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Sen. Eric Schmitt, R-Mo., is being sued by the People’s Republic of China (PRC) for tens of billions of dollars in damages for a lawsuit he filed against the country during his time as Missouri’s attorney general.

Schmitt is being sued by the People’s Government of Wuhan Municipality, the Chinese Academy of Sciences and the Wuhan Institute of Virology of the Chinese Academy of Sciences for roughly $50 billion, several years after the lawmaker sued the country during the COVID-19 pandemic.

The lawsuit, first obtained by Fox News Digital, accused Schmitt, FBI co-deputy director Andrew Bailey, and the state of Missouri of damaging the reputations of China, Wuhan and the associated research facilities through ‘malicious vexatious litigation, fabricating enormous disinformation, and spreading stigmatizing and discriminating slanders.’

Schmitt said in a statement to Fox News Digital that he’d been ‘banned from Communist China, and now I am being sued and targeted by Communist China in a $50 billion lawfare campaign, and I’ll wear it like a badge of honor.’ 

‘China’s sinister malfeasance during the COVID-19 pandemic led to over a million Americans losing their lives, economic turmoil that rocked our country for years, and an enormous amount of human suffering, and as Missouri Attorney General I filed suit to hold them accountable,’ Schmitt said. ‘Instead of trying to defend its indefensible behavior, Communist China responded with frivolous lawfare, attempting to absolve themselves of all wrongdoing in the early days of the pandemic.’ 

‘This novel lawsuit is factually baseless, legally meritless, and any fake judgment a Chinese court issues in this lawsuit we will easily beat back and keep from being enforced against the people of Missouri or me,’ he continued. ‘This is their way of distracting from what the world already knows, China has blood on its hands.’

Schmitt, who served as attorney general for the Show-Me state from 2019 to 2023, sued the PRC, several Chinese government ministries, the Communist Party of China, the Wuhan Institute of Virology and the Chinese Academy of Sciences in early 2020, shortly after the beginning of the COVID-19 pandemic.

At the time, Schmitt accused the Chinese government of withholding information on the COVID-19 virus, failing to contain the outbreak of the virus, and actively hoarding high-quality personal protective equipment (PPE) while producing and selling lower-quality PPE for the rest of the world.

That case resulted in an eventual $24 billion judgment earlier this year.

The lawsuit against Schmitt, Bailey, who resigned as Missouri’s attorney general after he was tapped by President Donald Trump to serve as co-deputy FBI director in September, and Missouri contended that the preceding lawsuit, and statements published across a variety of media outlets, led to severe reputational and economic harm.

They’re demanding that apologies be published in several outlets, including The New York Times, CNN, Wall Street Journal, Washington Post and Chinese media outlets. The apologies come with a price tag, too.

Wuhan and the Chinese government demanded compensation of over 356 billion Chinese Yuan, which converts to just over $50 billion dollars.

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Real America’s Voice chief White House correspondent Brian Glenn and outgoing Republican Rep. Marjorie Taylor Greene of Georgia revealed that they are engaged.

‘She said ‘yes’’ Glenn wrote in a post on X, adding the ring emoji while sharing a photo of himself with the congresswoman.

Greene shared Glenn’s post and wrote, ‘Happily ever after!!!’ along with a red heart emoji. ‘I love you @brianglenntv!!!’ she added.

‘Congratulations!’ Republican Rep. Warren Davidson of Ohio replied to both of the posts.

GOP Rep. Tim Burchett of Tennessee shared Glenn’s post and wrote, ‘Congratulations! I can perform the ceremony in Tennessee for free.’

After President Donald Trump trashed Greene on Truth Social last month and suggested he would back a primary challenger, the lawmaker announced that she would resign from office, noting that her last day will be January 5.

Greene, who has served in the House of Representatives since 2021, will be leaving office in the middle of her third term.

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President Donald Trump’s former Secretary of Homeland Security, Chad Wolf, is sounding the alarm about China infiltrating America’s healthcare systems. 

Concern about China’s ability to infiltrate United States technology was underscored by a Memorandum of Understanding (MOU) signed last week between four state attorneys general and Federal Communications Commission Chairman Brendan Carr, aimed at ramping up protections against Chinese infiltration of communications equipment and services utilized by the United States. 

On Monday, the Protecting America Initiative (PAI), a conservative nonprofit aimed at fighting the Chinese Communist Party’s efforts ‘to sabotage America,’ launched a campaign to highlight the nation’s vulnerability to China as it relates to medical technology. 

Earlier this year, both the Food and Drug Administration (FDA) and the Cybersecurity and Infrastructure Security Agency (CISA) both warned of a ‘backdoor’ in a popular brand of patient monitoring devices. CISA found the so-called backdoor allowed the device to download remote files and send them to an IP address associated with a Chinese university. All schools in China operate under a law requiring them to support national intelligence work when called upon.

‘Americans rely on their doctors who take an oath to keep us safe, and first, do no harm. But when critical medical devices are made by Chinese companies, that puts our safety at risk. Chinese medical devices open the door for the CCP to access sensitive health data. President Trump and his administration always put America First and will safeguard our patients and our privacy from Beijing’s infiltration,’ PAI Senior Advisor Chad Wolf told Fox News Digital. ‘It’s time to remove Chinese medical devices from U.S. hospitals and close the data backdoor, because patient privacy and national security are non‑negotiable.’

In June, Florida’s Republican Attorney General James Uthmeier took legal action against the Chinese medical device manufacturers probed by the FDA and CISA, accusing the company of selling ‘compromised’ medical devices that allegedly include a ‘backdoor’ that bad actors can manipulate. 

In addition to patient data and privacy concerns, Uthmeier was also concerned about the medical device manufacturer, and those distributing its products, selling patient health monitors as approved by the FDA and other international standards, even though they were not.

 

China’s expanding presence in American medical supply chains has also been a concern among experts.

‘China’s growing role within the U.S. medical device supply chains is largely due to the combination of Beijing’s industrial policy and the shifting landscape of American healthcare,’ the Foundation for Defense of Democracies (FDD), a conservative think tank in Washington, D.C. focusing on foreign affairs and national security, wrote in an October report.

‘The National Institute of Health (NIH) estimated that in 2019, 9.2 percent of U.S.-imported pharmaceuticals and medical equipment came from China — a percentage that ‘likely understates’ American reliance on China for medical products, NIH warned,’ the report continues. ‘This understatement is in part due to the complex nature of medical supply chains — China is both a supplier of raw materials used in medical products and the final point of assembly for goods bound for the United States, obscuring its reach into the American medical system. This percentage also does not account for the value-add or criticality of these goods, particularly those related to biodefense and managing long-term acute health issues.’

FDD claims that China has ‘exploited’ the United State’s ‘reliance’ on it by selling and exporting deliberately compromised technology, leading to doctors ‘unwittingly and unwillingly’ playing ‘Russian roulette with patient treatment plans.’

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The Senate advanced the annual defense policy bill on an overwhelmingly bipartisan vote on Monday, teeing up final passage later in the week.

The National Defense Authorization Act (NDAA) of 2026 is one of the must-pass legislative packages that Congress deals with on an annual basis, and it unlocked billions of dollars in funding for the Pentagon and several other defense-related items.

Lawmakers pushed the colossal authorization package through a key procedural hurdle on a 76-20 vote. Senators will get their chance to tweak the package with several amendment votes in the coming days.

The roughly $901 billion package, which is about $8 billion over what President Donald Trump requested earlier this year, typically acts as a bookend for Congress, capping off the year as one of the few must-pass items on the docket. And, given that there is no government funding deadline to contend with, the NDAA is getting primetime treatment in the Senate.

Still, there are myriad items that lawmakers hope to tackle before leaving until the new year, including a fix to expiring Obamacare subsidies, confirming nearly 100 of Trump’s nominees, and a potential five-bill funding package that, if passed, would go a long way toward warding off the specter of another government shutdown come Jan. 30.

Scattered throughout the colossal package’s roughly 3,000 pages are several provisions dealing with decades-old war authorities, strikes on alleged drug boats in the Caribbean, Ukraine, lifting sanctions, and Washington, D.C.’s, airspace.

This year’s NDAA would scrap the 1991 and 2002 authorizations of use of military force (AUMFs) for the Gulf War and Iraq War, respectively. Lawmakers have found rare bipartisan middle ground in their desire to nix the AUMFs, which have been used by previous administrations to engage in conflicts in the Middle East for decades.

Then there is a policy that includes several requirements to fulfill the Pentagon’s travel budget, one of which would force the agency to hand over all unedited footage from the Trump administration’s strikes against alleged drug boats.

It’s a pointed provision that underscores the bipartisan concern from Congress over the administration’s handling of the strikes, particularly in the wake of a double-tap strike on Sept. 2 that has seen several lawmakers demand more transparency and access to the footage.

There is also a provision that has stirred up controversy among Senate Republicans and Democrats alike that would roll back some safety standards in the Washington, D.C., airspace. It comes on the heels of the collision between a Black Hawk helicopter and passenger jet near Ronald Reagan Washington National Airport earlier this year.

Senate Commerce, Science and Transportation Committee Chair Ted Cruz, R-Texas, and Sen. Maria Cantwell, D-Wash., the top ranking Democrat on the panel, are pushing to have the provision stripped with their own amendment, which would codify the safety tweaks made after the midair collision.

Cruz said alongside family members of the victims of the crash, which killed 67, that the provision didn’t go through the ordinary clearances.’ 

‘Normally, when you’re adding a provision to the NDAA that impacts aviation, you would request clearance from the chairman and ranking member of the Senate Commerce Committee,’ Cruz said. ‘No clearance was requested. We discovered this provision when the final version of the bill dropped out of the House and it was passed.’

There are also several provisions that deal with Ukraine, including an extension of the Ukraine Security Assistance Initiative, which would authorize $400 million each year to buy weapons from U.S. defense companies.

There’s a provision that would prevent the U.S. from quietly cutting off intelligence support to the country by requiring at least 48-hours notice detailing why, how long it would last and the impact on Ukraine.

There’s also a provision that would beef up reporting requirements for all foreign aid flowing to Ukraine from the U.S. and other allies supporting the country in its conflict with Russia.

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After the U.S. seized a tanker carrying Venezuelan crude oil, the shadowy fleet of ‘ghost ships’ used to evade sanctions drifted squarely into President Donald Trump’s crosshairs.

On Dec. 10, Trump announced the seizure of the ‘Skipper,’ a vessel that secretly ferries oil in defiance of sanctions. 

The broader fleet, a clandestine armada of roughly 1,000 tankers, quietly navigates global sea routes to move oil from sanctioned countries like Russia, Iran and Venezuela.

The so-called ‘ghost ships’ sail under foreign flags to obscure their origins, repeatedly change names, shift ownership through shell companies, disable transponders to evade tracking and conduct mid-sea transfers to mask their cargo.

The result is a labyrinthine system of handoffs and disguised voyages.

Benjamin Jensen, who heads the Futures Lab at the Center for Strategic and International Studies, said the challenge extends well beyond Venezuela.

‘I do think it’s time that the United States and other countries start to address what really is a global problem,’ explained Benjamin Jensen, director of the Futures Lab at the Washington, D.C.-based Center for Strategic and International Studies.

Jensen said the seizure sends a shock not just to Caracas but to other actors as well. 

‘What we don’t know is how they’re following that up behind the scenes,’ he said, adding that further seizures under Trump are possible.

With Venezuela’s economy tethered almost entirely to oil revenue, he noted that even a single interdiction can have an outsized impact. 

‘Anything you do that puts pressure on their ability to bypass sanctions and trade in oil is a direct threat to the economy and, by extension, the regime,’ he said. 

Meanwhile, the Trump administration has signaled that the seizure of the ‘Skipper’ is only the opening salvo in a new effort to cut off the oil revenues that keep Moscow, Tehran and Caracas afloat.

White House Press Secretary Karoline Leavitt said Thursday that the vessel is ‘undergoing a forfeiture process.’

‘Right now, the United States currently has a full investigative team on the ground, on the vessel and individuals on board the vessel are being interviewed, and any relevant evidence is being seized,’ Leavitt said, adding that the U.S. will take hold of the oil after the legal process is completed.

The move comes as China continues to be the leading importer of Iranian oil and the second-largest buyer of Russian crude, much of it routed through a growing fleet of nondescript tankers evading U.S. sanctions.

Earlier this year, the 19-year-old crude oil tanker named ‘Eventin’ was seized by German authorities after the ship suffered engine failure in the Baltic Sea. The vessel was previously identified as a ship that exports Russian crude oil and other petroleum products.

German authorities discovered that the Panama-flagged vessel, which was previously named Charvi and Storviken, was carrying 99,000 tons, or approximately $45 million worth, of Russian oil.

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Erika Kirk has announced that she is to meet privately with commentator Candace Owens marking the first direct conversation between the two after a period of public discussion and differing perspectives that emerged after her late husband’s death.

Kirk shared the update in a brief statement on X on Sunday, saying both women had agreed to pause all public commentary until after the meeting.

‘Candace Owens and I are meeting for a private, in-person discussion on Monday, December 15,’ Erika said.

‘@RealCandaceO and I have agreed that public discussions, livestreams, and tweets are on hold until after this meeting. I look forward to a productive conversation. Thank you,’ Erika added.

The planned discussion between Erika and the former Turning Point USA employee reflects an effort by the women to address weeks of mounting tensions over conspiracy theories online in a more thoughtful and personal setting.

At a recent CBS town hall Erika expressed the emotional toll of widespread online speculation surrounding her husband’s passing, ‘Stop. That’s it. That’s all I have to say. Stop.’ when asked what she had to say to people making unfounded claims.

‘When you go after my family, my Turning Point USA family, my Charlie Kirk Show family, when you go after the people that I love, and you’re making hundreds and thousands of dollars every single episode going after the people that I love because somehow they’re in on this, no,’ Erika also said on ‘Outnumbered’ Dec. 10.

The relationship between the two women has deteriorated sharply in recent months, despite their earlier history of collaboration and personal friendship.

The recent events have placed them on different sides of a sensitive moment and their decision to meet privately shows signs of a mutual desire to speak directly while reducing misunderstandings and avoiding further speculation.

Kirk, who now leads TPUSA, has been focused publicly on preserving her husband Charlie Kirk’s legacy since his tragic death in September.

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Secretary of State Marco Rubio is leading the U.S. delegation to the high-profile Munich Security Conference — one year after Vice President JD Vance took the German stage in a speech that stunned many in Europe and became one of the defining moments of Trump’s early second term abroad. 

‘President Trump has assembled the most talented team in history, including Vice President Vance and Secretary Rubio, who are working in lockstep to notch wins for the American people,’ White House spokeswoman Olivia Wales told Fox News Digital ahead of Rubio’s speech. 

‘The President and his team have flexed their foreign policy prowess to end decades-long wars, secure peace in the Middle East, and restore American dominance in the Western Hemisphere. The entire administration is working together to restore peace through strength and put America First.’

The Munich Security Conference is an annual high-level forum in Germany that draws hundreds of senior decision-makers — including heads of state, top ministers, military leaders and policy influencers — for closed-door and public talks on global security crises. 

Former Secretary of State Hillary Clinton, New York Democratic Rep. Alexandria Ocasio-Cortez and Gov. Gavin Newsom of California are among notable Democrats attending the conference, in addition to Rubio. 

Vance became one of the central figures at the 2025 Munich gathering after a widely publicized speech that drew heavy attention and applause from conservatives following the Biden administration. It also sparked backlash among some European officials who viewed his remarks as confrontational. 

Rubio’s attendance at the 2026 meeting follows a lengthy history of the State Department chief earning a series of different roles under the second administration, including acting national security advisor, secretary of state, acting archivist of the United States and acting administrator of the U.S. Agency for International Development. 

Amid rising trans-Atlantic tension, the secretary of state issued a warning to Europe as he departed for his trip to Germany Thursday. 

‘The Old World is gone,’ Rubio told reporters as he departed for Europe Thursday. ‘Frankly, the world I grew up in, and we live in a new era in geopolitics, and it’s going to require all of us to re-examine what that looks like and what our role is going to be.’

President Donald Trump and his administration repeatedly have put Europe on notice for allegedly devolving into a culture of political correctness, speech policing, and a security system that heavily relies on U.S. funding and military might. Amid the rhetoric on Europe, the administration has continued to underscore the importance of U.S.-Europe relations, including Rubio on Thursday. 

‘We’re very tightly linked together with Europe,’ he told reporters. ‘Most people in this country can trace both, either their cultural or their personal heritage, back to Europe. So, we just have to talk about that.’

Vance used his Munich Security Conference speech to deliver a blunt warning to Europe’s political class 2025, arguing the continent’s biggest danger is not Moscow or Beijing, but what he described as internal democratic decay that has festered due to political correctness and censorship. 

He accused European governments and institutions of drifting toward censorship, citing policies he said police speech, curb religious expression and pressure online platforms. He also argued elites allegedly were trying to manage elections and debate by dismissing unwelcome outcomes and branding dissent as ‘misinformation’ to sideline populists and blunt voter backlash.

‘What I worry about is the threat from within, the retreat of Europe from some of its most fundamental values — values shared with the United States of America,’ Vance said in 2025 in the speech that left many European leaders stunned, according to reports at the time. 

Vance also is overseas this week, holding meetings with Armenia and Azerbaijan, including signing a peaceful nuclear cooperation with Armenia and a strategic partnership with Azerbaijan. 

That trip followed both Vance and Rubio joining a bilateral meeting with Prime Minister Giorgia Meloni earlier in February in Italy, and Vance leading a delegation that included Rubio during the Olympics’ opening ceremony in Milan. 

A source familiar told Fox News Digital that there were never plans for the vice president to attend the 2026 conference in Munich. 

Vance’s foreign policy footprint became subject of political media scrutiny earlier in 2026 when the U.S. military successfully captured Venezuelan dictator Nicolás Maduro. Vance was not among high-profile U.S. leaders who joined Trump at his Mar-a-Lago, Florida, resort to monitor the operation, unlike Rubio who was with the president. 

The VP’s office brushed off media alarm over his absence, citing  Trump and Vance limit the ‘frequency and duration’ of time they spend together outside the White House due to ‘increased security concerns.’ 

The vice president is by no means is expected to attend the Munich Security Conference each year, with former Vice President Mike Pence, for example, attending the conference twice under the first Trump administration, and former Vice President Kamala Harris attending three times under the Biden administration. Previous secretaries of state such as John Kerry, Antony Blinken and Hillary Clinton have attended and addressed the body in previous years. 

Vance additionally attended a separate Munich Security Conference event, the Leaders Conference, in Washington, D.C., in May 2025.

Trump praised Vance’s 2025 speech as ‘brilliant’ in a statement to reporters at the time, remarking that ‘they’re losing their wonderful right of freedom of speech’ in Europe and that Vance made a strong case against much of Europe’s lax immigration polices. 

Since then, Trump’s team repeatedly has echoed the same critique in official channels, including a State Department push that has blasted European speech restrictions and targeted the European Union’s Digital Services Act as ‘Orwellian’ censorship, alongside new visa restrictions aimed at foreign officials accused of censoring Americans online.

Just in December 2025, Trump blasted European nations for not being ‘recognizable’ at the World Economic Forum in Davos, Switzerland, teeing up what could be another fiery speech from Americans on European soil on Saturday. 

‘I don’t want to insult anybody and say I don’t recognize it,’ Trump said during his special address in Davos. ‘And that’s not in a positive way. That’s in a very negative way. And I love Europe and I want to see Europe do good, but it’s not heading in the right direction.’

Fox News Digital reached out to the State Department for comment on the address Friday. 

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Emboldened congressional Democrats are expanding their battleground map for this year’s midterm elections, when Republicans will be defending their razor-thin majority in the House.

But the National Republican Congressional Committee (NRCC) chairman, Rep. Richard Hudson, isn’t buying it.

‘I mean, I’ve read fiction my whole life, and I recognize it when I see it,’ Hudson said in an exclusive with Fox News.

Republicans currently control the House 218-214, with two right-tilting districts and one left-leaning seat currently vacant. Democrats need a net gain of just three seats in the midterms to win back the majority for the first time in four years.

The Democratic Congressional Campaign Committee (DCCC) this week added five more offensive opportunities in Colorado, Minnesota, Montana, South Carolina and Virginia to their list of what they consider are vulnerable Republican-held House districts.

That brings the total number of districts Democrats are hoping to flip to 44. The DCCC notes that all five of the new districts they’re adding to their list of ‘offensive targets’ were carried by President Donald Trump by 13 points or fewer in the 2024 elections.

‘Democrats are on offense, and our map reflects the fact that everyday Americans are tired of Republicans’ broken promises and ready for change in Congress,’ DCCC Chair Suzan DelBene emphasized earlier this week.

And DCCC Spokesperson Viet Shelton told Fox News Digital, ‘In a political environment where Democrats are overperforming by more than 17 points in congressional special elections, it’s pretty clear we’re poised to re-take the majority. Momentum and the American people are on our side while Republicans are running scared.’

Asked about the DCCC’s move, Hudson scoffed.

‘They’ve got to have a list they can present to their donors,’ he said as he pointed to the DCCC. ‘But it’s not realistic. I mean, if you look at the map, there are very few seats up for grabs, and the majority of those seats are held by Democrats, but they’re seats that Donald Trump has carried or came very close….if you look at the seats that we’ll be competing for this fall. They’re they’re all favoring Republicans.’

The House GOP campaign chair added, ‘If you look at the map, it’s a Republican map. We just got to go out and win those races.’

The move by the DCCC comes as Democrats are energized, despite the party’s polling woes. Democrats, thanks to their laser focus on affordability amid persistent inflation, scored decisive victories in the 2025 elections and have won or over performed in a slew of scheduled and special ballot box contests since Trump returned to the White House over a year ago.

Republicans, meanwhile, are facing traditional political headwinds in which the party in power in the nation’s capital normally suffers setbacks in the midterm elections. And the GOP is also dealing with Trump’s continued underwater approval ratings.

The latest national surveys, including the most recent Fox News poll, indicate the Democrats ahead of the Republicans by mid-single digits in the so-called generic ballot question, which asks respondents whether they’d back the Democratic or GOP candidate in their congressional district without offering specific candidate names.

Asked about the polls, Hudson said, ‘We almost never lead in the generic ballot. But a single digit generic ballot, we do very well.’

And the House GOP campaign chair added he remains ‘very bullish.’

Cost of living concerns helped boost Trump and Republicans to sweeping victories in 2024, but affordability and overall economic concerns may work against them this year.

While the latest AP/NORC national poll indicated the GOP with a slight advantage over Democrats on handling the economy, a bunch of surveys, including the latest Fox News poll, indicate many Americans feel things are worse off than they were a year ago and remain pessimistic about the economy.

But on Friday the latest government numbers indicated that inflation eased during January.

And Hudson says the economy is still a winning issue for Republicans.

Pointing to the numerous tax cuts kicking in this year in the GOP’s sweeping One Big Beautiful Bill Act, which Trump signed into law last summer, Hudson touted ‘we put policies in place that are going to bring prosperity to the American people, and they’re starting to feel it.’

‘And as we move into tax season…folks who work overtime, folks who work for tips, they’re going to see a lot more money in their pocket thanks to no tax on tips, no tax on overtime,’ he added.

The GOP is also dealing with a low propensity issue: MAGA voters who don’t always go to the polls when Trump’s name isn’t on the ballot.

‘Our voters tend to be more working-class voters, and you have to put in extra effort to get them to the polls,’ Hudson said. ‘We know that’s our challenge. President Trump knows that’s the challenge, and he’s committed to helping us.’

Pointing to the NRCC’s annual fundraising gala, which Trump will once again headline this year, Hudson said this dinner will be a great kickoff for this year. We raised a whole lot of money with President Trump last year. We plan to raise a lot of money in March with President Trump, and then he’s going to get out on the campaign trail and help us turn out those voters and make that case.’

Asked about midterm election predictions, Hudson shied away from giving any hard numbers.

‘Not going to give you a number, but we’re going to hold the majority,’ he predicted. ‘President Trump was elected with a very specific agenda. We delivered almost his entire domestic agenda, and we’re going to go back to the voters and say promises made, promises kept, and they’re going to keep this House majority.’

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After more than eight years of Democrat lawfare against President Trump, his aides and his allies, the Justice Department under Attorney General Pam Bondi is bringing much-needed accountability — which is what American voters demanded in our last presidential election. But Democrat activist judges are doing what they do best: weaponization and sabotage.

In South Carolina, Clinton-appointed Judge Cameron Currie — handpicked by a Biden-appointed judge — wrongly disqualified Eastern District of Virginia U.S. Attorney Lindsey Halligan, the bold and fearless prosecutor who had secured an indictment against former FBI Director James Comey for lying and obstruction of a Senate investigation into his politicization, weaponization, and corruption of the intel agencies and law enforcement to go after political enemies and protect political allies. The government is appealing that decision to the Fourth Circuit Court of Appeals.  Now, another Clinton-appointed judge in the District of Columbia, Colleen Kollarr-Kotelly, has interfered even more egregiously with the government’s case. This ruling threatens the separation of powers essential to the Republic, and either the D.C. Circuit or Supreme Court must intervene immediately.

Comey was indicted on two charges: making false statements to Congress and obstruction of Congress. The indictment stemmed from the events surrounding Operation Crossfire Hurricane, more colloquially known as the Russiagate hoax. Comey used his longtime friend, Columbia Law Professor Daniel Richman, as a conduit to leak material unfavorable to President Trump to media outlets. In addition to being a law professor, Richman was a government contractor. He and Comey communicated frequently via email on government and private accounts. Communications on a government email account enjoy no reasonable expectation of privacy — the standard under the Fourth Amendment as a result of Justice Harlan’s concurrence in Katz v. United States (1967) — because the government can monitor its own email servers.

Six years ago, even Obama-appointed Judge James Boasberg, a judicial disgrace about whom we often have written, signed a warrant authorizing the search and seizure of emails on Richman’s computer and iCloud account and his account at Columbia. Richman was able to review all emails and withhold the information he deemed privileged from all but one account. Now, Richman — who was the recipient of many emails from Comey and the sender of many emails to him — has sought to reclaim those emails pursuant to Federal Rule of Criminal Procedure 41(g). This rule allows an individual to ask a court to reclaim his property obtained pursuant to an unlawful search and/or seizure in violation of the Fourth Amendment.

Shockingly, Kollar-Kotelly granted the motion and has ordered the FBI to destroy the emails by 4 p.m. on Monday.  Kollar-Kotelly’s ruling ordered the destruction of emails obtained pursuant to a warrant signed by another (Obama) judge six years ago.  She claims that the seized information relates to a new investigation; however, she is basing this assertion on a decision by Eastern District of Virginia U.S. Magistrate Judge William Fitzpatrick. Fitzpatrick issued a suppression-like decision even though suppression was not briefed by the parties — yet another example of blatant and unlawful judicial sabotage by partisans in robes.

Collar-Kotelly has ordered that a copy of the emails be given to Biden-appointed Judge Michael Nachmanoff, who is presiding over the Comey case in Virginia. This salvation of a copy of the emails, however, does not lessen the impact of Kollar-Kotelly’s horrible ruling. The FBI and the prosecution will be unable to review them in their efforts to seek a new indictment if Currie’s dismissal ruling survives on appeal. The statute-of-limitations law allows the government only six months after an indictment’s dismissal, suspended during the appellate process, to seek a new indictment. The inability to view this evidence would substantially increase the time necessary to seek an indictment.  Even if a higher court reverses Currie, the government’s inability to review the emails to use as evidence and prepare for trial would massively hamper its case.

Kollar-Kotelly’s decision is more disturbing because it implicates the separation of powers. Usually, Rule 41(g) comes into play where a defendant has had property wrongly seized, and he moves to reclaim it. Here, Comey is not seeking to reclaim anything; Richman, a then-government contractor with whom Comey communicated extensively about government business, is seeking this evidence. Richman has run to a partisan Democrat judge not even involved in the criminal case — and not even in the same district — to procure the destruction of crucial evidence in that case in an obvious effort to assist his friend Comey. Comey cannot challenge the warrant against Richman because he lacks standing to do so. Incredibly, Kollar-Kotelly suggested that Richman could move to quash this evidence in Virginia.  She’s going way out of her way to help Comey. Judges presiding over cases often have excluded evidence against defendants as having been obtained in violation of the Fourth Amendment. It is, however, extraordinary for a different judge — especially in a different district — to interfere in and dramatically hamper the prosecution’s case based on a claim by a third party of a wrongful search and seizure, especially when the evidence the government wishes to use consists of communications between that third party and the defendant — a defendant who was a senior government official.

The government obtained the evidence it wishes to use against Comey pursuant to a lawful warrant, even one signed by a highly partisan Obama-appointed judge. Now, a Clinton-appointed judge who is not presiding over the case — and is not even in the same district — is blatantly trying to aid Comey by preventing the government from using that evidence either to re-indict Comey or try him if the original indictment is reinstated. This ruling contravenes the normal way in which Rule 41(g) applies. The Clinton judge’s staggering timeline — destruction by tomorrow afternoon — also illustrates her agenda. She should have stayed a ruling of such magnitude to allow the appellate process to play out.  Instead, she has put the government in an incredibly precarious position: having to obtain a stay from either the D.C. Circuit or the Supreme Court in just a few hours. Kollar-Kotelly’s order had no legal basis, and a higher court must put a stop to it.

Kollar-Kotelly’s ruling is part of a larger pattern. Leftist judges like Obama-appointed D.C. Judge Tanya Chutkan — who presided over President Trump’s January 6-related case, Boasberg, who signed off on the national disgrace that was Operation Arctic Frost, and many other Democrat judges did nothing to stop and did much to escalate the lawfare waged against President Trump, his aides, and his allies. Now, the Justice Department is seeking legal accountability for lawfare perpetrators like Comey. Currie and Kollar-Kotelly have endeavored to prevent — or, at the very least, drastically decrease the chances of — such legal accountability. Courts do not order the FBI to destroy evidence in pending investigations, except when the evidence is harmful to a lawfare perpetrator like Comey. The inconsistency between the treatment afforded lawfare perpetrators and lawfare targets threatens the very legitimacy of the federal judiciary. If higher courts do not reign in these rogue judges, Congress must do so through oversight, withholding of funds from judicial appropriations, and impeachment.  A system where the judiciary enables lawfare and then shields its perpetrators from legal consequences is unsustainable, and higher courts must put a stop to it.

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