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Report: Appeals Court Upholds Jan. 6 Trespassing Misdemeanor

Elvert Barnes, CC BY-SA 2.0 , via Wikimedia Commons

On Tuesday, a federal appeals court upheld a Jan. 6 rioter’s misdemeanor trespassing conviction in connection with the 2021 Capitol riot.

Couy Griffin, a founder of “Cowboys for Trump” and former New Mexico county commissioner, challenged his 2022 conviction for entering and remaining in a restricted building or grounds.

The law bars “knowingly” entering a restricted zone, described as areas “posted, cordoned off or otherwise restricted,” and later defines “otherwise restricted” as an area where Secret Service protectees will be visiting.

According to The Hill, Griffin claimed that he could not have “knowingly entered” the restricted zone without knowing the reason for the restriction was to safeguard a person under the Secret Service’s protection — on Jan. 6, then-Vice President Pence during his time at the Capitol.

A District of Columbia Circuit Court of Appeals panel affirmed 2-1 that breaching a restricted area alone suffices as a violation of the law, even without knowing why the restriction is in place.

“A contrary interpretation would impair the Secret Service’s ability to protect its charges,” Judge Cornelia Pillard wrote in the majority opinion. “It would require Secret Service agents preventing members of the public from encroaching on a temporary security zone to confirm that each intruder knows that a person under Secret Service protection is or is expected to be there. Neither the text nor the context of the statute supports that reading.”

Griffin also argued that many of the rioters ahead of him trampled fencing and signage that would have designated restricted areas, but the panel held that Capitol grounds were “adequately ‘posted, cordoned off or otherwise restricted’ when Griffin clambered over a stone wall and jumped inside.’”

Judge Gregory Katsas wrote in a dissenting opinion that both elements of the law — knowledge of an area being restricted and the reason why — must be satisfied to successfully convict for entering and remaining in a restricted building or grounds.

“My colleagues try to split the difference,” Katsas wrote. “They agree the defendant must know that the relevant area satisfies the first part of the statutory definition — i.e., that the area was ‘posted, cordoned off, or otherwise restricted’ at the time of the trespass. But there is no textual or contextual basis for projecting the knowledge requirement only halfway through the definition.”

A decision in favor of Griffin could have upended the cases against hundreds of fellow rioters facing the same charge.

More than 1,400 Jan. 6 rioters faced the count as a misdemeanor.

This is a breaking news story. Please check back for updates.

Supreme Court Responds To Michael Cohen Appeal

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Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons

The Supreme Court will not get involved.

On Monday, the Supreme Court declined to revive Michael Cohen’s lawsuit seeking damages for retaliation during his prison sentence.

Cohen’s lawsuit comes after the former Trump “fixer” began serving his sentence for federal election finance crimes during the COVID-19 pandemic.

Due to health reasons that would be exacerbated by the virus, Cohen’s prison term was furloughed, and he was temporarily sent to home confinement. 

Officials later ordered him back to prison after he raised issue with a release condition asking him to waive his ability to criticize then-President Trump

A federal judge ruled to release Cohen again and said the former president’s ex-fixer suffered unconstitutional retaliation for wanting to critique Trump on social media and in a book. However, the judge later dismissed Cohen’s claim for damages over the incident. 

The Hill reports:

“As it stands, this case represents the principle that presidents and their subordinates can lock away critics of the executive without consequence,” Cohen wrote in his request for the justices to hear his case.  

Trump attorney Alina Habba said in the former president’s brief to the court that Cohen’s complaint is “entirely devoid of merit.” She also added a question over whether Cohen’s claim is barred by presidential immunity, which the justices declined to weigh. 

Cohen testified as a star witness in the Manhattan district attorney’s criminal case against his former boss, which ended in a conviction in May, and took the stand in an earlier civil fraud trial against Trump and his business.  

In a previous interview with The Hill, Cohen said his appeal to the justices was about deterrence. His experience, he said, was “merely a practice run” for the sweeping retribution Trump has vowed in a potential second term. 

“Donald has opened up a Pandora’s box for future Trump 2.0s acting in the same autocratic manner,” Cohen said. “This writ of certiorari will be part of the process that would prevent any other U.S. citizen ever from being imprisoned because they refused to waive their First Amendment right or because they express criticism.”  

The type of relief Cohen sought against Trump, various officials involved and the federal government itself for violating his constitutional rights is known as a Bivens claim. Over the past 44 years, the Supreme Court has turned away a dozen such lawsuits – making the ex-fixer’s request an uphill fight. 

This is a breaking news story. Click refresh for the latest updates.

Trump Assassination Attempt Suspect Seeks Judge’s Recusal From Case

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The man accused of attempting to assassinate former President Donald Trump at his Florida golf course in September filed a motion requesting the judge recuse herself from the case.

Ryan Routh’s legal team raised concerns about Judge Aileen Cannon’s impartiality due to her appointment by Trump and the former president’s public praise of her judicial decisions regarding his classified documents case, according to the motion.

Routh’s attorneys argued that the unique nature of the case could lead the public to question the fairness of the proceedings.

“Mr. Trump is the current Republican candidate for President in next month’s election. On the campaign trail, he has repeatedly praised Your Honor for her rulings in his case,” the motion stated. “By repeatedly and publicly praising this Court by name for its rulings in his case, Mr. Trump has arguably bolstered the perception that the Court is partial in his favor. Moreover, were Mr. Trump to become President again in the future, he would be in a position to nominate Your Honor to a vacancy on a higher appellate court, including the U.S. Supreme Court.”

The defense highlighted the potential conflict of interest, given Trump’s role as the alleged victim in this case.

“As the alleged victim here, he has a significant stake in the outcome of this case too. Were he to become President in the future, he would have authority to nominate Your Honor to a federal judgeship on a higher court were a vacancy to arise.”

Cannon previously granted former Trump’s motion to dismiss the classified documents case in July, siding with his argument that Special Counsel Jack Smith’s appointment was unconstitutional.

Report: Judge Unseals More Documents In Trump Investigation

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A new development…

The judge in former President Donald Trump’s federal election interference case ordered more documents to be revealed from Special Counsel Jack Smith’s investigation into the former president just weeks before the 2024 election. 

U.S. District Judge Tanya Chutkan ordered on Thursday night that additional documents be made public. 

The documents pertain to the appendix of exhibits in the fight over whether Trump has a level of presidential immunity that negates the charges against him. 

Much of what readers are able to review is already public, including transcripts from the now-disbanded House Jan. 6 committee, press releases from various secretaries of state, the text of  Trump’s rally speech and phone call with Georgia officials, and even real election certificates showing President Biden as the winner of the 2020 contest. One of the exhibits appears to review much of Trump’s then-Twitter activity from the period of the election.

Chutkan cited in the order Trump’s claim that the “asymmetric release of charged allegations and related documents during early voting creates a concerning appearance of election interference.” 

According to the judge, while there is a public interest for courts to avoid involving themselves in elections, “it is in fact Defendant’s requested relief that risks undermining that public interest.”

She added that the court would continue keeping political considerations out of decisions, despite the defense’s request. 

This is a breaking news story. Please check back for updates.


Majority Of Pennsylvania County Sheriffs ‘Wholeheartedly Endorse’ Trump For President

The majority of county sheriffs in battleground state Pennsylvania endorsed former President Trump on Thursday.

Fox News Digital obtained a letter signed by 49 of the 67 county sheriffs in the state, who said Trump is the best candidate to support law enforcement and secure the border.

“As elected law enforcement officers in the Commonwealth of Pennsylvania, we consistently hear two messages from our constituents and neighbors: that they want safe communities for their families and children, and that they oppose radical defund-the-police agendas by career politicians,” they wrote. 

“That is why we are proudly standing with President Donald J. Trump and wholeheartedly endorse his candidacy for President of the United States.” 

The county sheriffs said that “even before” Trump was a candidate for office, he “stood shoulder-to-shoulder with police and law enforcement.”

“He is the only candidate who has supported and continues to support law and order, law enforcement, and our duty to serve our communities and keep them safe,” they wrote. “This is most evident with our Southern Borde

The county sheriffs pointed to the Trump administration, where they said the U.S. had “a secure border and proper enforcement of our immigration laws.” 

“World leaders respected President Trump, and border crossings fell,” they wrote. “Without his strong leadership, our border has been swung open – open to thousands of border crossers each day and unimaginable quantities of lethal drugs such as fentanyl and methamphetamine that are pouring right into Pennsylvania communities, bringing crime and devastation to countless families.” 

The counties represented by the sheriffs endorsing Trump include Adams, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Clarion, Clearfield, Crawford, Cumberland, Dauphin, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Lancaster, Lebanon, Lycoming, McKean, Mercer, Mifflin, Montour, Northumerland, Perry, Potter, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland and York.

Fox News Host ‘Baffled’ By Kamala’s Lack Of Preparation

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Gage Skidmore Flickr

Fox News host Geraldo Rivera might be regretting his endorsement.

Days after backing the Democrat nominee the Fox News host was left stunned after her lack of preparation for her interview with anchor Bret Baier on Wednesday.

Rivera and Sean Spicer joined NewsNation’s Dan Abrams, founder of Mediaite, on Wednesday to break down Harris’s interview and despite Rivera’s public support for Harris, he was left mostly unimpressed with her appearance.

“I am baffled by the lack of preparation going into the highest profile interview she has,” Rivera said, calling the interview “a wash.”

He argued that Harris’s weak point was in terms of immigration and the southern border.

“For example, she knew, they knew, the Democrats knew that it was going to be all about immigration. Bret was going to come out smoking on immigration and he would culminate his lament over how awful the situation is with pictures of the victims. That’s the Republican playbook, it’s obvious that it was coming. How could she not be ready to answer Laken Riley and Mollie Tibbetts and so forth?” he said.

The southern border, he added, will continue to be the weak point for Harris and her campaign.

“From this moment on, I advise them to not be the doormat when it comes to this issue,” he said. “It’s their biggest Achilles heel.”

Donald Trump released a statement after Kamala’s interview:

“Kamala Harris’ interview with Bret Baier was a TRAIN WRECK. Kamala was angry, defensive, and once again abdicated any responsibility for the problems Americans are facing. She couldn’t give a straight answer to a single question because she has no answers. Kamala’s entire campaign is based on lies about President Trump. Kamala can’t handle the pressure of an interview with Fox News—she certainly can’t handle the pressure of being President of the United States.”

McConnell Biography Unveils Senate Leaders Private Reaction After 2020 Election

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Mitch McConnell, Kevin McCarthy, Nancy Pelosi, Chuck Schumer attend medal ceremony via Wikimedia Commons

A new biography on Mitch McConnell (R-Ky.) exposes new details surrounding his tense relationship with former President Donald Trump.

Michael Tackett, deputy Washington bureau chief at the Associated Press, drew from nearly three decades of McConnell’s political career using sources including recorded diaries by the elder statesmen and past interviews. In the finished book, The Price of Power, which hits shelves on October 29, Tackett uncovered several shockingly negative assessments of the ex-president by McConnell, who has publicly expressed his support and endorsed him in the 2024 election.

After Trump lost the election in 2020, McConnell congratulated his former Senate colleague President Joe Biden and warned his fellow Republicans not to challenge the election results. But behind the scenes — and as Trump tried and failed to overturn the election results — he apparently couldn’t wait to see the last of Trump:

Privately, he said in his oral history that “it’s not just the Democrats who are counting the days” until Trump left office, and that Trump’s behavior “only underscores the good judgment of the American people. They’ve had just enough of the misrepresentations, the outright lies almost on a daily basis, and they fired him.”

“And for a narcissist like him,” McConnell continued, “that’s been really hard to take, and so his behavior since the election has been even worse, by far, than it was before, because he has no filter now at all.”

Before those Georgia runoffs, McConnell said Trump is “stupid as well as being ill-tempered and can’t even figure out where his own best interests lie.”

An account of the aftermath of January 6, which had McConnell in a secure location while his aides “barricaded” in the office, revealed an emotional moment between the former Senate Majority Leader and his staff:

McConnell then went to his office to address his staff, some of whom had barricaded themselves in the office as rioters banged on their doors. He started to sob softly as he thanked them, Tackett writes.

“You are my family, and I hate the fact that you had to go through this,” he told them.

North Carolina Democrat Resigns After Tampering Trump Election Materials

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A local Democrat Party chair in North Carolina resigned after he was arrested for allegedly ripping out and stealing roadside signs supporting former President Donald Trump. 

Lowell Simon, the now former chair of the Moore County Democrat Party, who is also running for North Carolina House in November, was charged with two counts of misdemeanor larceny of political signs. 

The Moore County Democratic Party announced in a Facebook post on Monday that 68-year-old Simon had resigned as chair “following recent allegations and arrest related to the theft of political signs.” 

The Moore County Sheriff’s Office said a deputy working in the West End area observed Simon removing campaign signs from the roadside along Seven Lakes Drive at approximately 5:25 p.m. Thursday. 

Fox News reports:

“The deputy, who was responding to an unrelated call at the time, later followed up at Simon’s residence, where the signs were found in his vehicle,” according to the office. “Simon admitted to removing the signs, which were then recovered and returned to their original owner.” 

A warrant for Simon’s arrest was issued Saturday. He was released “under a written promise to appear in court,” according to the sheriff’s office, and his first court appearance is scheduled for Oct. 30. 

“While we appreciate the hard work and dedication he has shown to the Democratic Party and the community, the Moore County Democratic Party cannot and will not condone the tampering of political signs or any other illegal activity,” the local party wrote on Facebook. “Mr. Simon has offered an apology for his actions, as well as his resignation, both of which have been accepted by the MCDP.”

“My worse angels got the better of me and I removed the signs,” Simon said. “I shouldn’t have done that. I didn’t do it in the stealth of night or anything. I did it when it was five o’clock in the afternoon.”

“We believe in the importance of freedom of expression and speech, and hope that local law enforcement will continue to enforce such laws that protect those freedoms fairly and without bias across party lines,” the local party added. “As we move forward, our focus will remain on electing Democrats up and down the ballot in this critical election. Together, we are committed to promoting the values of justice, fairness, and freedom that our Party holds dear, and we look forward to building a better future for all in Moore County.”

RFK Jr. Hints At Trump Admin. Role

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Photo via Gage Skidmore Flickr

Robert F. Kennedy Jr. could be joining the future Trump administration…

On Monday, the Independent presidential candidate signaled in a video that he may join the Trump administration’s Department of Agriculture to work on policy.

“When @realDonaldTrump gets me inside the USDA, we’re going to give farmers an off-ramp from the current system that destroys soil, makes people sick, and harms family farms,” he wrote Monday on social platform X, just days after losing his mother, along with a video asking supporters to donate to his “Make America Healthy Again” cause.

The donation page is dedicated to fueling support for the former president.

“America’s current ag policy is destroying America’s health on every level. It’s destroying the economic health of farmers by forcing them to get big or get out,” Kennedy said the video. “Big corporate farms do just fine, while the small and medium family operators are squeezed to the point of collapse.”

The independent then touched on issues caused by toxic pesticides and polluted soil, and shared plans to remove internal “conflicts of interest” within the agency.

“We’re going to ban the worst agricultural chemicals that are already prohibited in other countries. And we’re going to remove conflicts of interest from the USDA dietary panels and commissions,” he said. “I’ve seen some of what America’s most innovative, regenerative farmers are doing today. They can literally green deserts. They rebuild depleted soils, wells that have been dry for 30 years start flowing again.”

Authorities Apprehend Man With Weapon Outside Trump Rally

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Over the weekend, authorities arrested a man outside of Donald Trump’s rally in Coachella, California who was in possession of multiple firearms.

Vem Miller, 49, said to Fox News that he reported the guns to authorities, which he says he always travels with despite never using them, at a checkpoint to get into Trump’s Coachella rally on Saturday evening and argued that documents Riverside County Sheriff Chad Bianco said were fake are legit. 

“I always travel around with my firearms in the back of my truck,” Miller told Fox News Digital in a phone interview.

He says he has never fired them, but he started keeping them with him when he started getting death threats. 

“I’ve literally never even shot a gun in my life,” Miller said.

“I don’t know anything about guns. I am beyond a novice,” he continued. 

Miller says he’s Armenian and has documents that use his full Armenian name and documents that don’t which were inside of his truck at the time, because using those documents in some places around the world could get him killed, referring to campaigns over the centuries to murder Armenians. 

A spokesperson for the Trump campaign issued a statement to Fox News Digital and said they were monitoring the situation.

“We thank law enforcement for securing the rally site and helping ensure the safety of President Trump. We are aware of news reports about the arrest and are currently monitoring the situation and gathering more information,” the statement read. 

In a previous statement, the Riverside County Sheriff’s Office said, “This incident did not impact the safety of former President Trump or attendees of the event.” 

A source close to the Trump campaign also told Fox News’s Bill Melugin, and another told Fox News’ Bryan Preston, that they do not believe this was an assassination attempt on Trump.

he was quickly released on $5,000 bail and so far, no federal charges have been filed.