ALEXANDRIA, Virginia – A federal judge grilled the Department of Justice Wednesday about whether it mishandled the grand jury indictment against former FBI Director James Comey and asked if interim U.S. Attorney Lindsey Halligan, who is leading the case, acted at the behest of President Donald Trump.

Judge Michael Nachmanoff found during the hearing in Alexandria, Virginia, that Halligan signed an indictment alleging two charges against Comey but that that document was never presented to the full grand jury, a revelation that could imperil the case if Nachmanoff decides it is enough to delegitimize the indictment.

Nachmanoff directed Halligan, who had no prosecutorial experience before Trump installed her to lead the Eastern District of Virginia in September, to come to the stand, giving her the chance to speak for the first time in the courtroom since her appointment.

Halligan confirmed that she presented a prior indictment that showed three charges against Comey to the grand jury. The jurors had, however, rejected one of the charges, leading Halligan to later sign a second indictment leaving off that charge.

Tyler Lemons, the North Carolina-based federal prosecutor who argued on behalf of the DOJ, downplayed the issue. Lemons said the indictments were identical and that the second one was created as soon as the grand jury proceedings concluded and merely excised the one charge that the grand jury rejected.

Nachmanoff did not make any decisions about the validity of the indictment from the bench and instead ordered more briefing on the matter.

Comey’s lawyer, Michael Dreeben, viewed the document debacle as fatal to the case, saying it appears ‘there is no indictment.’ 

The grand jury dispute was part of a broader hearing centered on Comey’s argument that his charges were a product of Trump’s vindictiveness and that the case should be tossed out entirely because of it. Comey was present in the courtroom while Dreeben argued on his behalf.

Nachmanoff, a Biden appointee, asked Dreeben if Halligan was a ‘puppet’ or a ‘stalking horse’ who was doing Trump’s bidding.

Dreeben responded that he would not use those words but that his team believed Halligan was operating at the direction of Trump, rather than independently. Dreeben said Trump had a years-long vendetta against Comey, who has been a vocal opponent of Trump since the president fired him from the FBI in 2017.

Dreeben argued that a directive Trump posted on social media in September to Attorney General Pam Bondi publicly pressuring her to quickly bring charges against several of Trump’s political nemeses, including Comey, contained ‘tit-for-tat’ messaging that proved the indictment was tainted by vengeance.

Trump had written in the post that he had read that Comey and others were ”all guilty as hell, but nothing is going to be done.”

‘We can’t delay any longer, it’s killing our reputation and credibility. … They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!’ Trump wrote.

Dreeben said the post was ‘effectively an admission that this is a political prosecution.’

Lemons said Trump also told the press he was uninvolved in Comey’s case, but Dreeben said the president ‘can’t just walk back’ his social media post.

Dreeben bolstered his argument by laying out a timeline that showed Halligan, a former insurance lawyer and White House aide, assumed the top prosecutorial role and brought the indictment within four days.

Nachmanoff expressed doubt that Halligan had vetted Comey’s case.

‘What independent evaluation could she have done [in four days]?’ the judge asked.

He also pressed the DOJ on whether any memo existed that had advised against charging Comey, a question that follows the Trump administration ousting Halligan’s predecessor, Erik Siebert, in part because of his reluctance to prosecute the former FBI director.

Lemons struggled to answer the question before concluding that the memo, if it existed, would be a ‘privileged matter’ that he did not have permission to disclose. He said Deputy Attorney General Todd Blanche’s office directed him not to reveal any privileged material.

Meghan Tome contributed to this report.

Hundreds of State Department employees will receive restitution after an internal review under Secretary Marco Rubio found they were denied promotions during the Biden administration for not meeting new diversity, equity and inclusion standards.

In addition to removing the diversity, equity, inclusion and accessibility (DEIA) precept from the State Department’s promotion process, officials said roughly 295 employees who were marked down for not showing they would ‘seek diversity in staff’ will now receive pay increases, administrative promotions and letters of commendation.

‘The Trump administration is providing restitution to State Department employees who were adversely impacted by the previous administration’s ideological agenda,’ a State Department official said.

The department conducted an internal review of 7,319 employees who competed for promotion in 2024. Those employees were judged on five precepts: communication, leadership, management, knowledge and DEIA. Under President Donald Trump, the DEIA precept was replaced with a new criterion: ‘fidelity,’ Fox News Digital previously reported.

Promotion board members were instructed to low-rank employees who exhibited a ‘lack of sensitivity to the importance of diversity, equity, inclusion, and accessibility (DEIA),’ according to a State Department official.

The DEIA promotion precept was damaging to those who displayed ‘little indication of seeking diversity in staff,’ the official claimed.

‘The Biden administration imposed ideological litmus tests on civil servants, penalizing competent and deserving government employees in the process,’ principal deputy spokesperson Tommy Pigott said.

‘Under President Donald Trump and Secretary of State Marco Rubio, the State Department rewards excellence, which is the right thing to do for our workforce, for our country, and for the American people.’

The Trump administration’s restitution plan marks a broader rollback of DEI-based policies across federal agencies, part of Trump’s pledge to restore merit-based advancement in government service.

The State Department’s previous hiring guide for 2022–2025 required foreign service employees to ‘demonstrate impact in diversity, equity, inclusion and accessibility,’ according to the internal documents.

Entry-level applicants were expected to proactively seek to ‘improve one’s own self-awareness with respect to promoting inclusivity.’ Mid- and senior-level supervisors were told to recruit and retain diverse teams, respond immediately to noninclusive workplace behaviors and ‘consult with impacted staff before finalizing decisions.

On his first day in office in 2021, President Joe Biden signed an executive order directing federal agencies to pursue policies that advance ‘equity.’ 

‘Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our Government,’ he stated. 

‘It is therefore the policy of my Administration that the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.’ 

Fox News Digital reached out to Biden’s office for comment and has not yet received a reply. 

Rep. Nancy Mace, R-S.C., is planning to force a vote on censuring a fellow House Republican on Wednesday night.

Two sources told Fox News Digital that Mace will introduce a censure resolution against Rep. Cory Mills, R-Fla., after accusing him of stolen valor on X on Tuesday night.

Mace is planning to introduce the censure as a privileged resolution, Fox News Digital is told, meaning House GOP leaders will have two legislative days — by the end of session on Friday — to hold a chamber-wide vote on the measure.

Her resolution is likely to come up during the House’s only vote series of the day on Wednesday, which is scheduled for the 8 p.m. hour.

House Democrats had threatened to pursue a retaliatory censure against Mills Tuesday evening in response to Republicans trying to censure Del. Stacey Plaskett, D-V.I., the Virgin Islands’ nonvoting representative in the House, over her ties to Jeffrey Epstein.

The Plaskett censure failed after three House Republicans voted ‘no’ and three more voted ‘present,’ however, along with every Democrat rejecting the measure. Democrats did not appear to pursue the censure against Mills after that.

Mace had accused Mills of participating in a ‘backroom deal’ at the time to avoid a censure, adding, ‘I have the General who ‘recommended’ him for the Bronze Star on record saying he never wrote it, never read it and never personally signed it.’

Mills’ office told Fox News Digital there was never a deal, however, and had expected his censure to move forward on Tuesday night. He also voted in favor of censuring Plaskett.

The main motivation behind Mace’s censure resolution is not yet clear. But Mace sent a letter to Speaker Mike Johnson, R-La., on Wednesday accusing Mills of ‘credible accusations he misrepresented his military service’ and ‘credible accusations of having committed crimes against women.’

Mills has previously denied wrongdoing in reports of both sets of allegations.

Fox News Digital reached out to Mills’ spokesperson for comment on Mace’s plans.

A prominent global research center has released a comprehensive report on what it says is a multi-generational campaign by the Muslim Brotherhood to ‘transform Western society from within’ and covertly infiltrate the United States. 

The 200-page report, released by the Institute for the Study of Global Antisemitism and Policy on Wednesday, draws from internal Brotherhood documents, such as the ‘1982 Project’ and ‘1991 Explanatory Memorandum’ and makes the case that Western freedoms have been systematically leveraged to advance Islamist ideological goals as the group continues its five-decade plan to embed itself in the United States.

The Muslim Brotherhood, an Islamist organization founded in Egypt, has gained access to government agencies, been involved in advising American civil rights policy, infiltrated educational institutions, and created a vast social media footprint, the report states.

According to the report, The Muslim Brotherhood allegedly targeted U.S. government agencies for infiltration, including the State Department, Department of Homeland Security, and Department of Justice, through career appointments and advisory roles.

The report dives deep into alleged terror ties within the group along with various funding sources from places like Qatar while making the case that both al-Qaeda and the Brotherhood ‘share the strategic aim’ of establishing an Islamic state government by sharia and differing only in tactics where the Brotherhood’s ‘gradualism allows it to maintain ideological continuity with militant jihad while avoiding direct confrontation.’

The report calls on the United States to designate the Muslim Brotherhood as a terrorist organization.

‘We are now fifty years into the Brotherhood’s 100-year plan to entrench themselves into key institutions in the United States and other western societies to undermine and destroy our democracy,’ Dr. Charles Asher Small, founding director of ISGAP and co-author of the report, told Fox News Digital. 

‘This is not simply a political movement but a transnational ideological project that adapts itself to Western systems while working to undermine them. The Brotherhood has learned to use the very freedoms of democracy as tools to erode it from within, exploiting the tolerance and openness of liberal societies as strategic vulnerabilities. This report lays out how, and what must now be done to defend our democracy. Designation as a terror organization is essential to safeguard our freedom and way of life and we must deal with the entryist damage that has already been done.’

Earlier this week, Texas Gov. Greg Abbott, a Republican, designated the Council on American-Islamic Relations (CAIR) and the Muslim Brotherhood as foreign terrorist and transnational criminal organizations Tuesday, preventing both groups from obtaining land in the Lone Star state.

Abbott said in a statement that he made the move as ‘The Muslim Brotherhood and CAIR have long made their goals clear: to forcibly impose Sharia law and establish Islam’s ‘mastership of the world.’’

‘The actions taken by the Muslim Brotherhood and CAIR to support terrorism across the globe and subvert our laws through violence, intimidation, and harassment are unacceptable. Today, I designated the Muslim Brotherhood and CAIR as foreign terrorist organizations and transnational criminal organizations,’ Abbott added. ‘These radical extremists are not welcome in our state and are now prohibited from acquiring any real property interest in Texas.’

In a statement to Fox News Digital at the time, CAIR, who is mentioned multiple times in the ISGAP report, said the group ‘consistently condemned all forms of unjust violence, including hate crimes, ethnic cleansing, genocide and terrorism.’

The ISGAP report names multiple elected politicians as potentially advancing the Muslim Brotherhood’s goals within the government.

‘The election and re-election of congresswomen such as Ilhan Omar (D-MN) and Rashida Tlaib (D-MI), who have openly defended positions aligned with Brotherhood perspectives on Israel, counterterrorism, and international relations, demonstrates the intersection of identity politics and Brotherhood narratives,’ the report states. ‘While neither congresswoman has a documented formal affiliation with the Muslim Brotherhood, both have appeared at events organized by Brotherhood-aligned organizations, have received campaign support from Brotherhood-aligned donors, and have consistently advocated positions aligned with Brotherhood objectives.’

In a press release, ISGAP warns that the ‘Brotherhood’s networks are not self-sustaining; they are nourished by a state that exports its worldview through funding, education, and media influence’ and that the United States ‘must act now, with clarity and courage, to protect both its values and its Muslim citizens from this ideological hijacking.’

In terms of next steps, ISGAP says that a terror designation is a positive step but not enough and is working on a joint declaration from dozens of scholars and policymakers calling on Congress to act on the findings of the report.

‘As someone who has studied and witnessed the Brotherhood’s operations firsthand, I can say with confidence that this is not a theoretical threat,’ Dalia Ziada, ISGAP Washington Coordinator, Research Fellow, and co-author of the report, told Fox News Digital.

 Fox News Digital’s Greg Norman contributed to this report

U.S. Environmental Protection Agency Administrator Lee Zeldin clapped back after Rep. Jasmine Crockett, D-Texas, said he had taken money from someone named Jeffrey Epstein.

The congresswoman dropped Zeldin’s name while listing figures and entities she said had taken money from ‘somebody’ by the name of Jeffrey Epstein. Noting that she had her ‘team dig in very quickly,’ she rattled off the following list: ‘Mitt Romney, the NRCC, Lee Zeldin, George Bush, WinRed, McCain-Palin, Rick Lazio.’

Zeldin fired back in a post to X, noting that the donation to one of his former campaigns had nothing to do with the notorious late convicted sex offender Jeffrey Epstein.

‘Yes, Crockett, a physician named Dr. Jeffrey Epstein (who is a totally different person than the other Jeffrey Epstein) donated to a prior campaign of mine,’ Zeldin wrote, reposting another person’s post that featured footage of Crockett’s comments.

Zeldin then exclaimed in all caps, ‘NO [clap emoji] FREAKIN [clap emoji] RELATION [clap emoji] YOU [clap emoji] GENIUS!!!’

Fox News Digital reached out to Crockett’s office for comment.

Zeldin, a Republican, lost the 2022 New York gubernatorial contest to Democratic Gov. Kathy Hochul. He served in the U.S. House of Representatives from early 2015 through early 2023, and he had previously served in the New York state Senate.

President Donald Trump has previously called Crockett ‘a very low-IQ person.’

Ro Khanna, D-Calif., is a man in a rush. On Tuesday, he was at the center of the vote to release the Epstein files, and when I saw him, on the way to his office in the Cannon building, he asked if I could walk and talk, as he had a few stops to make. 

‘Sure thing,’ I said, and we were off.

I wasn’t there for Epstein. I wanted to know about the future of his Democratic Party. So I started by asking if he and it have moved the goal of the social safety net from hand up to handout.

‘That’s not my vision,’ Khanna said. ‘My vision is an FDR-like vision where we need to have wealth generation across this country. We need production and manufacturing and making things across America.’

He pointed out that Roosevelt did not only have handouts, he also helped industrialize America.

I pressed him on his call for $10-a-day childcare for all Americans. Isn’t this, along with his Medicare for all policy, a free giant payout from the state? Again he pivoted to FDR.

‘It’s the New Deal,’ he said. ‘I believe in an economic bill of rights, in national healthcare. That’s what FDR believed in: universal childcare. Under FDR, we had war nurseries, do you know why?’

I could have guessed, but it was because somebody had to watch Rosie the Riveter’s kids as she built planes and tanks.

FDR and the New Deal really do seem to be at the heart of Khanna’s economic vision, and while conservatives, especially the old guard, tend to hate the New Deal, they’d likely take FDR over Karl Marx, who seems to be the inspiration for others in his party these days.

By the time I shifted my questions to immigration, we had reached an elevator, the only one the congressman took in our 25 minute traipse. ‘The stairs are faster,’ he told me.

This was a chance to bring the road, where I live, to the halls of power in D.C., where I’ll only go as a reluctant tourist.

‘People say to me all the time, ‘Democrats let 20 million illegal immigrants in with little to no process, now they say every one of them has to go through due process.’ What do you say to them?’

For emphasis, I added that if you give 20 million people each a one-hour hearing, the total time it would take is over 2,000 years.

Khanna launched into something of a filibuster, telling stories of his own immigrant parents, how his mother stressed learning English and learning our nation’s history and values. And, that he had won the lottery and, as an American, should focus on his responsibilities more than his rights.

The congressman was ducking the question, but it was notable that this pride in and gratitude to America stands in opposition to the rhetoric of his party’s ascendant socialist wing.

At this point, Khanna had to duck into a meeting. He motioned to me to join, but a polite guard informed us my Adidas Gazelles and white sweater were not proper attire. In my defense, it’s a nice sweater.

When he came out, I took another shot at the question of the 20 million illegal immigrants.

‘You’re asking about the millions already here. I believe that if you committed a crime, a violent crime, then there needs to be a deportation after due process. But for many people who are here, giving childcare and working in hospitality, or construction and paying taxes, I do believe there needs to be a path to legalization.’

And there it was. They get to stay.

As the elevator door opened to the crowded, bright white subterranean pathways we had already come through, I told Khanna, ‘Here’s exactly the people on the road will say to that: ‘If Democrats let 20 million in last time, why won’t they do it again if given power?”

It seemed to land.

‘That’s a very good point, that’s a very good question, because we don’t want to lose elections,’ Khanna said, suggesting the open border was to blame for recent GOP gains.

Two takeaways here, one is that Khanna and the Democrats think the vast majority of the 20 million Biden illegals get to stay. The other is that they may plan to run, at least nominally, in favor of Trump’s border security measures.

As we made our circuitous route back to his office, I asked the congressman about Israel. He agreed that even 10 years ago, his party was far friendlier towards the Jewish state.

‘What changed?’ I asked.

He didn’t miss a beat, ‘Netanyahu.’ Khanna had initially supported Bibi’s efforts to hit Hamas after the massacre of Oct. 7, but after several months, felt they were going too far.

If there is a silver lining for Zionists, it is that, unlike New York City Mayor-elect and Socialist wunderkind Zohran Mamdani, Khanna does support the right for Israel to exist as a Jewish State.

We both agreed that if President Donald Trump’s peace effort holds, the Israel question may soon fade to the background.

Finally, back in Khanna’s office for a few minutes, I asked him about Sen. John Fetterman, D-Pa., who has argued fervently that his party is moving too far left.

‘I like John,’ Khanna said. ‘Maybe I shouldn’t say it. We have drinks, but I’m a progressive Democrat, so we have disagreements.’

It was that moment when I realized that this was the third or fourth time Khanna had referred to himself as a ‘progressive Democrat,’ and for the very first time, this phrase I’d known for decades had a new meaning. It meant, ‘not socialist.’

This is an incredibly important distinction and will be the major skirmish line for the soul of the party. ‘Progressive Democrat,’ until about 10 minutes ago, meant those farthest to the left. It included Sen. Bernie Sanders, I-Vt., and Rep. Alexandria Ocasio Cortez, D-N.Y. and her squad. Now it is beginning to mean, ‘a bit to the right of the socialists.’

As the midterms approach, this jockeying in what was once the party of Jefferson and Jackson will grow more intense. A lean and hungry Ro Khanna is racing to be at the forefront of the fight.