Judge poised to block limitations on transgender service members
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(WASHINGTON) — A federal judge appears poised to block the Trump administration if the Department of Defense attempts to place limitations on or ban transgender service members.
U.S. District Judge Ana Reyes is still hearing arguments Tuesday in the case but signaled deep skepticism with the claim that transgender service members lessen the military’s lethality or readiness.
“You and I both agree that the greatest fighting force that world history has ever seen is not going to be impacted in any way by less than 1% of the soldiers using a different pronoun than others might want to call them. Would you agree with that?” Judge Reyes asked during a hearing this morning.
“No, Your Honor, I’m not. I can’t agree with that,” a lawyer for the Department of Justice responded.
At issue is Trump’s Jan. 27 executive order that directed the DOD to update its guidance “regarding trans-identifying medical standards for military service and to rescind guidance inconsistent with military readiness.” While the Department of Defense has not issued final guidance on transgender service members, the order led to a pause in gender affirming care for service members and is expected to lead to a significant curtailment of transgender service members based on “readiness and lethality.”
With the DOD policy expected to be finalized over the coming week, Reyes said she would hold off on issuing an order but had largely made up her mind about the legality of the order, at one point remarking that “smarter people on the D.C. Circuit would have to tell me I’m wrong” about the policy. She added that the central premise of the executive order — that only two genders exist — is “not biologically correct.”
Reyes also raised concerns about the wording of the executive order, which she criticized for being intentionally imprecise and a pretext for a ban on transgender soldiers.
“If we had President Trump here right now, and I said to him, ‘Is this a transgender ban?’ What do you think he would say?” Reyes asked.
“I have no idea, Your Honor,” said DOJ attorney Jason Lynch.
“I do. He would say, ‘Of course it is.’ Because he calls it a transgender ban, because all the language in it is indicative,” Reyes said.
The judge — who began the hearing by noting that every service member regardless of their gender ideology “deserves our gratitude” — also spent a portion of the hearing questioning Lynch about the group of transgender soldiers who filed the lawsuit.
“If you were in a foxhole, you wouldn’t care about these individuals’ gender ideology, right? You would just be happy that someone with that experience and that bravery and that honorable service to the country was sitting right next to you. Right?” Reyes asked.
“Don’t want to testify as a witness, Your Honor, or offer my personal views of hypothetical,” Lynch responded before conceding, “If I were in a foxhole, I doubt that the gender identity would be a primary concern.”
Reyes also pushed the lawyer for the Department of Justice — who she later commended for arguing his case well — to admit that the transgender soldiers made the country “safer.”
“Are they honorable, truthful, and disciplined?” Reyes asked. “As far as I know, among them, they have over 60 years of military service.”
“That’s correct,” Lynch said.
“And you would agree that together, the plaintiffs have made America safer?” Reyes asked.
(WASHINGTON) — Lawmakers from both sides of the aisle gave director of national intelligence nominee Tulsi Gabbard more than a half-dozen chances to withdraw her past support of Edward Snowden, the prolific leaker of government secrets, in her confirmation hearing Thursday, but she didn’t take them.
Gabbard has in the past called the former NSA contractor a “brave” whistleblower who uncovered damning civil liberties violations by the intelligence community. As a lawmaker, she introduced legislation supporting a grant of clemency.
On Thursday, she has repeatedly refused to withdraw that characterization of him. And she repeatedly refused to call him a “traitor.”
“This is where the rubber hits the road,” Democratic Sen. Michael Bennet boomed inside the hearing room. “This is not a moment for social media, this is not a moment to propagate conspiracy theories … this is when you need to answer the questions of people whose votes you’re asking for to be confirmed as the chief intelligence officer of this nation.”
“Is Edward Snowden a traitor to the United States of America This is not a hard question to answer when the stakes are this high,” he continued.
Instead, Gabbard repeated a canned response that his acts were illegal and that she disagreed with his methods.
“Edward Snowden broke the law. I do not agree with or support with all of the information and intelligence that he released, nor the way in which he did it,” she said.
But she added he “released information that exposed egregious, illegal and unconstitutional programs.”
Bennet concluded with an impassioned call to vote her down.
“Can’t we do better than …. someone who can’t answer whether Snowden is a traitor five times?” … “I’m questioning her judgment.”
Republican Sen. James Lankford presented her with another opportunity to clarify her position: “Was Edward Snowden a traitor?”
Again, Gabbard equivocated.
She did back off her support of a pardon. In an exchange with GOP Sen. Susan Collins, a key vote on the panel, she said the role of DNI does not have a role in advocating for clemency actions.
“My responsibility would be to ensure the security of our nation’s secrets,” Gabbard said. “And would not take actions to advocate for any actions related to Snowden.”
And moments later, Republican Sen. Todd Young, a potential swing vote in the committee, asked Gabbard, “did [Snowden] betray the trust of the American people?”
“Edward Snowden broke the law,” she said, “and he released this information in a way that he should not have.”
(WASHINGTON) — The House of Representatives on Friday is voting on electing a speaker for the new Congress.
Mike Johnson, a Louisiana Republican who ascended to the leadership post in 2023 after the historic ouster of Kevin McCarthy, has secured President-elect Donald Trump’s support as he seeks reelection.
But Johnson’s handling of the government spending fight just before Christmas angered some of the GOP’s right flank. Depending on attendance, Johnson may only be able to lose just one Republican vote.
Johnson wins speakership on 1st round after last-minute vote changes
Johnson staved off a failure in the first round of voting to win a second term as speaker.
After nearly two hours, Johnson secured the 218 necessary votes.
At first, he appeared on track to lose with three Republicans voting for someone else.
But after leaving the chamber to huddle with defectors, two lawmakers changed their votes to hand him the gavel.
House Republicans stood and gave Johnson a standing ovation as his win was announced.
Two GOP defectors change their vote to Johnson
Reps. Ralph Norman and Keith Self changed their votes to Johnson, which would bring him to the 218 needed to be speaker.
Johnson exits chamber as vote remains open
As lawmakers waited for the final House vote to be called, Johnson was seen huddling with various lawmakers, including Reps. Dusty Johnson, Tim Burchett, and Nancy Mace.
He also was spotted talking with other GOP leaders like House Majority Leader Steve Scalise and House Republican Conference Chair Lisa McClain, who nominated him for speaker.
He ultimately walked out of the chamber before the vote closed.
Johnson appears on track to lose 1st round
With three defections so far, Johnson appears on track to lose this first round of voting.
Rep. Keith Self, a Texas Republican, is the third Republican to vote for another candidate. He cast his ballot for Florida Rep. Byron Donalds.
However, members can still change their votes as the roll call is ongoing.
Another Republican defects from Johnson
South Carolina Rep. Ralph Norman just voted for Ohio Rep. Jim Jordan, the chairman of the House Judiciary Committee.
Norman is the second Republican to vote for someone else besides Johnson.
Rep. Thomas Massie is 1st Republican to not vote for Johnson
As expected, Rep. Thomas Massie of Kentucky did not vote for Johnson.
Instead, Massie cast his ballot for Minnesota Rep. Tom Emmer, who currently serves as the House majority whip.
Several GOP hard-liners withholding vote for now
Rep. Andy Harris of North Carolina, chairman of the House Freedom Caucus, did not respond when his name was called to vote.
He is one of several Republican holdouts who did not reply when called.
Magic number for Johnson is 218
433 members recorded their presence for the quorum call but Rep.-elect Hank Johnson of Georgia, a veteran Democratic lawmaker, has arrived and can now vote for a speaker.
That means 434 members are voting, leaving Johnson with 218-vote threshold to retain the gavel — unless any members vote present. So far, none has.
All 215 Democrats are expected to uniformly support Jeffries for speaker.
1st round of voting begins
The first round of voting has begun. There are 434 members present for this vote.
Pete Aguilar nominates Hakeem Jeffries
House Democratic Caucus Chair Pete Aguilar has nominated Minority Leader Hakeem Jeffries for speaker.
Democrats are expected to support Jeffries throughout the speaker showdown.
Democratic Whip Katherine Clark told ABC News just before the House convened that Democrats would not cross party lines to help bail out Johnson, should he need it.
“Today I rise on behalf of the governing majority of the House of Representatives,” Aguilar said in his speech, a nod to Democrats helping Republicans pass funding bills and avoid shutdowns in the previous Congress.
Lisa McClain nominates Johnson for reelection as speaker
House Republican Conference Chair Lisa McClain rose to give the nominating speech for Johnson after the quorum call.
“On Nov. 5, the American people gave us a great opportunity to get America back on the right track … And ladies and gentleman, today we have the opportunity to do just that,” she said, prompting cheers from GOP members.
She praised Johnson, saying he was given a tough task when he took over for McCarthy in late 2023.
“No speaker is perfect, and no one will ever be, however, achieving perfection requires incremental gains and hard decisions along the way,” she said.
Johnson outlines new commitments ahead of high-stakes vote
Just before voting is set to start, Johnson posted a lengthy statement on X about how he plans to deliver on fiscal responsibility if elected.
He said as speaker, he would commit to creating a working group of independent experts to work with House committees and the “Department of Government Efficiency” — an outside government group to be led by Trump allies Elon Musk and Vivek Ramaswamy.
Those experts, he said, will be tasked with reviewing existing audits of federal agencies and issuing a report to his office that he will make public.
Johnson also pledged to request House committees “undertake aggressive authorizations and appropriations reviews, including providing additional resources where needed, to expose irresponsible or illegal practices and hold agencies/individuals accountable that have weaponized government against the American people.”
Democrats cheer as Nancy Pelosi returns to Capitol after hip surgery
Former House Speaker Nancy Pelosi, who just underwent a hip surgery after falling during a congressional delegation trip abroad, is present for Friday’s vote.
Democrats clapped and cheered when she briefly walked into the chamber.
Pelosi was seen on the House floor without crutches.
In a social media post, Pelosi said she was “proud” to return the Capitol to support Hakeem Jeffries, the House minority leader, for speaker.
Johnson brushes off possibly losing on 1st round
Johnson told ABC News’ Jay O’Brien if he loses on the first ballot, it says “nothing.”
“It’s a part of the process but I expect that we will get it done,” Johnson said before entering the House chamber for the speaker’s vote.
Johnson said he believes he will gain the votes today to win, trying to project confidence while walking with a swarm of reporters.
“We have to get this job done and unify the conference,” Johnson said, adding “And I’m here for the long haul.”
House kicks off opening day of 119th Congress
The House has gaveled in for the official start of the new Congress.
After a call to order and opening prayer, the House will begin an electronic vote to establish a quorum. Attendance is a critical factor for Johnson, who is navigating a historically tight House majority as he seeks another term as speaker.
Speaker vote also a test for Trump
Trump appears to be working the phones ahead of the high-stakes vote.
In an interview with CNN, Trump confirmed he’s been in touch with Republican holdouts.
ABC News previously reported Trump and his team were working to strike a deal with Rep. Chip Roy of Texas, an influential member of the House Freedom Caucus who remains undecided on Johnson.
“Chip Roy will do what’s right for the country,” Trump said during a phone interview with CNN.
What happens if the House can’t elect a speaker
The House can’t conduct any business without a speaker, including swearing in members.
If the chamber can’t come to an agreement before Monday, the certification of Trump’s 2024 election victory could be thrown into chaos.
The House and Senate will convene on Jan. 6 for a joint session of Congress for a finalization of the results of the presidential race, a constitutionally mandated responsibility for lawmakers.
Johnson insists he’s not making deals for the gavel
Despite days of closed-door meetings with Republican holdouts, Johnson insists he’s not cutting any deals to win them over.
“My simple message to my colleagues is make suggestions about process and improvements. We are open to that at all times. But I don’t make deals with anyone,” he said.
“There’s no quid pro quo here,” Johnson added. “I don’t do anything in exchange for a vote other than commit to make this institution work as effectively and efficiently as possible.”
In the previous Congress, McCarthy was forced to meet Republican hardliner demands to be elected speaker after a four-day voting process. One of those demands — a lower threshold to bring a motion to vacate — led to his downfall just seven months later when he was forced out of leadership by a small group of GOP members.
Johnson’s message to GOP: ‘We don’t have time for drama’
Johnson had a simple message for his conference ahead of the vote.
“We don’t have time for drama,” Johnson told reporters.
Johnson said he was speaking with members and urging them to be unified so they can quickly get to work on Trump’s agenda.
“This election is not just about one person. It’s about moving forward with the America First agenda. A mandate was given by the American people — the electorate — President Trump got 77 million votes. The House Republicans got almost 75 million. Thats a record number. They are expecting us to get to work,” Johnson added.
What Johnson is thinking
Johnson expressed confidence in winning the speaker vote as he entered the Capitol on Friday.
Asked by ABC News if he will be successful in the first round, he replied: “I think so.”
But privately, House leadership sources say they’re also preparing for the very real possibility of a bruising floor fight, going multiple rounds of voting.
In 2023, it took McCarthy 15 rounds of voting and several concessions to be elected speaker.
Johnson has been adamant he won’t make any backroom deals to keep his job. And moderate Republicans have been publicly cautioning Johnson against giving too much away to the further-right undecided votes.
-ABC News’ Jay O’Brien
Trump wishes Johnson luck
Trump is doubling down on his support for Johnson, and said a victory for Johnson would be a “big win for the Republican Party.”
“Good luck today for Speaker Mike Johnson, a fine man of great ability, who is very close to having 100% support,” Trump wrote in an early morning post on his social media platform.
“A win for Mike today will be a big win for the Republican Party, and yet another acknowledgment of our 129 year most consequential Presidential Election!! – A BIG AFFIRMATION, INDEED. MAGA!”
How the House speaker vote works
The House will meet at 11:00 a.m. for legislative business and then officially convene for the start of the 119th Congress at 12:00 p.m.
At noon, there will be a quorum call to determine how many members are present and voting. With the GOP’s razor-thin majority in the House, Johnson needs almost every Republican vote to win.
The election for speaker is expected to take place between 12:45 p.m. and 1:00 p.m.
Read more about what will happen on the first day of the new Congress here.
Johnson’s future uncertain as he fights for reelection
Johnson has publicly expressed confidence that he will retain the speaker’s gavel, but spent the final day before the vote on Capitol Hill meeting with Republican holdouts.
Several House Freedom Caucus members were spotted at his office, many leaving the hourslong meeting dodging questions from reporters. The few who did speak said they thought they were making progress but none had committed to voting for Johnson.
Meanwhile, Trump’s team and the president-elect himself were working behind the scenes this week to strike a deal with one GOP hardliner in particular — Rep. Chip Roy of Texas — sources told ABC News.
(WASHINGTON) — As courts block parts of his agenda, President Donald Trump and his allies are ramping up criticism of judges and continuing to question judicial oversight of the executive branch.
While he’s said he would abide by their rulings — but also appeal them — he kept up the effort to undermine the authority of the courts on Wednesday, alleging in a social media post that a “highly political, activist judge” wanted to stop the work of Elon Musk’s Department of Government Efficiency.
Musk’s aggressive and controversial cost-cutting effort has faced several lawsuits, one resulting in his team being temporarily restricted from accessing the Treasury Department’s vast federal payment system containing sensitive information of millions of Americans.
The court action prompted swift rebuke from Musk and Trump’s team. Vice President JD Vance went so far as to suggest judges “aren’t allowed to control the executive’s legitimate power.”
“Maybe we have to look at the judges because I think that’s a very serious violation,” Trump said in the Oval Office on Tuesday afternoon alongside Musk, who defended his team’s work.
White House press secretary Karoline Leavitt continued to blast the courts at Wednesday’s press briefing, claiming “each injunction is an abuse of the rule of law and an attempt to thwart the will of the people.”
“We will comply with the law in the courts, but we will also continue to seek every legal remedy to ultimately overturn these radical injunctions and ensure President Trump’s policies can be enacted,” she said.
The escalating clash between the new administration and the courts has some legal experts sounding the alarm, and is prompting fears of a potential constitutional crisis.
“The entire premise of our constitutional system of limited government of checks and balances and separation of powers involves deference to judicial determinations of what the law says and complying with it. This goes back to the beginning of the republic,” said David Schultz, a constitutional law professor at Hamline University.
Ray Brescia, a professor at Albany Law School, called the theory being pushed by Trump allies that the executive branch should operate free of judicial checks “preposterous.”
“They are velociraptors testing the fence. They’re looking for holes. They’re looking for weaknesses. They’re checking to see where they can push the envelope,” Brescia said of the Trump administration. “I think for now, the system has largely held but we’ll see as these cases get to the appellate courts, and ultimately, many of them are likely to go to the Supreme Court.”
Much of Trump and Musk’s attempt to overhaul the federal government is being met with lawsuits, including the dismantling of USAID and the Consumer Financial Protection Bureau as well as the buyout offer extended to tens of thousands of federal employees.
The key question is how Trump and his officials will respond as the court challenges progress.
In his first term, Trump amended his policies to comply with judicial rulings. One example was what Trump referred to as his “Muslim ban” restricting travel from several countries that have a majority Muslim population, which was rewritten several times before it passed muster with the Supreme Court.
“We thought that administration was so shocking and bending the rules on executive authority and so on, but it turns out to have been nothing compared to this one where it is seriously being discussed and contemplated whether or not the executive branch has a duty to follow the courts,” said Claire Finkelstein, a professor at the University of Pennsylvania Carey Law School.
ABC News Senior Political Correspondent Rachel Scott asked Trump directly on Tuesday: “If a judge does block one of your policies, part of your agenda, will you abide by that ruling? Will you comply?”
“Well, I always abide by the courts and then I’ll have to appeal it. But then what he’s done is he slowed down the momentum,” the president responded.
If that were to ever change, however, it would be uncharted territory in the modern political era with no obvious recourse.
Judges can push back if the administration refuses to comply but their power is limited, experts said. They could hold the administration in contempt, and either impose fines or in extreme cases direct the U.S. Marshals Service to take individuals into custody.
There are complications, though. The U.S. Marshals Service falls under the Justice Department, which is unlikely to go after Trump officials.
“Presidential refusal to comply with court orders undermines the very concept of constitutional order and limited government our country is supposed to respect and if Trump were to refuse to comply, then we have a constitutional problem,” said Schultz.
