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(WASHINGTON) — Former FBI Director James Comey is expected to self-surrender today in the Eastern District of Virginia, sources familiar with the matter told ABC News.

A federal grand jury in North Carolina on Tuesday indicted Comey over a controversial Instagram post from last year that President Donald Trump and members of his administration claimed was a threat against the president.

The new indictment centers on a controversy that erupted nearly a year ago when Comey, in a since-deleted Instagram post, shared a picture showing the numbers “86 47” written in seashells on the beach with the caption “Cool shell formation on my beach walk.” Citing the slang meaning of “86” as to “nix” or “get rid” of something, allies of the president allege that the post was a veiled threat against Trump, who is the 47th president.

As outlined in the short, three-page indictment, Comey faces one charge of threats against the president and successors, and one charge of transmitting a threat in interstate commerce.

Prosecutors in the indictment say the post constitutes a threat that any “reasonable recipient who is familiar with the circumstances would interpret as a serious expression of an intent to do harm to the President of the United States.”

Prosecutors will likely face a high legal bar to prove that the Instagram post constituted a “true threat,” which the Supreme Court in 2023 found required showing an individual understood their message would be perceived as threatening. With the phrase “86 47” increasingly adopted by protesters of the Trump administration, the case could carry sweeping implications for the First Amendment.

Comey was indicted last year on unrelated charges for allegedly lying to Congress and obstruction related to his testimony before the U.S. Senate Judiciary Committee in 2020. Comey’s lawyers moved to dismiss the indictment, arguing the case was politically motivated and that the grand jury never saw the charges in their entirety, and the case was ultimately dismissed over issues with the legitimacy of the prosecutor who brought the case.  

“I know that Donald Trump will probably come after me again, and my attitude is going to be the same,” Comey said in a video posted to social media after the previous indictment was thrown out in November. “I’m innocent. I am not afraid, and I believe in an independent federal judiciary — the gift from our founders that protects us from a would-be tyrant.”

The new indictment comes as the Department of Justice in recent weeks has ramped up investigations of some of Trump’s perceived political foes under Acting Attorney General Todd Blanche, who is heading up the Justice Department following Trump’s ouster of Pam Bondi.

“Nothing has changed with me,” Comey posted online Tuesday in response to the indictment, echoing what he said after the previous indictment was thrown out last year. “I’m still innocent, I’m still not afraid and I still believe in the independent federal judiciary so let’s go.”

“But it’s really important that all of us remember this is not who we are as a country, this is not how the Department of Justice is supposed to be and the good news is we get closer every day to restoring those values,” he added. “Keep the faith.”

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

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(NEW YORK) — Defense Secretary Pete Hegseth heads to Capitol Hill Wednesday for what is formally billed as a routine hearing on the Pentagon’s budget request.

But the appearance — the first before Congress for Hegseth since the war in Iran began in February — lands just two days before a 60-day deadline to wind down hostilities.

It also comes amid intensifying questions on the Hill about how quickly the Pentagon is depleting weapons stockpiles, and as lawmakers continue to scrutinize Hegseth’s unusual spate of firings of senior defense officials without a public explanation.

Questions over civilian casualties in the Iran war, as well as whether the U.S. was properly prepared for retaliatory strikes, and broader questions over the strategic rationale for the conflict, are likely to be a key part of committee members on both sides of the aisle questioning of Hegseth, multiple congressional aides explained. 

This week marks Hegseth’s first return to Capitol Hill in nearly a year — with testimony Wednesday before the House Armed Services Committee and Thursday on the Senate side — and his first exposure to sustained scrutiny since the war with Iran began. He’ll be joined by Gen. Dan Caine, the chairman of the joint chiefs of staff at both hearings. 

While Hegseth has appeared before the press since the conflict began in late February, he has largely limited engagement to reporters viewed as sympathetic to the administration.

At the center of this week’s hearings is the administration’s request for $1.5 trillion in defense spending, the largest amount in the Pentagon’s history and a jump of 50% over current levels, which would mark the largest single-year increase in a generation.

The proposal would triple spending on drones and related technologies to more than $74 billion, while directing over $30 billion toward munitions procurement. But that budget request was developed months ago: not account for spending in the war with Iran.

“The overlap, you’ll see, is the request for munitions, which is something we always need,” Jules Hurst III, acting undersecretary of defense and the Pentagon’s comptroller, told reporters last week. “We always need to increase our magazine depth. But outside of that, there aren’t any operational costs in here from Iran.” Hurst is set to join Hegseth and Caine at the Senate hearing on Thursday.

That means the Pentagon may require additional funding to cover the cost of the vast quantities of munitions being expended as U.S. forces have struck more than 13,000 targets in Iran since February, along with other significant war-related expenses.

Defense experts have long raised concerns about stockpile constraints even before the war with Iran, with some estimates of a potential conflict with China suggesting the United States could exhaust long-range missile inventories within the first few weeks of fighting.

In less than two months of exchanging fire with Iran, the U.S. has used roughly half of certain missiles and other munitions, according to an analysis published last week by the Center for Strategic and International Studies (CSIS).

Retired Col. Mark Cancian, a senior adviser at CSIS and an author of the report, said Operation Epic Fury “does create a window of vulnerability” for a period of as many as four years – the time it would take to replenish stocks.

“The United States has enough munitions to fight this war if it stubs up again,” Cancian said. “But the risk is in a future war with China, where inventory levels are far below where war planners would like them to be.”

Pentagon officials have maintained the U.S. has enough ammo to fight Iran. Though rearming the force with new munitions can take years, with some missiles requiring one to two years to build, reflecting an inherent limit on how many complex munitions the defense industry can produce each year, spurring much of the interest in huge investments in relatively cheap, easier-to-produce drones, which the Pentagon continues to surge into the Middle East. 

Hegseth is also likely to face questions on his unprecedented firing or sidelining of two dozen senior military officials, particularly during a time of war, where he recently fired Gen. Randy George, who was the Army’s top officer and John Phelan, the Navy secretary.

Hegseth has also fired numerous lower-profile generals, without explanation, including Maj. Gen. William Green Jr., who was the chief of the Army Chaplain Corps, a collection of clergy from different faiths within the service. He has also blocked the promotion of four colonels to brigadier general, two of whom are women and two are Black, according to two U.S. officials, who both described a secretary of defense intervening in promotions as unprecedented.

Meanwhile, Democrats have failed in their multiple attempts to rein in President Donald Trump’s authority to wage war in Iran without Capitol Hill’s approval.

The 1973 War Powers Resolution gives the president latitude to conduct military strikes for a 60-day window, which closes Friday. The law allows for a one-time 30-day extension for the president to act without the consent of lawmakers, though it is unclear whether Trump intends to do so or whether Republicans will take into account the ceasefire in a way that relieves any deadline pressure.

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(NEW YORK) — The Supreme Court on Wednesday is considering whether the Trump administration unlawfully ordered hundreds of thousands of immigrants living in the U.S. from Haiti and Syria to return home, abruptly cancelling their legal status out of alleged racial animus and without proper consideration of risks to their safety and the nation’s economy.

The outcome in the pair of cases being argued before the court will directly affect the futures of roughly 350,000 Haitian nationals and about 6,000 Syrians.

The Trump administration contends in court documents that the immigrants were never intended to be permanent residents and that cancellation of their temporary status is “critically important to the national security and public safety of the United States.”

Those immigrants were granted Temporary Protected Status (TPS) under separate government declarations first issued more than a decade ago and later renewed multiple times, most recently by the Biden administration.

TPS status, established by the Immigration and Nationality Act, provides work authorization and protection from deportation – as long as the Homeland Security Secretary certifies that a foreign country is unsafe because of armed conflict, natural disaster, or “extraordinary and temporary conditions.”

Haiti experienced a devastating earthquake in 2010 and has since been hit by subsequent natural disasters, political unrest following a presidential assassination, and waves of rampant gang violence.

Syria devolved into civil war around 2011 and has been considered by the U.S. government a hotbed of terrorism and extremism for nearly two decades. A major earthquake in 2023 plunged the country into a deeper economic and humanitarian crisis.

“There is no functioning healthcare system for the disabled and elderly to return to, no reliable housing infrastructure, no legal framework that can guarantee anyone’s safety,” said Syrian TPS-holder and health care worker Adam, a pseudonym used to protect his identity.

Then-DHS Secretary Kristi Noem, in separate acts last year, moved to terminate TPS status for Haiti and Syria by certifying that, in her estimation, conditions on the ground in those countries were sufficiently safe for immigrants to return.

Those decisions were blocked by lower courts, which concluded that Noem did not follow proper procedures for cancelling TPS and may have also unlawfully discriminated against the immigrants on the basis of race.

The Supreme Court is now reviewing those findings.

“If the government is correct, then they can terminate TPS without conducting any country conditions review at all,” said Ahilan Arulanantham, a UCLA law professor and co-director of the Center for Immigration Law and Policy. “The statute requires, in our view, that there be consultation with the State Department.”

Immigrant advocates and some American business groups, particularly in the healthcare and senior caregiving sectors, say TPS holders play an indispensable role in the nation’s labor force and contribute billions of dollars in tax revenue to state and federal governments.

Immigrants make up 28% of the U.S. long-term care workforce – nearly double their share of the entire labor force, according to the Kaiser Family Foundation.

More than 113,000 Haitian TPS holders work in Florida alone, which is home to a high proportion of America’s seniors, according to the Florida Immigrant Coalition.

“The effects of [DHS’s] hasty TPS terminations are too serious to ignore,” a senior living community and ageing services provider jointly wrote the Court in an amicus brief. “The government has largely failed to address the impact that stripping thousands of caregivers of work authorization will have on elderly and medically vulnerable adults in U.S. communities.”

The Trump administration contends that courts have no authority to second-guess the DHS determinations on whether countries should qualify for TPS or not. They note that Congress, in creating the special status, put a time limit on it of 18-months, subject to extension.

“Congress, in short, prescribed substantive and procedural guardrails to keep TPS designations temporary,” U.S. Solicitor General John Sauer wrote the Court in a brief, “but left further accountability to the political process, not federal courts.”

Sauer also disputed claims that the TPS cancellations rested on racial animus, calling it a “legal and factual nonstarter.”

The cases are the latest high court test of President Trump’s bold assertion of executive authority in his second term. The justices are already preparing to rule on his authority to redefine birthright citizenship, fire members of independent agencies, and remove a member of the Federal Reserve.

The Supreme Court last year handed the Trump administration a temporary win when it allowed them to terminate TPS for 350,000 Venezuelan nationals as litigation continues.

TPS status for Haitians and Syrians remains in place for now, but many immigrant advocates worry that if the Court allows the Trump administration to cancel the status, protections for immigrants of other countries may also end. The Department of Homeland Security has attempted to end protections for at least 11 countries since President Trump took office.

The Court is expected to hand down a decision by the end of June.

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