Fox News 2024-02-09 12:03:32


No charges for Biden despite investigators finding classified docs across his home, garages

Special Counsel Robert Hur will not recommend criminal charges against President Biden for mishandling classified documents, according to his report after a months-long investigation into the president’s alleged improper retention of classified records. 

Hur has been investigating Biden’s improper retention of classified records since last year. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated “sensitive intelligence sources and methods.” 

“We conclude that no criminal charges are warranted in this matter,” the report states. “We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president.”

READ SPECIAL COUNSEL ROBERT HUR’S FULL REPORT ON BIDEN CLASSIFIED DOCS: PART 1 AND PART 2

The special counsel also described Biden as “a sympathetic, well-meaning, elderly man with a poor memory.” 

“We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory,” Hur wrote in the report. “Based on our direct interactions with and observations of him, he is someone from whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him—by then a former president well into his eighties—of a serious felony that requires a mental state of willfulness.”

LIVE: SPECIAL COUNSEL RELEASES REPORT ON BIDEN CLASSIFIED DOCUMENT PROBE

But Hur said his investigation “uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen.”

The materials included “marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods.” 

Hur said FBI agents recovered the materials from “the garages, offices, and basement den in Mr. Biden’s Wilmington, Delaware home.” 

But Hur said that the evidence “does not establish Mr. Biden’s guilt beyond a reasonable doubt.” :

“Prosecution of Mr. Biden is also unwarranted based on our consideration of the aggravating and mitigating factors set forth in the Department of Justice’s Principles of Federal Prosecution,” the report states. “For these reasons, we decline prosecution of Mr. Biden.”

GARLAND SAYS SPECIAL COUNSEL PROBING BIDEN CLASSIFIED RECORDS HAS SUBMITTED REPORT, UNDER WHITE HOUSE REVIEW

The White House was given the opportunity to review the report for privilege after Hur initially submitted his report on Feb. 5, and did not seek any redaction to the report. The report was transmitted to Congress Thursday afternoon. 

Damning photos were included in the report — photos that the Biden campaign reportedly feared could have a negative impact on his 2024 re-election bid. 

Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.

BIDEN CAMP REPORTEDLY FEARS PHOTOS FROM SPECIAL COUNSEL CLASSIFIED DOCS PROBE COULD DEVASTATE REELECTION BID

A second stash of classified documents was also found inside the garage of the president’s home in Wilmington in December, but revealed to the public earlier this month, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel.

Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home Friday, seizing additional classified records.

Biden has defended the storing of classified documents in the past.

“By the way, my Corvette is in a locked garage, so it’s not like they’re sitting out on the street,” he once said.

In a statement after Special Counsel released the report, Biden said he was “pleased to see they reached the conclusion I believed all along they would reach – that there would be no charges brought in this case and the matter is now closed.”

“This was an exhaustive investigation going back more than 40 years, even into the 1970s when I was a young Senator. I cooperated completely, threw up no roadblocks, and sought no delays. In fact, I was so determined to give the Special Counsel what they needed that I went forward with five hours of in-person interviews over two days on October 8th and 9th of last year, even though Israel had just been attacked on October 7th and I was in the middle of handling an international crisis. I just believed that’s what I owed the American people so they could know no charges would be brought and the matter closed,” Biden’s statement continued.

“Over my career in public service, I have always worked to protect America’s security. I take these issues seriously and no one has ever questioned that,” he added.

But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.

When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.

BIDEN INTERVIEWED BY SPECIAL COUNSEL ABOUT CLASSIFIED DOCUMENTS

Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.

Trump pleaded not guilty to all 37 felony charges out of Smith’s probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation – an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20, 2024. 

Biden’s aides told Axios earlier this week that they are fearful former President Trump’s campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the president’s classified records case, versus the handling of the Trump probe.

“Against the backdrop of former President Trump’s indictment on charges of willful and deliberate retention of classified documents, the Biden team’s drip, drip, drip of information made the discoveries seem even worse,” he wrote in an op-ed.

Before Hur’s findings were released, reports suggested the Biden campaign was concerned about potentially embarrassing photos included in Hur’s expected report that could be released as soon as this week.

The campaign was concerned that the images would show how Biden stored classified materials. The classified documents were carried over from Biden’s time as former President Obama’s vice president.

Hur interviewed Biden at the White House – an interview that lasted two days. The White House said the president’s interview with Hur was “voluntary.”

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Last year, House Oversight Committee Chairman James Comer, who is co-leading the impeachment inquiry against President Biden, began investigating whether the sensitive, classified documents Biden retained involved specific countries or individuals that had financial dealings with Biden family members or their related companies. 

Comer questioned why Biden would have kept certain classified materials and asked Hur to provide his committee with a list of the countries named in any documents with classification markings recovered from Penn Biden Center, Biden’s residence, including the garage, in Wilmington, Delaware, or elsewhere; and a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer’s request. 

First lawmaker calls on Biden’s Cabinet to remove him from office after ‘alarming’ report

EXCLUSIVE: Republican Rep. Claudia Tenney is calling for the Cabinet to “explore” the use of the Constitution’s 25th Amendment to remove President Biden from office, following Special Counsel Robert Hur’s “alarming” report.

Hur did not recommend criminal charges against the president for mishandling classified documents. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated “sensitive intelligence sources and methods.” 

BIDEN SAYS HIS MEMORY IS ‘FINE,’ HE IS ‘MOST QUALIFIED PERSON IN THIS COUNTRY’ TO BE PRESIDENT

Hur, though, described Biden as a “sympathetic, well-meaning, elderly man with a poor memory.” Hur, throughout the more than 300-page report, said “it would be difficult to convince a jury that they should convict him” of a serious felony “that requires a mental state of willfulness,” and said he would be “well into his eighties.”

Fox News Digital obtained a letter Tenney, R-N.Y., sent to Attorney General Garland Thursday night, sharing her “grave concerns” following the report.

“After concluding that President Biden knowingly and willfully removed, mishandled, and disclosed classified documents repeatedly over a period of decades, Mr. Hur nevertheless recommended that charges not be brought against him,” Tenney wrote. “Special Counsel’s reasoning was alarming.”

Tenney added: “He recited numerous instances in which President Biden exhibited dramatically compromised mental faculties and concluded that a jury would be likely to perceive President Biden as a sympathetic and forgetful old man.”

Tenney said she “need not tell you that selective prosecution is morally, ethically, and legally prohibited.”

BIDEN ‘DID NOT REMEMBER WHEN HE WAS VICE PRESIDENT,’ WHEN HIS SON BEAU DIED, DURING SPECIAL COUNSEL INTERVIEWS

“We don’t prosecute or decline to prosecute people based on their personalities, or on the public’s anticipated perception of them,” Tenney wrote. “If Special Counsel finds that the evidence forms a reasonable basis to bring charges, he must do so.”

Tenney said the DOJ “cannot ethically bring charges against former President Trump because he has mental acuity and a forceful personality, and decline to bring charges against President Biden because of his cognitive decline.”

Tenney said Biden “needs to be charged, unless he is not mentally competent to stand trial.”

“Candidly, Special Counsel’s report makes a reasonable case that he is not,” Tenney said. 

“Being unable to remember what position he held, and when, is exceptionally concerning. Being unable to remember when one’s child died – even within a time frame of several years – is perhaps more a more damning reflection of his mental impairment.”

Tenney went on to say that Biden “most seemingly lacks the ability to execute his presidential responsibilities.”

“So it is incumbent upon you to explore proceedings to remove the President pursuant to the 25th Amendment to the United States Constitution,” Tenney wrote. “President Biden needs to be charged, or he needs to be removed.”

She added: “There is no middle ground.”

SPECIAL COUNSEL CALLS BIDEN ‘SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,’ BRINGS NO CHARGES

The 25th Amendment can be invoked by the Cabinet if the president becomes disabled to such a degree that he cannot fulfill his responsibilities.

Biden, on Thursday night, though, addressed the nation saying his memory is “fine” and defended his re-election campaign, saying he is the “most qualified person in this country to be president.”

“I’m well-meaning, and I’m an elderly man and I know what the hell I’m doing,” Biden said. “I’ve been president. I put this country back on its feet. I don’t need his recommendation.”

Biden added: “My memory is fine.”

During his address, Biden also fired back at Special Counsel Robert Hur for suggesting he did not remember when his son Beau died.

“How dare he raise that?” Biden said. “Frankly, when I was asked a question, I thought to myself, what’s that any of your damn business?”

“Let me tell you something…I swear, since the day he died, every single day…I wear the rosary he got from Our Lady—” Biden stopped, seemingly forgetting where the rosary was from.

Biden became visibly emotional, and declared: “I don’t need anyone—I don’t need anyone to remind me when he passed away or passed away.” 

Moments later, though, Biden transitioned to discuss the conflict in the Middle East. Biden referred to Abdel Fattah El-Sisi, the president of Egypt, as “the president of Mexico.”

TRUMP DEMANDS DOJ ‘IMMEDIATELY’ DROP CHARGES AGAINST HIM IN CLASSIFIED DOCS CASE AFTER BIDEN DECISION

But the president took a barrage of questions from the White House press corps, with some shouting and pressing him on whether he is fit to run for re-election. 

“I’m the most qualified person in this country to be President of the United States,” Biden said, adding that he has to “finish the job I started.” 

Meanwhile, Hur, in the report, said Biden, during his interview with the special counsel’s team, could not remember key details, such as when he was vice president. 

“In his interview with our office, Mr. Biden’s memory was worse,” the report states. “He did not remember when he was vice president, forgetting on the first day of the interview when his term ended (‘if it was 2013 — when did I stop being Vice President?’), and forgetting on the second day of the interview when his term began (‘in 2009, am I still Vice President?’).”

NO CHARGES FOR BIDEN AFTER SPECIAL COUNSEL PROBE INTO IMPROPER HANDLING OF CLASSIFIED DOCUMENTS

“He did not remember, even within several years, when his son Beau died,” the report continued. “And his memory appeared hazy when describing the Afghanistan debate that was once so important to him. Among other things, he mistakenly said he ‘had a real difference’ of opinion with General Karl Eikenberry, when, in fact, Eikenberry was an ally whom Mr. Biden cited approvingly in his Thanksgiving memo to President Obama.”

“In a case where the government must prove that Mr. Biden knew he had possession of the classified Afghanistan documents after the vice presidency and chose to keep those documents, knowing he was violating the law, we expect that at trial, his attorneys would emphasize these limitations in his recall,” the report said.

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As for Biden’s memory, prior to the release of the report, White House press secretary Karine Jean-Pierre on Thursday defended Biden when asked about a gaffe in which the president said he spoke in 2021 with German Chancellor Helmut Kohl — who actually died four years earlier — arguing that misspeaking “happens to all of us, and it is common.” 

That gaffe was similar to the one Biden made on Sunday when he claimed he spoke with François Mitterrand, a French president who died in 1996, at the same G7 meeting.

Trump overwhelmingly wins Nevada with 99% of total vote — above 90% in every county

LAS VEGAS – It was never in doubt, and now it’s official.

Former President Donald Trump easily won Nevada’s Republican presidential caucus, according to a projection from the Associated Press.

The call on Thursday night came quickly after caucus precincts from across the Silver State began reporting results.

The former president, who’s the commanding front-runner for the 2024 nomination as he bids a third straight time for the White House, was the only major candidate on the ballot in a caucus run by a closely aligned Nevada GOP. 

As ballots continued to be counted late into Thursday night, Trump was winning over 99% of the vote in a contest that didn’t include Nikki Haley, his last remaining major rival for the nomination. And he grabbed all 26 delegates to this summer’s nominating convention that were at stake in the caucus.

“It was tremendous turnout,” Trump told supporters at a caucus victory celebration at the Treasure Island Resort and Casino in Las Vegas. “The enthusiasm of the turnout…I don’t think we’ve seen anything like it before.”

HALEY CHARGES NEVADA GOP CAUCUS ‘RIGGED’ FOR TRUMP

Standing next to Trump at his victory celebration was North Dakota Gov. Doug Burgum, who ended his own White House bid a couple of months ago. 

Burgum, who’s considered a potential candidate for running mate, told the crowd that “this primary is over. President Trump has won.”

Trump’s win in Nevada came hours after he grabbed roughly three-quarters of the vote for a landslide victory in a presidential caucus run by the U.S. Virgin Islands GOP.

The former president also came up a winner on Tuesday, in Nevada’s state-run Republican presidential primary, even though he wasn’t on the ballot.

Trump’s absence from the primary ballot wasn’t enough to provide a path to victory for Haley. The former two-term South Carolina governor who later served as U.N. ambassador in the Trump administration lost on Tuesday to a “none of these candidates” option by a more than two-to-one margin in a primary where no GOP convention delegates were at stake.

Voters casting ballots in the primary couldn’t write in Trump’s name, but they could vote for “none of these candidates.” And Trump supporters Fox News interviewed outside of polling stations said that is how they voted.

The confusion over having two competing contests dates to 2021, when Democrats, who at the time controlled both Nevada’s governor’s office and the legislature, passed a law changing the presidential nominating contest from long-held caucuses to a state-run primary. 

WHAT NIKKI HALEY TOLD FOX DIGITAL ABOUT WHAT SHE NEEDS TO DO TO KEEP RUNNING

The Nevada GOP objected, but last year their legal bid to stop the primary from going forward was rejected. In a twist, the judge in the case allowed the state Republicans to hold their own caucuses. No delegates will be at stake in the Republican primary, while all 26 will be up for grabs in the GOP caucus.

The state GOP ruled that candidates who put their name on the state-run primary ballot could not take part in the caucuses. 

Haley and some of the other now-departed Republican presidential candidates viewed the Nevada GOP as too loyal to Trump and decided to skip a caucus they believed was tipped in favor of the former president.

Nevada GOP chair Michael McDonald and both of the state’s members of the Republican National Committee are supporting Trump.

HALEY, TRUMP, TRADE SHOTS OVER WHO’S STRONGER AGAINST BIDEN

Haley on Wednesday charged that “Nevada – it’s such a scam. They were supposed to have a primary. Trump rigged it so the GOP chairman – who’s been indicted – would go and create a caucus.”

“We knew that it was rigged from the start,” Haley argued in separate interviews with Fox News Digital and with FOX 11 Los Angeles while campaigning in southern California.

McDonald, responding, claimed that Haley “is not a real serious candidate.”

“The fact of the matter is she didn’t show up. She did not campaign in Nevada and neither did ‘none of the above’ and ‘none of the above’ won,” the Nevada GOP chair told Fox News Digital.

While the GOP presidential candidates had to choose either the caucus or primary ballot, registered Republicans in Nevada can vote in both contests.

Trump’s campaign worked to get the message out to supporters in Nevada that if they want to vote for the former president, they need to show up at the caucuses.

HALEY APPLIES FOR SECRET SERVICE PROTECTION ON THE CAMPAIGN TRAIL

“Your primary vote doesn’t mean anything. It’s your caucus vote,” Trump said at a rally in Las Vegas late last month. “So in your state, you have both the primary and you have a caucus. Don’t worry about the primary, just do the caucus thing.”

Republican Gov. Joe Lombardo, who is supporting Trump, told the Nevada Independent last month that he would vote for “none of these candidates” in the primary, and would caucus for Trump in the state GOP’s contest.

While her name was on the ballot, Haley ignored the Nevada primary.

Haley didn’t campaign in Nevada ahead of the primary and hasn’t been in the state since speaking in late October at the Republican Jewish Coalition’s annual leadership conference.

“We knew months ago that we weren’t going to spend a day or a dollar in Nevada, because it wasn’t worth it. And so we didn’t even count Nevada. That wasn’t anything we were looking at,” Haley emphasized on Wednesday.

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As the vote count continued on Tuesday night, the former president took to his Truth Social network to take aim at Haley.

“A bad night for Nikki Haley. Losing by almost 30 points in Nevada to “None of These Candidates.” Watch, she’ll soon claim Victory!” he argued.

Haley, looking ahead, reiterated that “our focus is on South Carolina, Michigan, Super Tuesday.”

South Carolina’s next up in the GOP presidential nominating calendar, with a primary on Feb. 24. Michigan holds its primary three days after the South Carolina. Fifteen states, including the behemoths of California and Texas, hold contests a week later, on Super Tuesday.

Haley’s two campaign stops on Wednesday in California were her first to date in any of the Super Tuesday states. And the swing to the Golden State appears in part to be a marker for Haley as she pushes back against calls by some Republicans to drop out of the race and give up her uphill climb for the nomination. 

The trip also included a series of fundraisers. And as Fox News Digital first reported on Wednesday, Haley hauled in $1.7 million in fundraising during her two days in California.

This week’s contests are just an appetizer for Nevada, which as a key general election battleground state will see plenty of campaign traffic this summer and autumn.

And the Democratic National Committee spotlighted Trump’s 2016 and 2020 general election losses in Nevada.

“Nobody knows how to lose Nevada like Donald Trump – his back to back losses in 2016 and 2020 made him the first Republican in decades to lose the state twice,” DNC rapid response director Alex Floyd pointed out in a statement.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Former Secret Service agent shares how Taylor Swift affects Super Bowl security

The Super Bowl is going to be blanketed with security, and Taylor Swift’s likely appearance is heightening some protocols.

The Super Bowl gets a SEAR rating (Special Event Assessment Rating) of one every year. The ratings range from one through five, with one requiring the most security. An event beyond that would be considered a National Special Security Event (NSSE).

And only one Super Bowl has reached that status. It was the 2002 Super Bowl, just five months after 9/11.

This year’s Super Bowl isn’t reaching NSSE levels despite the star power in Las Vegas, but Homeland Security and other law enforcement do have to plan extra for Swift.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

Swift will likely be in attendance for the game since she is dating Kansas City Chiefs tight end Travis Kelce, and extra measures will have to be taken, former Secret Service agent Jim Morgan said.

Morgan worked in the Secret Service 24 years before founding Concentric Advisors, a risk management firm that provides security services and intelligence solutions.

An expert in security for several NSSE’s, including six of President Obama’s inauguration balls in 2009, Morgan says Swift’s anticipated attendance will add several wrinkles.

However, it’s not simply because of her status as an A-list celebrity. Instead, her relationship with Travis Kelce is making security do extra planning.

“She, more than any other VIP, will likely move through this event space, from the suite, to the field, to the locker room. She may even want to talk to Usher. There’s really a logistical challenge for her team and for the event to move in and out through these different secure areas,” Morgan told Fox News Digital in a recent interview.

Security also needs to plan specifically for Swift because her plans will likely change based on the result of the game.

If the Chiefs win, Swift will likely celebrate on the field as she did after the AFC title game, potentially in the locker room and elsewhere. If the Chiefs lose, Swift can go right home.

“There’s also an element that fans will likely not exit when the game is over because they’ll want to see if she goes onto the field,” Morgan said. “Those are the unknowns, and that’s the challenge for the teams to plan. What that looks like whether her boyfriend wins or loses and where she ends up after the game.”

Security will be heightened no matter what. Morgan says fans will notice an increase in security because of the game’s magnitude, not necessarily because of Swift’s attendance.

And security doesn’t start or end with just the game.

“It’s not just the Super Bowl. Locals and state are involved in other venues that are hosting parties for the Super Bowl and events surrounding the teams. The SEAR 1 event isn’t just the Super Bowl itself, but some of the events surrounding the Super Bowl,” says Morgan.

The SEAR 1 classification itself brings in extra measures, as well, even for the regulars.

LAS VEGAS STRIP CLUB OFFERING TRAVIS KELCE, TAYLOR SWIFT $1 MILLION PRIVATE PACKAGE IF CHIEFS WIN SUPER BOWL

“One of the things that happens at an event like this that doesn’t happen at any regular game is credentialing,” said Morgan. “Logistics and credentialing tend to be the most challenging aspects of a large event, and credentialing is mandatory at a SEAR 1 event. Everyone from vendors to VIP, they all have to have certain credentials, which restricts access to certain areas. And that’s where the challenge comes for the VIPs and the talent when you’re having to move them around in and out of these different secure areas.”

Obviously, Swift won’t be the only big-time celebrity at the game, so it’s all hands on deck for plenty of others. Keep in mind the entire rosters, coaching staffs and team employees to go along with the dozens of celebrities. Morgan says private planes are already being rerouted to other airports because of the amount of VIPs that could be present.

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“They need to know how to get in from the outer perimeter, what credentials we need, where we drop off, where we stage our vehicle, what the path is to a suite, what elevators we use, how many people we can actually take inside. There’s a lot of things that go into the coordination for VIPs,” Morgan said.

The Super Bowl between the Chiefs and San Francisco 49ers kicks off Sunday at 6:30 p.m. ET.

Follow Fox News Digital’s sports coverage on X and subscribe to the Fox News Sports Huddle newsletter.

Hawaii’s highest court rules Second Amendment rights do not extend to citizens in state

Hawaii’s highest court on Wednesday ruled that Second Amendment rights as interpreted by the U.S. Supreme Court do not extend to Hawaii citizens, citing the “spirit of Aloha.”

In the ruling, which was penned by Hawaii Supreme Court Justice Todd Eddins, the court determined that states “retain the authority to require” individuals to hold proper permits before carrying firearms in public. The decision also concluded that the Hawaii Constitution broadly “does not afford a right to carry firearms in public places for self defense,” further pointing to the “spirit of Aloha” and even quoting HBO’s TV drama “The Wire.”

“Article I, section 17 of the Hawaii Constitution mirrors the Second Amendment to the United States Constitution,” the Hawaii Supreme Court decision states. “We read those words differently than the current United States Supreme Court. We hold that in Hawaii there is no state constitutional right to carry a firearm in public.”

“The spirit of Aloha clashes with a federally-mandated lifestyle that lets citizens walk around with deadly weapons during day-to-day activities,” it adds. “The history of the Hawaiian Islands does not include a society where armed people move about the community to possibly combat the deadly aims of others.”

ATF WHISTLEBLOWERS SOUND ALARM ON BIDEN ADMIN PROPOSAL THAT EFFECTIVELY BANS PRIVATE GUN SALES: REPORT

The court’s opinion further says the state government’s policies curbing certain gun-carry rights have “preserved peace and tranquility in Hawaii.”

“A free-wheeling right to carry guns in public degrades other constitutional rights,” it concludes. “The right to life, liberty, and the pursuit of happiness, encompasses a right to freely and safely move in peace and tranquility.”

NRA TORCHES BIDEN ADMIN FOR PLAN TO CHANGE RULES FOR GUN BUYERS, SELLERS

In addition, the Hawaii Supreme Court notes a quote from HBO’s “The Wire,” that “the thing about the old days, they the old days.” The court’s opinion states that it “makes no sense” for contemporary society to pledge allegiance to “the founding era’s culture, realities, laws, and understanding of the Constitution.”

The case dates to December 2017, when Hawaii citizen Christopher Wilson was arrested and charged with improperly holding a firearm and ammunition in West Maui. The firearm Wilson was arrested carrying was unregistered in Hawaii, and he never obtained or applied for a permit to own the gun. He told police officers that the firearm was purchased in 2013 in Florida.

Wilson argued in court that the charges brought against him violated the Second Amendment. But, according to The Reload, the Hawaii high court explicitly rejected the U.S. Supreme Court’s interpretation of the Second Amendment in 2008’s District of Columbia v. Heller and 2022’s New York State Rifle and Pistol Association v. Bruen, which both held that there is a constitutionally protected right to carry firearms.

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“This is a landmark decision that affirms the constitutionality of crucial gun-safety legislation,” Democratic Hawaii Attorney General Anne Lopez said Wednesday. “Gun violence is a serious problem, and commonsense tools like licensing and registration have an important role to play in addressing that problem.”

“More broadly, Justice Eddins’ thoughtful and scholarly opinion for the court provides an important reminder about the crucial role that state courts play in our federal system,” Lopez added. “We congratulate our friends and partners at the Department of the Prosecuting Attorney for the County of Maui for their work on this important case.”

Police nab masked thief caught on video stealing 50 iPhones from Apple Store

A California man was arrested on Wednesday night in connection with a theft from an Apple Store in Berkeley, in which he is allegedly seen on video snatching display devices before walking past a police vehicle and walking to a getaway car.

Emeryville Police Department detectives arrested 22-year-old Tyler Mims of Berkeley for his involvement in the theft, and charged him with burglary, grand theft and other crimes.

On Monday, officers with the department were dispatched to the scene after a caller reported the crime and said the suspect fled with 50 iPhones, with a total value of $49,230.

A masked man, later alleged to be Mims, was wearing all black clothing and seen in the video going from table to table at about 10:30 a.m. on Feb. 5, 2024, ripping phones from their display and placing them into his pockets.

MASKED CALIFORNIA THIEF CAUGHT ON VIDEO BRAZENLY TAKING DOZENS OF IPHONES FROM APPLE STORE

During the nearly 45-second video, the thief takes dozens of phones, which cost hundreds of dollars each. Witnesses stood by and watched, and the person recording the video followed closely behind the individual as he exited the store and brushed against a police cruise before getting into a black Hyundai.

The video made the rounds on social media the next day.

Since Jan. 19, the department has responded to four grand thefts from the Apple Store in town.

After the first incident, detectives began working with nearby agencies with similar thefts, identifying the thefts as organized retail crimes.

WISCONSIN MAN ARRESTED FOR ALLEGEDLY STEALING OVER $90K IN CALCULATORS FROM TARGET STORES ACROSS THE US

The department announced Thursday that on Wednesday night, a joint collaboration between its detectives and the Berkeley Police Department and California Highway Patrol resulted in three arrests associated with a theft at the Apple Store in Berkeley that happened earlier that morning.

Mims was one of the individuals arrested, police said, and was the person depicted in the video from the Emeryville Apple Store.

FORMER APPLE CEO COMPARES THIS ‘EXTRAORDINARY’ NEW PRODUCT TO THE INVENTION OF THE IPHONE

Mims was booked into jail and charged with three counts each of conspiracy to commit a crime, burglary, grand theft and organized retail theft.

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The video garnered more than 10 million views on TikTok and X, in total, as of Thursday morning.

According to the E’Ville Eye, the Apple Store in the video was closed for several months last year but reopened in January.

FOX Business’ Lawrence Richard contributed to this report.

‘Armed and dangerous’ felon at large after allegedly killing deputy, injuring another

A manhunt is underway in Tennessee after a sheriff’s deputy was killed and another was injured during a traffic stop Thursday, according to Blount County Sheriff James Berrong.

During a news conference early Friday morning, the sheriff’s office identified the deputy killed as Greg McCowan. It was also revealed that a female deputy was shot in the leg and transported to a local hospital.

Authorities are actively searching for Kenneth Wayne DeHart, 42, in connection with the deadly traffic stop in Maryville Thursday night. Berrong said warrants have been issued for first-degree murder, attempted first-degree murder and felon in possession of a firearm.

Details surrounding the traffic stop, which took place in the 4900 block of Sevierville Road, and what led to the deadly shooting were not immediately available.

LOS ANGELES POLICE OFFICER SHOT, KILLED IN SUSPECTED ‘AMBUSH ATTACK’

A Blue Alert has been issued in Tennessee for DeHart, who was last seen in the Wildwood area east of Maryville. He was driving a silver Lexus, but is now believed to be on foot and is considered to be “armed and dangerous.”

He is described as a Black man with black hair and brown eyes who stands at 6-feet tall and weighs 260 pounds. The Blount County Sheriff’s Office said he currently has dreadlocks.

TEXAS SWAT OFFICER, BARRICADED GUNMAN KILLED IN SHOOTOUT DURING HOSTAGE SITUATION; 2 CAPTIVES FOUND DEAD

The Tennessee Bureau of Investigation (TBI) is assisting local law enforcement in the search for DeHart and the investigation. 

He was added to the state’s Most Wanted list Friday morning and the TBI is offering a reward of up to $2,500 for information leading to his arrest.

The Blount County mayor is also offering a $10,000 reward for information leading to his arrest, according to Berrong. 

Tips on DeHart’s whereabouts can be left with the BCSO at 865-981-7125 or the TBI at 1-800-TBI-FIND.

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Berrong shared through tearful eyes Friday morning that he has spoken to McCowan’s family and apologized for “not protecting him.”

“We’re going to get this man off the streets of east Tennessee and put him behind bars,” Berrong promised.

Biden confuses presidents of Mexico and Egypt moments after defending ‘fine’ memory

President Biden drew immediate online reaction after once again confusing the names of foreign political leaders, this time while trying to emphasize his mental fitness.

The president gave a brief address to the nation from the White House Thursday night where he took a barrage of questions from reporters regarding concerns over his age and memory stemming from Special Counsel Robert Hur’s report on Biden’s handling of classified documents. Shortly after insisting that his memory was “fine,” Biden proceeded to refer to Egyptian President Abdel Fatah El-Sisi as the “president of Mexico.”

“As you know, initially, the president of Mexico Sisi [sic] did not want to open up the gate to allow humanitarian material to get in [to Gaza]. I talked to him. I convinced him to open the gate,” the president said.

The irony of this mix-up coming right after Biden defended his memory struck many social media users.

CONSERVATIVES RIP BIDEN AFTER CLASSIFIED DOCS PROBE DOESN’T CHARGE HIM, CITING ‘POOR MEMORY’: ’25TH AMENDMENT’

“He got the president of Mexico to open the gate for refugees from Gaza? Dear God. Whoever thought this was a good idea should be fired,” America First Policy Institute communications officer Marc Lotter wrote.

New Yorker staff writer Susan Glasser exclaimed, “Yeesh. ‘President of Mexico’ Sisi. Bad for Biden in an appearance meant to dispel concerns about his age. What a year this day has been.”

“So Sisi is the president of Mexico,” New York Post columnist John Podhertz joked.

North Carolina Rep. Dan Bishop summarized, “If this speech was meant to assuage voters’ concerns about his age and mental state, it failed miserably. It was hard to watch.”

“Yeah, he really nailed the bit when he called el-Sisi the president of Mexico,” Washington Free Beacon investigative reporter Chuck Ross said in response to New York magazine’s Jonathan Chait saying, “That is a pretty effective performance by Biden.”

“This is the danger of a live press conference denying problems with mental acuity. Pres. Biden just referred to the Egyptian President Abdel Fatah El-Sisi as the president of Mexico,” RealClearPolitics correspondent Susan Crabtree explained.

Conservative commentator Viva Frei wrote, “It seems @POTUS thinks he’s been negotiating with the President of Mexico to allow aid in to Gaza. What a way to show Putin and the world that he is not a demented and incompetent old man.”

“Disaster presser for Joe Biden just now. He said his memory is fine then confused the leaders of Mexico and Egypt. He’s lost it. This is hard to watch. Legit 25th amendment time. Not sure he can make it 11 more months to finish his term,” Outkick founder Clay Travis declared.

BIDEN CLASSIFIED DOCS REPORT BRINGS NO CRIMINAL CHARGES, BUT ENOUGH TO INVOKE 25TH AMENDMENT: CRITICS

When reached for a comment, White House deputy press secretary Andrew Bates referred Fox News Digital to a post from The Atlantic staff writer Yair Rosenberg.

“Biden has gaffed names his entire career. In 2008, he introduced his running mate as ‘the next president of the United States, Barack America.’ He was clearly talking about Egypt, named Sisi, and laid out his policy and the broader issues in detail. Twitter just isn’t interested,” Rosenberg wrote, along with a video of House Speaker Mike Johnson mixing up Israel and Iran on Sunday.

The address came just hours after Special Counsel Robert Hur released his report, which did not recommend criminal charges against the president for mishandling classified documents. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated “sensitive intelligence sources and methods.”

Hur, though, described Biden as a “sympathetic, well-meaning, elderly man with a poor memory.” Hur, throughout the more than 300-page report, said “it would be difficult to convince a jury that they should convict him” of a serious felony “that requires a mental state of willfulness,” and said Biden would be “well into his eighties” by then.

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The gaffe was also the third time this week that Biden had publicly confused the names of world leaders. On Sunday, he claimed to have met with François Mitterrand, a French president who died in 1996, at his first Group of Seven (G7) meeting in 2021. On Wednesday, Biden recalled speaking with the late German Chancellor Helmut Kohl, despite Kohl dying in 2017, at that same G7 meeting.

Fox News’ Brooke Singman contributed to this report.

Lawyer urges relatives of dead Chiefs fans to let investigation proceed with ‘dignity’

“Angry, speculative” theories espoused by family members of three Kansas City Chiefs fans found dead in their friend’s snowy backyard have compromised the “dignity” of the investigation into their deaths, according to an attorney representing Clayton McGeeney’s mother and fiancée. 

McGeeney, Ricky Johnson and David Harrington were found dead on their friend Jordan Willis’ property Jan. 9, two days after they watched the Chiefs play the Los Angeles Chargers at the home.

Although Tony Kagay said drugs were detected in the men’s systems, according to preliminary toxicology results shared with their loved ones by police, he could not confirm which drugs were detected. 

Although the Kansas City Police Department was quick to announce that their deaths were “100 percent not being investigated as homicides,” relatives of Johnson and Harrington have suggested that party host Willis played an active role in their deaths

KANSAS CITY CHIEFS FANS FOUND DEAD IN FRIEND’S BACKYARD: WHAT TO KNOW

Meanwhile, McGeeney’s cousin, Caleb McGeeney, told NewsNation that Willis, an HIV scientist who went to Park Hill South High School, “is the chemist.”

“They all knew him as that,” he said, according to NewsNation. “It was easy for them to go have fun, but he f—ed up. He made a mistake.”

KANSAS CITY CHIEFS FANS DEATHS: DRUGS IN MEN’S SYSTEMS SHOW ‘THERE’S MORE TO THE STORY,’ FAMILY SAYS

Kagay represents Clayton McGeeney’s mother, Nancy Bossert, and his fiancee, April Mahoney, who discovered one of the men’s bodies after breaking into Willis’ house out of worry and desperation. Kagay said Wednesday “whipping people up into a frenzy isn’t in [his client’s] interests.” 

In an earlier interview, Kagay said it would be “very hard to explain” how Willis could “not realize what happened to his friends” when they were “frozen in his backyard for two days.” However, he said, it is important to “let professionals do their work” and this time should be about “finding out what happened.”

“I think it would be fair to say some of the more vocal members of Clayton’s family may not have Clayton’s best interests at heart,” Kagay said about interviews other McGeeney relatives have given the press. 

“Some of the families who have come out as aggressive or hostile with law enforcement, I think that was premature,” Kagay said.

“Nancy would prefer the kinds of angry, speculating statements that are coming from some of the family members, if those wouldn’t happen, so the investigation could proceed in a dignified manner,” he continued. “Let’s wait to find out what the police say happened and what the prosecutor chooses to do with that.”

PRELIMINARY TOXICOLOGY RESULTS BACK FOR KANSAS CITY CHIEFS FANS FOUND FROZEN TO DEATH

However, Kagay could sympathize with those striving for answers amid a minefield of unanswered questions surrounding the case.

“A lot of these TikTok sleuths and people on the internet, people are getting all worked up thinking, ‘This is b——-, there’s no way [Willis] didn’t know these guys were around,” he said. “There are still a lot of unanswered questions and understandable skepticism as far as an explanation for how this happened.”

Kagay said there has also been “disappointment” over the way the Kansas City Police Department immediately ruled out foul play in statements to the press about the men’s deaths.

“I don’t think they were in a position to say that. Clearly there is an ongoing investigation,” Kagay said. “I just don’t know how they made that determination, and I don’t know that was helpful to say … when you say there was no sign of foul play, there was no gunshot, no stab wound. But it doesn’t mean that there wasn’t something that occurred was illegal. … I don’t know that was handled in the ideal manner.

“I’m not saying that anybody did anything intentional,” Kagay said. “[But] I don’t think that it would be required for there to be criminal liability.”

PARENTS OF KANSAS CITY CHIEFS FANS FOUND DEAD THINK VICTIMS ‘SAW SOMETHING THEY SHOULDN’T HAVE SEEN’

He also said that some of the department’s communications have been “a bit inartful.” 

“I don’t think they did anything wrong, but the situation would be clearer if they had communicated better,” Kagay said. 

However, his clients are “supportive” of the KCPD.

“When we get to the end of that, maybe they have some criticisms for how things are handled, at the end of the process,” Kagay said. 

When full autopsy and toxicology reports are available and police complete their forensic investigation of electronic devices — at least two of the men’s families have been asked for their son’s phone passwords — the Platte County Prosecutor’s Office will decide whether criminal charges should be filed against Willis or Alex Weamer-Lee, a fifth party guest who left the house alive Jan. 7.

KANSAS CITY CHIEFS FANS DEATHS: ‘HARD TO SEE SCENARIO WHERE SOMETHING UNUSUAL DIDN’T HAPPEN,’ LAWYER SAYS

Last week, representatives from the families of Harrington, Johnson and McGeeney met with the prosecutor’s office. Kagay said “prosecutors wanted the family to know this situation was being investigated thoroughly” and that they would “cooperate with the families in the future.”

“There are still a lot of unanswered questions and understandable skepticism as far as an explanation for how this happened,” Kagay said. “There are attempts being made to resolve those questions.

“A lot of these questions may never be answered in a way that makes people satisfied.”

But McGeeney’s family is patiently awaiting police findings until more information is released, and “their position is that we don’t know if [an investigation was] done appropriately or inappropriately because we don’t know how it was done.”

“There are still a lot of unanswered questions and understandable skepticism as far as an explanation for how this happened.”

— Tony Kagay

KCPD Capt. Jake Becchina, though, told Fox News Digital that he never said the case “wasn’t a homicide.”

“We said it was not being investigated as a homicide,” he said Thursday. “Some media outlets were calling it at the time a ‘homicide investigation,’ so that statement was made to ensure that media outlets categorized it as what it was correctly.

“It was and remains a death investigation. That does not mean that if new or different evidence comes forward that the course of the investigation cannot change.
Investigations change course all the time.”

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“I’m sorry for Mr. Kagay’s disappointment,” he added. “We aim to provide the most factual and transparent information to the public in any investigation. This case is no different.”