Ukraine fires US long-range missiles into Russia, Kremlin says
Moscow says Ukrainian forces have taken advantage of President Biden’s green light and launched 6 U.S.-made ATACMS (Army Tactical Missile Systems) into Russian territory Tuesday.
Russia says it shot down five of the missiles and damaged the sixth. It added that debris landed in the area of a Russian military facility, but that no casualties or damage beyond a small fire. A U.S. official confirmed the overnight strike to Fox News.
The attack came just two days after President Biden approved Ukraine to use American long-range missiles on Russian soil, an escalation that Russian President Putin previously indicated would be an act of war.
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According to a senior U.S. official, Biden’s decision was spurred by the Russian decision to invite 10,000 North Korean soldiers into the fight against Ukraine in Kursk. A second official told Fox that it is unclear if Biden plans to approve the use of the missiles outside the Kursk region.
The White House National Security Council reacted to Putin’s decision to update Russia’s nuclear doctrine on Tuesday as well.
“As we said earlier this month, we were not surprised by Russia’s announcement that it would update its nuclear doctrine; Russia had been signaling its intent to update its doctrine for several weeks. Observing no changes to Russia’s nuclear posture, we have not seen any reason to adjust our own nuclear posture or doctrine in response to Russia’s statements today,” an NSC spokesperson told Fox News Digital.
“This is more of the same irresponsible rhetoric from Russia, which we have seen for the past two years. As we said to Russia weeks ago, Russia’s use of DPRK soldiers in combat operations against Ukraine presents a significant escalation of its war of choice against Ukraine and we warned that the United States would respond,” the statement continued.
The announcement came after Great Britain and France authorized Ukraine to launch SCALP/Storm Shadow missile strikes, according to French outlet Le Figaro.
Putin has previously said that giving Ukraine the green light on missile use would effectively mean that the U.S. and NATO are “in the war.”
“Flight assignments for these missile systems can, in fact, only be entered by military personnel from NATO countries. Ukrainian servicemen cannot do this. And therefore, it is not a question of allowing the Ukrainian regime to strike Russia with these weapons or not. It is a question of making a decision whether NATO countries directly participate in the military conflict or not,” Putin said in September.
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“If this decision is made, it will mean nothing less than the direct participation of NATO countries, the United States, and European countries, in the war in Ukraine,” he added.
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Meanwhile, President-elect Trump’s transition team is expected to soon announce a peace envoy to assist in negotiations between Ukraine and Russia. Trump argued on the campaign trail that he could solve the conflict before entering office.
Katie Couric rips Harris for word salad responses in campaign interviews
Katie Couric took a swipe at Vice President Kamala Harris for her non-answers in various interviews leading up to the presidential election.
On Thursday’s installment of her podcast “Next Question with Katie Couric,” the veteran broadcaster had a lengthy post-election conversation with MSNBC host and longtime Democratic spokeswoman Jen Psaki, who said she thought one of Harris’ “better interviews” was her Fox News sit-down with Bret Baier.
“I always find that people do better when they’re asked really challenging, pointed questions. I always felt that way about Hillary Clinton,” Couric said. “If you are giving them these almost weird, like, amorphous softballs, it’s really hard to kind of hone your message and be succinct and say what you really need to say.”
“I also felt that, and again, I think [Harris] really did well in so many areas, but I was frustrated by her inability to really succinctly answer questions at times, Jen,” Couric continued.
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“Like, if she was asked about changing the Supreme Court at that CNN town hall, she had an opportunity to talk about ethics and what, you know, [Supreme Court Justices Samuel] Alito and Clarence Thomas were doing, and she answered, like, in one sentence, and then went on to something that had nothing to do with the question,” Couric said. “You know, people notice that, and it’s like, ‘Answer the g-dd–n question, please!’”
She then pivoted to Harris’ now-infamous comments on “The View” where she was asked about what she would do differently from President Biden, calling it “one of the most damaging things.”
“Ok, Jen, you’re an insider. Why didn’t Joe Biden say, ‘Listen, I know you’re going to have to separate yourself from this administration. Let’s talk about areas where you can, where they’re legitimate, and God speed,'” Couric wondered. “Because it- I think somebody wrote that it was almost as if they were more afraid of hurting Joe Biden’s feelings than winning the election.”
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Psaki, who served as Biden’s White House press secretary before joining MSNBC, responded by saying it was a “unique and painful summer” for Biden and that there “was a fragility” about him being sidelined by the Democratic Party. She also pointed out that Biden was “beloved” by the party when he stepped aside and that Harris had “navigated the politics of that in a very tricky way.”
“It seems to me, if I were running for president, Jen, I would sit down with my brain trust, and I’d be like, ‘Okay, let’s play out these questions. What am I gonna say?'” Couric said.
“And I would have had a template that I would have carried around with me in every interview, and I would have reviewed them and said, you know, ‘This is what I believe, and this is how I’m going to handle a question like that.’ Now, why didn’t they- it just didn’t seem like that was done. Am I crazy?” she wondered.
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Couric also knocked the vice president for going several weeks without doing any interviews when she first emerged as the Democratic nominee, saying it was “making me crazy as a consumer.”
“What was that?” the former “Today” host asked.
“I don’t know,” Psaki responded before speculating that the Harris campaign was prepping for the debate.
“She should’ve been everywhere,” Couric later added.
White House pins blame for Biden missing family photo at G-20 summit
President Biden was not pictured among other world leaders in the traditional “family photo” at the final Group of 20 summit of his presidency on Monday.
Biden arrived along with Canadian Prime Minister Justin Trudeau after photographers had already finished with the other smiling leaders, who had been positioned on a riser. A senior Biden official said the president did not participate because of “logistical issues.”
“Due to logistical issues, they took the family photo early before all the leaders had arrived. So a number of leaders weren’t actually there when they took the photo,” the official said.
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The official emphasized Biden missed the photo because of bad timing, not because he wanted to avoid taking a picture with some of the U.S.’ top rivals, including Russian foreign minister Sergey Lavrov or Chinese President Xi Jinping.
Biden’s absence left Xi front and center among the rows of leaders poised against blue skies and blue water in Rio de Janeiro.
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Lavrov stood in the back row, less visible.
Biden and Trudeau arrived together at the designated spot for the photo, standing and looking about for a time. Italian Prime Minister Giorgia Meloni also did not join in the group photo, a set piece of such summits.
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Notably, Biden did not arrive via the red carpet ramp used by other world leaders. Instead, he was seen taking a sharp right turn on his way to the gathering, declining to use the ramp which led to the entrance of the building.
The official said the president did not use the ramp “due to security concerns.”
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“Several leaders from high threat — from countries that face high threats did not take the open ramp and instead took a different red carpet route,” the official said.
The G-20 summit is a gathering of leaders from the world’s largest economies, who meet to discuss efforts to combat hunger and poverty. In remarks at the summit Monday, Biden called on those present to increase investments in the World Bank, provide debt relief to struggling countries and end conflicts around the world that have contributed to starvation, including the wars in Ukraine and Gaza.
NFL Hall of Famer reacts to apparent Trump support taking over sports
Pro Football Hall of Famer Brian Urlacher suggested no one is scared anymore to show their support for President-elect Donald Trump and that is what is being seen across the sports world.
Several athletes, especially in the NFL and UFC, have been seen doing Trump’s dance in celebration. It really took off over the weekend at UFC 309 with the president-elect present for the night of fights along with Dana White and some of his Cabinet nominees.
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“People were scared for a while. You don’t want people to talk bad about you, how we’ve been talked about the last four years if you’re a Donald Trump supporter,” Urlacher said on Fox News Channel’s “Jesse Watters Primetime.”
“I think now, no one’s scared anymore. It’s nice to see these guys coming out and everyone who’s a silent Trump supporter – he under polls always. … I think they’re just excited now that he got the job done, and he’s gonna get the job done the next four years.”
Urlacher added he believed that pure excitement about Trump’s return to the White House and his presidency over the next four years has “taken over.”
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The former Chicago Bears star has been an unabashed Trump supporter. He also expressed support for San Francisco 49ers star Nick Bosa when the defensive end drew scrutiny for flashing a Make America Great Again hat during a postgame interview.
He posed for a picture with the then-president in 2021 with his Bears jersey laid out on the resolute desk.
“This was a once in a lifetime experience! Got to hang in the Oval Office with President Trump and my family. He could not have been any nicer or accommodating to all of us. Also thanks to Jeff and Nick for the amazing tour of the WH,” he captioned his Instagram photo.
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Trump also pardoned his brother, Casey Urlacher, before he left office in 2021.
More than 1,300 species are listed as either endangered or threatened in the United States under the federal Endangered Species Act (“ESA”). The 51-year old statute has been administered (and abused) by the United States Fish & Wildlife Service (USFWS), an agency within the Department of the Interior, and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, which is in the Department of Commerce. Two other agencies play enormous roles in the “administration” of the ESA: The U.S. Army Corps of Engineers which is inside of the Pentagon, and the Environmental Protection Agency.
Set aside the complexities of dealing with the Fisheries Service and focus just on the ESA at “work” on land. The ESA prohibits the “taking” of an endangered or threatened species and the Fish and Wildlife Service (“FWS”) has its own law enforcement division that can and does arrest people for violating the ESA. A “taking” is any act that falls within the definition of “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect.” The FWS has declared that “harm” includes “significant habitat modification or degradation.”
The civil penalties for “taking” an endangered species begin at $25,000 per individual of the species “taken,” and a person or company that “knowingly” harms, harasses etc. a listed species is looking at a $50,000 fine and/or a year in jail for every taking.
The ESA and its intersection with the Clean Water Act and the three Cabinet agencies above—Interior, EPA and DOD—provided most of my work in private law practice from 1989 when I left the federal government until I retired from my California firm in 2016 to move back to Virginia. I need some version of
Minnie Minoso’s famous line that “baseball has been very, very good to me” to apply to the ESA because this statute bedeviled almost all of my clients and it took a lawyer like me who knew the statute and federal administrative law to deal with the legion of bureaucrats who administer the law and threaten landowners with dire consequences including arrest and jail if they fall afoul of it or the Clean Water Act. But I’m out of that game now and not going back. I love the law and Constitution, love teaching it, and hate their abuse by unelected, unaccountable bureaucrats.
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But not enough to wade back into what I escaped eight years ago. Think of this column as a memo to the incoming Trump Administration that must jump start a moribund stagflation-ridden economy. Housing is to our economy and new jobs today what car manufacturing was decades ago. The National Association of Home Builders estimates that building 100 single-family homes generates 300 yearlong jobs. I’ve long been told there are four jobs downstream of the actual construction of a house and that makes sense when we think of everything that goes into a house that must be built and maintained. Home-building is the private sector engine of our economy, and among the many hurdles a home builder must climb, the federal government’s are the highest.
This combination of statutes above also works the greatest uncompensated, ongoing “taking” of private property in the country, but that sort of “taking” is ignored when the allegation of the other sort of “taking” (of a listed species) is leveled at a landowner, even though the uncompensated “taking” of private property for a public use is specifically prohibited by the Fifth Amendment to the Constitution.
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Most normal people agree that if the government declares private property to be either “occupied” by an endangered species, or part of the species’ “critical habitat,” so that the landowner cannot use that land without risk of criminal and/or civil liability, that at least a temporary condemnation of that property had occurred.
No court has yet ever ruled that way, however, but I have hope with the originalist majority now in place, that the United States Supreme Court will eventually get there. If the federal government wants a citizen’s land to “protect and recover” an endangered species, the federal government should pay the rental or the purchase price of the property upfront and for as long as the sequestration of the private property continues. There is zero doubt in my mind that the framers of the Fifth Amendment would never have countenanced the operation of the Endangered Species Act as it is presently administered.
My favorite “endangered species” are the California gnatcatcher, the Stephen’s kangaroo rat, and the San Diego fairy shrimp because all three are spread throughout large swathes of Southern California and landowners, large or small, threatened with prison for an illegal taking, kept my phone ringing for 27 years of private practice.
Many of the species on the federal government’s list are not actually “endangered” in any common sense understanding of the term, but they are on the federal list because of extrapolations made by bureaucrats into the distant future of the theoretical amount of habitat the species will need to survive—habitat that is projected in theory to be developed based on habitat actually developed over the past couple of hundred years as people moved to California and built roads, homes, businesses and the United States Marine Corps’ massive Camp Pendleton. These three species are abundant in Southern California, as are their cousin species, many of which are also “endangered,” and thus usually need a lawyer’s touch in the permitting process. It’s a vast scam on the landowners but it goes on and on. A good lawyer can get the permits after a few years of persistent, patient and persuasive pestering, but sometimes even the best lawyers and real biologists cannot move the bureaucrats. The agency staff fear nothing and often do nothing. Slowly.
There are many other species that kept me employed full-time for almost 30 years: the Delhi Sands flower-loving fly, the Desert tortoise, the Pacific pocket mouse and the Tiger salamander, for example. These are all species in California but of course there are “endangered” and “threatened” species everywhere in the states and I’ve worked on obtaining permits to “take” them with permission of the feds from states all over the U.S. It is an absurd system that has strayed far from the statute’s original aims. Now it works to crush property rights and delay or destroy all varieties of uses of land, but especially housing and commercial development. And it does so to private property without any compensation.
More than 20 years ago, then D.C. Circuit Court Judge John Roberts dissented from one of my client’s appeal to the federal courts to curb the outrageous application of the ESA to private property. The species in question so long ago was the Arroyo toad, and its alleged presence was stopping my client from proceeding with an approved land use on its property. Judge Roberts wrote in his dissent at the time: “The panel’s approach in this case leads to the result that regulating the taking of a hapless toad that, for reasons of its own, lives its entire life in California constitutes regulating ‘Commerce … among the several States.’”
Indeed the majority in that case did hold just that, and thereafter I counseled clients it was a fool’s game to challenge the application of the ESA to their property in the courts but to instead dive into the maze of Section 404 permits (issued by the Army Corps of Engineers for impacts to “navigable waters”) “Section 7 consultations” or “Section 10(a) permits” issued by the Fish & Wildlife Service as well as the “elevation” process that the EPA could deploy at its will over the original 404 permitting decision, and to persevere for the years and years the process takes. (A ridiculously expensive and lengthy process that ends in a permit and not going to jail is preferable to a righteous and expensive lawsuit that ends up before the wrong panel of federal judges.)
You wouldn’t believe it if I described this crazy law and regulations in detail—not even one such process, much less the hundreds of permitting processes that go on (and on and on and on) every year in the States. It’s an absurd and wasteful process, and it’s also an outrageous assault on the property rights guaranteed any landowner in the United States by the Fifth Amendment. “The process” does go on and on, unchallenged because of court decisions such as the one from which the now Chief Justice dissented from and the desire on the part of landowners to pay massive ransoms for absurd schemes worked out over many years of meetings rather than face jail or the alternative of no use of their property at all.
The endangered species scam—and it is a scam, full of fake science and fake studies and fake experts competing with the real versions of each—needs to be blown up and rebuilt, and when Secretaries Doug Burgum and Pete Hegseth and Administrator Lee Zeldin are confirmed to their jobs at Interior, Defense and EPA respectively, they can fix this tangle of bureaucracies in a day or two of focused briefings, followed by clear, specific directions to approve or deny every application for a consultation or a permit within 30 days, and to prepare within 90 days a nationwide Section 10a permit for all species not specifically exempted (there are some genuinely endangered species) and make it available to every landowner as the rule and not the exception, and make it a simple money contribution to the Service for use in acquiring land it wants for the purpose of species protection.
Sounds simple? It is. I’m out of the game but there are some superb colleagues who could lay this out for the new secretaries and the administrator and their senior staff. It ought not to be complicated. It shouldn’t be ponderous and expensive. It shouldn’t require lawyers billing at hourly rates that would make your eyes roll back in your head.
Property rights undergird our prosperity and have been forgotten for at least half a century, in an accelerating amnesia among the federal courts that dates to the 1926 Supreme Court case of Village of Euclid v. Ambler Realty Co. which was rotten law then and remains rotten law today.
The absurdity is that most landowners would gladly pay —a lot— to proceed quickly with their projects. They are used to exactions from state and local governments for roads, schools, parks and fire stations etc. All such costs get passed on to the home buyer of course, but first you have to get the home, commercial building or infrastructure built before you can pass on the costs.
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Unlike local government with its zoning plans and permitting rules, the federal bureaucrats have zero interest in economic prosperity for the country or increasing housing stock, but they do have an obsessive attachment to their own species. A particular species invests particular “biologists” in the bureaucracy with enormous power and particular “biologists” in the private sector with a huge payday for studies and monitoring. None of it is necessary. Not much of the elaborate mouse-trap actually works to preserve species. Again, it is a scam. It’s always been a scam. But it’s a legal scam that ignores the Constitution.
There is an elegant, simple solution to the national issue of endangered species policy. (And, sigh, many states have their own versions of the federal law and their own legions of bureaucrats).
But the bureaucrats at FWS, EPA and the Corps of Engineers won’t want such elegant simplicity. They don’t care about property rights. The “citizen standing” provisions of the ESA has enriched many “environmental groups” over the years. The bureaucrats would oppose any such solution and “the groups” will scream and sue when and if it proceeds.
But if the United States is going to boom again, if houses and apartments are going to be built at a rate that will actually provide the only solution to the housing shortage which is more housing units, Team Trump will have to spend three or four days hammering this out and directing the permanent bureaucracy to get it done or get out.
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Newsom announces decision on Menendez brothers getting out of prison
California Gov. Gavin Newsom has reached a decision on a pair of clemency requests for Erik and Joseph “Lyle” Menendez, the two Beverly Hills brothers serving life without parole for the murder of their parents in 1989.
He will hold off until the newly elected Los Angeles District Attorney Nathan Hochman has time to review the case, respecting the will of the voters who sent the far left progressive George Gascon packing on Election Day, he said.
“The Governor respects the role of the District Attorney in ensuring justice is served and recognizes that voters have entrusted District Attorney-elect Hochman to carry out this responsibility,” Newsom’s office said in a statement. “The Governor will defer to the DA-elect’s review and analysis of the Menendez case prior to making any clemency decisions.”
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Hochman, a former federal prosecutor and assistant U.S. attorney general during the President George W. Bush years, previously told Fox News Digital he would not reach a decision of his own until he becomes “thoroughly familiar” with all aspects of the case.
“I will have to review the confidential prison files for each brother, the transcripts from both trials, and speak to the prosecutors, law enforcement, defense counsel, and the victims’ family members,” he said shortly after his Election Day victory. “Only then can I make a decision. If, for some reason, I need additional time, I will ask the court for that time.”
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The Menendez brothers’ resentencing hearing, requested by Gascon just days before he lost his re-election bid, is scheduled for Dec. 11.
“Once I take office on December 3, I look forward to putting in the hard work to thoroughly review the facts and law of the Menendez case, including reviewing the confidential prison files, the transcripts of the two trials, and the voluminous exhibits as well as speaking with the prosecutors, defense attorneys and victim family members,” Hochman said Tuesday.
“This is the same type of rigorous analysis I have done throughout my 34-year career in criminal justice as a prosecutor and defense counsel, and the same type of thorough review that I will give to all cases regardless of media attention.”
The brothers have been held on sentences of life without the possibility of parole since 1996, after their second trial in the shotgun murders of their parents, Jose and Mary “Kitty” Menendez, who they ambushed in their living room. The first ended in a mistrial a few years earlier.
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They said they killed their dad in self-defense, believing he would have killed them after they warned him they would expose him as a child sex abuser. Their mom was sitting next to him, eating ice cream and watching TV when they started shooting from behind.
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Two dozen relatives have publicly supported the brothers’ freedom, including Kitty’s sister, Joan Andersen VanderMolen, 92. However, her brother, Milton Andersen, 90, remains vehemently opposed to clemency and says he does not believe the abuse allegations against Jose.
Hochman could continue where Gascon left off and seek the resentencing, ask the judge to withdraw the prior administration’s resentencing request or file additional briefs to give the judge more material to work with as the court considers the matter.
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Gascon, after explaining to reporters the process would go through multiple layers of review, from the judge to the parole board and ultimately to Newsom, days later asked the governor to skip all of those steps and immediately grant clemency to the brothers.
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If Hochman’s office continues down the resentencing road, Newsom still has the final say. If the brothers’ sentences are reduced to something that would make them eligible for parole, the governor has veto power over parole board decisions. He could also issue clemency or a pardon on his own.
A separate habeas corpus petition is also making its way through the court, which would be an additional path to freedom if successful. Their petition is based on newly emerged evidence in support of their allegations of child abuse against their father – a corroborating letter of unconfirmed origin and the word of Roy Rosello, a former Menudo member who said he too had been abused by Jose Menendez as a child.
Their lawyer’s goal of having them home for Thanksgiving looks unlikely.
Liberal co-host responds to backlash for meeting with Trump amid ‘ratings tank’
MSNBC’s Joe Scarborough reacted to social media criticism on Tuesday of his meeting with President-elect Donald Trump and said there was a “massive disconnect” between social media and real life.
“Yesterday, I saw for the first time what a massive disconnect there was between social media and the real world because we were flooded with phone calls from people all day, literally around the world, all very positive, very supportive, ‘I understand what you did,’ etc,” Scarborough said.
Scarborough, along with his wife and co-host Mika Brzezinski, revealed on Monday that they met with Trump at Mar-a-Lago on Friday.
“But once in a while I would get a text or call from someone going, ‘Oh, man, I hope you’re doing okay,'” Scarborough added on Tuesday, referring to criticism the pair received on social media.
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“All of us will do the best we can do, and we’re all working towards a better America,” Scarborough said.
Brzezinksi added, “Take it day by day, people.”
Brzezinksi explained on Monday that the hosts wanted to re-open communications with the president-elect, despite being some of his biggest critics in the media.
“Joe and I realized it’s time to do something different, and that starts with not only talking about Donald Trump, but also talking with him,” she said.
“Don’t be mistaken,” Scarborough added. “We’re not here to defend or normalize Donald Trump. We’re here to report on him and to hopefully provide you insights that are going to better equip all of us in understanding these deeply unsettling times.”
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Co-hosts of “The View,” Ana Navarro and Sunny Hostin, were critical of the meeting on Monday, as Hostin suggested the pair were not true journalists.
“I think there’s a lot of people who are probably looking at what Joe and Mika did and find it opportunistic. There are people who change their stripes, or maybe their spots, I should say, today, depending on who is in power and what benefits them. I don’t know that that’s what they are doing, and to me, it’s a to-be-determined situation, because right now, it’s the transition,” Navarro said.
“We don’t know what he’s going to do as president. We don’t know what they’re going to do if he commits abuses of power as president. So, you know, everybody has to live with their decision. Everybody has to look at themselves in the mirror. I’m good,” she added.
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Hostin said it wasn’t necessary in her view to go and “kiss his ring” to be able to properly cover Trump.
“I don’t think you need to sit down for 90 minutes at Mar-a-Lago and kiss his ring to be able to speak truth and to be able to cover a story,” she said. “So maybe they’re not journalists in the true sense. Maybe they’re saying that they’re opinion journalists, but we have to remember that Trump is the guy who ushered in the era of fake news.”