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DOJ says Jack Smith’s delay in Trump case is no reason to do the same for Jan. 6 defendants

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Special counsel Jack Smith’s decision to pause his prosecution of President-elect Donald Trump is no reason to do the same for members of the mob that attacked the Capitol on Jan. 6, 2021, the Justice Department argued Monday.

Several Jan. 6 defendants have used Smith’s call for a three-week breather — quickly endorsed by U.S. District Judge Tanya Chutkan — as proof that all criminal cases connected to the Jan. 6 attack deserve a similar slowdown.

“To deny this motion, in the face of the Justice Department’s official position [in the Trump case], would run contrary to the interests of justice and likely subject the defendant to criminal convictions for no purpose other than expediency,” argued William Shipley, an attorney for Jan. 6 defendant Stephen Baker, who was set to begin a trial in his case Tuesday.

Prosecutors responded Monday, saying Trump’s case was unique and not indicative of the government’s position in other Jan. 6 cases.

“There is a public interest in the prompt and efficient administration of justice. The government and the Court have endeavored to deliver that interest,” Assistant U.S Attorney Isia Jasiewicz wrote in a response to Baker’s request.

“The defendant’s citation to Special Counsel Jack Smith’s motion to vacate a briefing schedule in the matter of United States v. Trump … is inapposite,” she wrote. “That motion refers to the ‘unprecedented circumstance’ of a criminal defendant being ‘expected to be certified as President-elect on January 6, 2025, and inaugurated on January 20, 2025.’ The need to ‘determine the appropriate course going forward consistent with Department of Justice policy,’ is not similarly implicated in this case, where the defendant is a private citizen.”

A slew of Jan. 6 defendants have begun to try to delay their cases as they wait to see if Trump follows through on his broad promise to pardon them.

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Congress

Matt Gaetz withdraws from consideration for Trump’s AG

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Matt Gaetz announced Thursday he is withdrawing his name from consideration as President-elect Donald Trump’s pick as attorney general, noting in a social media post that his nomination had become a distraction.

Gaetz held multiple meetings with GOP senators over the past couple of days as he sought to game out his chances of getting confirmed. Even senators who supported him had expressed doubts that he could get confirmed, given he could only lose three Republican votes.

“It is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1,” Gaetz wrote on X.

Gaetz was seen as Trump’s most controversial pick. Almost immediately after Trump announced Gaetz would lead the Department of Justice, the campaign and senators were peppered with questions about his alleged sexual misconduct and drug use — accusations Gaetz has denied.

Multiple senators appeared relieved that Gaetz withdrew immediately after the announcement.

“I think what I just read was that he felt this was going to be a major distraction, and so good on him to recognize that and be self aware,” said Sen. Cynthia Lummis (R-Wyo.).

And some senators said they wanted to see a long-awaited House Ethics Committee report that detailed some of those allegations. The panel had punted on a decision to release it, but even House Republicans had voiced support for at least sharing the investigative findings with senators as they considered Gaetz for attorney general.

Ursula Perano contributed to this report.

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Anthony Foxx says safety regs shouldn’t be feared in making way for innovation

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We’re chatting with former Cabinet members, chiefs of staff and government leaders from now to Jan. 20 to get a sense of what the incoming administration might face as it takes the reins.

Today we’re talking to Anthony Foxx, who served as Transportation secretary during the Obama administration and before that was mayor of Charlotte, North Carolina. These days, he’s thinking about leadership in his role as co-director of Harvard Kennedy School’s Center for Public Leadership. He’s continued to advise Transportation folks and recently met with current Transportation Secretary Pete Buttigieg.

The following interview is edited for length and clarity.

What advice do you have for the next Cabinet secretary?

Get to know the place and especially the people. There is a lot of important institutional memory in the agency, especially in the realm of safety. You may not always agree with their recommendations, but the input always proved helpful.

What’s one thing you didn’t know that you wish you did before you got into the job?

The Office Information and Regulatory Affairs can refuse to accept well-constructed rules if they so choose, creating the perception that the Department of Transportation is not moving fast enough to adopt safety rules.

What do you see as the biggest obstacle facing the next department?

The perception that safety regulations stand in the way of innovation. In emergent transportation technologies, such as driverless cars and drones, the Department of Transportation has the opportunity to provide clarity and certainty, which can enable innovation to be integrated into the transportation system safely.

Where did you go to have a meltdown?

There is no place to hide. Just remember how much you and your own family depend on a safe, efficient transportation system and treat your task with the same level of care and concern each day.

Want more? Another former Transportation secretary, Ray LaHood, says he found serenity in Peoria.

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Keep your eyes on these Senate Republicans. They could upend Pete Hegseth’s confirmation.

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Pete Hegseth, President-elect Donald Trump’s pick to lead the Pentagon, is on Capitol Hill Thursday to make his case with Senate Republicans as controversy continues to build around his nomination.

The Army veteran and Fox News host will need to address allegations of sexual assault that surfaced in recent days. Concern on Blue Light News is only likely to build after a police report into the 2017 allegations, which Hegseth denies and wasn’t charged in, became public on Wednesday.

Four Senate Republicans would need to break ranks to sink Hegseth’s nomination. And though none has opposed him so far, many Republicans have offered a tepid defense of Trump’s pick.

Here’s a look at Republicans to watch:

Sen. Roger Wicker (R-Miss.): The incoming chair of the Armed Services Committee will oversee Hegseth’s confirmation process. Wicker has said he wants to be “supportive” of Hegseth and posited that his outsider status could be advantageous in shaking up the Pentagon.

While he may well back Trump’s pick, Wicker will also need to gauge the support of his committee members and their concerns as the confirmation process unfolds.

Sen. Joni Ernst (R-Iowa): A Senate Armed Services member whose name was briefly floated for the Pentagon job, Ernst could be somewhat of a bellwether for GOP support.

Ernst has been a vocal critic of the military’s handling of sexual assault in the ranks. She was the only Republican to vote against Gen. John Hyten’s nomination for Joint Chiefs vice chair, a confirmation process that was dominated by sexual assault allegations.

Ernst has said the allegations against Hegseth merit “discussion.” She also wants Hegseth to explain his comments that women should not serve in combat jobs.

“Any time there are allegations, you want to make sure they are properly vetted, so we’ll have that discussion,” Ernst said.

The stalwarts: Many of the junior Armed Services Republicans who are closely aligned with Trump have expressed support for Hegseth: Sens. Rick Scott (R-Fla.), Tommy Tuberville (R-Ala.), Markwayne Mullin (R-Okla.), Ted Budd (R-N.C.) and Eric Schmitt (R-Mo.).

Non-Armed Services Republicans: While Thursday’s meetings likely will focus on shoring up immediate support among Armed Services members, some of the biggest wild cards could be in the wider Senate.

Sens. Susan Collins of Maine and Lisa Murkowski of Alaska most frequently bucked Trump in his first term and could be skeptical of Hegseth and other contentious picks. Sen. Todd Young (R-Ind.), a conservative defense hawk who declined to support Trump in 2024, has praised Trump’s initial slate, and said he’d allow Hegseth’s confirmation process to play out.

Sen. John Cornyn of Texas, the recent runner-up in the race to be the new GOP majority leader, could be an asset. Cornyn held a call with Hegseth — and on Wednesday touted him in a floor speech.

“I’ve known Pete a long time … I told him I want to be a resource for him,” Cornyn told reporters. “He came up here years ago, initially on some veterans affairs issues, and so trying to be of assistance,” Cornyn said, before downplaying the sexual assault allegation. “There’ll be plenty of time to hash that out. My understanding is it was a settlement of a dispute, and there’ll be plenty of time to flesh that out.”

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