Congress
Republicans cry foul with some judges ‘unretiring’ before second Trump term
With little more than a month to go before Donald Trump’s second term in the White House, a set of federal judges who previously announced retirements are pulling back those decisions. And Republicans are none too pleased.
Most prominent among the federal jurists to reverse a retirement announcement is Judge James Wynn of the 4th Circuit Court of Appeals. His name vanished from a list of pending vacancies over the weekend, joining two district court judges in North Carolina — Algenon Marbley and Max Cogburn — in pulling back their decisions once it became clear President Joe Biden would not be able to appoint their successors.
In a letter to Biden, Wynn wrote “that, after careful consideration, I have decided to continue in regular active service” on the bench. All three were appointed by Democratic presidents.
Their decisions serve to deny Trump further bench vacancies to fill as he hopes to capitalize on his push to move the federal judiciary rightward. Though judges routinely time retirements to allow a desired president to appoint their successors, the GOP backlash has been consistent and heated.
“Judge Wynn’s brazenly partisan decision to rescind his retirement is an unprecedented move that demonstrates some judges are nothing more than politicians in robes,” said Sen. Thom Tillis (R-N.C.), whose state is part of the circuit, in a statement over the weekend. “The Senate Judiciary Committee should hold a hearing on his blatant attempt to turn the judicial retirement system into a partisan game, and he deserves the ethics complaints and recusal demands from the Department of Justice heading his way.”
Tillis isn’t alone in his criticisms, as Minority Leader Mitch McConnell has previously warned judges of consequences should they rescind previously announced retirements.
“Never before has a circuit judge unretired after a presidential election,” McConnell said on the Senate floor on Dec. 2. “It’s literally unprecedented. And to create such a precedent would fly in the face of a rare bipartisan compromise on the disposition of these vacancies.”
McConnell has urged any judge pulling back on their retirement announcements to recuse themselves from matters coming before them. He urged the incoming Trump administration to “explore all available recusal options with these judges,” since in his view they “have a political finger on the scale.”
“It’s hard to conclude this is anything other than open partisanship,” the outgoing Republican leader said on the floor.
For Democrats’ part, they pointed to previous instances of Republicans making choices around the federal bench post-elections, including McConnell’s decision to not consider a Supreme Court vacancy during the 2016 election cycle while President Barack Obama was in office.
“When I hear the senator [McConnell] come to the floor … and talk about whether there is any gamesmanship going on, I don’t know. But I can tell you we saw it at the highest possible level in filling the vacancy on the Supreme Court when Antonin Scalia passed away,” said Senate Judiciary Chair Dick Durbin (D-Ill.) on the floor following McConnell’s remarks.
The backdrop for the reconsideration of retirement announcements is a deal struck between Majority Leader Chuck Schumer and Republicans to grant Trump four circuit court nominations to fill — Democrats said President Joe Biden’s replacement picks for those slots lacked the votes for confirmation — in exchange for quicker consideration of a dozen or so district court vacancies.
But Wynn’s decision — he was one of those four circuit court positions — complicates that math. Durbin defended the deal as having “reflected some realities that haven’t been publicized much.”
“Two of them did not have the total support of the Democratic caucus — it was an uphill struggle,” Durbin said. “Two more of them decided to stay on and not leave,” he added, reflecting the future decision of Wynn to retain active status on the bench.
Another one of those involved in the appeals court deal, Adeel Mangi, decried the “broken” confirmation process in a letter to Biden obtained by BLaw on Monday. He would have been the first Muslim appeals court judge in the country, if confirmed, but couldn’t command sufficient support from Democrats.
“This is no longer a system for evaluating fitness for judicial office,” Mangi wrote in the letter. “It is now a channel for the raising of money based on performative McCarthyism before video cameras, and for the dissemination of dark-money-funded attacks that especially target minorities.”
He added: “For my part, I entered this nomination process as a proud American and a proud Muslim. I exit it the same way, unbowed.”
On the whole, reconsidering a judicial retirement decision is not an entirely new phenomenon.
Take, for example, the case of Judge Karen Caldwell of Kentucky. The longtime George W. Bush appointee was ready to step aside in 2022, but on the condition that Biden appoint a suitable conservative replacement in her place. But that rumored deal between Biden and McConnell eventually fell through, and Caldwell rescinded her initial decision to retire.
There are other recent examples. A conservative Wisconsin federal judge, Rudolph Randa, pulled back on his announced retirement in 2008 following the victory of President Barack Obama. And an appeals court judge from Indiana, Michael Kanne, abandoned his retirement in 2018 after then-Vice President Mike Pence spiked his intended successor from being tapped.
After more than a decade at the center of GOP politics on Capitol Hill, the House Freedom Caucus is suddenly confronting an unsettled future.
Several of the hard-right bloc’s most prominent members are leaving Congress next year after seeking higher office — including a former chair, Rep. Andy Biggs of Arizona, and several media-friendly voices such as Reps. Chip Roy of Texas, Byron Donalds of Florida and Ralph Norman of South Carolina, among others.
“We’re losing a lot of talent — there’s no doubt about it,” Rep. Eli Crane of Arizona said. “So it’s just kind of like a next-man-up mentality.”
But which man is very much in question. The current chair, Rep. Andy Harris of Maryland, is term-limited, and a new generation of combative ultraconservatives is ready to step in just as the caucus comes to terms with a potentially changing role on Capitol Hill.
The group will be facing twin challenges — a potential shift to a Democratic House majority, which has historically made the caucus less pivotal, and the looming transition to a Republican Party without a President Donald Trump, who has been an animating force for most of its members.
“Across the country, people know who the Freedom Caucus is,” said Rep. Clay Higgins of Louisiana. “The next couple of years is going to be important for the caucus.”
The group has reinvented itself in the past, with new leaders emerging as old members move on. Donalds recalled when former chair Mark Meadows of North Carolina departed for the White House in Trump’s first term.
“They’re like, ‘Well, what’s going to be the future of HFC?’ And in came Chip Roy, in came a Byron Donalds,” he said with a grin. “We just kind of kept it going.”
The only founding member still serving in the House is Rep. Jim Jordan of Ohio, who could make a play for minority leader if Republicans lose the majority in November — further scrambling the caucus’ historic role as a hard-right vanguard.
Harris will remain a member, as will fellow former chair Scott Perry of Pennsylvania — if he can win what’s expected to be a competitive general-election race. Veteran members such as Reps. Michael Cloud and Keith Self of Texas will also be influential.
But a number of relatively obscure members are ready to make moves and become the new faces of the hard right in the House.
Eric Burlison
Rep. Eric Burlison of Missouri is in his second term but has shown an unmistakable thirst to be at the center of the action since arriving in the House. Currently an HFC board member, Burlinson said he is considering running to be the next chair.
“You obviously have to be selected by your peers, and that would be the greatest honor,” he said in an interview. “There’s no one I respect more than the people that are members of HFC.”
He spent over a decade in the Missouri statehouse before heading to Congress, after working as a software consultant. Last summer he was a vocal member pushing for the full release of the Epstein files and has become a leading Republican pushing for more information on UFOs.
Burlison noted that a future chair will be inheriting a nationally recognized Freedom Caucus “brand” that includes a plethora of state-level and local groups that have adopted the name. He said the original HFC should look at ways to “leverage” that brand but also protect it from being adopted by groups that aren’t in line with its conservative vision.
“We have to kind of protect our image,” he said. ”So I think we need to get that figured out.”
Andrew Clyde
Rep. Andrew Clyde of Georgia has managed to amass significant power by Freedom Caucus standards by winning seats on the Appropriations and Budget committees, which have allowed him to push for conservative positions on those influential panels.
Clyde, another board member, said in an interview he had not yet thought about running for chair but noted that “you don’t have to be the chairman to have outsized influence.”
He added that while the group is losing some high-profile members, the president’s conservative agenda has attracted several likely incoming members to the group.
“We’re seeing some folks that have not supported the Freedom Caucus before that are coming on board to support the House Freedom Caucus,” Clyde said. “So I think you’ll see [an] even greater presence.”
Brandon Gill
Rep. Brandon Gill of Texas, a freshman and the youngest sitting House Republican, is already seen as a rising star inside the House GOP. He has said he wants to emulate Jordanand has a seat on Judiciary, the committee his governing idol chairs.
Gill has made a name for himself through provocative social media posts, regular appearances on Fox News and splashy legislative moves such as seeking to impeach James Boasberg, the federal judge who ruled against some of Trump’s deportations last year.
He does not, however, break with GOP leaders as often as some other Freedom Caucus members and could encounter internal doubts as to whether he’d be willing to play internal hardball in the same way as prior chairs.
Clay Higgins
Higgins is one of the more senior Freedom Caucus members — and one of the more controversial. The former sheriff has been a prominent proponent of conspiracy theories around the Jan. 6, 2021, Capitol attack and he was the only lawmaker to oppose the release of the Epstein files.
Also currently a board member, he said in an interview he has not ruled out seeking the caucus chair post. But he also said he was “not interested in campaigning” for the job and would like to see a “peaceful transition.”
Higgins did boast having “a pretty solid reputation within the caucus as a thoughtful conservative” and is hoping the group focuses more on policymaking in its next iteration rather than obstructing leadership prerogatives.
“We’re either going to go deeper into being a meaningful, effective conservative faction for the entire country, or we could bounce in the other direction and be more like protesters in the parking lot,” he said.
Andy Ogles
Rep. Andy Ogles of Tennessee has been a controversy magnet in the wider political sphere — known for a long-running campaign finance investigation that was recently dropped by the Justice Department and a series of offensive public statements on Muslims, immigrants and other groups.
But inside the Freedom Caucus, he has emerged as a serious force over two terms, with his name floated for chair even before the end of his first term. He did not rule out running for chair or another caucus leadership position in a recent interview.
“All I care about is winning,” Ogles said, referring to the caucus agenda. “If I’m better in a second or tertiary role, that’s what I’ll do to make sure we deliver on the president’s agenda. If that means I’m the chairman, then so be it.”
Ogles said the upcoming turnover represents a good opportunity to renew and potentially rethink how the group operates: “We’re going into the presidential. Sometimes you need fresh ideas, fresh faces.”
The House Oversight Committee requested that Alan Dershowitz, the lawyer who once represented Jeffery Epstein, testify as part of its investigation into the federal government’s handling of the Epstein files.
The interview is tentatively slated for 10 a.m. on July 9, with a video and transcript of the testimony being released “as expeditiously as practical,” Chair James Comer (R-Ky.) wrote in a letter to Dershowitz on Friday.
“Due to public reporting, documents released by the Department of Justice, documents obtained by the Committee, and your former role as Mr. Epstein’s attorney, the Committee believes you have information that will assist in its investigation,” Comer wrote.
Comer told reporters on Wednesday that he wanted to hear from Dershowitz, who helped Epstein secure a controversial plea deal in his 2008 sex abuse case.
“I’m looking forward to testifying,” Dershowitz wrote in a text message to Blue Light News on Friday, adding that he is “trying to adjust my schedule” for July 9.
Sen. John Cornyn isn’t a card-carrying member of the Senate GOP’s growing YOLO caucus. But with less than seven months left in office after losing his primary, the Texas Republican appears to be feeling newly free to speak his mind.
The latest clap-back came Thursday night and the early hours of Friday morning, when Cornyn called a conservative influencer a “grifter” and told Sen. Mike Lee (R-Utah) on social media to stop publicly blaming fellow Republicans — including Senate Majority Leader John Thune — for the fact that the GOP elections bill doesn’t have support to pass inside the party.
“You don’t have the votes” for the SAVE America Act, Cornyn posted on X. “@LeaderJohnThune can’t change that. It is math.”
He was directing his comments at Lee, who had just penned a post telling Thune, “let’s do this!”
Cornyn continued, “Try focusing on Democrats instead of Republicans. Republican on Republican attacks are hurting our chances to win the majority in November.”
Lee responded to ask, “on what planet is this an attack on Republicans?” and appeared to suggest a staffer was tweeting on Cornyn’s behalf: “Once my friend John Cornyn realizes that you’re saying this in his name—whoever you are—I don’t think he’ll be happy with you.”
Cornyn, however, is known for posting himself on his social media accounts in a chamber where many Senate accounts are run solely by staff. And he’s been making it clear all week that he will push back on Trump and his party when he thinks it’s needed.
In multiple conversations with reporters in the Capitol, Cornyn said that Republicans need to “stop the circular firing squad.” And he added that he won’t intentionally be “a thorn in [Trump’s] side,” but he’s also “not going to go out of my way to try to appease him.”
“I want him to succeed, I want the Republican Party to succeed, I want the country to succeed,” Cornyn said this week. “But on a case-by-case basis, when I think there’s been overreach or just a bad idea, I’m not going to hesitate to weigh in.”
The four-term senator’s comments come after he lost his primary last month to Texas Attorney General Ken Paxton, who Trump endorsed in the final days of the runoff.
Cornyn said in an interview with The New York Times that he was not a “wounded bear” but that he believed Trump’s insistence on “slavish adherence” was going to backfire for Republicans in the midterms and result in “the most miserable two years of his life” if Democrats flip the House or Senate.
“I think it is going to be a pretty bumpy ride for the next seven months,” Cornyn said.
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