(WASHINGTON) — Speaker Mike Johnson led a cross-section of House Republicans for a trip down Pennsylvania Avenue to the White House on Wednesday, where they’re huddling with President Donald Trump to chew over their strategy to advance the president’s ambitious agenda.
“This is part of the process…the America First Agenda. We look forward to furthering that discussion. So, it’s going to be a good meeting,” Johnson, R-La., said before emphasizing the leadership is “working on a one-bill strategy.”
It’s not just elected House GOP leadership attending the meeting, as both conservatives and moderates are expected to join the discussion. Asked about the meeting’s goal, Johnson told reporters that the objective is “to move the ball forward.”
“I think we will,” he said. “We’re at a good place.”
Republicans must pass a budget resolution to unlock a complex process to enact sweeping reforms to taxes, energy, border security and more. But Johnson currently has just a one-vote cushion to pass legislation through the lower chamber, so Republican leaders are cognizant that even a pair of dissenting Republicans could doom their collective efforts.
“We’ve got to work very meticulously with our members to first make sure we have the votes to get a budget passed,” House Majority Leader Steve Scalise, R-La., said Wednesday. “We can’t have 22 [Republicans] opposing. We can’t have four opposing. And so we’re working through a lot more detail now on what reconciliation would look like on the front end before we actually get the budget passed.”
Leaving the Capitol Wednesday morning, Scalise boasted that he’s “very confident” Republicans will reach consensus on a budget plan — though he admitted that the meeting today is a “critical step” in the process.
Scalise also raised concerns about the Senate’s evolving approach, which could punt tax reform to a second attempt to overhaul the budget late this year. The No. 2 House Republican explained that delaying tax reform in 2017 undercut the anticipated economic growth at the time.
“You didn’t really get the bounce because it took so long to get the second bill done,” Scalise said. “The President remembers that. You know, it’s one of the reasons we lost the majority. And so do you want to repeat that history, or do you want to do it earlier? You get the benefits earlier, and increase the likelihood that you actually get tax [reform], because the question of whether or not you can even pass a second bill is a real, real, serious concern.”
Senate Budget Chairman Lindsey Graham, R-S.C., told senators during a closed-door lunch on Wednesday that the Senate will take the reins and begin work to advance its own package next week.
Senate Republicans plan to discuss their two-bill approach with Trump at Mar-A-Lago on Friday.
(WASHINGTON) — A Senate Judiciary Committee vote on advancing Kash Patel’s nomination to be FBI director was delayed Thursday after Democrats raised objections.
This is a developing story. Please check back for updates.
(WASHINGTON) — Protesters gathered nationwide Wednesday as part of a movement opposing the Trump administration’s policies and Project 2025, the controversial conservative presidential wish list.
The protests, which took place largely in state capitals, were organized by an online movement dubbed 50501 — meaning 50 protests, 50 states, one day.
The grassroots effort has been organized across social media sites using hashtags #buildtheresistance and #50501, calling on Americans to “fight fascism.”
Protesters marched and gathered in cities including Atlanta, Austin, Boston and Philadelphia, holding signs with messages like “Silence is violence,” “Defend democracy,” “Impeach Trump” and “Death to fascism.”
Vermont college student Andy Cole was among those protesting outside the Vermont Statehouse in Montpelier on Wednesday.
“I came out here today because it’s important for people to be here,” Cole told ABC Montpelier affiliate WVNY. “As a young person, it’s important for me to be here. As a human, it is important for me to be here.”
“I would not be able to sleep at night if I didn’t become engaged and didn’t be active in my community, especially with everything that’s happening right now,” Cole continued.
In the first weeks of his new term, President Donald Trump has signed a slew of executive orders, some of which are already facing legal challenges.
Protesters on Wednesday highlighted Trump’s immigration policies, carrying signs saying “No human is illegal,” as the administration takes unprecedented action to remove as many undocumented migrants from the United States as possible.
Demonstrators also protested actions targeting LGBTQ+ people, the same day that Trump signed an executive order banning transgender athletes from women’s sports. Last week, he signed an order seeking to restrict gender-affirming care for people under the age of 19.
Protesters also called to save the U.S. Agency for International Development (USAID), which oversees foreign aid, disaster relief and international development programs.
Elon Musk, the head of the Department of Government Efficiency (DOGE), said this week he was “in the process” of “shutting down” the agency with the backing of Trump, as part of efforts to trim the size of the federal government and eliminate waste.
Many demonstrators took aim at Musk in particular, highlighting his efforts to dismantle government agencies and gain access to government data. Signs with the message “No one voted for Elon Musk” could be seen at multiple protests.
Vice President JD Vance alluded to that sentiment on X on Wednesday, saying, “They did however vote for Donald Trump who promised repeatedly to have Elon Musk root out wasteful spending in our government.”
Ahead of Wednesday’s day of action, an Instagram account claiming to be the official account of the 50501 movement shared flyers for planned protests with phrases like “Reject fascism” and “We the people reject Project 2025.
A “Declaration of Equal Liberty” posted to the Instagram account claims that Project 2025’s “rhetoric intends to divide, isolate, and alienate our society, as well as dismantle the foundational liberties of our country by attacking our institutions.”
Trump distanced himself from Project 2025 on the campaign trail but went on to nominate several of its authors or contributors to his administration.
ABC News’ Oren Oppenheim contributed to this report.
Deb Cohn-Orbach/UCG/Universal Images Group via Getty Images
(WASHINGTON) — New legislation in Congress aims to tackle a financial burden weighing on millions of households — rent that is “too damn high,” as one New York City housing activist famously claimed.
The bill, introduced by Sen. Amy Klobuchar, D-Minn., and co-sponsored by eight other Senate Democrats, targets companies that collect data on rental markets from landlords and then use the data for an algorithm to help broadly determine rents.
In an exclusive interview with ABC News, Klobuchar called it a “high-tech” version of collusion, saying companies that use these models are widely sourcing rents from competitors and colluding to drive up costs for consumers. The landlords plug in their nonpublic information related to rents into the RealPage software and then are able to receive pricing recommendations, circumventing normal competitive strategies for setting rents. The bill, she said, wouldn’t prevent landlords from using algorithms — but it would stop companies from illegally working together to set higher rents.
“It’s just textbook collusion,” Klobuchar said. “It’s clearly illegal for these landlords who compete with each other to get together for dinner one night and go, ‘Hey, let’s all set our rents high and then we won’t compete with each other.’
“Well, this is just a high-tech, sophisticated way of doing it, and our laws need to be as sophisticated,” she said.
Last year, the Justice Department sued real estate software company RealPage, which is the most-used company providing algorithmic pricing. The lawsuit alleged RealPage engaged in a collusion scheme with landlords that resulted in higher rent across the country.
“We constantly interact with algorithms, whether shopping online, paying rent, booking a flight, hailing a ride, buying insurance. I mean, that happens,” Klobuchar said. “But we’ve got to draw the line when they’re actually being used to fix prices, to hurt consumers, and that is exactly what I believe, and the Justice Department believes, has been going on.”
A report by the Biden administration’s Council of Economic Advisers found that algorithms like the one used by RealPage added over $90 a month to average rents in Phoenix, Las Vegas, San Diego, Tampa and Washington, D.C. — and added over $130 a month to rents in Dallas, Denver and Atlanta.
In 2023, the algorithmic pricing added a total of $3.8 billion to the price of rentals nationwide, according to the report.
The report also found that RealPage is used to determine rent for nearly 1 in 4 multifamily properties.
In a statement in December, RealPage defended its software, saying it was built to be legally compliant and enhances competition for customers in rental housing.
“We remain unwavering in our belief that RealPage’s revenue management software benefits both housing providers and residents,” it said.
“Housing is still the largest monthly expense for most households, and that includes rent,” Klobuchar said. “We have clear documentation from economists that this price-fixing by algorithms increased the rents by nearly $4 billion in 2023 — we know this is happening, and it’s so hard for people to get by now anyway.”
Rents have been one of the most stubborn drivers of high, post-pandemic inflation — up 4.3% over the past year, according to the government’s latest consumer price index report. That outpaces the overall annual inflation rate, which stands at 2.9%.
The legislation introduced by Klobuchar, called the “Preventing Algorithmic Collusion Act,” would require rental companies to disclose if they are using algorithms to set rents. And it would direct the Federal Trade Commission to study how these algorithms are affecting competition.
It will need bipartisan support in the Republican-controlled Senate and House to have a future. Klobuchar said she is optimistic the bill can garner support from Republicans.
While former President Joe Biden’s Department of Justice was aggressive on antitrust enforcement, aided by then-FTC Chairwoman Lina Khan, the Trump administration also has interest in propelling the issue. Antitrust cases against Google and Meta were initiated under Trump’s first term, and Vice President J.D. Vance was vocal about taking on powerful monopolies while in the Senate. One of his former aides, Gail Slater, will now take a leading attorney role at the DOJ.
In announcing Slater’s position, President Donald Trump said Big Tech companies have “run wild for years.”
Still, Klobuchar admitted that seeing the hefty showing of tech CEOs at Trump’s inauguration — the “broligarchs,” as she called them — gave her pause.
“But there are some good people that are going to keep doing this work within the bowels of the Department of Justice. So my hope is that there will be continued antitrust enforcement,” she said.
In the meantime, Klobuchar urged renters to do their own research, with the awareness that there are “forces out there” raising rents in most metropolitan areas.
“Why not ask when you’re going to rent: ‘Are you involved with RealPage or one of these companies that sets rents?'” she said.
(WASHINGTON) — Rep. Josh Gottheimer (D-NJ) is demanding swift action after ABC News’ exclusive reporting about hidden links in DeepSeek’s artificial intelligence tool that could potentially send data to a Chinese state-owned telecommunications company.
“I think we should ban DeepSeek from all government devices immediately. No one should be allowed to download it onto their device,” Gottheimer, who sits on the House Intelligence Committee, told ABC News.
A new bill Gottheimer proposed on Thursday is called the “No DeepSeek on Government Devices Act” and it would require the Office of Management and Budget to develop guidelines within 60 days for the removal of DeepSeek from federal technologies, with exceptions for law enforcement and national security-related activity.
The bill would ban DeepSeek from federal devices as well as any future product developed by High-Flyer, the artificial intelligent tool’s hedge fund backers.
This comes after the U.S. House of Representatives chief administrative officer issued a memo urging staffers against using DeepSeek last week.
Gottheimer is one of the lawmakers behind the TikTok bill, which passed in April 2024 and led to a 24-hour blackout for the app’s American users the day before President Donald Trump’s second inauguration.
There are fears DeepSeek could pose a risk to national security after Ivan Tsarynny, CEO and founder of cybersecurity research firm Feroot, told ABC News he found hidden code with the capability to send data to servers under the control of the Chinese government.
“Even though we all know DeepSeek is a Chinese organization, what is really, really standing out is now we see direct links to servers and to companies in China that are under control of the Chinese government. And this is something that we have never seen in the past.”
“There are technologies that are embedded into the DeepSeek website that are tracking us. They have the capability to track across any other website… your interests outside of DeepSeek,” Tsarynny told ABC News. “The type of queries, type of questions, types of topics that you ask and analyze in DeepSeek makes a very, very sensitive, very personal profile.”
DeepSake and High-Flyer have not responded to repeated requests for comment.
Chip Somodevilla/Getty Images/Bloomberg via Getty Images
(WASHINGTON) — As Elon Musk continues to dismantle government agencies, threaten workers with layoffs and gain access to government data, congressional Republicans on Wednesday blocked Democratic efforts to compel him to answer for his actions under oath.
Musk, who has not made any public appearances since the inauguration, has publicly called for cutting down the federal government and through his non-government organization Department of Government Efficiency (DOGE) has frozen funding for several agencies including USAID the international aid agency.
Designated a special government employee by the White House, Musk claims he has been in talks with President Donald Trump about his tactics.
“I went over it with him in detail, and he agreed that we should shut it down,” Musk said Monday on his effort to curtail USAID.
Rep. Gerald Connolly, the top Democrat on the House Oversight Committee, tore into Musk during a committee hearing on Wednesday as he moved to subpoena the controversial billionaire.
“It’s a puzzling role for many people, certainly on this side of the aisle, and I think for some on yours, who is this unelected billionaire that he can attempt to dismantle federal agencies, fire people, transfer them, offer them early retirement and have sweeping changes to agencies without any congressional review, oversight or concurrence,” he said.
Republicans on the committee pushed back and engaged in a shouting match with Democrats over Musk. When GOP chairman Rep. James Comer put the motion to a vote, it failed along party lines.
Democrat Rep. Ro Khanna of California, who has shown support for DOGE in the past, abstained from voting.
Comer and other Republicans came to Musk and DOGE’s defense contending, without evidence, that the federal government was wasting taxpayer dollars and those agencies needed to be reviewed and scaled back.
“Elon Musk trimmed the fat on X and we have the chance to do the same here,” Comer said about Musk deep cuts at the social media giant.
Musk’s $44 billion purchase of Twitter in 2022 has been seen by some business analysts as an unsuccessful investment as the company’s value has gone down sharply over the years with users and advertisers dropping the platform.
The mutual fund Fidelity marked down its estimate of X’s value by 78.7% as of the end of August, according to a financial disclosure.
Republicans have maintained that Musk is not in charge and answers to Trump.
When asked about Democrats’ concerns and anger over DOGE, White House press secretary Karoline Leavitt said President Donald Trump campaigned to make the government more efficient and defended Musk’s involvement in it.
While Musk won’t be taking questions from leaders anytime soon, he has spent a lot of time on his social media platform making his case for the cuts.
On Thursday he reposted a X post that had screenshot from a news article talking about DOGE aides looking at the Medicare payment system.
“Yeah, this is where the big money fraud is happening,” Musk wrote in his post without any further details or evidence to back his claim.
The Medicare system wasn’t the only government agency that was put on notice this week.
The Treasury Department said that officials connected to DOGE have been granted “read-only” access to the sensitive Treasury system that manages trillions of dollars in government payments.
Leavitt told reporters Wednesday that DOGE is not allowed to write new code.
The National Oceanic and Atmospheric Administration (NOAA), the federal agency responsible for forecasting the weather, researching and analyzing climate and weather data and monitoring and tracking extreme weather events like hurricanes, is now being scrutinized by Musk’s team, several sources familiar with the matter told ABC News.
DOGE is looking for anything tied to DEI and that they removed anything DEI-related from bulletin boards, including posters and signs, the sources said. They also checked bathroom signs to ensure they complied with Trump’s executive orders.
A former NOAA employee told ABC News that he is concerned that representatives from DOGE will employ what he called the Musk’s strategy of breaking things now and fixing them later. He said he’s worried that NOAA’s irreplaceable climate and weather data could be damaged or lost and that DOGE may be following the Project 2025 playbook.
Trump has distanced himself from the plan. However, his nominee to head the Office of Management and Budget, Russell Vought, was one of the authors.
Project 2025 calls for breaking up NOAA and privatizing forecast operations. In the document, the authors wrote that NOAA is “one of the main drivers of the climate change alarm industry and, as such, is harmful to future U.S. prosperity.
As these moves take place, questions have been raised by leaders, critics and others about by how much and how exactly its operating.
Musk initially wanted an office in the West Wing but told people he thought it was too small, multiple people familiar with his comments told ABC News. Instead, he took an office inside the Eisenhower Executive Office Building, the sources said.
Musk moved beds into both the Eisenhower Executive Office Building and the United States Office of Personnel Management, according to sources. The move is intended to allow both Musk and his staff to sleep there if working late, the sources said.
It follows a familiar trend for tech companies in Silicon Valley.
Musk’s team is staffed largely by engineers and young people with little experience in government policy. At least one as young as 19 years old, according to sources.
Trump was asked Tuesday about Musk’s team including the younger members and their access to government data and facilities and said he thought it was a good move.
Democratic leadership on the Hill has repeatedly downplayed the power Musk claims for DOGE.
“It has no authority to make spending decisions, to shut down programs or ignore federal law. This is not debatable. This is an indisputable fact. No authority for spending decisions to shut down programs or ignore federal law,” Sen. Chuck Schumer said Tuesday.
ABC News’ Rachel Scott, Matthew Glasser, Will Steakin, Katherine Faulders and Max Zahn contributed to this report.
(WASHINGTON) — Democrats are outraged over President Donald Trump’s proposal to “take over” and rebuild Gaza — calling the plan everything from “horrifying” to “ethnic cleansing,” while Republicans were supportive, but admitted they were short on details.
“This is an insane proposal, and there’s been a huge backlash already, because the president of the United States was saying that he would use U.S. military force, if necessary, to forcibly remove 2 million Palestinians from Gaza — that’s ethnic cleansing by another name — so that it could be redeveloped,” Sen. Chris Van Hollen, D-Md., told CNN on Wednesday morning, adding that it could be “dangerous” for both the U.S. and the Middle East.
Sen. Tina Smith, D-Minn., said that Trump is “completely ignoring the sovereignty and the self determination of the Palestinian people who have lived in this place for generations and he’s got his eye on some real estate deal because he thinks the coastline of Gaza is going to be great for some new hotel.” She told CNN that the plan is “horrifying” and “ridiculous,” shortly after Trump announced it Tuesday night during a joint news conference with Israeli Prime Minister Benjamin Netanyahu.
In addition to announcing his desire to “take over” Gaza, Trump pushed for Palestinians to leave Gaza and relocate, a suggestion that was roundly rejected by neighbors in the region and from U.S. allies.
Texas Democratic Rep. Al Green announced on Wednesday that he intends to file articles of impeachment against Trump over his proposal.
Some Democrats also asserted that Trump’s comments were meant to distract from Elon Musk being given access to the Treasury Department’s federal payment system and disrupting other government agencies.
“I have news for you — we aren’t taking over Gaza. But the media and the chattering class will focus on it for a few days and Trump will have succeeded in distracting everyone from the real story — the billionaires seizing government to steal from regular people,” Sen. Chris Murphy, D-Conn., said on X. He also later referred to the plan as a “bad, sick joke.”
Meanwhile, Republican lawmakers were quick to praise Trump’s proposal while also admitting that they weren’t certain of the specifics.
House Speaker Mike Johnson came to Trump’s defense Wednesday morning, calling the president’s surprise announcement “a bold move” while acknowledging he’s waiting on “further details on what exactly that looks like.”
“It’s a bold move, certainly far bolder than what’s been done before, but I think we’ve got to stand unequivocally in an unwavering manner…with Israel, our closest ally and friend in the Middle East,” he said during a press conference at the Capitol.
Earlier Wednesday, Johnson told reporters, “I think this is a good development” and “I think it’s one that we’ll applaud.”
Other Republicans went even farther.
“The status quo hasn’t worked,” Rep. Brian Mast, chairman of the House Foreign Affairs Committee told ABC News. “Two-state solution is the idea of making a state of an entity that would immediately have to be labeled a state sponsor of terror. And so that’s not the solution at all.”
When asked if this means troops would be deployed to the region, he said, “that’s not a guarantee. That’s something that is on the table.”
Other lawmakers were also unclear on whether Trump had deploying troops in mind.
“As far as I know, it’s not troops,” Rep. Byron Donald, a close Trump ally, said.
Senate Majority Leader John Thune suggested that the president “wants to bring a more peaceful, secure Middle East, and he’s put some ideas out there.”
He later doubled down on that sentiment, saying, “Look, there are a lot of ideas that are coming out to try to address what is clearly a crisis in that region.”
Lisa McClain, R-Mich., stopped short of endorsing Trump’s plan but told reporters that “it is going to take unconventional wisdom to get us out of this mess that we’re in” and said the president is “throwing everything in the kitchen sink out there.”
-ABC News’ Oren Oppenheim and Emily Chang contributed to this report.
(WASHINGTON) — Democratic lawmakers continue to protest tech billionaire Elon Musk’s sweeping influence over government decisions and material, with protests, proposed legislation and other attempts to obstruct President Donald Trump’s agenda and the efforts of his close ally to cut what the Trump administration considers wasteful spending.
Dozens of lawmakers appeared Tuesday at a “Nobody Elected Elon” rally outside the Treasury Department, each delivering fiery attacks directed toward Trump and Musk. They described Musk’s action as a “heist,” a “takeover” and an “abuse of power.”
Rep. Ayanna Pressley went as far as calling Musk a “Nazi nepo baby.”
Democrats have pushed back against Musk and his Department of Government Efficiency’s efforts, mounting growing protests, introducing legislation and threatening to try to derail his agenda by holding up confirmation of his appointees.
Rep. Maxine Waters said, “We have got to tell Elon Musk, ‘Nobody elected your ass. Nobody told you you could get all of our private information. Nobody told you you could be in charge of the payments of this country.’”
Sen. Elizabeth Warren added, “Not one Democrat in America voted for Elon Musk, not one not one Republican in America voted for Elon Musk, not one independent in America voted for Elon Musk, not one libertarian in America voted for Elon Musk, dammit, not one vegetarian in America voted for Elon Musk, and yet, Elon Musk is seizing the power that belongs to the American people.”
Sen. Richard Blumenthal cautioned his Republican colleagues that Musk’s actions could have harmful consequences for their constituents as well.
Sen. Chris Murphy struck a similar tone as his Democratic colleagues, threatening to stall Trump’s nominees from being confirmed should Musk continue his overreach.
“You will remember this is the moment that made a difference for America, because the message here is, we have to reach beyond this crowd, reach beyond this city. Reach beyond Democrats, to Republicans and say you’re losing your country too,” Murphy said.
Pressley reached out to Republicans, too.
“I want to say to our Republican colleagues, pay attention. We’re here today in the hopes that you will see the light. But if you do not see the light, we will bring the fire. Resist,” she said Rep. Pressley.
During multiple times, there were chants of “Lock him up!” from the crowd, which appeared to be directed at Trump and Musk.
Murphy also made a dig at the young staffers reportedly working for DOGE.
“When we open up the Senate every single morning, we don’t pledge allegiance to the billionaires. We don’t. We don’t pledge allegiance to Elon Musk. We don’t pledge allegiance to the creepy 22 year olds working for Elon Musk. We pledge allegiance to the United States of America,” he said to cheers.
Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries said they’re pushing joint legislation that would block ‘unlawful meddling’ in the Treasury Department’s payment systems — responding to news on Monday that Treasury gave Musk and representatives of DOGE access to its vast federal payment system.
At a news conference at the Capitol, the Democratic leaders unveiled the bill as the “Stop the Steal” Act, a play off of Trump’s rallying cry as he sought to overturn the results of the 2020 election. The legislation would deny special government employees and anyone with conflicts of interest or a lack of appropriate clearance any access to the Treasury payment system. It also would include personal tax information into existing privacy protections, according to Schumer.
The White House said Monday that Musk received status as a special government employee, meaning he’s a short-term federal worker who works under looser ethics rules.
Jeffries said the legislation will be introduced “in short order” to prevent “unlawful access with respect to the Department of Treasury’s payment system connected to people who are trying to steal personal, sensitive and confidential information related to Social Security recipients, Medicare recipients, taxpayers, businesses, not-for-profits, veterans and everyday Americans.”
“It is unacceptable, unconscionable and unAmerican,” he said.
Given the Republican majority in both chambers of Congress, it is unlikely the legislation will advance. However, Schumer and Jeffries outlined other avenues Democrats could take. Schumer threatened to block funding legislation until there are changes and added that Democrats would also hold shadow hearings with whistleblowers.
Though the leaders repeatedly mentioned DOGE, they stayed away from directly saying Elon Musk’s name until asked by reporters.
Jeffries avoided saying the legislation was solely focused on Musk but rather centered around the “whole process” of the recent Treasury moves, when asked how concerned he was specifically about the Tesla founder.
“We’re concerned that Musk is in charge of DOGE, but we’re concerned about the how the whole process works, and ultimately the buck falls with Donald Trump, the president,” Jeffries said. “But we are concerned that a small number of people are concerned with the whole process, including Musk and including the others,” Jeffries said.
The Democrats repeatedly downplayed DOGE’s power.
“It has no authority to make spending decisions, to shut down programs or ignore federal law. This is not debatable. This is an indisputable fact: No authority for spending decisions to shut down programs or ignore federal law,” Schumer warned.
Schumer said that “all 47 Democrats” in the Senate would oppose the confirmation of Office of Management and Budget nominee Russell Vought in light of the federal funding freezes announced last week.
“We are united in our agreement that Russell Vought is a dangerous and destructive choice to lead the Office of Management and Budget, and we saw a precursor to his leadership last week during the dangerous federal funding fees that crippled nearly crippled critical duties of the federal government and its operations,” Schumer said.
“Senate Democrats will unanimously oppose him and do everything we can to prevent him from needing OMB,” he added.
(WASHINGTON) — A federal judge in Maryland is set to consider whether President Donald Trump will be able to redefine the meaning of the Fourteenth Amendment to exclude the children of undocumented immigrants from birthright citizenship.
U.S. District Judge Deborah Boardman has scheduled a 10 a.m. ET hearing on Wednesday to consider a request by five pregnant undocumented women to issue a preliminary injunction blocking Trump’s Day-1 executive order on birthright citizenship.
The women and the two nonprofits filed a lawsuit against the Trump administration, arguing that the executive order — which challenged the long-settled interpretation of the Fourteenth Amendment’s citizenship clause — violated the constitution and multiple federal laws.
“If allowed to go into effect, the Executive Order would throw into doubt the citizenship status of thousands of children across the country, including the children of Individual Plaintiffs and Members,” the lawsuit said.
Lawyers for the Department of Justice have claimed that Trump’s executive order attempts to resolve “prior misimpressions” of the Fourteenth Amendment, arguing that birthright citizenship creates a “perverse incentive for illegal immigration.” If permitted, Trump’s executive order would preclude U.S. citizenship from the children of undocumented immigrants or immigrants whose presence in the United States is lawful but temporary.
“Text, history, and precedent support what common sense compels: the Constitution does not harbor a windfall clause granting American citizenship to, inter alia: the children of those who have circumvented (or outright defied) federal immigration laws,” DOJ lawyers argued.
The executive order has already been put on hold by a federal judge in Seattle, who last month criticized the Department of Justice for attempting to defend what he called a “blatantly unconstitutional” order.
“I have difficulty understanding how a member of the bar can state unequivocally that this is a constitutional order. It boggles my mind,” said U.S. District Judge John Coughenour. “Where were the lawyers when this decision was being made?”
Because Judge Coughenour’s order only blocked the executive order temporarily, Judge Boardman will consider a longer-lasting preliminary injunction of the executive order.
“The hearing that’s coming up is a proceeding that essentially puts a longer pause,” explained Loyola Marymount University professor Justin Levitt. “It’s an order saying, ‘Don’t implement this,’ because the plaintiffs have shown a likelihood that they’ll succeed when we finally get to a final resolution, but many substantive legal claims are effectively decided on preliminary injunctions.”
With Trump vowing to appeal a ruling that finds his executive order unconstitutional, a preliminary injunction — if granted after Wednesday’s hearing — could be his first opportunity to appeal to a higher court.
Members of the Trump administration spent months crafting this executive order with the understanding that it would inevitably be challenged and potentially blocked by lower courts, according to sources familiar with their planning.
(WASHINGTON) — Senate Republicans defended the Trump administration’s sweeping revamp of the U.S. Agency for International Development (USAID) led by Elon Musk. But some lawmakers downplayed the billionaire’s power over the president.
“In terms of any decisions made, those are made by the president or the secretary,” Sen. Josh Hawley, R-Mo., told ABC News on Tuesday. “If Musk wants to make recommendations, wants to go and say, you know, ‘We ought to cancel this, we ought to cancel that,’ that’s fine.”
Hawley dismissed Musk’s framing that he has more authority, calling it “a form of self-promotion” and saying the efforts by the Department of Government Efficiency, or DOGE, are more of an audit.
Other lawmakers defended the administration’s decision to gut a congressionally appropriated agency. Sen. Eric Schmitt, R-Mo., said it was a long time coming.
“This idea that people are concerned in these agencies, there’s a lot of great people that work there, but we’ve gone astray, I think a lot of this spending across the world, the American people are tired of it,” he said.
Elon Musk called the USAID “hopeless,” and said he was “in the process” of “shutting [it] down” — which he said President Donald Trump supports.
“We spent the weekend feeding USAID into the wood chipper,” Musk wrote on X.
Sen. John Kennedy, R-La., told ABC News’ Rachel Scott on Tuesday, “My message to my Democratic friends and to the tofu-eating ‘wokerati’ at USAID is, ‘I hear your question, but you need to call somebody who cares.”
A week ago, there were lingering questions on Capitol Hill about whether a handful of Republicans would tank the president’s most controversial nominees or if any Republicans would raise concerns about the sweeping changes across federal agencies, but these questions have since quieted.
Sen. Thom Tillis, R-N.C., said he doesn’t have any concerns about Musk’s role in the federal government, saying that Musk reminds him of a “strategist.”
“He is throwing out big ideas. And if anybody thinks that all of these big ideas are going to be implemented to conclusion, they don’t understand the process of disruption,” Tillis said. “Everybody is acting like Congress doesn’t exist anymore. Many of the things he’s thinking about will require Congressional approval to actually structurally change them.”
But when asked why the changes wouldn’t then go through Congress, Tillis called that the “old way of doing things.”
“We’ve got oversight. If it goes too far, I’ll be the first person to step up — he went too far.”
Democrats pounced, continuing to sound the alarm and arguing that it’s only a matter of time until congressional Republicans and Musk are at loggerheads.
“There’s going to be a contest here of who’s really in charge,” Sen. Chris Coons, D-Del., said. “Whether you’re a Democrat or a Republican, the idea that you can go back to last year’s appropriations and just shut it down cold, without any recourse, is wrong.”
“Elon Musk’s role is not only unprecedented, it is unconscionable for him to be exercising the kind of influence and power that he is with his conflicts of interest and his financial benefits flowing to him from the kind of destructive impact,” Sen. Richard Blumenthal, D-Conn., said. “It’s not disruptive, it is destructive.”
In an impassioned speech on the Senate floor Monday evening, Sen. Brian Schatz, D-Hawaii, who sits on the Foreign Relations Committee, called DOGE’s actions “flatly illegal” and raised questions about whether the U.S. truly believes in the rule of law.
“I’ve got agencies I don’t like … agencies that I think are spending too much money or too little money. Do you know what I do about that? I introduce a bill to change that because I believe in the American system of government,” Schatz said.
While speaking on the floor, Schatz got passionate, raising his voice and pounding his fist on the lectern as he expressed frustration about the situation unfolding. He also suggested that the move to unilaterally act without notifying Congress, in violation of congressional appropriation, was unAmerican.
Schatz questioned why assessments of efficacy could not be made while aid work continues.
“People are dying now,” he emphasized, arguing that changes could be made “while you keep the agency open.”
“What they did is they stormed into the offices of a federal building, sent everybody home, broke into the secure conference facilities, broke into the SCIFs, locked people out of their emails. Does that sound like the United States of America?” Schatz added, painting a picture of what occurred at the USAID offices over the weekend. “It really honestly does not sound like the United States of America to me. These people were not elected.”
Schatz’s speech came after the Republican chairman of the Senate Foreign Relations Committee, Jim Risch, blocked an effort by Coons that asserted the belief that USAID is “essential for advancing the national security interests of the United States.”
“I’m supportive of the Trump administration’s efforts to reform and restructure the agency in a way that better serves United States national security interests,” Risch said.
In a fiery press conference Monday, Senate Democrats said they were “pulling the fire alarm” to warn about the dangers posed by DOGE and Elon Musk’s access to the Treasury’s payments system.
“Before our very eyes, an unelected shadow government is conducting a hostile takeover of the federal government,” Democratic Leader Chuck Schumer said.
