Legal Insight 2025/12/02 21:47
Former Honduras President Juan Orlando Hernández, sentenced last year to 45 years in prison for his role in helping drug traffickers move hundreds of tons of cocaine to the United States, was released from prison following a pardon from President Donald Trump, his wife announced Tuesday.
The U.S. Bureau of Prisons inmate website showed that Hernández was released from U.S. Penitentiary, Hazelton in West Virginia on Monday and a spokesperson for the bureau on Tuesday confirmed his release.
His wife Ana García thanked Trump for pardoning Hernández via the social platform X early Tuesday.
“After almost four years of pain, of waiting and difficult challenges, my husband Juan Orlando Hernández RETURNED to being a free man, thanks to the presidential pardon granted by President Donald Trump,” García’s post said. She included a picture of the U.S. Bureau of Prisons listing for Hernández indicating his release.
On Sunday, Trump was asked about why he pardoned Hernandez by reporters traveling with him on Air Force One.
“I was asked by Honduras, many of the people of Honduras,” Trump said.
“The people of Honduras really thought he was set up, and it was a terrible thing,” he said.
“They basically said he was a drug dealer because he was the president of the country. And they said it was a Biden administration set-up. And I looked at the facts and I agreed with them.”
Hernández was arrested at the request of the United States in February 2022, weeks after handing over power to current President Xiomara Castro.
Two years later, he was sentenced to 45 years in prison in a New York federal courtroom for taking bribes from drug traffickers so they could safely move some 400 tons of cocaine north through Honduras to the United States.
Hernández maintained throughout that he was innocent and the victim of revenge by drug traffickers he had helped extradite to the United States.
During his sentencing in New York, federal Judge P. Kevin Castel said the punishment should serve as a warning to “well educated, well dressed” individuals who gain power and think their status insulates them from justice when they do wrong.
Hernández portrayed himself as a hero of the anti-drug trafficking movement who teamed up with American authorities under three U.S. presidential administrations to reduce drug imports.
But the judge said trial evidence proved the opposite and that Hernández employed “considerable acting skills” to make it seem that he was an anti-drug trafficking crusader while he deployed his nation’s police and military, when necessary, to protect the drug trade.
Hernández is not guaranteed a quick return to Honduras.
Immediately after Trump announced his intention to pardon Hernández, Honduras Attorney General Johel Zelaya said via X that his office was obligated to seek justice and put an end to impunity.
He did not specify what charges Hernández could face in Honduras. There were various corruption-related investigations of his administration across two terms in office that did not lead to charges against him. President Xiomara Castro, who had Hernández arrested and extradited him to the U.S., will remain in office until January.
The pardon promised by Trump days before Honduras’ presidential election injected a new element into the contest that some said helped the candidate from his National Party Nasry Asfura, one of the leaders as the vote count proceeded Tuesday.

Legal Insight 2025/11/28 21:47
The Supreme Court is meeting in private Friday with a key issue on its agenda — President Donald Trump ’s birthright citizenship order declaring that children born to parents who are in the United States illegally or temporarily are not American citizens.
The justices could say as soon as Monday whether they will hear Trump’s appeal of lower court rulings that have uniformly struck down the citizenship restrictions. They have not taken effect anywhere in the United States.
If the court steps in now, the case would be argued in the spring, with a definitive ruling expected by early summer.
The birthright citizenship order, which Trump signed on the first day of his second term in the White House, is part of his administration’s broad immigration crackdown. Other actions include immigration enforcement surges in several cities and the first peacetime invocation of the 18th century Alien Enemies Act.
The administration is facing multiple court challenges, and the high court has sent mixed signals in emergency orders it has issued. The justices effectively stopped the use of the Alien Enemies Act to rapidly deport alleged Venezuelan gang members without court hearings, while they allowed the resumption of sweeping immigration stops in the Los Angeles area after a lower court blocked the practice of stopping people solely based on their race, language, job or location.
The justices also are weighing the administration’s emergency appeal to be allowed to deploy National Guard troops in the Chicago area for immigration enforcement actions. A lower court has indefinitely prevented the deployment.
Birthright citizenship is the first Trump immigration-related policy to reach the court for a final ruling. Trump’s order would upend more than 125 years of understanding that the Constitution’s 14th Amendment confers citizenship on everyone born on American soil, with narrow exceptions for the children of foreign diplomats and those born to a foreign occupying force.
In a series of decisions, lower courts have struck down the executive order as unconstitutional, or likely so, even after a Supreme Court ruling in late June that limited judges’ use of nationwide injunctions.
While the Supreme Court curbed the use of nationwide injunctions, it did not rule out other court orders that could have nationwide effects, including in class-action lawsuits and those brought by states. The justices did not decide at that time whether the underlying citizenship order is constitutional.
But every lower court that has looked at the issue has concluded that Trump’s order violates or most likely violates the 14th Amendment, which was intended to ensure that Black people, including former slaves, had citizenship.
The administration is appealing two cases.
The U.S. Court of Appeals for the 9th Circuit in San Francisco ruled in July that a group of states that sued over the order needed a nationwide injunction to prevent the problems that would be caused by birthright citizenship being in effect in some states and not others.

Legal Insight 2025/11/18 06:04
The acting chief of the Federal Emergency Management Agency left his job Monday after just six months, according to the Department of Homeland Security, the latest disruption in a year of mass staff departures, program cuts and policy upheaval at the agency charged with managing federal disaster response.
David Richardson, who in his brief term remained largely out of public sight, is leaving the post after he faced a wave of criticism for his handling of the deadly Texas floods earlier this year. He replaced previous acting head Cameron Hamilton in May.
DHS did not comment on the details of Richardson’s departure, but a FEMA employee familiar with the matter told The Associated Press that Richardson resigned. The employee spoke on condition of anonymity because they weren’t authorized to discuss the changes with the media.
The Washington Post first reported the news about Richardson’s resignation.
A former Marine Corps officer who served in Iraq and Afghanistan and also led the DHS Countering Weapons of Mass Destruction office, Richardson had no previous emergency management experience when he assumed the role of “senior official performing the duties of administrator” in May.
After replacing Hamilton, who was fired one day after telling a House appropriations committee that he did not think FEMA should be eliminated, Richardson vowed to help fulfill President Donald Trump’s goal to push more disaster recovery responsibilities to the states and told FEMA employees he would “ run right over ” anyone who tried to obstruct that mission.

Legal Insight 2025/11/07 08:24
U.S. Rep. Elise Stefanik, a close Republican ally of President Donald Trump, announced Friday that she’s running for governor of New York, a place she depicted in a campaign launch video as being “in ashes” because of lawlessness and a high cost of living.
In her video, a narrator declares “The Empire State has fallen” as it painted a grim picture of crime and economic crisis in New York City, though her message appeared to be aimed at other, more conservative parts of the state that she will need to win over next year.
“Under Kathy Hochul’s failed leadership, New York is the most unaffordable state in the nation with the highest taxes, highest energy, utilities, rent, and grocery prices crushing hardworking families,” Stefanik said in a statement.
Stefanik, who represents a conservative congressional district in upstate New York, has for months teased a run, leveling heavy criticism at incumbent Gov. Kathy Hochul and more recently toward Zohran Mamdani, the mayor-elect of New York City.
Last year, Trump picked Stefanik to be the administration’s ambassador to the United Nations, but later rescinded the nomination over concerns about Republicans’ tight margins in the House.
Though any Republican faces long odds of winning the governor’s mansion in New York, Stefanik’s campaign will bring solid name recognition, fundraising prowess and deep ties to the White House. Her campaign announced Friday that she has received the backing of nearly three-quarters of the state’s county Republican chairs.
In a statement, Hochul campaign spokesperson Sarafina Chitika called Stefanik “Donald Trump’s number one cheerleader in Congress.”
“Apparently, screwing over New Yorkers in Congress wasn’t enough — now she’s trying to bring Trump’s chaos and skyrocketing costs to our state,” Chitika said.
The Republican primary field remains unclear ahead of the 2026 race. U.S. Rep. Mike Lawler had been contemplating a run and was considered a potentially strong candidate, but said earlier this year that he would instead seek reelection in his battleground House district in the New York Hudson Valley.
Hochul faces a contested primary, with her own lieutenant governor, Antonio Delgado, running against her.
Stefanik, a Harvard graduate, was 30 when she was first elected to the House in 2014. She entered Congress as a moderate Republican but soon attached herself to Trump, reshaping her persona into more of a brash, outspoken MAGA disciple.
Her national profile got a big boost after she aggressively questioned a group of university presidents over antisemitism on their campuses, leading to two of their resignations and winning praise from the Republican president.
Democrats have a major voter registration edge in New York. The last Republican governor in the state was former Gov. George Pataki, who left office about two decades ago. Still, Republican Lee Zeldin, a former Long Island congressman and current head of the Environmental Protection Agency, made a serious run for the office in 2022, coming within striking distance of upsetting Hochul.

Legal Insight 2025/11/01 08:25
The national battle to control the U.S. House shifts to California on Tuesday as voters consider a Democratic proposal that could erase as many as five Republican districts and blunt President Donald Trump’s moves to safeguard his party’s lock on Washington power.
The outcome will reverberate into next year’s midterm elections and beyond, with Democrats hoping a victory will set the stage for the party to regain control of the House in 2026. A shift in the majority would imperil Trump’s agenda for the remainder of his term at a time of deep partisan divisions over immigration, health care and the future direction of the nation.
“God help us if we lose in California,” Democratic Gov. Gavin Newsom says.
Democrats need to gain just three seats in the 2026 elections to take control of the House.
Heavily Democratic California and its 52 congressional districts represent by far the Democrats’ best opportunity in an unprecedented state-by-state redistricting battle, which started when Texas Republicans heeded Trump’s demand that they redraw their boundaries to help the GOP retain its House majority. Democrats hold 43 of the state’s seats and hope to boost that to 48.
Trump is fighting not just the Democrats but history. Midterm elections typically punish the party in the White House, but four GOP-led states so far have adopted new district maps to pack more Republican voters into key districts.
Measure supported by Newsom, Obama
California’s Proposition 50 asks voters to suspend House maps drawn by an independent commission and replace them with rejiggered districts adopted by the Democratic-controlled Legislature. Those new districts would be in place for the 2026, 2028 and 2030 elections.
The recast districts aim to dilute Republican voters’ power, in one case by uniting rural, conservative-leaning parts of far northern California with Marin County, a famously liberal coastal stronghold across the Golden Gate Bridge from San Francisco.
The measure has been spearheaded by Newsom, who has thrown the weight of his political operation behind it in a major test of his mettle ahead of a potential 2028 presidential campaign. Former President Barack Obama has urged voters to pass it as well.
Newsom has sought to nationalize the campaign, depicting the proposal as a counterweight to all things Trump.
“Republicans want to steal enough seats in Congress to rig the next election and wield unchecked power for two more years,” Obama says in one ad. “You can stop Republicans in their tracks.”
Critics say two wrongs don’t make a right. They urge Californians to reject what they call a Democratic power grab, even if they have misgivings about Trump’s moves in Republican-led states.
Among the most prominent critics is Arnold Schwarzenegger, the movie star and former Republican governor who pushed for the creation of the independent commission, which voters approved in 2008 and 2010. It makes no sense to fight Trump by becoming him, Schwarzenegger said in September, arguing that the proposal would “take the power away from the people.”
“I don’t want Newsom to have control,” said Rebecca Fleshman, a 63-year-old retired medical assistant from Norco in Southern California, who voted against the measure. “I don’t want the state to be blue. I want it to be red.”
After an early burst of TV advertising, opponents of the plan have struggled to raise cash in a state with some of the nation’s most expensive media markets. Data compiled by advertising tracker AdImpact last week showed Democrats and other supporters with over $5 million in ad buys booked on broadcast TV, cable and radio. But opponents had virtually no time reserved, though the data didn’t include some popular streaming services like Hulu and YouTube or mail advertising.
Total spending on broadcast and cable ads topped $100 million, with more than two-thirds of it coming from supporters. Newsom told people to stop donating in the race’s final weeks.
Trump, who overwhelmingly lost California in his three presidential campaigns, largely stayed out of the fray. A week before the election, he urged voters in a social media post not to vote early or by mail — messaging that conflicts with that of top Republicans in the state who urged people to get their ballots in as soon as possible.
Democrats hope to pick up as many as five seats in California if voters approve the new boundaries, offsetting the five that Republicans hope to pick up through their new Texas maps. Republicans also expect to gain one seat each from new maps in Missouri and North Carolina, and potentially two more in Ohio.
Congressional district boundaries are typically redrawn every 10 years to reflect population shifts documented in the census. Mid-decade redistricting is unusual, absent a court order finding fault with the maps in place.
Five other GOP-led states are also considering new maps: Florida, Indiana, Kansas, Louisiana and Nebraska. On the Democratic side, Colorado, Illinois, Maryland, New York and Virginia have proposals to redraw maps, but major hurdles remain.
A court has ordered new boundaries be drawn in Utah, where all four House districts are represented by Republicans, but it remains to be seen if the state will approve a map that makes any of them winnable for Democrats.

Legal Insight 2025/10/29 08:26
Voters and leading contenders cast their ballots across the Netherlands on Wednesday in a close-run snap election called after anti-Islam lawmaker Geert Wilders brought down the last four-party coalition in a dispute over a crackdown on immigration.
The campaign echoed issues that resonate across Europe, focusing on how to rein in migration and tackle chronic shortages of affordable housing.
But in a country where coalition governments are the norm, it’s unclear if parties will work with Wilders again, even if his Party for Freedom repeats its stunning victory from two years ago.
Mainstream parties have already ruled that out, arguing that his decision to torpedo the outgoing four-party coalition in June in a dispute over migration underscored that he is an untrustworthy partner.
“It’s up to the voters today,” Wilders said after voting in the cavernous atrium of The Hague City Hall, surrounded by security guards. “It’s a close call … four or five different parties. I’m confident.”
Voters and leading contenders cast their ballots across the Netherlands on Wednesday in a close-run snap election called after anti-Islam lawmaker Geert Wilders brought down the last four-party coalition in a dispute over a crackdown on immigration.
The campaign echoed issues that resonate across Europe, focusing on how to rein in migration and tackle chronic shortages of affordable housing.
But in a country where coalition governments are the norm, it’s unclear if parties will work with Wilders again, even if his Party for Freedom repeats its stunning victory from two years ago.
Mainstream parties have already ruled that out, arguing that his decision to torpedo the outgoing four-party coalition in June in a dispute over migration underscored that he is an untrustworthy partner.
“It’s up to the voters today,” Wilders said after voting in the cavernous atrium of The Hague City Hall, surrounded by security guards. “It’s a close call … four or five different parties. I’m confident.”
Migration has divided the Netherlands
The vote comes against a backdrop of deep polarization in this nation of 18 million, violence at a recent anti-immigration rally in The Hague and protests against new asylum-seeker centers.
Voting was taking place at venues from city halls to schools, but also historic windmills, churches, a zoo, a former prison in Arnhem and the iconic Anne Frank House museum in Amsterdam.
Olga van der Brandt, 32, said she thinks voters may turn their backs on parties that made up the last right-wing government led by Wilders.
Her hope is that “this time there will be a more progressive party who can take the lead.”
Christian Democrats leader Henri Bontenbal agreed that a fundamental shift in Dutch politics was at stake.
“What we have seen in the last two years is a political landscape with right-wing populism, and the question is, is it possible to beat populism by decent politics,” he said.
In-fighting between parties in the last coalition led to criticism that the Netherlands, long a prominent voice within the European Union, was sometimes seen as not fully engaging with the continent as it had done under longtime leader Mark Rutte, who is now NATO’s secretary-general.
The chief economist at the Center for European Reform think tank, Sander Tordoir, said that “Europe cannot afford another Dutch government that drifts and is absent in the European debate.”
Tordoir noted that the Netherlands is one of the biggest and better performing eurozone economies and that if it “remains missing in action, Europe’s single market, defense effort and economic security will suffer.”
Wilders’ party poised for a win
Polls suggest that Wilders’ party, which is calling for a total halt to asylum-seekers entering the Netherlands, remains on track to win the largest number of seats in the 150-seat House of Representatives. But other more moderate parties are closing the gap and pollsters caution that many people wait until the very last minute to decide who to vote for.
Among those first in line at the ornate former City Hall in the central city of Delft, wearing bathrobes and carrying mugs of coffee, was a group of students who live together and study at the local university.
“It’s a house tradition” to vote together, Lucas van Krimpen told The Associated Press.
Polls close at 9 p.m. followed by an initial exit poll.
The Dutch system of proportional representation all but guarantees that no single party can win a majority. Negotiations will likely begin Thursday into the makeup of the next governing coalition.
Rob Jetten, leader of the center-left D66 party that has risen in polls as the campaign wore on, said in a final televised debate that his party wants to rein in migration but also accommodate asylum-seekers fleeing war and violence.
And he told Wilders that voters can “choose again tomorrow to listen to your grumpy hatred for another 20 years, or choose, with positive energy, to simply get to work and tackle this problem and solve it.”
Wilders rejects arguments that he had failed to deliver on his 2023 campaign pledges despite being the largest party in parliament, blaming other parties for stymying his plans.
