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Talk of Supreme Court Justice Sonia Sotomayor retiring and having her seat filled before President-elect Donald Trump takes office is ‘idle speculation’ and not ‘realistic,’ a top Democrat says. 

Senate Judiciary Chair Dick Durbin, D-Ill., made the comments to Politico following reports that Democrats are discussing whether to call on the 70-year-old to vacate her seat to avoid potentially giving Trump the opportunity to replace her if she retires following his return to the White House in January. 

‘Whoever makes those calls [for a retirement] can’t count,’ Durbin told Politico. ‘Take a look at the calendar and tell me how in the world you could achieve that without setting aside the budget and the defense authorization act and all the other things that need to be done? I don’t think it’s a realistic idea.’ 

Last week, a Democratic senator also said to Politico: ‘She can sort of resign conditionally on someone being appointed to replace her. But she can’t resign conditioned on a specific person. What happens if she resigns and the nominee to replace her isn’t confirmed, and the next president fills the vacancy?’ 

Sotomayor is one of the three justices on the Supreme Court appointed by a Democratic president. 

Democrats lost their Senate majority to Republicans in the 2024 election and only have about two months left of control in the chamber. 

People close to Sotomayor recently told The Wall Street Journal that she has no plans to step aside from her position. 

‘This is no time to lose her important voice on the court. She just turned 70 and takes better care of herself than anyone I know,’ one source told the newspaper. 

Fox News’ Aubrie Spady contributed to this report. 

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Just over a week after his sweeping election victory, former and future President Trump returns to the White House on Wednesday.

Trump is returning to 1600 Pennsylvania Ave., his first time back in nearly four years, at the invitation of the man he knocked out of the 2024 White House race: President Biden.

The two presidents will sit down in the Oval Office around 11 a.m. ET, according to the White House.

For Biden, who ended his re-election bid in July a month after his disastrous debate performance against Trump reignited questions over whether the 81-year-old president was physically and mentally up for another four years in the White House and sparked calls for him to drop out of the race, the meeting with his predecessor and now successor may be awkward.

Trump spent years verbally eviscerating Biden and his performance in the White House. And even after Biden ended his re-election bid, Trump continued to slam the president and his successor atop the Democrats’ 2024 ticket, Vice President Harris.

And Biden for a couple of years has labeled Trump a threat to the nation’s democracy.

But Biden, a traditionalist, wants to ensure a smooth transition between administrations.

‘I assured him that I’d direct my entire administration to work with his team,’ the president said of his call last week with Trump after the election when he made the invitation. 

Trump’s team, in an apparent change of tone toward Biden, said the president-elect ‘looks forward to the meeting.’

Biden’s offer to Trump to visit the White House was an invitation he himself was never accorded.

Four years ago, in the wake of his election defeat at the hands of Biden, Trump refused to concede and tried unsuccessfully to overturn the results.

Breaking with longstanding tradition, Trump didn’t invite Biden to the White House. And two weeks after the Jan. 6, 2021, riot at the U.S. Capitol by Trump supporters aiming to upend congressional certification of Biden’s Electoral College victory, Trump left Washington ahead of the presidential inauguration of his successor, becoming the first sitting president in more than a century to skip a successor’s inauguration.

‘President Biden’s decision to welcome President-elect Trump to the White House is a tribute to normalcy in the presidential transition process. What was denied to Joe Biden following his election is being restored to Biden’s credit,’ veteran political scientist Wayne Lesperance told Fox News.

Lesperance, the president of New Hampshire-based New England College, called the invitation by Biden ‘a remarkable gesture in that it legitimizes Trump’s return to power by the nation’s leading Democrat and, hopefully, will be met with a commitment to orderly transitions in the future.’

The meeting will be the first between Biden and Trump since they faced off in their one and only debate on June 27 in Atlanta. The two presidents, along with Harris and Trump’s running mate, now-Vice President-elect Sen. JD Vance, stood next to each other on Sept. 11 in New York City’s Lower Manhattan at ceremonies for the 23rd anniversary of the 9/11 terrorist attacks.

This will be Trump’s second meeting at the White House with a departing president.

Eight years ago, after defeating Democrat nominee Hillary Clinton, Trump sat down at the White House with President Obama, who was finishing up his second term.

‘We now are going to want to do everything we can to help you succeed. Because, if you succeed, then the country succeeds,’ Obama told Trump at the time.

While a tradition, the meeting between the incoming and outgoing presidents is not mandated.

A big question mark heading into the meeting: Will the vice president join Biden and Trump for any portion of the gathering?

Harris phoned Trump last week and congratulated him on his victory over her.

The last time a sitting vice president ran for president and lost was 24 years ago when then-Vice President Al Gore narrowly lost to then-Texas Gov. George W. Bush.

Gore ended up joining Bush and outgoing President Clinton in the Oval Office for what was said to be a very awkward meeting.

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House Republicans are gathering behind closed doors Wednesday to elect their leaders in the next Congress.

Speaker Mike Johnson, R-La., Majority Leader Steve Scalise, R-La., and Majority Whip Tom Emmer, R-Minn., are all running for their current roles again with no stated challengers as of Tuesday afternoon.

National Republican Congressional Committee Chair Richard Hudson, R-N.C., is also running for another term.

Each of the four leaders will still have to pitch themselves to the House Republican Conference on Wednesday morning, and the election is expected later that afternoon.

But contests are expected for the No. 5 and No. 6 House GOP leadership roles. Three House Republicans have confirmed they are running for House GOP conference chair: Reps. Erin Houchin, R-Ind., Kat Cammack, R-Fla., and Lisa McClain, R-Mich.

Rep. Elise Stefanik, R-N.Y., is not running for the role again after she was tapped to be ambassador to the United Nations in the new Trump administration.

That position is in charge of overseeing and executing the conference’s messaging as well as setting up conference-wide meetings.

Two Republicans are also vying for the role of House GOP policy committee chair: Republican Study Committee Chair Kevin Hern, R-Okla., is challenging current Policy Committee Chair Gary Palmer, R-Ala.

Hern, who is term-limited for leading the House GOP’s de facto conservative think tank, has been actively campaigning for the role.

Fox News Digital obtained fliers on Tuesday that Hern’s staff was distributing to fellow Republicans touting Hern’s endorsement for the low-level leadership role.

Even if Wednesday’s elections come together drama-free, Johnson will have to work to win the support of hard-line Republican skeptics – some of whom have already signaled they will need to be persuaded by the speaker – in time for the House-wide vote for speaker in January.

Electing a House speaker requires a full majority vote in the House. While the final numbers are still up in the air, Republicans are widely expected to keep the majority by just single digits.

It means Johnson can afford precious little dissent to win the gavel again and avoid a scenario like the infamous 15-round vote for House speaker that ex-Speaker Kevin McCarthy, R-Calif., endured in early 2022.

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Elon Musk, who was selected by President-elect Donald Trump to head the Department of Government Efficiency (DOGE) with former Republican presidential candidate Vivek Ramaswamy, shared some insight on X on Tuesday into how the department will operate.

Musk said that the department will take suggestions and concerns from everyday Americans regarding how the government spends money.

‘Anytime the public thinks we are cutting something important or not cutting something wasteful, just let us know!’ Musk said in part in the X post.

Musk also said all the department’s actions ‘will be posted online for maximum transparency.’

‘We will also have a leaderboard for [the] most insanely dumb spending of your tax dollars. This will be both extremely tragic and extremely entertaining,’ he wrote.

When announcing the new department on Tuesday, Trump said its purpose will be to ‘dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies.’

‘DOGE’ will advise and guide the administration by utilizing knowledge from outside of government and will partner with the White House and the Office of Management and Budget to ‘drive large scale structural reform.’

Musk and Ramaswamy, both of whom are successful entrepreneurs, have been adamant about their desires to cut unnecessary spending in order to reduce the government’s debt of at least $35 trillion.

‘This will send shockwaves through the system, and anyone involved in government waste, which is a lot of people!’ Musk said.

Ramswamy also said he and Musk ‘will not go gently’ shortly after Trump announced their new roles.

Musk and Ramaswamy are the latest additions to Trump’s administration after a busy few days loaded with appointments.

The latest include South Dakota Gov. Kristi Noem for Homeland Security secretary, Fox News’ Pete Hegseth for defense secretary, former Arkansas Gov. Mike Huckabee as ambassador to Israel, and John Ratcliffe for CIA director.

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Tensions were high among House Republicans on Tuesday with a group of GOP hardliners threatening to protest Speaker Mike Johnson’s leadership during the next day’s House GOP Conference leadership elections.

Three sources told Fox News Digital that members of the conservative House Freedom Caucus were exploring ways to show their discontent with House GOP leaders during the closed-door races to decide who will likely lead the majority next year.

Meanwhile, those threats sparked frustration among rank-and-file House Republicans, including one lawmaker who said such discussions were ‘just more stupid.’

The heart of the issue lies in proposed rule changes that the House GOP Conference will also vote on, including a measure pushed by some Republicans to punish colleagues who purposely sink their own party’s legislation on the House floor by stripping their committee assignments.

Johnson told Politico on Tuesday evening that he would not support ‘punitive’ measures against people who blockade the House floor, but sources signaled that would not be enough.

‘There’s a difference between saying, ‘I don’t support it’ and ‘I’m going to stop it.’ That’s a big difference,’ one source said. ‘His easy route is just to say, ‘All right, no rules changes. We’re just going to go forward.’’

Reports indicated earlier that Freedom Caucus members were looking for a candidate to challenge Johnson – something its chairman did not rule out.

‘Having two people in a race is kind of the norm,’ Chairman Andy Harris, R-Md., told reporters when asked if his group was putting up a candidate. ‘We can do this Soviet-style, or we can do it American-style.’

But no one candidate appeared to emerge as of Tuesday night, though Fox News Digital’s sources said conservatives could still coalesce around someone.

Instead, Johnson’s GOP critics could seek a recorded vote where they could either simply vote against his candidacy for speaker or write another name in via secret ballot, Fox News Digital was told.

The discord comes as President-elect Donald Trump plans to address House Republicans on Wednesday morning ahead of their leadership races, two other sources familiar with planning told Fox News Digital.

Several GOP lawmakers who spoke with Fox News Digital were frustrated that the public chaos that permeated the 118th Congress could once again rear its head – this time, when Republicans were poised to control all the levers of power in Washington.

‘Frankly, I am tired of the instigators. I am tired of the conflict for the sake of conflict-type nonsense that happened last session,’ Rep. Greg Murphy, R-N.C., told Fox News Digital.

Asked if lawmakers who help lead that charge should face consequences, Murphy said, ‘Absolutely. You can put that with an exclamation mark.’

Another GOP lawmaker said they were concerned about whether such a protest would lead to another messy House floor fight over the speakership, similar to the 15 rounds of voting ex-Speaker Kevin McCarthy, R-Calif., faced nearly two years ago.

‘What would worry me is if they’re willing to take that battle to the floor again. That’s where it doesn’t serve any kind of positive purpose at that point,’ that lawmaker said.

Rep. Ashley Hinson, R-Iowa, posted on X, ‘Enough is enough with the unserious political games – we have work to do.’

Others who have criticized Johnson in the past – like Reps. Marjorie Taylor Greene, R-Ga., and Anna Paulina Luna, R-Fla. – signaled little appetite for supporting a challenger against Johnson, particularly if Trump backs the speaker on Wednesday morning.

The Hill was first to report that House Freedom Caucus members were seeking a challenger to Johnson.

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President-elect Donald Trump announced on Tuesday that he will appoint South Dakota Gov. Kristi Noem to serve as secretary of the Department of Homeland Security (DHS) in his upcoming administration.

Noem, who was once considered a potential running mate for Trump, has served as governor of the Mount Rushmore State since 2019. Before becoming governor, Noem was South Dakota’s at-large congresswoman from 2011 to 2019.

The DHS oversees U.S. Customs and Border Protection, Immigration and Customs Enforcement, the U.S. Secret Service and the Federal Emergency Management Agency. Sources previously told Fox News Digital that Trump would select Noem to lead the DHS.

In a statement released on Tuesday night, the Trump transition team said the South Dakota governor has a ‘very strong’ track record on border security.

‘She was the first Governor to send National Guard Soldiers to help Texas fight the Biden Border Crisis, and they were sent a total of eight times,’ the statement reads. 

‘She will work closely with ‘Border Czar’ Tom Homan to secure the Border, and will guarantee that our American Homeland is secure from our adversaries.’

On X, Noem wrote that she was ‘honored and humbled’ by the appointment.

‘I look forward to working with Border Czar Tom Homan to make America SAFE again,’ the Republican wrote. ‘With Donald Trump, we will secure the border and restore safety to American communities so families will again have the opportunity to pursue the American Dream.’

Noem’s forthcoming appointment to the position came as one of many bombshell announcements on Tuesday. The Trump transition team also announced that Pete Hegseth will be nominated to serve as secretary of the Department of Defense and that Elon Musk and Vivek Ramaswamy will lead the new Department of Government Efficiency.

Speaking to ‘Your World’ host Neil Cavuto, Noem said last week that Trump has spoken to her personally about his focus ‘on big things.’

‘He knows he only has four years, and he wants to hit the ground running,’ Noem said. ‘And he said anybody that I want around me needs to be thinking big, too.’

Fox News Digital’s Elizabeth Pritchett contributed to this report.

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President-elect Trump announced that billionaire Elon Musk and former GOP presidential candidate Vivek Ramaswamy will lead the Department of Government Efficiency.

Trump said that the pair will work together to ‘dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.’

‘It will become, potentially, ‘The Manhattan Project’ of our time,’ the announcement on Tuesday evening said. ‘Republican politicians have dreamed about the objectives of ‘DOGE’ for a very long time.’

The president-elect said that Musk and Ramaswamy will provide ‘advice and guidance from outside of Government, and will partner with the White House and Office of Management & Budget to drive large scale structural reform, and create an entrepreneurial approach to Government never seen before.’

Trump said that the agency will be focused on creating a more efficient U.S. government that looks to make ‘life better for all Americans.’

‘Importantly, we will drive out the massive waste and fraud which exists throughout our annual $6.5 Trillion Dollars of Government Spending. They will work together to liberate our Economy, and make the U.S. Government accountable to ‘WE THE PEOPLE.” Trump said. 

‘Their work will conclude no later than July 4, 2026 – A smaller Government, with more efficiency and less bureaucracy, will be the perfect gift to America on the 250th Anniversary of The Declaration of Independence. I am confident they will succeed!’

In a X post, Ramaswamy reacted to his appointment.

‘We will not go gently, Elon Musk,’ he wrote in the post.

Ramaswamy has been a vocal supporter of Trump after he suspended his presidential campaign in Jan. 24.

Similarly, Musk has been a key component to Trump’s campaign – with the tech entrepreneur crisscrossing key battleground states leading up to the 2024 election.

In response to his position in Trump’s White House, Musk wrote: ‘Threat to democracy? Nope, threat to BUREAUCRACY!!!’

The world’s richest man, who said he voted for former Democratic presidential candidates including President Biden in the past, endorsed Trump this summer following the first assassination attempt on the 45th president on July 13. 

The slew of Trump Cabinet positions came quickly after the president-elect’s landslide victory against Vice President Kamala Harris.

Trump has selected top Republicans, with the president-elect expected to select Florida Sen. Marco Rubio to serve as his Secretary of State and South Dakota Gov. Kristi Noem as secretary of Homeland Security. 

In addition, Rep. Elise Stefanik, R-N.Y., has been tapped for United Nations ambassador and former Arkansas Gov. Mike Huckabee as ambassador to Israel.

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William McGinley is returning to the Trump White House to serve as his White House Counsel, President-elect Trump announced.

‘I am pleased to announce that William Joseph McGinley will serve as my White House Counsel,’ the appointment announcement noted. ‘Bill is a smart and tenacious lawyer who will help me advance our America First agenda while fighting or election integrity and against the weaponization of law enforcement.’

The White House Counsel typically plays a key behind-the-scenes role in vetting Supreme Court candidates and nominees.

Having already picked three Supreme Court justices in his first term, Trump will have appointed a majority of the court if he lands two more in his second term.

McGinley served in the first administration for Trump as the White House Cabinet secretary as well as serving as General Counsel at the National Republican Senatorial Committee. 

Prior to his political appointments, he was a partner at two international law firms.

Fox News’ William Mears Jr. contributed to this report.

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John Ratcliffe, who served as President-elect Trump’s principal intelligence advisor during his first presidential term, will serve as the director of the Central Intelligence Agency when Trump moves back into the White House.  

Ratcliffe is one of several appointees announced in the past week who will fill key positions during Trump’s second term. 

‘From exposing fake Russian collusion to be a Clinton campaign operation, to catching the FBI’s abuse of Civil Liberties at the FISA Court, John Ratcliffe has always been a warrior for Truth and Honesty with the American Public,’ Trump said in a statement. ‘When 51 intelligence officials were lying about Hunter Biden’s laptop, there was one, John Ratcliffe, telling the truth to the American People.’

Trump honored Ratcliffe in 2020 with the National Security Medal, the highest honor for distinguished achievement in the field of intelligence and national security.

Ratcliffe previously served under Trump as Director of National Intelligence (DNI). 

‘In that role, Ratcliffe served as the leader of the U.S. intelligence community and principal intelligence advisor to President Trump. Before that role, Ratcliffe served in Congress for over five years as the U.S. representative for the 4th Congressional District of Texas.

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Despite his own isolationist musings, the first picks of President-elect Donald Trump’s incoming administration hail from a decidedly more traditionalist wing of the Republican Party.

On Tuesday, Trump formally announced that Rep. Michael Waltz, R-Fla., would be his national security adviser. Sources have said Trump is set on tapping Sen. Marco Rubio, R-Fla., for secretary of state.

Together with New York Rep. Elise Stefanik — set for the role of ambassador to the United Nations — the trio is expected to further a staunchly pro-Israel agenda.

Ukrainian advocates are also somewhat relieved. 

‘Kyiv looks at these appointments with some quiet relief — they clearly know there’s room for engagement,’ one source familiar with Ukrainian operations told Fox News Digital. They added that after a Biden administration that they believe has been overly fearful of escalating U.S. involvement in the war with Russia, ‘a not insignificant number of senior Ukrainian officials are cautiously optimistic about what a change of pace might look like. 

Waltz, who once served as a counterterrorism adviser to former Vice President Dick Cheney, is widely regarded as a hawk on China and Iran. He was vociferously opposed to President Joe Biden’s withdrawal from Afghanistan. 

‘What no one can ever do for me, including this administration right now, is articulate a counterterrorism plan that’s realistic without us there,’ Waltz said in an interview days after the withdrawal. 

The former Army Green Beret officer and ex-CEO of a defense contracting company introduced legislation during the first Trump administration that would have prevented a mass troop drawdown in Afghanistan unless the director of national intelligence certified that the Taliban would not associate with al-Qaeda. 

‘I think we’re in for a long haul and I think our nation’s leadership needs to begin telling the American people, ‘I’m sorry. We don’t have a choice. We’re 15 years into what is going to be a multi-generational war because we’re talking about defeating an idea,” Waltz said about Afghanistan at the Conservative Political Action Conference in 2017.

Waltz voted for keeping the Iraq War Authorization on the books in 2021 and voted against ending U.S. support for the Saudi war in Yemen. 

In an interview with NPR last week, Waltz said the war between Russia and Ukraine can end if the U.S. applies some leverage. 

Russia’s ‘war machine will dry up very quickly’ with U.S. economic sanctions, Waltz said, as well as ‘taking the handcuffs off of the long-range weapons we provided Ukraine.’ Biden has long refused to allow Ukraine to use U.S. weapons to strike deep inside Russia. 

Last month, when Israel conducted a counterstrike on Iran’s military targets, Waltz bemoaned that it hadn’t gone after Iran’s oil and nuclear facilities. ‘Did Biden/Harris pressure Israel once again to do less than it should?’ he questioned. 

Rubio, meanwhile, is a noted hawk on China, Iran and Venezuela, where he has been working to unseat dictator Nicolas Maduro. 

Rubio, at one time, supported U.S. aid to Ukraine, but when the matter came up again earlier this year, he was one of 15 Republicans to vote against a supplemental funding package, citing insufficient border provisions. 

He’s been a strong proponent of U.S. support for Taiwan. When Trump raised concerns about the U.S.’s support for Taiwan and suggested the island should pay the U.S. for its defense, Rubio predicted Trump would ‘continue to support Taiwan’ if he reclaimed the White House.

Like Trump, both Waltz and Rubio have been critical of NATO allies for not spending enough on defense. Rubio has insisted Europe should ‘take the lead’ on its defense: ‘Germany, France, and the United Kingdom are more than capable of managing their relationship with the nuclear-armed belligerent to their east. But they’ll never take ownership so long as they can rely on America.’

Rubio cosponsored legislation last year that would bar any president from pulling the U.S. from NATO without congressional approval, a measure that was seen as a precaution if Trump were to win the presidency and follow through with his frequent threats to abandon the alliance.

His pick triggered some backlash from some Trump die-hards who view him as too hawkish. 

‘Apparently there hasn’t been a SOS pick yet FYSA [for your situational awareness],’ posted Rep. Anna Paulina Luna (R-Fla.) late Monday on X, after news outlets began reporting Trump had settled on Rubio. 

Libertarian-minded comedian Dave Smith said Tuesday that Rubio is ‘a disaster.’

‘Might as well give Liz Cheney the State Department,’ Smith wrote. ‘Awful sign.’

Stephen Wertheim, a senior fellow at the Carnegie Endowment for International Peace, said that Waltz and Rubio signal ‘above all, a hard line toward China not only on economics but across the board — on political, military, and ideological competition.’ 

‘The picks leave me wondering whether Trump will deliver on his sometimes restrained foreign policy promises, including his stated desire to end the war in Ukraine sooner rather than later and to see Israel wrap up its wars,’ he said. ‘I’m getting flashbacks to the first Trump administration.’

But, he added, ‘Rubio is no longer quite the Rubio many remember from 2016.’ 

‘Rubio seems to understand that the United States faces resource constraints and needs to set strategic priorities in an increasingly competitive world.’

And some restraint-minded thinkers hold out cautious optimism. 

‘If [Rubio] channels Trump’s approach rather than pursuing his own agenda, he could redefine the state department’s role in a way that is both respected and effective abroad. Rubio knows that his future prospects are tied to his ability to execute Trump’s policy, not personal ambitions,’ said Jason Beardsley, senior coalitions adviser for Concerned Veterans for America. 

‘Having worked closely with Waltz, I can vouch for his deep understanding of America’s strategic priorities. He’s passionate about reforming the DoD from within and ensuring national security without overextending our military in costly, unnecessary engagements.’

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