President Biden is infuriating critics in the twilight of his term, unburdened by optics as he resorts to raw instincts — and seemingly a bit of trolling — to write the final pages of his polarizing presidency.

Why it matters: Biden's legacy will be defined, in many ways, by Donald Trump's reelection. But the 81-year-old president appears too proud to allow MAGA's rising tide to sweep him into premature irrelevance.

Zoom in: The conservative frenzy around Biden's lame-duck behavior began with the December pardon of his son, Hunter, which upset even some Democrats who saw the move as morally inconsistent.

• Two days before Christmas, Biden commuted the sentences of 37 out of 40 federal inmates on death row — drawing praise from criminal justice groups, but outrage from Republicans and some victims' families.
• Last week, Biden gave former Rep. Liz Cheney (R-Wyo.) — whom Trump has called to be prosecuted — the Presidential Citizens Medal for her work leading the House panel that investigated the Jan. 6 assault on the Capitol.

Then on Saturday, Biden honored Hillary Clinton and liberal philanthropist George Soros with the Presidential Medal of Freedom — a move that might as well have been lab-engineered for maximum MAGA meltdown.

Zoom out: Partisan catnip aside, the bulk of Biden's lame-duck agenda has been aimed at extending the longevity of his core policy themes, primarily through a flurry of rules and regulations finalized in recent weeks.

• The latest: New consumer rules banning medical debt from being included on credit reports, which the White House touted as an example of making "every day count" in advancing Biden's economic vision.
• Biden also issued a sweeping executive order Monday blocking about 625 million acres of offshore areas from future oil and gas drilling, potentially hindering Trump's plans to quickly scale up fossil fuel production.
• Trump expressed disbelief at the move on Hugh Hewitt's radio show Monday, and later complained on Truth Social: "Biden is doing everything possible to make the TRANSITION as difficult as possible."

Reality check: Incoming Trump chief of staff Susie Wiles told Axios that the White House has been "very helpful" during the transition, despite the policy differences.

• That's not to mention Congress' uneventful 30-minute certification of Trump's victory on Jan. 6 — a striking contrast with the unprecedented political violence of four years ago.

What they're saying: "After inheriting an economy in freefall and skyrocketing violent crime, President Biden is proud to leave his successor the best-performing economy on earth, the lowest violent crime rates in over 50 years, and the lowest border crossings in over four years," White House spokesman Andrew Bates told Axios in a statement.

Between the lines: Biden, who declared "America is back" when he took office four years ago, has remained deeply engaged on global issues as he seeks to Trump-proof his legacy.

• He's continued to rush aid to Ukraine, and after the election approved Kyiv's request to strike deep inside Russia with American-made missiles — prompting claims of sabotage from Trump and his allies.
• A staunch Zionist, Biden also has refused to bow to progressive pressure to cut off military support to Israel — and even approved an $8 billion arms sale last week, while still working to secure a hostage deal in Gaza.
• "I might be the oldest president, but I know more world leaders than any one of you have ever met in your whole goddamn life," a feisty Biden scolded reporters at the White House on Sunday.

The intrigue: The clearest sign of Biden relying on gut instincts in his final days is his decision to block Nippon Steel's $14.9 billion takeover of U.S. Steel — a position that he and Trump share.

• Biden overruled several of his top advisers, including Treasury Secretary Janet Yellen and national security adviser Jake Sullivan, in blocking the Japanese giant's acquisition, according to the Washington Post.
• Instead, "Scranton Joe" sided with the United Steelworkers union to ensure that the company remains American-owned — even at the risk of potential job losses and plant closures.

What to watch: The "Dark Brandon" era could end with preemptive pardons for Democrats and government officials targeted for retribution by Trump, including Anthony Fauci.

President-elect Trump's Middle East envoy Steve Witkoff will join negotiations over a Gaza hostage-release and ceasefire deal on Wednesday in Doha.

Why it matters: Witkoff's trip is part of a last-minute effort by the outgoing Biden administration and the incoming Trump administration to reach a deal to release hostages held by Hamas and establish a ceasefire in Gaza before Trump's inauguration on Jan. 20.

• Trump has threatened there would be "hell to pay in the Middle East" if Hamas didn't release the hostages by the time he is inaugurated. President Biden also made mediating a deal a top priority for his final months in office.

Driving the news: At a press conference in Mar-a-Lago on Tuesday, Witkoff said negotiators were "making a lot of progress" on a deal.

• "I'm really hopeful that by the inaugural, we'll have some good things to announce on behalf of the president," Witkoff said.
• Trump, who Wikoff described as "exasperated" when it comes to the Gaza deal, said on Tuesday that he doesn't want to say anything that could harm the negotiations but reiterated his threat.
• "If these hostages aren't back by the time I get into office, all hell will break out in the Middle East — it will not be good for Hamas or anybody else," Trump said.

100 hostages are still held by Hamas in Gaza, among them seven Americans. Roughly half of the hostages are believed to be still alive, according to Israeli intelligence, including three Americans.

• If an agreement is reached, the first phase could include the release of 33 hostages — some who are still alive and some who are dead.
• The first phase is also expected to include a ceasefire in Gaza for a period of between six and seven weeks and the release of hundreds of Palestinian prisoners, including those who murdered Israelis.

State of play: An eight-day round of indirect negotiations between Israel and Hamas during the last week of December didn't lead to a breakthrough. U.S., Egyptian and Qatari mediators said they managed to make some progress but not enough to get a deal.

• Last Friday, Israeli negotiators returned to Doha for another round of talks with the mediators. Biden's top Middle East adviser Brett McGurk also joined the talks on Sunday.
• An Israeli official said gaps remain between Israel and Hamas on almost all of issues being negotiated. He said that while it is going to be very hard to reach a deal by Jan. 20, there is "cautious optimism" that a deal could be reached in the next few weeks.

Yes, but: It isn't clear yet when Mossad director David Barnea is going to join the talks in Qatar. Israeli officials said not enough progress has been made to justify him going to Doha.

The other side: Hamas official Osama Hamdan said on Tuesday that the group and its supporters in Gaza are not afraid of Trump's threats "because they already live in hell" in Gaza.

• Hamadan said he doesn't think a deal will be reached by Jan. 20.
• Hamas official Ahmad Abdul Hadi told al-Mayadeen television network on Monday that the "decision is in Netanyahu's court" and reiterated Hamas' position that any deal would need to include an end to the war in Gaza and full Israeli withdrawal.

Behind the scenes: U.S. and Israeli officials say Hamas' top military leader in Gaza — Mohammed Sinwar, the brother of slain Hamas leader Yahya Sinwar — doesn't seem to be deterred by Trump's threat.

• The officials said Sinwar refuses to provide a list that clarifies which hostages that would be released in the first phase of the deal — which includes women, men over the age of 50, and men under the age of 50 who are in serious medical condition — are still alive.

The 119th House passed its first bill of 2025 Tuesday: The Laken Riley Act, which would require the detention of undocumented immigrants arrested for certain non-violent crimes such as theft.

Why it matters: It's a sign of just how central immigration and border security will be for Republicans under the incoming Trump administration.

• The party spent the last four years railing against what they said was the Biden administration's dereliction on border security.

Driving the news: The bill passed 264-159, with 48 Democrats siding with Republicans in voting for it

• The bill was one of a dozen pieces of legislation listed in the House GOP's rules package that passed last week, allowing it to be voted on under a streamlined process.

Zoom in: The measure is named for a 22-year-old nursing student who was killed on the University of Georgia campus last year by an undocumented immigrant who had previously been arrested on theft-related charges.

• The House previously passed the bill last March, with 37 Democrats voting in favor of it, but it did not get a vote in the then-Democratic Senate.
• Now Republicans control the Senate and plan to hold a vote on the bill, Axios' Stephen Neukam and Stef Kight reported.
• It's likely to get some Democratic support in the Senate, though it may not be enough to clear the chamber's 60-vote threshold.

The other side: Democratic leadership opposed the bill but did not formally whip against it, according to a notice sent out by House Minority Whip Katherine Clark's (D-Mass.) office.

• "The policies in this bill would ratchet up the number of mandatory detentions without increasing funding to carry them out," the whip notice said.
• It also argued that the bill would give conservative state attorneys general greater ability to block federal border policy.

President-elect Trump during a lengthy press conference on Tuesday did not rule out using the U.S. military to reclaim the Panama Canal or acquire Greenland.

Why it matters: Speaking for over an hour during his second press conference since winning the White House, Trump floated renaming the 'Gulf of Mexico' to 'Gulf of America' and reiterated that he's "looking at" pardoning Jan. 6 defendants.

Driving the news: Trump's far-reaching press conference comes just one day after Congress certified his 2024 presidential victory. Here's some of what he said:

• When asked by a reporter whether Trump would assure the world that he would not use military or economic coercion to gain control of Greenland and the Panama Canal, he said: "No, I can't assure you on either of those two."
• "I can say this, we need them for economic security," the president-elect said.
• Trump's remarks come as his son, Donald Trump Jr., is visiting Greenland on Tuesday, after the president-elect has signaled that the U.S. should try to acquire the territory.

Between the lines: Panamanian President José Raúl Mulino told the local newspaper La Estrella he will not respond to Trump's accusations about the Canal until the president-elect takes office Jan. 20.

• A defiant Mulino has previously suggested that Trump's comments didn't matter until he actually became president.

Gulf of Mexico: Trump also said that "we're going to be changing the name of Gulf of Mexico to the Gulf of America, which has a beautiful ring."

• His remarks, which raise questions about how the renaming process would actually work, are the latest example of Trump flexing his power on the global stage before he takes office.

Jan. 6 defendants: One day after the four year anniversary of the Capitol riot, Trump said that "we'll be looking at the whole thing, but I'll be making major pardons."

• He didn't specifically answer whether he would consider pardoning the Jan. 6 rioters who were charged with violent offenses.
• Trump on the campaign trail repeatedly said he would pardon the rioters who were charged in connection to Jan. 6 on his "first day" in office.

Hostages held by Hamas: Trump said that "all hell will break out in the Middle east" if the hostages held by Hamas are not released by the time he takes office.

• "And it will not be good for Hamas and it will not be good, frankly, for anyone. All hell will break out. I don't have to say anymore, but that's what it is."

Canada: Trump, who has mused about making Canada the 51st U.S. state, said that he would not use the military to make that happen but did not rule out using "economic force."

Zoom out: Trump earlier in his Tuesday press conference announced that billionaire Hussain Sajwani, chairman of Dubai-based developer Damac Properties, is investing at least $20 billion in the U.S. to back new data centers.

Go deeper: Trump announces $20 billion foreign investment in data centers

Axios' Ben Berkowitz contributed reporting.

Editor's note: This story has been updated with a response from Panamanian President José Raúl Mulino.

Senate Democrats are forcing a delay in Tulsi Gabbard's confirmation hearing next week, claiming she hasn't provided required vetting materials — while Republicans accuse them of playing games, Axios has learned.

Why it matters: It's the first taste of what's expected to be a drama-filled few weeks as the Senate takes up some of President-elect Trump's most controversial Cabinet picks.

• Sen. Mark Warner (D-Va.), the vice chair of the Senate Intelligence Committee, is balking at GOP requests to hold a hearing for Gabbard early next week, according to multiple sources familiar with the conversations.
• Gabbard, a former member of the House, is Trump's pick for national intelligence director.
• Warner has pointed out that the committee has not yet received Gabbard's FBI background check, ethics disclosure or a pre-hearing questionnaire, a source familiar with the matter told us. Committee rules require the background check a week in advance of a hearing.

The other side: Gabbard completed the background check process last week, according to a source working with the nominee. Her active security clearance also means the process will be expedited.

• Gabbard submitted an initial pre-hearing questionnaire and intends to submit a second on time and was given a Thursday deadline, the source said.
• Another source familiar said the ethics disclosures have been delayed for multiple nominees due to the snow and other logistics but are expected to come through soon.

Between the lines: Either way, without the materials or sign off from Democrats, the hearing for one of Trump's most vital national security officials could be pushed to late next week — if not the week following.

• Intel Committee Chairman Tom Cotton (R-Ark.) "intends to hold these hearings before Inauguration Day," a spokesperson told Axios. "The Intelligence Committee, the nominees, and the transition are diligently working toward that goal."
• "After the terrorist attacks on New Year's Eve and New Years Day, it's sad to see Sen. Warner and Democrats playing politics with Americans' safety and our national security," Trump transition spokesperson Alexa Henning told Axios in a statement, adding the nominee is willing to meet with every committee member.

The details: Committee rules hold that a confirmation hearing cannot be held until seven days after the panel receives "background questionnaire, financial disclosure statement, and responses to additional pre-hearing questions."

• That gives the Gabbard and the transition team just a couple days if the committee wants to easily set up a hearing for next week.
• Cotton could bypass that rule with a majority vote of the panel. But it would be a rare step for a committee that has long prided itself on bipartisanship.

The big picture: Gabbard is still making the rounds with Senate Democrats before the hearing and is scheduled to meet with Warner today.

• Gabbard will also meet with Sens. Mark Kelly (D-Az.) and Angus King (I-Maine) later this week, per a source. She has already met with Sen. Jon Ossoff (D-Ga.) — all members of the intelligence panel.

Meta announced Tuesday that it will end its fact-checking program on its platforms in exchange for X-style community notes as part of a slate of changes targeting "censorship" and embracing "free expression."

Why it matters: It's part of a growing trend among online platforms, which are shifting away from policing misinformation and content amid charges of bias. The shift will have consequences for digital safety and young users.

• The changes echo calls from the right to walk back "censorship" on social media and coincide with President-elect Trump's return to the White House.

Driving the news: Meta CEO Mark Zuckerberg outlined in a Tuesday post a series of content moderation reforms, impacting billions of users across Instagram, Facebook and Threads.

• Beyond replacing its fact-checkers, Meta will bring back more political content to its platforms and end restrictions on certain topics "out of touch with mainstream discourse," Zuckerberg said, "like immigration and gender."
• It will also adjust filters scanning for policy violations to only tackle illegal and "high severity" violations. Those include topics like terrorism, child sexual exploitation, drugs, fraud and scams, per a Tuesday release.
• Additionally, Zuckerberg said, the company's U.S. content review team will be moved to Texas from California, contending it will help Meta "build trust to do this work in places where there is less concern about the bias of our teams."

What they're saying: Joel Kaplan, Meta's chief global affairs officer, said on Fox & Friends on Tuesday that Meta's third-party fact-checkers have demonstrated "too much political bias."

• Kaplan, a prominent Republican, replaced Meta's policy chief Nick Clegg last week.
• Rules governing content on Meta's platforms have "become too restrictive over time," Kaplan said, "including about those kind of sensitive topics ... that people want to discuss and debate, immigration, trans issues, gender."
• He added, "If you can say it on TV, you can say it on the floor of Congress, you certainly ought to be able to say it on Facebook and Instagram without fear of censorship."

Context: Dropping fact-checking is also another step toward embracing MAGA for Meta.

• The company was quick to pledge a $1 million donation to Trump's inauguration.
• The company on Monday added three people to its board, including close Trump friend Dana White.

Flashback: Meta began to ramp up its fact-checking efforts following the 2016 U.S. election, when it was criticized for misinformation on its platform.

• It relied on a network of fact-checking partners that were part of a third-party consortium called the International Fact-Checking Network to do the fact-checks.
• By 2019, it had nearly quadrupled the number of fact-checking partners it worked with to combat misinformation globally.

Yes, but: Those efforts soon became politicized, with critics arguing its fact-checking partners were biased.

Zoom out: Meta did a lot to appease critics and dodge regulatory scrutiny during the first Trump era, even when those efforts were at odds with Zuckerberg's bigger vision of acting as a neutral platform for speech.

• The company invested millions of dollars in paying news partners globally, only to cut those investments when it changed its algorithm.
• Zuckerberg famously reversed the company's policies on Holocaust denialism following criticism.

The big picture: The politicization of fact-checking has contributed to a decline in the number of fact-checking sites globally, according to data from Duke Reporters' Lab, Axios has reported.

• In North America, the number of active fact-checking sites decreased from 94 to 90 from 2020 to 2023.

What to watch: In the U.S., fact-checking mostly serves as an exercise to ensure Meta doesn't get in trouble for allowing blatant political misinformation.

• But abroad, Meta's fact-checking network has been critical in stopping manipulation and abuses on its platforms, including posts that have led to real-world violence.

Go deeper: Meta deletes 2023 AI-generated profiles after uproar

Editor's note: This story was updated with additional details and context.

McDonald's on Monday said it is rolling back some of its diversity, equity and inclusion programs.

Why it matters: Backlash against corporate DEI efforts appears to be intensifying ahead of Donald Trump's inauguration.

• The president-elect has been an outspoken opponent of corporate diversity efforts.

Where it stands: In a letter to franchise owners, suppliers and current employees, McDonald's proclaimed its commitment to diversity and inclusion but said it would modify some practices after conducting a "civil rights audit."

• The fast food company cited the Supreme Court's ruling in 2023 that ended affirmative action in universities, and the shifting legal landscape.

Zoom in: The company said it would end "aspirational representation goals." That could include specific hiring targets that have come up for criticism in the wake of the Supreme Court's decision.

• It will pause "external surveys," which could include participation in the Human Rights Campaign's Corporate Equality Index.

Between the lines: The announcement came just days after anti-DEI activist Robby Starbuck first reached out to the fast food giant, he said in a post on X.

• Starbuck said the company made its decision just three days after he'd told them he'd be doing a story on their "woke policies," per his post.
• "As our first corporate flip of 2025 I just want to say, HAPPY NEW YEAR!," he posted to X.
• "Things move faster now because so many companies have hired consultants to pre-plan how to respond to me," Starbuck told Axios in a text, taking credit for the changes.
• His campaigns have led to similar retreats at Walmart, Tractor Supply Company, and John Deere.

Context: This update has been "considered over recent months," the company told Axios in an email from its press account.

• "Our plan has been to communicate our updated approach at the start of the year."
• The message on Monday noted the "evolving landscape around DEI policies and programs in the U.S."

Flashback: McDonald's has repeatedly hailed DEI as essential in the past.

• "We believe everyone deserves a safe, inclusive and accepting workplace where they can thrive," McDonald's global chief diversity officer Suheily Natal Davis said last year on LinkedIn.

Editor's Note: This story has been updated with comment from McDonald's.

Mark Zuckerberg moved further in the direction of MAGA on Monday, when he appointed three white men, including UFC chief executive and Trump friend Dana White, to the board of directors of Meta.

Why it matters: We're a long way from 2022, when Peter Thiel resigned from the same board in order to be able to support Trump-aligned candidates.

By the numbers: After Thiel's resignation, the Meta board was 44% female — five men and four women. Today, it's 23% female — 10 men and three women.

• In terms of corporate control, of course, only one vote matters. Thanks to his Class B shares, Zuckerberg will always have the final say.
• The company did not return a request for comment on the changes.

Between the lines: Seven of the 10 men — Marc Andreessen, John Arnold, John Elkann, Drew Houston, Hock Tan, Tony Xu, and Zuckerberg himself — are billionaires.

• White might not have reached the $1 billion mark quite yet, but he's well on his way.

Driving the news: The reinvention of Facebook can be seen in the departure of liberal Democrat Nick Clegg as the company's policy head, and his replacement by prominent Republican Joel Kaplan.

• It can also be seen in the $1 million that Meta donated to a Trump inauguration fund, a donation made by many other tech companies.

The bottom line: As Axios has reported, the fate of Big Tech over the next four years depends on who has Trump's ear at critical junctures.

• Zuckerberg seems to be doing everything he can to ensure that Meta is in exactly that position.

President Biden blocked Japan's Nippon Steel from buying U.S. Steel last week, earning the approval of the United Steelworkers union, which desperately wanted the deal crushed.

• But steel workers themselves may be less than enthused.

Why it matters: It's not at all clear that the president's pro-union move will actually wind up benefiting rank-and-file members of U.S. Steel or other workers in the Pennsylvania region where the storied company is based.

Catch up quick: U.S. Steel has warned that without a deal it would be forced to close some operations in Pennsylvania, where it employs close to 4,000 people.

• Most threatened, as Axios' Dan Primack has reported, is believed to be Mon Valley Works, a steel processing plant with more than 3,000 workers. U.S. Steel also said it might relocate its Pittsburgh headquarters.
• Industry observers have said the company's future is rocky without outside investment. That would deliver a huge blow to the Pennsylvania economy, hurting the voters that Biden had been wooing in blocking the deal.
• President-elect Trump was opposed to the deal and has an evolving relationship with organized labor himself, raising questions around if or how he might step in to help the workers. (He's also changed his mind on deals with national security complications before, like TikTok.)

Zoom in: While the union's top brass vehemently fought Nippon, it's not totally clear rank-and-file members lined up behind them.

• Many said they supported the deal, seeing it as a "lifeline" for a dying industry, as the Washington Post recently reported.
• Hundreds of workers staged a protest last month demanding the government let the deal go through.

Between the lines: Ostensibly, the deal was blocked due to national security concerns.

• Almost no observers or experts buy that argument, and some of Biden's closest advisers reportedly wanted the deal to happen.
• "President Biden claiming Japan's investment in an American steel company is a threat to national security is a pathetic and craven cave to special interests that will make America less prosperous and safe," Jason Furman, who chaired the Council of Economic Advisers in the Obama administration, posted on X last week. "I'm sorry to see him betraying our allies while abusing the law."

Japan is typically seen as a very low-risk investor country, says Alexis Early, a partner at Jenner & Block who specializes in CFIUS cases.

• If there were national security concerns over, say, the availability of steel for U.S. defense needs, CFIUS would typically try to mitigate that risk by requiring the foreign buyer to enter into a "supply assurance agreement," she says.
• The decision in this case leaves us "scratching our heads," she says, calling it a "brouhaha car-wreck" that's spooking low-risk foreign investors. The risk is some may decide to pull back. "That could hurt workers beyond the steel industry," she says.

Reality check: There are many unknowns ahead for U.S. Steel, amid lawsuits and the possibility that another buyer could jump in.

• So it's too soon to definitively say this will or won't hurt workers.
• The company's been steadily shedding workers for years from nearly 50,000 in 2008 to around 23,000 last year. At the height of its power, in the 20th century, U.S. Steel employed hundreds of thousands of workers.

What to watch: If layoffs do happen, then clearly this wasn't good for the rank and file, says Lee Adler, a lecturer at Cornell University's School of Industrial and Labor Relations.

• Or for the Democratic Party, since Biden and union leadership will catch the blame, he says. "This is a cauldron."

Republicans are set to control the legislative process in nearly twice the number of states as Democrats in 2025.

Why it matters: State laws can have an even greater impact on your life than those passed by Congress.

• Democratic lawmakers and governors, meanwhile, could be a bulwark against some of the incoming Trump administration's policies in states they control.

By the numbers: Republicans will control the legislative process in 24 states to Democrats' 15, per Cook Political Report.

• The process is split in 10 others, including Michigan, Minnesota, North Carolina and more.
• Nebraska, meanwhile, has a unicameral legislature unique among U.S. states — though the Cornhusker State has a Republican-leaning supermajority.

What they're saying: "Republicans notched the two biggest legislative victories" of Election Day 2024, per Cook's Matthew Klein: Flipping Michigan's House of Representatives and splitting the Minnesota House.

• Democrats ended Republicans' veto-proof supermajority in the North Carolina House, among other wins.

Yes, but: North Carolina lawmakers passed a bill last month stripping some power from state Democrats.

The bottom line: All politics, as they say, are local.

Hill leaders are setting up the first votes of the 119th Congress this week — on a bill at the center of a heated political debate over illegal immigration.

Why it matters: The expected votes in both chambers on the Laken Riley Act make clear Republicans plan to keep hitting the border issue — putting pressure on vulnerable Democrats trying to find their post-election footing.

Driving the news: The House will vote Tuesday on the bill, which requires the detention of undocumented immigrants who commit certain nonviolent crimes such as theft, according to a House leadership aide.

• Senate Majority Leader John Thune began the process to allow a vote on the Senate version of the bill — likely on Friday, a senior Senate GOP aide confirmed.
• The bill is named after a nursing student who was murdered last year by an undocumented immigrant who had previously been arrested on theft charges.

What they're saying: "I am thrilled that we're going to get moving," Sen. Katie Britt (R-Ala.) told us about the bill, which she introduced in the Senate last year.

• Britt anticipates the bill will get Democratic votes "if they're being honest about what we need to do to protect Americans."

What to watch: The bill already passed the House in 2024 with bipartisan support. It will need to pass the House again as it's a new Congress.

• Expect the bill to pick up Democrats in the Senate — though it's not clear it will be enough to overcome the 60-vote filibuster.
• Two House Democrats who voted in favor of the bill last year are now in the Senate — Sens. Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.).

At least one other Trump-state Democrat is expected to vote in favor, according to a source familiar.

• Sen. Jon Ossoff (D-Ga.) — Riley's home state senator — is up for reelection in 2026. Ossoff told us he would "carefully consider any legislation that comes to the floor of the Senate."

The bottom line: The Democratic support highlights the new reality for the party, which is still reeling from their 2024 losses.

• Democrats have been forced to move right on the immigration issue in particular, and are already signaling their willingness to work across the aisle on measures to secure the border.

President-elect Trump is seeking to stop special counsel Jack Smith from releasing a final report on the Republican leader's two dismissed federal criminal cases, per a letter included in court filings on Monday night.

The big picture: Monday's letter from Trump's attorneys to Attorney General Merrick Garland was included in filings from his former co-defendants in his dismissed classified documents case, Walt Nauta and Carlos De Oliveira.

The latest: Smith responded in a court filing Tuesday that it will be up to Garland to decide whether any part of the report will be released to the public.

• While Garland has not yet reached a decision, if he does choose to release any part of the report pertaining to the classified documents case, he won't do so before Jan. 10, Smith wrote.
• Smith added that he wouldn't submit his report to Garland until later Tuesday and would file a response to the defendants' motion Tuesday evening.

Driving the news: Both Trump's attorneys and lawyers for Nauta and De Oliveira wrote in the Monday letter that they reviewed a two-volume draft report in a conference room at Smith's office in Washington, D.C., from Friday to Monday.

• Attorneys for Nauta and De Oliveira said in the filings submitted to the U.S. District Court for the Southern District of Florida that the timeframe "reflects that public release is imminent."
• They noted that prosecutors are appealing the dismissal of charges against Nauta and De Oliveira in a federal appeals court in Atlanta.
• There remained "the threat of future criminal proceedings" that they argued would "be irreversibly and irredeemably prejudiced" by the release of a report from Smith, the pair's attorneys wrote.

The intrigue: Trump's lawyers said in their letter to Garland, "Equally problematic and inappropriate are the draft's baseless attacks on other anticipated members of President Trump's incoming administration, which are an obvious effort to interfere with upcoming confirmation hearings."

What we're watching: Trump's lawyers can't make Garland block the report's release, but they argue in their letter to Garland "because Smith has proposed an unlawful course of action, you must countermand his plan and remove him promptly."

• They added: "If Smith is not removed, then the handling of his report should be deferred to President Trump's incoming attorney general, consistent with the expressed will of the People."
• It's not clear if U.S. District Judge Aileen Cannon has the authority to direct the attorney general on the matter.
• Representatives for Garland and Smith did not immediately respond to Axios' requests for comment in the evening.

Zoom out: Smith moved to wind down his two federal criminal cases against Trump in the wake of the president-elect's election win in November.

• A judge that month granted Smith's request to drop all charges against Trump in the case alleging that he tried to overturn the 2020 presidential election results.
• Smith also asked a federal court in Florida in November to pause his appeal related to Cannon's dismissal of the classified documents case.

Go deeper: Trump pushes to halt New York hush money sentencing

Editor's note: This article has been updated with a new court filing from the special counsel's office and additional details throughout.

President Biden mourned with New Orleans Monday night at a prayer service at the St. Louis Cathedral.

Why it matters: The community gathering was meant to help begin the healing after a terrorist attack on Bourbon Street killed 14 people and injured at least 35 more.

The big picture: "New Orleans defines strength and resilience," Biden said, "whether it's in the form of this attack or hurricanes or superstorms. This city and its people get back up."

• He and First Lady Jill Biden laid flowers at the Bourbon Street memorial built by residents on their way to the cathedral. He also met two of the NOPD officers injured in the gunfight taking down the accused attacker.
• His comments at the service focused on grief, which he said he is too familiar with. His first wife and child were killed in a car wreck. His son died of brain cancer.
• "It's not the same," he said. "We know it's been five days staring at that empty chair around the kitchen table, without hearing their voice."
• "I promise you the day will come ... when the memory of your loved one will bring a smile to your lips before a tear to your eye. ... My prayer is that that day comes sooner rather than later."

Zoom in: Each of the names of the dead were read in the standing-room only cathedral: Kareem Badawi, Martin "Tiger" Bech, Drew Dauphin, Nikyra Cheyenne Dedeaux, William "Billy" DiMaio, Hubert Gauthreaux, Reggie Hunter, Terrence Kennedy, Nicole Perez, Edward Pettifer, LaTasha Polk, Brandon Taylor, Matthew Tenedorio and Elliot Wilkinson.

• Biden and others placed candles for the dead and injured, while more than a dozen faith leaders offered prayers for healing, unity and peace.
• There were rabbis, imams, bishops and deacons from across the city, reflecting the diversity of the victims and New Orleans. Pope Francis also sent a message.
• Gov. Jeff Landry, Mayor LaToya Cantrell, NOPD chief Anne Kirkpatrick, Congressman Troy Carter, Gayle Benson, Mitch Landrieu, City Council members, first responders, law enforcement and officials across the region packed the pews.

In the room: The feeling was solemn and surreal, with many attendees talking about events earlier in the day for Twelfth Night to kick off the Mardi Gras season.

• The Joan of Arc procession was lining up elsewhere in the French Quarter while the Voices of Peter Claver choir members were singing "Let There Be Peace on Earth" inside the cathedral.

McDonald's on Monday said it is rolling back some of its diversity, equity and inclusion programs.

Why it matters: Backlash against corporate DEI efforts appears to be intensifying ahead of Donald Trump's inauguration.

• The president-elect has been an outspoken opponent of corporate diversity efforts.

Where it stands: In a letter to franchise owners, suppliers and current employees, McDonald's proclaimed its commitment to diversity and inclusion but said it would modify some practices after conducting a "civil rights audit."

• The fast food company cited the Supreme Court's ruling in 2023 that ended affirmative action in universities, and the shifting legal landscape.

Zoom in: The company said it would end "aspirational representation goals." That could include specific hiring targets that have come up for criticism in the wake of the Supreme Court's decision.

• It will pause "external surveys," which could include participation in the Human Rights Campaign's Corporate Equality Index.

Between the lines: The announcement came just days after anti-DEI activist Robby Starbuck first reached out to the fast food giant, he said in a post on X.

• Starbuck said the company made its decision just three days after he'd told them he'd be doing a story on their "woke policies," per his post.
• "As our first corporate flip of 2025 I just want to say, HAPPY NEW YEAR!," he posted to X.
• "Things move faster now because so many companies have hired consultants to pre-plan how to respond to me," Starbuck told Axios in a text, taking credit for the changes.
• His campaigns have led to similar retreats at Walmart, Tractor Supply Company, and John Deere.

Context: This update has been "considered over recent months," the company told Axios in an email from its press account.

• "Our plan has been to communicate our updated approach at the start of the year."
• The message on Monday noted the "evolving landscape around DEI policies and programs in the U.S."

Flashback: McDonald's has repeatedly hailed DEI as essential in the past.

• "We believe everyone deserves a safe, inclusive and accepting workplace where they can thrive," McDonald's global chief diversity officer Suheily Natal Davis said last year on LinkedIn.

Editor's Note: This story has been updated with comment from McDonald's.

A Louisiana resident has died after being hospitalized for a severe case of H5N1 bird flu, the state's health department said Monday.

The big picture: This marks the first bird flu-related human death in the U.S. Louisiana's health department has not identified any additional cases of the illness or evidence of human transmission, the department said in a news release.

Zoom in: The patient, who became the first person hospitalized with severe bird flu in the country last month, was over the age of 65 and reportedly had underlying medical conditions, according to Louisiana officials.

• The person was exposed to sick and dead birds in a non-commercial backyard flock, as well as wild birds.

By the numbers: 66 cases of bird flu in humans have been reported so far, according to the Centers for Disease Control and Prevention.

State of play: To avoid contracting bird flu, people should not touch sick or dead animals or eat uncooked poultry, eggs and other animal products, including unpasteurized milk, the release said.

• "While the current public health risk for the general public remains low, people who work with birds, poultry or cows, or have recreational exposure to them, are at higher risk," the Louisiana Department of Health wrote.

President-elect Trump is set to visit Senate Republicans on Wednesday — after publicly siding with House Speaker Mike Johnson over how to pass major policy wins.

Why it matters: The new GOP trifecta needs to get on the same page before the much harder decisions come due.

• Some Senate Republicans want to convince Trump that it's in his interest to divide his "one big, beautiful bill" into two separate packages.
• Trump has backed one strategy and then the other — he just wants to get it all done. In a Hugh Hewitt interview on Monday, Trump indicated he would be fine with two bills too.

Between the lines: Wednesday's Senate GOP invite is a standing offer, we're told.

• Sen. Shelley Moore Capito (R-W.Va.) will host Trump at the upcoming meeting as policy chair and has made it clear he's welcome whenever he wants to come, according to a source familiar.
• Trump is expected to join the Senate GOP at its 6pm ET meeting. He'll be in town for the late President Jimmy Carter's funeral.

Zoom out: Some Republicans are agnostic on whether they should cram all their priorities into one massive package or move first on a border and deportation bill and then turn to tax legislation.

• Many are privately concerned that attempting to fit everything into one bill will condemn it to failure.

Zoom in: Johnson, fresh off his squeaker of a speaker's victory, knows math isn't his friend when he's looking for 218 votes.

• He is convinced he needs to wrap all of Trump's priorities — from ending taxes on tips to increasing border funding — into one massive bill and then convince his colleagues to all hold hands together, listen to Trump … and jump.
• Trump will host a series of House Republicans at Mar-a-Lago later this week, including members of the Freedom Caucus, people pushing to restore the SALT deduction and various committee chairs.

What they're saying: Two of Trump's most frequent phone buddies — Sens. Markwayne Mullin (R-Okla.) and Tommy Tuberville (R-Ala.) — said nothing's set in stone.

• "If we can get both of them done in one package, great, if we got to split them up, great," Mullin said. "All I'm saying is that I know that his Senate can deliver.
• "I had multiple conversations with the president. He just wants it. He just wants the legislation to become permanent."
• "Whatever they think they can do over there [in the House] is what we need to do," Tuberville told us. "I think it could still go either way."

The bottom line: Senate GOP leader John Thune tried to downplay the differing ideas, telling Punchbowl News the split over strategy is less important than the substance of what gets passed.

• But Trump and his Hill leaders have been clear they intend to move fast. A divide over mechanics could slow things down.
• The historically slim margins in the House could mean that Thune defers to Johnson based on what can pass the chamber.

As the bird flu outbreak grows, egg prices soar and food recalls mount, consumers may be left wondering whether it's safe to have that morning omelet.

The big picture: Yes, eggs sold at grocery stores remain safe for human consumption, according to U.S. Food and Drug Administration.

• "The likelihood that eggs from infected poultry are found in the retail market is low and proper storage and preparation further reduce the risk," an FDA spokesperson said in an email Friday.

Driving the news: The first bird flu-related human death in the U.S. was reported Monday in Louisiana.

• The person was exposed to sick and dead birds in a non-commercial backyard flock and to wild birds, state health officials said.

Yes, but: The risk of people becoming infected with bird flu through the consumption of contaminated shell eggs is low, the FDA and the the USDA Food Safety and Inspection Service found in a 2010 risk assessment.

• Kalmia Kniel, professor of animal and food sciences at the University of Delaware, told Axios that the poultry industry "has excellent biosecurity which is critical to reducing the risk of avian influenza and the spread of the virus to flocks."
• There is a routine testing program for chickens in commercial production, she added, and the industry monitors the birds carefully for signs of infection or illness.

Be smart: It's recommended that consumers buy eggs sold from a refrigerator and that they open the carton and make sure that the eggs are clean and the shells are not cracked, Kniel said via email on Friday.

• At home, refrigerate your eggs at a temperature of 40F or less, she added.
• It is generally advised to cook eggs until the white and the yolk are firm.
• "After cracking eggs and handling egg shells it is a good idea to wash your hands and also wipe any spills that may have occurred if cracking eggs and cooking with children," Kniel said.

The bottom line: Cooking poultry, eggs and other animal products to the proper temperature, in addition to preventing cross-contamination between raw and cooked foods, are key for food safety.

• To avoid contracting bird flu, people should also avoid touching sick or dead animals.

More from Axios:

• Bird flu causing egg prices to soar to new record high
• Why food recalls are mounting this year
• California declares emergency over bird flu outbreak

Coming out of the House chamber Monday after certifying President-elect Trump's 2024 victory, Democrats argued that their party set an example by allowing the process to go smoothly and peacefully.

Why it matters: The uneventful 30-minute proceedings reversed a precedent in recent election cycles of members of Congress trying to object to elector slates for the opposing party's presidential candidate.

• In 2017, several House Democrats tried unsuccessfully to object to Trump's electors.
• In 2021, a much more organized effort to overturn the election resulted in votes on certifying the Arizona and Pennsylvania electors — and the deadly riot targeting the U.S. Capitol.

What they're saying: "Obviously there was a huge difference between this Jan. 6 and the other Jan. 6 ... We hope that'll be a good example for years to come," said Rep. Don Beyer (D-Va.).

• House Administration Committee ranking member Joe Morelle (D-N.Y.) said the public should "take note: This is how the peaceful transfer of power has happened for 250 years."
• "The anomaly of the last four years cannot be repeated," Morelle said, adding that Democrats "respect the democratic institutions even when they're not in our favor."
• Said Rep. Jamie Raskin (D-Md.): "We were acting as Constitutional patriots, and this is exactly what the peaceful transfer of power should look like."

What we're hearing: Despite most Democrats echoing that line, Rep. Debbie Dingell (D-Mich.), the chair of the Democratic Policy and Communications Committee, stressed that the messaging did not come from leadership.

• "Most of us are feeling the same way. We're all talking to each other, there's a lot of 'peaceful transfer,' and 'it's our job to make sure the American people see.'"
• "There's nobody saying [to members], 'Be on that same page,'" she added.

Between the lines: Monday's proceedings were an intensely bitter pill for Democrats to swallow, with Vice President Harris — Democrats' candidate against Trump — charged with certifying her opponent's victory.

• Rep. Norma Torres (D-Calif.) said her wish is that Democrats set a precedent, but she told Axios she is "not that hopeful, even though ... I try to have a glass that is half full."
• "Seeing the attitudes of Republicans sitting across the aisle from me, smirking — this was a serious ceremony. They were acting like juveniles," she added, arguing Republicans were "rewarded for their bad behavior" with their election win.

The other side: Several Republicans who spoke to Axios pointed to Democrats objecting to Trump's 2016 electors and former President Bush's in 2004 — with some also arguing that election objections aren't necessarily a negative thing.

• Rep. Marjorie Taylor Greene (R-Ga.) said members of Congress "should have the right to object. We should have the right to look into every part of an election."
• "The right exists. It's there. Who am I to take it away," said Rep. Andrew Clyde (R-Ga.).

President Biden has signed a bill that renames the U.S. Courthouse in Los Angeles after the Latino parents who helped end legal school segregation in California and set up the 1954 landmark Brown vs. Board of Education ruling.

The big picture: Felicitas and Gonzalo Mendez U.S. Courthouse comes decades after Latino activists tried to draw attention to the pre-Brown case, which set the stage for racial desegregation nationwide.

Zoom in: It's the first federal courthouse in U.S. history named after a Latina and sits just blocks from where the 1947 Mendez v. Westminster case was originally decided.

• U.S. Rep. Jimmy Gomez (D-CA) sponsored the renaming bill as part of the Thomas R. Carper Water Resources Development Act of 2024 that Biden signed Monday.

Flashback: In 1945, Gonzalo and Felicitas Mendez sued a school district in Westminster that refused to enroll their children, who were Mexican American and Puerto Rican, because of their dark skin color.

• The case brought together Black and Latino intellectuals and lawyers. Education scholar George I. Sanchez and future Supreme Court Justice Thurgood Marshall, then with the NAACP, soon started corresponding about future school desegregation strategies.

The result: The case went to trial in federal court in Los Angeles and the plaintiffs won.

• On April 14, 1947, the U.S. Ninth Circuit Court of Appeals upheld the decision. Two months later, then-California Gov. Earl Warren outlawed school segregation in the state.

Yes, but: The Mendez case was for decades forgotten outside of historian, legal and academic circles since it was overshadowed by the more well-known Brown vs. Board of Education case.

Zoom out: The May 17, 1954, Supreme Court Brown decision ruled that "in the field of public education the doctrine of 'separate but equal' has no place" in U.S. society.

What they're saying: "This courthouse will serve as a lasting tribute to their civil rights advocacy and the enduring Latino American legacy in our nation's history," U.S. Rep. Jimmy Gomez (D-CA) said in a statement.

• Gomez, who sponsored the bill, said the Mendez couple had the courage to fight school segregation and bring equality across the U.S.
• "I could have never imagined that one day there would be a law honoring my parents and the four other brave families' fight for equality," said Sylvia Mendez, one of the children at the center of the Mendez case.

A chorus of European leaders is pushing back against Tesla CEO Elon Musk's meddling after he suggested Britain's prime minister should be imprisoned and questioned whether the U.S. should "liberate" its ally.

The big picture: Musk's influence looms large over U.S. politics with his MAGA alignment. Now he's casting a shadow over elections overseas, lambasting world leaders in recent days with his social media megaphone.

• Across dozens of posts over several days, Musk has attacked Labour Prime Minister Keir Starmer. On Sunday Musk turned on Nigel Farage writing that the Trump-aligned Reform Party leader "doesn't have what it takes."
• Musk threw his support behind Germany's far-right Alternative for Germany (AfD) party, which is known for its anti-immigrant views.
• He's also gotten cozy with a number of right-wing populist politicians, including Italian Premier Giorgia Meloni.

Friction point: While Musk has found a home in the MAGA movement, other world leaders are telling him to stay in his lane.

• Starmer hit back against those he said were "spreading lies and misinformation" about child sex grooming gangs and investigations into child sex abuse in the UK, the subject of several of Musk's posts.
• In one post, Musk said another Labour minister, Jess Phillips, should be "in prison" for rejecting the idea of a national probe of historic child sexual abuse, which she said should be handled locally.
• Starmer told reporters Monday that when the "poison of the far right" led to threats against Phillips and others, "a line has been crossed," CNN reported.

What they're saying: Norwegian Prime Minister Jonas Gahr Støre said Monday that "This is not the way things should be between democracies and allies," Reuters reported, pointing to Musk's attempted meddling.

• "I find it worrying that a man with enormous access to social media and huge economic resources involves himself so directly in the internal affairs of other countries," he told Norwegian public broadcaster NRK.

Zoom out: Other mainstream political leaders shared Støre's sentiment.

• French President Emmanuel Macron in a speech to French ambassadors wondered who a decade ago "could have imagined ... that the owner of one of the largest social networks in the world would support a new international reactionary movement and intervene directly in elections."
• Macron, who in the past has enjoyed a civil relationship with Musk, did not mention the tech mogul by name — but there was little doubt for whom the jab was intended.
• Neither X nor the Trump transition team immediately responded to Axios's request for comment.

Between the lines: Some senior politicians across UK political parties have privately urged Trump's allies to rethink his relationship with Elon Musk after his comments this weekend, Bloomberg reported.

State of play: Musk's comments were met with outrage from German leaders, with Berlin accusing him of trying to influence the country's snap elections next month in his X commentary and an opinion piece he penned praising AfD

• German Chancellor Olaf Scholz said he's staying "cool" amid personal digs from Musk, per the AP, but finds it "much more worrying" that Musk waded into German politics by "supporting a party like the AfD, which is in parts right-wing extremist, which preaches rapprochement with Putin's Russia and wants to weaken transatlantic relations."
• Robert Habeck, the German Green Party's chancellor candidate, cautioned Musk against interfering in the country's politics, telling Der Spiegel magazine, "Hands off our democracy, Mr. Musk!"

Go deeper: Musk & Milei: How an international bromance could shape Trump-era spending cuts