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Trump targets transgender protections in new executive order

President Trump took the first step toward rolling back protections for transgender people on Monday, signing an executive order that the federal government would only recognize two sexes, male and female.

Why it matters: Trump made attacks on transgender individuals central to his 2024 campaign, and by issuing the executive order on his first day in office, signaled the importance of the issue in his second term.


  • The executive order could have wide-reaching implications for gender-affirming care and recognition of trans people in a variety of spaces.
  • It could also signal a first step toward banning transgender athletes from taking part in women's sports. The move would amount to "removing protections from some of our most vulnerable students," Jon Valant, director of the Brown Center on Education Policy at the Brookings Institution, told Axios ahead of the decision.

Driving the news: Trump's executive order states that only two sexes will be recognized by the federal government, "male and female."

  • As such, only those two sexes will be recognized for official documents such as passports and visas.
  • "'Sex' is not a synonym for and does not include the concept of 'gender identity,'" the order states.
  • The executive order aims to prohibit taxpayer funds from being used for gender-affirming care and to prevent transgender women from being held in women's prisons or detention centers.

State of play: An incoming White House official previewed the executive order on a call with reporters Monday ahead of Trump's inauguration, saying it was part of Trump's aim of "restoring sanity" in the U.S.

  • The executive order is about "defending women from gender ideology extremism and restoring biological truth to the federal government," the official said.

Zoom out: Even before he took office, trans rights advocates vowed to fight Trump's rollback of trans rights.

  • Kelley Robinson, president of the Human Rights Campaign, the biggest LGBTQ political lobbying in the U.S., said in a statement the HRC refused to back down or be intimidated.
  • "We are not going anywhere, and we will fight back against these harmful provisions with everything we've got," Robinson added.
  • Ash Orr, a spokesperson for Advocates for Trans Equality, told AP the group would persevere and "continue in our work and we're going to continue to protect trans rights throughout the country."

State of play: Trump has repeatedly railed about trans athletes competing in women's and girls' sports while on the campaign trail.

  • At a Fox News town hall in October, Trump said, "We're not going to let it happen ... we absolutely stop it. You can't have it," when asked about how he would handle "the transgender issue" in women's sports.

Zoom out: LGBTQ+ advocates long warned that the new Trump administration would attempt to undo the Biden administration's efforts to expand protections for LGBTQ+ students under Title IX.

  • Those efforts faced legal hurdles even before Trump re-entered office.
  • In December, the Education Department withdrew a proposal to expand Title IX protections for trans student-athletes in the face of multiple lawsuit threats.
  • In early January, a federal judge rejected rules to broaden the definition of sex discrimination under Title IX in order to prohibit discrimination based on gender identity and sexual orientation.

Go deeper: Trump closing out campaign cycle with anti-trans attacks

Trump pardons ex-Proud Boys leader Tarrio and commutes sentence of Oath Keepers founder Rhodes

President Trump signed an executive order on Monday granting a "full, complete and unconditional pardon" to the vast majority of Jan. 6 defendants charged with participating in the Capitol riot four years ago.

Why it matters: Among the roughly 1,500 pardoned and 14 others whose sentences were commuted were leaders of the extremist groups Proud Boys and Oath Keepers who were convicted of the seditious conspiracy for their roles in the attack.


Driving the news: Trump commuted the sentences of 14 defendants and issued pardons for all other "individuals convicted of offenses" connected to Jan. 6, according to the executive order.

  • "These are the hostages, approximately 1,500 for a pardon, full pardon," Trump said from the Oval Office, as he signed a slew of other executive orders on his first night as president.

Zoom in: A lawyer for Henry "Enrique" Tarrio, who was sentenced to 22 years in prison after a jury found him guilty of seditious conspiracy over the deadly Capitol riot, confirmed to media that the former leader of the right-wing extremist Proud Boys group was among those pardoned by Trump.

Context: Seditious conspiracy is defined as when two or more people conspire to overthrow, destroy, seize the property of or levy war against the U.S. government, or to prevent the execution of any American law.

By the numbers: At least 1,583 people had been charged to date in connection with the insurrection, per Department of Justice data ahead of the Capitol riot's fourth anniversary.

  • More than 1,000 defendants have pleaded guilty or been convicted at trial.
  • The charges faced by the defendants have ranged from misdemeanors, like trespassing, to felony charges, like assaulting law enforcement officers or engaging in seditious conspiracy.

Zoom out: Pardoning insurrectionists convicted of crimes, including violent felonies, defies the GOP's image as the party of law and order. Future perpetrators of political violence could also expect to be met with clemency.

  • Since 2021, multiple criminal and congressional investigations have sought to sift through the events of the attack and Trump's role in it.
  • Trump was indicted in 2023 as part of special counsel Jack Smith's investigation into his alleged efforts to overturn the 2020 election. After Trump won the 2024 election, the case was dismissed.

State of play: During the campaign and transition period, Trump repeatedly promised to quickly pursue pardons for Jan. 6 rioters upon assuming the presidency.

  • As recently as January, Trump vowed "major pardons" were coming for Jan. 6 defendants.
  • In 2022, before he announced another run for office, Trump publicly promised pardons and said the defendants were being treated unfairly.

Over the years, he gave limited details about how broad the potential pardons would be.

  • In an interview with NBC News' "Meet the Press" in December, Trump said there could be "some exceptions" for the pardons in cases where the defendant was "radical, crazy," but did not elaborate.
  • He also told Time magazine he would determine the pardons on a "case-by-case" basis, but that the "vast majority" of defendants "should not be in jail."

What we're watching: In pardoning Jan. 6 defendants convicted of crimes, Trump is testing the limits of public opinion.

  • A Washington Post-University of Maryland national poll released in December found that 66% of Americans opposed Trump's plan to issue pardons for the rioters.

Several federal judges had also opposed Trump's plan to issue pardons for the rioters.

  • U.S. District Judge Carl Nichols, a Trump appointee who has handled Jan. 6 cases, said in November that "blanket pardons for all January 6 defendants or anything close would be beyond frustrating and disappointing."
  • While sentencing a member of the Oath Keepers militia last month, U.S. District Judge Amit Mehta said that the prospect of the group's founder Stewart Rhodes receiving a pardon "is frightening and ought to be frightening to anyone who cares about democracy in this country."

Go deeper: Trump downplays Jan. 6: "You had a peaceful transfer of power"

Editor's note: This article has been updated with new details throughout.

Biden pardons Fauci, Cheney and Jan. 6 panel ahead of Trump inauguration

President Biden issued historic preemptive pardons for former NIAID Director Anthony Fauci, members of the House Jan. 6 committee and others on Monday, granting them broad immunity before President-elect Trump's White House return, multiple outlets reported.

Why it matters: He issued the blanket pardons after President-elect Trump repeatedly threatened to investigate or jail his political enemies.


Driving the news: Biden said in a statement Monday that the pardons should not be construed as an "acknowledgment that any individual engaged in any wrongdoing."

  • Rather, Biden said he wished to protect the individuals from damage to their reputations or finances by "baseless and politically motivated investigations." His statement did not mention Trump by name.
  • "Our nation owes these public servants a debt of gratitude for their tireless commitment to our country," the statement read.

The big picture: The pardons benefit people who have been the target of Trump's ire as he mounted his bid for another term in the White House.

  • Fauci was, for decades, the nation's top infectious disease expert. He led the country through the COVID-19 pandemic, and was repeatedly attacked by Trump, who sought to downplay the pandemic.
  • Retired U.S. Army Gen. Mark Milley, a former chairman of the Joint Chiefs of Staff, had issued stark warnings about Trump, calling him a fascist and a "wannabe dictator."
  • Among Trump's most famous opponents on the Jan. 6 select committee was former Rep. Liz Cheney (R-Wyo.). Her anti-Trump criticism ostracized her from much of the Republican party.
  • Trump has said Cheney and other members of the Jan. 6 committee should go to jail.

State of play: Biden issued the preemptive pardons for Fauci, Milley, the members and staff who served on the Jan. 6 select committee, and the law enforcement officers who testified before the committee just hours before his term ends.

  • Fauci told CNN Monday that while he had done nothing wrong, he was "grateful" to Biden for the preemptive pardon, saying he had become increasingly concerned about threats against his family.
  • Former Capitol Police officer Harry Dunn echoed Fauci's sentiment, saying in a statement that he was "eternally grateful" to Biden for the pardon, CNN reported.
  • "I wish this pardon weren't necessary, but unfortunately, the political climate we are in now has made the need for one somewhat of a reality," Dunn added.

Cheney and Rep. Bennie Thompson (D-Miss.), who co-chaired the select committee, issued a joint statement Monday thanking Biden for their pardons.

  • "We have been pardoned today not for breaking the law but for upholding it," they said.

Zoom out: Biden had been reportedly mulling issuing a slate of preemptive pardons for weeks for individuals likely to be targeted by Trump.

Editor's note: This story was updated with reaction to Biden's pardons and additional context.

Trump inauguration will move indoors over frigid weather

President-elect Trump's inaugural ceremony Monday will take place inside the Capitol Rotunda due to the weather forecast in Washington, D.C., he posted on Truth Social.

The big picture: Ronald Reagan's 1985 presidential swearing-in was the last to move indoors because of cold temperatures.


Driving the news: Trump wrote on Truth Social that the decision to adjust the ceremony's plans was a safety consideration.

  • "I don't want to see people hurt, or injured, in any way," Trump wrote, noting that the temperature lows could pose "dangerous conditions" for law enforcement personnel and spectators.
  • Instead, Trump said he had ordered much of the proceedings moved to the Capitol Rotunda and that Washington, D.C.'s Capital One Arena would be opened to spectators to watch the ceremony live.
  • Trump added that he would join the crowd at the arena after his swearing-in.
Data: National Weather Service; Chart: Axios Visuals

Zoom out: Air temperatures Monday are expected to hit the low- to mid-20s, with wind chills that could register between 12ΒΊF and 14ΒΊF.

  • Though inaugurations have been held in colder weather, Trump's will be the coldest in several decades.

Go deeper: Abnormally cold weather forecast for Trump's inauguration

Editor's note: This story has been updated with changes throughout.

TikTok CEO to attend Trump inauguration as app's ban looms

TikTok CEO Shou Zi Chew intends to attend President-elect Trump's inauguration next week and is expected to sit on the dais alongside other prominent guests, a Trump transition source confirmed to Axios Thursday.

Why it matters: News of his invite comes as TikTok's fate hangs in the balance, with the U.S. ban of the popular platform set to take effect on Sunday, barring any eleventh-hour intervention.


Driving the news: The Trump Vance Inaugural Committee issued the invitation to Chew, the Trump transition source said.

Flashback: During his first term, Trump spearheaded the initial effort to ban TikTok, but appeared to flip-flop on the platform's future while campaigning for office last year.

Zoom out: It's not yet clear how Trump could intervene to save the popular Chinese-owned app from the ban, but he wants to try, according to Rep. Michael Waltz (R-Fla.), Trump's pick for his national security adviser.

  • Trump is looking to craft a deal to "preserve" TikTok while protecting U.S. users' data, Waltz told Fox News Wednesday, though he did not offer specifics about the plan.
  • "I don't want to get ahead of our executive orders but we're going to create the space to β€” toΒ put that deal in place," he added, calling Trump a "dealmaker."

Go deeper: What will happen to TikTok on Jan. 19

Top 5 takeaways from Jack Smith's final report on Trump's Jan. 6 case

President-elect Trump engaged in an "unprecedented criminal effort" to overturn the results of the 2020 election, Special Counsel Jack Smith alleged in the final report of his investigation into Trump's election subversion case.

Why it matters: The report's release early Tuesday came despite Trump's legal efforts to block it, making the Justice Department's findings public less than a week before Trump's inauguration.


What they're saying: Trump lambasted the report in a Truth Social post Tuesday, claiming he was "totally innocent" and calling Smith a "lamebrain prosecutor who was unable to get his case tried before the Election."

State of play: Trump was indicted and charged with conspiracy to defraud the U.S. and other counts for his purported role in the Jan. 6 Capitol riot and the events leading up to it.

  • However, the case was dismissed in November following Trump's 2024 victory, in light of longstanding DOJ policy that a sitting president can't be prosecuted.

Here are the top takeaways from the 174-page report:

Conviction at trial

Smith remained convinced he could have convicted Trump for his alleged efforts to subvert to the 2020 election if the case had gone to trial.

  • A Justice Department policy prohibiting the prosecution of a sitting president doesn't change the "gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution," Smith wrote.
  • "But for Mr. Trump's election and imminent return to the Presidency, the Office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial," he added.

Responsibility for Jan. 6

Smith drew a direct line from Trump's actions to the events of the Capitol riot.

  • After then-Vice President Pence refused to overturn the electoral college vote count in the Senate, Trump "took aim" at Pence, targeting him in his Jan. 6 rally speech and in a social media post.
  • "Taken together, these actions resulted in rioters at the Capitol on January 6 singling out Mr. Pence for their ire and chanting, 'Where is Pence? Bring Him Out!' and, 'Hang Mike Pence!'" the report said.
  • Trump's words also "inspired his supporters to commit acts of physical violence" by telling them to "fight like hell" against the purported election fraud.

Trauma of law enforcement officers

The report delved into the trauma experienced by law enforcement officers responding to the breach of the Capitol on Jan. 6.

  • 140 law enforcement officers were assaulted during the Capitol riot and at least 123 rioters have so far been charged with using a deadly or dangerous weapon that day or causing serious bodily injury to a law enforcement officer, according to the report.
  • "This violence took a lasting toll," the report stated, noting that in addition to physical injuries many officers have experienced psychological trauma and depression as a result of the insurrection.

Prosecutorial independence

In a letter to Attorney General Merrick Garland attached to the report, Smith pushed back against Trump's claims the investigation was corrupt.

  • "I want it to be clear that the ultimate decision to bring charges against Mr. Trump was mine," Smith wrote, adding that "nobody within the Department of Justice ever sought to interfere with, or improperly influence, my prosecutorial decision making."
  • Trump's claims that Smith's decisions while leading the case were in any way "influenced or directed by" the Biden administration or other political actors is "laughable," Smith noted.

Go deeper: Jack Smith claims in Jan. 6 report: Trump would have been convicted

Hegseth claims "smear campaign" as Dems question his fitness to lead Pentagon

Pete Hegseth, President-elect Trump's pick for Defense secretary, repeated his claim Tuesday that he is the target of a "smear campaign" when faced with pointed questions from lawmakers over his fitness to lead the military amid misconduct allegations.

The big picture: After Trump chose the former Fox News host for the Cabinet post, Hegseth was besieged with scandals that threatened to tank his nomination before he ever faced lawmakers.


The other side: Sen. Markwayne Mullin (R-Okla.) asked: "How many senators have showed up drunk to vote at night? ... Don't tell me you haven't seen it, because I know you have."

  • The audience, packed with military veterans and other Hegseth supporters, cheered. Some Democratic senators averted their gazes.

Driving the news: Hegseth's highly anticipated confirmation hearing, which lasted over four hours, began with him promising to be a "change agent" for the Department of Defense.

  • Before Hegseth spoke to the committee, Senate Armed Services Committee Chair Roger Wicker (R-Miss.) decried the "anonymous sources" behind the allegations that have hounded Hegseth, contrasting them with public pronouncements of support from his colleagues.

Sen. Tammy Duckworth (D-Ill.), an Iraq War veteran who lost both of her legs in combat, questioned Hegseth's qualifications in a contentious back-and-forth in which he could not name the number of nations or members of the Association of Southeast Asian Nations (ASEAN).

  • "I couldn't tell you the exact amount of nations," Hegseth said, adding, "but I know we have allies in South Korea and Japan and in AUKUS, with Australia, trying to work on submarines."
  • Duckworth replied: "None of those three countries that you mentioned are in ASEAN. I suggest you do a little homework before you prepare for these types of negotiations."

Asked by Sen. Jacky Rosen (D-Nevada) about his past characterization of NATO as "a relic" that should be "scrapped and remade," Hegseth claimed the country's allies have had "no better friend" than Trump.

  • He didn't answer about his own past comments about the alliance.
  • Rosen pressed Hegseth on whether Trump has a plan to rapidly end the years-long war in Ukraine as the president-elect has claimed he will do, to which Hegseth replied, "I will always give clear guidance ... best guidance to the president ... on matters like that."

During a heated exchange, Sen. Tim Kaine (D-Va.) refuted Hegseth's characterization that all the allegations against him were spurred by anonymous sources.

  • "They are not anonymous. We have seen more records with names attached to them," Kaine said.
  • Committee ranking member Jack Reed (D-R.I.) said he doesn't believe Hegseth is "qualified to meet the overwhelming demands of this job," citing the "extremely alarming" allegations and some of Hegseth's views, including on women serving in the military.
  • Reed implored the committee to make the FBI's background check available to all committee members, but Wicker rebuffed his request.

Questioned by Sen. Jeanne Shaheen (D-N.H.) about his previous derisive comments about women serving in combat roles, Hegseth maintained that he appreciated women's contributions to the military.

  • "It's not about the capabilities of men and women. It's about standards," he said.
  • Hegseth refused to rule out carrying out an order from Trump to take over Greenland or the Panama Canal β€” notions the president-elect has floated in recent weeks β€” when quizzed by Sen. Mazie Hirono (D-Hawaii).

State of play: In his opening statement, Hegseth vowed to "restore the warrior ethos" at the Pentagon.

  • "It is true that I don't have a similar biography to Defense Secretaries of the last 30 years," Hegseth said, before positioning himself as a "change agent."
  • "But, as President Trump also told me, we've repeatedly placed people atop the Pentagon with supposedly 'the right credentials' β€” whether they are retired generals, academics or defense contractor executives β€” and where has it gotten us?" Hegseth said in his opening statement.
  • A protester interrupted Hegseth's opening statement to call him a misogynist. That protester was one of several removed from the hearing.

Flashback: Trump defended Hegseth as the criticism mounted last year β€” though after a prolonged silence and news of his backup nominee leaked.

Between the lines: Hegseth's FBI background check became a point of contention ahead of the hearing.

  • Just one Senate Democrat β€” Armed Services ranking member Jack Reed (D-R.I.) β€” has been briefed on the findings.
  • The Trump transition team opposes sharing it, Axios' Hans Nichols and Stephen Neukam report.
  • Democrats had pushed for the findings to be accessible by the full Senate before the hearing, given the allegations against Hegseth.

Go deeper: Trump picks historically young group of top officials

Editor's note: This story was updated with developments from the hearing.

Jack Smith in Jan. 6 report says Trump would have been convicted if he hadn't won in November

President-elect Trump allegedly spread "demonstrably and, in many cases, obviously false" claims about his 2020 election loss in an effort to overturn results, special counsel Jack Smith alleged in the final report of his investigation, published early Tuesday.

Why it matters: The Justice Department closed its investigations in the face of Trump's November election win, but Smith maintains in the report he would have secured a conviction in the case if it had gone to trial.


Driving the news: The Department of Justice published volume one of the report it's sending to Congress early Tuesday.

  • "The department's view that the Constitution prohibits the continued indictment and prosecution of a president is categorical and does not turn on the gravity of the crimes charged, the strength of the government's proof or the merits of the prosecution, which the office stands fully behind," Smith wrote in the report first shared with NBC News.
  • "Indeed, but for Mr. Trump's election and imminent return to the presidency, the office assessed that the admissible evidence was sufficient to obtain and sustain a conviction at trial."

The other side: Trump responded to the release of volume one of the DOJ report by calling Smith a "lamebrain prosecutor who was unable to get his case tried before the election" in a post his Truth Social platform early Tuesday.

Zoom in: Smith in a letter to Attorney General Merrick Garland accompanying the report defended his prosecution of Trump, who has repeatedly criticized the special counsel.

  • "The claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable," Smith wrote.
  • "Mr. Trump's letter claims that dismissal of his criminal cases signifies Mr. Trump's 'complete exoneration.' That is false," Smith said, citing the Constitution as a reason for not proceeding.
  • However, Smith said this "does not turn on the gravity of the crimes charged, the strength of the Government's proof, or the merits of the prosecution β€” all of which the Office stands fully behind."

The big picture: The report marks the end of a lengthy legal battle to hold Trump accountable for his purported role in the Jan. 6 Capitol riot and the events leading up to it, which occurred while he was still serving his first term as president.

Catch up quick: Trump was indicted in 2023 and charged with conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding and conspiracy against rights.

For the record: The Justice Department did not release volume two of the report on Trump's federal classified documents case in Florida because portions of the case against other defendants are ongoing.

  • Judge Aileen Cannon has ordered a hearing later this week on whether to release the second part of the report.

Go deeper... READ: Jack Smith's final report on Trump's Jan. 6 case

Editor's note: This article has been updated with new details throughout.

Biden confident he left Trump "very strong hand" on foreign policy

President Biden said Monday that he is leaving the Trump administration a country in a far stronger position than the one he inherited, with a "strong hand to play" when dealing with geopolitical crises.

Why it matters: During his term, Biden sought to counteract much of the "America first" diplomacy enacted during President-elect Trump's administration. Now, his achievements will face the scrutiny of the new Trump administration.


Driving the news: Biden delivered his final foreign policy address at the State Department Monday, a week before Trump will take office.

  • Biden praised his administration's foreign policy achievements and previewed the challenges still ahead, including wars in Ukraine and the Middle East.
  • "Even so, it's clear: My administration is leaving the next administration with a very strong hand to play. And leaving them an America with more friends and stronger alliances, whose adversaries are weaker and under pressure," Biden said.

Zoom in: Addressing Russia's war in Ukraine, Biden touted the fact that Russia had failed to achieve any of its strategic objectives in the war.

  • Now, the U.S. must use its advantage to press for a "just and lasting peace for Ukraine."
  • It should also work to ensure a "more stable, integrated Middle East," Biden said, before noting that "we are on the brink" of a hostage release and ceasefire in Gaza deal.

The bottom line: "At our best, America leads notΒ only by the example of ourΒ power, but the power of ourΒ example.Β The past four years we have usedΒ that power, not to go it alone,Β but instead to bring countries together."

Go deeper:

What to know about the confirmation hearings for Trump's Cabinet picks this week

Some of President-elect Trump's highest profile Cabinet picks will be under fresh scrutiny this week as they brace for tough Senate confirmation hearings that could make or break their nominations.

Why it matters: With Democrats looking to create fireworks and the Republican party deeply divided, the hearings could escalate clashes over Trump's most controversial nominees.


  • Many of Trump's picks have already met with senators individually, but the high-stakes confirmation hearings will offer them the chance to shine.
  • For some, they could also be forced to address lingering questions about their past actions and relevant experience.

Here are the hearings Axios is watching closely:

Pam Bondi

Former Florida Attorney General Pam Bondi is Trump's pick to serve as attorney general.

  • Bondi's appointment would install a Trump loyalist at the head of the Department of Justice, and could play a major role if the president-elect were to pursue his threats to go after his political enemies.
  • Bondi was Trump's second public pick for the position, after his initial selection, former Rep. Matt Gaetz, withdrew from consideration amid an ethics scandal. The former Florida lawmaker faced sexual misconduct allegations, which he has repeatedly denied.

What to watch: Bondi's hearing before the Senate Judiciary Committee will be split over two days, beginning Wednesday at 9:30 a.m. and Thursday at 10:15 a.m.

Marco Rubio

Trump's nomination of Sen. Marco Rubio (R-Fla.) to serve as the next secretary of state is one of his surest bets, with the senator enjoying bipartisan support in the run-up to his formal evaluation.

  • Rubio, who has a reputation as a foreign policy hawk, will have his work cut out for him implementing Trump's foreign policy agenda, which includes swift ends to the wars in Ukraine and the Middle East.

What to watch: Rubio's confirmation hearing will take place at 10 a.m. Wednesday before the Senate Foreign Relations Committee.

Kristi Noem

South Dakota Gov. Kristi Noem is Trump's pick for secretary of the Department of Homeland Security, where she'd play a crucial role in implementing Trump's immigration agenda.

  • A source close to the governor previously told Axios that her experiences dealing with immigration and the Federal Emergency Management Agency (FEMA) have prepared her for the role.

What to watch: Noem's confirmation hearing will take place before the Senate Homeland Security and Governmental Affairs Committee on Friday.

Pete Hegseth

Senate Democrats grilled Pete Hegseth β€” Trump's pick for Defense Secretaryβ€” at his confirmation hearing Tuesday over sexual misconduct allegations, his alleged alcohol abuse, fitness for the position, and past controversial statements.

  • He has repeatedly denied all the accusations, and frequently dismissed them as "anonymous smears" at the hearing.
  • Hegseth repeatedly dodged questions from Democratic senators, including whether he would resign if he drank on the job after promising not to, and whether he believed domestic violence against a spouse would constitute a disqualifying offense for the post.
  • Hegseth faced particularly tough questioning over his views on women in the military. His attempts at the hearing to explain his past statements were met with skepticism from Democratic women senators.

Flashback: Just weeks ago, Hegseth's nomination seemed doomed.

Yes, but: There was no hint of Republican opposition to his nomination at Tuesday's hearing.

Data: Axios research. Chart: Axios Visuals

Upcoming confirmation hearings

Some of the most potentially contentious hearings are still to come and haven't yet been set. Still in the awning are:

  • Robert F. Kennedy Jr. for secretary of health and human services. Kennedy is well known for his history of spreading vaccine misinformation.
  • Hardline Trump loyalist Kash Patel β€” who helped push Trump's 2020 election lies β€” for FBI director. Patel will replace current FBI head Chris Wray, who announced last month that he would resign ahead of Trump's inauguration rather than complete his term.
  • Linda McMahon as secretary of education. McMahon, a former World Wrestling Entertainment (WWE) executive, has been accused of being complicit in the grooming and sexual exploitation of children. She has denied the allegations.
  • Tulsi Gabbard's nomination as the next director of national intelligence has raised alarm bells in the intelligence community. In 2017, the former Democratic representative for Hawaii met with then Syrian President Bashar al-Assad and subsequently declared him "not the enemy."

Go deeper:

Editor's note: This story was updated with developments from Hegseth's hearing.

Special counsel Jack Smith resigns ahead of Trump inauguration

Special counsel Jack Smith resigned just days before President-elect Trump is set to take over the presidency, multiple outlets reported Saturday.

Why it matters: Smith, who was appointed by Attorney General Merrick Garland in Nov. 2022, spearheaded two federal criminal cases against Trump, but the future of both cases was imperiled by Trump's election victory.


State of play: Since Trump's re-election, Smith was in discussions with Justice Department officials about how to wind down his two federal prosecutions of Trump.

  • The Justice Department has a longstanding policy that a sitting president can't be prosecuted.
  • Trump also vowed on the campaign trail to fire Smith "within two seconds" of returning to office.

Zoom out: The Justice Department has faced criticism from some Democrats that it moved too slowly in its investigations of Trump.

  • In the final weeks of the presidential campaign, Smith dug in on the Jan. 6 case, unsealing a new indictment in light of the Supreme Court's immunity ruling and unveiling new evidence.

Go deeper: Jack Smith moving to wind down prosecutions against Trump

Why fire hydrants ran dry as wildfires ravaged Los Angeles

As devastating wildfires raged across Los Angeles County this week, firefighters battling the blazes encountered fire hydrants that had no water.

Why it matters: The dry fire hydrants sparked political outrage and illustrated just how unprepared municipal water systems are to combat the sorts of large-scale urban wildfires that have become more frequent with climate change.


  • Gov. Gavin Newsom (D) on Friday ordered an independent investigation into the Los Angeles Department of Water and Power (DWP), the nation's largest municipal utility, over hydrants and water supply issues. DWP provides water for more than four million L.A. residents and serves Pacific Palisades, a wealthy area of Los Angeles where much of the destruction took place.
  • "While water supplies from local fire hydrants are not designed to extinguish wildfires over large areas, losing supplies from fire hydrants likely impaired the effort to protect some homes and evacuation corridors," Newsom said. "We need answers to how that happened."
  • President-elect Trump has suggested Newsom was to blame for the dry hydrants β€”Β claiming without evidence that he blocked water supply to the south of the state with the state's fish conservation efforts. The governor and other experts have sharply rejected the claims.
  • "We are looking at a situation that is just completely not part of any domestic water system design," Marty Adams, a former DWP general manager and engineer, told The New York Times.

The big picture: Fire hydrants running out of water isn't unheard of during severe wildfires, said Faith Kearns, a water and wildfire expert with the Global Futures Laboratory at Arizona State University. Similar instances were reported during wildfires in Maui, Colorado and Oregon,

  • "It's something that we have definitely started to see as, essentially, these wildland fires move into urban areas and become urban conflagrations," Kearns said.
  • "Our urban water supply is meant to deal more with things like a single house being on fire," she added.

Why did the fire hydrants run dry?

Firefighters battling the Palisades Fire earlier this week encountered swaths of fire hydrants with no water after the three water tanks supplying the Pacific Palisades ran dry by 3 a.m. Wednesday, Janisse QuiΓ±ones, chief engineer of the Los Angeles Department of Water and Power, said at a press briefing later that day.

  • The area's water system had been pushed "to the extreme," she said. "Four times the normal demand was seen for 15 hours straight, which lowered our water pressure."
  • The problem persisted for hours while wildfires ravaged the area, the New York Times reported.

Political finger-pointing as a result

Trump and his billionaire ally Elon Musk skewered California Democrats, and in Trump's case Gov. Gavin Newsom (D), over the wildfires.

  • Musk wrote on X Wednesday: "These fires are easily avoidable, but nonsense regulations in California prevent action being taken, so year after year homes burn down and more people die."
  • Trump claimed on Truth Social Wednesday that Newsom, a longtime foe, had "refused to sign" a water restoration declaration "that would have allowed millions of gallons of water, from excess rain and snow melt from the North, to flow daily into many parts of California" including areas impacted by wildfires.

Newsom in an X post Wednesday called Trump's claim "that a water restoration declaration" exists "pure fiction."

  • He said β€” though not mentioning Trump β€” during a briefing Friday with President Biden that there have been "hurricane force winds of mis and disinformation, lies."
  • "And it breaks my heart as people are suffering and struggling that we're up against those hurricane forces as well," the governor added.
  • Newsom also in a letter to Trump Friday invited him to visit and see the damage in L.A.

Would more water have helped?

Even if the water hydrants hadn't run dry, it wouldn't have changed the fact that urban water systems aren't designed to combat multiple, expansive and fast-moving wildfires all at once.

  • While every bit of water helps, using fire hydrants and water hoses isn't an effective method of battling "multiple onslaughts of fire under high wind conditions,' she said.
  • "Is it going to save a whole neighborhood under those kinds of ... high wind conditions? Probably not."

Fighting wildland fires in urban areas also limits the methods that can be used, like aerial drops, which could damage structures below, she noted.

  • High winds can also ground planes, which was the case when a civilian drone hit a Super Scooper aircraft used in the Palisades Fire on Thursday, per an X post from Los Angeles Fire Department spokesperson Erik Scott.
  • That fire was only 11% contained as of Saturday morning.

What we're watching: Kearns said cities need, among other things, high-volume pipes and more backup power to pump waters to higher elevations.

  • "Now we face the question of whether and how there would be enough funding, for example, to actually develop urban water systems that were equipped to deal with these kinds of wildfires," she said.

More from Axios:

LA County fires rage on, with at least 10 people dead and 10,000 structures destroyed

The wildfires that have killed 10 people and razed about 10,000 structures this week continued to rage across Los Angeles County on Friday.

The big picture: The fires are already among the most destructive recorded in the state.


  • Although firefighters have made some progress, the high winds that helped fuel the blazes will remain high through Friday and are expected to pick back up early next week.

The latest: A mandatory curfew has been issued for the Palisades and Eaton fire areas and all mandatory evacuation zones, Los Aangeles County Sheriff Robert Luna said at a press conference Friday.

  • The curfew β€” from 6 p.m. to 6 a.m. β€” is intended to boost public safety and discourage looting and burglaries.
  • About 153,000 residents remain under evacuation orders Friday, Luna said.
  • Kevin McGowan, director of the Los Angeles County Office of Emergency Management, apologized for an erroneous evacuation alert that was sent to some residents Thursday.
  • "There is an extreme amount of frustration, anger, fear, with regards to the erroneous messages ... I can't express enough how sorry I am for this experience," McGowan said.

State of play: The fires have burned through nearly 36,000 acres already, per CalFire.

  • The Palisades Fire has spread across over 20,438 acres in the area between Malibu and Santa Monica and was 8% contained as of Friday morning.
  • The Eaton Fire, north of Pasadena, has burned nearly 14,000 acres and was 3% contained Friday.
  • The Kenneth Fire, which erupted Thursday in the Calabasas and Hidden Hills areas, stood at 1,000 acres and 35% containment Friday.
  • The Hurst Fire, which has burned 771 acres in the San Fernando Valley, was 37% contained. The Lidia Fire, spread across 395 acres in a rural, mountainous area near Acton, was 75% contained.
  • The Sunset Fire in the Hollywood Hills was 100% contained Thursday. Other fires in Pacoima, Hollywood and Studio City have been extinguished, Los Angeles Mayor Karen Bass said at the press conference Friday.

The big picture: President Biden announced Thursday the federal government will cover 100% of California's disaster assistance costs for the wildfires.

  • California Gov. Gavin Newsom said Thursday that the state was activating additional National Guard troops to assist in firefighting efforts.
  • Sheriff Luna confirmed Friday that the California National Guard had been deployed to the Eaton Fire area Thursday and that more National Guard members were expected in the next "12-24 hours."

Zoom out: The blazes have been propelled by dry conditions and high winds, hitting after many parts of Southern California had no meaningful rainfall for more than eight months.

Go deeper: LA County fires among most destructive ever recorded in California

Trump says he will meet with Putin to discuss end of Russia-Ukraine war

President-elect Trump said late Thursday that a meeting is in the works with Russian President Vladimir Putin to discuss ending the Kremlin's invasion of Ukraine.

Why it matters: Trump said on the campaign trail that he would swiftly end the nearly three-year-old war in Ukraine within 24 hours of taking office.


Driving the news: Putin "wants to meet, and we are setting it up," Trump told reporters at Mar-a-Lago Thursday.

  • "We have to get that war over with. That's a bloody mess," he added.

Between the lines: Trump gave no timeline for the potential meeting.

  • Kremlin spokesperson Dmitry Peskov said Friday that the Kremlin had not yet received an official request for contact, Russian state news agency TASS reported.
  • However, Putin is prepared to meet with Trump without any conditions, Peskov added.

The big picture: Despite Trump's ambitious campaign promises, unnamed European officials told the Financial Times that Trump's team has now pushed the timeline for ending the conflict to "several months."

  • According to the officials, Trump has not yet decided how to end the war and that aid to Ukraine is likely to continue after Trump's inauguration, the Financial Times reported Friday.
  • Ukrainian President Volodymyr Zelensky praised Trump's ability to help end the war earlier this month.

Go deeper: Ukraine's lame duck danger: Biden and Putin escalate before Trump arrives

Trump avoids prison time, fines for New York felony conviction

President-elect Trump received a no-penalty sentence in his New York hush money case Friday after the Supreme Court refused to intervene.

Why it matters: Trump is the first former (and returning) president convicted of a felony. The expected sentence of unconditional discharge β€” also recommended by prosecutors β€” means the conviction remains on his legal record.


  • The sentencing, which Trump fought to delay or block altogether, comes just 10 days before his inauguration and White House return.
  • The nation's high court on Thursday dashed a last-ditch bid by Trump's legal team to stop the proceeding.
  • Judge Juan Merchan had already indicated that Trump wouldn't face jail time, after winning the 2024 election.

Driving the news: Trump, appearing remotely from Florida, said during the hearing that "this has been a very terrible experience," CNN reported.

  • He described the case as a "political witch hunt" and a "setback" for New York and the state court system.
  • "The fact is I'm totally innocent. I did nothing wrong," Trump said.

Merchan remarked by noting that "this has been a truly extraordinary case."

  • In his statement to the court, Merchan discussed the limits of the protections of the presidency. He said "they do not reduce the seriousness of the crime or justify its commission in any way. One power they do not provide is the power to erase a jury verdict."

What they're saying: Trump celebrated the unconditional discharge sentence in a Truth Social post shortly after the hearing Friday, saying it proved "this whole Scam fully deserves to be DISMISSED."

  • While the sentencing hearing had been a "despicable charade," his legal team would now press forward with an appeal, he added.

Catch up quick: Merchan wrote in a filing earlier this month that "unconditional discharge appears to be the most viable solution to ensure finality" and allow Trump to pursue his appellate options.

  • A court may impose a sentence of unconditional discharge when it believes "no proper purpose would be served by imposing any condition upon the defendant's release," under New York law.
  • This would mean that Trump would face no jail time, probation or fines, but would nevertheless serve as a mark on his permanent record.
  • Merchan noted that prosecutors no longer viewed jail time "as a practicable recommendation" given Trump's election victory.

Flashback: A New York jury found Trump guilty on 34 counts of falsifying business records last May.

  • He was charged in connection with a $130,000 hush money payment to adult film actress Stormy Daniels over an alleged sexual encounter. Trump has repeatedly denied the affair.
  • Since then, Trump's team has repeatedly tried to have his case thrown out under the Supreme Court's 2024 ruling that presidents have immunity for "official acts."

The big picture: Just last year, Trump faced four criminal indictments.

  • Since his election win, two federal cases against him have been dropped.
  • His Georgia election interference case was cast into further limbo after the Georgia Court of Appeals ruled to disqualify Fulton County District Attorney Fani Willis late last month. She is appealing the decision.

Go deeper: Trump seeks to stop Smith releasing final report

Editor's note: This story has been updated with additional developments.

Prosecutors urge Supreme Court not to block Trump's hush money sentencing

Manhattan District Attorney Alvin Bragg on Thursday urged the U.S. Supreme Court to deny President-elect Trump's latest bid to halt his sentencing in his New York hush money case.

Why it matters: The 11th-hour back-and-forth comes as Trump is scheduled to be sentenced for his historic felony conviction on Friday, mere days before his inauguration.


The big picture: The "defendant makes the unprecedented claim that the temporary presidential immunity he will possess in the future fully immunizes him now, weeks before he even takes the oath of office," Bragg wrote of Trump's stay request.

  • Bragg dismissed the argument, noting that presidential immunity only applies to the time a president is serving their term in office.
  • In regards to Trump's claims that the trial had included "erroneous admission of official-acts evidence at trial," Bragg argued that Trump could appeal these aspects once sentenced in due course, but that there is "no basis" for asking the Supreme Court to intervene before a final judgement had been handed down.

Context: Trump has seized on the Supreme Court's ruling last summer that president's enjoy immunity for "official acts" to lodge several requests to halt the case's legal proceedings or throw out his conviction altogether.

  • A jury convicted Trump last May on 34 felony counts of falsifying business records in connection with a $130,000 hush money payment to adult film actress Stormy Daniels over an alleged sexual encounter.
  • The ruling made him the first-ever former U.S. president to be a convicted felon.

Zoom out: Trump asks Supreme Court to block hush money sentencing

Garland plans to release Jack Smith's Jan. 6 report over Trump's objections

Attorney General Merrick Garland in a court filing on Wednesday said the Justice Department plans to release publicly special counsel Jack Smith's findings on Donald Trump's alleged efforts to subvert 2020 election results.

Why it matters: Trump's federal 2020 election case was dropped after his presidential victory, and he has relentlessly fought any effort to release information about the investigation's findings.


  • Garland in the Wednesday court filing said that the department will not release the investigation into Trump's handling of classified documents, as to "avoid any risk of prejudice" to Trump's co-defendants in the case, Walt Nauta and Carlos De Oliveira, whose cases are still pending.
  • Garland said that "for the time being," the report over Trump and his co-defendants' handling of classified documents will be "made available for in camera review" by the chair and ranking members of House and Senate Judiciary Committees.

The big picture: Lawyers for the Justice Department argued in the court filing Wednesday that there was no legal basis for preventing the release of the portion of the report related to Trump's election subversion case.

  • The Justice Department also urged the 11th Circuit Court of Appeals to vacate U.S. District Judge Aileen Cannon's temporary injunction on releasing any part of the report until three days after the circuit court's ruling on a similar emergency motion.
  • The filing also noted that Smith had already transmitted a copy of the final report to Garland.

Zoom out: Cannon, who was appointed by Trump, has repeatedly faced scrutiny over her handling of Trump's classified documents case.

  • Trump called Cannon a "brilliant judge" in a speech on Tuesday.
  • In July, she dismissed the case on the basis that Smith's appointment was unconstitutional.
  • Trump's federal Jan. 6 case was also dismissed in the wake of his election win.

Editor's note: This is a developing story. Please check back for updates.

Biden still thinks he would have beaten Trump

President Biden insisted in a new interview out Wednesday that he could have beaten President-elect Trump in the 2024 election, even as he admitted he was unsure that he had the stamina for another term.

Why it matters: Since Democrats' defeat, Biden and Vice President Kamala Harris' teams have reportedly blamed each other for the outcome.


Reality check: Biden's assessment that he could have beaten Trump would have required overcoming low approval ratings, a disastrous debate performance that raised questions about his mental fitness, and voters' persistently bleak views of the economy.

  • Many Democrats have expressed anger at Biden's decision to seek reelection initially despite polls showing voters across the political spectrum expressing concerns about his age.

What he's saying: "It's presumptuous to say that, but I think yes," Biden told USA Today when asked if he believed he could have won.

  • Biden added that his belief was based on polling he had seen.
  • However, Biden was more circumspect when asked if he had the vigor to serve another four years in office, admitting: "I don't know."
  • "Who the hell knows? So far, so good. But who knows what I'm going to be when I'm 86 years old?" the president added in the interview, which was conducted Sunday.

Flashback: Biden has been defiant about his decision to drop out of the race.

Zoom out: Biden covered a wide range of topics in his USA Today interview, including the fact that he is still considering whether to issue preemptive pardons for figures like former Rep. Liz Cheney (R-Wyo.) and former health adviser Anthony Fauci, whom could be targeted by Trump.

  • Biden said the decision would come down to who Trump appoints to key administration roles, but noted that he had urged Trump during their Oval Office meeting to not "go back and try to settle scores."
  • Trump, he added, had complimented some of the Biden administration's economic achievements. "He thought I was leaving with a good record," Biden said.

Go deeper: Timeline: Key moments that led to Biden's historic withdrawal

Deadly L.A. County fires destroy thousands of structures

Raging wildfires tearing through Los Angeles County into Thursday have razed neighborhoods across the area, leaving behind a trail of destruction and deaths.

The latest: At least 10 fire-related deaths have been reported as of 9pm local time, per a statement from the County of Los Angeles Department of Medical Examiner.


  • At least two of the deaths occurred in the Palisades Fire and at least three were confirmed in the Eaton Fire, officials said at a briefing earlier Thursday.

State of play: Extra federal and state resources have been deployed to the region, but powerful Santa Ana winds driving fires in extremely dry vegetation have made conditions challenging for firefighters.

  • The Palisades Fire is California's third-most destructive fire on record, burning an estimated 5,316 structures. Cal Fire lists the Eaton Fire as the fourth-most destructive, in terms of structures destroyed, with 5,000-plus structures believed to have been razed.
  • The wildfires have caused "significant damage" to L.A. County's sewer, power and transportation systems, L.A. County Public Works director Mark Pestrella said at the briefing, adding that debris from the fires could be hazardous or even toxic.
  • Images shared online showed flames engulfing multiple homes and residents abandoning their cars in Pacific Palisades, including the Palisades Charter High School and the Getty Villa museum.

Zoom in: The destruction across the greater L.A. area is so vast that parts "look like a bomb was dropped" on them, L.A. Sheriff Robert Luna said at a Thursday briefing.

  • President Biden said Thursday the federal government will cover 100% of California's disaster assistance costs for the wildfires. The funding will support debris and hazardous materials removal, first responders' pay and temporary shelters.
  • Luna added that nearly 180,000 county residents were under evacuation orders.
  • All Los Angeles Unified Schools and offices remained closed on Friday. Almost two dozen school districts have planned full or partial closures, per LAist.

Threat level: The National Weather Service's L.A. office expected the strong winds that have driven the fires that picked back up on Thursday afternoon to continue into Friday.

Situation report: Firefighters made progress with the Palisades Fire, between Malibu and Santa Monica, reaching 6% containment as it burned over 19,978 acres as of 11:19pm local time.

  • The Eaton Fire remained 0% contained over 13,690 acres. However, a brief drop in winds helped firefighters curb the spread of the Eaton Fire and "growth has been significantly stopped," L.A. County Fire Chief Anthony Marrone said.

Meanwhile, L.A. Mayor Karen Bass confirmed on X Thursday that the Sunset Fire in Hollywood Hills was "fully contained" over 43 acres Thursday morning.

  • L.A. County firefighters made progress with the Lidia Fire that's burned 348 acres in a rural, mountainous area near Acton. It was 60% contained as of Thursday evening.
  • The Hurst Fire that's burned 771 acres in the San Fernando Valley, some 25 miles northwest of downtown L.A., was 37% contained.

Driving the news: The wildfires ignited after months of dry weather. Many areas have been hit by hurricane-force gusts of 74 mph or higher. Magic Mountain Truck Trail, east of Santa Clarita, recorded a gust at 90 mph.

  • The NWS' L.A. office said on X peak winds increased again across the region on Thursday and reached 74 mph along the trail that day.
  • Millions of people in Southern California were affected by rare, late-season red flag warnings due to "widespread damaging north to northeast winds and extreme fire weather conditions," per a forecast discussion from the National Weather Service's Los Angeles office.

By the numbers: More than 120,000 customers in Los Angeles and Ventura counties were without power early Friday, according to PowerOutage.us.

Between the lines: Many parts of Southern California have not seen any meaningful rainfall for more than eight months.

In photos: Palisades Fire engulfs L.A. homes

Firefighters battle winds and flames as multiple beachfront homes go up in flames along Pacific Coast Highway in Malibu in the Palisades Fire on Jan. 7. Photo: David Crane/MediaNews Group/Los Angeles Daily News via Getty Images
The Getty Villa art museum is threatened by the Palisades Fire's flames on Jan. 7. Photo: David Swanson/AFP via Getty Images
Three men watch as a house is engulfed in flames from the Palisades Fire on Jan. 7. Photo: Robyn Beck/AFP via Getty Images
A firefighter walks down a driveway to a home engulfed in fire in Pacific Palisades on Jan. 7. Photo: Hans Gutknecht/MediaNews Group/ Los Angeles Daily News via Getty Images
The Palisades Fire burns near homes in Pacific Palisades on Jan. 7. Photo: David Swanson/AFP via Getty Images
A firefighter in Pacific Palisades tackles the wildfire that was pushed by gusting Santa Ana winds on Jan. 7. Photo: Qian Weizhong/VCG via Getty Images
Plumes of smoke from the Palisades Fire in Pacific Palisades on Jan. 7. Photo: David Swanson/AFP via Getty Images
People evacuate their home in Pacific Palisades due to the wildfire on Jan. 7. Photo: David Swanson/AFP via Getty Images
Smoke rises from a burning vehicle during the Palisades Fire on Jan. 7 in Pacific Palisades, Los Angeles. Photo: Qian Weizhong/VCG via Getty Images

Go deeper:

Editor's note: This article has been updated with new details throughout. A prior version had a correction on the rise of the death toll.

Axios' April Rubin contributed reporting.

Trump seeks to stop Special Counsel Jack Smith releasing "imminent" final report

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.
  • Smith's office declined to comment regarding the matter.

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.

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

Editor's note: This article has been updated with Smith's office declining to comment.

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