While tens of thousands of Department of Homeland Security (DHS) employees are struggling to make ends meet, some members of Congress appear to be going about their business as usual during the record-breaking government shutdown.

Instead of staying in Washington to resolve the funding stalemate, both chambers commenced a two-week Easter recess over the weekend, a move that is expected to prolong the record-breaking 46-day shutdown until mid-April.

In the meantime, some lawmakers have been spotted on vacation, posing for selfies on congressionally-sponsored trips and socializing in ritzy casino bars. 

Sen. Lindsey Graham, R-S.C., sparked controversy after being spotted by TMZ at Disney World over the weekend. 

CORNYN TARGETS LAWMAKERS’ AIRPORT FAST PASS AS TSA LINES GROW DURING DHS SHUTDOWN

The South Carolina lawmaker was captured holding a “Little Mermaid”-themed bubble wand retailing for $40. Eyewitnesses told TMZ that Graham was holding the toy for a child while she went to the bathroom.

The influential Republican senator was also seen waiting in line with a family to ride Space Mountain and dining at Disney’s Contemporary Resort. 

Graham blamed Democrats for the ongoing shutdown in a statement to TMZ, adding that he had repeatedly voted for DHS spending bills filibustered by Senate Minority Leader Chuck Schumer, D-N.Y.

“I was invited to a meeting in South Florida on Friday with Trump official Steve Witkoff and others to talk about the possibility of normalization between Saudi Arabia and Israel,” Graham told the outlet. “I went to Orlando to meet friends after. I’m already back in South Carolina.”

“I voted 7 times to fully fund the government. Call a Democrat,” he added.

TMZ’s reporting came after the outlet asked for Americans to send tips about lawmakers on vacation or engaging in leisure during the planned recess period. 

The pictures have sparked outrage, partly because lawmakers — who earn a base salary of $174,000 per year — are still receiving their paychecks, though members can elect to defer their salary until the shutdown ends.

In sharp contrast, certain individuals employed by the U.S. Coast Guard, Federal Emergency Management Agency (FEMA), Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP) and Cybersecurity and Infrastructure Security Agency (CISA) are not expected to receive salaries until DHS funding is restored.

White House press secretary Karoline Leavitt said Monday that Trump wants lawmakers to cancel the recess and “to fund and reopen the Department of Homeland Security entirely.”

The embattled Transportation Security Administration (TSA) workforce began to receive back pay on Monday after reporting to work without pay during the first six weeks of the shutdown, following an executive order from President Donald Trump. More than 500 TSA agents quit during the funding lapse, according to senior DHS officials.

FETTERMAN SLAMS DEMOCRATIC ‘MESS’ AS TSA WORKERS MISS PAYCHECKS DURING DHS SHUTDOWN

Sens. Mike Lee, R-Utah, and Rick Scott, R-Fla., have called on Senate Majority Leader John Thune, R-S.D., to cancel recess and call senators back to Washington. However, neither lawmaker was present during the Senate’s pro forma session on Monday. 

Some lawmakers have defended the planned recess, despite the 46-day shutdown having no clear end in sight.

“You know very well that we’re not off,” Sen. Chris Coons, D-Del., told reporters Monday. “We’re working every day in our home states. For most of us, this is when we have time to go up and down our state and to meet with our constituents and listen to their concerns.”

Rep. Robert Garcia, D-Calif., the top Democrat on the influential House Oversight Committee, was spotted at a casino bar by TMZ over the weekend at the luxurious Fontainebleau Las Vegas resort.

Garcia’s Vegas visit came after he voted against a two-month DHS funding extension late Friday. The California Democrat had previously voted against a full-year DHS spending bill three times, citing his opposition to funding Trump’s illegal immigration crackdown efforts absent reforms.

“Actually, I don’t mind what TMZ is doing here,” Garcia wrote on X following the images’ circulation. “Like the story says my dad has lived in Vegas for 15 years and I had just finished lunch with him. I try to see him whenever I can.”

“And like I said a few days ago, Speaker Mike Johnson should have never sent us all home,” Garcia added. 

Additionally, Rep. Seth Magaziner, D-R.I., is planning to co-host a watch party for the premiere of Bravo’s “The Real Housewives of Rhode Island,” TMZ reported.

The offices of Graham, Garcia and Magaziner did not immediately respond to requests for comment. 

Some lawmakers are also participating in congressionally sponsored trips abroad during the DHS funding lapse.

Sens. Jeanne Shaheen, D-N.H., Thom Tillis, R-N.C., John Curtis, R-Utah, and Jacky Rosen, D-Nev., traveled to Taiwan as part of a congressional delegation to strengthen U.S.-Taiwan ties.

The group was seen smiling while taking photos with Taiwan President Lai Ching-te and other Taiwanese officials on Monday, according to images released on social media by the Senate Foreign Relations Committee Democrats.

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A Rhode Island Democratic state representative is facing blowback on social media after claiming that a mural of Iryna Zarutska, the Ukrainian woman whose brutal murder while riding a North Carolina train sparked national outrage, doesn’t reflect the “values” of the city of Providence.

“Ultimately, we want to make sure that every community member who calls Providence home feels safe,” Rep. David Morales told local media about a mural of Zarutska facing calls to be removed from the exterior of an LGBTQ+ club in downtown Providence.

“We can both agree that this mural behind us does not reflect Providence’s values nor does it reflect the creativity that we would want to see in our city.”

The lawmaker’s comments immediately sparked negative reactions from conservatives on social media after they were posted by the conservative influencer account End Wokeness in a post that has been viewed over 1 million times. 

CHARLOTTE RAIL MURDER SUSPECT LINKED TO INMATE RELEASE APPROVED UNDER EX-DEM GOVERNOR, GOP ALLEGES

“What are his values?” Tesla and SpaceX CEO Elon Musk, who is reportedly involved in the mural project, posted on X.

“He cites people wanting to be ‘safe’ as a reason to destroy a mural on a private building meant to honor a murdered woman,” Red State writer Bonchie posted on X. “You can’t imagine how crazy Democrats are in these blue bastions. You think what you see on MSNBC is nuts? It’s even worse in their bubble cities.”

“Honoring the memory of a Ukrainian immigrant who had her throat slit on public transportation by a repeat offender with 14 prior arrests doesn’t reflect Providence’s values????” Defending Education communications director Erika Sanzi posted on X.

“What ‘value’ does the mural not reflect?” Republican Rep. Chip Roy posted on X.

“Iryna’s death highlights the consequences of warped policies that keep violent criminals out of jail,” Heritage Foundation President Kevin Roberts posted on X. “Memorializing her reminds us that those policies create more victims and should be eliminated. Telling that those aren’t Rep. Morales’ ‘values.’”

“True,” Texas GOP Sen. Ted Cruz posted on X. “Dems would prefer a mural celebrating her murderer.”

“Providence had a George Floyd mural and nobody called it divisive,” GOP strategist and commentator Mehek Cooke posted on X. “Iryna got murdered by a man arrested over a dozen times, and a city couldn’t let her face stay on a wall because the donor list was inconvenient. We means-test grief now.”

CNN commentator Scott Jennings referred to Morales as a “deranged lunatic” in a post on X.

Fox News Digital reached out to Morales’s office for comment but did not receive a response.

Morales responded to Musk on X in a post clarifying what his “values” are. 

“Not to exploit the death of a refugee to push an agenda centered around fear and division,” Morales wrote. “My values, like many of our neighbors in Providence, is to protect our immigrant neighbors from ICE’s state-sanctioned violence and supporting our refugee neighbors with authentic care.”

CHARLOTTE LIGHT-RAIL STABBING MURDER SPURS LANDMARK CRIMINAL JUSTICE REFORM FROM NORTH CAROLINA REPUBLICANS

The mayor of Providence, Democrat Brett P. Smiley, has also spoken out against the mural.

“The murder of the individual depicted in this mural was a devastating tragedy, but the misguided, isolating intent of those funding murals like this across the country is divisive and does not represent Providence,” Smiley said. “I continue to encourage our community to support local artists whose work brings us closer together rather than further divides us.”

Zarutska, a 23-year-old refugee who fled her country after the Russian invasion, was brutally stabbed to death in an unprovoked attack while riding the Lynx Blue Line light rail in Charlotte, N.C., last year. 

The suspect, Decarlos Brown Jr., 34, is charged with violence against a railroad carrier and mass transportation system resulting in death, which is a capital offense under federal law.

Records from the North Carolina Department of Adult Correction show Brown has a prior criminal history, including convictions for larceny, breaking and entering and armed robbery. He served five years in prison starting in 2015.

Zarutska’s death prompted questions about soft on crime policies adopted by many Democratic-run cities. President Donald Trump spotlighted the killing during his State of the Union address last month. 

“Iryna was riding home on the train when a deranged monster, who had been arrested over a dozen times and was released through no-cash bail, stood up and viciously slashed a knife through her neck and body,” Trump said.

Fox News Digital’s Louis Casiano contributed to this report.

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President Donald Trump’s Department of Education has launched “yet another investigation” into Fairfax County, Virginia, after police say that an adult illegal immigrant student allegedly groped a dozen minor girls at a high school he attended.

The Education Department announced Monday that it is opening the investigation following reports “from 12 high school girls who have credibly accused one male student — an illegal immigrant — of sexual assault.”

This comes after outraged Fairfax County parents expressed disgust, frustration and fear about Fairfax County High School’s handling of complaints alleging that 18-year-old illegal alien Israel Flores Ortiz groped several girls from behind on school grounds.

According to the department, this is the latest in a “long list of investigations” it has opened into schools in deep blue Northern Virginia.

LINDA MCMAHON SAYS FEDERAL TAX CREDIT SCHOLARSHIP WILL HELP PARENTS MOVE THEIR CHILD OUT A ‘FAILING SCHOOL’

Flores Ortiz, 18, is facing 13 counts of assault and battery for allegedly inappropriately touching female classmates at a Fairfax County school. 

Fairfax police were alerted on March 5 by Fairfax High School about reports of multiple assaults on campus. An arrest warrant was issued, and Flores Ortiz turned himself in on March 7. He is currently being held at the Fairfax County Adult Detention Center without bond.

According to the Department of Homeland Security, Flores Ortiz is an illegal immigrant from El Salvador who was released into the U.S. under the Biden administration in 2024. U.S. Immigration and Customs Enforcement said a detainer has been filed for him by federal authorities and that he could face removal from the country.

Parent Stacy Langton told Fox News Digital last week that “it’s terrifying as a parent, because when I send my daughters to school, I think they’re safe in the care of the school.”

DEPARTMENT OF EDUCATION TO LEAVE BUILDING AFTER 40 YEARS AS PART OF EFFORT TO ELIMINATE GOVERNMENT AGENCY

“And in this case, they absolutely were not safe, and I don’t know what parent wouldn’t be completely distraught at the idea that their daughters could be getting sexually battered while they’re changing classes,” said Langton.

A spokesperson for Fairfax County Public Schools confirmed the investigation, telling Fox News Digital that it “received the complaint yesterday and is reviewing it.” 

The spokesperson said that the school system is “prepared to fully cooperate with the U.S. Department of Education’s inquiry.”

“We are grateful to our law enforcement partners and are continuing to work closely with them as their investigation into this matter moves forward,” the spokesperson said, adding, “to maintain the integrity of the ongoing investigation, we cannot share additional details at this point.”

They said that “in addition to the law enforcement investigation, Superintendent Dr. Michelle Reid has requested that FCPS retain an independent outside law firm to conduct a comprehensive review of this matter.”

The spokesperson shared that the firm McGuireWoods “will conduct this thorough, objective, and independent review.”

“The goal is clear: to establish a definitive understanding of what occurred, when it occurred, and confirm that all policies, procedures, and regulations were properly followed,” the spokesperson said, adding, “The safety of our students and staff remains a top priority.”

The system previously released a statement saying that it prioritizes the safety of students and staff.

“While Fairfax County Public Schools (FCPS) is unable to comment on specifics due to federal and state privacy laws, we prioritize student and staff safety, and we fully investigate any time someone shares that an incident has occurred at school, or that they do not feel safe at school,” the district said at the time. 

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In addition to the Fairfax County incidents, the Department of Education said it is investigating several other incidents in Northern Virginia schools involving female students filing complaints about inappropriate conduct in female-only spaces by men allowed in under gender identity policies.

The department said that “Virginia’s experiment with radical gender ideology, race-based admissions systems, far-Left indoctrination, and unlawful discrimination has inflicted immeasurable harm on our students,” adding, “It must stop.” 

Fox News Digital’s Landon Mion and Taylor Penley contributed to this report.

More key European allies are restricting U.S. military access as the Trump administration presses ahead with its war against Iran, with both France and Spain moving to block U.S.-linked aircraft from using their airspace or bases.

France has refused overflight for planes carrying U.S. military supplies to Israel, according to President Donald Trump, marking a rare disruption to routine military coordination between Washington and key European allies.

Their refusals carry operational weight because U.S. bases in Europe are “essential” for supporting Middle East operations, acting as critical staging and transit hubs for military aircraft. 

MULTIPLE ALLIES DECLINE US CALLS FOR STRAIT OF HORMUZ SUPPORT AMID RISING MIDDLE EAST TENSIONS

The move marks the latest sign of growing friction between the United States and European allies as President Donald Trump ramps up pressure on NATO partners to support operations tied to the war with Iran.

According to a Tuesday Reuters report, Italy denied permission for U.S. military aircraft to land at the Sigonella Air Base in Sicily before heading to the Middle East, saying Washington had not sought prior authorization from Rome. 

An Italian government statement pushed back on reports of a rupture, saying: “With reference to media reports regarding the use of military bases, the government reiterates that Italy acts in full compliance with existing international agreements and with the policy guidelines set out by the government to parliament.” 

“Relations with the United States, in particular, are solid and based on full and loyal cooperation,” the statement added.

A senior U.S. official reinforced Italy’s claim, telling Fox News Digital, “This is false. Italy is currently supportive in providing access, basing and overflight for U.S. forces.”

Spain on Monday said it had closed its airspace to U.S. planes involved in strikes, going further than its earlier refusal to allow the use of jointly operated bases. Prime Minister Pedro Sánchez has been among the most vocal critics of the U.S. and Israeli campaign.

In remarks before parliament Tuesday, Spain’s defense minister said the government had “prohibited the use of the bases of Rota and Morón” and did not grant flight authorizations “to support operations in Iran.”

The minister stressed the decision was limited specifically to operations linked to Iran and did not signal a broader break with NATO or the United States. 

“If one looks at Spain’s refusal to allow U.S. overflight over its airspace or U.S. bases,” Hemmings said, “one could argue it’s a U.S.-Spanish issue. The prime minister, Pedro Sánchez, a socialist, has no love lost for the MAGA movement. But Italy’s refusal comes after Poland’s refusal to allow a U.S. Patriot anti-missile battery to be redeployed and looks like the U.S. wheels are wobbling — if not coming off.”

Trump on Tuesday escalated his criticism of allies in a series of posts on Truth Social, singling out France and the United Kingdom, although the United Kingdom has continued to allow U.S. aircraft to operate from its territory, including bomber and refueling missions tied to Middle East operations.

TRUMP RATES MACRON ‘AN 8’ AS FRANCE AND US SPLIT OVER MIDDLE EAST STRATEGY

“The Country of France wouldn’t let planes headed to Israel, loaded up with military supplies, fly over French territory,” Trump wrote.

“France has been VERY UNHELPFUL with respect to the ‘Butcher of Iran,’ who has been successfully eliminated! The U.S.A. will REMEMBER!!!,” he added.

A source in the French presidency, the Élysée Palace, told Fox News Digital, “We are surprised by this tweet. France has not changed its position since the first day, and we confirm this decision, which is consistent with the French position since the beginning of the conflict.”

The Israeli Ministry of Defense said Tuesday it is moving to reduce defense procurement from France to zero, replacing it with domestic production or purchases from other allied countries. The ministry also said it has suspended plans for further professional engagement with the French military, including canceling meetings with France’s defense leadership.

In another post on Tuesday, Trump criticized the U.K. while urging allies to take action in the Strait of Hormuz, a critical global oil route disrupted during the conflict.

“All of those countries that can’t get jet fuel because of the Strait of Hormuz, like the United Kingdom, which refused to get involved in the decapitation of Iran, I have a suggestion for you,” Trump wrote.

“Number 1, buy from the U.S., we have plenty, and Number 2, build up some delayed courage, go to the Strait, and just TAKE IT.”

“You’ll have to start learning how to fight for yourself, the U.S.A. won’t be there to help you anymore, just like you weren’t there for us. Iran has been, essentially, decimated. The hard part is done. Go get your own oil!”

TRUMP’S IRAN STRATEGY SHOWCASES ‘DOCTRINE OF UNPREDICTABILITY’ AMID STRIKE THREATS AND SUDDEN PAUSE

War Secretary Pete Hegseth echoed that message during a press briefing Tuesday.

“There are countries around the world who ought to be prepared to step up on this critical waterway as well,” he said. “It’s not just the United States Navy. Last time I checked, there was supposed to be a big, bad Royal Navy that could be prepared to do things like that as well.”

NATO acknowledged the growing strain, pointing to remarks by Secretary-General Mark Rutte from a March 26 press conference.

“What I’ve been seeing is some frustration with him (Trump), about the Europeans needing to take time to react to his request, when it comes to this question of making sure that sea lanes are open,” Rutte said.

“There is a reason for that … the U.S. was not able to consult with allies because they wanted to keep the campaign secret,” he said. “But that also had the disadvantage that it takes time for the Europeans to get organized.”

Rutte added that more than 30 countries have since joined discussions on securing maritime routes, “exactly also to the request of President Trump.”

Hemmings warned the fallout could have broader strategic consequences. 

“There is something deeper here, though, and that is that there is a growing transatlantic rift between right-leaning populists and left-leaning populists,” he said. “The fact is that the U.S. and many Western European countries are not only split over NATO spending and trade; they are split ideologically.”

“This should worry planners at the Pentagon and at NATO headquarters in Brussels,” he said. “Despite recent changes in U.S. force structure in Europe, changes have been incremental and carefully broadcast. The U.S. and Europe still need each other badly for defense-industrial cooperation, for helping bring Ukraine to victory, and for deterring their mutual adversaries.”

Fox News Digital also reached out to Italy and the Pentagon but did not receive responses in time for publication.

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Confrontational and expletive-laden social media posts by a Republican candidate for Arkansas secretary of state are in the campaign spotlight in a GOP nomination runoff election in the solidly red state.

U.S. Army veteran Bryan Norris is facing off against state Sen. Kim Hammer in Tuesday’s ballot box battle for the Republican nomination in the race to succeed Secretary of State Cole Jester.

Both candidates for the top elections job in Arkansas have spotlighted their support for President Donald Trump but have offered different plans for implementing the president’s push to overhaul voting.

Hammer enjoys the backing of top Arkansas Republicans, including Sen. Tom Cotton, Gov. Sarah Huckabee Sanders, Lt. Gov. Leslie Rutledge, Attorney General Tim Griffin and Jester.

HEAD HERE FOR THE LATEST FOX NEWS REPORTING FROM THE CAMPAIGN TRAIL

The current secretary of state, in endorsing Hammer, called on Norris to drop out of the race over his controversial past social media posts.

Among those posts is one responding to Cotton where Norris, pointing to the senator, wrote, “With all due respect, and from one combat veteran to another … F— You Tom!”

CLICK HERE FOR POLITICAL COVERAGE FROM FOX NEWS 

Asked about the profane comment, Norris told the Camden News it stemmed from long-standing frustrations he had with the senator after he retired from the Army.

In an interview with KATV, Norris acknowledged using “some salty language from time to time” but pledged, “you’re never going to hear me talk or speak that way again.”

Norris, who is running as an outsider and is backed by far-right Trump allies, including former national security adviser Michael Flynn and MyPillow CEO Mike Lindell, and Hammer were the top two vote-getters in Arkansas’ March 3 GOP secretary of state primary. Because no candidate topped 50%, Norris and Hammer advanced to the runoff election.

The winner will face off in November’s general election against Democrat Kelly Grappe, who ran unopposed for her nomination.

The eventual Republican nominee will be considered the clear frontrunner for the general election in Arkansas, where no Democrat has won statewide since 2010.

The Associated Press contributed to this report.

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Rep. Eric Swalwell, D-Calif., is threatening legal action against the Federal Bureau of Investigation (FBI) as it reportedly considers releasing potentially damaging files just weeks before he faces voters in California’s wide-open gubernatorial race.

Lawyers for Swalwell sent a cease-and-desist letter to FBI Director Kash Patel, warning the bureau would violate federal privacy law if it moves ahead with releasing records regarding the congressman’s decade-old relationship with a suspected Chinese spy named Christine “Fang Fang” Fang. 

“[Y]our attempt to release the file is a transparent attempt to smear him and undermine his campaign for Governor of California,” Swalwell’s attorneys, Sean Hecker and Norm Eisen, said in a recent letter to Patel obtained by The Associated Press. “Your actions threaten to expose you, others at the FBI, and the FBI itself to significant legal liability. Indeed, disclosure of the investigative file would violate federal law in several respects.”

The FBI did not immediately respond to a request for comment.

ADAM SCHIFF MAKES ENDORSEMENT IN CALIFORNIA GUBERNATORIAL RACE

The letter comes as The Washington Post first reported that Patel is weighing the release of investigative records related to Swalwell’s past relationship with Fang, who is accused of cultivating ties with Swalwell and other California Democrats for espionage purposes. 

The suspected Chinese spy operative helped fundraise for Swalwell’s 2014 House re-election campaign and placed at least one intern in his office. Swalwell cut off ties with Fang in 2015 after the FBI alerted him to the suspected Chinese influence campaign.

The Justice Department did not pursue criminal charges at the time and Swalwell has denied any wrongdoing. A probe launched by the House Ethics Committee also concluded in 2023 without accusing Swalwell of any violations.

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Swalwell’s lawyers also accused Patel of potentially violating long-maintained DOJ policy that prohibits law enforcement from taking any public investigatory action against political candidates in the two months prior to an election. 

Early voting for California’s June 2 gubernatorial primary begins in early May. Swalwell is vying to be among the top two vote-getters that advance to the general election after jumping into the race in late 2025.

“It’s not lost on me that we’re 34 days until Californians start voting,” Swalwell told CNN’s Brianna Keilar on Monday. “We’ve consistently been in the lead in this governor’s race. And the president wants a Western White House.”

Swalwell is a vocal critic of President Donald Trump and served as an impeachment manager during the president’s second impeachment in 2021, following the Jan. 6 attack on the U.S. Capitol.

The California Democrat has also been criminally referred to the DOJ for alleged mortgage fraud.

Rep. Jamie Raskin, D-Md., has also blasted Patel for reportedly advocating for the release of the so-called “Fang Fang” files. 

“What the hell does that have to do with law enforcement?” Raskin said Saturday. “This is plain weaponization of the FBI for partisan political purposes.”

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The Department of Homeland Security is firing back at comedian Jimmy Kimmel, accusing the late-night host of ridiculing Secretary Markwayne Mullin’s blue-collar roots.

In a statement to Fox News Digital, a DHS spokesperson defended Mullin’s journey from a family plumbing business to the president’s Cabinet.

“Secretary Mullin represents the best of blue-collar America, and failed comedian Jimmy Kimmel chooses to ridicule him for it,” the agency said.

The disagreement began after Kimmel mocked Mullin’s qualifications during his show last week. He compared the former senator’s qualifications to those of the famous Nintendo character Mario, a plumber.

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“He’s the now-former senator of Oklahoma. Before he was elected to the Senate, Markwayne Mullin was a low-level MMA fighter and a plumber. That’s right. We have a plumber protecting us from terrorism now. It worked for Super Mario. Why not Markwayne?” Kimmel said.

Mullin attended college on a wrestling scholarship before leaving to take over his family’s plumbing business when his father became ill. Before becoming Homeland Security secretary, Mullin represented Oklahoma in the House and Senate for over a decade.

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“In what other country could a young plumber from rural Oklahoma get fed up one day, run for Congress, serve his community in the House and Senate, and then be called to serve in the president’s Cabinet to protect the homeland?” DHS added.

MULLIN FACES DEMOCRAT GRILLING IN FIRST HURDLE TO LEAD DHS AMID SHUTDOWN FIGHT

Kimmel defended his original comments on Thursday, directly addressing the backlash during his monologue.

“Let me make this very clear, I’m not upset that the head of Homeland Security used to be a plumber. I’m upset that he isn’t still a plumber,” Kimmel said, accusing conservative commentators of twisting his words and arguing he was not trying to insult plumbers.

“I wouldn’t put a plumber in charge of Homeland Security for the same reason I wouldn’t call a five-star general to pull a rat out of my toilet. OK? We all have our areas of expertise,” Kimmel added.

The DHS statement also pointed to comments from President Donald Trump on “The Five” Thursday, where he called Mullin “country smart” and well-respected. Mullin was sworn in as DHS chief last week after his confirmation by the U.S. Senate.

A representative for Kimmel did not immediately respond to a request for comment.

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The Supreme Court ruled Tuesday that Colorado cannot enforce its so-called “conversion therapy” ban regarding conversations between therapists and minors, saying the law likely violates the First Amendment by allowing some viewpoints but not others.

In an 8–1 decision, the high court said the law favors one viewpoint by allowing therapists to affirm a minor’s gender identity or sexual orientation, but not help them to change it if they want to.

The decision stemmed from a lawsuit brought by Kaley Chiles, a licensed Christian therapist, who argued her conversations with youth clients were a form of protected speech. The Colorado government had said the conversations amounted to professional conduct that the state was allowed to regulate.

SUPREME COURT SKEPTICAL OF “CONVERSION THERAPY” LAW BANNING TREATMENT OF MINORS WITH GENDER IDENTITY ISSUES

At issue in the case was a law Colorado passed in 2019 that banned what the state government described as conversion therapy.

Justice Neil Gorsuch wrote the majority opinion, saying the question before the high court was a “narrow one” and that Chiles did not seek to toss out the Colorado law but rather consider whether it could apply to therapy that was strictly conversational.

“The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” Gorsuch wrote. “It reflects instead a judgment that every American possesses an inalienable right to think and speak freely, and a faith in the free marketplace of ideas as the best means for discovering truth. However well-intentioned, any law that suppresses speech based on viewpoint represents an ‘egregious’ assault on both of those commitments.”

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In the lone dissent, Justice Ketanji Brown Jackson said the majority “plays with fire in this case” and that she feared “the people of this country will get burned.”

“Before now, licensed medical professionals had to adhere to standards when treating patients: They could neither do nor say whatever they want,” Jackson wrote. “Largely due to such State regulation, Americans have been privileged to enjoy a long and successful tradition of high-quality medical care.”

About two dozen states and Washington, D.C., have laws in place that are similar to Colorado’s that could be affected by the Supreme Court’s decision.

Chiles’ lawyers had said in court papers that she believed that people “flourish when they live consistently with God’s design, including their biological sex.” They said Chiles used faith-based counseling to “reduce or eliminate unwanted sexual attractions, change sexual behaviors, or grow in the experience of harmony with one’s physical body.”

Colorado Solicitor General Shannon Stevenson had countered during oral arguments in October that no court had ever held that a law like Colorado’s implicated the First Amendment, saying the law applied only to treatments.

“A state cannot lose its power to regulate the very professionals that it licenses just because they are using words,” Stevenson had said. 

Alliance Defending Freedom attorney Jim Campbell, who argued the case on behalf of Chiles before the Supreme Court, called the ruling a “significant win.”

“Kids deserve real help affirming that their bodies are not a mistake and that they are wonderfully made. The U.S. Supreme Court’s decision today is a significant win for free speech, common sense, and families desperate to help their children,” Campbell said in a statement. “States cannot silence voluntary conversations that help young people seeking to grow comfortable with their bodies.”

Fox News’ Bill Mears contributed to this report. 

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