DOJ

Newsom brushes aside escalating DOJ probe into travel as retribution

Gov. Gavin Newsom dismissed an escalating federal investigation into his administration, including the donations that paid for his travel, saying it was retribution for his criticism of President Trump and his policies.

Newsom’s response Saturday comes after a report in the San Francisco Standard that subpoenas were issued in early September seeking records from the California State Protocol Foundation. The nonprofit pays for Newsom’s travel expenses and is funded primarily by corporate donations and run by a board Newsom appoints.

The latest legal development comes three months after Newsom accused the Justice Department of launching a baseless, politically motivated investigation of him and his wife, documentary filmmaker Jennifer Siebel Newsom. The Democratic governor, who is considering a 2028 run for president, at the time said that federal agents had “knocked on the doors of family friends and former employees,” and were digging through years of records in a quest to find any kind of wrongdoing by him or his wife.

Newsom’s spokesperson Tara Gallegos called the latest developments part of a “baseless MAGA conspiracy theory.”

“There is just a sick man in the White House weaponizing the federal government to settle personal scores. It’s deeply upsetting to see innocent staff, friends, and family have their names dragged through the mud just because they’re associated with the Governor,” Gallegos said in a statement.

The subpoenas issued stated that the information sought was for an ongoing criminal inquiry and was signed by Assistant U.S. Atty. Michael D. Anderson, according to the Standard. The information requested included communications with Steve Kawa, who has served as head of the foundation and was Newsom’s chief of staff when he was mayor of San Francisco, and Rebecca Prowda, who works for the foundation and is the wife of San Francisco Mayor Daniel Lurie, the news report stated.

“We are not able to discuss any investigations at present, but the Protocol Foundation will continue its work, defraying costs from taxpayers while representing all Californians,” said Lily Becker, an attorney who provided a statement on behalf of the foundation.

The protocol foundation was created as a tax-exempt charity during Republican Gov. Arnold Schwarzenegger’s administration in 2004, and was intended to defray taxpayer costs for the governor’s travel.

When Schwarzenegger left office, his supporters turned the protocol foundation over to Democratic Gov. Jerry Brown’s backers, who in turn handed it over to Newsom’s team. The foundation describes its mission in federal tax filings as “relieving the State of California of its obligations to fund certain expenditures of the Governor’s Office.”

Newsom appoints members to the foundation board, which determines what expenses to cover in the governor’s office.

The foundation covers the cost of Newsom’s international travel and certain domestic trips. His staff’s travel is also covered by the foundation. The foundation paid nearly $4,000 for his trip to Mexico City to attend the inauguration of Mexico’s first female president, Claudia Sheinbaum, and paid $15,200 for the governor’s 2023 trip to China, where he visited five cities in seven days.

In 2020, the foundation paid $8,800 for Newsom to travel to Miami for Super Bowl LIV — where he said he was representing the state as the San Francisco 49ers faced the Kansas City Chiefs.

Among the donors to the foundation are healthcare giants Centene and CVS Pharmacy. Others include the clean-energy nonprofit U.S. Energy Foundation, which donated $150,000 for the California delegation to attend COP30 in Belém, Brazil. The William and Flora Hewlett Foundation donated $300,000 in a 2023 behested payment earmarked for the California delegation traveling to China for the meetings on climate change. UC Berkeley gave $220,000 for the governor’s office’s trip to the Vatican in 2024.

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DOJ went after protesters for felony assault, but juries, judges were unconvinced

The U.S. Justice Department failed to secure felony convictions against most of the 102 protesters arrested in Los Angeles and three other major cities last year on charges of assaulting federal authorities — a record far below the norm in federal assault prosecutions.

All of the dozen cases that made it to trial, mostly in L.A., ended in acquittal, mistrial or dismissal. Experts say that’s surprising for a department known for its ability to win at trial. The last three felony assault cases, in L.A. and Portland, Ore., will go to trial this fall.

The dismal record has raised questions about rushed investigations and aggressive charging tactics by prosecutors under pressure to show the Trump administration is cracking down on people who assault law enforcement. It comes as the Justice Department is facing broader setbacks in politically charged investigations, with grand juries repeatedly refusing to return indictments and trial juries granting acquittals.

“Prosecutors tend to win because they control what cases they pursue and they have a lot of resources and discretion,” said Mary Fan, a former federal prosecutor and law professor at the University of Washington.

The fact that the government failed to win any felony assault convictions at trial calls into question “whether or not these charges should have ever been brought in the first place,” she said.

Tracking the outcome of 167 arrests

The Associated Press’ analysis focused on arrests made during protests last summer and fall in L.A., Chicago, Portland and Washington, D.C. — cities with significant protests where President Trump deployed the National Guard or tried to.

Then-Atty. Gen. Pam Bondi said those who interfered with federal law enforcement would face “severe consequences.”

Most of the arrests — 102 — were for felony assault on a federal officer, which can carry a sentence of up to 20 years in prison. Of those cases, 41% were dismissed and 34% were pleaded down to misdemeanors. Ten people pleaded guilty to felony assault. Nine people got prison time.

Of those arrested on other charges, seven were sentenced to prison for offenses including arson and obstructing law enforcement. A few defendants have diversion agreements, meaning their cases will be dismissed if they demonstrate good behavior.

The AP’s analysis shows that the Justice Department’s record failed to meaningfully improve since December, when an initial assessment showed early struggles to prosecute people on the charges for which they were arrested.

The Justice Department said in a statement that federal prosecutors are right to prioritize cases against people accused of assaulting federal officers and that “each case is based on the facts.”

“If there are mitigating factors identified in a case, then prosecutors must also act appropriately to inform the court, and in some cases downgrade or drop charges,” the department said.

Prosecutors failed to persuade

It’s rare for federal prosecutors to lose at trial. In 2024, 82% of defendants charged with felony or misdemeanor assault were convicted at trial or with a plea deal, according to data from the Administrative Office of the U.S. Courts. AP’s analysis found that less than half of the protesters charged for either felony or misdemeanor assault were convicted.

In Portland, a jury couldn’t reach agreement on felony assault charges for Oriana Korol, who was playing clarinet in a marching band demonstrating outside the city’s Immigration and Customs Enforcement building last October when a scuffle involving officers broke out. Officers pepper-sprayed her and pushed her to the ground, where she struck one with her foot, according to court documents.

After a mistrial, prosecutors filed a reduced misdemeanor assault charge. She pleaded guilty and was sentenced Sept. 1 to time served and one year of supervised release.

Her attorneys wrote in a court filing that she “has accepted responsibility for the bad choices she made over a few seconds that caused no injury.”

Jonathan Caravello, a lecturer at California State Channel Islands, was acquitted of assault on a federal officer after a three-day trial. He was accused of throwing a tear gas canister deployed by immigration agents back at them while protesting a raid at a Camarillo cannabis farm.

Caravello said he was trying to get the canister away from the crowd. Videos showed he had tossed it high above officers’ heads and it landed far behind them. The jury acquitted Caravello after a quick deliberation.

“They’re trying to get a chilling effect out of these charges,” said Caravello, who turned down a misdemeanor plea deal.

Michael Rabbitt was among six co-defendants accused of felony conspiracy to impede a government vehicle from accessing an ICE facility near Chicago last September.

The vehicle slowly advanced despite being surrounded by protesters, leading some to put their hands on it, Rabbitt said.

After the government dismissed charges against two of the defendants, defense attorneys requested transcripts of the grand jury proceedings that led to the conspiracy indictment. The government eventually dropped the conspiracy charge and proceeded on misdemeanor counts of impeding a federal officer.

The judge later reviewed the unredacted transcripts and admonished prosecutors for improper behavior before the grand jury. The charges were dismissed days before trial.

Rabbitt said he was proud they fought the charges.

“This case was bigger than us,” he said. “I’m proud that we won this case, not just for us, but for protesters across the country.”

Many pleaded down

Though many federal criminal cases end in plea deals, some legal experts say it’s rare for felony assault to be pleaded down and may signal overcharging — filing a more severe initial charge so defendants will be more willing to plead guilty to one with a lighter sentence.

“I think when prosecutors bring charges ethically, they should be prepared to prove them beyond a reasonable doubt,” said Laurie Levenson, a former federal prosecutor who is a professor at Loyola Law School in Los Angeles.

The U.S. Attorney’s office overseeing Los Angeles said it brought the prosecutions in response to a “wave of violence against law enforcement officers who were doing their jobs.” It voluntarily dismissed charges against some defendants after further investigation, it said.

L.A. prosecutors have arrested three additional people for felony assault at immigration-related protests this year. One pleaded guilty to a felony and two to misdemeanors.

In Chicago, all but one of 19 felony assault cases were dismissed. The U.S. Attorney’s offices in the Northern District of Illinois, District of Columbia and Oregon did not respond to requests for comment.

Some DOJ convictions

A man accused of throwing a Molotov cocktail at a hotel outside Los Angeles where federal authorities were staying was sentenced to five years in prison. Two others were sentenced to more than three years after pouring lighter fluid on a burning California Highway Patrol vehicle.

Federal judges sentenced eight people to decades in prison for their participation in a demonstration outside a detention center in Texas in July 2025 where a police officer was shot in the neck.

Three people were convicted at trial of conspiracy to impede or injure an officer for protesting outside a detention facility in Spokane, Wash., in June 2025. The Spokane and Texas cases were not included in AP’s analysis because they did not occur in one of the four cities where Trump deployed troops or attempted to.

Ding and Rush write for the Associated Press. Rush reported from Portland. AP writers Eric Tucker and Alanna Durkin Richer in Washington contributed to this report.

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Justice Department seeks more information on $22-billion Roku deal after Trump blasts ouster of Fox News host

Fox Corp.’s $22-billion acquisition of San José-based Roku, operator of streaming services and seller of hardware devices, seemed like a straightforward deal when it was announced in June: A growing media company was looking to bolster its presence in the fast-growing streaming industry.

But, on Wednesday, the Trump administration weighed in.

Fox Corp. and Roku said that the companies received requests from the Justice Department on Tuesday for additional information in connection with its review of the merger.

While Fox and Roku downplayed the requests, saying that they had expected the outreach, the timing of the move raised eyebrows among some analysts, who said it could signal further scrutiny of the transaction by the Justice Department.

“The president has been outspoken on the fact that he will take retaliatory action against networks that say things that he doesn’t agree with, or they do things that he doesn’t agree with,” said Rob Enderle, principal analyst at advisory services firm Enderle Group.

The action follows President Trump’s surprise over Fox’s ouster of anchor Maria Bartiromo. She was pushed out after she had shared internal company texts with the White House, which sources told The Times may have been the breaking point.

Trump said on social media that he couldn’t believe that Bartiromo will no longer have her shows on Fox. “Her fans, of which there are many, will not be happy,” he wrote on Truth Social on Sept. 3.

Associate Atty. Gen. Stanley Woodward said the Justice Department could not comment on pending matters but said in a statement: “We can affirm that this DOJ under President Trump’s leadership will continue to prioritize affordability for all Americans across our economy.”

Fox announced in June its plans to acquire Roku for $22 billion, which would give the company access to Roku’s 100 million households that use its platform to connect to different streaming services. The deal would benefit Fox’s advertising business, as well as make it less reliant on traditional pay TV platforms.

Fox and Roku said they expect the merger to be done by the first half of 2027, subject to regulatory and shareholder approval, according to a Sept 9 filings with the U.S. Securities and Exchange Commission.

“FOX and Roku will continue to work cooperatively with the DOJ in its review of the Mergers,” Fox said in its filing.

Some legal experts said it is fairly standard for the Justice Department to make an additional request for information.

“It doesn’t mean that their review is going to be more extensive than usual,” said Ray Seilie, an entertainment attorney at law firm Kinsella Holley Iser Kump Steinsapir.

For example, the Justice Department made a second request for information when it reviewed Paramount Skydance’s deal to buy Warner Bros. Discovery, he said. The merging companies typically send information that helps the government figure out what the market impact will be of a merger, he added.

The Justice Department ultimately approved Paramount’s planned acquisition, despite opposition from some industry stakeholders. State attorneys general and the Writers Guild of America have sued Paramount over the deal, raising antitrust concerns. Others have pointed out close ties between Trump and Larry Ellison, a financial backer of the deal, who has also donated money to a group that supports Trump. Ellison’s son, David, is chief executive of Paramount Skydance.

Legal experts and analysts said they don’t think the combination of Fox and Roku raises antitrust issues because they are not dominant players in streaming and have businesses that complement each other.

But one wild card is Trump.

“You never know what Trump is going to seize on and decide he wants to do,” said Bryan Sullivan, a partner with law firm Early Sullivan Wright Gizer & McRae on whether Trump will take retaliatory action through the Justice Department in the Fox-Roku deal. “It’s chaos in the federal government and it could very well happen because of that reason, but it could also just be a blip and not a big deal.”

Times staff writer Stephen Battaglio contributed to this report.

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DOJ asks Supreme Court to lift block on USPS mail-in voting authority

Sept. 3 (UPI) — The Trump administration is asking the Supreme Court to permit enforcement of its mail-in voting restrictions, arguing it will suffer irreparable harm because two states will begin sending ballots to voters before the block is to expire next week.

Filed Thursday by Solicitor General D. John Sauer, the request for an immediate administrative stay of the district court’s temporary restraining order comes in protracted litigation over a Trump administration rule giving the U.S. Postal Service authority to screen outbound mail-in ballots for compliance with envelope standards and verify recipients have been entered on their state’s USPS Mail-In and Absentee Participation list.

Last week, U.S. District Judge Indira Talwani in Massachusetts sided with the League of Women Voters in Massachusetts, which has been fighting the rule it says is unlawful and violates federalism principles of the Constitution, issuing a 14-day block against enforcing its key provisions while she considers the request to impose a longer, more restrictive preliminary injunction.

In his filing Thursday, Sauer argued that the federal government will be irreparably harmed if the restraining order is not lifted before North Carolina and Alabama send out their mail-in ballots next week, saying a court decision would come too late for those ballots.

“With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud,” he said.

Sauer continued that despite Talwani’s order allowing the Postal Service and states to take steps to ensure their envelopes meet the rule’s requirements, her block “risks sowing confusion and chaos because it makes those preparatory steps voluntary, rather than mandatory.

“Thus, if the order is eventually stayed and the rule takes effect for this year’s elections — as should occur — there is a grave risk that states may not have taken the necessary steps to comply due to the false sense of latitude created by the court’s improper order, potentially depriving those states’ citizens of the ability to vote by mail,” he said.

Despite using the mail to vote himself, Trump has long been a critic of mail-in ballots, claiming them to be a source of voting fraud, though studies have found no evidence that mail voting produces higher overall rates of voter fraud.

The USPS rule is one of several actions Trump and his administration have taken ahead of November’s midterm elections, which the president has become increasingly focused on as he has warned Republicans that losing the House to Democrats could lead to his impeachment as well as investigations. While the moves generally have widespread Republican support, Democrats and critics say they are efforts to rig the midterms.

The new USPS rule being litigated comes in response to an executive order Trump signed in March to expand federal control over mail-in ballots, including authorizing the USPS not to send them to voters unless certain conditions are met.

Two weeks ago, the high court lifted an injunction blocking Trump’s mail-voting executive order, stating the challenge to the USPS provisions was premature as the agency had yet to issue a final rule. After the final rule was published Aug. 26, two dozen Democratic-led states and the District of Columbia sued, resulting in the two-week block the Trump administration is now contesting.

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