update - Letitia James motions to remove Trump appointed US Attorney for New York
- Thread starter mandrill
- Start date
Johnson criticized for quickly swearing in Republican while making Democrat wait 50 days
Speaker of the House Mike Johnson is coming under fire after a report revealed he expects to swear in this week the newest Republican elected to Congress, Matt Van Epps, for whom Johnson campaigned. Van Epps won a narrow victory Tuesday night in a deep red Tennessee district. The move comes after Johnson most recently delayed seating Democratic U.S. Rep. Adelita Grijalva of Arizona for 50 days.
Johnson offered an array of explanations for why he would not swear in Congresswoman Grijalva, who won her September election for a seat vacant since March but was not seated until November.
Among his reasons were that the House was not in session, there was a federal government shutdown, and her election had to be officially certified. Critics noted that other members-elect had been sworn in under similar circumstances.
In October, The Guardian reported that Grijalva “thinks she knows the reason why Johnson is in no rush to administer the oath: in addition to co-sponsoring bills on the environment, public education and other issues she campaigned on addressing, Grijalva plans to provide the final signature on a petition that would force a vote on legislation to release files related to accused sex trafficker Jeffrey Epstein – which the speaker and Donald Trump oppose.”
Now, critics are blasting Johnson, after Punchbowl News’ Jake Sherman reported on the Speaker’s expected timeline.
“I was led to believe that waiting almost two months was customary and totally normal,” snarked Robbie Sherwood, communications director of the Arizona House Democratic Caucus.
“Ummmmmmmmmmmmmmmm, the last member had to wait 50 days,” observed political commentator Molly Jong-Fast.
“Oh so he can just swear anyone in immediately if he feels like it,” noted Hemant Mehta, who writes the Friendly Atheist on Substack.
“Guess the speed of democracy depends on who you voted for and what they look like,” charged Democratic strategist Adam Parkhomenko.
Speaker of the House Mike Johnson is coming under fire after a report revealed he expects to swear in this week the newest Republican elected to Congress, Matt Van Epps, for whom Johnson campaigned. Van Epps won a narrow victory Tuesday night in a deep red Tennessee district. The move comes after Johnson most recently delayed seating Democratic U.S. Rep. Adelita Grijalva of Arizona for 50 days.
Johnson offered an array of explanations for why he would not swear in Congresswoman Grijalva, who won her September election for a seat vacant since March but was not seated until November.
Among his reasons were that the House was not in session, there was a federal government shutdown, and her election had to be officially certified. Critics noted that other members-elect had been sworn in under similar circumstances.
In October, The Guardian reported that Grijalva “thinks she knows the reason why Johnson is in no rush to administer the oath: in addition to co-sponsoring bills on the environment, public education and other issues she campaigned on addressing, Grijalva plans to provide the final signature on a petition that would force a vote on legislation to release files related to accused sex trafficker Jeffrey Epstein – which the speaker and Donald Trump oppose.”
Now, critics are blasting Johnson, after Punchbowl News’ Jake Sherman reported on the Speaker’s expected timeline.
“I was led to believe that waiting almost two months was customary and totally normal,” snarked Robbie Sherwood, communications director of the Arizona House Democratic Caucus.
“Ummmmmmmmmmmmmmmm, the last member had to wait 50 days,” observed political commentator Molly Jong-Fast.
“Oh so he can just swear anyone in immediately if he feels like it,” noted Hemant Mehta, who writes the Friendly Atheist on Substack.
“Guess the speed of democracy depends on who you voted for and what they look like,” charged Democratic strategist Adam Parkhomenko.
Arkansas attorney general says pardoned nursing home operator should serve state sentence
LITTLE ROCK, Ark. (AP) — Arkansas' attorney general is seeking to have a former nursing home operator who was pardoned by President Donald Trump serve time in state prison for Medicaid fraud and tax evasion.
Tim Griffin asked a Pulaski County judge in a court motion Tuesday to order Joseph Schwartz to report to prison to serve 31 days before he is eligible for parole under his state conviction. Griffin asked the judge to give Schwartz seven days to report.
Schwartz pleaded guilty in federal court last year for his role in a $38 million employment tax fraud scheme involving nursing homes he owned across the country. Trump pardoned him last month.
As part of a plea agreement with the state, Schwartz was sentenced to one year to run concurrently with his federal prison time. Griffin, a Republican, said in court filings that Schwartz still has a debt to the state.
“In addition to his prison time, he still owes more than $1 million to the state in restitution and fees,” Jeff LeMaster, a spokesperson for Griffin's office, said in a statement. “We will ensure he fulfills all of his obligations to the state.”
Griffin also said Schwartz should be considered a flight risk.
Kevin Marino, an attorney for Schwartz, said the state should not succeed in its request.
“We do not believe that motion is well-made, and we’re confident Mr. Schwartz will prevail,” Marino said.
Under Arkansas law, Schwartz is required to serve a third of his sentence before he becomes eligible for parole. He previously served 90 days in state custody.
Federal prosecutors said Schwartz, who operated New Jersey-based Skyline Management Group, willfully failed to pay employment taxes relating to numerous health care and rehabilitation facilities that Skyline ran in 11 states.
Between October 2017 and May 2018, Schwartz caused taxes to be withheld from employees’ pay but then failed to pay over more than $38 million in employment taxes to the IRS, according to the Justice Department.
Andrew Demillo, The Associated Press
LITTLE ROCK, Ark. (AP) — Arkansas' attorney general is seeking to have a former nursing home operator who was pardoned by President Donald Trump serve time in state prison for Medicaid fraud and tax evasion.
Tim Griffin asked a Pulaski County judge in a court motion Tuesday to order Joseph Schwartz to report to prison to serve 31 days before he is eligible for parole under his state conviction. Griffin asked the judge to give Schwartz seven days to report.
Schwartz pleaded guilty in federal court last year for his role in a $38 million employment tax fraud scheme involving nursing homes he owned across the country. Trump pardoned him last month.
As part of a plea agreement with the state, Schwartz was sentenced to one year to run concurrently with his federal prison time. Griffin, a Republican, said in court filings that Schwartz still has a debt to the state.
“In addition to his prison time, he still owes more than $1 million to the state in restitution and fees,” Jeff LeMaster, a spokesperson for Griffin's office, said in a statement. “We will ensure he fulfills all of his obligations to the state.”
Griffin also said Schwartz should be considered a flight risk.
Kevin Marino, an attorney for Schwartz, said the state should not succeed in its request.
“We do not believe that motion is well-made, and we’re confident Mr. Schwartz will prevail,” Marino said.
Under Arkansas law, Schwartz is required to serve a third of his sentence before he becomes eligible for parole. He previously served 90 days in state custody.
Federal prosecutors said Schwartz, who operated New Jersey-based Skyline Management Group, willfully failed to pay employment taxes relating to numerous health care and rehabilitation facilities that Skyline ran in 11 states.
Between October 2017 and May 2018, Schwartz caused taxes to be withheld from employees’ pay but then failed to pay over more than $38 million in employment taxes to the IRS, according to the Justice Department.
Andrew Demillo, The Associated Press
Trump loses DC legal battle
U.S. District Judge Jia Cobb ruled that President Donald Trump overstepped his authority by deploying 2,000 National Guard troops to Washington, D.C.
In her decision, she found the deployment unlawful and noted that he cannot send troops “for the deterrence of crime.”
The lawsuit
In August, Trump declared an emergency in the capital, placing the local police under federal control while deploying National Guard units.
Even after the order expired a month later, the troops remained.
D.C. Attorney General Brian Schwalb sued the administration over the deployment.
The lawsuit was one of several legal challenges the president faced regarding his use of federal forces, including similar actions in Los Angeles and Chicago.
“Armed soldiers should not be policing American citizens on American soil. The forced military occupation of the District of Columbia violates our local autonomy and basic freedoms. It must end,” Schwalb wrote at the time.
Trump justified sending the National Guard, claiming it was necessary to stop “crime, bloodshed, bedlam and squalor and worse.”
The ruling
In her ruling, Judge Cobb explained that Trump’s role as commander in chief of the Guard does not override federal laws.
These laws restrict how troops can be federalized and deployed, particularly in Washington, D.C., which falls under Congress.
In her 61-page ruling, Cobb noted, “The Court rejects Defendants’ fly-by assertion of constitutional power, finding that such a broad reading of the President’s Article II authority would erase Congress’s role in governing the District and its National Guard.”
Effective date
Judge Cobb, who was appointed by former President Joe Biden, determined that the Pentagon could not legally send 1,000 out-of-state National Guard troops to support law enforcement in the capital.
The ruling’s effective date was set for December 11, allowing the Trump administration an opportunity to appeal.
‘Dangerous precedent’
Following the ruling, Schwalb doubled down on his criticism of the federal government’s deployment.
“From the beginning, we made clear that the U.S. military should not be policing American citizens on American soil,” he said in a statement.
“Normalizing the use of military troops for domestic law enforcement sets a dangerous precedent, where the president can disregard states’ independence and deploy troops wherever and whenever he wants – with no check on his military power. This unprecedented federal overreach is not normal, or legal,” he continued. “It is long past time to let the National Guard go home – to their everyday lives, their regular jobs, their families, and their children.”
Despite losing in court, the White House isn’t backing down.
“President Trump is well within his lawful authority to deploy the National Guard in Washington, D.C., to protect federal assets and assist law enforcement with specific tasks,” White House spokesperson Abigail Jackson said. “This lawsuit is nothing more than another attempt — at the detriment of D.C. residents — to undermine the president’s highly successful operations to stop violent crime in D.C.”
U.S. District Judge Jia Cobb ruled that President Donald Trump overstepped his authority by deploying 2,000 National Guard troops to Washington, D.C.
In her decision, she found the deployment unlawful and noted that he cannot send troops “for the deterrence of crime.”
The lawsuit
In August, Trump declared an emergency in the capital, placing the local police under federal control while deploying National Guard units.
Even after the order expired a month later, the troops remained.
D.C. Attorney General Brian Schwalb sued the administration over the deployment.
The lawsuit was one of several legal challenges the president faced regarding his use of federal forces, including similar actions in Los Angeles and Chicago.
“Armed soldiers should not be policing American citizens on American soil. The forced military occupation of the District of Columbia violates our local autonomy and basic freedoms. It must end,” Schwalb wrote at the time.
Trump justified sending the National Guard, claiming it was necessary to stop “crime, bloodshed, bedlam and squalor and worse.”
The ruling
In her ruling, Judge Cobb explained that Trump’s role as commander in chief of the Guard does not override federal laws.
These laws restrict how troops can be federalized and deployed, particularly in Washington, D.C., which falls under Congress.
In her 61-page ruling, Cobb noted, “The Court rejects Defendants’ fly-by assertion of constitutional power, finding that such a broad reading of the President’s Article II authority would erase Congress’s role in governing the District and its National Guard.”
Effective date
Judge Cobb, who was appointed by former President Joe Biden, determined that the Pentagon could not legally send 1,000 out-of-state National Guard troops to support law enforcement in the capital.
The ruling’s effective date was set for December 11, allowing the Trump administration an opportunity to appeal.
‘Dangerous precedent’
Following the ruling, Schwalb doubled down on his criticism of the federal government’s deployment.
“From the beginning, we made clear that the U.S. military should not be policing American citizens on American soil,” he said in a statement.
“Normalizing the use of military troops for domestic law enforcement sets a dangerous precedent, where the president can disregard states’ independence and deploy troops wherever and whenever he wants – with no check on his military power. This unprecedented federal overreach is not normal, or legal,” he continued. “It is long past time to let the National Guard go home – to their everyday lives, their regular jobs, their families, and their children.”
Despite losing in court, the White House isn’t backing down.
“President Trump is well within his lawful authority to deploy the National Guard in Washington, D.C., to protect federal assets and assist law enforcement with specific tasks,” White House spokesperson Abigail Jackson said. “This lawsuit is nothing more than another attempt — at the detriment of D.C. residents — to undermine the president’s highly successful operations to stop violent crime in D.C.”
NY attorney general challenges authority of acting US attorney investigating her Trump lawsuits
ALBANY, N.Y. (AP) — President Donald Trump's effort to install political loyalists as top federal prosecutors has run into a legal buzz saw lately, with judges ruling that his handpicked U.S. attorneys for New Jersey, eastern Virginia, Nevada and Los Angeles were all serving unlawfully.
FILE - New York Attorney General, Letitia James, speaks after pleading not guilty outside the United States District Court Oct. 24, 2025, in Norfolk, Va. (AP Photo/John Clark, File)© The Associated Press
Now, another federal judge is poised to consider an argument by New York Attorney General Letitia James that the administration also twisted the law in order to make John Sarcone the acting U.S. attorney for northern New York.
A court hearing is scheduled to be held Thursday as James challenges Sarcone's authority to oversee a Justice Department investigation into regulatory lawsuits she filed against Trump and the National Rifle Association.
James, a Democrat is disputing the legitimacy of subpoenas issued as part of Sarcone's probe, which her lawyers say is part of a campaign of baseless investigations and prosecutions of Trump's perceived enemies.
They argued in court papers that since Sarcone “has no legitimate authority” to act as U.S. attorney, any legal steps taken by him in that capacity are unlawful.
“The subpoenas must be quashed, and Sarcone must be disqualified from this investigation,” they wrote.
Justice Department lawyers say Sarcone was appointed properly and the motion to block the subpoenas should be denied.
The fight in New York, and in the other states, is largely over the legality of unorthodox strategies the Trump administration has adopted to appoint prosecutors seen as unlikely to get confirmed by the U.S. Senate.
The New York hearing before U.S. District Judge Lorna G. Schofield comes a week after a federal judge in Virginia dismissed indictments brought there against James and former FBI Director James Comey. That judge concluded that the interim U.S. attorney who brought the charges, Lindsey Halligan, was unlawfully appointed. The Justice Department is expected to appeal.
On Monday, a federal appeals court ruled that Alina Habba, Trump’s former personal lawyer, is disqualified from serving as New Jersey’s top federal prosecutor.
Under federal law, the president's nominees for U.S. attorney need to be confirmed by the Senate. If a position is vacant, the U.S. attorney general can appoint someone to serve temporarily, but that appointment then expires after 120 days. If that time period elapses, judges in the district can either keep the interim U.S. attorney in the post or appoint someone of their own choosing.
Sarcone's appointment didn't follow that path.
Trump hasn't nominated anyone to serve as U.S. attorney for the Northern District of New York. U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney in March. When his 120-day term elapsed, judges in the district declined to keep him in the post.
Bondi then took the unusual step of appointing Sarcone as a special attorney, then designated him first assistant U.S. attorney for the district, a maneuver federal officials say allows him to serve as an acting U.S. attorney.
James lawyers have called the move an end-run around the federal law for filling vacant executive branch positions.
The New York subpoenas seek records related to a civil case James filed against Trump over alleged fraud in his personal business dealings. and records from a lawsuit involving the National Rifle Association and two senior executives.
Justice Department lawyers argued in court papers that the U.S. attorney general has “unquestioned authority” to appoint attorneys within her department and to delegate her functions to those attorneys. And they argue that even if Sarcone is not properly holding the office of acting U.S. attorney, he can still conduct grand jury investigations as a special attorney.
Sarcone was part of Trump’s legal team during the 2016 presidential campaign and worked for the U.S. General Services Administration as the regional administrator for the Northeast and Caribbean during Trump’s first term.
Habba had also served as an interim U.S. attorney. When her appointment expired, New Jersey judges replaced her with a career prosecutor who had served as her second-in-command. Bondi then fired the prosecutor installed by the judges and renamed Habba as acting U.S. attorney.
A similar dynamic is playing out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there. And a federal judge in Los Angeles disqualified the acting U.S. attorney in Southern California from several cases after concluding he had stayed in the temporary job longer than allowed by law.
Michael Hill, The Associated Press
ALBANY, N.Y. (AP) — President Donald Trump's effort to install political loyalists as top federal prosecutors has run into a legal buzz saw lately, with judges ruling that his handpicked U.S. attorneys for New Jersey, eastern Virginia, Nevada and Los Angeles were all serving unlawfully.
FILE - New York Attorney General, Letitia James, speaks after pleading not guilty outside the United States District Court Oct. 24, 2025, in Norfolk, Va. (AP Photo/John Clark, File)© The Associated Press
Now, another federal judge is poised to consider an argument by New York Attorney General Letitia James that the administration also twisted the law in order to make John Sarcone the acting U.S. attorney for northern New York.
A court hearing is scheduled to be held Thursday as James challenges Sarcone's authority to oversee a Justice Department investigation into regulatory lawsuits she filed against Trump and the National Rifle Association.
James, a Democrat is disputing the legitimacy of subpoenas issued as part of Sarcone's probe, which her lawyers say is part of a campaign of baseless investigations and prosecutions of Trump's perceived enemies.
They argued in court papers that since Sarcone “has no legitimate authority” to act as U.S. attorney, any legal steps taken by him in that capacity are unlawful.
“The subpoenas must be quashed, and Sarcone must be disqualified from this investigation,” they wrote.
Justice Department lawyers say Sarcone was appointed properly and the motion to block the subpoenas should be denied.
The fight in New York, and in the other states, is largely over the legality of unorthodox strategies the Trump administration has adopted to appoint prosecutors seen as unlikely to get confirmed by the U.S. Senate.
The New York hearing before U.S. District Judge Lorna G. Schofield comes a week after a federal judge in Virginia dismissed indictments brought there against James and former FBI Director James Comey. That judge concluded that the interim U.S. attorney who brought the charges, Lindsey Halligan, was unlawfully appointed. The Justice Department is expected to appeal.
On Monday, a federal appeals court ruled that Alina Habba, Trump’s former personal lawyer, is disqualified from serving as New Jersey’s top federal prosecutor.
Under federal law, the president's nominees for U.S. attorney need to be confirmed by the Senate. If a position is vacant, the U.S. attorney general can appoint someone to serve temporarily, but that appointment then expires after 120 days. If that time period elapses, judges in the district can either keep the interim U.S. attorney in the post or appoint someone of their own choosing.
Sarcone's appointment didn't follow that path.
Trump hasn't nominated anyone to serve as U.S. attorney for the Northern District of New York. U.S. Attorney General Pam Bondi appointed Sarcone to serve as the interim U.S. attorney in March. When his 120-day term elapsed, judges in the district declined to keep him in the post.
Bondi then took the unusual step of appointing Sarcone as a special attorney, then designated him first assistant U.S. attorney for the district, a maneuver federal officials say allows him to serve as an acting U.S. attorney.
James lawyers have called the move an end-run around the federal law for filling vacant executive branch positions.
The New York subpoenas seek records related to a civil case James filed against Trump over alleged fraud in his personal business dealings. and records from a lawsuit involving the National Rifle Association and two senior executives.
Justice Department lawyers argued in court papers that the U.S. attorney general has “unquestioned authority” to appoint attorneys within her department and to delegate her functions to those attorneys. And they argue that even if Sarcone is not properly holding the office of acting U.S. attorney, he can still conduct grand jury investigations as a special attorney.
Sarcone was part of Trump’s legal team during the 2016 presidential campaign and worked for the U.S. General Services Administration as the regional administrator for the Northeast and Caribbean during Trump’s first term.
Habba had also served as an interim U.S. attorney. When her appointment expired, New Jersey judges replaced her with a career prosecutor who had served as her second-in-command. Bondi then fired the prosecutor installed by the judges and renamed Habba as acting U.S. attorney.
A similar dynamic is playing out in Nevada, where a federal judge disqualified the Trump administration’s pick to be U.S. attorney there. And a federal judge in Los Angeles disqualified the acting U.S. attorney in Southern California from several cases after concluding he had stayed in the temporary job longer than allowed by law.
Michael Hill, The Associated Press
Former Honduras President Juan Orlando Hernández freed after Trump pardon
TEGUCIGALPA, Honduras (AP) — Former Honduras President Juan Orlando Hernández, sentenced last year to 45 years in prison for his role in a drug trafficking operation that moved hundreds of tons of cocaine to the United States, was released from prison following a pardon from President Donald Trump, officials confirmed Tuesday.
Hernández was released Monday from U.S. Penitentiary Hazelton in West Virginia, a spokesperson for the Federal Bureau of Prisons told The Associated Press. The bureau’s online inmate records also reflected his release.
The release of Hernández — a former U.S. ally whose conviction prosecutors said exposed the depth of cartel influence in Honduras — comes just days after the country’s presidential election. Trump defended the decision aboard Air Force One on Sunday, saying Hondurans believed Hernández had been “set up,” even as prosecutors argued he protected drug traffickers who moved hundreds of tons of cocaine through the country.
Ana Garcia, wife of former Honduras' President Juan Orlando Hernandez, arrives to speak to journalists in Tegucigalpa, Honduras, Tuesday, Dec. 2, 2025. (AP Photo/Moises Castillo)© The Associated Press
The pardon also unfolds against the backdrop of Trump’s aggressive counter-narcotics push that has triggered intense controversy across Latin America. In recent months, U.S. forces have repeatedly struck vessels they say were ferrying drugs north, a series of lethal maritime attacks that the administration argues are lawful acts of war against drug cartels — and that critics say test the limits of international law and amount to a pressure campaign on Venezuela’s President Nicolás Maduro.
The Trump administration has carried out 21 known strikes on vessels accused of carrying drugs, killing at least 83 people. The administration has justified the attacks as a necessary escalation to stem the flow of drugs into the United States and asserted the U.S. is engaged in an “armed conflict” with drug cartels, similar to the war against al-Qaida following the Sept. 11 attacks.
Ana García thanked Trump for pardoning her husband via the social platform X early Tuesday.
Speaking to reporters Tuesday outside her home in Tegucigalpa, she thanked Trump for pardoning her husband and drew a parallel between the two men.
“Today the whole world realizes that, like they did with President Donald Trump, the same Southern District, the same prosecutor created a political case,” García said.
She said Hernández called her Monday evening to say he was in the office of the prison head and had been told he will be released. García said Hernández is in an undisclosed location for his safety, but that he plans to address the Honduran people on Wednesday.
Hernández’s attorney Renato Stabile said in an emailed statement he also would not share the former president’s current location.
García said the process to seek a pardon began several months ago with a petition to the office of pardons. Then on Oct. 28, Hernández’s birthday, he wrote a letter to Trump. He announced he was pardoning Hernández last Friday.
“My husband is the president who has done the most for Honduras in the fight against organized crime,” Garcia said.
Trump's rationale for the pardon
Trump was asked Sunday why he pardoned Hernández.
“I was asked by Honduras, many of the people of Honduras,” Trump told reporters traveling with him on Air Force One.
“The people of Honduras really thought he was set up, and it was a terrible thing,” he said.
“They basically said he was a drug dealer because he was the president of the country. And they said it was a Biden administration set-up," Trump said. "And I looked at the facts and I agreed with them.”
Stabile, the attorney, said Hernández is glad the “ordeal” is over.
“On behalf of President Hernández and his family I would like to thank President Trump for correcting this injustice,” Stabile said.
Democratic lawmakers expressed condemnation and disbelief that Trump issued the pardon.
“They prosecute him, find him guilty of selling narcotics through these cartels into the United States. Can you think of anyone more reprehensible than that? Selling drugs to this country, finding more victims by the day,” said Sen. Dick Durbin of Illinois in a speech on the Senate floor.
“This is not an action by a President trying to keep America safe from narcotics,” Durbin added.
The Trump administration has declared drug cartels to be unlawful combatants and has carried out strikes in the Caribbean against boats the White House says were carrying drugs.
The case against the former president
Hernández was arrested at the request of the United States in February 2022, weeks after current President Xiomara Castro took office.
Two years later, Hernández was sentenced to 45 years in prison in a New York federal courtroom for taking bribes from drug traffickers so they could safely move some 400 tons (360 metric tons) of cocaine north through Honduras to the United States.
Hernández maintained throughout that he was innocent and the victim of revenge by drug traffickers he had helped extradite to the United States.
During his sentencing, federal Judge P. Kevin Castel said the punishment should serve as a warning to “well educated, well dressed” individuals who gain power and think their status insulates them from justice when they do wrong.
Hernández portrayed himself as a hero of the anti-drug trafficking movement who teamed up with American authorities under three U.S. presidential administrations to reduce drug imports.
But the judge said trial evidence proved the opposite and that Hernández employed “considerable acting skills” to make it seem that he strongly opposed drug trafficking while he deployed his nation’s police and military to protect the drug trade.
Hernández is not guaranteed a quick return to Honduras.
Immediately after Trump announced his intention to pardon Hernández, Honduras Attorney General Johel Zelaya said via X that his office was obligated to seek justice and put an end to impunity.
He did not specify what charges Hernández could face in Honduras. There were various corruption-related investigations of his administration across two terms in office that did not lead to charges against him. Castro, who oversaw Hernández's arrest and extradition to the U.S., will remain in office until January.
The pardon promised by Trump days before Honduras’ presidential election injected a new element into the contest that some said helped the candidate from his National Party Nasry Asfura as the vote count proceeded Tuesday.
___
Catalini reported from Trenton, New Jersey. Associated Press writer Alanna Durkin Richer in Washington, D.C., contributed.
Christopher Sherman And Mike Catalini, The Associated Press
TEGUCIGALPA, Honduras (AP) — Former Honduras President Juan Orlando Hernández, sentenced last year to 45 years in prison for his role in a drug trafficking operation that moved hundreds of tons of cocaine to the United States, was released from prison following a pardon from President Donald Trump, officials confirmed Tuesday.
Hernández was released Monday from U.S. Penitentiary Hazelton in West Virginia, a spokesperson for the Federal Bureau of Prisons told The Associated Press. The bureau’s online inmate records also reflected his release.
The release of Hernández — a former U.S. ally whose conviction prosecutors said exposed the depth of cartel influence in Honduras — comes just days after the country’s presidential election. Trump defended the decision aboard Air Force One on Sunday, saying Hondurans believed Hernández had been “set up,” even as prosecutors argued he protected drug traffickers who moved hundreds of tons of cocaine through the country.
Ana Garcia, wife of former Honduras' President Juan Orlando Hernandez, arrives to speak to journalists in Tegucigalpa, Honduras, Tuesday, Dec. 2, 2025. (AP Photo/Moises Castillo)© The Associated Press
The pardon also unfolds against the backdrop of Trump’s aggressive counter-narcotics push that has triggered intense controversy across Latin America. In recent months, U.S. forces have repeatedly struck vessels they say were ferrying drugs north, a series of lethal maritime attacks that the administration argues are lawful acts of war against drug cartels — and that critics say test the limits of international law and amount to a pressure campaign on Venezuela’s President Nicolás Maduro.
The Trump administration has carried out 21 known strikes on vessels accused of carrying drugs, killing at least 83 people. The administration has justified the attacks as a necessary escalation to stem the flow of drugs into the United States and asserted the U.S. is engaged in an “armed conflict” with drug cartels, similar to the war against al-Qaida following the Sept. 11 attacks.
Ana García thanked Trump for pardoning her husband via the social platform X early Tuesday.
Speaking to reporters Tuesday outside her home in Tegucigalpa, she thanked Trump for pardoning her husband and drew a parallel between the two men.
“Today the whole world realizes that, like they did with President Donald Trump, the same Southern District, the same prosecutor created a political case,” García said.
She said Hernández called her Monday evening to say he was in the office of the prison head and had been told he will be released. García said Hernández is in an undisclosed location for his safety, but that he plans to address the Honduran people on Wednesday.
Hernández’s attorney Renato Stabile said in an emailed statement he also would not share the former president’s current location.
García said the process to seek a pardon began several months ago with a petition to the office of pardons. Then on Oct. 28, Hernández’s birthday, he wrote a letter to Trump. He announced he was pardoning Hernández last Friday.
“My husband is the president who has done the most for Honduras in the fight against organized crime,” Garcia said.
Trump's rationale for the pardon
Trump was asked Sunday why he pardoned Hernández.
“I was asked by Honduras, many of the people of Honduras,” Trump told reporters traveling with him on Air Force One.
“The people of Honduras really thought he was set up, and it was a terrible thing,” he said.
“They basically said he was a drug dealer because he was the president of the country. And they said it was a Biden administration set-up," Trump said. "And I looked at the facts and I agreed with them.”
Stabile, the attorney, said Hernández is glad the “ordeal” is over.
“On behalf of President Hernández and his family I would like to thank President Trump for correcting this injustice,” Stabile said.
Democratic lawmakers expressed condemnation and disbelief that Trump issued the pardon.
“They prosecute him, find him guilty of selling narcotics through these cartels into the United States. Can you think of anyone more reprehensible than that? Selling drugs to this country, finding more victims by the day,” said Sen. Dick Durbin of Illinois in a speech on the Senate floor.
“This is not an action by a President trying to keep America safe from narcotics,” Durbin added.
The Trump administration has declared drug cartels to be unlawful combatants and has carried out strikes in the Caribbean against boats the White House says were carrying drugs.
The case against the former president
Hernández was arrested at the request of the United States in February 2022, weeks after current President Xiomara Castro took office.
Two years later, Hernández was sentenced to 45 years in prison in a New York federal courtroom for taking bribes from drug traffickers so they could safely move some 400 tons (360 metric tons) of cocaine north through Honduras to the United States.
Hernández maintained throughout that he was innocent and the victim of revenge by drug traffickers he had helped extradite to the United States.
During his sentencing, federal Judge P. Kevin Castel said the punishment should serve as a warning to “well educated, well dressed” individuals who gain power and think their status insulates them from justice when they do wrong.
Hernández portrayed himself as a hero of the anti-drug trafficking movement who teamed up with American authorities under three U.S. presidential administrations to reduce drug imports.
But the judge said trial evidence proved the opposite and that Hernández employed “considerable acting skills” to make it seem that he strongly opposed drug trafficking while he deployed his nation’s police and military to protect the drug trade.
Hernández is not guaranteed a quick return to Honduras.
Immediately after Trump announced his intention to pardon Hernández, Honduras Attorney General Johel Zelaya said via X that his office was obligated to seek justice and put an end to impunity.
He did not specify what charges Hernández could face in Honduras. There were various corruption-related investigations of his administration across two terms in office that did not lead to charges against him. Castro, who oversaw Hernández's arrest and extradition to the U.S., will remain in office until January.
The pardon promised by Trump days before Honduras’ presidential election injected a new element into the contest that some said helped the candidate from his National Party Nasry Asfura as the vote count proceeded Tuesday.
___
Catalini reported from Trenton, New Jersey. Associated Press writer Alanna Durkin Richer in Washington, D.C., contributed.
Christopher Sherman And Mike Catalini, The Associated Press
