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JONATHAN TURLEY: Kennedy Center ruling gets Trump's name right but repairs badly wrong
In a ruling Friday, District Judge Christopher Cooper ordered the cessation of all repair plans for the Kennedy Center and the removal of Trump’s name from the building within two weeks. It is a detailed and comprehensive opinion, but I believe Judge Cooper is wrong about halting the repairs.
I previously expressed skepticism over the claim that the board could order such a change unilaterally. At that time, I raised the very issues that Judge Cooper cited in his rejection of the right to rename the center without congressional approval.
I agree with the court on its standing decision, which is hardly a surprise given my past writings in favor of broader standing.
FEDERAL JUDGE ORDERS TRUMP'S NAME REMOVED FROM KENNEDY CENTER, SAYS ONLY CONGRESS CAN RENAME IT
However, the opinion becomes more challengeable when the court addresses the decision to close the center for two years to carry out major renovations. The opinion is rife with digs at President Donald Trump for his social media postings and his unilateral plan for a ballroom. Judge Cooper editorializes that "Especially after the demolition of the East Wing of the White House — which occurred out of the blue a few months after President Trump pledged that construction would not ‘interfere with’ and would ‘pay total respect to the existing building’ — there has been understandable concern that the Kennedy Center may be the next target of the wrecking ball."
Judge Cooper accepts that the center is long overdue for major renovations and that the board had the authority to order them. He further rejects the sweeping claims of litigants that Trump was planning to effectively raze the center: "The evidence before the Court does not demonstrate that the Center is poised for wholesale destruction and rebuilding, à la the East Wing."
However, Cooper rules that the board could not have given the decision sufficient time or attention in carrying out the plan. He declared that "None of the board members had sufficient information in advance of the March 16 meeting to make a well-considered decision to close the center."
The court’s tight analysis is lost in supporting the cessation of repairs. While he acknowledges that such repairs have long been planned and studied, he cites differing statements on the plan to continue operations before a later decision to close the center. The court finds that the record illustrates a failure to fulfill the fiduciary duty of the board and chair:
BOARD VOTES KENNEDY CENTER TO BE RENAMED 'TRUMP-KENNEDY CENTER,' LEAVITT SAYS
"Whatever happened during that purported four-month incubation period, Board input was, most evidently, an afterthought. Trustees learned about the plan to close the Center at the same time as the general public, by social media post. Deprived of time and information, they had no meaningful opportunity to consider perhaps the most momentous decision in the Center’s lifetime since it opened in 1971."
That analysis is heavily laden with assumptions about the lack of consideration by the board. The same approach could be used to set aside an array of board decisions that do not evidence sufficient concern or scrutiny to the satisfaction of a judge.
Judge Cooper seems to recognize how far the court was taking its own authority in countermanding the decision:
"The Court appreciates that, in both the charitable and corporate spheres, board meetings are often scripted affairs. … The Court should not be heard to suggest that trustees must scrutinize every piece of prefatory work that has been done, or labor through the night debating the relative merits of their decisions in order to discharge their fiduciary duties — especially where, as here, a board is large and comprised of members who may not be well schooled in the subject matter before them."
Yet the court still concludes that this board "seems to have fallen grossly short of prudent decision-making." That seems like far too subjective and fluid a standard for federal courts to micromanage executive branch decision-making.
For example, Judge Cooper recognizes that lawyers were present at the critical meeting, but suggests that they were not relied upon enough due to the lack of direct statements preserved on the record. Since when is there an obligation for counsel to speak and be memorialized in such records? The court writes:
TRUMP KENNEDY CENTER'S BOARD VOTES UNANIMOUSLY TO APPROVE $257M RENOVATIONS AND TWO-YEAR CLOSURE
"Where were the lawyers? The answer appears to be ‘nowhere.’ The Center’s General Counsel and Associate General Counsel were present at the March 16 Board Meeting but, according to the minutes, did not speak. There is, further, nothing in the record to indicate that the Board relied on any legal advice in reaching the closure decision. It goes without saying that, for all his background in project management and construction, Mr. Floca is no legal expert."
Yet the court answered its own question. Where were the lawyers? They were there. There is simply no record of their views expressed in this meeting, as opposed to other conversations or inquiries. Moreover, lawyers give advice, not commands, to political appointees. The court seems entirely adrift in reading the lack of such references as proof that the decision was made without legal guidance or consultation. Finally, given the thrust and tenor of the decision, I seriously doubt that a notation reading "the lawyers stated that they agreed with this plan" would have made any material difference to the court.
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For his part, President Trump was equally sweeping and unrestrained in his response. He declared that he would order the Commerce Department to transfer the center to Congress "so they can make a determination as to what to do with it."
Given that Judge Cooper’s order on the cessation of repairs may be reversed, it is unnecessary unless the naming of the center is the overriding consideration. In either case, it would make little sense for the center to be placed under the supervision of Congress. It would be appropriate for Congress to address the naming question as well as potentially weigh in on the need for a closure.
In the end, I thought that the court’s cessation analysis conveyed ample reasons why Judge Cooper himself, and others, may be unhappy with how the decision was made. It is less clear why that should matter. There are ample reasons to close the center to facilitate what the court acknowledges will be extensive and major renovations. That construction can only be facilitated and expedited if there is not a simultaneous need to keep a substantial part of the center operating for the public.
The administration should appeal the decision and may soon be able to resume work on the center, regardless of its name.
Cruise passenger hailed as hero after jumping into water to save 84-year-old man
A Carnival Cruise Line passenger is being praised as a hero after jumping into the water to help an elderly man who fell from a pier during a cruise stop in Mexico.
The incident occurred May 19 while Carnival Jubilee was docked in Costa Maya.
Carnival Cruise Line confirmed the incident to Fox News Digital, saying an elderly guest fell into the water while returning to the ship.
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"Our security team responded immediately, and the guest was safely recovered and transported to the ship's medical center for care," the cruise line said in a statement.
"He debarked the ship in Galveston at the end of the cruise."
Video of the rescue later circulated on social media — showing a passenger identified only as Myron removing his shoes and jumping into the water after spotting the man struggling near the ship.
Myron's wife, Amy, said on social media the man was face down in the water when her husband sprang into action.
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Myron reached the man and kept him afloat until help arrived, the wife said.
"Without a moment's hesitation, my husband [leaped] into the water," she wrote in a TikTok post describing the rescue.
"He managed to grab hold of the elderly man, lift him onto his shoulder and cradle him safely until assistance arrived to lift them both out of the water," the wife, Amy, added.
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The rescue also drew praise on social media, with many users applauding Myron's quick actions and willingness to help a stranger.
"The fact that he tried to walk off without any recognition just shows what an amazing human he is, humble and kind," one user wrote.
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Others described the cruiser as being in the right place at the right time.
One commenter wrote, "I'm a firm believer that the right people are always exactly where they should be."
"He's truly a hero," another user added. "Not many people would do what he did!"
Amy later shared that the couple received recognition onboard, including commemorative pins, a complimentary dinner at the ship's steakhouse and a thank-you message from their stateroom attendant.
Jana Kramer says holding on to toxic relationships 'drains you' until you ‘start losing yourself' completely
Jana Kramer says there's life — and even joy — after heartbreak.
The actress and singer told Fox News Digital that getting out of "toxic" relationships helped her become "a better person" and gave her a renewed appreciation for second chances — both on and off-screen.
The country star, who has publicly navigated heartbreak, divorce and rebuilding her life, told Fox News Digital that walking away from unhealthy situations ultimately helped her become "a better person" — a lesson that mirrors the themes of her new Lifetime movie, "Where the Heart Lands."
JANA KRAMER SIZZLES IN BARELY-THERE DENIM LOOK DURING WILD WESTERN GETAWAY
"Getting out of something really toxic… negative and bad helped me become a better person and a happier person… a lighter person," Kramer told Fox News Digital.
The 42-year-old star said she often hears from people navigating divorce and major life changes, and her message is — don't be afraid of a fresh start.
"Starting over can be one of the scariest things ever and one of the best things ever," Kramer said.
"I don't wish divorce on anybody. It is awful. And there is so much beauty and love on the other side of it."
Kramer, who has been candid about her own relationship struggles over the years, said too many people stay stuck in situations that impact them emotionally.
"Holding on to the negative and toxic relationships ... it just drains you… then you just start losing yourself, and that's not the way to live." Kramer's comments come after years of publicly navigating heartbreak.
WATCH: JANA KRAMER EMBRACES SECOND CHANCES AFTER ESCAPING ‘TOXIC’ PAST
The singer and actress shares daughter Jolie and son Jace with ex-husband Mike Caussin. The former couple divorced in 2021 after six years of marriage, with Kramer later alleging that Caussin had cheated on her with more than 13 women during their relationship.
Kramer has since said she believes if she had stayed in the marriage, Caussin would have "cheated forever."
JANA KRAMER HAS TAKEN JOBS THAT CHALLENGED HER 'MORAL COMPASS' TO PAY FOR CHILD SUPPORT
Kramer has since moved on with former professional soccer player Allan Russell. The pair married after six months of dating and share son Roman together.
Now raising three children — Jolie, Jace and Roman — Kramer said leaving unhealthy relationships behind ultimately allowed her to create the life she wanted.
She said difficult chapters can become the foundation for something better.
"I think second chances are beautiful," Kramer told Fox News Digital. "I get so, so excited, because… like ashes are soil that get to grow into wildflowers. Like, this is great."
The theme of rebuilding after loss is front and center in "Where the Heart Lands," on Lifetime.
The film stars Kramer opposite Tyler Johnson of "The Young and the Restless" and follows a Los Angeles real estate agent who unexpectedly inherits a dozen racehorses in rural Kentucky.
What starts as a disruption to his carefully planned future turns into an unexpected shot at love when he meets Charlie, a fiercely independent horse trainer played by Kramer.
WATCH: JANA KRAMER SADDLES UP WITH KENTUCKY RACEHORSES IN NEW FILM
Kramer told Fox News Digital she immediately understood Charlie's fear of losing everything she had worked for.
"I related so much to my character, Charlie, because she's like, 'I've worked so incredibly hard, there's not many opportunities, and I don't want you to take that away from me or ruin my reputation.'"
Meanwhile, the "One Tree Hill" alum said filming in Kentucky's horse country came with its own rewards.
Kramer, whose daughter recently started horseback riding lessons, said she has always felt a connection to horses.
"I love being around horses," she said. "There's something very free about riding a horse."
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The actress spent weeks working alongside racehorses that had recently competed at Keeneland, an experience she called both educational and inspiring.
"These were legit racehorses that just raced Keeneland, and they were beautiful horses," Kramer said. "It was an honor to work with them."
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She also pointed to the emotional intelligence of horses, noting why equine therapy has become increasingly popular.
"They're powerful animals. And they're very smart. That's why there's equine therapy. They're also very healing."
"Where the Heart Lands" also stars John Schneider, Charlene Tilton, Alex Barone and Jessica Szohr. Directed, co-written and produced by Haylie Duff, the movie closes out Lifetime's "Love of a Lifetime" spring slate.
"Where the Heart Lands" is available to stream on Lifetime.
AJ Brown trade outcome: Dianna Russini paid a heavy price while Mike Vrabel emerged unscathed
Mike Vrabel and A.J. Brown were winning on Tuesday because the long-rumored trade that reunited them was finally complete. Brown was free of his recent unhappiness with the Philadelphia Eagles, while Vrabel spoke easily and smartly about how his Super Bowl team was getting better.
It was one lovely victory lap for everybody.
Except for Dianna Russini.
MIKE VRABEL BREAKS HIS SILENCE ON DIANNA RUSSINI CONTROVERSY
Yes, this is about her as much as Vrabel and Brown. Those three names will be linked for a long time in NFL circles based on what happened going back as far as September of 2025, and then definitely through this offseason that was about, well, the relationship between the coach and the reporter.
If you aren't up to speed on that relationship, you've got homework. And you will probably catch up easily because the reference material is everywhere — the photos of Russini and Vrabel together, the denials of anything untoward between two married people, the collapse of the professional friendship narrative, and everything after.
So, to the uninitiated, you're excused. Go now and read the soap opera's opening chapters. Because this might be the saga's end, barring a major surprise.
And let me cut to that end:
Brown wins. He's wholly unscathed, in fact, and happy as a clam with a new team he grew up adoring.
Vrabel wins, too. Yes, he took some lumps, suffered some humiliating moments in front of reporters and had some family conversations he termed "very difficult," but he's ultimately none the worse for wear.
And then there's Russini. She lost. Big time.
FORMER NFL REPORTER MICHELE TAFOYA WEIGHS IN ON WHY RUSSINI'S CREDIBILITY IS GONE
It was saddening to watch Vrabel's presser because it was Russini who first reported teams were calling the Eagles about Brown back in September of 2025. She first reported the Eagles weren't interested in trading Brown.
Russini called it when she told everyone the Patriots were interested (so were the Los Angeles Rams, by the way). And she was right again when she said earlier this year that Brown wouldn't be traded around the start of the league year in March but watch out for June.
She was dead-on accurate with practically all of it.
But everyone has surmised all that information came out of her relationship with Vrabel. All that insider work came from other alleged inside work.
Russini's information was great but how she seemingly attained it eventually led to her resigning from The Athletic. And sullying her professional reputation.
Losses.
MIKE VRABEL STEPS AWAY INDEFINITELY TO SEEK COUNSELING
Vrabel? He seemed just fine on Tuesday.
About the hardest thing he had to do was answer a question about Brown's obvious displeasure last year in Philly.
"I don't know what happened," Vrabel said. "I'm not trying to figure out what happened in Philadelphia. I'm trying to focus on what's going to happen here and trying to get him acclimated to what we do and how we do it."
Vrabel, during this press conference, congratulated a reporter for winning a marathon. He thanked Executive Vice President for Player Personnel Eliot Wolf for making the trade happen. And he took a bunch of football questions.
There was not one question about whether he indeed for months leaked to Russini details of where the Patriots and Eagles talks were. Not one question about how his family "counseling" sessions are going or if his marriage is certain to survive.
There was nothing uncomfortable because it seems the local media lost interest or its curiosity on a day the story that Russini beat them on for months was laid bare before them.
And, the thing is, if Vrabel didn't have to sweat this occasion, he's probably in the clear. He's not likely to get tough questions about the whole affair (pardon the pun) again unless more facts come out that raise the issue from the grave.
So, yeah, Mike Vrabel has survived. He's won.
Jack Nicklaus delivers fair criticisms and concerns about the crowded PGA Tour schedule
Jack Nicklaus is saying the quiet part out loud when it comes to the current and likely future makeup of the PGA Tour schedule.
Speaking to the media ahead of this week's Memorial Tournament at Muirfield Village, the Tour event Nicklaus has hosted for decades, the 18-time major champion was asked about the signature events on the schedule and how others may, or may not, stand out.
Nicklaus immediately said that he did not want to comment on the Tour's schedule because he was "not exactly in favor of what they're doing" at the moment. Seconds later, however, he was teeing off on the current setup of the calendar and how events are being laid out.
"I mean, I hate to see tournaments bunched too much together with too many big tournaments too close together. That's a problem, I think. And I think that's going to be a problem for the TOUR in the future," Nicklaus explained.
"I probably shouldn't have brought it up here. I'll get chastised for that later. Anyway, I think it's harder for your tournaments to stand out," the 86-year-old continued. "I mean, if you looked at the schedule, we're involved in the Cognizant down in Florida, and, you know, we have Pebble Beach and Los Angeles, Tiger's event, and then Cognizant, and then we had Bay Hill and The Players. I mean, what chance does that tournament have? I mean, it sits right in the middle of those. They don't have a chance.
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"The other tournaments also say, you know, I got four out of five. It's hard for guys to play that. See, the problem is not so much from the standpoint of players, it's hard for the players to really be focused to play that much and be on top of their game. And that, to me, is -- I look at it from the way I was as a player. I could play a couple weeks in a row, maybe three weeks in a row, but I needed some time off to be able to recharge the batteries. And I think everybody needs to recharge their batteries."
Nothing Nicklaus said about the current makeup of the Tour's schedule is profound — the majority of players, media and fans seem to agree with him — but the words of arguably the greatest golfer ever, who has a hand in certain events on the calendar, carry a bit of extra weight.
The Tour's introduction of signature events during the 2023 season was a direct response to LIV Golf and the circuit's high-purse, no-cut structure. The events were, and still are, an incentive to keep the biggest names on Tour content.
In 2026, however, the signature events have become overwhelming.
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On paper, eight signature events on the calendar do not feel like too many, but the placement of them is where the issues and complaints arrive.
In February, the AT&T Pebble Beach Pro-Am marked the first signature event of the year, only to be followed by another signature event, The Genesis Invitational, the very next week. From there, you have the Arnold Palmer Invitational leading into The Players, essentially another set of back-to-back signature weeks.
The signature RBC Heritage, coming the week after the Masters, lacked juice lacked juice, and then there was the most baffling stretch of them all with back-to-back signature events of the Cadillac Championship and Truist Championship leading into the PGA Championship in May.
From June to the end of August, when the FedEx Cup Playoffs wrap up, no more back-to-back signature events remain, although the signature Travelers Championship comes the week after the U.S. Open later this month.
As for the fix, it's not a simple one, nor will it check every box for all involved in the golf world. For starters, eliminating signature events the week after major championships feels like an easy initial step, but from there, PGA Tour CEO Brian Rolapp has his hands full.
John Fetterman erupts over 'creeper' Graham Platner, suggesting he's a 'Nazi sympathizer'
Sen. John Fetterman, D-Pa., attacked Maine Democratic U.S. Senate candidate Graham Platner as a "creeper" and a "Nazi sympathizer" in light of his latest scandal on Tuesday.
Speaking with reporters in Washington, D.C., Fetterman expressed frustration after it was reported over the weekend that Platner had sent explicit messages to at least six women despite being married and maintained an active profile on Kik, an anonymous chatting platform notorious for lax identification methods that have enabled the proliferation of child sexual abuse material.
"What kind of a creeper has spent a decade on a platform like Kik, and send a dozen explicit kinds of messages and who knows what else?" Fetterman told CNN.
CORY BOOKER ADMITS GRAHAM PLATNER 'HAS QUESTIONS TO ANSWER' FOLLOWING LATEST SCANDAL
Fetterman also repeatedly referred to Platner as "P-Hustle" in reference to Platner's username from his old Reddit account where he made several controversial comments about minimizing sexual assault, masturbating in public facilities and claiming a wounded soldier "didn’t deserve to live."
The Pennsylvania senator also referred to the scandal surrounding Platner's now-covered-up tattoo that resembled a Nazi symbol, which he had kept uncovered for 18 years.
"All I'm saying is when I was growing up, if someone had a clear Nazi tattoo on them, you probably could conclude that they’re a Nazi sympathizer," Fetterman said. "Are you going to continue to defend that or dismiss that?"
However, Fetterman stopped short of supporting Platner's presumptive Republican opponent, Maine Sen. Susan Collins, over Platner, adding that "we’ll all have to work together" if Platner wins the general election.
SUNNY HOSTIN SUPPORTS GRAHAM PLATNER DESPITE CALLING HIM 'A LIAR, A RACIST, AN ANTISEMITE'
Fox News Digital reached out to Platner's campaign for comment.
During the day, Fetterman also called out Democrats for refusing to condemn Platner's growing list of scandals.
"I'm saying that the last time Democrats leaned in on a guy that was sending, you know, [these] kinds of messages to women, I think that was like Swalwell, you know," Fetterman said. "I don't know, that's not someone I'm ever gonna carry water for."
Jeffries declines to back Wasserman Schultz as Black leaders revolt over district switch
Rep. Debbie Wasserman Schultz, D-Fla., is facing mounting backlash from some Black leaders over her decision to seek re-election in a majority-minority district, a move that appears to be costing her support from the highest-ranking Black Democrat in Congress.
House Minority Leader Hakeem Jeffries, D-N.Y., declined to endorse Wasserman Schultz's re-election bid Tuesday after she entered the race for the plurality-Black district, where she faces four Black opponents in the Aug. 18 primary.
"Haven't made a decision, as it relates to that particular race," the lead Democrat said at a news conference when asked if he supports Wasserman Schultz’s run for the Fort Lauderdale-based seat.
Jeffries said he’s spoken to Wasserman Schultz, a member of his leadership team, about the race, but stopped short of offering his support.
"Everybody has a right to run where they see fit. They’ve got to make their case to the people that they hope to represent moving forward," he said.
"I think we all recognize the sensitivities of the moment in terms of an unprecedented Jim Crow-like assault on Black political representation that has been unleashed by the Supreme Court's outrageous decision to gut the Voting Rights Act," he added, invoking the court's ruling in Louisiana v. Callais, which curbed the use of race in the drawing of electoral districts and spurred redistricting in several Republican-led states affecting majority-minority districts represented by Black Democrats.
"And it's an environment that all of us need to be sensitive to as we move forward," he said.
Jeffries' comments come as Wasserman Schultz seeks to weather fierce criticism from some local Black leaders over her decision to run in the district. The seat has been represented by a Black lawmaker for more than three decades.
Elijah Manley, a progressive Gen-Z activist running in the Democratic primary, slammed Wasserman Schultz in a statement posted to social media.
"First, she said the CBC [Congressional Black Caucus] encouraged her to run. The CBC Chair said they did not," Manley wrote. "Then she went on TV and said that Leader Jeffries was supporting her. Jeffries just declined to endorse her."
"It is not a good day to be named Debbie Wasserman Schultz in Florida’s 20th District," he continued.
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Wasserman Schultz, however, will likely have a significant fundraising advantage over her primary opponents. Her campaign account has more than $2.5 million in the bank, according to recent Federal Election Commission filings.
Former Rep. Sheila Cherfilus-McCormick, D-Fla., previously occupied the solidly blue seat before she resigned amid an expulsion threat and House Ethics Committee investigation earlier this year. Cherfilus-McCormick is running again for the seat despite facing a pending criminal trial tied to allegedly stealing more than $5 million in disaster relief funds, among other charges.
Former Broward County Mayor Dale Holness and musician Luther Campbell are also vying for the Democratic nomination.
Florida Republicans carved up Wasserman Schultz’s safe Democratic seat as part of a new GOP-friendly congressional map signed into law in May.
Wasserman Schultz previously served as chairwoman of the Democratic National Committee, during which her tenure was rocked by the release of internal emails disparaging Vermont Sen. Bernie Sanders' 2016 presidential campaign. She first won election to the House in 2004.
Fox News Digital reached out to the Wasserman Schultz campaign before publication.
Inside the fallout of the SJSU volleyball scandal: ‘This is an obvious problem’
EXCLUSIVE: Employees across the entire California State University System (CSU) came back from lunch to an email on March 6, announcing that their employer was suing President Donald Trump's Department of Education.
It was happening because San Jose State University (SJSU) had a transgender volleyball player on its women’s team for three years, allegedly didn’t tell multiple female teammates that the player was male, and then refused to accept the U.S. Department of Education findings that determined the school violated Title IX.
At least one employee was puzzled, and another was furious.
"Why are men playing on the women’s team[?] This is an obvious problem," an employee of San Francisco State University wrote back to CSU Chancellor Mildred Garcia in an email obtained by Fox News Digital via a public records request to CSU.
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An employee of California State University, Northridge wrote back that same day to Garcia, "Mildred, I’d like to see you defend this ridiculous stance when a female takes a volleyball hit to the face from a man and he breaks her nose. There should be NO biological men competing against biological women in any university sport. This is not ‘inclusivity.’"
Most CSU employees who wrote back were supportive of the lawsuit.
But the school was already dealing with one lawsuit from former players over the issue.
SJSU’s Risk Manager Karen Vogler advised weeks earlier in an email to a finance colleague that Education Department's findings could open the school up to increased litigation.
"It doesn't appear that SJSU will face any fines or monetary penalties as a result of the U.S. Department of Education's investigation. However, claims/litigation may increase given their findings that the Title IX violation goes back to 2022," Vogler wrote in an email on Jan. 28 — the day the Education Department announced that it determined SJSU violated Title IX.
Now, the Education Department and CSU are in an ongoing standoff. Secretary Linda McMahon repeatedly threatened to pull federal funding from the school since the school had expressed refusal to resolve the alleged Title IX violation since early March.
SJSU is taking an unprecedented approach for a university to challenge Trump’s efforts to "Save Women’s Sports." The Education Department offered SJSU the chance to resolve the violation without any financial penalty, which the University of Pennsylvania opted to do last July over its scandal involving trans swimmer Lia Thomas.
So why has the SJSU investigation caused such a conflict?
Fox News Digital obtained the Education Department's written findings of its Title IX investigation into SJSU in 2025 and 2026. The findings were provided by SJSU in response to a public records request.
Most individuals referenced in the findings are identified only by anonymous titles. However, the findings refer to these individuals in circumstances that Fox News Digital has reported on in the past, and based on previous reporting, Fox News Digital reasonably believes those individuals to be SJSU volleyball head coach Todd Kress (Coach 2), former assistant coach Melissa Batie-Smoose (Coach 3), former player Blaire Fleming (Student 1), who is transgender, former player Brooke Slusser (Student 3), who leads a lawsuit against SJSU over the experience, and former SJSU volleyball head coach Trent Kersten (Coach 1).
Other SJSU players and staff are also identified by anonymous titles, but Fox News Digital is not identifying them by name.
The scandal reached a boiling point during the 2024 season when the Mountain West Conference had to step in with a misconduct investigation of Fleming after Batie-Smoose filed a Title IX complaint. The complaint alleged Fleming conspired with an opposing player to have Slusser spiked in the face during a match, and handed over team scouting reports to the opponent.
The findings included a reference to an email sent by Kress, appearing to reference the allegations against Fleming of planning to harm Slusser.
"I received a report from one of my student-athletes yesterday of some behavior initiated by [Student 1] that could be deemed as retaliation toward [Student 3]. This behavior occurred in Colorado on Wednesday October 2 while we were there for our match vs Colorado State," The email, dated Oct. 5, 2024, read, per the findings.
The Education Department's findings went on to state that it was "undisputed" that "there was a plan discussed to injure Student 3."
"It is disputed whether Students 1 and 9 actually followed through with the plan to injure Student 3, or whether the discussion was meant as a joke. What is undisputed, however, is that there was a plan discussed to injure Student 3, and that plan to injure Student 3 was discussed by Student 1 and Student 9 in the presence of two other San José State University teammates," the findings state.
In fall 2024, the Mountain West hired the law firm Willkie Farr & Gallagher (WFG) to investigate the allegations, and the probe was led by former Jan. 6 Council lead investigator Tim Heaphy, Fox News Digital previously reported. The conference later announced the investigation concluded without finding sufficient evidence to assign discipline. Heaphy is no longer employed by WFG.
The Education Department's findings alleged the conference refused to hand over the evidence from that original misconduct investigation.
"OCR (The Education Department's Office for Civil Rights) asked the University to request a copy of the Mountain West Conference investigation file for OCR to review. The University requested the Mountain West Conference provide a copy of the investigative file to the University to share with OCR, and the Mountain West Conference refused, citing to attorney-client privilege," the findings state.
The Mountain West previously declined Fox News Digital’s request to review the findings of its investigation into the allegations.
The Education Department also alleged that SJSU itself did not open its own formal investigation into the allegations, "because of the head coach’s opinion of the game footage, Student 1’s assertion that it was a joke, and the findings of the Mountain West Conference investigation, which the University acknowledges it never received a copy of."
The Education Department's findings included a section with the subhead "Discord, Division, and an Effort to Silence Dissent."
The section alleged a sudden decision to assign a Diversity, Equity and Inclusion (DEI) administrator to be with the team at all times after the scandal went public.
"[The DEI administrator] stated that prior to April 2024, she had no experience with the women’s volleyball team. She was brought in to ‘help deal with the team.’ She began attending practices and traveled with the team. She stated her ‘job is to make sure DEI is part of athletic programming at the University,’" the findings state.
The findings alleged a team meeting where players were allegedly told what they were not allowed to say with their own mouths. Fleming (Student 1) and Slusser (Student 3) are the only individuals Fox News Digital identifies in the following section:
"During the meeting, a player (Student 4) said ‘I feel like we were lied to (regarding Student 1 being male) and nobody wants to be in this... Why isn’t anyone sticking up for us?’
"The Senior Director of Media Relations stated she ‘tried to explain keeping a low temperature six weeks from the election people would love to blow this up.’
"Student 4 responded ‘I feel like we’re being silenced.’
"The Senior Director of Media Relations noted Student 3 was ‘nodding furiously at Student 4’s silencing comment.’ She also noted other women on the team made comments including: ‘I didn’t sign up for this’ and kept asking why they couldn’t talk about it since it was already out there.
"The Senior Director of Media Relations stated she then reiterated ‘again, I would ask yourself if this is your story to tell?’ She noted she ‘could see how much they were struggling.’"
The findings included notes from interviews with anonymous former SJSU volleyball players who were dealing with the controversy while playing in the season.
"Student interviews also indicate a lack of trust between many of the women on the team and Coach 2 and the administration. Student 7 stated "[Coach 2] cared more about [Student 1’s] wellbeing than the rest of the team." Student 7 felt Coach 2 was unfair with the way he favored Student 1," the findings stated.
"Student 10 stated after it was revealed to the team that Student 1 is male, Coach 2 expressed his belief that anyone who spoke up was attacking Student 1. Coach 2 told the team that the ‘hate’ affects him too as part of the LGBT community. Student 10 felt Coach 2 treated Student 1 with favoritism…"
The findings went so far as to state, "To silence dissent, ‘scare tactics’ were used. The women on the team were told they needed to be careful of what they said because they all signed a contract and could lose their scholarships. That threat made several members of the team afraid to speak out. Student 10 said that at one point, Coach 2 told the team to be careful regarding how they act with regard to Student 1."
The findings outlined the alleged recruitment of a transgender volleyball player in 2022. Kersten recruited Fleming that year.
"Internal email communications provided by the University indicate the head women’s volleyball coach contacted the Director of the San José State University PRIDE Center & Gender Equity Center to discuss recruiting a male volleyball player (Student 1) for the San José State University women’s indoor volleyball team. Additional communications indicate Coach 1 stated that Student 1 texted him wanting to commit," the findings state.
The findings went on to state that the coach believed to be Kersten wrote in emails regarding the recruitment that the male player was "good enough to make us better," and a dilemma on whether to tell the rest of the players.
"The internal communications also indicated a concern regarding whether or not Coach 1 should inform the women on the San José State University women’s indoor volleyball team that a male player would be joining the team. Coach 1 stated he wanted to ask the women on the team their thoughts after they found out Student 1 was joining the team, but he did not want to relinquish decision making power to the women on the team regarding whether a male player would be allowed to join the team," the findings state.
Kress and Batie-Smoose joined the SJSU staff in 2023, after Kersten departed the program for a different job, but left Fleming on the roster with two more years of eligibility.
The findings outlined alleged interactions between Kress and Batie-Smoose regarding the handling of Fleming.
"Coach 3 states she was specifically instructed by Coach 2 and the Senior Associate Athletics Director for Student Wellness and Leadership Development to not tell anyone either on the team or off the team that Student 1 is male. Coach 3 states she was also told ‘anyone who disagrees with [Student 1] being on the women’s volleyball team needs to get therapy and needs to leave SJSU,’" the findings state.
SJSU and CSU began to prepare their response as soon as they found out about the Education Department's determination of Title IX violation.
A Fox News Digital inquiry to SJSU was forwarded to top-level administrators at CSU more than an hour before Fox News Digital broke the story about the Education Department's findings on Jan. 28.
"Here we go. I will gather the troops," CSU Interim Executive Vice Chancellor Dawn Theodora wrote to SJSU Chief of Staff Shawn Wallen that day.
A month and a few days passed with no resolution between SJSU and ED.
Then, the lawsuit against SJSU and CSU led by Slusser and 10 other Mountain West players survived a legal hurdle in the first week of March. Colorado District Judge Kato Crews dismissed all the plaintiffs' claims against the Mountain West Conference, but did not dismiss claims of Title IX violations against CSU.
Crews deferred his ruling on whether to dismiss those claims to after the decision in the ongoing B.P.J. v. West Virginia case in the U.S. Supreme Court on the issue of trans athletes in women’s sports and the Title IX implications, which is expected to come in June.
Just a few days later on March 6, CSU and SJSU’s announcement of the lawsuit against the Education Department was made to employees. A large portion of SJSU President Cynthia Teniente-Matson’s email was reserved for a message of support to the LGBTQ community.
A California State University, Bakersfield employee spoke out to Garcia in an email that day.
"I want to express my disagreement in clear but respectful terms. While I understand the legal arguments presented, I believe the broader premise of the CSU’s stance risks undermining the integrity and fairness of women’s sports. Many of us are deeply concerned about how these decisions — and the messaging around them — impact female athletes who rely on the protections that Title IX was originally created to ensure," he wrote.
An SJSU employee sent an email echoing similar concerns SJSU Vice President for University Advancement Judy Nagai, that was later flagged to other administrators. SJSU redacted the name of the employee in the public records provided.
"It’s worth noting that the university’s communications don’t directly address concerns about fairness and privacy for women," the email wrote. "It’s easy to see how the messaging might come across as ambiguous or even dismissive of women’s rights for some, especially given the strong emphasis on inclusivity for LGBTQ students."
Nagai forwarded that email to Teniente-Matson and other administrators with a message that included, "[redacted] replied with a lengthy response below. He will likely attend the alumni board meeting."
Nagai later sent out a mass email to a list of undisclosed recipients, advising them on how to handle any concerns about the lawsuit.
"If you receive any questions, comments, or concerns about this topic from alumni, volunteers, and donors, please connect with [Associate Vice President of Strategy & Campaigns Manaf Mansure] so he can track and assess an appropriate response with guidance from UMC and university leadership. This includes all forms of communication -- phone calls, emails, texts and mobile messages, and in-person conversations," Nagai wrote.
The Education Department last provided an update on the situation on March 24, when the department said it had notified SJSU that it faced "impending enforcement action" for its "refusal to comply with Title IX." The announcement declared a 10-day deadline for SJSU to comply.
But that deadline has since passed.
California gubernatorial candidate Steve Hilton addressed the ongoing conflict between SJSU and the Education Department in an interview with Fox News Digital on Friday.
"You’ve got the far-left ideologues in California wasting public money, fighting against common sense. It’s completely ridiculous, we’re done with this," Hilton said when asked about the lawsuit.
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Teacher says bestselling author Jack Carr inspired students to embrace patriotism amid values debate
FIRST ON FOX: Bestselling author Jack Carr, who served the nation for 20 years as a Navy SEAL sniper and military leader, learned of an unusual story during his most recent book tour — and shared the details exclusively with Fox News Digital.
He was speaking in Franklin, Tennessee, in mid-May to a crowd of people about his new novel, "The Fourth Option," when a high school teacher approached him afterward to relay an anecdote.
More than half the students in the Mississippi teacher's class, the educator told Carr, were remaining seated during the Pledge of Allegiance each morning.
Dismayed by that, the substitute teacher, Kelly McGinnis, of Northwest Rankin High School in Flowood, Mississippi, said that when he asked his students why they weren't standing for the pledge, many struggled to explain their actions.
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"Very few would speak up," McGinnis told Fox News Digital.
"Quite a few said their parents had served [in the military], and they had [other] family members who had served, but they just felt like the way the country was at this time — they didn't agree with some of the politics and policies," he added.
McGinnis said he decided to start conversations with his students.
As part of those talks, he introduced them to books by Carr, the former Navy SEAL whose popular thrillers include deeply embedded themes of service, sacrifice and patriotism woven through the narrative storylines.
McGinnis said he was drawn to Carr's work for those reasons.
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"It seemed like his message was one of patriotism and the sacrifices that people, not only in the military but average citizens, were making for the common good," McGinnis said.
He made Carr's books available to his students — and encouraged them to give the stories a try.
As more students became familiar with Carr's work, McGinnis said he began noticing changes in both the classroom discussions and the students' behavior.
"Not only were a lot more of the kids standing [for the Pledge of Allegiance], they were encouraging others to stand," he said.
"A lot of the kids were coming around to saying, 'I really don't know why I wasn't standing,'" McGinnis added.
McGinnis shared this story with Carr after waiting in line to meet him during a book tour stop.
The author told Fox News Digital the encounter stood out to him among the many interactions he's had with readers over the years and stories he's heard from them.
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"This one was different," Carr said. "It really made an impact."
Carr said the teacher's tale reinforced his belief that reading can have a powerful influence on young people, particularly at a time when many spend hours scrolling on their phones.
"The books, and the students sitting down with those books and reading instead of scrolling, made an impact," Carr said.
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"I think it's a story that highlights just how important a teacher is," Carr said.
"If you pick up a book and put down that phone, it's going to be a better life. I guarantee it."
Both Carr and McGinniss said they believe the attention around America's 250th anniversary this year may be encouraging students to think more deeply about the nation's history — as well as the sacrifices for freedom made by previous generations.
"Maybe, even subliminally, they think, 'Oh, 250 years of this experiment called America, and all this sacrifice that let me be here today in this classroom and have options available to me as I go [from] high school and possibly [on to] college or a trade school — whatever I'm gonna do as I move forward,'" said Carr. "It's essentially, ‘Hey, I won the lotto by being born in the United States of America.’ And maybe hearing that over and over again this year — and you don't hear it every year — it's natural, I think, to reflect on those 250 years in this case, and maybe just have a little more awareness than usual ahead of the Fourth of July."
McGinnis, for his part, said, "The 250th is becoming more prominent. I think it'll really build momentum going toward July 4th."
Carr said the milestone offers an opportunity for Americans to reflect on the country's history and the generations of people whose sacrifices helped shape it.
"It's good for the country to take a breath, look back, reflect and appreciate those sacrifices," he said.
Carr is the No. 1 New York Times bestselling author of "The Terminal List" and host of the "Danger Close Podcast."
Last year his nonfiction book, "Targeted: Beirut: The 1983 Marine Barracks Bombing and the Untold Origin Story of the War on Terror," written with co-author, military historian and Pulitzer Prize finalist James Scott, was published.
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He is a former Navy SEAL Task Unit commander and sniper with deployments to Afghanistan and Iraq. He led special operations teams as a team leader, platoon commander, troop commander and task unit commander.
He is married and is the father of three children.
WATCH: Dem scolds Homeland Security chief to ‘calm down’ after hearing derails over alleged ‘pattern’
A Senate Appropriations Committee hearing was derailed Tuesday after Sen. Chris Van Hollen, D-Md., and Homeland Security Secretary Markwayne Mullin got into a heated exchange, prompting the Democrat to tell Mullin to "calm down."
Van Hollen, who is best known for flying to El Salvador to meet with controversial illegal immigrant and alleged gang member Kilmar Abrego Garcia, accused the Department of Homeland Security (DHS) of having a "pattern" of abuse while enforcing immigration law. He pointed to several recent DHS-involved shootings, including those involving Venezuelan national Julio Cesar Sosa-Celis and activists Renee Good and Alex Pretti in Minnesota.
Mullin pushed back against the allegation as an "exaggeration of words," saying, "When you say there’s a pattern, there’s not a pattern."
"Oh, I would say three in a row is a pattern," retorted Van Hollen, to which Mullin shot back, "No, sir … a pattern of three people when we average 1900 a day is not a pattern."
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Van Hollen insisted "there was a pattern." As the two talked over each other, Van Hollen shook his head, saying, "Let’s get out the dictionary, put your semantics aside, the reality is this is a big problem."
He pressed Mullin to commit to sharing evidence from the federal officer-involved shootings to Minnesota authorities.
"It sounds like you're not willing to share evidence with the state authorities who are trying to get to the bottom of this. And I will just say, Mr. Secretary, that given the statements that came out of this administration, including the White House, it is hard to trust this administration to do an independent investigation," said Van Hollen.
"But yet you trust your last administration?" Mullin fired back.
"I’m just saying if we’re calling an apple what an apple is and an orange what an orange is, don’t sit there and start cherry-picking one administration to believe and another administration not to believe," Mullin continued.
In response, Van Hollen raised his hands and said, "Mr. Secretary, just, just please calm down."
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During the hearing, Sen. Chris Murphy, D-Conn., pressed Mullin to commit to abiding by court orders, citing a federal judge's claim that DHS had violated just under 100 orders in Minnesota. Murphy also criticized DHS for "spending money like stone drunk sailors," including on "the massive detention centers that you are building."
Murphy asked Mullin, "Now that you are on the job, can you commit to us that if a court judges something ICE is doing, something DHS is doing as illegal, unconstitutional, tells you to stop, that you will comply with the court order?"
Mullin answered, "We will never break the Constitution, and we're not going to break the law, but we're going to enforce our nation's laws, and we're going to enforce the laws that you guys passed and that we implement. We will never go outside that. And if we do, we'll hold each other accountable for that."
"But that doesn't sound like the same thing as committing that you will obey a court order," pressed Murphy. "Will you, or will you not implement court orders?"
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In response, Mullin said, "If we didn't think courts were politicized, then I would probably be able to answer that. But we see courts over and over again that use their bench for their political opinion, not just the rule of law."
He chided Murphy, saying, "Don’t put words in my mouth," adding, "What I’m saying is we will enforce the law, and we’re never going to break the Constitution."
Looking aside to his colleagues on the committee, Murphy remarked, "Listen, if you're a Republican or Democrat on this committee, you should be really, really freaked out."
"We should be really concerned about the rulings that come out of the courts, and how often they get overturned," retorted Mullin.