Democratic presidential nominee Joe Biden and his running mate, Sen. Kamala Harris of California, have been mum on the question of court-packing should they win the November election, but in 1983 Biden was much more outspoken on the issue, calling it a “bonehead idea.”

Biden, then a U.S. Senator from Delaware, made the comments during a Senate Judiciary Committee hearing in July 1983 regarding nominations to the U.S. Commission on Civil Rights. At the time, Republican President Ronald Reagan had stoked controversy for attempting to replace three members of the commission.

Biden argued at the time that, although it was within the president’s right to do so, it risked damaging the credibility of the commission. He compared it to President Franklin D. Roosevelt’s unsuccessful attempts in 1937 to expand the Supreme Court by six justices – in other words, pack the court.  

“President Roosevelt clearly had the right to send to the United States Senate and the United States Congress a proposal to pack the court. It was totally within his right to do that. He violated no law. He was legalistically, absolutely correct,” Biden, then 40, told the committee. “But it was a bonehead idea. It was a terrible, terrible mistake to make. And it put in question, if for an entire decade, the independence of the most-significant body … in this country, the Supreme Court of the United States of America.”

The question of court-packing has been evoked in recent weeks amid President Donald Trump’s nomination of Judge Amy Coney Barrett to the Supreme Court. Democrats have argued that the next Supreme Court Justice ought to be decided by the winner of the November election and that Barrett’s confirmation to the court – so close to the election, no less – would unfairly cement a 6-3 conservative majority on the court.

TRUMP CAMPAIGN SAYS HARRIS ‘DRIVING THE BUS’ ON COURT PACKING ISSUE

With just three weeks to go until the election, Republicans have seized on the issue as a last-minute argument to voters that a Biden administration would upend norms and install liberals on an expanding Supreme Court.

Facing pressure to take a stance during a campaign swing through Phoenix on Thursday, Biden said the country would “know my position on court-packing when the election is over.”

Biden once again deflected on the court packing question on Saturday during in a campaign stop in Erie, Pennsylvania - telling reporters that should instead focus on Republican efforts to fill the empty seat on the Supreme Court before Election Day.

“Look, the only court packing that's going on right now. It’s going on with the Republicans packing the court now,” Biden said, arguing that “it’s not constitutional what they’re doing.”

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Both Biden and Harris have said the Senate should wait until after the election to fill the seat. Biden has pledged to select the first Black female justice if given a chance. But he and Harris are otherwise taking pains to avoid talking about their vision for the Supreme Court's future.

The Associated Press contributed to this report.

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 President Trump signed four executive actions Saturday aimed at delivering relief to Americans struggling with the economic fallout of the coronavirus pandemic while accusing Democrats of stonewalling greater aid efforts. 

rump announced a $400-per-week supplemental unemployment payment to out-of-work Americans -- short of the $600 weekly benefit that expired at the end of July. He unveiled an extension of student loan relief and protections from evictions for renters and homeowners.

Trump also signed a payroll tax holiday through the end of the year for Americans earning less than $100,000, while promising more relief if he wins a second term.

WHAT'S IN PRESIDENT TRUMP'S FOUR CORONAVIRUS RELIEF EXECUTIVE ORDERS?

The president signed the executive actions from his Trump National Golf Club in Bedminster, N.J., as club members cheered him on. He blamed Democrats for the coronavirus stalemate in Congress and said he'd take matters into his own hands.

"Democrats are obstructing all of it," Trump said. "Therefore, I'm taking executive action ... and we're going to save American jobs and provide relief to the American workers."

For the new $400-per-week benefit, states would be on the hook for funding 25 percent for the millions of jobless Americans, while the federal government would pick up 75 percent of the benefit, Trump said. Asked when the jobless would see the money, Trump said it would be “rapidly distributed.”

TRUMP SAYS CORONAVIRUS RELIEF EXECUTIVE ORDER COULD COME BY THE END OF THE WEEK 'IF DEMOCRATS CONTINUE TO HOLD RELIEF HOSTAGE'

The $400 boost is more than what many congressional Republicans wanted. Some opposed any extension of the federal aid, while others backed a boost no greater than $200 per week. Meanwhile, Democrats had been fighting for the full $600-per-week extension, which is on top of state unemployment benefits.

House Speaker Nancy Pelosi, D-Calif., and Sen. Chuck Schumer, D-N.Y., dismissed Trump's “meager” actions and slammed the president for signing them from his Bedminster club.

“Today’s meager announcements by the president show President Trump still does not comprehend the seriousness or the urgency of the health and economic crises facing working families," Pelosi and Schumer said in a joint statement Saturday. "We’re disappointed that instead of putting in the work to solve Americans’ problems, the President instead chose to stay on his luxury golf course to announce unworkable, weak and narrow policy announcements to slash the unemployment benefits that millions desperately need and endanger seniors’ Social Security and Medicare."

Trump has long wanted a holiday on payroll taxes, which help fund Social Security and Medicare. But congressional Republicans have not fought for the provision because of how much the suspension on tax collection could drive up an already staggering debt.

Acting unilaterally could prompt legal challenges. Since Congress controls new federal spending, Trump already predicted sidestepping lawmakers could have lawsuit consequences. But he dared opponents to deprive Americans of relief.

"If we get sued, it's [from] somebody that doesn't want people to get money," Trump said. "And that's not going to be a very popular thing."

Sen. Ron Wyden, D-Ore., said Trump's payroll tax holiday could drain the Social Security trust fund and said some states cannot afford the 25 percent unemployment match, especially since the GOP has opposed additional money to state and local governments.

“Donald Trump is trying to distract from his failure to extend the $600 federal boost for 30 million unemployed workers by issuing illegal executive orders," Wyden said. "This scheme is a classic Donald Trump con: play-acting at leadership while robbing people of the support they desperately need."

But Sen. Chuck Grassley, R-Iowa, said he supports Trump's unilateral actions.

"I applaud @realDonaldTrump executive actions to help the American [people]," Grassley, the top Republican on the Senate Finance Committee, tweeted. "Democrats all or nothing strategy jeopardizes the certainty Americans need to pay their bills. [President] Trump puts the American [people] first, compared to nonstop political games by Democrats."

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The New York Police Department (NYPD) union faced blowback from local Democrats after it endorsed President Trump’s reelection amid budget cuts and tensions between police and city lawmakers.

On Friday night, Trump spoke to members of the New York City Police Benevolent Association (PBA), an organization that represents 24,000 officers, at his golf club in Bedminster, N.J. Trump was formally endorsed by the group.

PBA President Pat Lynch said it was the first time he could recall the group ever endorsing a president.

"I have 36 years on this job, 21 as the president of this fine organization. I cannot remember when we’ve ever endorsed for Office of the President of the United States, until now. That's how important this is," Lynch said.

"Many times people say that a union like ours, law enforcement groups, give endorsements. Not in the New York City PBA, sir," Lynch continued. "In the New York City PBA, Mr. President, you earn the endorsement and you’ve earned this endorsement. I’m proud to give it."

"I've admired you my whole life, watched you do a job like nobody else, nobody else done it. Best of the best and I’m grateful happy you're here," the president said to the group of officers in attendance.

NYC MAN WANTED FOR TORCHING NYPD CAR BUSTED AFTER TAUNTING FEDS 

He mentioned his brother, Robert, who he visited in a New York City hospital Friday. "He's having a hard time, but he respected you like I respect you."

He again repeated his law-and-order message, telling the crowd “No one will be safe in Biden’s America.”

"This guy has been taking your dignity away and your respect," Trump said of former Vice President Joe Biden. "And I'm telling you on Nov. 3 you’re going to be getting it back."

New York Democrats said the police union’s endorsement of such a highly unpopular politician within the city was exacerbating tensions between them and the community.

“NYPD union endorsed Trump. I’m sure this is part of their neighborhood outreach plan,” tweeted Rep. Alexandria Ocasio-Cortez, whose district spans the Bronx and Queens.

“Also, does anyone else see a potential problem with police unions - enforcement arms of the state with lethal weapons - promoting “preferred” candidates for office or is that just me?” she added.

“I’m speechless. NYC is a beautifully diverse, working class, democratic city. The NYPD is clearly showing they are not interested in working with the people of our city,” tweeted Jamaal Bowman, a progressive newcomer who overthrew longtime Rep. Elliot Engel in a June primary.

“This explains their continued aggression against innocent people. It’s time for dramatic change,” he said.

New York City cops have faced a campaign against them in the wake of police brutality protests following the death of George Floyd.

As New York politicians cut $1 billion from the police budget among other police reforms, crime has spiked throughout the city. In July 2020, there were 244 shootings in New York, a 177 percent increase from the 88 which occurred last July.

Crimes such as murder, burglary and grand larceny auto also rose, but crimes such as rape, robbery and assault fell.

Meanwhile, Mayor Bill de Blasio and the city council recently barred officers from using chokeholds and other forms of restraint to detain suspects.

TRUMP SAYS NYC WAS 'SO GOOD' BEFORE HE LEFT, NOT SO MUCH ANYMORE

At the same time, state lawmakers passed a law to publicly disclose the disciplinary records of police officers accused of misconduct.

On July 31, Lynch met with the president at the White House to discuss the crime problem.

“In our city, we’re going through a difficult time. We have a progressive mayor that’s anti-police; the city council that’s anti-police; and the statehouse is anti-police. So they’re changing the law where it’s becoming impossible to do our job,” Lynch told the president, as reported by the New York Post.

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“And remember what our job is: to keep folks safe. You do that by helping the good people, going after the bad people. They’re stopping us from doing that.”

President Trump weighed in on Joe Biden’s running mate pick Wednesday, saying there was “nobody more insulting to Biden than she was" during the Democratic primary.

“She left angry, she left mad,” Trump said during an afternoon press conference.

Sen. Kamala Harris, D-Calif., made her mark on the presidential race in a moment where she called out Biden for touting his work with segregationist senators and his opposition to busing. Harris, as an Indian and Black woman, took Biden’s opposition personally: "There was a little girl in California who was part of the second class to integrate her public schools and she was bused to school every day. That little girl was me," Harris said.

BIDEN, HARRIS APPEAR TOGETHER FOR FIRST TIME SINCE VP ANNOUNCEMENT: 'AMERICA IS CRYING OUT FOR LEADERSHIP'

Trump added that there was a “situation” where Harris “believed the women” who accused Biden of inappropriate contact.

After a number of women in April 2019 accused the presumptive Democratic nominee of inappropriate touching and kissing, Harris said: “I believe them, and I respect them being able to tell their story and having the courage to do it.”

“He’s going to have to make that decision for himself,” Harris said when asked if Biden, who hadn’t announced a presidential bid at the point, should still run. “I wouldn’t tell him what to do.”

Biden released a video addressing the allegations at the time, in which he said, “Social norms are changing. I understand that, and I’ve heard what these women are saying. Politics to me has always been about making connections, but I will be more mindful about respecting personal space in the future. That’s my responsibility and I will meet it.”

TRUMP SLAMS HARRIS AFTER VP PICK, CLAIMS 'SHE WAS MY NUMBER ONE PICK' 

“Now all of a sudden she’s running to be vice president,” the president continued on Harris. “I was surprised he picked her because of the horrible way she talked about him, and frankly because of way she dropped like a rock,” in the Democratic primary, he added. “Generally speaking you don’t want to pick somebody that went down.”

Trump said that Harris said “far worse thing about Biden than I ever did.” He said he’d read Wednesday that she’s “very short on facts,” and assured that Vice President Mike Pence would do “even better against her than he did against Sen. [Tim] Kaine.”

On policy, Trump said want to “partially defund” law enforcement and ban fracking, a position he said would be unpopular in states like Pennsylvania.

Just before the president’s news conference Biden and Harris appeared together for the first time since Biden announced the California senator as his running mate Tuesday.

In that appearance Harris hit the White House’s current occupant for “making every challenge we face even more difficult to solve."

"America is crying out for leadership, yet we have a president who cares more about himself than the people who elected him," she said. "A president who is making every challenge we face even more difficult to solve."

“The case against Donald Trump and Mike Pence is open and shut," Harris continued.

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She compared Trump administration's handling of coronavirus to the Ebola public health crisis during the Obama administration.nters 

President Trump on Monday was abruptly escorted away from the White House briefing room just a few minutes after taking the podium for a press briefing, but quickly returned to tell reporters, "There was a shooting outside of the White House."

Describing what he knew about the situation, the president said it “seems” an armed person was shot by Secret Service and had been taken to the hospital. Trump said no one else was injured.

“It seems that the shooting was done by law enforcement,” he said.

Several minutes after initially taking the podium, someone – who appeared to be a Secret Service agent – told the president something before Trump stopped and walked out of the room.

“Excuse me?” the president said to the agent before exiting.

After returning to the podium, Trump said a shooting took place outside the premises of the White House near the fence. He said more information would be released later.

The president said he was not taken to the White House bunker, but was rather ushered to the Oval Office.

The president then moved on to discussing other issues, including the stock market and the coronavirus crisis.

Fox News’ John Roberts reported hearing the sound of gunshots outside the White House as the briefing began.

The Secret Service later tweeted: “The Secret Service can confirm there has been an officer involved shooting at 17th Street and Pennsylvania Ave. Law enforcement officials are on the scene. More information to follow.”

That intersection is right outside the White House grounds.

Multiple sources told Fox News there is no believed threat to the Capitol after the White House incident.

Several White House officials and aides, including Ivanka Trump, expressed their appreciation to the Secret Service after the incident.

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The president himself praised the Secret Service, telling reporters, “I have such confidence in these people,” adding, “they're so good."

This story is developing. Check back for updates.

Fox News' John Roberts and Chad Pergram contributed to this report.

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Maybe Judge Luttig was right all along.

I had the misgivings you’d expect back in late May, when I disagreed with J. Michael Luttig, the stellar scholar and former federal appeals court judge, regarding how the D.C. Circuit Court of Appeals should handle the Michael Flynn case.

At the time, that court’s three-judge panel had not yet heard oral argument on Michael Flynn’s mandamus petition — i.e., Flynn’s request that the panel find that federal district judge Emmet Sullivan was acting lawlessly.

APPEALS COURT TELLS PARTIES IN FLYNN CASE TO BE READY FOR QUESTIONS ON JUDICIAL IMPARTIALITY

Sullivan had not only failed to grant the Justice Department’s motion to dismiss the criminal case against Flynn; he had appointed a former federal judge (the overtly anti-Trump John Gleeson) to posit the argument abandoned by DOJ — to wit, that Flynn should proceed to sentencing because he had pled guilty to a false-statements charge, waiving his right to contest the case any further in exchange for the government’s agreement not to file any other charges.

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Basically, Flynn was asking the appellate court to order Judge Sullivan to dismiss the case. 

 In a Washington Post op-ed, Luttig 

contended that “there are ample grounds in the actions the district court has already taken for the appeals court to order that the government’s motion to dismiss be heard by a different judge, and it should so order.” 

It is interesting to revisit this assessment in light of an order issued by the D.C. Circuit on Wednesday. The Circuit directed that the participants in the dispute over Judge Sullivan’s actions, including Judge Sullivan himself, must address the question of whether Sullivan should either recuse himself or be disqualified by the Circuit.

Arguments in the case this will be heard this coming Tuesday, Aug. 11, in a rare en banc review by the full Circuit (i.e., all active judges who have not taken senior status, minus one who has recused himself, so it will be a 10-judge panel).

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