President Biden’s Justice Department is facing heat over developments that transpired during Hunter Biden’s first court appearance on Wednesday. 

Hunter Biden’s plea deal fell apart, and he pleaded ‘not guilty’ as federal prosecutors confirmed he’s still under federal investigation. The president’s son was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax as part of the plea deal to avoid jail time on a felony gun charge.

Critics have since set their sights on the Justice Department following the development. Mike Howell, director of the Oversight Project at the Heritage Foundation, said that ‘something is rotten in the state of Delaware, and the judge sniffed it out today.’

‘We’re thrilled her reasoning tracked with the arguments we laid out in our brief to the Court,’ Howell told Fox News Digital. ‘Hunter Biden won’t be able to use this sweetheart plea deal as a get out of jail free card for any charges that may arise from the ongoing investigation into him. And that means that President Biden didn’t get a pass either.’ 

Paul Kemenar, counsel for the National Legal and Policy Center, said it’s absurd that a multi-year Justice Department investigation ultimately resulted in misdemeanor charges.

‘It’s outrageous that after a five-year investigation of Hunter Biden, and the recent IRS whistleblowers’ sworn testimony of a Justice Department coverup and obstruction, the best that the prosecutor can come up with is a couple misdemeanor charges and recommend probation as a slap on the wrist,’ Kamenar told Fox News Digital.  

‘Thankfully, Judge Norieka rejected the plea deal as we urged, but it remains to be seen if a new deal is agreed to,’ Kamenar added.

Judicial Watch President Tom Fitton went even further and stated that the development should, at a minimum, lead to an impeachment inquiry targeting Attorney General Merrick Garland.

‘If the DOJ had an ethical culture, this astonishing development would result in the resignations of US Attorney Weiss, Attorney General Garland and other responsible officials (such as the US Attorneys in CA and DC who helped subvert the prosecution), Judicial Watch President Tom Fitton said.

‘This development lends added urgency to an impeachment inquiry targeting Biden and, at least, Garland,’ Fitton added. ‘And if a special counsel isn’t immediately appointed by Garland to investigate Biden, Inc., one can further presume that Garland is criminally compromised.’

Hunter Biden was also expected to enter into a pretrial diversion agreement regarding a separate felony charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

During the contentious court hearing in a federal court in Wilmington, Delaware, Judge Maryellen Noreika pressed federal prosecutors on the investigation and questioned whether there was the possibility for future charges, and asked prosecutors if Hunter Biden was currently under active investigation. Prosecutors said he was, but would not answer specifically what the president’s son is under investigation for.  

Federal prosecutor Leo Wise, however, confirmed to Judge Noreika that the DOJ is still investigating Hunter Biden over a potential FARA violation. According to the DOJ, a willful violation of FARA could result in up to five years imprisonment and $250,000 fine, or both.

‘Yes,’ Wise stated after Noreika asked him whether the government could bring a charge against Hunter Biden related to FARA.

Prosecutors, though, said Hunter Biden pleading guilty to the two misdemeanor tax offenses would not immunize him from future charges. 

Hunter Biden ultimately pleaded not guilty because Noreika could not accept the plea deal as constructed. She repeatedly expressed her concerns about the constitutionality of the diversion deal related to the felony gun charge, specifying that the main issue with the agreement was that if Hunter Biden breached the deal, the judge would need to make a finding of fact on the matter before the government could bring charges.

Fox News Digital’s Thomas Catenacci contributed to this report.

EXCLUSIVE: A presentation offered by employees of the Hawaii Department of Health encourages staff and graduate students at the University of Hawaii Center for Cognitive Behavior Therapy not to document their conversations with LGBTQ+ youth in an effort to keep parents in the dark about their child’s sexual identity.

The training, titled ‘Affirming practice with LGBTQ+ youth’ and obtained by Fox News Digital through a Freedom of Information Act (FOIA) request, was delivered to staff and graduate students at the university on May 5 by two members of the Hawaii Department of Health’s Child and Adolescent Mental Health Division’s Safe Spaces Committee. The presenters were Kimberly Allen, chair of the Safe Spaces Committee, and Robin Lee, a member of the committee.

‘Be careful about what you document – parents may be able to access the information,’ the presentation noted under a slide about confidentiality.

The same slide – which told viewers to ‘be aware of Hawaii’s age of consent for mental health services law for youth 14 and older’ – also stated: ‘It should ALWAYS be the LGBTQ+ person’s decision to whom and when they disclose their orientation or identity. Being LGBTQ+ is not a safety risk, but being out could be.’

Asked about the warning against documenting information related to LGBTQ+ students, Allen, in a statement provided through the state health department’s communications office, told Fox News Digital, ‘When we say, ‘Be careful about what you document,’ we convey that clinicians, when deciding what words to use in documentation, should carefully consider the youth’s individual situation and any harm that may arise from writing about a youth’s identity in the medical record.’

‘If a youth is not ‘Out’ to their parents but discloses their identity to their therapist, the therapist could inadvertently inform the parents if they document this information in the medical record and if the parent requests a copy of that record,’ added Allen, a practice development specialist.

As outlined in Hawaii’s minor consent law, the Hawaii Department of Health has noted previously regarding mental health services that ‘minors 14 years of age or older’ can ‘consent to outpatient mental health services without the consent, knowledge or participation of their parents or legal guardians, upon consultation and agreement of their licensed therapist.’

The Safe Spaces Committee, according to its website, aims to ‘create and maintain an LGBTQ+ affirming system of mental health care for youth, that advances inclusive practice, urges accepting attitudes, operationalizes diversity, and provides education to the larger community.’

Another slide in the presentation tells listeners to be aware that those they counsel may not have support at home.

‘Realize that even though we live in a more liberal and affirming state, individuals’ experiences will be impacted by those around them who may be rejecting (family members, peers, school personnel, religious leaders, politicians),’ the presentation states.

The presentation also asks viewers to understand their own perspective on gender role and sexuality, including how they can use their ‘privilege’ to support those who are ‘marginalized.’

It asks questions like, ‘What stereotypes have you been taught about LGBTQ+ people,’ ‘How do your beliefs align or differ from those of your family members, friends, colleagues, etc.,’ ‘What are your privileges,’ and ‘How can you use your privilege to support others who are marginalized?’

Viewers and listeners of the presentation also learn different types of ‘prejudice,’ such as ‘heterosexism,’ ‘cissexism,’ ‘homophobia,’ ‘transphobia,’ ‘toxic masculinity,’ ‘micro-aggressions,’ ‘micro-invalidations,’ ‘micro-insults’ and ‘micro-assaults.’

Included on one slide in the presentation was the definition for ‘minority stress,’ which, according to the presenters, includes ‘additional stressors that people experience due to having a stigmatized minority status.’

‘Intersectionality: Sexual and Gender Minority individuals may additionally experience minority stress due to racism, xenophobia, and discrimination based on other minority statuses,’ the slide added.

The presentation concludes with links to the department’s LGBTQ Safe Spaces website, which includes videos that advocate for biological males to play girls’ sports, a directory of so-called ‘gender-affirming’ health care providers, and guides on gender transition through hormone therapy.

Fox News’ Elizabeth Troutman contributed to this report.

EXCLUSIVE: A top official with Washington state’s biggest school district told a fourth-grade elementary school teacher that a student’s pronoun change should not be shared with the parents, ‘regardless of age,’ unless the student consents, emails obtained by Fox News Digital reveal.

In March of last year, a Seattle Education Association (SEA) board member and fourth-grade teacher reached out to Seattle Public Schools (SPS) to request a training at an SPS school on LGBTQ best practices, according to emails Fox News Digital obtained in a public records request.

‘It came to my attention here that staff admin have disagreed about how best to support nonbinary students, and I asked admin whether we could have training on best practices,’ John Shaw wrote to Lisa Love, the manager of the Health Education Department at SPS, on March 1, 2022.

Love quickly responded that she was happy to help and added, ‘Also, it is helpful to know whether there is a current situation folks are grappling with, or if there are any ‘landmines,’ I should be aware of.’

The next day, Shaw obliged, telling Love of two alleged instances on campus: One in which an SPS principal asked a teacher to remove a Pride flag from her classroom at the request of a parent, and in the other instance, a principal had directed a teacher to notify the parents of a student who asked to be addressed with ‘they/them’ pronouns.

‘Another teacher told me that she had a student who asked to be addressed with they/them pronouns,’ he wrote. ‘The teacher emailed the other staff who worked with the student (specialists). The principal directed the teacher to notify parents first. The teacher did not feel that that would’ve been the best choice; the principal notified the parents on their own.’

‘After learning these things I called an SEA building meeting,’ he continued. ‘The group decided to ask for training. I brought the request to the principal. She approved it and directed me to arrange for the training. I believe that she is sincere in her wish for training, and to know best practices; I trust her good intentions, though I disagree with the decision she made regarding the student in their family.’

Shaw added that the principal had given him a couple of ‘warnings’ about how some Christian families and staff members might object.

‘Some families are uncomfortable with any discussion of sexuality regarding elementary students,’ he recalled the principal saying. ‘We have a number of staff members who identify as Christian, who have indicated, implied, or said outright (I’m not exactly sure) that they would not be comfortable dealing with these issues directly. (I don’t suspect that anybody on staff would intentionally or overtly reject a student.)’

Love thanked Shaw for the information and added, ‘Spoiler alert; flags can be flown, I have posters and lanyards, and will bring or send you some, parents should not be notified without student permission, regardless of age, and any conversation about student identities is just that — identities. We do not discuss sexual activity with elementary age kids.’

Shaw replied that while the principal agreed to attend the training, she suggested it be optional for staff.

‘The principal plans to attend (growth mindset, yay!) and suggested that we make the training optional, though she said that if we request it, she would make it mandatory,’ Shaw said. ‘She wants to respect those staff member members who would not want to participate. I said that I understand her hesitation, and would get back to her.’

Love said the training should be mandatory before climbing on her so-called ‘soapbox.’

‘As you might imagine, I think it should be mandatory,’ Love told Shaw. ‘Optional training suggests it is not important for all staff to have the same information. Just because someone is uncomfortable, does not excuse them from learning about their role, responsibility, and what they are obligated to do or not do by state law or district policy.’

‘I would love to see your whole staff, receive the same important information that can help alleviate fears and provide concrete steps and skills they can use in classes,’ Love continued. ‘Also, all of our schools have had, currently have, and will have LGBTQ students, staff, and families. We don’t have the option to select who we serve, and therefore should all learn about how to best support these folks.’

‘OK off my soapbox,’ she concluded.

Shaw responded the next day, saying he felt bad for initially questioning whether the training should be mandatory.

‘I feel sheepish about my waffling on that,’ he said. ‘I spoke with the two teachers who brought concerns to me; the first one said essentially the same as you, and how could I disagree? An optional training would result in… Maybe half the staff attending, I would guess.’

‘I’ll talk to the principal today,’ he added.

SPS policy on transgender and nonconforming students stipulates that ‘school personnel should not disclose a students transgender status to others, including the students, parents and/or other school personnel, unless 1) legally required to do so, or 2) the student has authorized such disclosure.’

‘Whenever discussing a particular issue such as conduct, discipline, grades, attendance, or health with a transgender, or gender nonconforming student, focus on the conduct or particular issue, and not on any assumptions regarding the students actual or perceived gender identity,’ the policy continues. 

‘When contacting the parents of a transgender or gender nonconforming student, school personnel should avoid gender pronouns, unless the student has been consulted first to determine an appropriate way to reference the students gender identity. For example, one could say ‘I am calling about P.J.’s attendance,’ rather than, ‘I am calling about your son’s attendance.”

Love’s comments to Shaw in the email thread call into question whether it’s SPS policy that 5-year-olds have an expectation of privacy on campus.

Love, Shaw, and the principal did not respond to Fox News Digital’s requests for comment.

Meanwhile, a 2022 school district presentation for parents obtained by Fox News Digital, titled, ‘Creating and Sustaining Safe and Supportive Environments for LGBTQ2+ Students at SPS,’ says the school district’s role is to ‘help create a safe and welcoming environment for ALL students so that they can reach their full social and academic potential. This includes LGBTQ2+ students.’

‘This is not about your personal politics,’ the presentation declares.

The presentation, which includes the infamous ‘Genderbread Person’ graphic, also states that homophobia and transphobia are interconnected with White supremacy.

‘Just as homophobia and sexism are linked, homophobia and transphobia are also interconnected with racism. Racism and Sexism prop up homophobia and transphobia,’ it says. ‘Therefore, if we are to interrupt homophobia and transphobia, we must also interrupt anti-Blackness and white supremacy culture.’

Fox News Digital reported in March that SPS training materials encouraged educators to ‘use inclusive language’ and ‘get comfortable with using They/Them pronouns’ in most situations.

According to an SPS presentation for elementary school educators for the 2022-2023 school year, fourth-graders are provided lessons on sexual health that ditch words like ‘female’ and ‘male’ in favor of ‘person with a vagina’ and ‘person with sperm’

The scientifically discredited practice of so-called conversion therapy, which aims to ‘convert’ LGBTQ+ people to heterosexuality or traditional gender expectations, is now banned for minors in Michigan under legislation signed Wednesday by Gov. Gretchen Whitmer.

Michigan becomes the 22nd state to outlaw conversion therapy, which state lawmakers defined as any practice or treatment by a mental health professional that seeks to change an individual’s sexual orientation or gender identity. That does not include counseling that provides assistance to people undergoing a gender transition.

Whitmer, who is the mother of a member of the LGBTQ community, said in a statement that banning the ‘horrific practice,’ of conversion therapy was necessary to making Michigan a place ‘where you can be who you are.’ She signed an executive directive in 2021 prohibiting the use of state and federal funds for conversion therapy on minors.

An estimated 15% of LGBTQ minors in Michigan have reported that they have been threatened with or subjected to conversion therapy as of 2022, according to the advocacy group The Trevor Project.

LGBTQ rights advocates have decried the practice for years, citing research suggesting the practice can increase the risk of suicide and depression.

The ban was approved by the Michigan Senate last month in a 21-15 vote — with one Republican siding with Democrats — after previously being passed by the state House. Republicans in opposition said the legislation could interfere with the work of mental health professionals.

Protecting the rights of Michigan’s LGBTQ community has been a priority for Democrats since they took control of the state government earlier this year. In March, lawmakers amended the state’s civil rights act to codify LGBTQ+ protections and permanently outlaw discrimination on the basis of sexual orientation or gender identity in the state.

Lawmakers in Minnesota, where Democrats also seized control earlier this year, passed a similar ban on conversion therapy in April. In Arizona, Gov. Katie Hobbs issued an executive order last month that prohibits state agencies from using funds to promote or facilitate conversion therapy.

The Human Rights Campaign declared a state of emergency for the LGBTQ+ community in May in response to what it called an ‘unprecedented and dangerous’ spike in discriminatory legislation sweeping statehouses this year. The emergency declaration is the first in the 43-year history of the HRC.

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Republicans celebrated Wednesday after Hunter Biden’s plea deal fell apart during a dramatic courtroom moment, and lawmakers declared that ‘justice is coming’ for the president’s son.

He had been expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax as part of a plea deal to avoid jail time on a felony gun charge during a court appearance in Wilmington, Delaware.

But Judge Maryellen Noreika did not accept the plea agreement, questioning the constitutionality of the deal, specifically the diversion clause and the immunity Hunter Biden would receive.

Prosecutors also clashed with Hunter Biden’s lawyer about potential future charges as they confirmed he is still under federal investigation. 

Judge Noreika said the diversion agreement, which meant the government wouldn’t charge Hunter Biden with a more serious gun charge if he pleaded to the tax charges, might be unconstitutional. That would mean the entire plea deal would be unconstitutional, meaning Hunter Biden would not be getting the immunity he sought. 

‘Mr. Biden, I know you want to get this over with, and I’m sorry,’ Noreika said. ‘But I need to get more information to do justice as I’m required to do.’

Republicans who have sought to tie Hunter Biden’s actions to his father delighted in the move, with Oversight Committee Chair James Comer declaring the judge ‘did the right thing by refusing to rubber-stamp Hunter Biden’s sweetheart plea deal.’

‘But let’s be clear: Hunter’s sweetheart plea deal belongs in the trash,’ Comer, R-Ky., said. ‘Last week, we heard from two credible IRS whistleblowers about the Department of Justice’s politicization and misconduct in the Biden criminal investigation. Today, the Department of Justice revealed Hunter Biden is under investigation for being a foreign agent.’

Sen. Marsha Blackburn, R-Tenn., also celebrated the move, saying, ‘You never know what is going to happen in a typical day in D.C.

‘If they throw the plea deal out, they’ll have to reposition and decide if they’re going to go to trial or how they’re going to proceed.

‘If I were you, go home tonight, get yourself a big old bowl of popcorn and a big old glass of ice tea … and it’s going to be a long night.’

Rep. Nancy Mace, R-S.C., had a message directly for Hunter Biden on ‘America’s Newsroom.’

‘If you are watching this right now, you are not above the law and justice is coming for you today,’ said Mace, who also hinted at future oversight from Republicans in Congress. 

‘We have a lot of questions at this point, but it looks like he’s being investigated, and we want to know why.’

White House press secretary Karine Jean-Pierre delivered a statement at the beginning of her daily briefing.

‘Hunter Biden is a private citizen, and this was a personal matter for him. As we have said, the president, the first lady, they love their son. And they support him as he continues to rebuild his life,’ Jean-Pierre said. ‘This case was handled independently, as all of you know, by the Justice Department under the leadership of a prosecutor appointed by the former president, President Trump.

‘So for anything further, as you know, and we’ve been very consistent from here, I’d refer you to the Department of Justice and to Hunter’s representatives who is his legal team, obviously, who can address any of your questions.’ 

Fox News’ Brooke Singman and Jake Gibson contributed to this report.

A top commander at the U.S. Army Garrison West Point has been suspended, officials said. 

The U.S. Military Academy’s Public Affairs Office confirmed the suspension of Col. Anthony Bianchi with Fox News Digital but did not provide further details.

‘U.S. Army Garrison West Point Commander has been suspended of his duties for alleged conduct pending the outcome of an investigation,’ it said in a statement. 

Bianchi, from Tampa, Florida, took command of the U.S. Army Garrison West Point last year. He was commissioned as a field artillery officer from West Point in 1997,’ according to his biography. 

He also played Army football. He deployed to Iraq and Afghanistan during his career. 

West Point recently drew attention from Capitol Hill when some Republicans demanded answers from the military academy over the school’s role-play exercise for cadets on ‘respecting the pronouns people prefer.’

Republican Reps. Michael Waltz of Florida and Jim Banks of Indiana sent a letter to West Point superintendent Lt. Gen. Steve Gilland regarding a leaked ‘facilitator guide’ for role-play exercises involving academy cadets.