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“Given Trump’s position on situations like this, he’s going to either need to fire himself or refer himself to the Department of Justice,” said one mortgage law expert.
As US President Donald Trump targets political opponents with dubious allegations of mortgage fraud, an investigation published Monday revealed the Republican leader once did the same thing as a senior official he is trying to fire.
In an August letter, Trump announced his termination of Federal Reserve Gov. Lisa Cook—an appointee of former President Joe Biden—for alleged fraud, accusing her of signing two primary residence mortgages within weeks of each other.
Cook, who denies any wrongdoing, has not been charged with any crime and has filed a lawsuit challenging Trump's attempt to fire her. In October, the US Supreme Court declined to immediately remove Cook and agreed to hear oral arguments on the case in January.
Trump called Cook's actions "deceitful and potentially criminal." However, ProPublica reviewed records showing that Trump "did the very thing he’s accusing his enemies of."
Trump committed mortgage fraud, according to Trump.Somehow I doubt his DOJ will go after him the way he instructed his DOJ to go after his political enemies over this.Every Republican accusation is a confession.
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— Melanie D’Arrigo (@darrigomelanie.bsky.social) December 8, 2025 at 5:47 AM
According to the publication:
In 1993, Trump signed a mortgage for a “Bermuda style” home in Palm Beach, Florida, pledging that it would be his principal residence. Just seven weeks later, he got another mortgage for a seven-bedroom, marble-floored neighboring property, attesting that it too would be his principal residence.
In reality, Trump, then a New Yorker, does not appear to have ever lived in either home, let alone used them as a principal residence. Instead, the two houses, which are next to his historic Mar-a-Lago estate, were used as investment properties and rented out, according to contemporaneous news accounts and an interview with his longtime real estate agent—exactly the sort of scenario his administration has pointed to as evidence of fraud...
Mortgage law experts who reviewed the records for ProPublica were struck by the irony of Trump’s dual mortgages. They said claiming primary residences on different mortgages at the same time, as Trump did, is often legal and rarely prosecuted. But Trump’s two loans, they said, exceed the low bar the Trump administration itself has set for mortgage fraud.
"Given Trump’s position on situations like this, he’s going to either need to fire himself or refer himself to the Department of Justice,” Kathleen Engel, a Suffolk University law professor and leading expert on mortgage finance, told ProPublica. “Trump has deemed that this type of misrepresentation is sufficient to preclude someone from serving the country.”
Lisa Gilbert, co-president of the consumer advocacy group Public Citizen, responded to ProPublica's analysis in a statement slamming "Trump's mortgage fraud witch hunt."
"The cruel and lawless hypocrisy of Donald Trump using the levers of government to dig up so-called mortgage fraud on his perceived political opponents, while doing the very same, is blatant," Gilbert said in a statement.
A federal judge recently dismissed the US Department of Justice's (DOJ) criminal case against Democratic New York Attorney General Letitia James, who was charged with bank fraud and false statements regarding a property in Virginia. Critics called the charges against James—who successfully prosecuted Trump for financial crimes—baseless and politically motivated. A federal grand jury subsequently rejected another administration attempt to indict James.
“The administration has used the idea of claiming a home as your primary residence without residing there to justify DOJ takedowns of Lisa Cook, Tish James, and more," Gilbert added. "If this is how they really feel, and the ProPublica reporting is accurate, then Donald Trump should be next in the DOJ crosshairs.”
ProPublica said that Trump hung up on one of its reporters who asked about similarities between his Florida mortgages and those of people targeted by his administration.
“President Trump’s two mortgages you are referencing are from the same lender," a White House spokesperson subsequently told the outlet. "There was no defraudation. It is illogical to believe that the same lender would agree to defraud itself.”
“President Trump has never, or will ever, break the law," the spokesperson falsely added.
Trump has accused other political foes, including US Sen. Adam Schiff and Rep. Eric Swalwell—both California Democrats who played key roles in both of the president's House impeachments—of similar fraud. Swalwell is currently under formal criminal investigation. Both lawmakers deny the allegations.
"Shame on the Republicans who continue to shirk their duty and deny their constituents a voice," said one retired US Army general.
Senate Republicans on Thursday rejected a bipartisan war powers resolution aimed at stopping the Trump administration from continuing its bombing of alleged drug boats or attacking Venezuela without lawmakers' assent, as required by law.
US senators voted 51-49 against the measure introduced last month by Sens. Tim Kaine (D-Va.), Rand Paul (R-Ky.), and Adam Schiff (D-Calif.). Two Republicans—Paul and Sen. Lisa Murkowski of Alaska—joined Democrats and Independents in voting for the resolution.
"It's sad that only two Republicans voted in favor," Medea Benjamin, co-founder of the peace group CodePink, said on X following the vote. "So much for 'America First' and for upholding their constitutional authority by stopping the executive branch from taking illegal military actions."
Retired Maj. Gen. Paul Eaton, a senior adviser to the group VoteVets, said in a statement that President Donald Trump "is waging a war that he unilaterally declared and refuses to get approved by the American people via their representation in Congress."
"It isn't just criminal and unconstitutional, it betrays those who did fight on battlefields and spilled blood to preserve, protect, and defend the Constitution of the United States," Eaton added. "Shame on the Republicans who continue to shirk their duty and deny their constituents a voice."
VoteVets' MG Paul Eaton (Ret) blasts GOP Senators for rejecting Senator Tim Kaine's War Powers Resolution. He says Trump is waging a "criminal and unconstitutional" war and betraying the principle that Americans shouldn't die without having a say in the matter, through their elected representatives.
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— VoteVets (@votevets.org) November 6, 2025 at 3:06 PM
The War Powers Resolution was passed over then-President Richard Nixon's veto in 1973 to affirm and empower Congress to check the president’s war-making authority. The law requires the president to report any military action to Congress within 48 hours and requires congressional approval of troop deployments exceeding 60 days.
It's been 63 days since the first-known Trump-ordered the first strikes on alleged drug boats in the Caribbean Sea and Pacific Ocean. At least 67 people have been killed in 16 such reported strikes since September 2, according to the Trump administration, which argues that it does not need congressional approval for the attacks.
Speaking on the Senate floor ahead of Thursday's vote, Minority Leader Chuck Schumer (D-NY) said:
As we speak, America’s largest aircraft carrier, the Gerald Ford, is on its way to the Caribbean. It is part of the largest military buildup in our hemisphere that we’ve seen in decades. According to press reports, Donald Trump is considering military action on Venezuelan territory. But it also sounds like nobody really knows what the plan is, because like so many other things with Donald Trump, he keeps changing his mind. Who knows what he will do tomorrow?
Trump has also approved covert CIA action in Venezuela and has threatened to attack targets inside the oil-rich country. The government of Venezuelan President Nicolás Maduro recently claimed that his country’s security forces had captured a group of CIA-aligned mercenaries engaged in a “false-flag attack” against the nation.
Sen. Ed Markey (D-Mass.) said after Thursday's vote: “Today, I was proud to once again cast my vote for Senator Kaine’s war powers resolution. President Trump is acting against the Constitution by moving toward imminent attacks against Venezuela without congressional authorization. In doing so, he is risking endless military conflict with Venezuela and steamrolling over the right of every American to have a say in the use of US military force."
“Asserting Congress’s constitutional role in war is not some procedural detail; it is fundamental. Our government is based on checks and balances, and Congress’s authority to declare war is a core principle of what makes America a democracy," Markey added. "Going to war without consulting the people is what monarchies and dictatorships do. Strong democracies must be willing to debate these issues in the light of day.”
"Congress needs to assert its constitutional power to prohibit use of military force," stressed one of the war powers resolution's co-sponsors.
As the Trump administration argues that it can continue its extrajudicial assassination spree of alleged drug runners on the high seas without congressional approval, the US Senate is set to vote Thursday afternoon on a bipartisan war powers resolution that would block military action against Venezuela absent lawmakers' assent—as required by law.
Last month, Sens. Tim Kaine (D-Va.), Rand Paul (R-Ky.), and Adam Schiff (D-Calif.) introduced a resolution to block US military "hostilities within or against Venezuela that have not been authorized by Congress," citing the War Powers Resolution of 1973 and Congress' sole ability to declare war under the Constitution.
Posting on X ahead of Thursday's vote, Schiff said that the measure's co-sponsors "are forcing a bipartisan vote to block the administration from dragging this country into war in South America."
"Congress needs to assert its constitutional power to prohibit use of military force," he added.
Trump has PUBLICLY threatened land strikes in Venezuela—after already killing at least 66 unknown people on boats in the Caribbean—unnecessarily putting the U.S. at risk of war. Here’s what @schiff.senate.gov, Senator Paul, and I are doing about it:youtube.com/shorts/TQKsF...
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— Senator Tim Kaine (@kaine.senate.gov) November 6, 2025 at 8:29 AM
Matt Duss, executive vice president of the Center for International Policy, a Washington, DC-based think tank, said Thursday that President Donald Trump "talks about himself as a historic peacemaker while continuing to order reckless military strikes and threatening to invade countries around the world."
"His actions violate both the Constitution and his own promises to be an anti-war president," he added.
This is the second time Kaine and Schiff have tried to introduce a Venezuela war powers resolution. Last month, Democratic Sen. John Fetterman joined his GOP colleagues in voting down a similar measure. Paul joined Democrats and Independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) in voting for the legislation.
Since September 2, Trump has overseen 16 reported attacks on vessels allegedly transporting drugs in the Caribbean Sea and Pacific Ocean off the coast of South America, killing at least 67 people. Venezuelan and Colombian officials, as well as relatives of some of the slain men, assert that some victims were fishers and condemned the attacks as war crimes.
Trump—who deployed an armada of warships and thousands of troops off the coast of Venezuela—has also approved covert CIA action and, along with senior administration officials, threatened to attack targets on land inside the oil-rich country, which has long been subjected to US meddling, regime change, and deadly sanctions. Late last month, the government of Venezuelan President Nicolás Maduro said that his country’s security forces captured a group of CIA-aligned mercenaries engaged in a "false-flag attack" against the nation.
The War Powers Resolution of 1973—also known as the War Powers Act—was enacted during the Nixon administration at the tail end of the US war on Vietnam, Cambodia, and Laos to empower Congress to check the president’s war-making authority. The law requires the president to report any military action to Congress within 48 hours and mandates that lawmakers must approve troop deployments after 60 days.
That 60-day door closed on Monday. However, according to The Washington Post, Assistant Attorney General for the Office of Legal Counsel T. Elliott Gaiser told lawmakers this week that Trump is not bound by the War Powers Resolution, as the administration does not believe that the boat strikes legally meet the definition of "hostilities" because the victims of the attacks aren't fighting back.
The dubious argument that acts of US military aggression aren't hostilities isn't new—the Obama administration asserted similar immunity from the War Powers Resolution when it decided to attack Libya in 2011, leading to the ouster of longtime leader Muammar Gaddafi and over a decade of enduring conflict and division.
As Brian Finucane, a former State Department legal adviser who is now a senior official at the International Crisis Group, wrote for Just Security this week:
There are many flaws with the Trump administration’s reported interpretation of hostilities. As indicated in the legislative history, Congress understood the term “hostilities” to apply broadly, more broadly than “armed conflict.” The Obama administration’s prior attempt to restrictively interpret the term garnered strong bipartisan congressional opposition...
That the Trump administration would resort to creative lawyering to circumvent the limits of the War Powers Resolution is hardly a surprise... It nonetheless is yet another legal abuse and arrogation of power by the executive. And it is a power grab in the service of killing people outside the law based solely on the president’s own say-so.
"Congress needs to push back against this attempt by the White House to further encroach upon its constitutional prerogatives on the use of military force," Finucane added. "The legislative branch should reject the executive’s strained legal interpretation of the War Powers Resolution, including possibly in legislation. Congress should also continue efforts to halt these killings at sea and block an unlawful attack on Venezuela."