McCarthy’s latest challenge: Prevent shutdown while avoiding GOP revolt

Speaker Kevin McCarthy (R-Calif.) is fresh from a successful effort to raise the debt ceiling but now faces what might be an even tougher challenge: preventing a government shutdown without sparking an all-out revolt within his own Republican conference. 

House GOP leaders return to Washington next week after a long Independence Day recess with one major item on the summer docket: moving 12 appropriations bills to the Senate and putting pressure on upper-chamber Democrats to swallow some Republican priorities. 

Yet the GOP conference is sharply divided in its approach to 2024 spending, pitting centrists and leadership allies — who concede the need for a bipartisan compromise on government funding — against conservative hard-liners demanding deep cuts, back to 2022 levels, in defiance of the deal McCarthy cut with President Biden earlier in the month.

The dynamics set the stage for a punishing July for McCarthy and GOP leaders, who are racing to win over the conservative holdouts and move the spending bills with just a razor-thin majority that allows scant room for defections. 


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Complicating their effort, the conservative hard-liners — who felt burned by McCarthy’s handling of the debt ceiling package — say they’ve taken a lesson from that fight and are now vowing to use their considerable leverage, as well as hardball tactics, to force the Speaker to hold a tougher line in the spending debate. If the government shuts down in the process, they say that’s a price they’re willing to pay.

The factors have combined to highlight the tenuous grip McCarthy has on his conference, heighten the threat to his Speakership and increase the odds of a government shutdown later in the year.

To say McCarthy’s task is difficult, said Rep. Clay Higgins (R-La.), is “the understatement of possibly the decade.”

"But difficult is not impossible,” he quickly added. “We're more united than perhaps the mainstream media would give us credit for.” 

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Central to the fight is a promise McCarthy made to his conservative detractors in January, as a condition of winning their support for his Speakership, to fight to cut next year’s spending back to last year’s levels. McCarthy, backed by top GOP appropriators, says they’re ready to make good on that vow. But the conservatives are skeptical, accusing the Speaker of using budget gimmicks, known as rescissions, to disguise higher levels of spending — a strategy the conservatives say they’ll oppose

McCarthy huddled with members of the far-right Freedom Caucus just before the recess in an effort to persuade the hard-liners that he shares their deficit-cutting goals. But no agreements were made, and conservatives left the meeting unconvinced of McCarthy’s commitment to the steep cuts they’re demanding — clear evidence that GOP leaders still lack the votes to pass their bills. 

“People are still searching for how we resolve that, and how we form unity around a single idea with respect to how the appropriations are getting resolved,” said Rep. Dan Bishop (R-N.C.), a frequent McCarthy critic. 

“We had an agreement on fiscal year 2022 discretionary spending levels,” he added. “I’m not persuaded by the notion that starting there and then buying those up with rescissions amounts to the performance of that objective.”

Still, McCarthy and his allies remain optimistic that they can move the 12 spending bills, not only through committee but also on the floor, in time to avoid a short-term spending patch in September, known as a continuing resolution, or CR. 

“[We’re] making sure that we stay on schedule to get the bills done, don't put ourselves into a situation where we take too much time and are unable to do a negotiation,” Rep. Garret Graves (R-La.), a close McCarthy ally, told reporters just before the break. “That doesn't play into our hands very well and it ends up pushing you into [a] CR path, where I don't think we really want to be.”

While the House is marking up spending bills below the levels agreed to in the debt limit bill — an attempt to appease conservatives — the Senate kicked off the appropriations process using the numbers from the original agreement, putting the two chambers on a collision course and further raising the chances of a government shutdown.

At least one moderate House Republican, however, predicts that the Senate will prevail in the chamber vs. chamber battle, which would deal a blow to conservatives and likely spark a right-wing headache for McCarthy.

“When it’s all said and done, you're gonna end up with the debt ceiling agreement,” Rep. Don Bacon (R-Neb.) told The Hill late last month. “Because the Senate’s not gonna go more conservative, and we’re not gonna let them spend more.”

Upping the pressure another notch, the debt limit deal struck by Biden and McCarthy included a provision that incentivizes Congress to pass all 12 appropriations bills by threatening to cut government spending by 1 percent across the board if the measures are not approved by Jan. 1, 2024.

So far, the House Appropriations Committee has cleared half of the partisan bills, with hopes of approving the remaining six bills in the coming weeks.

Rep. Tom Cole (R-Okla.), who serves on the appropriations panel, told The Hill before the recess that the “best outcome” would be if the GOP-led House is able to get all 12 bills across the floor. But he also said “leadership needs to see, can they produce these bills.”

“Can they get them across the floor?” he said. “If they do — and again, that will have to be without Democratic support, just like it was for the debt ceiling — they were in a position to sit down and have a genuine negotiation.”

A failure of House Republicans to pass their partisan appropriations bills as a starting point in the coming negotiations with the Senate would diminish the GOP’s leverage in that battle. 

Republican leaders have credited House passage of their previous partisan plan to raise the debt ceiling, along with proposals to slash trillions of dollars in government spending, as key in getting Democrats to swallow some of those cuts. 

The final bipartisan plan was much more modest than the proposal initially passed by Republicans in late April. However, GOP leaders say party unity was critical in strengthening McCarthy’s hand at the negotiating table with Biden.

To achieve the same unity in the spending debate, however, the Speaker must toe a difficult line in the weeks ahead as he works to secure more pull in the future talks with Democrats. Leaving town late last month, GOP leaders said the internal discussions would continue through the break. And lawmakers of all stripes said there is one goal in mind: "We're gonna do whatever we can to make sure that we cut as much as we can and maintain 218 [votes]," said Rep. Andrew Clyde (R-Ga.). 

That’s a tall order, given the current divisions and the closing window before government funding expires Oct. 1. But even many conservatives predict they will ultimately prevail. 

“The devil's in the details, of course,” Higgins said. “[But] we are united in purpose, and I envision us getting to 218.”

Kevin McCarthy reflects on history during tour of first speaker’s house

EXCLUSIVE: House Speaker Kevin McCarthy, R-Calif., recently toured the home of Frederick Muhlenberg, the first Speaker of the U.S. House of Representatives, and reflected on the historical importance of his position.

During the tour in Trappe, Pennsylvania, located about 30 miles north of Philadelphia, leaders of a local historical society took McCarthy around Muhlenberg's property — dubbed "The Speaker's House" — and the Henry Muhlenberg House which was owned by Frederick Muhlenberg's father, a well-known 18th century Lutheran minister.

"I wanted to come to the house of the very first speaker of the House of Representatives, Frederick Muhlenberg. You learn from history," McCarthy told Fox News Digital in an exlusive interview following the tour. "Think about if you became the very first speaker of Congress — setting up a new nation, how did you create the tradition, the history?"

"And when you study his time of being speaker, there's something that stands out: I might have a little in common with him. He didn't win on the first ballot. It took him a couple ballots to win there," he continued. "So, he had some fortitude, some grit, which you needed back in the time. How did he make sure the Constitution was upheld? How did he make sure committees did the work, that the speaker didn't suck in all the power?"

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McCarthy added that he was especially interested in learning about how Muhlenberg was able to work with the first U.S. President George Washington in the late 1700s as they established the foundations of the federal government for years to come. 

"Being a speaker of the House is not an easy job — you know that going in," he said. "But how do you wrangle and help people come together, uphold the Constitution, but pass the type of legislation through committees that puts America onto a better track, that tomorrow will be better than today?"

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In January, after multiple unsuccessful votes over the course of four days, McCarthy was elected the 55th ever Speaker of the House on the 15th ballot. The tight vote came after a group of Republicans demanded a series of concessions — such as ensuring certain committee assignments, creating a new "weaponization" subcommittee, and giving lower-ranked members power to alter bills — and for McCarthy to prioritize various conservative priorities.

And McCarthy's speakership hit another snag last month when House Freedom Caucus Republicans delayed votes on protecting gas stoves, a major GOP priority, in response to the way McCarthy and other leaders pushed the debt ceiling bill. Rep. Matt Gaetz, R-Fla., said he and others were fighting back against the "era of the imperial speakership."

McCarthy broadly reflected on the first six months of his speakership following the tour in Trappe, saying he understood the job isn't easy, but that he is willing to make the right decisions even if they aren't immediately popular.

"Muhlenberg, a lot of people may not know him, but he literally made a decision following George Washington on a Jay Treaty that cost him his political career — literally was attacked by a family member over it," McCarthy told Fox News Digital. "It was the right decision going forward. But emotionally, where the country was at, they wanted another decision." 

"He took the leadership upon himself to make that tie-breaking vote where George Washington believed our nation was too young to go to war with Britain again," he continued. "You can learn so many times in history that people putting the country first, made the right decision. It might not make you popular at the moment, but history will be very kind when they look back upon you."

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The current Speaker said reflecting on history reminds him democracy isn't going to be "smooth," but will ultimately yield the best results.

"Democracy, as Abraham Lincoln put it, of the people, by the people, for the people, shall not perish from Earth. There's a reason why: because our power doesn't rest with government, it's with the people," McCarthy added. "I actually embrace the struggle when it comes because I know it's working. You might not get everything that you want, but you know the struggle, that the people still have the power and you work through it."

According to Lisa Minardi, the executive director of Historic Trappe which manages an array of historical sites in the area, The Speaker's House was scheduled 20 years ago to be demolished and replaced by a CVS Pharmacy as part of strip mall expansion plan, but was rescued after a group of citizens who wanted to preserve the site banded together.

Today, the home is being renovated as part of a multi-year renovation funded, in large part, by individual donors. The largest project has been executing the restoration of the home's roof which was successfully completed in 2017. The organization is now focused on replacing windows and refurbishing the entire exterior, and plans to soon shift its focus on the interior.

"There's only one first speaker of the House," Minardi told Fox News Digital in an interview. "Frederick Muhlenberg is just incredibly important historically. He's important at the local level, the county level, the state and the national level."

"Not just here in our community of Trappe, but throughout all of those levels," she continued. "So, we think we've got a great story to tell. We want to, you know, get him on the radar."

Fox News Digital Production Assistant Aubrie Spady contributed to this report.

Embattled Texas AG Paxton secretly went on China junket against advice of staff, docs show

Ken Paxton, the suspended attorney general of Texas, traveled to China with other attorneys general in a secretive trip that included meetings with government officials and did so against the advice of his staff who expressed worry over potential Chinese Communist Party influence, according to sources and internal documents obtained by Fox News Digital.

The shadowy trip — facilitated by the Attorney General Alliance (AGA) and Conference of Western Attorneys General (CWAG) — was a 10-day excursion taking place between Oct. 30, 2019, and Nov. 8, 2019, and included stops in the Chinese cities of Beijing, Hangzhou, Shanghai and Macau, according to an itinerary of the trip reviewed by Fox News Digital.

"My first thought was this is a terrible decision to have made," said one individual with knowledge of the trip, speaking on condition of anonymity in order to avoid retribution. "Under no set of circumstances as a U.S. law enforcement official should you willingly go to China."

Paxton — accompanied on the trip by his wife Angela, a Texas state senator — was not required to report the trip and ultimately attended against wishes from staffers who raised potential government influence and surveillance concerns, officials familiar with the matter said. 

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The documents showed AGA and CWAG arranged lavish accommodations and travel for Paxton and the other attorneys general who attended. And the top state law enforcement officers, both Republicans like Paxton and Democrats including then-Hawaii Attorney General Clare Connors, met with both Chinese government officials and private sector representatives. 

Multiple individuals, who requested anonymity to avoid retribution, confirmed the authenticity of the trip and documents. Fox News Digital is withholding their names to protect their identities.

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In addition to Paxton, his wife and Connors, then-Attorneys General Hector Balderas of New Mexico, Mark Brnovich of Arizona and Wayne Stenehjem of North Dakota; former Connecticut Deputy Attorney General Margaret Chapple; and Utah Attorney General Sean Reyes joined the trip. Balderas, Brnovich and Reyes brought their wives.

Attendees such as Connors and Brnovich, for example, reported the trip due to disclosure laws in their state, filings show.

AGA Executive Director Karen White and executives from Microsoft, Alibaba, JUUL and various other companies and law firms were also listed on the trip attendee list.

"The international delegations are centered around matters to include Consumer Protection, organized crime, and cybercrime, all of which are priorities in other countries and the United States’ bilateral security relations," AGA Deputy Director and General Counsel Tania Maestas told Fox News Digital in a statement. "The United States and has extensive cultural ties and a mutually beneficial economic relationship and continues to build them through these delegations." 

"The China International Delegation surrounded issues like combating counterfeit goods and violations of intellectual property laws," Maestas continued. "Meetings with Chinese officials regarding counterfeit vaping products flooding the U.S. market also assists further protections for U.S. consumers as state attorneys general have regulatory and enforcement responsibility under the national tobacco settlements and ongoing matters related to vaping."

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On the trip, the delegation first traveled to Beijing where they stayed at a Four Seasons hotel. 

In Beijing, the attorneys general met with Chinese federal court officials and Chinese prosecutors; met with the general counsel of the state-run China State Construction and Engineering; toured the Microsoft offices; and participated in several historical tours including one to Tiananmen Square, the site of an infamous government massacre of protesting students in 1989.

They then traveled to Hangzhou where they stayed in a Sheraton resort. Their short stay in the city was highlighted by an all-day visit to the headquarters for Alibaba, the hundred-billion-dollar e-commerce platform closely regulated by the Chinese government.

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After Hangzhou, the delegation traveled to Shanghai where they stayed at a Waldorf Astoria hotel. In addition to sightseeing in the city, they met with leaders at law firm Squire Patton Boggs Shanghai and anonymous "local officials."

In their final leg of the trip, the delegation traveled to Macau where they stayed at the Venetian Macau. The main purpose of the leg was leisure.

"The Attorney General Alliance serves as a bipartisan forum where Attorneys General work in cooperation to share ideas, build relationships, and foster enforcement through meetings, panels, working groups, and social activities," Maestas, AGA's deputy director and general counsel, said.

"Importantly, AGA provides a unique environment where attorneys general can interact and discuss policy initiatives, leading to development of key long-term relationships with both state and international partners," she continued.

The AGA began as the Conference of Western Attorneys General, which still exists today as an AGA program, according to its website. CWAG's most recent financial audit covering its finances for the year ending June 30, 2022, shows it had nearly $7.5 million in total assets.

The AGA has received criticism for allegedly selling access to special interests, Axios reported last year. Chris Toth, who acted as the executive director of the National Association of Attorneys General, made the comments in his retirement letter last June.

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"I have become increasingly alarmed at the growing influence of lobbyist and corporate money in the attorney general arena, particularly involving entities that are being investigated and/or sued by AGs," Toth wrote in the letter, singling out AGA and CWAG, saying it "seems to exist for no other reason than to provide access by such actors to attorneys general."

"But the AGA funding model, e.g., a minimum contribution of $10k to attend their annual meeting, forecloses access to all but the most well-funded persons and groups," Toth wrote. "There is clearly no functional vetting mechanism for who gains access and who can essentially buy programming at AGA meetings."

Toth said that "this places AGs in a very compromising and potentially embarrassing situation," adding that "AGA is overwhelmingly dependent on corporate and lobbyist money for its activities." 

"Dues only account for a very small share of its revenue," Toth wrote. "That means when you go on a delegation, some lobbyist or corporation is paying for that. When you have your room and airfare paid for, some portion of that is coming from someone you are investigating or suing."

Toth's former group distanced themselves from his comments, saying they were "his statements alone" and were not on behalf of the National Association of Attorneys General.

The Texas House voted in May to impeach Paxton after a months-long House investigation into him that led to 20 charges alleging abuse of power, obstruction of justice, bribery and abuse of public trust. The impeachment triggered an automatic suspension of Paxton who must now wait until the end of August for the Texas Senate impeachment trial.

"The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just. It was a politically motivated sham from the beginning," Paxton said in a statement after the House impeachment.

Paxton and his wife's offices did not respond to Fox News Digital's inquiries for this story.

Swing district House Republicans timidly remind McCarthy they exist, too

The far-right House Freedom Caucus’s antics have gotten so bad that Republicans who represent districts won by President Joe Biden have actually started trying to affect what legislation comes to the House floor. They’re not trying very hard, mind you—whining to the media remains their main weapon, and they’ll get outsized credit for anything they accomplish, including the whining, but doing slightly more than nothing is a change.

The Washington Post reports, “In recent weeks, these lawmakers have kept some abortion-related measures from being put to a vote and sunk an amendment that would have derailed a government oversight bill.” Okay, that’s a start, as is the successful effort by some first-term New York Republicans to sink anti-union amendments.

It continues: “They also have tried to convince their far-right counterparts to avoid altering appropriation bills during committee markups, warning that any poison pills could force a big enough group to reject the bills on the House floor if they feel they could hurt their reelection chances.” They’ve tried. Huh. Is that new? Were swing district Republicans not trying to do that all along?

This, though—this is special:

Several lawmakers who represent districts President Biden won have also asked leadership to go a step further and allow them in the negotiating room with their far-right colleagues during high-profile debates to explain why the groups’ demands could jeopardize their five-vote majority, according to two people familiar with the request who, like others who spoke to The Washington Post, did so on the condition of anonymity to detail private conversations.

They’re asking to be allowed in the negotiating room. Doesn’t that seem like something that would have happened on Day One? Doesn’t it seem like Kevin McCarthy might have asked them himself?

Swing-district Republicans also have been pushing leadership to be strategic about which messaging bills they bring to the floor, arguing it’s not worth forcing vulnerable members to take tough votes on legislation that will die in the Senate.

I don’t know, all of this seems like something leadership might have figured out for itself. If Kevin McCarthy were a competent leader who hadn’t given away every shred of leverage he possessed to squeak in as speaker on the 15th vote, maybe it would have.

Some swing district Republicans say they’re nervously looking ahead to being put on the spot about expunging Donald Trump’s impeachments. Yet when it came to votes on referring Rep. Lauren Boebert’s Biden impeachment resolution to two committees and on censuring Rep. Adam Schiff, the so-called moderates knew their place. Those were party-line votes.

These Republicans should get credit for doing the right thing to the exact extent that they do the right thing. No bonus points for whining to the media. And when the media does report on them, be it the whining or the actually getting things done, those moments they fell in line on the extreme votes need to be included in the coverage.

Trump draws massive crowd of at least 50K in small South Carolina town of 3,400: police

Former President Donald Trump packed the house at his South Carolina rally on Saturday, drawing a massive crowd that was significantly larger than the population of the town which hosted it.

The leading Republican presidential candidate barnstormed in Pickens, a town of about 3,400 residents, on Saturday, speaking to more than 50,000 people who gathered at the downtown venue and lined the surrounding streets, according to Pickens police chief Randal Beach.

Beach told the Associated Press on Sunday that authorities were unable to calculate the exact number, but he estimated the rally was attended by "somewhere between 50-55,000" people.

South Carolina's first-in-the-South presidential primary makes it popular among GOP hopefuls, many of whom have already held events in the state. None of the other candidates in the race, however, drew an audience like Trump, who continues to dominate in 2024 polls.

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The former president's campaign told Fox News Digital that no other candidate can match the enthusiasm seen in Pickens because no one else has "delivered for the American people" in the ways that Trump has.

"The Supreme Court decisions ending racist college admissions, protecting religious liberty, and stopping an illegal student loan forgiveness scheme were a reminder of how President Trump kept the promises he made to voters," the Trump campaign said in a statement. "Mind you, the tens of thousands of patriots that turned out in Pickens, South Carolina did it on a day with temperatures over 90 degrees. The Trump train has left the station and is not stopping until President Trump is seated behind the Resolute Desk."

Saturday’s event marked a return to the large-scale rallies of his previous presidential campaigns, and his appearance effectively shuttered Pickens' quintessential Southern downtown area.

"There's nowhere else I'd rather be to kick off the Fourth of July weekend than right here on Main Street, with thousands of hardworking South Carolina patriots who believe in God, family and country," Trump said Saturday.

The tens of thousands who attended Saturday's rally, which attendees began lining up for the night before, seemed to agree with the president's sentiments.

Greg Pressley and his wife, Robin, said they drove more than three hours from their home in Tennessee to see Trump, a candidate they've supported since his first White House bid in 2016.

"Donald Trump's the best president in history," Greg said. "I love his policies. I love the man. I'm here to support him getting back to where he needs to be, to begin with."

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Florida Gov. Ron DeSantis, former Vice President Mike Pence and entrepreneur Vivek Ramaswamy have all held events in the state. The two South Carolinians in the race, former Gov. Nikki Haley and Sen. Tim Scott, have campaigned there as well.

Shelley Fox, of Spartanburg, who also said she has supported Trump since 2016, said she didn't feel it necessary to even think about any other candidates for next year's election.

"I'd write him in," she said when asked if she would consider another hopeful. "No question – I'd write him in."

Sen. Lindsey Graham and Rep. Marjorie Taylor Greene, R-Ga., also spoke at the event.

In 2016, Trump handily won the state during a crowded Republican primary, garnering 32.5% of the vote and earning the state’s 50 delegates. Senators Marco Rubio and Ted Cruz were second and third, respectively, both receiving about 22%.

The huge event shows Trump continues to sit firmly in the driver’s seat of the Republican Party and that his supporters stand unwaveringly beside him during his third bid for the White House.

Contrasted with his 2016 and 2020 campaigns, which drew thousands to rallies in states across the country, Trump's 2024 effort has been noticeably different. 

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This was only Trump's second large rally of the 2024 campaign – the first took place in Waco, Texas, in March. Another scheduled outdoor rally in Iowa in May was canceled due to tornado warnings.

The former president has mostly focused his efforts on smaller events this go around, including a series of speeches before state party organizations, frequent media interviews and town halls, working relationships with delegates and local officials, and unannounced stops at restaurants in cities he is visiting.

Trump has also appeared at many of the multi-candidate events of the primary season so far, including this past week's Moms for Liberty gathering in Philadelphia.

Saturday’s massive showing comes as Trump faces an indictment on hush-money charges in New York, federal charges related to his retention of classified documents after leaving the White House and several other investigations.

The Associated Press contributed to this report.

GOP’s ‘dereliction of duty’ impeachment argument gets skeptical reviews 

Republicans eager to impeach a Biden administration official have rallied around a new phrase to justify the rarely used move, accusing President Biden and Homeland Security Secretary Alejandro Mayorkas of “dereliction of duty.” 

The term, borrowed from the military, allows a court martial to punish service members who fail to obey orders or carry out their duties. 

But experts say the GOP’s basis for removing either man from office is an odd fit for impeachment, which requires demonstrating high crimes or misdemeanors. 

“It sounds quasi-official — it has a sort of military ring to it. But it's not as though high crimes and misdemeanors and dereliction of duty go together. … It's not traditionally one of the impeachment concepts that you would find in the panoply of presidential mistakes,” said Claire Finkelstein, a law professor at the University of Pennsylvania who specializes in national security law and democratic governance.  

“They're looking for a phrase that will kind of draw people in because it sounds semi-official, but will not actually require them to say something true and correct, like, ‘The President has actually done such and such,’” she added. 

The impeachment resolution for Biden introduced by Rep. Lauren Boebert (R-Colo.) accuses Biden of dereliction of duty and abuses of power in connection with how he has handled the border. 

“Since his first day in office, President Biden has trampled on the Constitution through his dereliction of duty under Article 2, to take care that the laws be faithfully executed. Instead of enforcing our immigration laws, he has lawlessly ignored them,” Boebert said on the House floor this month before Republicans voted to refer the measure to committee.  

Each of the four impeachment resolutions targeting Mayorkas similarly accuses him of violating his oath of office by failing to enforce immigration laws. 

The House Homeland Security Committee, which has been tasked with an investigation that would be used as the basis for any impeachment effort undertaken by House Judiciary, likewise kicked off its five-step plan with a phase dedicated to reviewing dereliction of duty. 

“The blatant disregard for the Constitution of the United States, which states that the United States Congress passes the laws and the executive branch executes those laws, is just scratching the surface to the harm Secretary Mayorkas’s dereliction of duty has done to our country,” said Mark Green (R-Tenn.), the committee's chairman, in a press conference earlier this month kicking off the formal investigation. 

“Mayorkas’s dereliction of duty has placed the safety of Americans’ second to his own personal agenda," Green added.

For Democrats, the GOP complaints over how the administration is applying — or failing to apply — the laws passed by Congress show the underlying dispute is a policy matter and therefore insufficient grounds for impeachment. 

“Dereliction of duty is something that they have created out of whole cloth,” said Rep. Dan Goldman (D-N.Y.), who served as a lead counsel to Democrats in the first impeachment of former President Trump before being elected to Congress. 

“It has never been a grounds for impeachment. It is not a high crime and misdemeanor, and it is essentially arguing that they don't like the way that President Biden and Secretary Mayorkas have been handling their jobs, which, unfortunately for them, is the consequence of elections,” Goldman said. 

Impeachment proceedings have been used four times for a president and once for a cabinet secretary. 

There are different interpretations of what constitutes a high crime or misdemeanor, and Finkelstein said while impeachment can be used for “bad acts that are not criminal, very often the impeachment charges could also be charged as crimes.” 

“President Biden and Secretary Mayorkas haven't violated the law. And I suspect that members of the GOP and Congress know that full well, and so they don't want to use any term that suggests that there may be a legal violation here. And so they're using this sort of made-up term that has a quasi-military frame to sound vaguely official, but it's really nothing that corresponds to what we would understand from the history of impeachment as a high crime and misdemeanor as the framers would have conceived,” she said. 

The dereliction of duty argument has taken a greater focus in recent weeks amid waning numbers of people arriving at the border. Earlier this year, many in the GOP argued that Mayorkas failed to follow a law that requires perfection at the border to achieve “operational control.” 

Republicans have become more focused on arguing that Biden officials have violated immigration laws, particularly those dealing with detaining and releasing migrants that arrive at the border. 

They also see a wave of fentanyl deaths as a failure to secure the border, though the vast majority of fentanyl that enters the U.S. is believed to come through ports of entry. 

The Department of Homeland Security has argued Mayorkas has acted within his authority because the U.S. simply doesn't have the capacity to detain every person that seeks to enter the country, while parole laws allow DHS to permit some migrants to enter the U.S. while they await a determination in immigration court as to securing a more permanent legal status. The department has repeatedly encouraged Congress to take action to update immigration laws. 

The White House, meanwhile, dismissed Boebert’s resolution as “staging baseless political stunts.”  

“What you would need in order to move forward with impeachment is some finding that they have violated the law,” Goldman said. 

“So the notion that he’s violated his oath of office is just simply saying that he in their view is not following the law, but what it amounts to without any evidence — and they have none — is just a disagreement about how we're dealing with the influx of migrants into this country who are largely escaping completely devastated governments [and] catastrophic situations,” he said, adding that the Biden administration has tried to deal with that “in a humane way.” 

When asked about the legal underpinnings of dereliction of duty by The Hill, Green pointed to the statutes governing the military and the Uniform Code of Military Justice (UCMJ). 

“The United States is not secure. His job is to secure the United States. He's failed. That's a dereliction of his duty,” Green said, noting the oath he took when entering West Point. 

“Mayorkas’s oath is the same, right? It's not to the geography of America. It's not to the flag. It’s to the Constitution, the idea of America and to the way the Constitution orchestrates how the government is to work.”  

The roots in the Uniform Code of Military Justice could be problematic for making a case. 

“Neither Biden nor Mayorkas are subject to the UCMJ because they’re both civilians,” Finkelstein said. “Dereliction of duty as a military term does not apply to the Secretary of Homeland Security, nor does it apply to the president.” 

Impatience, however, is growing among some in the Republican Party.  

Lawmakers have introduced 11 impeachment resolutions for various Biden administration officials in the past two months. 

“I would hope that it would be this year — and very soon,” Boebert told reporters last week.  

Rep. Adam Schiff (D-Calif.), who served as an impeachment manager for Trump’s first impeachment, dismissed the efforts as another example of Republicans “dragging down the institution of Congress.” 

“I am concerned that as they always do, they use a process that is properly applied as a precedent to abuse the process. But this is all about ingratiating yourself among MAGA members and Trump followers and it's disgraceful,” he said. 

“It’s consuming the time of Congress to keep going through these right-wing exercises designed to gain Trump's favor.” 

AOC proposes subpoenas and impeachment to limit SCOTUS justices’ power following landmark decisions

Democratic "Squad" member Rep. Alexandria Ocasio-Cortez, D-N.Y., slammed the U.S. Supreme Court for what she called an "abuse of power" Sunday, following landmark decisions this past week rejecting affirmative action and Biden's student loan debt plan. She proposed impeachment and subpoenas be put into play in order to limit the justices' power. 

"The Supreme Court is far overreaching their authority," Ocasio-Cortez said on CNN's "State of the Union."

"And I believe, frankly, that we really need to be having conversations about judicial review as a check on the courts as well," she added.

The Supreme Court issued the last decisions of its term this past week, among them rejecting the use of race as a factor in admissions, ruling in favor of a Christian web designer who refuses to make a same-sex wedding websites, and striking down President Biden’s student loan debt cancellation plan. Democrats have considered the rulings to be attacks on the left, denouncing the court as "illegitimate." 

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"These are the types of rulings that signal a dangerous creep toward authoritarianism and centralization of power in the courts," Ocasio-Cortez said Sunday. "In fact, we have members of the court themselves with Justice Elena Kagan saying that the court is beginning to assume the power of a legislature."

Ocasio-Cortez has been a vocal proponent for court-packing and limiting the court's power, going as far as to tell CNN's Dana Bash that subpoenas and impeachment should be placed on the table for consideration. 

"And so I believe that if Chief Justice Roberts will not come before Congress for an investigation voluntarily, I believe that we should be considering subpoenas," the Democrat representative said. "We should be considering investigations. We must pass much more binding and stringent ethics guidelines where we see members of the Supreme Court potentially breaking the law, as we saw in the refusal with Clarence Thomas to recuse himself from cases implicating his wife in Jan. 6."

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"There also must be impeachment on the table. We have a broad level of tools to deal with misconduct, overreach and abuse of power, and the Supreme Court has not been receiving the adequate oversight necessary in order to preserve their own legitimacy," she continued. "And in the process, they themselves have been destroying the legitimacy of the court, which is profoundly dangerous for our entire democracy."

Unlike Ocasio-Cortez, the president recently clarified his position against expanding the court during an interview on MSNBC on Thursday. Biden said progressive efforts to expand the Supreme Court would "politicize it maybe forever in a way that is not healthy."

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"And I think, look, I think maybe it's just the optimist in me. I think that some of the court are beginning to realize their legitimacy is being questioned in ways that had not been questioned in the past," he continued.

AOC did, however, make headlines shortly after the Supreme Court's affirmative action ruling, after she suggested the high court isn't serious about its "ludicrous ‘colorblindness’ claims" or else it would have "abolished" legacy admissions.

Ocasio-Cortez shared her thoughts on the ruling on Twitter, noting that "70% of Harvard’s legacy applicants are white" and that the Supreme Court "didn’t touch that – which would have impacted them and their patrons."

Many social media users were quick to call the congresswoman out, saying that the issue of legacy admissions – the practice of giving preference to children of alumni. - was not before the court.

Fox News' Brianna Herlihy and Kyle Morris contributed to this report.