Merrick Garland appearing before Jim Jordan clown show

Tuesday was an absolute debacle for the Republican-led House. The ultra-extremist right of the Republican Party is engaged in open war with the merely radical right Republicans, resulting in the shoot-down of a defense funding bill, another round of everybody hates Speaker Kevin McCarthy, and fun things left in bathrooms. At the end of the day, McCarthy was left showcasing the kind of whining you never saw from Rep. Nancy Pelosi.

But just because Republicans can’t manage to accomplish anything on the normal agenda of the House doesn’t mean they’re not all in on the most important item for the Republican House: inventing reasons to be mad at President Joe Biden. After all, the pretense of their “impeachment inquiry” allows Republicans to send out fundraising letters with lots of teeth-gnashing, foot-stomping, tough-guy rhetoric all about how they are getting that rascal Biden. And really, how much fundraising potential is there in a smoothly running House that funds the military, passes legislation, and keeps the government functioning? Boring.

On the Wednesday schedule for this farcical inquiry is an appearance by Attorney General Merrick Garland. Garland is popping into the House Judiciary Committee so Rep. Jim Jordan can lead the chorus in making false claims about the Department of Justice protecting the president’s son Hunter Biden. It’s the opposite of the truth, but this is a day ending in “y,” so lying is definitely on Jordan’s schedule.

As The New York Times reports, the normally low-wattage attorney general is expected to find second gear and raise his voice in defense of the DOJ. Excerpts from his opening remarks show that Garland is prepared to face down false claims and wild complaints from Jordan and company.

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“We will not be intimidated,” Garland is expected to say. “We will do our jobs free from outside interference. And we will not back down from defending our democracy.”

Additional excerpts released by The Hill and CNN indicate that Garland intends to forcefully push back at the idea that the DOJ is in the service of either Congress or the White House.

“Our job is not to do what is politically convenient. Our job is not to take orders from the President, from Congress, or from anyone else, about who or what to criminally investigate,” says one portion of the remarks. “As the President himself has said, and I reaffirm here today: I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor.”

None of this is likely to hold back Republicans eager to spend the day hammering Garland with lies about President Biden’s actions in Ukraine; false claims about the actions of U.S. Attorney David Weiss, who has led the investigation into Hunter Biden; or threatening the public with more revenge porn.

According to the Times, it’s the five-year investigation into Hunter Biden that will be the primary focus of Republicans as they grill Garland. That investigation, conducted by a Donald Trump-appointed U.S. attorney who started looking into the president’s son two years before Biden’s election, failed to generate the kind of big, salacious charges that Republicans wanted. Overnight, Weiss went from a Republican hero who was surely going to uncover material Republicans could use to smear President Biden in 2024, to a wimp completely under the thumb of Garland.

Last week, Hunter Biden was charged with three felonies related to his purchase of a firearm in 2015. The charges are a travesty, greatly exceeding what would be applied to anyone else in a similar situation. In fact, Weiss chose not to prosecute three other cases from the same year Hunter Biden made his purchase, even though those cases involved the same offense. Hunter Biden is getting very special treatment—just not the kind that Republicans claim.

The festivities started at 10 AM ET and are expected to continue for hours. Don’t expect Garland’s opening remarks, or the facts, to slow Republicans down. After all, they have things to say.

And it’s not like the House has anything else to do.

C-SPAN is carrying the hearing live.

McCarthy’s Putinist arrogance on display in Ukraine aid negotiations

This is the absolute height of Putinist arrogance from House Speaker Kevin McCarthy: He won’t commit to continue providing Ukraine aid ahead of a meeting with President Volodymyr Zelenskyy until he personally gets answers. “I have questions for him,” McCarthy told reporters. “What’s the accountability in the money we already gave? What is the plan for victory? I think that’s what the American people want to know.”

He’s demanding to know Ukraine’s strategic battle plans? Coming from the guy who can’t even lead his own party conference, that’s pathetic and embarrassing. McCarthy did follow up with a weak acknowledgement that Russia’s invasion of Ukraine is an “atrocity” and that “we want to make sure that ends,” but he added, “I want accountability for whatever the hardworking taxpayers spend their money on.”

Ukraine’s plan for victory is slogging this out until they have driven Russia out of their country and restored their territorial integrity. There can be no other plan. This is real war. And that plan is going to require assistance from the U.S. and allied nations. It’s going to require McCarthy putting on his big-boy pants and standing up to the likes of Putin-boosters like Reps. Marjorie Taylor Greene and Matt Gaetz. As of right now, he’s failed there, still refusing to attach Ukraine aid to the must-pass government funding bill the House is currently struggling over.

This is what real leadership looks like.

Zelensky looks on as Biden at the UN says "Russia alone bears responsibility for this war" and "Russia alone [stands] in the way of peace" "The US together with our allies and parters around the world will continue to stand with the brave people of Ukraine, he adds to applause pic.twitter.com/kqpJn8jFlJ

— Aaron Rupar (@atrupar) September 19, 2023

“The United States, together with our allies and partners around the world, will continue to stand with the brave people of Ukraine,” President Joe Biden declared at the U.N. Tuesday. That message—not to mention the status of the U.S. as a world leader—is being undermined by the circus that McCarthy is letting flourish in the House. That’s something Senate Republicans have to reckon with as well.

The entire Senate will be meeting with Zelenskyy on Thursday, whereas in the House only McCarthy, Democratic Leader Hakeem Jeffries, and a few other members are currently scheduled to meet with him. That Senate meeting is vital because there’s some wavering now among Republicans in that body, despite Senate Minority Leader Mitch McConnell’s unceasing support for aid and warnings against Republicans going “wobbly” on it.

The best outcome of the Zelenskyy Senate meeting is Republicans finally coming together to save Ukraine—and their party from themselves. Supporting a government funding bill, with Ukraine aid attached, and presenting it to the House as a done deal is the best way they can do that.

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AG Garland slaps down 2 tiers of justice narrative in opening statement ahead of House testimony

Attorney General Merrick Garland will target the narrative that Democrats benefit from a two-tiered justice system in his opening statement before the House Judiciary Committee on Wednesday.

Republicans across the country have pointed to Hunter Biden's case as a prime example of such a system, contrasting his treatment with that of former President Trump. Excerpts of Garland's planned remarks obtained by Fox News Digital show the Biden appointee will reject allegations of bias, as well as go on to chide unnamed figures for "singling out" career officials for public criticism.

"Our job is to uphold the rule of law. That means that we apply the same laws to everyone. There is not one set of laws for the powerful and another for the powerless; one for the rich, another for the poor; one for Democrats, another for Republicans; or different rules, depending upon one’s race or ethnicity or religion," Garland plans to say.

"Our job is to pursue justice, without fear or favor. Our job is not to do what is politically convenient. Our job is not to take orders from the president, from Congress, or from anyone else, about who or what to criminally investigate. As the President himself has said, and I reaffirm here today: I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor," the remarks continue.

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"The Justice Department works for the American people. Our job is to follow the facts and the law, wherever they lead. And that is what we do. All of us at the Justice Department recognize that with this work comes public scrutiny, criticism, and legitimate oversight. These are appropriate and important given the gravity of the matters before the Department. But singling out individual career public servants who are just doing their jobs is dangerous – particularly at a time of increased threats to the safety of public servants and their families. We will not be intimidated. We will do our jobs free from outside interference. And we will not back down from defending our democracy," he plans to say.

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At Wednesday's hearing, led by committee chairman Rep. Jim Jordan, R-Ohio, members plan to examine how the Justice Department became "politicized and weaponized under the leadership of Attorney General Merrick Garland."

The committee has been investigating the alleged politicization of the DOJ throughout the Biden administration. Most recently, IRS whistleblowers came to Congress to testify that prosecutorial decisions made throughout the yearslong federal investigation into Hunter Biden have been influenced by politics.

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However, Democrats have complained that Republicans are stealing the "two-tiered" terminology from the civil rights movement.

"Since January 6th, these Republicans and Trump have complained about a two-tier justice system, co-opting the language of the decades-long civil rights movement for Black lives and Black freedom," Rep. Maxwell Frost, D-Fla., said in a July hearing.

"There is a two-tier justice system, but it’s not about Democrats versus Republican," Frost continued. "This language, two-tier justice system, has a real history. It has a real history of Emmitt Till. It has a real history with Breonna Taylor. It has a real history with George Floyd, the Central Park Five."

Garland is scheduled to testify Wednesday morning at 10 a.m. ET.

Fox News' Brooke Singman contributed to this report.

3 fake electors want Georgia election subversion charges against them to be moved to federal court

Lawyers for three Georgia Republicans, who falsely claimed that Donald Trump won the state and they were “duly elected and qualified” electors, are set to argue Wednesday that criminal charges against them should be moved from state to federal court.

David Shafer, Shawn Still and Cathy Latham were among the 18 people indicted last month along with Trump on charges they participated in a wide-ranging scheme to keep the Republican president in power after his 2020 election loss to Democrat Joe Biden. All 19 defendants have pleaded not guilty.

U.S. District Judge Steve Jones is set to hear arguments Wednesday on why Shafer, Still and Latham believe the case against them should be tried in federal court rather than in Fulton County Superior Court. Jones already rejected a similar effort from Trump White House chief of staff Mark Meadows, who has appealed that ruling. He held a hearing Monday on a similar bid by former U.S. Justice Department official Jeffrey Clark and has yet to rule.

Shafer, Still and Latham have all indicated in court filings that they will not be present in court for the hearing.

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If their cases are moved to federal court, a jury would be drawn from a broader and potentially less Democratic pool than in Fulton County alone. And any trial would not be photographed or televised, as cameras are not allowed inside federal courtrooms. But it would not open the door for Trump, if he’s elected again in 2024, or another president to issue pardons because any conviction would still happen under state law.

Part of the overarching illegal scheme, the indictment alleges, was the casting of false Electoral College votes at the Georgia Capitol on Dec. 14, 2020, and the transfer of documentation of those votes to the president of the U.S. Senate, the National Archives, the Georgia secretary of state and the chief judge of the federal court in Atlanta. Those documents were meant to “disrupt and delay” the joint session of Congress on Jan. 6, 2021, in order to “unlawfully change the outcome” of the election, the indictment says.

Prosecutors allege that Shafer, Still, Latham — and the other Georgia Republicans who participated in that plan — “falsely impersonated” electors. The related charges against them include impersonating a public officer, forgery, false statements and writings, and attempting to file false documents.

Republicans in six other battleground states that Trump lost also met and signed fake elector certificates. Michigan's attorney general in July brought criminal charges against the fake electors there.

Lawyers for the three contend that a legal challenge to the state's election results was pending and that lawyers told them it was necessary to have an alternate slate of Republican electors in case the challenge was successful.

They cite the example of the 1960 presidential election when Republican Richard Nixon was initially certified as the winner in Hawaii. Supporters of Democrat John F. Kennedy filed a legal challenge that was still pending on the day the state's presidential electors were to meet. That day, the certified electors for Nixon and uncertified elector nominees for Kennedy met at the state Capitol to cast votes for their candidates and sent them to Congress as required by the Electoral Count Act. Kennedy ultimately won the election challenge and was certified the winner, and Congress counted the votes of the Kennedy electors.

At the time of the actions alleged in the indictment, Shafer was the chair of the Georgia Republican Party, Latham was the chair of the Coffee County Republican Party and Still was the finance chair for the state Republican Party. Still was elected to the state Senate last year and represents a district in Atlanta’s suburbs.

Their lawyers say their clients were acting as contingent U.S. presidential electors and in that role were or were acting at the direction of federal officers. Their actions outlined in the indictment stem directly from that service, and they were performing duties laid out in the U.S. Constitution and the Electoral Count Act, their lawyers argue. As a result, they assert defenses under several different federal laws.

The prosecution team led by Fulton County District Attorney Fani Willis argues that they were not federal officers and were not acting at the direction of a federal official carrying out a federal function. Instead, they were impersonating genuine electors at the direction of Trump's campaign with the goal of illegally keeping him in power, they said.

They argued in court filings that “contingent electors” are not presidential electors — either the contingency is met and they become presidential electors or it is not met and the losing candidate's electors have no role. Even if the Trump campaign's legal challenge to the election results had been successful, they wrote, the only solution a court could impose is a new election, not a substitution by the Republican slate of electors.

In addition to the charges related to the fake elector plan, Shafer is also accused of lying to investigators for the Fulton County district attorney's office. Latham is accused of participating in a breach of election equipment in Coffee County by a computer forensics team hired by Trump allies.

Former U.S. Rep. Steve Buyer of Indiana sentenced to 22 months in prison for insider trading

A former U.S. congressman from Indiana was sentenced Tuesday to 22 months in prison for making illegal stock trades based on inside information while working as a consultant and lobbyist after he left office.

Former U.S. Rep. Steve Buyer, 64, a House Republican from 1993 to 2011, was also ordered to forfeit $354,027, representing the amount of illegal gains, and to pay a $10,000 fine.

Buyer, a lawyer and Persian Gulf War veteran, once chaired the House Veterans’ Affairs committee and was a House prosecutor at ex-President Bill Clinton’s 1998 impeachment trial.

Buyer was convicted in connection with insider trading involving the $26.5 billion merger of T-Mobile and Sprint, announced in April 2018, and illegal trades in the management consulting company Navigant when his client Guidehouse was set to acquire it in a deal publicly disclosed weeks later.

Defense lawyers had requested home confinement and community service as a punishment while prosecutors urged a three-year prison sentence.

Judge Richard M. Berman said Buyer's conviction by a jury in March was not a close call because the evidence against him “screams guilty." The judge said Buyer lied when he testified at his trial about when he learned about mergers that he profited from.

Berman noted that he had previously rejected claims that Buyer was unjustly prosecuted or that he could not obtain a fair trial in Manhattan because the population of New York City favors Democrats. Berman named six suburban counties outside of the city where jurors were also drawn from.

Buyer was ordered to report to prison on Nov. 28.

Prior to being sentenced, Buyer, who is from Noblesville, Indiana, told the judge he should visit Indiana, where someone buying a dozen ears of corn for $6 off the back of an unmanned trailer might put the money in a container that already has $300 in it without worrying that anybody will snatch the cash.

“It’s an honor system. It’s how we live. It’s how I’ve lived my life,” he said.

Former long-serving House Republican sentenced to 22 months in prison for insider trading

A former Republican lawmaker was sentenced to 22 months in prison for insider trading on Tuesday.

Stephen Buyer, 64, who served as a U.S. representative from Indiana from 1993 to 2011, was convicted earlier this year for operating off insider information after leaving office. In addition to incarceration, Buyer was ordered to forfeit the $354,027 he had gained with the trades in addition to a $10,000 fine.

Buyer's conviction arose from his purchase of stocks in Navigant, a management company that one of Buyer's clients, Guidehouse, was set to purchase weeks later. He also purchased shares of Sprint after learning of the company's non-public plans to merge with T-Mobile.

"Stephen Buyer was convicted by a jury of twice engaging in insider trading. He abused positions of trust for illicit personal gain, and today he faced justice for those acts. No insider trader is above the law, and we will continue to bring those who undermine the fairness and integrity of our markets to justice," U.S. Attorney Damian Williams said in a statement Tuesday.

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Buyer,64, is scheduled to report to prison on November 28.

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U.S. District Judge Richard Berman also accused Buyer of obstruction of justice for providing false explanations for his trades to the court.

Buyer, a lawyer and Persian Gulf War veteran once chaired the House Veterans’ Affairs committee and was a House prosecutor at then-President Bill Clinton’s 1998 impeachment trial.

Buyer's lawyers had urged Berman to limit his sentence to home confinement and community service.

Prior to sentencing, the defense told the court that Buyer, who once made as much as $2.2 million in a year, has suffered so much from the cost of litigation that he and his wife have sold most of their assets, including their home, condo and two cars, and his wife will have to return to the workforce at age 65.

Prosecutors had previously pushed for Buyer to pay an additional $1.4 million to cover the cost of legal fees for both sides, but the judge ruled against it.

The Associated Press contributed to this report.

Attorney General Merrick Garland to testify at House Judiciary amid probe DOJ’s alleged politicization

Attorney General Merrick Garland is set to testify Wednesday morning before the House Judiciary Committee amid allegations that the federal investigation into President Biden’s son has been influenced by politics.

The committee, led by Chairman Jim Jordan, R-Ohio, announced the hearing, titled "Oversight of the U.S. Department of Justice," will take place on Wednesday, Sept. 20, at 10:00 a.m.

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"The hearing, ‘Oversight of the U.S. Department of Justice,’ will examine how the Justice Department has become politicized and weaponized under the leadership of Attorney General Merrick Garland," the committee’s announcement states.

The House Judiciary Committee has been investigating the alleged politicization of the Justice Department throughout the Biden administration.

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Most recently, IRS whistleblowers came to Congress to testify that prosecutorial decisions made throughout the years-long federal investigation into Hunter Biden have been influenced by politics.

Those whistleblowers claimed David Weiss, who served as U.S. attorney for Delaware and led the investigation, requested special counsel authority and charging authority but was denied by the main Justice Department.

Amid pressure, Garland appointed Weiss special counsel in August with jurisdiction over the Hunter Biden investigation and any other issues that have come up, or may come up, related to that probe.

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The hearing comes amid a formal impeachment inquiry against President Biden. 

Meanwhile, Jordan's committee has also been investigating the Justice Department for alleged collusion with Big Tech companies; alleged bias against conservatives; and alleged "misuse of federal criminal and counterterrorism resources" to target parents at school board meetings.

Garland document touts DOJ’s work ahead of House testimony on department oversight

Attorney General Merrick Garland is expected to outline the work of the Justice Department during testimony before the House Judiciary Committee Wednesday, according to a document obtained by Fox News Digital.

Garland shared the document with committee lawmakers ahead of the 10:00 a.m. Wednesday hearing looking into how the DOJ has become "politicized and weaponized" under his leadership.

However, it made no mention of the allegations against the DOJ concerning its handling of the investigation into Hunter Biden, and it being influenced by politics. The attorney general is expected to face tough questions from Republicans on the committee pertaining to the investigation.

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"When I began my tenure as Attorney General, I said it would be my mission to reaffirm the norms that have guided the Justice Department’s work for over 40 years. Since then, the Justice Department has reinforced and, where appropriate, updated and strengthened policies that are foundational for longstanding Departmental norms," the document said.

"Those policies are intended to protect the independence of the Department from partisan influence in law enforcement investigations; to strictly regulate communications with the White House; to establish guidelines for Federal Bureau of Investigation (FBI) investigations and for the use of compulsory process in investigations that could involve members of the press; to ensure respect for the professionalism of the Department’s lawyers, agents, and staff; and to set out principles to guide the exercise of prosecutorial discretion," it added.

The document goes on to tout the work he says the DOJ has done to protect democracy and the public, build trust with law enforcement and crack down on various types of crime.

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The committee, led by Chairman Jim Jordan, R-Ohio, titled the hearing, "Oversight of the U.S. Department of Justice," and "will use it to examine how the Justice Department has become politicized and weaponized under the leadership of Attorney General Merrick Garland."

The committee has been investigating the alleged politicization of the DOJ throughout the Biden administration. Most recently, IRS whistleblowers came to Congress to testify that prosecutorial decisions made throughout the years-long federal investigation into Hunter Biden have been influenced by politics.

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Those whistleblowers claimed David Weiss, who served as U.S. attorney for Delaware and led the investigation, requested special counsel authority and charging authority but was denied by the main DOJ.

Latest arrest puts a big Jan. 6 conspiracy to rest. Who will they blame now?

On Tuesday, former Marine, former wedding venue operator, and current hermit Ray Epps was indicted for his actions during the Jan. 6 riot. This single charge should lay to rest an elaborate conspiracy theory that originated with online supporters of Donald Trump and spread across right-wing media. It should … if conspiracy theories were affected by facts.

Epps, a 61-year-old former president of the Arizona branch of the Oath Keepers militia and adamant supporter of Trump, flew from Arizona to Washington, D.C., in response to Trump’s call for a ‘wild’ time. Videos of Epps on Jan. 5 show him shouting for Trump supporters to take the Capitol. On Jan. 6, he marched toward Congress, urging others to do the same.

When the FBI created a website where it posted photos of individuals being sought for their involvement in the insurgency, Epps’ face was one of the first to appear. But when Epps’ photo was taken down and no charges immediately followed, claims emerged that Epps was secretly a government agent who had infiltrated Trump supporters to entice them into breaking the law. Those claims spread from QAnon to right-wing media and may have reached a peak when Sen. Ted Cruz and then-host Tucker Carlson parroted the claim on Fox News.

Carlson’s embrace of the theory, which he repeated on multiple occasions, was enough to generate waves of harassment against Epps from his fellow Trump supporters. He and his wife were forced to sell their wedding-venue business in Arizona and live “in hiding” at a trailer somewhere in Utah. In an interview with People, Epps’ attorney said the couple “received a number of credible and serious death threats, which become worse each time someone on Fox or Tucker Carlson talk about Ray.”

Epps became such a fixture of the right-wing conspiracy landscape that Republican politicians weren’t just mentioning him on Carlson’s show. They were yelling about him in a House hearing with FBI Director Christopher Wray.

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“I want to turn my attention now to this fella, this character, Mr. Ray Epps,” said Texas Republican Rep. Troy Nehls. “We’ve all heard of him. We’ve heard of Mr. Ray Epps. He was number 16 on your FBI most-wanted list. He was encouraging people the night prior and the day to go into the Capitol. And Mr. Ray Epps can be seen at the first breach of Capitol grounds at approximately 12:50 p.m.”

Epps was never on the FBI’s most-wanted list. When it comes to the FBI’s Jan. 6 website, Epps’ photo was removed because he reached out and turned himself in after seeing that the FBI was looking for him. Following that first contact, Epps was told he would likely face charges.

But when Wray refused to say that Epps would be arrested, Nehls responded angrily. “It appears to me you are protecting this guy! I strongly recommend you get your house back in order!”

In July, Epps filed a lawsuit against Fox News and Carlson accusing them of defamation. The lawsuit was filed in the same Delaware court where Fox News ended a lawsuit from Dominion Voting Systems by reaching a last-minute agreement to pay a $787.5 million settlement. Not long after that settlement, Fox News fired Carlson. But that move didn’t come in time to avoid another $12 million that Fox paid in June to settle a hostile workplace lawsuit by a former employee on Carlson’s show.

Carlson is truly the gift that keeps on giving.

In August, Fox News moved to dismiss Epps’ lawsuit, with a claim that Carlson painting Epps at the center of a fantastical conspiracy theory was “exactly what the First Amendment protects.” According to the Fox News motion, Carlson’s statements were “protected opinions, not assertions of fact.” That motion has not yet been decided. Fox News attorneys asked for a hearing on the motion in a court appearance on Monday afternoon.

While it’s safe to say that statements of fact were hard to find on Carlson’s show—and remain so on the programs of other Fox News pundits—it’s hard to see how viewers were supposed to get that just-an-opinion vibe from Carlson bringing up Epps in nearly 20 different episodes, in which he told his audience there was “no rational explanation” for the failure to charge Epps other than him being a federal agent.

In the indictment filed on Monday, Epps faces a single charge of engaging in “disorderly and disruptive conduct” in a restricted area with “intent to impede and disrupt the orderly conduct of Government business.” He is not known to have entered the Capitol, and no evidence has emerged that he assaulted the police or of any act of vandalism. He was one of several people photographed holding a very large Trump sign which was thrust toward the police line, but he hasn’t been charged with an offense connected to that action. One other man who was charged for being one of those holding the sign was found guilty on nine other counts, but acquitted for his part in holding the sign.

The method in which Epps was charged suggested he had already reached an agreement for a plea. NBC News has reported that Epps will enter his plea over a Zoom call on Wednesday afternoon.

The charges against Epps make him one of just a handful of people to be charged in relation to the insurgency who did not enter the Capitol or engage violently with the police. His wait for this charge is far from exceptional. Over 200 defendants have been charged in the past year, with 42 sentenced since July. There are still many more cases to come. The FBI seems to have simply prioritized those who entered the Capitol, assaulted the police, and engaged in violent conspiracies.

But don’t expect any of that to make it safe for Epps to leave his trailer. Conspiracy theories can always adapt to ignore facts. And don’t be surprised if Republicans in Congress continue to use Epps in their tirades. Unlike Fox News, the speech and debate clause of the Constitution is always there so they can defame and endanger anyone—as the founders intended.

Epps’ actions on Jan. 5 and 6, his ardent support for Trump, and most of all his involvement with the Oath Keepers show that he is anything but a model citizen. And maybe it’s only fitting that the MAGA crowd should turn on one of their own. But in the end, the conspiracy against Epps isn’t about Epps, or even the FBI. It’s about what’s most important to Trump supporters: avoiding any responsibility for their own actions.

Kerry talks with Drew Linzer, director of the online polling company Civiqs. Drew tells us what the polls say about voters’ feelings toward President Joe Biden and Donald Trump, and what the results would be if the two men were to, say … run against each other for president in 2024. Oh yeah, Drew polled to find out who thinks Donald Trump is guilty of the crimes he’s been indicted for, and whether or not he should see the inside of a jail cell.

Motion to vacate: Should Democrats help or laugh?

House Speaker Kevin McCarthy is in a Catch-22, and he has only himself to blame for it. He’s got until the end of next week to figure out how to keep the government from shutting down—and save his own political skin. So far, he has proven incapable of doing either and created a dynamic in which one of two things is inevitable: a shutdown or a vote calling for his ouster as speaker. At this point, it seems both are likely.

The solution for averting a shutdown is pretty simple: McCarthy has to accept the reality that the Senate and the White House are in Democratic hands, and there is no way that the demands the hard-liners are making on funding will be enacted. If he doesn’t find a compromise and get Democrats in the House to help him pass a stopgap funding bill by the end of next week, the government shuts down and Republicans will get the blame. Because he’s in charge (at least nominally), McCarthy will get the lion’s share of it.

If he does get Democratic help and manage to keep the nation from looking like a banana republic, the nihilists will try to oust him via Rep. Matt Gaetz’s motion to vacate the chair. Someone wanted to make that threat abundantly clear, leaving a copy of that resolution in a restroom near the House chamber, where a reporter would be likely to find it—and did find it.

“The thing that would force the motion to vacate is if Kevin has to rely on Democrat votes to pass a CR,” Freedom Caucus Rep. Ken Buck of Colorado told Punchbowl News Tuesday. “I don’t think it has legs until Kevin relies on Democrats.” On the other hand, he said, “I don’t see how we can pass the bill [a CR] without Democrat votes.”

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Wheeee!

Where does that leave Democrats? In a position to let McCarthy dangle.

Since the last time House Republicans took the nation to the brink of disaster on the debt ceiling, a group of conservative Democrats in the bipartisan Problem Solvers Caucus offered to help out by providing enough votes to protect McCarthy from a move to boot him.

That offer is off the table now, Democratic Rep. Dean Phillips told reporters, thanks to McCarthy’s capitulation to the worst people in his conference and his greenlighting a toxic impeachment inquiry against President Joe Biden. There’s no condoning or rewarding that, even from the most conservative of Democrats.

As of now, House Democratic Leader Hakeem Jeffries is meeting with his various Democratic groups, including the Problem Solvers, and seeing what it is they want. But that will not include capitulating to Republicans. “Leader Jeffries has been very clear,” Democratic Caucus Chair Pete Aguilar reiterated Tuesday morning. “They have to get rid of these ideological riders [on appropriations,] they have to fund the government at existing … levels and we need to meet the needs of the Ukrainian people fighting for freedom and the urgent disasters that we have had across this country.”

That’s where Democrats are and that’s where they need to stay so that McCarthy comes to them. They need to leave him stranded and friendless unless and until they extract concessions, like a commitment to realistically fund the government and put any impeachment nonsense on the back burner. McCarthy has a lot more to lose than Democrats do.

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Greene throws tantrum over Gaetz stealing her impeachment thunder

Gaetz attacks McCarthy in wild House speech

What do you do if you're associated with one of the biggest election fraud scandals in recent memory? If you're Republican Mark Harris, you try running for office again! On this week's episode of "The Downballot," we revisit the absolutely wild story of Harris' 2018 campaign for Congress, when one of his consultants orchestrated a conspiracy to illegally collect blank absentee ballots from voters and then had his team fill them out before "casting" them. Officials wound up tossing the results of this almost-stolen election, but now Harris is back with a new bid for the House—and he won't shut up about his last race, even blaming Democrats for the debacle.