House to deliver Mayorkas impeachment articles to Senate after GOP-led hearing on Capitol Hill

The House of Representatives is set to transfer articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on Tuesday afternoon, right after the Biden administration official testifies at a GOP-led hearing on Capitol Hill.

House impeachment managers are expected to walk the two House-passed articles to the Senate around 2:15 p.m. Tuesday, Speaker Mike Johnson’s office told Fox News Digital. 

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Earlier that morning, Mayorkas is slated to appear at what is likely to be a contentious hearing before the House Homeland Security Committee to testify about President Biden’s fiscal year 2024 request for his department.

Eight of the 11 impeachment managers Johnson appointed are on the committee, including Chairman Mark Green, R-Tenn.

They were originally supposed to make the ceremonial trip last Wednesday, but Johnson delayed that at the request of GOP senators who asked that the date be moved so they could have more time to build a case.

3 SEPARATE ARRESTS AT SOUTHERN BORDER REVEAL HUMAN SMUGGLING ATTEMPTS, DISCOVERY OF FAKE ID CARDS: CBP

In February, the House passed two articles of impeachment against Mayorkas in a narrow 214-213 vote, both stemming from GOP-led fury over his and President Biden’s handling of the border crisis.

One accused him of having "refused to comply with federal immigration laws" and the other of having violated "public trust." A Fox News analysis found that 7.2 million people crossed the border illegally since Biden took office, a bigger number than the populations of 36 individual states.

A Cabinet secretary has not been impeached by the U.S. Congress since 1876.

REPUBLICANS NEGLECT THE BORDER, BUT CAN'T IGNORE NATIONAL SECURITY

Senate Majority Leader Chuck Schumer, D-N.Y., has criticized the House GOP’s impeachment push but vowed to move forward expediently. He renewed that vow last week when Johnson delayed the transfer, telling reporters, "We’re ready to go whenever they are. We are sticking with our plan. We’re going to move this as expeditiously as possible."

But Republicans in the House and Senate have expressed concern that Schumer will move to quickly dismiss the case without a trial. 

Heartland voters feeling strain of mass migration: ‘Every state is a border state’

The oft-repeated claim by Republican politicians, "Every state is a border state," appears to be resonating with voters across the country and notably in states that are thousands of miles away from the U.S. southern border

"Every state became a border state when President Biden took office and immediately reversed commonsense policies that protected our borders," Iowa Gov. Kim Reynolds, a Republican, told Fox News Digital in a statement. 

Immigration surpassed all other issues in a poll by Gallup in February, as more Americans agreed it was "the most important problem facing this country today." The number of respondents to say so jumped eight points from January, to 28%. The previous issue cited as most important by Americans was "government," followed by immigration, inflation and the economy in general. While immigration concerns managed to climb, government, inflation and economic worries remained relatively steady. 

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The issue ranked as the most important for the first time since 2019, prior to President Biden taking office and during former President Trump's administration. This was the year Trump declared a national emergency at the southern border following congressional refusal to grant him requested funds for border wall construction. 

"The federal government’s inaction at our nation’s borders has led to a crisis with direct impacts upon all fifty states," New Hampshire Republican Gov. Chris Sununu told Fox News Digital in a statement. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

In the state, which is more than 2,000 miles from the U.S. southern border, 83% of residents said they consider illegal immigration a serious issue for the country. Among those residents, 58% said it is "very serious," according to a March University of New Hampshire Survey Center (UNHSC) poll. 

Andrew Smith, director of the UNHSC, noted that the percentage of those who agree that illegal immigration is a "very serious" issue nationally has remained steady for more than a decade. 

Julie Kirchner, executive director of the Federation for American Immigration Reform (FAIR), told Fox News Digital in a statement, "Americans are not only seeing total chaos at the borders, where foreign nationals are literally tearing down barriers and assaulting border agents, they are witnessing first-hand how the crisis impacts every aspect of society."

At the same time, the March polling revealed that support for the construction of a border wall has surged since 2017, when opposition among New Hampshire residents was at more than half. Now, 52% in the state are in favor of the border wall, while 39% are against it. 

"Every state, including New Hampshire, has experienced firsthand the economic and emotional toll associated with the federal government’s failed response," said Sununu. 

Reynolds claimed, "It’s clear to Iowans, and the American people, that the only way this chaos and crisis at the border can be fixed is at the ballot box," crediting Biden with the widespread effects of illegal immigration. 

Democratic strategist Eric Koch pushed back on the idea the surging concern over immigration is Biden's fault, however. He noted that Republicans and Democrats in the Senate had been negotiating a border package "that President Biden said he would have signed." The deal was ultimately sunk after former President Trump came out against it and Republican lawmakers followed suit. 

"Trump and Republicans don't actually want to solve problems and walking away from the bipartisan border deal only confirms that," Koch added. 

A White House spokesperson told Fox News Digital in a statement, "The Administration spent months negotiating in good faith to deliver the toughest and fairest bipartisan border security bill in decades because we need Congress to make significant policy reforms and to provide additional funding to secure our border and fix our broken immigration system."

The statement accused Republicans of placing "partisan politics ahead of our national security" in rejecting the border deal.

"Even without significant action from Congress, DHS is maximizing its enforcement operations," the spokesperson said. 

SEN ERNST CITES JEWISH STUDENT DISCRIMINATION IN BID TO PROTECT FREE SPEECH ON CAMPUSES

In South Carolina's recent Republican presidential primary, 37% of voters pointed to immigration as the issue that was of the most significance to them ahead of casting their vote, according to a Reuters exit poll. 

The economy came in second at 33% in the state, which is similarly more than 1,000 miles from the southern border. 

"Every state is a border state because the Biden administration policies are to allow hundreds of thousands of aliens to illegally enter the United States and then be transported by federally funded NGO’s to wherever they choose," said James Massa, CEO of NumbersUSA. 

"A reason those non-border state voters are so focused on this is because of the right-wing media obsession with the issue," claimed Democratic strategist Kaivan Shroff, who chalked some of the concern up to a tactic to rally the Republican base.

"The irony here is Biden and Democrats have put forth a bipartisan border deal that would address many of the cited concerns Republicans have been focused on, and the deal was killed because of Trump," he added, echoing both the White House and fellow strategist Koch. 

As Massa pointed out, non-governmental organizations are involved in the transportation of illegal immigrants to various locations within the U.S., and many of these NGOs also receive federal reimbursement and advance payments from the Department of Homeland Security for providing shelter or other eligible services to migrants released by DHS. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The border crisis is funded with taxpayer dollars, regardless of state," he claimed. 

He further said that illegal immigrants are choosing to travel further into the U.S. once being paroled by DHS, opting to settle in states "that have sanctuary policies and/or benefit programs."

Illegal immigrants have also been transported by Texas Gov. Greg Abbott's administration to locations that have touted "sanctuary" policies for illegal immigrants, which some have pointed to as a trigger for concerns about the border across the country. 

"Since launching the border transportation mission in April 2022, Texas has transported over 112,000 migrants to self-declared sanctuary cities to provide much-needed relief to our overrun and overwhelmed border communities as the Biden administration leaves thousands of migrants in Texas border towns," said Renae Eze, Abbott spokesperson. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

Republican strategist Doug Heye noted that "complaints from Democratic politicians that they can’t handle this crisis on their own" lend some credence to the claim that every state is now effectively a border state. 

Leaders of cities such as Chicago and New York, among others, have been overwhelmed by the illegal immigrants pouring in, prompting them to request assistance from Biden and the White House and plead with Abbott to halt his busing program.

"The sheer hypocrisy of these Democrat mayors knows no bounds, going to extreme lengths to avoid fulfilling their self-declared sanctuary city promises, yet they remain silent as President Biden transports migrants all around the country and oftentimes in the cover of night," added Eze. 

Iowa GOP strategist David Kochel suggested the "squealing of [Democratic] mayors … is definitely related to the busing."

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

Supreme Court to debate ‘sleeper’ case that could affect Trump federal prosecution

It is the "sleeper" case that could upend the most closely watched criminal prosecution in the nation. And how the U.S. Supreme Court decides the fate of an obscure Capitol riot defendant will have immediate legal and political implications for the former and perhaps future president.    

The justices on Tuesday will hold oral arguments in the appeal of Joseph Fischer, one of more than 300 people charged by the Justice Department with "obstruction of an official proceeding" in the Jan. 6, 2021, insurrection in Washington.

That charge refers to the disruption of Congress’ certification of Joe Biden's 2020 presidential election victory over Donald Trump.

Special counsel Jack Smith has also brought an obstruction charge against Trump, which is among four counts the 2024 presumptive Republican presidential nominee faces. His trial in that case was slated to begin March 4, but the Supreme Court's decision to hear this case and a separate dispute over Trump's claim of presidential immunity has delayed proceedings indefinitely.

THE HITCHHIKER'S GUIDE TO MAYORKAS' IMPEACHMENT TRIAL

A federal judge earlier dismissed the obstruction offense against three Jan. 6 criminal defendants, ruling it did not cover their conduct on the Capitol grounds. Those defendants are onetime police patrolman Fischer, Garret Miller of the Dallas area and Edward Jacob Lang of New York’s Hudson Valley.

Fischer's appeal was the one the high court accepted for final review.

U.S. District Judge Carl Nichols, a 2019 Trump bench appointee, determined prosecutors stretched the law beyond its scope to inappropriately apply it in these cases, ruling a defendant must have taken "some action with respect to a document, record or other object" to obstruct an official proceeding under the law.

He concluded the statute in question focused on tampering with evidence and did not apply to those allegedly engaged in "assaultive conduct" like participating in a riot.

The Justice Department challenged that ruling, and a federal appeals court in Washington agreed with prosecutors that Nichols’ interpretation of the law was too limited.

"The vast majority of courts interpreting the statute have adopted the natural, broad reading" of the provision, the three-judge appellate panel wrote, "applying the statute to all forms of obstructive conduct that are not covered" specifically under that provision. 

Other defendants, including Trump, are separately challenging the use of the charge, but not as part of the current Supreme Court appeal.

The relevant statute — 18 U.S. Code Section 1512(c)(2) — of the Corporate Fraud Accountability Act, part of the Sarbanes-Oxley Act, states: "Whoever corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both."

Congress passed the law in 2002 after the Enron financial and accounting scandal. Executives at the Texas-based energy company were charged with fraud, and the company eventually went bankrupt.

Judge Nichols in his ruling in the Miller case cited then-Sen. Biden, who referred to the new provision at the time as "making it a crime for document shredding."  

Both the government and Fischer, who was a North Cornwall Township Police officer in Pennsylvania at the time, offer contrasting accounts of his actions on Jan. 6, 2021.

His lawyers in their high court appeal say Fischer "was not part of the mob that forced the electoral certification to stop; he arrived at the Capitol grounds well after Congress recessed."

And while he admits entering the Capitol building and pushing his way through the crowd, Fischer claims he also helpfully returned a pair of lost handcuffs to a U.S. Capitol Police officer. After being pepper-sprayed by law enforcement, the defendant then says he left the complex just four minutes after entering.

But the Justice Department says Fischer "can be heard on the video yelling 'Charge!' before pushing through the crowd and entering the building. Once inside, petitioner ran toward a line of police officers with another rioter while yelling" a profanity.

And the government points to text messages he sent just before attending the "Stop the Steal" rally where President Trump spoke and the subsequent march to the Capitol.

"Take democratic congress to the gallows," he said in one post, and, "Can't vote if they can't breathe.. lol."

Fischer has pleaded not guilty to several charges, including disorderly and disruptive conduct; assaulting, resisting or impeding law enforcement officers; civil disorder; and the obstruction count. His trial is pending.

His legal team argues hindering or affecting an official proceeding is too ambiguous, as applied to Fischer's conduct on the Capitol grounds.

"That definition encompasses lobbying, advocacy, and protest, the very mechanisms that citizens employ to influence government. These are all forms of political speech that the First Amendment protects." 

But the government says Congress in enacting the statute meant it to be applied widely, to include "corruptly engaging in conduct to obstruct court, agency, and congressional proceedings."

MARJORIE TAYLOR GREENE'S RED LINE ON SPEAKER JOHNSON

"The proof in this case would show that on January 6, 2021, petitioner and other rioters corruptly sought to prevent Congress from counting the certified votes of the Electoral College in the joint session," said government lawyers.

Some legal scholars say the conservative high court may be wary of giving the government too much leeway.

"Prosecutors love obstruction statutes, and they love conspiracy statutes, because those statutes are so broad and can be applied in a variety of circumstances to encompass all sorts of conduct," said Thomas Dupree, a leading appellate attorney and former top Bush Justice Department official. 

"The Supreme Court is going to look at what was Congress trying to do when it criminalized these things? Did Congress really intend these laws to sweep so far? And can you take a statute that was enacted to address, for example, corporate crimes and apply it to what happened on Jan. 6?"

How a Supreme Court ruling in the Fischer case would affect Trump's separate prosecution for alleged election interference is unclear. If Fischer prevails, the former president could then ask the federal courts to formally dismiss his own obstruction charge.

That could prompt a new round of separate legal appeals that might go back to the Supreme Court for final review.  

Nine days after oral arguments in the Fischer case, the justices will hold a public session to debate whether Trump enjoys absolute immunity from prosecution for conduct in office when allegedly seeking to overturn the 2020 election results and certification.

That has paused Trump's criminal conspiracy and obstruction trial indefinitely.

The separate challenge over the obstruction charge would also likely push the schedule well into next year.

The pending high court case is Fischer v. U.S. (23-5572). A ruling is expected by early summer.

House to focus just on Israel, Iran next week

EXCLUSIVE: House Majority Leader Steve Scalise, R, La., tells Fox News the House is shifting its legislative docket next week to deal exclusively with the crisis in the Middle East.

Scalise says the House is jettisoning "themed" legislation focusing on attempts by the Biden Administration to curb the types of appliances people can buy and recalibrating toward foreign policy.

WHY THE HOUSE DELAYED SENDING MAYORKAS IMPEACHMENT ARTICLES TO THE SENATE TO BEGIN TRIAL

The biggest issue is a potential aid package for Israel. Scalise says it’s not clear if the House would focus on just Israel or do something related to Ukraine and Taiwan. Scalise suggested an Israel-only bill was a distinct possibility. But did not rule out including Ukraine. Scalise says members must just figure out what can pass.

Scalise says the House is also looking at bills to support Israel and resolutions to condemn Iran and condemn this weekend’s attacks.

In particular, Scalise says the House will bring up a measure which was blocked last week when members torpedoed a procedural measure, blocking debate on a FISA bill.

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Scalise says the House will resuscitate a resolution which supports Israel, condemning antisemitism and calls for a unilateral ceasefire.

Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors

The White House is not taking any cues from Republicans who have advised President Biden to withdraw a controversial judicial nomination.

Instead, it's digging in its heels to lobby Democratic senators to support Adeel Mangi for the 3rd Circuit Court of Appeals. 

A White House official updated Fox News Digital on the status of Mangi's nomination, which has been scrutinized over his ties to two groups, one accused of antisemitism and another that has supported "cop killers," as Republican critics have alleged. 

Biden is not considering withdrawing the judicial nomination despite a call from Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

Mangi served on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR) from 2019 to 2023. The center has been accused by Republicans of antisemitism due to its sponsored events and speakers. One such event was held on the 20th anniversary of the Sept. 11, 2001, terrorist attacks and featured controversial speakers like Hatem Bazian, who in 2004 called for an "intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian.

In 2006, Al-Arian pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department

SEN. ERNST CITES JEWISH STUDENT DISCRIMINATION IN BID TO PROTECT FREE SPEECH ON CAMPUSES

Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad, was also hosted at a CSRR event. 

The Alliance of Families for Justice (AFJ), whose founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died following an armored truck robbery, features Mangi as a current advisory board member. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

As pressure has been applied by Republican lawmakers and an ad campaign from Judicial Crisis Network targets vulnerable Senate Democrats, Biden's nominee has begun to lose support from his party. Senators Catherine Cortez Masto, D-Nev., and Jacky Rosen, D-Nev., have come out publicly against Mangi, citing his AFJ affiliation. 

Sen. Joe Manchin, D-W.Va., has also complicated the nomination by claiming he won't support anyone who can't garner at least one Republican supporter. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The opposition to Adeel Mangi — in and outside the Senate — is growing by the day," a spokesperson for the Senate Judiciary Republicans told Fox News Digital in a statement. 

"It’s clear the math is not there for the White House," the statement added, calling Biden's decision not to withdraw Mangi's nomination "puzzling indeed."

White House spokesperson Andrew Bates pushed back in a statement to Fox News Digital. 

"President Biden is proud to have chosen Adeel Mangi," he said, calling Mangi "an extraordinarily qualified nominee" and noting he "would make history on the bench" as the first Muslim in such a position.

"The Senate Judiciary Committee has approved Mr. Mangi’s nomination, and the rest of the Senate should side with what makes America the greatest nation on Earth and support him, not cave to vicious, undignified attempts to drag America into the past," Bates added. 

White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel and White House senior counsel in charge of nominations Phil Brest, continue to press senators to support Mangi, who would be the first Muslim federal appellate court judge, a White House official revealed. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

Through these officials, the White House is persisting and pushing back on the concerns over Mangi's two group affiliations in question, telling senators they are false and a smear campaign. They are also reiterating to lawmakers that the nominee is qualified for the role. 

Senate Judiciary Chariman Dick Durbin, D-Ill., will also keep up pressure on his colleagues to support Mangi and dismiss what he also considers to be a smear campaign. 

"The treatment of this nominee before the Senate Judiciary Committee has reached a new low in many ways," he said in a recent speech on the chamber floor, insinuating Mangi's status as a Muslim is the reason for opposition to his confirmation.

If Biden does not withdraw Mangi's nomination and it is not scheduled for a confirmation vote in 2024, the nomination will expire on its own. In this case, he would need to be nominated again in the next Congress. 

The nomination has not yet been scheduled for a vote by Senate Majority Leader Chuck Schumer, D-N.Y., who has noted his own support for Mangi but hasn't given any indication whether he plans to schedule a vote. 

Republican strategist Ron Bonjean, a former spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference, said it was "unlikely" Mangi's nomination survives a Senate confirmation. 

"The White House has not put up an aggressive defense of Mangi, which is really sending my message that he should withdraw [on] his own," said Bonjean, who also ran communications for the Senate confirmation of Supreme Court Justice Neil Gorsuch. "Unless the Biden administration changes its strategy, the Mangi nomination is dead in the water."

Mangi did not provide comment to Fox News Digital.

Johnson to meet Trump at Mar-a-Lago amid speakership threat

Speaker Mike Johnson, R-La., will meet former President Trump at his Mar-a-Lago estate on Friday as the embattled House leader faces a threat to his speakership from Trump loyalist Rep. Marjorie Taylor Greene, R-Ga.

Johnson and Trump have already been at odds on the House passing an additional $60 billion in aid to Ukraine, which Johnson has for months declined to allow the House to vote on legislation already passed by the Democratic-led Senate. 

Trump has previously stated that he would end the war within 24 hours should he be reelected, while he has also touted converting the cost of weapons transfers to Ukraine into a loan.

Trump also encouraged GOP lawmakers to successfully "kill" reauthorizing FISA, the Foreign Intelligence Surveillance Act, a measure Johnson backed. The speaker is set to try again to push the measure through the House.

JOHNSON BUCKS GOP PRIVACY HAWKS IN CLOSED LAWMAKER MEETING ON SPY TOOL RENEWAL

Meanwhile, earlier this month, Greene authored a resolution to force the House to take a vote of no confidence in the speaker. Greene railed at Johnson for negotiating spending bills with Democrats and forgoing the GOP’s internal rule, requiring 72 hours before voting on legislation.

She is also a staunch opponent of providing more aid to Ukraine. Greene and Johnson met on Wednesday, with Greene saying she is still frustrated with the speaker’s handling of several hot-button issues.

UK'S CAMERON MEETS TRUMP AHEAD OF PUSH FOR MORE US UKRAINE FUNDING

Nevertheless, Trump is expected to back the leadership of Johnson, who defended the former president in two impeachment trials.

In fact, Friday’s meeting has been billed as a "major announcement on election integrity," and to tout legislation that would prevent noncitizens from voting, although no further details have been provided.

The joint appearance will also give Johnson an opportunity to publicly showcase his close ties to Trump.

"It’s about Trump embracing Johnson," former Speaker Newt Gingrich said of Friday’s joint appearance, per the New York Times. "This is Trump saying, ‘He is the speaker, I am his friend, we are together.’ That’s a pretty important thing for him. He just has to endure."

The high-profile joint appearance comes days after Trump met with former U.K. Prime Minister David Cameron at Mar-a-Lago.

Afghan man on terror watchlist apprehended by ICE

An Afghan national who is on the U.S. terror watchlist is back in custody Friday, the Department of Homeland Security said, after he was previously captured at the U.S.-Mexico border and released twice onto American soil. 

Mohammed Karwan is a member of Hezb-e-Islami, a group responsible for attacks in Afghanistan that killed at least nine American soldiers and civilians from 2013 to 2015, the terror watchlist indicates, NBC reported.

Karwan was first apprehended in March 2023 after crossing into the U.S. illegally near San Ysidro, California.  

DHS officials tell Fox News that Karwan was not on the terror watchlist during that arrest and was referred to ICE, which released him on ATD – alternatives to detention. At the time of his apprehension, "there was not conclusive information" to match him to the FBI’s Terrorism Watch List, the officials said.

REPUBLICAN GOVERNOR SIGNS BILL ALLOWING LOCAL AUTHORITIES TO ARREST CERTAIN MIGRANTS, ‘ENFORCE IMMIGRATION LAWS’

Eleven months later, in February 2024, Karwan was officially added to the FBI terror watchlist after "derogatory" new information was developed on him, multiple DHS sources told Fox News. Immigration and Customs Enforcement was notified, and ICE arrested him in San Antonio in February, the sources said.

Two weeks ago, during a court appearance, DHS prosecutors did not tell the federal immigration judge that the Afghan was on the terror watchlist or a possible national threat, only arguing that he was a possible flight risk. DHS cannot disclose what they do or don’t say in court, and is limited in what the department can tell a judge, senior DHS officials told Fox News.

The judge ordered him released on bond, according to a source familiar with the matter. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

As of Friday, Karwan has been taken into custody again with a court appearance set for next year. 

Homeland Security told Fox News late Thursday night that "law enforcement has been tracking the matter closely to protest against public safety risks" and "the individual is currently in U.S. custody."

"DHS takes seriously its responsibility to ensure that those who enter the country don’t pose a threat to our national security. If an individual poses a threat to national security or public safety, we deny admission, detain, remove, or refer them to other federal agencies for further vetting, investigation and/or prosecution as appropriate," a DHS spokesperson also said. "Vetting is a point-in-time check that evaluates information available to the U.S. Government at that time. If individuals who have entered the country are later found to be associated with information indicating a potential national security or public safety concern, DHS and our federal partners have procedures in place to investigate and take appropriate act."

The U.S. National Counterterrorism Center describes "Hezb-e-Islami, or ‘Party of Islam,’" as a "political and paramilitary organization in Afghanistan founded in 1976 by former Afghan prime minister Gulbuddin Hekmatyar, who has been prominent in various Afghan conflicts since the late 1970s."Hezb-e Islami Gulbuddin (HIG) is an offshoot of that original Hezb-e-Islami, and is a virulently anti-Western insurgent group whose goal is to replace the Western-backed Afghan Government with an Islamic state rooted in sharia in line with Hekmatyar’s vision of a Pashtun-dominated Afghanistan," it adds. "His group conducts attacks against Coalition forces, Afghan Government targets, and Western interests in Afghanistan."

Fox News’ David Spunt and Madeleine Rivera contributed to this report.

Rep. Mike Garcia slams FBI director as being ineffective at his job: ‘I don’t trust you’

Rep. Mike Garcia, R-Calif., blatantly told FBI Director Christopher Wray that he does not trust him, while accusing him of not being transparent and standing "relatively silent" about the southern border instead of helping to shape policies on the matter, particularly regarding national security.

Wray met with the House Appropriations subcommittee on Thursday afternoon urging Section 702 of the Foreign Intelligence Surveillance Act (FISA) to be reauthorized by Congress and to discuss next year’s budget, and while some of the discussion involved dollar figures, the FBI director was there to defend efforts to fend off terrorist attacks and the infiltration of the U.S. by violent gangs through the southern border, many of which are connected to the fentanyl epidemic.

When it was time for Garcia to question Wray, the Congressional representative did not hold back.

"I’ll be honest with you, and this pains me to say this, but I don’t trust you," Garcia told Wray.

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

The legislator told Wray he did not think it was a funding problem, but rather a "lack of transparency," along with the "weaponization and politicization" of issues and instruments used for national security against Americans and institutions, like churches.

Garcia accused Wray of standing relatively silent and passive about "the biggest national security threat" to the U.S. – referring to the southern border — and refused to give "little credence" in the director’s ability to do his job or lead the "brave agents" below him.

"I don’t trust you to protect us," Garcia said. "I think because of your inability to lead and also shape the policies and the DOJ and at the White House, we are now in a more precarious position than we were, I would submit, than we were on September 10th of 2001."

FBI DIRECTOR CHRISTOPHER WRAY CITES INCREASED FOREIGN THREATS IN FISA REAUTHORIZATION PLEA: ‘ROGUE’S GALLERY'

Wray appeared to listen as the congressional representative continued to attack him and his reputation.

During the hearing, Wray spoke about the border and his concerns about it being open, particularly in terms of how the opening benefits the cartels and the flow of fentanyl into the U.S.

He told the subcommittee that when agents take down violent gangs, they notice it includes the seizure of fentanyl. The fentanyl, Wray explained, is coming from the cartels, which are getting the dangerous drug from China.

HOUSE BRACES FOR BATTLE OVER RENEWING CONTROVERSIAL FISA SURVEILLANCE TOOL

"Last year, I guess the last two years in a row…the FBI seized enough fentanyl to kill 270 million American people," he said. "And that gives you a sense of the scale of what we’re up against."

Wray continued to speak about instances with the Sinaloa and CJNG cartels, saying he has asked for help from the Mexican government in dealing with these dangerous criminals.

Efforts to target the cartels include going after their money and assets and other infrastructure, as well as going after leadership. But to do so, he added, the FBI is going to need more money.

Garcia told Wray that prior to him being able to ask questions, the FBI director had only mentioned the southern border about four times, closing over the idea that there are over 7 million people who have entered the country illegally, 350 of whom are on the FBI terror watch list, and 1.7 million who were able to flee border patrols before being apprehended.

FBI DIRECTOR SAYS CHINESE HACKERS ARE 'POISED TO ATTACK' AS INFILTRATIONS REACH 'FEVER PITCH'

The representative accused Wray, Attorney General Merrick Garland, Department of Homeland Security Secretary Alejandro Mayorkas and President Biden of not protecting American citizens, and putting them into a "clear and present danger situation."

"You have been unable to change the policies driven by your leadership," Garcia told Wray, adding he was ineffective at shaping policies that affect national security.

"Can I just get a simple yes or no response," Garcia asked. "Does the border policy make your job easier or harder, or are we safer or less safe as a result of the open border policy?"

Wray responded and said he had been consistent in citing his concerns about the threats along the border, adding he disagreed "very strongly" with a number of aspects of it.

He then asked if he had gone to Biden and pointed out that the "border policy is a galactic stupid policy from a national security perspective," and if so, how it went.

"Well, I’m not going to get into specific conversations with people," Wray said. "I’ve been consistent in my message externally and internally about my concerns about the threats that are from the FBI’s perspective, that emanate from the border."