Morning Digest: Michigan Democrats retake House majority, clearing way for progressive priorities

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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Leading Off

 MI State House: Michigan Democrats successfully defended a pair of vacant state House seats in the Detroit suburbs on Tuesday, restoring the outright majority the party won in 2022. With Democrats, who also hold the governorship and state Senate, back in full control of state government, the party once again has the opportunity to advance its agenda.

In one of Tuesday's specials, Westland City Councilman Peter Herzberg defeated Republican Josh Powell 60-38 in the 25th District, which, according to data from Dave's Redistricting App, backed Joe Biden 59-40 in 2020.

Meanwhile, Macomb County Commissioner Mai Xiong likewise beat Republican Ronald Singer 66-34 in the 13th District, which went for the president 64-35. Xiong's win makes her the first Hmong American elected to the state House.

Both seats became vacant following last November's local elections when a pair of Democrats, Kevin Coleman of Westland and Lori Stone of Warren, resigned after being elected mayor of their respective communities. While there was little question that Democrats would win the special elections, Coleman and Stone's absences meant that the 110-chamber would be tied 54-54 for several months.

Democrat Joe Tate remained speaker during the ensuing time, but his party was unable to pass legislation without Republican support. This state of affairs, however, has changed now that Herzberg and Xiong have prevailed and restored Democrats to a 56-54 edge (they also have a 20-18 advantage in the Senate).

Despite their narrow majorities, Democrats passed an ambitious agenda last year, which included repealing anti-union "right to work" laws, reversing a 1931 abortion ban, and protecting the rights of LGBTQ+ people. Their hopes for the coming year are similarly far-reaching.

One major goal will be the passage of the $80.7 billion state budget that Democratic Gov. Gretchen Whitmer is touting as a way to provide both free preschool and community college. The House will also have the opportunity to approve a voting rights package to improve access to the ballot box for people of color, voters with disabilities, and people who rely on a language other than English.

While the governorship and state Senate aren't up until 2026, Democrats must once again defend their narrow majority in the lower chamber this November. That task got a bit more complicated this year when a panel of federal judges approved a new map for the state House drawn by Michigan's independent redistricting commission to replace one the court determined improperly factored in race.

The partisan impact of this shift was limited, as Donald Trump would have won the same 56-54 majority of districts under both sets of maps. Xiong, though, will likely be in for a considerably tougher contest this fall than she was on Tuesday: While Biden easily carried the version of the 13th District she won this week, the revamped version favored him just 50-48.

Election Recaps

 AL-02: Former Justice Department official Shomari Figures defeated state House Minority Leader Anthony Daniels 61-39 in Tuesday's Democratic primary runoff for Alabama's revamped 2nd District. 

Figures' nomination in this seat, which now takes in Mobile, Montgomery, and the eastern Black Belt, came after the crypto-aligned super PAC Protect Progress spent another $900,000 to support him in the second round of voting. The group previously deployed over $1.7 million to promote Figures ahead of the March 5 primary, which saw him lead Daniels 43-22.

Figures will be favored in the general election against attorney Caroleene Dobson, who won the GOP runoff by beating former state Sen. Dick Brewbaker by a 58-42 margin. The new version of the 2nd, which was put in place by a federal court, is now a plurality Black district that would have backed Joe Biden 56-43.

Republican Rep. Barry Moore last year all but acknowledged his redrawn seat was unwinnable for his party when he decided that, rather than seek reelection to the new 2nd, he'd challenge fellow incumbent Jerry Carl in the dark red 1st. (Moore won 52-48 last month.)

With Democratic Rep. Terri Sewell poised to easily hold the reliably blue 7th District around Birmingham, a win for Figures in November would give Alabama two Black members of Congress for the first time. It would also be the first time that Democrats have held two House seats in Alabama since Republicans secured their current 6-1 advantage following the 2010 red wave.

Figures, who hails from a prominent political family in Mobile, would also be the first African American to represent this Gulf Coast city in Congress since the 1870s. Two of the three Black representatives who held office during Reconstruction, Republicans Benjamin Turner and Jeremiah Haralson, won Mobile-based seats; the third, James Rapier, represented an area around Montgomery and Dothan.

In addition, Figures would be the first Democrat to represent Mobile in the House since the early 1960s, a time when segregationist Democrats still held a monopoly on power in the state. The last Mobile-based Democratic congressman was Frank Boykin, a conservative Dixiecrat who won what was then numbered the 1st District in a 1935 special election.

Boykin's status was threatened, though, after the state lost one of its nine House seats following the 1960 census and the legislature failed to approve a new map in time for the 1962 elections.

All nine members of the House delegation, which had been all-Democratic since the turn of the century, ended up competing in a statewide primary for eight at-large seats, and Boykin was the unlucky incumbent who took last place. (He was convicted on corruption charges the next year, but President Lyndon Johnson later pardoned the former congressman.)

New districts were approved for the 1964 elections, but Republicans had begun making inroads in the state by emphasizing their opposition to civil rights for African Americans. Republican Jack Edwards decisively won the open 1st District around Mobile as the GOP, aided by Barry Goldwater's landslide win over LBJ in Alabama, secured four other House seats. While the GOP lost two of its new members in 1966, it continued to hold the 1st District throughout the ensuing decades.

Alabama's current court-drawn map, however, means that, for the first time since Boykin's era, most voters in Mobile will soon likely have a Democratic congressman. About 90% of the city is located in the new 2nd District, according to data from Dave's Redistricting App, while the balance is contained in the 1st.

And while the GOP's hold on the 1st District, which would have favored Donald Trump 74-24 in 2020, isn't at risk, the new boundaries were bad news for one Mobile-area Republican. Carl, a former member of the Mobile County Commission, lost his March 5 primary to Moore, a colleague whose base is in the more rural Wiregrass region to the east. 

Senate

MD-Sen: A new survey for OpinionWorks shows former Republican Gov. Larry Hogan leading his two prospective Democratic foes, Rep. David Trone and Prince George’s County Executive Angela Alsobrooks, 53-40 and 54-36, respectively. The poll, which was conducted for The Baltimore Sun, FOX45, and the University of Baltimore, did not include presidential numbers in Tuesday's release.

A pair of March polls from Braun Research conducted for two different sets of clients also showed Hogan ahead in general election matchups, though they disagreed just how well he was doing in this dark blue state.

The early March numbers for the Washington Post and the University of Maryland placed the Republican ahead of Trone and Alsobrooks by margins of 49-37 and 50-36, which is similar to what OpinionWorks now finds. But a survey conducted later in the month for Goucher College and the Baltimore Banner showed Hogan edging out Trone just 43-42 and leading Alsobrooks by an only slightly larger 44-40 spread.

OpinionWorks also looks at both parties' May 14 primaries. On the Democratic side, Trone enjoys a 48-29 edge over Alsobrooks, which is larger than what other recent polls have shown. The firm also gives us a rare glance at the GOP side, where Hogan is crushing wealthy perennial candidate Robin Ficker 69-9.

NJ-Sen: A state court judge ruled on Monday that election officials in New Jersey could continue to print ballots for the Republican primary that award special placement to party-endorsed candidates, saying it was "too late" to change course. Previously, a federal judge forbade Democrats from using ballots organized in this way and instead said candidates had to be grouped by the office they're seeking.

However, even though that federal court ruling applied only to Democratic primaries, Superior Court Judge John Harrington suggested that Republicans should have followed suit in eliminating the so-called "county line." The federal case is currently being appealed, and it's possible that the 3rd U.S. Circuit Court of Appeals could extend the lower court's ruling to include the GOP.

NV-Sen: Former diplomat Jeff Gunter is airing his first TV ad against Army veteran Sam Brown ahead of the June 11 Republican primary, though it's anyone's guess how much he's actually spending to get it on the air. Gunter said two weeks ago he'd be deploying a total of $3.3 million on ads for the rest of the contest, but as of Friday, AdImpact reported he'd booked only $654,000.

The new spot accuses Brown of being aided by "dirty cash from Mitch McConnell, the swamp king himself." Brown is the NRSC's endorsed candidate to take on Democratic Sen. Jacky Rosen.

DSCC: The Democratic Senatorial Campaign Committee announced Tuesday that it had reserved a total of $79 million for TV, radio, and digital ads in races across the nation. The news came after its allies at Senate Majority PAC booked what Politico's Burgess Everett says is now $239 million in several battlegrounds.

Everett writes that a large portion of the DSCC's reservation is budgeted toward TV ads in three Democratic-held seats in swing states: $11 million is going to defend Michigan's open seat, while Wisconsin Sen. Tammy Baldwin will receive $10 million in support and Pennsylvania Sen. Bob Casey will benefit from $8 million.

Another $2 million is being devoted to radio buys to help Montana Sen. Jon Tester, but we don't know yet how the remaining $48 million is being assigned. Everett says "seven-figure digital advertisements" will be used in the above states as well as in Arizona, Florida, Nevada, Ohio, and Texas. (Florida and Texas are held by GOP incumbents Rick Scott and Ted Cruz.) An unnamed DSCC aide says some money will also be directed toward coordinated buys with candidates.

Governors

IN-Gov: Campaign finance reports are in for the first quarter of the year, and the Indianapolis Star's Kayla Dwyer has collected the numbers from all the notable Republicans competing in the May 7 primary for governor:

  • Businessman Eric Doden: $4.4 million raised, $251,000 cash on hand
  • Sen. Mike Braun: $2.9 million raised, $946,000 cash on hand
  • Former state Commerce Secretary Brad Chambers: $1.5 million raised, additional $3 million self-funded, $761,000 cash on hand
  • Lt. Gov. Suzanne Crouch: $1.4 million raised, $3.1 million cash on hand
  • Former Attorney General Curtis Hill: $201,000 raised, $34,000 cash on hand

Dwyer notes that Doden received $3 million in donations and loans from his parents, which represents most of the money he brought in. Braun, for his part, took in $1 million from Richard Uihlein, who is one of the most prolific conservative megadonors in the country.

VA-Gov: Democratic Rep. Abigail Spanberger publicized an endorsement on Tuesday from Clean Virginia, a prominent environmental group that the Richmond Times-Dispatch says spent almost $12 million in last year's legislative races.

That effort included several 2023 Democratic primaries where Clean Virginia's candidates opposed contenders supported by Dominion Energy. Clean Virginia helped Lashrecse Aird deny renomination to Dominion's ally, conservative state Sen. Joe Morrissey, while it was on the winning side against two other upper chamber candidates backed by the mammoth energy producer. Dominion, though, successfully defended two Democratic state senators against Clean Virginia-supported challengers.  

Spanberger faces Richmond Mayor Levar Stoney in next year's Democratic nomination contest to replace GOP Gov. Glenn Youngkin, who is barred from seeking a second consecutive term. Spanberger ended 2023 with a wide $3.6 million to $758,000 cash on hand advantage, but since fundraising reports covering the first six months of the year won't be available until July 15, we'll need to wait a while for updated numbers.

House

CO-05: State Sen. Bob Gardner said over the weekend that election officials informed him that he'd failed to submit enough signatures to make the June 25 Republican primary ballot. Gardner, who is termed out of his current job, acknowledged his congressional campaign was over to Colorado Politics. "I've always believed there's more to life than the next political office," he said, "so there's many opportunities to serve."

Gardner's involuntary departure makes the primary to replace retiring GOP Rep. Doug Lamborn a two-way duel between state party chair Dave Williams, who has Donald Trump's backing, and conservative radio host Jeff Crank, who has Speaker Mike Johnson in his corner. Crank decisively outraised Williams $302,000 to $68,000 among donors during the first quarter of the year, though Williams self-funded an additional $103,000. Crank finished March with a $228,000 to $166,000 cash advantage.

Both candidates have an unhappy electoral history with Lamborn, who has not taken sides. Crank narrowly lost to Lamborn the last time this seat was open in 2006 and unsuccessfully sought to boot him two years later, while Williams waged a failed challenge to Lamborn last cycle. The GOP nominee will be favored in the general election for the 5th District, a Colorado Springs-based seat that favored Trump 53-43 in 2020.

PA-01: A new group called True Patriots PA, which Politico says has ties to Democrats, has spent at least $50,000 on mailers attacking GOP Rep. Brian Fitzpatrick in the hopes that his far-right primary opponent somehow unseats him. One flyer accuses the incumbent of becoming "best friends with Kamala Harris and the Democrats," while another calls him "the biggest RINO in Congress."

Politico reports the treasurer of True Patriots also works for Democratic Rep. Eric Swalwell of California, a prominent progressive. Democrats would be thrilled if anti-abortion activist Mark Houck denied renomination to Fitzpatrick in this competitive suburban Philadelphia seat, but there's not much sign that the congressman is in danger against the underfunded challenger.

Fitzpatrick did air commercials on streaming TV last month branding Houck as a "porn addict," but Inside Elections reported at the time that the congressman was spending just $23,000 on those ads. The winner will take on retired Army pilot Ashley Ehasz, a Democrat who is hoping to avenge her 55-45 loss against Fitzpatrick from last cycle.

SC-01: The conservative super PAC Winning for Women has launched what Inside Elections' Jacob Rubashkin says is at least a $161,000 TV buy to promote former state cabinet official Catherine Templeton in the June 11 GOP primary. The spot, which does not mention Trump-backed incumbent Nancy Mace, declares that Templeton "will stand with President Trump's border policies."

The Washington Post's Patrick Svitek notes that Winning for Women supported Mace in 2022 when she successfully fended off a primary opponent who was endorsed by Trump, and it initially backed her again in May of last year. But while Mace responded by tweeting out her "[e]normous gratitude," the two sides appear to have had a falling out sometime after the congresswoman joined with seven other House Republicans to end Kevin McCarthy's speakership.

"They’re doing this all because the former Speaker is a mean girl on a revenge tour against the only woman who voted against him for Speaker," a Mace spokesperson said in a statement about the congresswoman's erstwhile allies. "And this time he’s hiding behind the skirts of W4W."

Prosecutors & Sheriffs

Alameda County, CA District Attorney: County election officials announced Monday evening that the campaign to recall Alameda County District Attorney Pamela Price had turned in enough signatures to force a vote.

It will be up to the Board of Supervisors, which is set to meet on April 30, to decide when the election will take place. Recall expert Joshua Spivak identifies both the timing of the race, as well as the question of whether or not a replacement would be elected on the same ballot, as some of the "areas for potential lawsuits."

Price was elected in 2022 as district attorney for this dark blue East Bay county, which is home to Oakland and Berkeley, by campaigning as a criminal justice reformer. Her critics, though, quickly began arguing that she'd done a poor job combating violent crime. Price’s team, meanwhile, said last month that her ouster would "undermine the results of a free and fair election" and "jeopardize the historic progress achieved in recent years."

Hillsborough County, FL State Attorney: Democrat Andrew Warren announced Tuesday that he would run this fall to reclaim the prosecutor's office in Hillsborough County that Republican Gov. Ron DeSantis permanently suspended him from in 2022.

Warren is seeking to oust Republican Suzy Lopez, whom DeSantis appointed to replace him, in a county that includes Tampa and many of its suburbs. First, though, he needs to get past attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family, in the Aug. 20 Democratic primary.

Warren won his second term 53-47 in 2020 as Joe Biden was carrying Hillsborough by a similar spread. However, his tenure came to a sudden end two years later when DeSantis removed him from office for, among other things, refusing to prosecute people who obtain or provide abortions.

Warren initially had little success in court challenging his dismissal and announced in January that he'd decided not to run again because there was a "high risk" that the governor would respond to his victory by removing him again.

However, he unexpectedly got some welcome news just two days later when a federal appeals court determined that a lower court judge had incorrectly concluded that several of the factors that had "motivated DeSantis to suspend Warren"—such as Warren's opposition to prosecuting individuals who obtain or provide abortions—were not protected by the First Amendment. The move did not guarantee Warren's reinstatement, but the Democrat quickly acknowledged he was reconsidering his plans not to run.

There have been no major developments since then, and the Tampa Bay Times says the case hasn't even been formally returned to the lower court yet. Still, Warren told the Times on Tuesday that the appeals court's decision "makes clear that the governor is not above the law and that the will of the people matters."

Strauss, for her part, told the paper that, while she believes Warren was unfairly ousted, his legal situation makes him "a risky candidate." She added that she'd remain in the race unless the courts act on his case before the April 26 candidate filing deadline.

Poll Pile

  • TX-Sen: Texas Hispanic Policy Foundation: Ted Cruz (R-inc): 46, Colin Allred (D): 41, Ted Brown (L): 4 (48-36 Trump in two-way, 46-34 Trump with third-party candidates)

Ad Roundup

Campaign Action

GOP senator eyes legislation to defund ‘propagandist’ NPR after suspension of whistleblower

FIRST ON FOX: Sen. Marsha Blackburn, R-Tenn., is planning to propose new legislative action that would threaten to cut National Public Radio's (NPR) federal funding if passed, prompted by the news that it suspended an editor who went viral for exposing the outlet's partisan uniformity in its newsroom.

The Tennessee Republican is weighing a variety of legislative options to take on federal funding that goes to the Corporation for Public Broadcasting (CPB), which provides funding to NPR in the form of grants. She is specifically looking to prevent NPR from benefiting from public funds, due to what her office characterized as left-wing bias. 

"The mainstream media has become obsessed with doing the Left’s bidding and taking down strong conservatives — and NPR has led the pack," Blackburn said in a statement to Fox News Digital. "It makes no sense that the American people are forced to fund a propagandist left-wing outlet that refuses to represent the voices of half the country. NPR should not receive our tax dollars’."

NPR SUSPENDS VETERAN EDITOR WHO BLEW WHISTLE ON LIBERAL BIAS AT ORGANIZATION

Blackburn previously looked to sever the government's funding to NPR in 2011 when she was serving in the House of Representatives. At the time, the Republican-controlled House passed a measure that sought to cut $50 million from CPB.

"The time has come for us to claw back this money," Blackburn reportedly said at the time.

CPB is "fully funded by the federal government," per the nonprofit's website. The organization provides funding in the form of grants to both NPR and the Public Broadcasting Service (PBS). The grants to NPR are used for its international bureaus and distribution infrastructure that provides content to all public radio stations. 

NPR veteran editor Uri Berliner was recently suspended without pay from NPR following his public criticism of his employer. The suspension was made public on Tuesday but began last Friday, according to NPR media reporter David Folkenflik. The organization reportedly told Berliner on Thursday that his punishment was a final warning, and that if he violated NPR's policy on employees seeking approval to do work for other news outlet, he would be fired.

HOUSE DELIVERS MAYORKAS IMPEACHMENT ARTICLES TO SCHUMER, SETTING UP TRIAL PROCEEDINGS

"I love NPR and feel it's a national trust," Berliner said in an interview with Folkenflik. "We have great journalists here. If they shed their opinions and did the great journalism they're capable of, this would be a much more interesting and fulfilling organization for our listeners."

The senior NPR business editor said he made several attempts to relay his concerns before choosing to publish an essay in the Free Press, but they weren't heard by the organization's leadership.

SENATE DEMS REVEAL MASSIVE $79M AD SPEND TO PROTECT MAJORITY AHEAD OF KEY MATCHUPS

In Berliner's scathing review of his employer's ideological homogeneity, he revealed that there were "87 registered Democrats working in editorial positions" at the Washington, D.C., headquarters "and zero Republicans. None."

He said that such a lack of viewpoint diversity seeped into the outlet's coverage, criticizing NPR's approach to a variety of prominent stories over the years, including allegations that former President Trump colluded with Russia in the 2016 election, the laptop belonging to President Biden's son, Hunter Biden, and the theory that COVID-19 was triggered by a lab leak in China.

A spokesperson for Rep. Ronny Jackson, R-Texas, said that he is also trying to advance legislation in the House to defund NPR that he has introduced on multiple occasions, including the current Congress.

Jackson is actively seeking more co-sponsors for his bill and is pushing House leadership to consider it in the wake of recent events.

Rep. Andy Ogles, R-Tenn., similarly told Fox News Digital in a statement, "I think Congress should exercise oversight of NPR, especially in light of the recent whistleblower’s allegations and subsequent suspension."

"Taxpayers fund NPR, and it should be a source that provides a truly neutral and balanced perspective," he said. "That can only be achieved through a politically diverse staff, otherwise, it is nothing more than a propaganda machine for the Democrat party."

"Sen. Cassidy was clear that Congress should end public funding for NPR," a spokesperson for Sen. Bill Cassidy, R-La., said in a statement. "Our office is exploring options to do so." 

NPR did not provide comment in time for publication.

ICYMI: House GOP wants to set your fridge free, Kevin McCarthy obsesses about his legacy

Trump targets one of last two pro-impeachment House Republicans

No one holds grudges like Trump.

New York Times destroys its own spin that Biden's losing Latino voters

It's a miracle: New York Times concedes it was wrong.

Maine joins interstate alliance to elect president by popular vote

Republicans hate it so it’s got to be good.

Cartoon: Trump on Trial

#NeverForget

Trump in court, Biden in the Oval Office: A tale of two candidates

One is trying to avoid prison, and one is, well, being president.

Other democracies prosecute their ex-leaders. Trump should be no exception

If France, Israel, and South Korea can do it, it can’t be that hard.

Kevin McCarthy's trying to create a legacy, but he can’t give up Trump

The former GOP House speaker is trying to paint himself as an elder statesman when he got fired from his last job.

House postpones 'Appliance Week' to focus on things that actually matter

Guess they’ll have to wait to pass the Refrigerator Freedom Act another time. Yes, you read that right.

Truth Social’s value plummets again, but Trump is likely unbothered

The number of grifts this man runs is truly astounding.

The walls are closing in on GOP House Speaker Mike Johnson

It’s time for Johnson to stop the nonsense and get something done.

Click here to see more cartoons.

Campaign Action

Fox News Politics: Unbiased juror quest

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's happening? 

- White House says Biden will not testify in Hunter's business investigations

- Fetterman calls out anti-Israeli agitators in profanity-laced social media post

- Soros nonprofit becomes huge spender in 2024 election

The second day of jury selection in former President Trump’s Manhattan criminal trial saw a similar dynamic play out: Many New Yorkers don't think they can be impartial when it comes to the presumptive Republican nominee. 

More than 50 of the original 96 prospective jurors were excused Monday, some of them admitting they could not serve as impartial jurors. Several were excused due to other issues.

On Tuesday, several more were dismissed from the pool of nearly 100. Some said that after further consideration, they simply did not think they could be impartial towards the divisive former president.

Nevertheless, six jurors were sworn in by late Tuesday afternoon — one half of the 12 needed. The court will also select a handful of alternate jurors.

One of the jurors excused (for scheduling reasons) told reporters outside the courtroom that though she was not a fan of Trump, she believed she could have been impartial in the trial. "Everyone was really taking it upon themselves to step in and do civic duty here, regardless of what people came into it thinking about the defendant," the excused juror said.

NOT CONVINCED: Only 35% of US adults think Trump broke the law in NY hush money case, poll finds …Read more

JAIL TIME THREAT: Prosecutor wants to hold Trump in contempt for alleged gag order violations, threatens 30 days of jail time …Read more

'TRUMP-HATING': Trump kicks off second day of hush money trial railing against 'conflicted' judge …Read more

TRAIL TO A TRIAL: House delivers impeachment articles against Biden official to Senate ...Read more

'NO IMPAIRMENT': AG Garland pressed on Hur report …Read more

BIDEN STAYING SILENT: White House says president will not testify regarding ties to Hunter's businesses, deems impeachment probe 'over' …Read more

'POSITIVE DEVELOPMENT': Biden touted niece's China role in revealing Obama-era speech that could haunt re-election …Read more

'UTOPIAN FANTASY': Biden adviser's 6-month-old claim comes back to haunt him after Iran attacks Israel …Read more

WORLD WAR: Johnson likely forced to see Dem help amid GOP rebellion over border …Read more

CHOICE WORDS: Democrat Fetterman calls out anti-Israel agitators in profanity-laced social media post …Read more

HOLY WAR: Speaker Johnson says it’s U.S.’s ‘biblical admonition’ to help Israel …Read more

ABORTION REPORTS: New bill from Tommy Tuberville that would require quarterly reporting from the VA on abortions …Read more

PROTECTING BATTLEGROUNDS: Senate Dems reveal $79M ad plan ahead of pivotal battleground match ups …Read more

BIG BUCKS: Soros nonprofit drops eye-popping amount of cash into 2024 election cycle …Read more

ON THE ROAD AGAIN: Biden returns to campaign trail as Trump forced to remain in court for second day of New York hush money trial …Read more

Subscribe now to get Fox News Politics newsletter in your inbox.

Get the latest updates from the 2024 campaign trail, exclusive interviews and more on FoxNews.com.

Trial for ex-FBI informant accused of fabricating Biden bribery story delayed until after 2024 election

The trial for Alexander Smirnov, the ex-FBI informant who has been charged with making false statements related to Joe Biden and Hunter Biden's business ties in Ukraine, has been delayed until early December, just weeks after the 2024 presidential election.

Smirnov's trial had been scheduled to begin in Los Angeles April 23, but special counsel David Weiss and Smirnov's defense attorneys filed a joint stipulation motion last week requesting additional time to prepare for the trial. 

Smirnov's attorneys said a failure to grant the time would "deny them reasonable time necessary for effective preparation, taking into account the exercise of due diligence." 

The motion also pointed to additional time necessary to bring classified material into discovery, noting they would have to go through the Classified Procedures Act.

FBI INFORMANT CHARGED WITH GIVING FALSE INFORMATION ABOUT HUNTER BIDEN IN 2020

U.S. District Judge Otis Wright, who is presiding over the trial, granted the request. 

Smirnov's trial is now scheduled to begin Dec. 3 at 9:30 a.m. 

Weiss charged Smirnov, 43, in February after he alleged Joe Biden and Hunter Biden were paid millions in exchange for their help in firing a Ukrainian prosecutor who was at the time investigating the Ukrainian energy firm Burisma Holdings. Hunter Biden sat on the board of that company when Shokin was removed from his post. 

JUDGE RULES NO BAIL RELEASE FOR FBI INFORMANT ACCUSED OF LYING ABOUT BIDEN BUSINESS TIES

Prosecutors have accused Smirnov of peddling lies "that could impact U.S. elections," highlighting his alleged lies about a supposed multimillion-dollar bribery scheme involving the Bidens and Burisma Holdings. 

Prosecutors say Smirnov falsely told his handler that Burisma executives paid Vice President Joe Biden and his son Hunter $5 million each around 2015. 

Smirnov pleaded not guilty to making a false statement. He is being held without bail after a judge denied his request for release.

Wright ordered that Smirnov remain in detention ahead of his trial in April, concurring with prosecutors who argued he presented a high flight risk. It is unclear whether Smirnov will remain in detention until December. 

Smirnov, a now-ex-FBI informant, had been described by the FBI as a "highly credible" confidential human source and worked for the bureau for years, dating back to the Obama administration. Smirnov, through his work for the FBI, had been paid "six figures," the FBI told lawmakers. 

The FBI also told lawmakers that information Smirnov brought to the bureau was "used in criminal investigations and prosecutions." 

Top DOJ officials also testified that Smirnov "was vetted against sources of Russian disinformation" and they found that information regarding the Bidens was "not sourced from Russian disinformation." 

SENATORS DEMAND FBI AGENTS TESTIFY ABOUT 'HIGHLY CREDIBLE' SOURCE WHO ALLEGEDLY MADE UP BIDEN BRIBERY SCHEME

But according to the indictment, Smirnov gave "false derogatory information" to the FBI despite "repeated admonishments that he must provide truthful information and that he must not fabricate evidence." 

The indictment says Smirnov told an FBI agent in March 2017 that he had a phone call with Burisma’s owner concerning the firm potentially acquiring a U.S. company and making an initial public offering (IPO) on a U.S-based stock exchange. 

In reporting this conversation to the FBI agent, Smirnov said Hunter Biden was a board member of Burisma, though this was publicly known. 

Smirnov is accused of having told the FBI for the first time In June 2020 about two meetings he had four to five years earlier, where executives associated with Burisma supposedly admitted they hired Hunter Biden to "protect us, through his dad, from all kinds of problems." 

During this meeting, the indictment alleges, Smirnov said the executives paid $5 million to each of the Bidens while Joe Biden was still in office. The indictment alleges Smirnov falsely claimed the Bidens were paid so that Hunter Biden, with his dad’s help, could take care of a criminal investigation being conducted by then-Ukrainian Prosecutor General Viktor Shokin into Burisma. 

BIDENS ALLEGEDLY 'COERCED' BURISMA CEO TO PAY THEM MILLIONS TO HELP GET UKRAINE PROSECUTOR FIRED: FBI FORM

The indictment alleges this information given by Smirnov in June 2020 was a fabrication. Prosecutors say Smirnov did have contact with Burisma executives in 2017, but when Joe Biden was out of public office and had no ability to influence U.S. policy and after the Ukrainian Prosecutor General had been fired in February 2016. 

The indictment alleges Smirnov transformed his "routine and unextraordinary" business contacts with Burisma in 2017 and later bribery allegations against Joe Biden after expressing bias against him and his presidential candidacy. 

Smirnov is accused of repeating some of his false claims during an interview with FBI agents in September 2023, while changing other bits of information and promoting a new false narrative after claiming to have met with Russian officials. 

If convicted, Smirnov faces a maximum of 25 years in prison.   

House Oversight Committee Chairman James Comer and GOP Sen. Chuck Grassley were approached by a whistleblower last summer who alleged the FBI was in possession of a document — an FD-1023 form, dated June 30, 2020 — which explicitly detailed information provided by a confidential source alleging Biden, while serving as vice president, was involved in a multimillion-dollar scheme with a foreign national in exchange for influence over policy decisions.

The source told Fox News Digital the confidential source was used by the FBI for "at least several years," dating back to the Obama administration, before the FD-1023 form, and was "found to be highly credible" by the FBI. 

House Republicans demanded the FBI turn over the document, but FBI Director Christopher Wray refused a request from Comer and Grassley last summer for the public release of the form because the bureau "claimed it would jeopardize the safety of a confidential human source who they claimed was invaluable to the FBI." 

Wray was at risk of being held in contempt of Congress and eventually brought the FD-1023 form to Capitol Hill for House lawmakers to review in a secure location. 

Fox News Digital first reported on the contents of the document. 

An FD-1023 form is used by FBI agents to record unverified reporting from confidential human sources. The form is used to document information as told to an FBI agent, but recording that information does not validate or weigh it against other information known by the FBI. 

Comer said the FBI's FD-1023 form is not being used in the impeachment inquiry against the president. 

Marjorie Taylor Greene makes a mess of House GOP’s big impeachment day

The ill-fated impeachment trial of Homeland Security Secretary Alejandro Mayorkas was finally supposed to take center stage for House Republicans this week after Speaker Mike Johnson pulled it last week. The House impeachment managers presented the articles to the Senate Tuesday afternoon, in what’s supposed to be a solemn and grave proceeding—impeachment is as serious as it gets in Congress. 

Mayorkas’ impeachment is supposed to demonstrate the House GOP’s resolve on immigration and border policy and prove that it can actually get something done, but the antics of extremist Reps. Marjorie Taylor Greene and Thomas Massie have completely overshadowed it. House Republicans brought the impeachment to the Senate, and no one gave a damn.

Instead, the blockbuster news of the day is Massie joining with Greene on her threat to oust Johnson, making the impeachment attempt even more of a ridiculous sideshow. It’s also hilarious that it’s Greene—who spearheaded the sham impeachment to begin with—who is derailing it.

If Johnson is capable of learning, this should be a lesson to him about trying to appease the hard-right faction of his party. Greene not only filed this embarrassing motion to impeach, but she’s also on the impeachment managers team. Letting her loose on the Senate floor during what’s supposed to be a serious moment is a dangerous move.

Greene gave a preview of her possible antics during a DHS budget hearing Tuesday morning.

“I demand that Chuck Schumer holds your impeachment trial in the Senate, because that’s exactly what we should be focused on right now,” Greene told Mayorkas. Sure, Marge. Sure. 

Greene’s demand means squat to Senate Majority Leader Chuck Schumer.

“Impeachment should never be used to settle a policy disagreement, Schumer said. “Talk about awful precedents. This would set an awful precedent for Congress."

The Senate is not going to convict Mayorkas, as even some Republicans think it’s bullshit. But senators are still obligated to take time out of a hectic week to deal with the charade. They have to spend time Tuesday receiving the articles, and then they will have to waste a chunk of Wednesday being sworn in as jurors, even though the impeachment push is going nowhere. 

The whole spectacle is just one more example of House Republicans’ ineptitude and what happens when they let the likes of Greene run the show.

Donate now to end this circus, and to take the House back from Republicans!

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Sen Hawley calls on Energy Secretary Granholm to resign in heated exchange over stock trades

Sen. Josh Hawley, R-Mo., called on Energy Secretary Jennifer Granholm to resign Tuesday following a heated exchange over her past financial transactions.

Hawley's tense back-and-forth with Granholm came during a Senate Energy and Natural Resources Committee hearing held to review the Department of Energy's (DOE) 2025 budget request. The Missouri Republican excoriated the energy secretary for violating the STOCK Act and for continuing to own shares of individual companies last year despite testifying that she did not own any individual stock.

"It is outrageous that you misled us. It is outrageous that you are continuing to mislead us," Hawley remarked. "This has got to change. And, frankly, you should go."

Early in her tenure leading the Department of Energy, it was revealed that Granholm violated the STOCK Act nine times by failing to disclose $240,000 worth of stock sales within the legally-mandated time frame.

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And separately, in a June 2023 letter to Energy and Natural Resource Committee leadership, Granholm said she owned shares of six unnamed individual companies worth up to $120,000 and that her husband owned $2,457.89 worth of shares in Ford Motor Co. at the time of her under-oath testimony before the panel months prior.

During the April 20, 2023, hearing, Granholm told Hawley that she was "not owning individual stocks." After discovering her and her husband's ownership of stock, Granholm sold her husband's Ford shares on May 15, 2023, and sold her remaining individual stock holdings days later, according to her letter.

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"You neglected to report it to this committee for months afterwards," Hawley asked Granholm during the hearing Tuesday. "Why did you mislead this committee?"

"Oh, my goodness," Granholm responded. "I believed that I had sold all individual stocks, and I was incorrect. So, I came back as soon as I found out that, in fact, I had not sold all individual stocks."

Hawley then interrupted her, saying she had waited a month before informing the committee of the transactions.

"I did not hide it because I brought it forth to the committee when I realized that we had made a mistake," Granholm added.

In addition, the GOP lawmaker blasted Granholm for allowing agency employees to own individual stocks. Last year, the Wall Street Journal reported that hundreds of senior DOE officials owned stocks related to the agency's work, a potential conflict-of-interest violation.

He said that senior DOE officials owning stocks reveals the "institutionalized corruption in the Department of Energy."

Granholm responded by saying officials strictly own stocks in companies in areas they do not have any influence over. She also said the agency has a strong ethics office that reviews relevant transactions.