Georgia Judge blocks provision prohibiting the distribution of water at voting polls

A federal judge in Georgia temporarily blocked a provision in the state's voting law barring people from giving food and water to voters waiting in line to vote on election day, and stopped a requirement that voters include their date of birth on their absentee ballots.

U.S. District Judge J.P. Boulee is still allowing the enforcement of penalties against people who provide food and water to voters waiting in line if they are within 150 feet of the building where voting is taking place. But the judge paused enforcement of the ban in other areas within 25 feet of a voter standing in line.

"Central to this conclusion was the fact that, unlike the Buffer Zone’s reasonable 150-foot radius, the Supplemental Zone has no boundary," he wrote. "S.B. 202 prohibits organizations (such as Plaintiffs) from engaging in line relief activities in the Supplemental Zone, i.e., if they are within twenty-five feet of a voter—even if the organizations are outside the 150-foot Buffer Zone."

Boulee also blocked a part of the law requiring voters to provide their date of birth on the outer envelopes of absentee ballots. He wrote that the state "did not present any evidence that absentee ballots rejected for failure to comply with the Birthdate Requirement were fraudulent ballots."

GEORGIA EARLY VOTING SETS ALL-TIME RECORD FOR MIDTERM ELECTION DESPITE CLAIMS OF VOTER SUPPRESSION

But the judge rejected the groups' claims that certain restrictions imposed by the law deny voters with disabilities meaningful access to absentee voting.

The Election Integrity Act was passed by state lawmakers and signed into law by GOP Gov. Brian Kemp in the spring of 2021. Other provisions in the law include requiring identification to vote, extending the early voting period and ensuring a ballot drop box will be available in every county.

The controversial election law seeking to strengthen voting rules came shortly after the 2020 election and prompted criticism from Democrats and large corporations, including Major League Baseball and Coca-Cola. The MLB moved its 2021 All-Star Game from Atlanta to Denver in response to the election law.

Critics of the law, including President Biden and twice-failed Georgia gubernatorial candidate Stacey Abrams, claimed it would restrict voting access, particularly for people of color. But Georgia saw record turnout in the primary and general elections in 2022, leading Republicans to argue the criticism was not justified.

Several civil rights and voting rights groups filed a lawsuit challenging the law.

DESANTIS MEETS WITH KEMP AMID TRUMP CASE, IMPEACHMENT CALLS AGAINST FANI WILLIS

Both sides declared victory after Boulee's mixed ruling on Friday.

NAACP Legal Defense Fund assistant counsel John Cusick said in a statement that the decisions "are important wins for our democracy and protecting access to the ballot box in Georgia."

Georgia Secretary of State Brad Raffensperger said the Peach State "continues to have one of the most secure and accessible voting systems in the country for all voters, including voters with disabilities." 

"I am glad that the court upheld Georgia's common sense rules banning ballot harvesting and securing absentee ballot drop boxes," he said in a news release. "Georgia's voting system is accessible to all voters, with multiple options for voters to choose how they want to exercise their right to vote."

A ruling on Texas' election law, which is similar to the one in Georgia, was also handed down Friday from a federal judge.

U.S. District Judge Xavier Rodriguez struck down a provision of Texas' law requiring mail voters to provide the same identification number they used when they registered to vote. He ruled the requirement violated the U.S. Civil Rights Act because it prevented people from being able to cast ballots over an issue irrelevant to whether they are registered.

The provision led to skyrocketing mail ballot rejections in the first election after the law was passed in September 2021, and the U.S. Department of Justice challenged the provision.

"This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy," Assistant Attorney General Kristen Clarke said in a statement after the ruling.

Several election integrity bills have passed in GOP-controlled states since 2020 after the election that year.

The Associated Press contributed to this report.

DeSantis meets with Kemp amid Trump case, impeachment calls against Fani Willis

Florida Gov. Ron DeSantis met with the governor of Georgia this week for a brief, private conversation. 

DeSantis, a candidate for the Republicans' 2024 presidential ticket, met with Governor Brian Kemp at a hotel in Buckhead, Georgia, on Friday.

The Florida governor was in the area for an appearance alongside other presidential candidates on radio host Erick Erickson's talk show.

GOV. BRIAN KEMP HASN'T RECEIVED 'ANY EVIDENCE' STATE SEN. MOORE HAS MAJORITY NECESSARY FOR WILLIS IMPEACHMENT

The two governors did not discuss endorsements, two sources with knowledge of the matter told Politico.

Fox News Digital reached out to DeSantis's and Kemp's offices for comment on the private meeting.

Kemp additionally spoke Friday with former Vice President Mike Pence, who is also running for the Republican nomination.

Kemp is doing his best to stay out of his state's ongoing racketeering case against former President Donald Trump.

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Fulton County District Attorney Fani Willis held a press conference late Monday after a Fulton County grand jury handed up charges against the former president and numerous others.

The Georgia district attorney gave Trump and the other 18 individuals charged in the indictment until noon on August 25 to surrender to law enforcement.

Willis said during the press conference that she would like a trial to take place within six months.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

Moore, in a statement to Fox News Digital, clarified that the statement in the letter alluding to having a majority in both houses was not accurate.

"Tell Brian Kemp and his team to turn off CNN and open their eyes. I've done 25 TV, radio and podcast interviews with one identical message: I need 3/5 of my colleagues to sign the letter," Moore told Fox News Digital. "The people of Georgia want action, not more empty promises from fluff politicians."

Gov. Brian Kemp hasn’t received ‘any evidence’ state Sen. Moore has majority necessary for Willis impeachment

FIRST ON FOX: Georgia Gov. Brian Kemp's office says the state senator seeking to impeach the prosecutor handling the Georgia case against former President Donald Trump has not provided evidence that he has the necessary support to call a special session.

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Moore is moving to impeach Fulton County District Attorney Fani Willis over the charges brought against former President Trump.

"As a Georgia State Senator, I am officially calling for an emergency session to review the actions of Fani Willis," Moore said on social media Thursday. "America is under attack. I’m not going to sit back and watch as radical left prosecutors politically TARGET political opponents."

"We, the undersigned, being duly elected members of the Georgia House of Representatives and Georgia Senate, and comprising 3/5 of each respective house, pursuant to Article IV, Section II, Paragraph VII(b), hereby certify to you, in writing, with a copy to the Secretary of State, that in our opinion an emergency exists in the affairs of the state, requiring a special session to be convened under that section, for all purposes, to include, without limitation, the review and response to the actions of Fani Willis," Moore wrote in his letter to the governor the same day.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

Regarding further questions on the state senator's bid to impeach Willis, Kemp's office said it could not comment due to the governor's involvement in the case.

"Given the governor was subpoenaed in this case in November of 2022, our office will not be commenting further," he added.

Kemp's office directed Fox News Digital to comments made by one of Kemp's senior advisors, Cody Hall.

"Where have I heard special session, changing decades-old law, and overturning constitutional precedent before?" Hall asked in an interview with the Atlanta Journal-Constitution. "Oh right, prior to Republicans losing two Senate runoffs in January of 2021."

"What are people hoping to learn in the second kick of the election-losing mule?" Hall continued.

Fox News Digital reached out to state Sen. Colton Moore's office for clarification on his claim regarding the 3/5 majority in the state houses, but did not hear back in time for publication.

White House counsel departing as House Republican investigations heat up

The White House has announced its top lawyer will leave next month after nearly three years of serving President Biden as House Republicans continue to investigate the president and his family.

Stuart Delery first joined Biden’s transition team in November 2020 before serving as deputy counsel. He was promoted to the top job in 2022 after Biden’s first counsel, Dana Remus, left the White House.

In a statement Thursday announcing the departure, Biden called Delery a "trusted adviser and a constant source of innovative legal thinking since Day One of my Administration."

The president added, "From his work during those early days on COVID-19 and efforts to get life-saving vaccines to the American public to the implementation of major legislative accomplishments such as the American Rescue Plan, the Bipartisan Infrastructure Law, and the Inflation Reduction Act, he has been an integral part of my team and will be missed throughout the Administration."

WHITE HOUSE IGNORES REPUBLICANS DEMANDING ANSWERS ON BIDEN'S KNOWLEDGE OF HUNTER BIDEN'S BUSINESS DEALINGS

Biden also thanked Stuart and his family for his service.

The White House did not announce who would be replacing him as counsel.

Delery’s departure comes as House Republicans have launched multiple investigations into Biden’s son Hunter and the origins of COVID-19. Other Republican lawmakers are pushing to impeach the president — a proposal that lacks mainstream support.

ELISE STEFANIK BACKS BIDEN IMPEACHMENT INQUIRY: 'OH, ABSOLUTELY'

In addition to these inquiries, Attorney General Merrick Garland named a special counsel to investigate the presence of classified documents that were found in Biden’s possession at two different locations, including the garage at his Delaware home and his former Washington, D.C., office.

Biden’s personal lawyer, Bob Bauer, is handling the classified documents matter, while the White House has about two dozen aides working on the other investigations.

HUNTER BIDEN CONTRADICTS DAD'S CLAIM NOBODY IN FAMILY 'MADE MONEY FROM CHINA'

The departure also comes as White House Chief of Staff Jeff Zients asked Cabinet members and senior officials to decide by the end of the summer whether they would remain in their position through 2024 and the election cycle.

An unidentified White House official told The Associated Press that Delery’s departure had been in the works for a while.

Delery was the top adviser who helped Biden craft his student loan handout executive order last year that was ultimately struck down by the Supreme Court.

The White House unsuccessfully argued the COVID-19 pandemic qualified as an emergency that gave the education secretary the legal authority to "waive or modify any statutory or regulatory provision," such as student loan debt.

The nation’s highest court ruled in a 6-3 decision that the administration overstepped its constitutional authority with the proposal.

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While serving as deputy counsel, before being the chief White House lawyer, Delery played a critical role in advising Biden’s $1.9 trillion American Rescue Plan and the $1 trillion infrastructure bill.

Delery also played a key role in helping the administration put new rules at the U.S.-Mexico border, designed to stop migrants from crossing illegally.

The Associated Press contributed to this report.

Could Trump pardon himself if convicted of Georgia charges? Experts weigh in

Former President Trump was indicted earlier this week on 13 felony counts in Georgia in connection with an alleged attempt to overturn the results of the 2020 election. Legal experts told Fox News Digital that Trump cannot pardon himself in this case, but the process of actually incarcerating him is a complicated one.

"The president…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment," Article II, Section 2, Clause 1 of the Constitution reads which John Malcolm, vice president for the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital likely prevents Trump from pardoning himself in Georgia.

"It seems to be pretty clear that he has plenary authority to pardon people for federal crimes, but not for state crimes," Malcolm explained. 

Prominent legal scholars, including George Washington University’s Jonathan Turley and former federal prosecutor Andy McCarthy have made similar arguments to Malcolm's and said that Trump cannot pardon himself in Georgia while others, including political commentator and attorney Mark Levin, have made the case that he can. 

GEORGIA COURT CLERK ADMITS 'MISHAP' BEHIND 'FICTITIOUS' TRUMP INDICTMENT: 'I AM HUMAN'

Levin argues that the Constitution is silent on whether a president can even be indicted and believes the Constitution's Supremacy Clause holds that Trump's federal authority takes precedence over state laws. Additionally, Levin says the Department of Justice's position that a sitting president cannot be indicted on federal crimes because it would "cripple the executive branch" would also hold true for state crimes and indictments from local DAs. 

Clark Neily, senior vice president for legal studies at the Cato Institute, told Fox News Digital that he does not envision a scenario where Trump could pardon himself on state crimes.

"I could see a court delay a proceeding, perhaps even delaying the imposition of a sentence to avoid having a sitting president simultaneously involved in criminal litigation or serving a sentence," Neily told Fox News Digital. "I think that's conceivable. But I just don't really think it's plausible that a court would find that the president of the United States has some unwritten power to pardon himself from state crimes and just make those prosecutions go away entirely."

Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, also told Fox News Digital that Trump cannot pardon himself on state charges and could potentially self-pardon on federal charges in Washington, D.C., and Florida, but that "would be an abuse of power that’s potentially impeachable."

In Georgia, the Republican governor does not have the power to grant clemency. Instead, the five-member board of pardons and paroles, made up of individuals appointed by the governor, holds that power. 

TRUMP SAYS GEORGIA INDICTMENT COMES DURING 'DARK PERIOD' FOR US, VOWS TO FIX IT BY WINNING

Despite the belief that Trump cannot pardon himself from state charges, Malcolm said that if elected president, Trump would be unlikely to see a jail cell at least until he is out of office.

"A president has to be able to carry out the duties of being president of the United States so I think if a president were convicted and incarcerated, I think that a very strong argument can be made that the state could not interfere with his ability to serve as president, and you can't serve as president from a jail cell," Malcolm said.

"Similarly, I think that if there were a state court indictment pending against the president, that indictment would have to be held in abeyance for the entire time that the president served in office, and then it could be taken up again if anyone was so inclined to do it after he or she leaves office."

Neily, who made the point that the legal theories surrounding these arguments are uncharted waters, told Fox News Digital it is hard to envision a scenario where Trump sees any time in state prison for the charges either during his time in office or after and believes the sentence could be commuted by the state or made into a house arrest situation. 

"I think there's a pretty good chance that a court would try to find some way to avoid a situation where a state was either actively prosecuting or incarcerating the president," Neily said.

"I don't see him being incarcerated for any of the charges that are currently pending against him," Neily added. "I feel like the judges in those cases will try to figure out a way to impose some form of punishment that's sort of sufficiently satisfying to the public or that portion of the public that thinks that the prosecutions were appropriate short of actually incarcerating him in an actual prison."

Neily continued, "I'm just not sure that I can really see a former president going to jail with his Secret Service detail."

Trump faces roughly 75 years in prison if convicted on all counts and given the maximum sentences in the Georgia indictment. Georgia judges are not required to dole out prison time for the state RICO charges and can instead levy a fine. But, if they decide to issue a prison sentence the mandatory minimum is five years.

Ohio Secretary of State Frank LaRose fires top aide for criticizing Donald Trump on social media

Ohio Secretary of State Frank LaRose, the most prominent Republican in the race to unseat Democratic U.S. Sen. Sherrod Brown next year, has fired one of his top aides after social media posts surfaced in which the staffer criticized Donald Trump.

LaRose's office confirmed press secretary Rob Nichols's departure on Wednesday. A longtime Republican operative in the state, Nichols held a similar position with then-Republican Gov. John Kasich before he ran for president and became a vocal Trump detractor.

The abrupt dismissal followed Trump political allies on X, formerly Twitter, discovering and posting a cache of old tweets from Nichols' personal account that took aim at the former president, including for his impeachments, indictments and appearance.

OHIO PUBLIC DEFENDER ARRESTED, CHARGED WITH CHILD PORNOGRAPHY

In one tweet, Nichols is quoted replying to a Trump supporter: "it’s been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

His interim replacement, Mary Cianciolo, confirmed that Nichols no longer works for LaRose, but said she could not comment further on a personnel matter.

Reached by phone, Nichols declined comment on the matter. He had deleted the offending account before the tweets were brought to light.

OHIO TEEN INTENTIONALLY CRASHED CAR INTO BRICK WALL TO KILL BOYFRIEND, FRIEND

The dismissal comes just a month after LaRose joined what is expected to be one of the most closely watched contests of 2024 and one where Trump's endorsement could again prove crucial — as it did last year.

After holding out for months, Trump endorsed venture capitalist and memoirist JD Vance for the seat vacated by the GOP's Rob Portman in 2022, helping Vance handily beat a crowded field to win the GOP primary and then the seat.

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A previous critic of Trump himself, LaRose endorsed him for president in 2024 a week after entering the Senate race. That marked a reverse in position from 2020, when he said it was inappropriate to take political sides when you were running elections.

LaRose faces state Sen. Matt Dolan and Cleveland businessman Bernie Moreno for the Republican Senate nomination. Dolan, whose family owns baseball's Cleveland Guardians, has distanced himself from Trump, while Moreno — also a past critic — has seen Trump encourage his run.

Fox News Politics: Trump’s latest indictment

FOURTH TIME'S THE CHARGE: Former President Donald Trump was indicted for the fourth time, this time in Georgia… Read more: Who are the 19 people indicted in the Georgia election case against Trump?

DARK TIMES: Former President Trump told Fox News Digital his fourth indictment comes during a "dark period for our country"… Read more: Trump says Georgia indictment comes during 'dark period' for US, vows to fix it by winning

10 DAYS: Fulton County DA Fani Willis, who will prosecute the Trump indictment on racketeering charges in Georgia, gave Trump until Friday, Aug. 25 to surrender… Read more: Georgia district attorney gives Trump, others until Aug. 25 at noon to surrender

DENIED: The federal judge overseeing the classified documents case against trump delivered multiple blows to Special Counsel Jack Smith's efforts… Read more: Federal judge comes out swinging against DOJ special counsel in Trump classified docs case

UNHINGED: Former NCAA Division 1 athletes Riley Gaines and Paula Scanlan were among those who were targeted by "hostile" protesters… Read more: Riley Gaines, activists say they were spat on, attacked by protesters at ceremonial bill signing in Texas

MAKING OF A MAN: Biographer David Garrow said former President Barack Obama once told him he hoped he would never read the letters penned to his former girlfriend, one of which contained the young Barry's thoughts on homosexuality… Read more: Obama biographer on letters to 44's ex he hopes the public never sees, how Michelle changed since Chicago days

TIRADE: A now-retired Seattle police officer unleashed 23 years of pent-up frustration with police and city leaders… Read more: Retired Seattle cop unloads on 'spineless mayor' and 'extremist' city council in brutal resignation letter

TRUTH COMES OUT: President Biden admitted Thursday that Democrats' signature Inflation Reduction Act had little to do with actually reducing the then-record high inflation facing the nation… Read more: Biden admits Inflation Reduction Act had 'less to do with reducing inflation' than he originally said

BLOWING THE LID: An FBI supervisory special agent told congressional investigators that the Biden transition team and Secret Service headquarters were tipped off in December 2020 about a planned interview of Hunter Biden… Read more: FBI agent says Biden transition team, Secret Service were tipped off on 2020 plans to interview Hunter Biden

KEEP YOUR FRIENDS CLOSE: A new light is being cast on Hunter Biden's longtime business partner… Read more: 'Money guy': This Hunter Biden business partner could blow the lid off Biden family's business dealings

BIG ASK: The Biden administration is requesting Congress spend six times more on supporting Ukraine in its war against Russia than on the border and fentanyl crisis plaguing the nation… Read more: White House wants Congress to spend six times more on Ukraine than border, fentanyl crisis in new request

PHOTO BOMB: House Republican Conference Chair Rep. Elise Stefanik, R-N.Y., is blasting a "damning photo" showing then-Vice President Joe Biden with his Hunter Biden-linked current adviser… Read more: Top House Republican rips 'damning picture' of Biden with Hunter-linked adviser on 2015 Ukraine trip

IMPEACHMENT READY: Rep. Greg Steube, R-Fla., jumped ahead of his Republican colleagues on Friday and introduced articles of impeachment against President Biden… Read more: Florida Republican introduces impeachment articles against Joe Biden

BIDEN FAMILY PAYDAY: House Oversight Committee Chairman Rep. James Comer, R-Ky., released a third memo Wednesday about the Biden family’s foreign business dealings… Read more: House GOP release bank records on Hunter Biden payments from Russian, Kazakh oligarchs, total clears $20M

JUST A NUMBER?: Recent health scares among members of Congress have raised the question of how old is too old for politicians… Read more: An aging Congress: Meet the 19 lawmakers who are at least 80 years old

OFF-TARGET: Nearly two dozen Senate Republicans are calling on the Biden administration to withdraw its guidance to block funding for schools that have hunting and archery programs… Read more: Senate GOP expresses 'deep concern' over Biden admin effort to crackdown on school hunting, archery classes

FAIR GAME: The Iowa State Fair marks a pivotal hurdle for 2024 GOP presidential hopefuls… Read more: Iowa State Fair marks pivotal step for 2024 GOP hopefuls, Trump confirms attendance but snubs Reynolds chats

‘DOWNRIGHT PATHETIC’: Vivek Ramaswamy did not wait for the late night breaking news on former President Trump's fourth indictment to weigh in… Read more: Trump indictment reaction from rivals range from offer of legal assistance to call to drop out of race

HATE MAGNET: While DeSantis sits at No. 2 in the GOP polls, he is No. 1 across all candidates when targeted by negative independent expenditures… Read more: DeSantis the No. 1 candidate attacked in presidential race so far

WRONG KIND OF CELEB: Liberals on X (formerly known as Twitter) expressed anger and disdain after a photo of actor Woody Harrelson wearing a hat displaying support for Democratic presidential candidate Robert F. Kennedy, Jr. appeared online… Read more: Liberals rage over photo of Woody Harrelson sporting RFK Jr hat: 'Dead to me'

UNWAVERING SUPPORT: Supporters of Donald Trump are continuing their staunch backing of the former president following his most recent arraignment in federal court… Read more: Trump rally-goers refuse to waver support for former president amid legal troubles: 'Even if he's in jail'

Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content.

Texas lawsuit seeks at least $17M in Medicaid reimbursements from Planned Parenthood

A Texas lawsuit is aiming to require Planned Parenthood to return millions of dollars in Medicaid payments for health services and even more money in fines.

A hearing was set for Tuesday in front of U.S. District Judge Matthew Kacsmaryk as the state seeks to recoup at least $17 million from nation's largest abortion provider, according to The Associated Press. Earlier this year, Kacsmaryk invalidated FDA approval of the abortion pill mifepristone.

The case against Planned Parenthood does not center around abortion, which has been banned in Texas with exceptions for risk to the mother's life since the Supreme Court overturned Roe v. Wade last year.

Planned Parenthood claims the lawsuit is a new effort to weaken the organization after years of laws from Republicans that pulled funding and restricted how its clinics operate.

ROBERT F. KENNEDY JR. SAYS HE MISUNDERSTOOD ABORTION QUESTION, DOES NOT SUPPORT ANY FEDERAL BAN

The organization received money for health services before it was removed from Texas' Medicaid program in 2021. The state had started attempting to remove Planned Parenthood four years earlier and now seeks repayment for services billed during that time.

"This baseless case is an active effort to shut down Planned Parenthood health centers," Planned Parenthood Federation of America president Alexis McGill Johnson said.

Texas filed the lawsuit under the federal False Claims Act, which allows fines for every alleged improper payment. According to Planned Parenthood, this could result in a judgment in excess of $1 billion.

The lawsuit was brought last year by Republican Texas Attorney General Ken Paxton, who is temporarily suspended from office as he awaits an impeachment trial next month over allegations of bribery and abuse of office.

Last year, Paxton said it was "unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it."

Planned Parenthood has roughly three dozen clinics in Texas, but one closed following the historic SCOTUS ruling that allowed states to make their own laws regarding abortion access.

Former federal prosecutor Jacob Elberg, who specialized in health care fraud, said he believes Texas' case is weak, adding that the federal False Claims Act is the state's most powerful tool against health fraud.

Other cases involving this law in recent years were brought against a health records company in Florida, which paid $45 million to resolve allegations of improperly generating sales, and a Montana health clinic that submitted false asbestos claims.

IOWA MAN FOUND NOT GUILTY AFTER DRIVING INTO CROWD OF ANTI-ABORTION PROTESTERS IN EFFORT TO PROTECT FAMILY

Elberg, now the faculty director at Seton Hall Law School's Center for Health & Pharmaceutical Law, said it is difficult to understand how Planned Parenthood was knowingly filing false claims while it was in court fighting to stay in the program and Texas was still paying the reimbursements.

"This just isn't what the False Claims Act is supposed to be about," Elberg said.

The Associated Press contributed to this report.

The Hitchhiker’s Guide to where we stand with impeachment

There is something of an impeachment furor in Washington.

But only among some Republicans. 

There’s hubbub about Hunter Biden’s now nullified plea deal. Questions about whether Hunter Biden used his father for business access. 

The House is out of session for nearly another month. But that didn’t stop Rep. Greg Steube, R-Fla., from introducing four articles of impeachment for the President himself. 

BIDEN REPEATEDLY CLAIMED HUNTER DID 'NOTHING WRONG' PRIOR TO SPECIAL COUNSEL APPOINTMENT

One article of impeachment alleges the President sold access when he was Vice President. A second article suggests collusion between the president’s 2020 campaign and the Justice Department to hide alleged tax crimes by Hunter Biden and shield him from legal jeopardy. A third article purports fraud by Biden family businesses. The fourth article claims the Biden family finances helped fuel drug transactions and even prostitution.

"It is long past due to start the impeachment process," said Steube on Fox.

President Biden conceded he helped block assistance to Ukraine when he served as Vice President unless Kyiv fired prosecutor Viktor Shokin. Shokin was investigating the Ukrainian energy firm Burisma. Hunter Biden served on the board of Burisma. 

Republicans suggest a quid pro quo.

"We know the quo happened," said Sen. Ted Cruz, R-Tex., on Fox. "The only question for bribery is the quid. Did that oligarch pay Joe and Hunter $10 million? $5 million for Joe. $5 million for Hunter. If yes, that’s bribery. And Biden should be impeached. He should be removed from office. He should be prosecuted. And he should go to jail."

There’s a push by the hard right for impeachment now. Some conservatives are growing tired of the behind-the-scenes "transcribed interviews" and various letters written to Biden-related figures by House Oversight Committee Chairman James Comer, R-Ky., and Judiciary Committee Chairman Jim Jordan, R-Ohio. They want action. The measured pace of Congress doesn’t match the political realities of ultra-conservative, Republican districts which have nothing but disdain for President Biden.

"What you're seeing is the frustration of some of our supporters," conceded Rep. Mike Johnson, R-La., on Fox. "But yes, at some point, as (House) Speaker (Kevin) McCarthy, R-Calif., said before we left for the district work period, an impeachment inquiry is called for here."

However, that’s not exactly what the Speaker said.

BERNIE SANDERS PUSHING CAMPAIGN CASH TO WIFE AND STEPSON'S NONPROFIT RAISES 'LEGITIMATE CONCERN': WATCHDOG

On two different occasions on Fox last month, McCarthy teased an impeachment inquiry (remember that specific term) for both Attorney General Merrick Garland and President Biden. An impeachment "inquiry" is miles from impeachment. But it’s important that the Speaker began to mention impeachment. After all, that’s what many anti-Biden voters and Freedom Caucus members needed to hear: the I-word. McCarthy’s verbiage amplified the potential for impeachment – because it’s coming from the Speaker. But it also served as a trial balloon for McCarthy to see if he could get his members in a place to push for impeachment. That would begin with an "impeachment inquiry." A formal impeachment inquiry requires an actual vote by the full House of Representatives. It gives the House more authority to call for witnesses and conduct depositions. 

But the House can’t formally begin an impeachment inquiry without voting to do so. And it’s far from clear if Republicans – with a four seat majority and 18 House Republicans representing districts carried by the President – would ever have the votes to go down this path.

But there may have been a rhetorical sleight-of-mouth by McCarthy. 

The mere fact that McCarthy mentioned "impeachment" – inquiry or not – may have helped McCarthy get in front of a push for impeachment by House conservatives and not seem like he was lagging behind. 

In late July, McCarthy made sure the Congressional press corps understood precisely what he said about impeachment – even if some conservative voters heard what they wanted, without the nuance. 

"I didn’t say I was doing an impeachment inquiry," said McCarthy. "I said if they didn’t provide us the information, that could rise to an impeachment inquiry."

However, some Republicans are reluctant to rush into the impeachment maelstrom. 

"Inquiry" or otherwise.

SPECIAL COUNSEL ‘LESS THAN IDEAL’ FOR THE WHITE HOUSE AHEAD OF 2024: STEPHEN NEUKAM

"An inquiry and impeachment vote is too soon as I've stated," said Rep. Nancy Mace, R-S.C., on Fox Business. "I don’t think we’re there just yet. But I do believe that we will be at some point later this year."

Rep. Darrell Issa, R-Calif., also weighed in on Steube’s gambit during an appearance on Fox. 

"Is it premature? To me, it is," said Issa. "We’re a long way from the conspiracy that should and possibly need to be investigated. And we should do an investigation."

However, Issa noted one potential hurdle. 


"The last thing I would want today is a vote on impeachment in the House that would die in the Senate," said Issa.

That echoes something similar that Comer said to Fox in late July. 

It’s unclear if this commentary about the Senate failing to convict the president is a GOP escape hatch for Republicans who want to talk about impeachment, have revved up their base about impeachment, but know that actually executing impeachment – inquiry or otherwise, is challenging. 

It’s all about the math.

Republicans sport a reed-thin, four-seat majority in the House. It’s a roll of the dice to determine if Republicans would ever have the votes to begin an impeachment inquiry – or actually impeach the President. 

And it’s really about the math in the Senate.

The Constitution requires a two-thirds vote to convict and remove the president. That’s 67 votes. Republicans only have 49 votes right now. The Senate could never get there.

Thus, a potential escape hatch? 

But the pressure is going to be on McCarthy in the late summer and early fall to do something on impeachment. 

"McCarthy has shown over this last eight or nine months that he’s been in charge that he does not have a whole lot of grip over his own caucus," said David Cohen, political science professor at the University of Akron. "McCarthy’s going to have to give in to the conservatives in his party. I don’t know that he has a choice if he wants to remain Speaker."

It would be risky for McCarthy to forge ahead on impeachment. And, it may be risky for McCarthy not to forge ahead on impeachment.

History may not repeat itself. But it sure does rhyme.

Voters punished Republicans 25 years ago for impeaching former President Clinton. Voters believed the impeachment wasn’t warranted.

It’s unclear where middle-of-the-road voters are on impeachment this year. The GOP campaigned on fixing the supply chain and the economy. Not impeachment. 

When Republicans impeached Mr. Clinton in 1998, the president had very high approval ratings. That’s not the case with President Biden. And that’s why this impeachment dynamic may be harder to figure out.

Florida Republican introduces impeachment articles against Joe Biden

Rep. Greg Steube, R-Fla., jumped ahead of his Republican colleagues on Friday and introduced articles of impeachment against President Biden.

While several congressional committees are building a multipronged case to remove Biden from office, Steube said it was past time to take action. He filed articles of impeachment against Biden charging that the president had been complicit in his son Hunter's alleged crimes and had worked to shield him from justice.

"It’s long past time to impeach Joe Biden," Steube said in a statement. "He has undermined the integrity of his office, brought disrepute on the Presidency, betrayed his trust as President, and acted in a manner subversive of the rule of law and justice at the expense of America’s citizens."

Steube filed four articles alleging high crimes and misdemeanors by Biden.

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The first accuses the president of abusing the power of his office by allegedly accepting bribes, committing Hobbs Act extortion and honest services fraud related to use of his official position. These charges arise from Biden's alleged involvement with his family's business dealings, including Hunter and James Biden's (the president's brother) alleged effort to sell access to then-Vice President Biden between 2009 and 2017 in exchange for "payments and business opportunities from foreign and domestic business partners."

House Oversight Committee Chairman Rep. James Comer, R-Ky, on Wednesday released a memo purporting to show that foreign payments to the Biden family totaled more than $20 million — though Democrats say none of the evidence shows that President Biden accepted any payments or committed misconduct. 

The second article charges that President Biden obstructed justice, citing IRS whistleblower testimony that "members of the Biden campaign improperly colluded with Justice Department (DOJ) officials to improperly interfere with investigations into tax crimes alleged to have been committed by Hunter Biden." Both the Justice Department and special counsel David Weiss, the U.S. attorney appointed to investigate Hunter Biden, have denied that the Biden administration impeded Weiss' work.

The third and fourth articles accuse Biden of "fraud" and paying for Hunter Biden's illegal drugs and trysts with prostitutes, respectively. 

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"The evidence continues to mount by the day – the Biden Crime Family has personally profited off Joe’s government positions through bribery, threats, and fraud. Joe Biden must not be allowed to continue to sit in the White House, selling out our country," Steube said. 

On the same day, Steube introduced legislation to require the Secret Service chief to write a report on the illicit use of controlled substances in the White House. The move comes after the Secret Service closed its investigation into cocaine found at the White House last month without identifying a person of interest. Steube named the bill the "Helping Understand Narcotics Traces at the Executive Residence (HUNTER) Act." 

"The United States Secret Service (USSS) refers to themselves as one of the most elite law enforcement agencies in the world. It’s completely unacceptable that the USSS has failed to find who is responsible for bringing cocaine into one of the most secure buildings in the world," he said. "The American people deserve answers. My legislation demands information on the closed investigation into the cocaine found at the White House in July and focuses on how Congress can provide oversight to prevent future illicit usage of controlled substances in the White House."

Steube's articles of impeachment have jumped ahead of at least four GOP-led committee investigations pursuing avenues to impeach Biden or his top officials. The White House has ridiculed suggestions that Biden should be removed from office.

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"We’re not going to get into what House Republicans want to do or may not do — hypotheticals. That’s on them. That’s for them to speak to. What I can speak to is exactly what we’re doing today." press secretary Karine Jean-Pierre said in July. 

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"The economic data is so much better than economists had expected. And so, that’s because of the work that this President has done. That’s going to be our focus. Our focus is going to be on what we can do to make Americans’ lives a little bit better, giving them that extra breathing room."