House investigators heading to prison to interview ex-Hunter Biden biz associate amid impeachment inquiry

Congressional investigators are set to interview Hunter Biden’s ex-business associate, Jason Galanis, in prison on Friday to gather information on the Biden family’s business dealings and any "access" to then-Vice President Joe Biden.

Staff from the House Oversight and Judiciary committees are expected to travel to an Alabama prison, where Galanis is serving a 14-year prison sentence for securities fraud.

JAMES BIDEN SAYS HIS BROTHER 'HAS NEVER HAD ANY INVOLVEMENT' OR ANY 'FINANCIAL INTEREST' IN BUSINESS VENTURES

House Oversight Committee Chair James Comer and Judiciary Committee Chair Jim Jordan in November requested an interview with Galanis through the Bureau of Prisons.

Comer cited a Wall Street Journal report that "discusses the allegation of the ‘access’ Hunter Biden could provide while his father was vice president, with Mr. Galanis writing in 2014 that Hunter ‘will change your access forever,’" Comer wrote in the letter, requesting that investigators have the chance to "question Galanis about his firsthand knowledge of Hunter Biden’s influence peddling."

"The committees’ investigation requires that we obtain this information," Comer wrote. "Accordingly, we request the Federal Bureau of Prisons make Mr. Galanis available for a transcribed interview with Committee counsel."

Galanis formerly did business with both Hunter Biden and Devon Archer.

DEVON ARCHER: HUNTER BIDEN, BURISMA EXECS ‘CALLED DC’ TO GET UKRAINIAN PROSECUTOR FIRED

Galanis pleaded guilty to securities fraud based on bonds issued by a company affiliated with a Native American tribe in South Dakota. The funds were reportedly supposed to be used for certain projects but were instead used for his personal finances. He was sentenced in 2017 to 14 years.

Devon Archer was tied to the scheme and convicted in 2018 for defrauding the Native American tribal entity and various investment advisory clients of tens of millions of dollars in connection with the issuance of bonds by the tribal entity and the subsequent sale of those bonds through fraudulent and deceptive means. 

Archer was sentenced to a year and a day in prison. 

BIDEN MET WITH CHAIRMAN OF CHINESE ENERGY FIRM HUNTER DID BUSINESS WITH IN 2017, EX-ASSOCIATE TESTIFIES

Archer testified before the committees last year that Hunter put his father, then-Vice President Biden, on speakerphone while meeting with business partners at least 20 times, and he said Joe Biden was put on the phone to sell "the brand." Archer was on the board of the Ukrainian natural gas firm Burisma Holdings along with Hunter Biden.

Galanis' expected testimony comes after James Biden testified that his brother, President Biden, "has never had any involvement or any direct or indirect financial interest" in his business ventures.

James Biden's testimony came days after his former business associate, Tony Bobulinski, testified before the committee, telling congressional investigators that Joe Biden was involved in the family's business ventures and testifying that he personally met with him. 

Days before Bobulinski's testimony, another former business associate, Rob Walker, testified that Joe Biden met with the chairman of the Chinese energy firm his brother and son did business with.

After Walker's testimony, the House Oversight Committee said it was able to "now confirm Joe Biden met with nearly every foreign national who funneled money to his son."

Hunter Biden is expected to sit for his deposition on Feb. 28.

Meanwhile, the president last week called for the House impeachment inquiry to be dropped, calling it "an outrageous effort from the beginning."

The Speaker’s Lobby: Wants and needs, and the looming impeachment trial of Biden’s border chief

There is a major difference between what we want – and what we need.

This is a staple of the human condition.

But especially politics

Lawmakers and politicians often make various demands of the president, Congressional leaders, the public and even the press corps. 

REPUBLICANS BLOCK THEIR OWN BILLS FROM THE FLOOR

But in politics – much like life – there is a big difference between what political figures want and what they need

Take for instance the recent process to impeach Homeland Security Secretary Alejandro Mayorkas

House conservatives frankly needed to impeach Mayorkas for political purposes. This may be especially important now for the GOP since their efforts to impeach President Biden were long sliding sideways. The arrest of FBI informant Alexander Smirnov further undercut the Republicans’ inquiry into the President, Hunter Biden and his family.  

House Republicans promised their base a political scalp during the 2022 midterm elections. Even last summer, Republicans couldn’t agree on who they wanted to impeach – be it the president, Mayorkas, FBI Director Christopher Wray, Defense Secretary Lloyd Austin, Washington, DC U.S. Attorney Matthew Graves, Attorney General Merrick Garland or Health and Human Services Secretary Xavier Becerra.

"All of ‘em," replied Rep. Ralph Norman, R-S.C., when I asked last summer who House Republicans endeavored to impeach.

The encompassing group have been who some Republicans wanted to impeach. But, politically, the GOP needed to impeach someone because of campaign promises. 

So, Mayorkas emerged as the "winner" of the GOP’s impeachment sweepstakes. Mayorkas is the surrogate Republicans are targeting for what they perceive as the myriad of administration’s ills, starting with the border crisis. A Senate trial for Mayorkas hits next week.

And we’re back to wants and needs.

REP MIKE TURNER FACES 'BLOWBACK' FOR SOUNDING THE ALARM OVER RUSSIA THREAT

Most Senate Republicans want a robust trial. A lengthy, bona fide trial presents GOPers with a stage to highlight what they believe are misdeeds by the White House and its handling of the border. Some conservatives have warned Senate Majority Leader Chuck Schumer, D-N.Y., about short-circuiting an impeachment trial. They wrote to Senate Minority Leader Mitch McConnell, R-Ky., demanding that the Senate "fully engage our Constitutional duty to hold a trial." They’ve also wanted U.S. Chief Justice John Roberts to preside over an impeachment tribunal. However, the Senate’s impeachment rules do not require the participation of the chief justice for anyone besides the president and vice president. And notably, former Senate President Pro Tempore Patrick Leahy, D-Vt., even presided over the second impeachment trial of former President Trump in 2021. 

Do Republicans need a full-fledged Senate trial? Probably not. Did they need to place demands on Schumer and McConnell? Yes. But what Senate conservatives need the most is for their base to see them giving Schumer and McConnell the business about not conducting a lengthy Senate trial. In fact, the politics of the right might even dictate that conservative senators show outrage and disdain for an abbreviated trial. Such dismissiveness from the left plays into the conservative narrative that Democrats aren’t taking the trial seriously, and, vis-à-vis, the border.

Conservatives will also deploy this as what they say is another example of McConnell losing touch with the right.  

So, conservatives might achieve what they need – even if they fall short of what they want

There is another set of wants and needs emerging as the government barrels toward a potential set of government shutdowns in early March.

Some conservatives genuinely pine for a government shutdown. You can imagine why. Many would like to use that as a wedge. They argue "no government funding until the border is secure." Although no one can quite agree on what constitutes a "secure" border, let alone support a legislative plan to seal it. This is why conservatives detonated the bipartisan border package proposed a few weeks ago. Certainly many Republicans truly desire a secure border. But the politics dictate something else in conservative circles. They won’t admit it. But what conservatives may strangely need is an insecure border for political purposes. That’s how they can point to the Biden administration and portray this as a national security problem. So here, a need outweighs the want.  

But back to government funding.

Conservatives were genuinely securing some discretionary spending cuts on other spending bills. That may be what they want. But raising cane with the GOP leadership about cuts not being deep enough works better in some political circles. That’s a political need. And frankly, since Republicans have yet to force a government shutdown since they won control of the House last year, this may frankly be a GOP "need."

SENATE VOTED IN FAVOR OF $95 BILLION INTERNATIONAL SPENDING BILL, THERE MAY BE ANOTHER AROUND THE CORNER

Wants and needs are not exclusive to the Republican side of the aisle.

Democrats may not want a government shutdown. A shutdown is definitely not a Democratic "need." However, some on the left will privately tell you that a government shutdown might benefit them. Thus, this could be, in some diabolical quarters, a mild political "want."

The impeachment of Mayorkas is certainly not a Democratic "want" or "need." But Democrats guffawed when Republicans failed to impeach Mayorkas on their first try. A failed impeachment vote was definitely not a Democratic need. But Democrats basked in the schadenfreude and curated the narrative that the GOP can’t run the House. The failed impeachment vote was a Democratic "relish."

And Democrats definitely believe that Republicans overplayed their hand on impeachment. This is augmented by continued impeachment talk about President Biden – despite recent developments. Again, not a want nor need. But news like the Smirnov arrest is something Democrats welcome in small doses. 

But there are other wants and needs for Democrats, too.

Some liberals want and need to make a stand against funding for Israel because of concerns for human rights in Gaza. Again, enter politics. Progressives need to show they are standing up for Palestinians – because of political pressures emanating from the liberal base. That’s a big need for some on the left. However, the true "need" part is a little more vague for some Democrats when it comes to the complicated politics of progressives. It certainly helps some left-wing politicians to even challenge President Biden over the Middle East. That too is a need.

So do we want a pizza or need a pizza?

Do we want a Coach bag or need a Coach bag?

Air? Water? A place to sleep? Three squares a day? 

We all have wants and needs. But the things that get the most attention on Capitol Hill often land in the want category more than the need category. 

That’s why this essay will now come to an end. 

For those of you reading this, I don’t want any smart answers that you "need" me to end. 

I could go on and on. I want to. But I don’t need to. 

After all, it’s dinnertime.

I want a pizza.

Ex-FBI informant charged with lying about Bidens’ business dealings re-arrested

A former FBI informant who was arrested last week on charges of lying to the bureau about the Bidens’ alleged business dealings with a Ukrainian energy company, was re-arrested Thursday after a judge deemed him a flight risk. 

Alexander Smirnov, 43, was released by a Nevada judge earlier this week. A California judge ordered him arrested again on Thursday after federal prosecutors argued Smirnov, who holds dual U.S.-Israeli citizenship, was a flight risk. 

The informant, Alexander Smirnov, is "actively peddling new lies that could impact U.S. elections," federal prosecutors said Wednesday, as they appealed to a judge to keep him behind bars ahead of trial on charges alleging he lied to the FBI about a phony multimillion-dollar bribery scheme involving the Bidens and the Ukrainian energy company Burisma.

FBI REPORTEDLY INVESTIGATING CONTROVERSIAL DEMOCRATIC MAYOR WHO SCHMOOZED WITH BIDEN LAST MONTH

The latest charges were filed in Los Angeles, California, meaning if his case goes to trial, that's where the case will be. 

Several sealed entries were listed in the court docket, but no additional details about his return to custody were immediately available.

Smirnov is charged with making a false statement and creating a false and fictitious record.

According to attorneys David Chesnoff and Richard Schonfeld, Smirnov was arrested Thursday morning at their law offices in downtown Las Vegas on the same charges. The lawyers did not immediately respond to phone and text message requests for further comment.

Prosecutors say Smirnov falsely told his handler that executives from the Ukrainian energy company Burisma paid President Biden and Hunter Biden $5 million each around 2015. The claim became central to the Republican impeachment inquiry in Congress.

James Biden ‘contradicted’ himself during testimony on brother’s involvement in family business: GOP lawmakers

GOP lawmakers on Wednesday accused James Biden of contradicting himself during testimony about his brother’s supposed business dealings with the family. 

The president’s brother initially said he was not part of a deal with his nephew Hunter Biden and business associates Rob Walker, Tony Bobulinski, and James Gilliar, according to a source familiar with the interview. 

But when presented with an agreement with his signature on it, Biden changed his story, saying he did not recall signing the agreement, the source said. 

Rep. Andy Biggs, R-Ariz., speaking to reporters after the interview said it was "interesting" and that Biden had "contradicted himself." 

That conclusion was shared by Rep. Matt Gaetz, R-Fla., who told reporters: "Let me say this. So there are a lot of things that Mr. Biden is saying that are directly contradicted by documents." 

The lawmakers’ comments come after James Biden’s voluntary private interview on Capitol Hill as part of House Republicans' impeachment inquiry into his brother, President Joe Biden. 

JAMES BIDEN ARRIVES ON CAPITAL HILL TO TESTIFY IN BROTHER'S IMPEACHMENT INQUIRY BEHIND CLOSED DOORS

"I have had a 50-year career in a variety of business ventures. Joe Biden has never had any involvement or any direct or indirect financial interest in those activities," the president's younger brother said. "None."

The interview with both Republican and Democratic staff as well as lawmakers lasted more than eight hours. During several breaks, Republicans came out and told reporters, without citing details, that James Biden's responses contradicted his opening statement and that he had made efforts to avoid directly answering investigators' questions.

The interview with James Biden was the latest in a series that GOP lawmakers have conducted recently as they seek to rebuild momentum for an impeachment process surrounding the Biden family's overseas finances that has stalled in recent months.

Wednesday’s testimony comes after a central claim of the GOP investigation was undermined by federal prosecutors, who last week indicted an FBI informant who claimed there was a multimillion-dollar bribery scheme involving the president, his son Hunter and a Ukrainian energy company.

But Republicans argue that the informant was just one part of their broader investigation and say they intend to push ahead. "It doesn't change the fundamental facts," Judiciary Committee Chair Jim Jordan, R-Ohio, said.

The impeachment inquiry, which began in September under the House Judiciary and Oversight committees, has included the recent depositions of several former Biden family associates. 

Trump endorses ex-Kevin McCarthy aide Vince Fong to fill vacant seat as his former aides back Fong’s opponent

Former President Donald Trump is throwing his support behind ex-House Speaker Kevin McCarthy’s chosen successor for his empty seat in Congress.

Vince Fong, a California Assembly member who worked as McCarthy’s district director for almost a decade, is one of nine candidates running to replace him in Central Valley for his House seat.

One of his opponents, Tulare County Sheriff Mike Boudreaux, has courted the endorsements of former Trump officials like former acting Director of National Intelligence Richard Grenell and ex-chief deputy, Kash Patel.

TRUMP SPARKS EMOTIONAL REACTIONS FROM CROWD IN SURPRISE VISIT TO SNEAKER CONVENTION

"I am proud to join California’s Republican Congressional Delegation, and give Vince Fong my Complete and Total Endorsement!" Trump wrote in a post on Truth Social. "Vince was one of only 6 Republicans in the State Assembly to stand with me, and reject the Second Impeachment Hoax. In Congress, Vince will work with me to Grow the Economy, Lower your Taxes, Cut Burdensome Regulations, Champion American Energy, and Protect and Defend the Second Amendment, which is under siege by the Radical Left."

Endorsing Boudreaux last month, Grenell and Patel described him as the anti-establishment, America First choice. "Sheriff Mike Boudreaux is an America First patriot who has proven he is a principled fighter for freedom," Grenell said, The Porterville Recorder reported at the time. "California needs leaders with courage to stand up to Washington bureaucrats. His record proves he is the right choice for the Valley."

TULARE COUNTY SHERIFF MIKE BOUDREAUX ON THE CARTEL STYLE HIT THAT KILLED SIX PEOPLE

Patel said, "Sheriff Boudreaux is the kind of leader we need in Congress, one with the courage to stand up and fight, not back down, and put American first," The Recorder reported.

Patel declined to comment further when reached Wednesday by Fox News Digital. Grenell did not immediately respond.

McCarthy resigned from the House of Representatives on Dec. 31, nearly three months after he became the first speaker in history to be ousted from the job.

It’s a deep-red district, anchored in Bakersfield, and Fong’s Republican opponents have already been fighting to appeal to Trump’s MAGA base.

Another of his opponents, Kyle Kirkland, is a business owner and nonprofit animal rescue operator who is attempting to portray himself as an outsider. His website proudly declares he’s "not a career politician."

Trump’s endorsement of Fong is likely to give him a boost with voters who may have been wary over his years-long ties to the GOP establishment. Fong wrote on X, the platform formerly known as Twitter, soon after the former president’s announcement, "Thank you… for your endorsement! Let’s get to work to secure the border, improve our economy, and defend our water and energy resources!"

Fox News Digital reached out to Fong for further comment. 

The election to replace McCarthy is scheduled for May 21. Before that, the pool of nine candidates will get whittled down to two in a March 19 primary. 

Rather than holding party-specific primaries to nominate candidates for the general, California’s election laws mandate a single "jungle primary" where the top two vote-getters, regardless of party affiliation, advance to the general election.

McCarthy is widely held as an establishment Republican who also worked to become a staunch Trump ally.

Just before a group of eight hardline GOP lawmakers voted with all House Democrats to oust McCarthy, the former president wrote on Truth Social, "Why is it that Republicans are always fighting among themselves?"

James Biden says his brother ‘has never had any involvement’ or any ‘financial interest’ in business ventures

FIRST ON FOX: James Biden testified Wednesday that his brother, President Biden, "has never had any involvement or any direct or indirect financial interest" in his business ventures, Fox News Digital has learned.

The president’s brother arrived on Capitol Hill Wednesday morning for a closed-door deposition before the House Oversight and Judiciary Committees.

Fox News Digital obtained the first brother’s opening statement.

"I have had a 50-year career in a variety of business ventures," James Biden said in his opening statement. "Joe Biden has never had any involvement or any direct or indirect financial interest in those activities. None."

James Biden went on to defend his brother, the president, saying that because of his "intimate knowledge of my brother’s personal integrity and character, as well as my own strong ethics, I have always kept my professional life separate from our close personal relationship."

"I never asked my brother to take any official action on behalf of me, my business associates, or anyone else," James Biden said. "In every business venture in which I have been involved, I have relied on my own talent, judgment, skill, and personal relationships—and never my status as Joe Biden’s brother."

He added: "Those who have said or thought otherwise were either mistaken, ill informed, or flat-out lying."

James Biden stressed that Joe Biden "played no role, was not involved with, and received no benefits" from his work with Chinese energy company CEFC, or the healthcare company Americore.

"With my appearance here today, the Committees will have the information to conclude that the negative and destructive assumptions about me and my relationship with my brother Joe are wrong," James Biden said.

So far in the investigation into Biden family businesses, House Oversight Committee Chairman James Comer said he has found that Biden family members, their business associates and their "related companies" received "significant payments from individuals and companies in China, Russia, Ukraine, Kazakhstan and Romania."

Comer said the committee has learned throughout its investigation that the Biden family and their business associates brought in more than $24 million between 2014 and 2019 by "selling Joe Biden as ‘the brand’ around the world."

Republicans have also focused on a "$200,000 direct payment" in the form of a "personal check" from James Biden and Sara Biden. That check was labeled "loan repayment." 

"On March 1, 2018, Americore wired a $200,000 loan into James and Sara Biden’s personal bank account — not their business bank account," Comer continued. "And then, on the very same day, James Biden wrote a $200,000 check from this same personal bank account to Joe Biden."

"Americore — a distressed company — loaned money to James Biden, who then sent it to Joe Biden," Comer said.

This is a developing story. Please check back for updates. 

James Biden to testify in brother’s impeachment inquiry behind closed doors

James Biden is expected to testify in the impeachment inquiry against his older brother, President Biden behind closed doors on Wednesday morning.

The president’s brother is set to appear for a deposition before the House Oversight and Judiciary Committees Wednesday at 10 a.m.

JOE BIDEN RECEIVED $40K IN 'LAUNDERED CHINA MONEY' FROM BROTHER IN 2017, COMER SAYS

James Biden, also referred to as Jim Biden, had been subpoenaed in November to appear for a deposition as part of the impeachment inquiry — prior to it being formalized by the full House.

James Biden was involved in the Biden family business ventures with his nephew, Hunter Biden.

So far, during the investigation, House Oversight Committee Chairman James Comer said he has found that Biden family members, their business associates and their "related companies" received "significant payments from individuals and companies in China, Russia, Ukraine, Kazakhstan and Romania."

Comer said the committee has learned throughout its investigation that the Biden family and their business associates brought in more than $24 million between 2014 and 2019 by "selling Joe Biden as ‘the brand’ around the world."

James Biden is expected to be questioned on whether Joe Biden was involved in the family's foreign business ventures.

James Biden is also expected to be questioned on "loan repayment" checks — one for $200,000 and another for $40,000 — that he wrote to the president.

JAMES BIDEN GIVEN LOAN, DIDN'T PROVIDE SERVICES TO AMERICORE DESPITE PROMISES TO USE LAST NAME, TRUSTEE SAYS

Comer said his panel had uncovered evidence that the president, in 2018, received a "$200,000 direct payment" in the form of a "personal check" from James Biden and Sara Biden. That check was labeled "loan repayment." 

Comer said that James Biden "received $600,000 in loans from Americore — a financially distressed and failing rural hospital operator." 

"On March 1, 2018, Americore wired a $200,000 loan into James and Sara Biden’s personal bank account — not their business bank account," he continued. "And then, on the very same day, James Biden wrote a $200,000 check from this same personal bank account to Joe Biden."

Comer said James Biden "wrote this check to Joe Biden as a ‘loan repayment.’"

"Americore — a distressed company — loaned money to James Biden, who then sent it to Joe Biden," Comer said.

The White House said the committee found that as a private citizen, the president loaned his brother his own money when his brother needed it, and after reviewing bank records, there is a record that he was repaid. 

Comer also said the president received another $40,000 "loan repayment" from James Biden, which the chairman described as "laundered China money."

COMER RAISES QUESTIONS ABOUT $200K 'DIRECT PAYMENT' FROM JAMES BIDEN TO JOE BIDEN IN 2018

Comer said the "money trail" began in July 2017 when Hunter Biden demanded a $10 million payment from a CEFC associate. In a WhatsApp message, he claimed "he was sitting with his father and that the Biden network would turn on his associate if he didn’t pony up the money," Comer explained.

Hunter Biden in the WhatsApp message allegedly told a Chinese business associate from Chinese energy company CEFC that he and his father would ensure "you will regret not following my direction."

Hunter requested the $10 million wire for his joint-venture with CEFC called SinoHawk Holdings. 

"I am sitting here with my father, and we would like to understand why the commitment made has not been fulfilled," Hunter Biden told Henry Zhao, the director of Chinese asset management firm Harvest Fund Management. "And, Z, if I get a call or text from anyone involved in this other than you, Zhang or the chairman, I will make certain that between the man sitting next to me and every person he knows and my ability to forever hold a grudge that you will regret not following my direction."

Zhao responded, in part, "CEFC is willing to cooperate with the family."

Comer, citing bank records he and his committee have obtained, said that on Aug. 8, 2017, the $5 million in funds were sent to Hudson West III, a joint-venture established by Hunter Biden and CEFC associate Gongwen Dong. The same day, Hudson West III sent $400,000 to Owasco, P.C.— a separate entity controlled and owned by Hunter Biden, Comer said.

BIDEN MET WITH CHAIRMAN OF CHINESE ENERGY FIRM HUNTER DID BUSINESS WITH IN 2017, EX-ASSOCIATE TESTIFIES

Days later, on Aug. 14, 2017, Hunter Biden wired $150,000 to Lion Hall Group, a company owned by James Biden and his wife Sara Biden. By Aug. 28, 2017, Comer said Sara Biden withdrew $50,000 in cash from Lion Hall Group and later deposited it into her and James Biden’s personal checking account.

"A few days later, Sara Biden cut a check to Joe Biden for $40,000," Comer said, referring to the Sept. 3, 2017, check his committee obtained. "The memo line of the check said, ‘loan repayment.’"

James Biden's expected testimony comes days after his former business associate Tony Bobulinski testified before the committee, telling congressional investigators that Joe Biden was involved in the family's business ventures, and testifying that he personally met with him. 

Days before Bobulinski's testimony, another former business associate, Rob Walker, testified that Joe Biden met with the chairman of the Chinese energy firm his brother and son did business with. 

After Walker's testimony, the House Oversight Committee said it was able to "now confirm Joe Biden met with nearly every foreign national who funneled money to his son." 

Meanwhile, the president, last week, called for the House impeachment inquiry to be dropped, calling it "an outrageous effort from the beginning." 

Liberal pundits, urging Biden to withdraw, pushing convention scenario

A growing number of left-leaning pundits are hopping off the Biden train and they’re trying to come up with a plan to enable the president to jump off as well.

The attacks from the right are one thing, but these are Joe Biden’s people, who say he’s been a good president, who say he’s accomplished a great deal, but who say his age renders him either too likely or too certain to lose to Donald Trump. It’s the one problem he can’t fix.

At the same time, a new report says the Resistance is growing frustrated and burned out.

Nate Silver, the data guru and hardly a right-winger, says: "Personally, I crossed the rubicon in November, concluding that Biden should stand down if he wasn’t going to be able to run a normal re-election campaign — meaning, things like conduct a Super Bowl interview. Yes, it's a huge risk and, yes, Biden can still win. But he's losing now and there's no plan to fix the problems."

MEDIA DEEM TRUMP THE NOMINEE, DESPITE HALEY TYING HIM TO PUTIN

After noting that an improving economy hasn’t helped him, Silver says "it’s become even clearer that Biden’s age is an enormous problem for him. As many as 86% of Americans say he’s too old in one poll, though numbers in the 70-to-75% range are more common — still an overwhelming majority in a bitterly-divided country." 

And that wasn’t helped by the special counsel’s report calling him an elderly man with a poor memory.

"But even the most optimistic Democrats, if you read between the lines, are really arguing that Democrats could win despite Biden and not because of him. Biden is probably a below-replacement-level candidate at this point because Americans have a lot of extremely rational concerns about the prospect of a Commander-in-Chief who would be 86 years old by the end of his second term. It is entirely reasonable to see this as disqualifying."

Wait, there’s more. 

FANI WILLIS IS IN A ‘DANGEROUS SPOT’: JACQUI HEINRICH

"I can now point you to moments when he is faltering in his campaign for the presidency because his age is slowing him. This distinction between the job of the presidency and the job of running for the presidency keeps getting muddied, including by Biden himself. And what I think we’re seeing is that he is not up for this. He is not the campaigner he was, even five years ago…The way he moves, the energy in his voice."

Ezra Klein, the uber-liberal New York Times podcaster, also wants the president out. 

"Step one, unfortunately, is convincing Biden that he should not run again. That he does not want to risk being Ruth Bader Ginsburg — a heroic, brilliant public servant who caused the outcome she feared most because she didn’t retire early enough."

Despite what he called the "Kamala Harris problem," Klein says to assume that Biden steps aside. "Then what? Well, then Democrats do something that used to be common in politics but hasn’t been in decades. They pick their nominee at the convention." 

Silver agrees with this scenario as well.

I’m here to tell you, barring a major health scare, that’s not happening. Biden has been running for president since 1987 (I did a long interview with him during that campaign). He finally got the job. He likes being in charge. He’s not going to walk away.

And in fairness, Biden has made adjustments in the last two weeks. He now takes on-camera questions from reporters almost every day, sometimes longer than others. Just yesterday, he walked over to say, in the wake of Alexei Navalny’s murder, he’d be announcing a package of sanctions against Russia on Friday. And he’s given two televised speeches.

Still, liberal Times columnist Michelle Goldberg has been arguing since 2022 that Biden should step aside, and without a major change in strategy, "he should find some medical pretext to step aside in time for a replacement to be chosen at the Democratic convention."

Moderate conservative Ross Douthat says flatly in his Times column that Biden should not be running for re-election.

As if the Times might be in danger of under-covering this issue, the paper also says that "anti-Trump voters are grappling with another powerful sentiment: exhaustion."

"Some folks are burned out on outrage," Rebecca Lee Funk, founder of the liberal activist group Outrage, told the paper. 

A Pittsburgh security guard said  "It’s crisis fatigue, for sure."

DEMOCRATS WIN SEAT, REPUBLICANS WIN IMPEACHMENT, TWO PRESIDENTS CLASH OVER NATO

How about the right? National Review’s Noah Rothman, who thinks Biden will narrowly win, explains the grand voting shift that has the Democrats in trouble:

"Despite his self-set reputation as a lunch-pail-toting nine-to-fiver with familial roots set deep in the carbon-rich soil of Scranton, Pennsylvania, Joe Biden has presided over the hemorrhaging of his party’s support among non-college-educated voters. The Democratic Party is increasingly dominated by degree-holders…The party is pinning all its electoral hopes on driving up turnout among this relatively affluent, highly educated slice of the electorate. The big problem with that plan is that there just aren’t enough of those voters…

"In 1999, according to Gallup’s historical surveys, working-class Americans identified more as Democrats than as Republicans by 14 points. Today, that has flipped, with the GOP enjoying a 14-point advantage over Democrats among those voters. Democrats have suffered similarly with young voters: Today, only 8% more voters between the ages of 18 and 29 associate themselves with the Democratic Party than with the GOP." 

This is eye-popping for those of us who grew up with the Republicans holding the monopoly on wealthier college graduates and favoring aggressive military intervention abroad.

Rothman concludes: "Even with Trump at the top of the ticket, Democrats appear committed to a strategy that will produce, at best, the narrowest of re-election victories."

On the other side, meanwhile, Nikki Haley gave a South Carolina speech to declare she’s not going anywhere. Plenty of Republicans have "surrendered" to pressure because "they didn’t want to be left out of the club. Of course, many of the same politicians who now publicly embrace Trump privately dread him. They know what a disaster he’s been and will continue to be for our party…I feel no need to kiss the ring. I have no fear of Trump’s retribution. I’m not looking for anything from him, my own political future is of zero concern."

But the most important part of her appearance was when she choked up while discussing her husband (who Trump has taken vague shots at). He is a National Guardsman now serving a year-long deployment in Africa after an earlier one in Afghanistan.

"Michael is at the forefront of my mind," Haley said, her voice breaking. "I wish Michael was here today, and I wish our children and I could see him tonight, but we can’t. He’s serving on the other side of the world."

It was a striking moment because Haley is usually so scripted and disciplined. A burst of emotion in 2008 helped Hillary Clinton win the New Hampshire primary. The problem is that the press will write off Haley if Trump clobbers her in Saturday’s South Carolina primary, no matter how long she keeps campaigning.

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A reporter asked Biden yesterday whether he’d rather run against Trump or Haley. He responded, "I don’t care," while walking away.

But given that Haley is 52, I believe he and his advisers very much care. At 77, while projecting a much more vigorous persona, Trump is the one opponent who might help Biden neutralize the issue that most threatens his re-election campaign.

FBI informant who lied about the Bidens’ ties to Ukrainian energy company had high-level Russian contacts: DOJ

A former FBI informant charged with lying about a multimillion-dollar bribery scheme between a Ukrainian energy company and the Bidens had contacts with Russian intelligence officials, prosecutors said Tuesday. 

In court filings, prosecutors said Alexander Smirnov admitted during an interview before his arrest last week that "officials associated with Russian intelligence were involved in passing a story" about the president’s son, Hunter Biden. They said Smirnov's contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip.

They said Smirnov has had numerous contacts with a person he described as the "son of a former high-ranking government official" and "someone with ties to a particular Russian intelligence service." They said there is a serious risk that Smirnov could flee overseas to avoid facing trial.

Prosecutors revealed the alleged contact as they urged a judge to keep Smirnov behind bars while he awaits trial. 

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Smirnov, who holds dual U.S.-Israeli citizenship, is charged with falsely reporting to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016. 

Smirnov had only routine business dealings with the company starting in 2017 and made the bribery allegations after he "expressed bias" against Joe Biden while he was a presidential candidate, prosecutors said. Special Counsel David Weiss said Smirnov’s lies were aimed at affecting the 2024 presidential election. 

Smirnov is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles, where he lived for 16 years before relocating to Las Vegas two years ago.

Smirnov was due in court later Tuesday in Las Vegas. He has been in custody at a facility in rural Pahrump, about an hour drive west of Las Vegas, since his arrest last week at the airport while returning from overseas.

U.S. Magistrate Judge Daniel Albregts allowed Smirnov to be released from custody on electronic GPS monitoring while he awaits trial. He must stay in Clark County, Nevada, and is prohibited from applying for a new passport.

Before his arrest, Smirnov had been scheduled to leave the U.S. for a months-long, multi-country trip that – by his own admission – involved meetings with officials of foreign intelligence agencies and governments, prosecutors said. 

Ahead of Tuesday's hearing, Defense attorneys David Chesnoff and Richard Schonfeld had argued for Smirnov's release while he awaits trial "so he can effectively fight the power of the government."

Smirnov's claims have been central to the Republican effort in Congress to investigate the president and his family, and helped spark what is now a House impeachment inquiry into Biden. Democrats called for an end to the probe after the indictment came down last week, while Republicans distanced the inquiry from Smirnov's claims and said they would continue to "follow the facts."

Hunter Biden is expected to give a deposition next week.

The Burisma allegations became a flashpoint in Congress as Republicans pursuing investigations of President Biden and his family demanded the FBI release the unredacted form documenting the allegations. They acknowledged they couldn't confirm if the allegations were true.

Fox News' David Spunt and The Associated Press contributed to this report.

Texas AG Paxton sues NGO aiding migrants, accuses it of encouraging illegal immigration

FIRST ON FOX: Texas Attorney General Ken Paxton is suing a Catholic non-governmental organization operating in the state and wants to have its registration revoked, alleging that it is encouraging illegal immigration and operating a stash house for those entering illegally.

Paxton has sued Annunciation House — a Catholic nonprofit set up in the 1980s — and is seeking to revoke its registration to operate in Texas.

Annunciation House describes itself as a volunteer organization that "offers hospitality to migrants, immigrants, and refugees in El Paso, Texas."

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"Rooted in Catholic social teaching, the volunteers of Annunciation House live simply and in community, in the same houses as the guests we serve, who are mostly from Mexico and Central America," the group’s website says. "We also participate in advocacy and education around immigration issues. We seek to be a voice for justice and compassion, especially on behalf of the most marginalized of our society."

But Paxton’s lawsuit accuses the group of "openly and flagrantly violating many provisions of law in a systemic fashion." Specifically, it accuses it of providing shelter to illegal immigrants who have evaded law enforcement, of encouraging illegal immigration, of engaging in human smuggling and of operating a "stash house."

"Annunciation House appears to be engaged in the operation of an illegal stash house by potentially allowing others to use its real estate to engage in human smuggling," the lawsuit says.

Paxton’s office had requested records from the organization to evaluate potential violations of federal law. However, the organization in turn sued the AG’s office, seeking a restraining order and accusing it of making an impossible demand due to its limited volunteer staff and of violating its "constitutional rights of association."

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The lawsuit requests that its right to operate in Texas is terminated and also asks the court to appoint a receiver to liquidate its assets.

"The chaos at the southern border has created an environment where NGOs, funded with taxpayer money from the Biden Administration, facilitate astonishing horrors including human smuggling," Paxton said in a statement. "While the federal government perpetuates the lawlessness destroying this country, my office works day in and day out to hold these organizations responsible for worsening illegal immigration."

In a statement, Annunciation House said it "does its work of accompaniment out of the Gospel mandate to welcome the stranger."  

"This is no different from the work of schools who enroll migrant children, the clinics and hospitals who care for the needs of their ill, the churches, synagogues, and mosques who welcome their families to join in worship," a spokesperson told Fox News Digital. "For the Attorney General to suddenly attack Annunciation House after forty-six years of service to the poor is simply shameful."
 

The legal battle comes amid a broader fight between Texas, which has promoted border security and sought to block illegal immigrants entering the U.S., and the federal government, which has embraced the role of NGOs in processing and aiding illegal immigrants and has sought millions in funding from Congress for groups and communities that receive them.

There was a record 2.4 million migrant encounters in fiscal 2023, and December set a record for encounters with more than 301,000 in that month alone. The House last week impeached DHS Secretary Alejandro Mayorkas over his handling of the crisis. Articles of impeachment now go to the Senate for a trial.

Fox News' Aubrie Spady contributed to this report.