Democrats win seat, Republicans win impeachment, two presidents clash over NATO

If the second attempt to impeach the Homeland Security chief had taken place a short time later, the Republicans would have failed again.

Instead, they managed to impeach Alejandro Mayorkas–the first sitting Cabinet secretary to draw that sanction–by a single vote.

But after a victory in George Santos’ old district, the Democrats would have had the extra vote to stop the impeachment.

TRUMP’S NATO COMMENTS TRIGGER FIERCE MEDIA AND EUROPEAN OPPOSITION: HOW SERIOUS IS HE?

Tom Suozzi beat Republican Mazi Pilip in Tuesday’s special election on Long Island, unleashing a tidal wave of punditry about his winning formula–openly tackling such issues as illegal migration and crime rather than avoiding them.

I always caution against drawing sweeping conclusions in one-off local races, and this election in a snowstorm is no exception. 

The underlying factor was Santos, the outlandish, lying, fabricating lawmaker who won the seat with a made-up resume, was expelled by the House and is under indictment. Voters felt hosed by the Republican publicity hound, and maybe the Dems were more motivated to vote.

Sure, Suozzi deserves credit for seizing on illegal migration and crime rather than avoiding such explosive issues – and doggedly distancing himself from President Biden. But he also has to run again in the fall.

NATO CHIEF SAYS TRUMP CRITICISM 'DOES UNDERMINE THE SECURITY OF ALL OF US'

Trump, for his part, blamed Pilip, "running in a race where she didn’t endorse me and tried to ‘straddle the fence,’ when she would have easily WON if she understood anything about MODERN DAY politics in America…I STAYED OUT OF THE RACE, ‘I WANT TO BE LOVED!’" 

A subtle Valentine’s Day message?

The move against Mayorkas, the first against a Cabinet officer in 150 years, is about the politics of symbolism. Republicans know full well the Democratic-controlled Senate is not going to convict him. This was about keeping the spotlight on one of the GOP’s best issues.

But if the press saddled Johnson with a humiliating defeat last week, it has to credit him with a big win now.

Both episodes shed light on the fractious politics of the Hill. Just when it looked like the Senate might pass a bipartisan border security bill–which included military aid to Ukraine and Israel–Donald Trump ripped it and the package was dead.

YOU DON'T NEED COMPREHENSIVE IMMIGRATION REFORM TO SECURE THE BORDER: MARC THIESSEN

Now the Senate appears ready to pass a stand-alone military aid bill by a filibuster-proof majority. But Johnson says he won’t bring it up for a House floor vote.

That would bury it, unless a handful of Republicans join with Democrats to force a vote through a discharge petition.

Think about it: the United States, unable to help two major allies because of election-year politics, especially Ukraine, which remains under siege by Vladimir Putin.

And that’s why Biden took the rare step of delivering a televised speech on Tuesday.

His predecessor gave him an opening by saying he wouldn’t protect any NATO member who didn’t pay its fair share in military costs. And if that were the case, Putin and Russia could "do whatever the hell they want."

Biden, in his speech, accused Trump of siding with the Russian dictator, calling the comments "dumb," "shameful," "dangerous" and "un-American."

Put aside whether Biden is right or Trump is trying to pressure delinquent allies. Joe Biden passed up a softball Super Bowl interview. So why is he getting in front of the cameras now?

One, he’s trying to get push Congress to pass the military aid bill.

Two, he’s trying to change the subject from his own questionable memory in that wake of that stinging special counsel’s report.

Three, he is finally heeding the advice of those who say he needs to do more television to prove his competence and dim the focus on every gaffe or misstatement.

What’s fascinating is the spin of each party when it comes to backing their candidate.

Democrats are hitting the airwaves saying Biden is sharp and laser-focused in private, and counsel Robert Hur has no business airing his personal criticism of the president’s mental acuity.

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Republicans are saying Trump would not actually abandon NATO and that he doesn’t mean what he’s saying.

And everyone is getting sustained exposure to a system that generally favors political maneuvering over actual results.

Fox News Politics: Borderline impeachment

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? 

- House Republican warns of serious national security threat related to space

- Mayorkas becomes first cabinet secretary to be impeached since the 19th century

- Democrat Tom Suozzi triumphs in special election to replace Santos

On the eve of Valentine's Day and Ash Wednesday, Homeland Security Secretary Alejandro Mayorkas was impeached in a historic vote over his mishandling of the illegal immigration crisis at the U.S.-Mexico border. Three Republican lawmakers, Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif., jumped the aisle to vote against the impeachment.

The 214-213 vote came after the first impeachment failed earlier this month. Every House Democrat showed up to protect the cabinet secretary, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote. Once Rep. Steve Scalise returned to D.C. from a cancer treatment, the GOP had the numbers to advance the articles of impeachment.

House Republicans have accused Mayorkas of violating his oath to defend the U.S. by failing to secure the border and "refusing" to enforce immigration laws.

The three Republicans who voted against impeachment on Tuesday have criticized Mayorkas' handling of the border but expressed reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm Republican officials in the future.

This is the first time a Cabinet secretary has been impeached by the U.S. Congress since 1876.

It's now up to the Senate — where Democrats run the show — to hold an impeachment trial.

'SERIOUS' THREAT: House Intel Chair Turner issues vague warning on 'serious national security threat,' urges Biden to declassify …Read more

'WILLING TO TRADE': Republican senators rally support to add 'meaningful' border security to House's foreign aid package …Read more

'DEVASTATING REPUDIATION': White House claims Suozzi's victory in NY special election speaks volumes about GOP, Trump …Read more

WHITE HOUSE DODGE: Sullivan avoids details when pressed on 'serious national security threat' …Read more

'HEY EVERYBODY!': WH compares Ronny Jackson to 'Simpsons' character in email to Fox Digital …Read more

BACK AGAIN: Who is Tom Suozzi? A look at the Democrat who flipped Santos' seat blue …Read more

BLAME GAME: Haley faults Trump for New York special election loss …Read more

'EVERY SINGLE PENNY': Lara Trump says RNC funds will go to electing father-in-law Donald Trump …Read more

'INCOMPETENT': New poll reveals the top 2 issues negatively affecting voter confidence in Biden …Read more

PENCE HITS BACK: Former VP Mike Pence's policy think tank pushed back on Vance claim that foreign aid has a hidden 'impeachment time bomb' …Read more

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

Several Republican lawmakers want Schumer to reconvene Senate ‘immediately’ for Mayorkas impeachment trial

Some Senate Republicans want the upper chamber to reconvene "immediately" to proceed with an impeachment trial of Homeland Security Secretary Alejandro Mayorkas over his handling of the ongoing migrant crisis at the southern border. The House voted to impeach Mayorkas Tuesday night in a tight 214-213 vote. 

Mayorkas is the first Cabinet secretary to be impeached by the U.S. Congress since 1876.

"Schumer should reconvene the Senate immediately and proceed to trial," Sen. Josh Hawley, R-Mo., wrote in a post on X Tuesday night. 

Fox News Digital reached out to Schumer's office for comment and did not hear back by time of publication. But in a statement Tuesday night after the vote, Schumer said the impeachment trial will begin later this month. The Senate is scheduled to return from recess on Feb. 26.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer said in a statement. "Senators will be sworn in as jurors in the trial the next day."

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

Sen. Mike Lee, R-Utah, said in a post that the Senate "cannot fail" to "uphold" its constitutional duty and "conduct an impeachment trial for Secretary Mayorkas, who has ignored his duty to protect our country."

"Chuck Schumer is trying to sweep this travesty under the rug by violating the constitution and foregoing a trial. Republican leadership cannot stand idly by and let him," he wrote. 

Echoing the urgency, Sen. Rick Scott, R-Fla. urged the upper chamber to take quick action: "The Senate must take this up immediately."

"While some in the Senate sided with securing Ukraine's border before our own, I'm glad to see House Republicans do the right thing and hold this lawless administration accountable," he wrote Tuesday night.

In a statement to Fox News Digital, Sen. Eric Schmitt, R-Mo., compared how Democrats treated Trump's impeachment trials versus "the cabinet member responsible for 9 million illegal migrant entries on the southern border." 

"They show zero interest in demanding real accountability," Schmitt said. "This impeachment coming to the Senate will undoubtedly show how unserious Democrats have become when it comes to responsibly leading the country and protecting Americans. Mayorkas’ impeachment proceedings should be brought to the Senate floor ASAP, but don’t hold your breath for any meaningful change at the border while Democrats are in charge."

Schmitt's sentiments are shared by several Senate Republicans who opposed the failed border bill that was in the national security supplemental package, citing concerns about increased power for President Biden and Mayorkas. They argued that shifting asylum claim responsibilities to the secretary of Homeland Security undermines immigration court processes.

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS’ IMPEACHMENT VOTE

The Senate ultimately voted to remove the border bill text and passed a standalone $95 billion foreign aid bill. 

"I don't think it ever made sense to many Americans that we're negotiating a border deal with the person we're trying to impeach," Sen. Roger Marshall, R-Kan., told Fox News Digital in an interview ahead of the vote on Tuesday. 

"I welcome the impeachment," Marshall said. "He didn't enforce the law of the land, he broke his oath to Americans as well. So I think, for all those reasons, he should be impeached."

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. southern border, accusing him of deliberately flaunting existing immigration law and worsening the situation.

OVER 40 LAWMAKERS SIGN BRIEF TO SUPPORT TEXAS IN IMMIGRATION FIGHT WITH BIDEN ADMINISTRATION

Fox News Digital has reached out to DHS for comment. In a statement following the House's vote, DHS spokesperson Mia Ehrenberg said: "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border. While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment.

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe," Ehrenberg added.

Fox News' Elizabeth Elkind contributed to this report. 

Mike Pence’s think tank rebuts JD Vance’s ‘impeachment time bomb’ claim in foreign aid package

FIRST ON FOX: Former Vice President Mike Pence's policy think tank, Advancing American Freedom (AAF), sent a memo to senators Wednesday pushing back against Sen. JD Vance's theory that the $95 billion foreign aid package contains an "impeachment" clause for the next administration hidden in its text.

AAF's memo comes after Vance circulated a memo ahead of the national security supplemental package vote Monday arguing the bill includes a provision that could be grounds to impeach former President Donald Trump if he wins the White House again. 

The text assures the delivery of $1.6 billion to finance Ukraine's military as well as just under $14 billion for Ukraine Security Assistance Initiative through Sept. 30, 2025 – the same aid mechanism that Trump temporarily paused while pushing for an investigation into Biden family foreign business dealings. 

"The president’s duty to faithfully execute the law is written into the Constitution," AAF's memo reads. "It’s not an ‘impeachment time bomb’ created by the foreign aid package."

According to the memo, AAF argues that the Constitution mandates the president to faithfully execute laws, rejecting attempts from lawmakers to interpret this as permission to ignore statutes. 

The Impoundment Control Act ensures Congress controls funding, requiring presidential notification and approval for cuts within a 45-day timeframe. Congress wields the power of the purse, the AAF memo states, despite changes in administrations. 

SENATOR PAUL ASSERTS UKRAINE AID PACKAGE WOULD 'TIE THE HANDS' OF FUTURE ADMINISTRATIONS

"Congress routinely appropriates funds across presidential terms," the memo reads. "Following the argument to its logical conclusion, all advance appropriations are ‘impeachment time bombs.’"

"The Trump-Pence administration sold weapons to Ukraine that the Obama-Biden administration refused to," the memo continued. "It also countered Putin’s influence by blocking Russia’s Nord Stream 2 pipeline, which President Biden green-lighted."

Meanwhile, Vance's memo claimed that the supplemental bill "represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration."

Trump has promised he would end the war in Ukraine within 24 hours if he is elected president. 

SEN. VANCE MEMO WARNS GOP COLLEAGUES OF ‘SYSTEMIC FAILURES’ IN US AID TO UKRAINE

The Trump administration, through the Office of Management and Budget (OMB), withheld a total of about $400 million in security assistance from Ukraine in 2019. This came just before Trump asked Ukrainian President Voldomyr Zelenskyy to investigate the family of his 2020 rival, Joe Biden, and while the White House allegedly was withholding an Oval Office visit from Zelenskyy in exchange for an investigation.

These actions are what fueled the impeachment effort against Trump, in which he was ultimately acquitted. 

Mark Paoletta, former OMB general counsel during the Trump administration, told Fox News Digital in a statement this week that the clause in the bill text is an "effort to inappropriately tie President Trump’s hands in his next term by locking in Ukraine funding for multiple years." 

SENATE PASSES CONTROVERSIAL FOREIGN AID BILL SENDING BILLIONS TO UKRAINE, ISRAEL AND TAIWAN

Last week, AAF praised the bill for its continued assistance to Ukraine, Israel and Taiwan, but bashed the billions of dollars earmarked for "non-lethal" aid, such as "direct budget support" to Ukraine. It also criticized the bill for not including H.R 2, the House's border security policy passed last year that would crack down on asylum screenings and restore most Trump-era restrictions at the southern border. 

3 Republicans vote against impeaching DHS Secretary Mayorkas

Three Republican lawmakers voted against impeaching Secretary of Homeland Security Alejandro Mayorkas Tuesday night as the House of Representatives successfully impeached the border chief over his mishandling of the illegal immigration crisis at the U.S.-Mexico border.

Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif., bucked their party to side with Democrats in opposing Mayorkas' impeachment.

This is the first time a Cabinet secretary has been impeached by the U.S. Congress since 1876.

The 214-213 vote comes after Mayorkas narrowly defeated impeachment last week when every House Democrat showed up to protect him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

House Republicans have accused Mayorkas of ignoring existing immigration law and worsening the situation at the Southern Border.

The three Republicans who voted against impeachment on Tuesday have criticized Mayorkas' handling of the border but expressed reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm Republican officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

But House Speaker Mike Johnson, R-La., pushed back on concerns about precedent when speaking to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, adding that the secretary has done more "damage on the country than any Cabinet secretary that's ever been."

Johnson also spoke about the likely scenario that the impeachment would go nowhere in the Democrat-controlled Senate.

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," he said.

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee: one alleging he "refused to comply with Federal immigration laws" and the other alleging he violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, pointing to comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans' baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition," the department said. "If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security."

A DHS spokesperson said House Republicans "will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border."

"While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment," the spokesperson said.

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country," the spokesperson added. "Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe."

President Biden said, "history will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games."

"This impeachment already failed on a bipartisan vote," Biden said. "Instead of staging political stunts like this, Republicans with genuine concerns about the border should want Congress to deliver more border resources and stronger border security."

The articles will now head to the Senate, where the office of Majority Leader Chuck Schumer, D-N.Y., said Mayorkas' impeachment trial will begin later this month.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer's office said in a statement. "Senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

Fox News' Elizabeth Elkind and Bradford Betz contributed to this report.

Democrats blast DHS Secretary Mayorkas impeachment as GOP ‘political’ stunt: ‘No evidence of wrongdoing’

House of Representatives Democrats are decrying the impeachment of Homeland Security Secretary Alejandro Mayorkas as a "political" stunt.

Representative Anna Eshoo, D-C.A, said that Mayorka's historic impeachment on Tuesday was a "political stunt" and that there was "no evidence of wrongdoing."

"With no evidence of wrongdoing, House Republicans voted to impeach Homeland Security Secretary Alejandro Mayorkas today after the House rejected an identical resolution last week," Rep. Eshoo said. "This is an abuse of the solemn power of impeachment which the Constitution reserves for extraordinary circumstances when officials have engaged in serious misconduct. Secretary Mayorkas is the first cabinet secretary impeached in nearly 150 years and the first ever impeached without evidence of impropriety."

"Astonishingly, House Republicans took this drastic step while refusing to even consider the bipartisan border security bill proposed by Senate negotiators. It’s long past time for Republicans to abandon their harmful political stunts and instead work to advance real solutions to our nation’s challenges," the Representative continued.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

Representative Pramila Jayapal, D-W.A, a member of the Immigration Integrity, Security, and Enforcement Subcommittee, said that the "do-nothing" Republicans continue to "waste time and resources" on "baseless, partisan attacks."

"Today, the ‘do-nothing’ Republican Party continues to waste time and resources that could be spent working for the American people on baseless, partisan attacks of Biden Administration officials as they take up this sham impeachment vote of Secretary Mayorkas for the second time in two weeks, after an embarrassing failure last week," Rep. Jayapal said in a statement.

"There is no question that the immigration system is broken – and what the American people want and deserve is an orderly and humane system that properly processes people and modernizes an outdated immigration system that has not been updated in over 30 years to reflect for the needs of our American economy, communities, and families. The situation that we’re seeing at the southern border is a direct result of this failure to address the underlying system, compounded by the extreme policies of the Trump Administration," she continued.

Senate Majority Leader Chuck Schumer, D-N.Y., previously called the case against Mayorkas a "sham impeachment" and a "new low for House Republicans."

"This sham impeachment effort is another embarrassment for House Republicans," Schumer said. "The one and only reason for this impeachment is for Speaker Johnson to further appease Donald Trump."

The Department of Homeland Security (DHS) said that the vote moved forward "without a shred of evidence or legitimate Constitutional grounds."

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS’ IMPEACHMENT VOTE

"House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border," DHS spokesperson Mia Ehrenberg said in a statement. "While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment.

President Joe Biden blasted House Republicans immediately after the vote.

"History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games," he said.

Biden said that Republicans have pushed Mayorkas' "baseless impeachment" and rejected bipartisan plans.

"Instead of staging political stunts like this, Republicans with genuine concerns about the border should want Congress to deliver more border resources and stronger border security. Sadly, the same Republicans pushing this baseless impeachment are rejecting bipartisan plans Secretary Mayorkas and others in my administration have worked hard on to strengthen border security at this very moment — reversing from years of their own demands to pass stronger border bills," Biden continued. 

Biden said that Congress has to give his administration the tools to address the southern border and that the House GOP has to "decide whether to join us to solve the problem or keep playing politics with the border."

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

"Giving up on real solutions right when they are needed most in order to play politics is not what the American people expect from their leaders. Congress needs to act to give me, Secretary Mayorkas, and my administration the tools and resources needed to address the situation at the border. The House also needs to pass the Senate’s national security supplemental right away. We will continue pursuing real solutions to the challenges Americans face, and House Republicans have to decide whether to join us to solve the problem or keep playing politics with the border," Biden said.

The Democrat's statement came after Mayorkas was impeached by the House of Representatives on Tuesday afternoon.

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

The 214-213 vote was always expected to be tight; Mayorkas narrowly escaped impeachment last week when every single House Democrat showed up to shield him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote.

Three Republicans also voted down the effort: Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif.

Reps. Anna Eshoo, Pramila Jayapal, Sen. Schumer and the Department for Homeland Security did not immediately respond to Fox News Digital's request for comment.

User’s Manual to what’s next now that the House impeached Mayorkas

The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial.

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t expect anything to start until late February or early March. The House will send the articles of impeachment plus the House "managers" over to the Senate to formally begin the trial.

SENATE APPROVES $95 BILLION FOREIGN AID BILL

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors.

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Rotunda to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas."

The articles are then presented to the Senate and the managers are introduced. That is all they usually do on the first day of a Senate trial– although FOX was told the Senate might try to squeeze everything into one day.

BIDEN’S EXPORT SUSPENSION ON LIQUEFIED NATURAL GAS COULD SPIKE YOUR HEAT BILL

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But FOX is told that could happen on day one in this instance.

According to Senate rules, the trial must begin the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday through Saturday. We had Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021.

It is unlikely that U.S. Chief Justice John Roberts presides over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all. How much of a trial is there? 

The Senate cannot immediately bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has announced that Mayorkas' trial will begin later in February. The House has named its 11 impeachment managers. Senators will be sworn in as the jury.

Senators can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. The Senate could also send the articles to a committee for review.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a motion to dismiss the charges.

There will eventually be either a vote to convict/exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that FOX polling data revealed that border security was the number one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate must at least entertain the articles for a day or two – and then render some sort of judgment.

Joe Biden is ‘the big guy,’ Tony Bobulinski said during ‘unshakeable’ testimony amid impeachment inquiry

Hunter Biden’s ex-business associate Tony Bobulinski testified that Joe Biden is "the Big Guy" and said the president "continues to lie" to the American people about his involvement in his son’s business dealings.

Bobulinski, who worked with Hunter Biden to create the joint-venture SinoHawk Holdings with Chinese energy company CEFC, and said he met with Joe Biden in 2017, provided "unshakeable" testimony behind closed doors at the House Oversight and Judiciary Committees Tuesday.

JOE BIDEN 'ENABLED' FAMILY TO SELL ACCESS TO 'DANGEROUS ADVERSARIES,' TONY BOBULINSKI TESTIFIES

His testimony, which came as part of the House impeachment inquiry against President Biden, lasted for more than eight hours.

A source familiar with his testimony told Fox News Digital that he testified that he "personally met" with Biden in May 2017 in Los Angeles on the sidelines of the Milken Conference for somewhere between 45 minutes and an hour.

Fox News Digital first reported on that meetings between Bobulinski and Biden in October 2020.

Joe Biden, on May 3, 2017, spoke at the conference, hosting "A Conversation with the 47th Vice President of the United States Joe Biden." 

Just days after the May 2, 2017, meeting, the now-infamous May 13, 2017, email, which included a discussion of "remuneration packages" for six people in a business deal with a Chinese energy firm. The email appeared to identify Biden as "Chair / Vice Chair depending on agreement with CEFC," in a reference to now-bankrupt CEFC China Energy Co.

The email includes a note that "Hunter has some office expectations he will elaborate." A proposed equity split references "20" for "H" and "10 held by H for the big guy?" with no further details.

FLASHBACK: HUNTER BIDEN BUSINESS ASSOCIATE'S TEXT MESSAGES INDICATE MEETING WITH JOE BIDEN

Bobulinski testified Tuesday that Joe Biden is "the big guy."

Bobulinski has, since 2020, said "the big guy" was Joe Biden. But IRS whistleblowers Gary Shapley and Joseph Ziegler, who claimed that politics had influenced the yearslong federal investigation into Hunter Biden, also said "the big guy" was known to be Joe Biden.

Meanwhile, Bobulinski testified that from his "direct personal experience," it is "clear" that Joe Biden was "'the Brand' being sold by the Biden family.’"

"His family’s foreign influence peddling operation—from China to Ukraine and elsewhere—sold out to foreign actors who were seeking to gain influence and access to Joe Biden and the United States government," Bobulinski said in his opening statement, exclusively obtained by Fox News Digital.

"Joe Biden was more than a participant in and beneficiary of his family’s business; he was an enabler, despite being buffered by a complex scheme to maintain plausible deniability," Bobulinski said. "The only reason any of these international business transactions took place—with tens of millions of dollars flowing directly to the Biden family—was because Joe Biden was in high office."

Bobulinski added: "The Biden family business was Joe Biden, period."

Bobulinski served in the U.S. Navy’s Naval Nuclear Power Training Command as a decorated master training specialist instructor; the Command’s chief technology officer, holding "Q security clearance" from the Energy Department and from the National Security Agency; and later served as a direct input officer for the command in his final Navy Fitness Report.

Another source familiar with Bobulinski’s testimony told Fox News Digital that he told committee investigators that Jim Biden, the president’s brother, was never concerned about the optics of Joe Biden’s involvement in the family’s foreign business dealings, saying he could claim "plausible deniability."

Bobulinski also told congressional lawmakers that he was never approached by the Justice Department, or Special Counsel David Weiss, to answer questions or provide testimony on anything related to the Bidens. 

"Tony Bobulinski articulated under oath that Joe Biden was ‘the brand’ the Bidens sold to enrich the family," House Oversight Committee Chairman James Comer said in a statement after Bobulinski’s testimony. "Joe Biden not only knew about his family’s dealings with a Chinese Communist Party linked energy company, but he also enabled them and participated in them. Tony Bobulinski testified he believes Joe Biden committed wrongdoing and continues to lie to the American people about his participation in his family’s influence peddling schemes."

BOBULINSKI OFFERED TO TESTIFY AT HUNTER BIDEN GRAND JURY BUT 'NEVER HEARD BACK': SOURCE

Comer went on to say Bobulinski "was unshakeable in his testimony today, providing facts Democrats didn’t want to hear."

"As such, Democrats put on a shameful display as they yelled at Mr. Bobulinski, cut him off, belittled him, and threatened him,

"Comer said, blasting his Democratic colleagues for  "behavior that I’ve frankly never seen before in a transcribed interview."

Comer said he will "soon release the transcript to provide the American people with transparency about Joe Biden’s involvement in his family’s shady schemes and Democrats’ efforts to smear him for blowing the whistle."

But the top Democrat on the House Oversight Committee, Jamie Raskin, D-Md., said Bobulinski "offers absolutely no testimony that indicates any criminal activity by President Biden… or evidence that President Biden was involved in Hunter Biden's businesses."

Meanwhile, as Bobulinski left Capitol Hill Tuesday, he turned to reporters and said: "It was a great day for the American people."

Next up before the committee as part of the impeachment inquiry is the president’s brother, Jim Biden, on Feb. 21. Hunter Biden is expected to appear for his deposition on Feb. 28.

House votes to impeach DHS Secretary Mayorkas over border crisis

Homeland Security Secretary Alejandro Mayorkas has been impeached by the House of Representatives.

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

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. border, accusing him of deliberately flaunting existing immigration law and worsening the situation. 

DENVER SCHOOLS OVERWHELMED BY MIGRANT SURGE AS MAYOR SLASHES $5M FROM PUBLIC SERVICES TO ADDRESS CRISIS

The 214-213 vote was always expected to be tight; Mayorkas narrowly escaped impeachment last week when every single House Democrat showed up to shield him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote. 

Three Republicans also voted down the effort – Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif. 

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP

Each criticized Mayorkas’ handling of the border but had reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm GOP officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

However, Speaker Mike Johnson, R-La., dismissed any concerns about precedent in comments to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, accusing him of having done more "damage on the country than any Cabinet secretary that's ever been."

He also addressed the very likely scenario that the impeachment would go nowhere in the Democrat-held Senate. 

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS’ IMPEACHMENT VOTE

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," Johnson said.

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, citing comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans’ baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition. If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security," the department said.

Fox News Politics: Dems’ age-old question

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? 

- Ex-Hunter Biden associate testifies to House panel

- House prepares to vote on Biden border chief impeachment

- New York's 3rd district voting on a replacement for ex-Rep George Santos

Democrats have overwhelmingly backed President Biden's 2024 re-election. But the damaging report released last week by Special Counsel Robert Hur has breathed new life into the belief that the party will ultimately replace him as nominee ahead of the 2024 general election.

Here are five of the top names being mentioned as a potential replacement for Biden should he decide — or is pressured — not to run for a second term:

1. California Gov. Gavin Newsom

Democrat strategists and members of the media continually mention him as a future presidential hopeful, but that future could come sooner rather than later should Biden's plans change.

2. Vice President Harris

Harris' presidential ambitions have been known since her first unsuccessful run for the White House in 2020, when she failed to gain support over her Democrat primary opponents, including Biden. Despite her low approval rating and frequent gaffes as vice president, she continues to insist she's "ready to serve" as commander in chief, if necessary.

3. Former first lady Michelle Obama

Obama has been one of the more surprising names floated as a potential replacement for Biden, considering her lack of political experience. But she remains popular to Democrats, and former presidential candidate Vivek Ramaswamy keeps floating the possibility.

4. Michigan Gov. Gretchen Whitmer

Despite declining a run for the White House, Whitmer appeared to leave the door open for a future presidential run after her convincing re-election win during the 2022 midterm elections, a year that was expected to be a difficult one for Democrats.

5. Kentucky Gov. Andy Beshear

Beshear has been seen as a rising star within the party given his status as one of the most popular governors in the country, despite being a Democrat leading a red state. That status grew following a big re-election win last year over then-Kentucky Attorney General Daniel Cameron, who was considered a rising GOP star.

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