From the border to impeachment to the courts, gridlock reigns in Washington

The government of the most powerful country on earth is no longer functioning.

Every attempt to do just about anything goes down in flames.

This happens periodically in a capital built on a divided government established by the founders. But when you meld that with the hyper-partisan atmosphere that is now embedded in our culture – set against a momentous presidential election – things seem more dysfunctional than ever.

BIDEN KNEW THE BORDER BILL WAS ON LIFE SUPPORT AND WANTED TO BLAME TRUMP: HOWARD KURTZ

Neither side trusts the other. The paramount concern is the blame game, making sure the opposition party takes a hit when things fall apart.

At the same time, two major lawsuits, including one being heard by the Supreme Court today, will shape the 2024 election in ways we’ve never had to contemplate before.

The Trump team will try to convince the high court that Maine and Colorado acted illegally when they kicked the former president off the ballot. The appellate court ruling, which must be appealed to SCOTUS by Monday, says Donald Trump can’t be shielded from prosecution by unlimited immunity, especially after leaving office.

Who would ever have imagined that such battles would be fought for the first time in American history? Then again, we’ve never had an ex-president accused of criminal wrongdoing in four separate indictments–with the added twist that analysts agree the charges have boosted Trump’s campaign among the majority of Republicans who view him as being unfairly persecuted.

The long-running battle over the southern border is equally divisive. Now there’s no question that this is a major liability for President Biden, who has failed for more than three years to prevent record-setting waves of illegal migrants from flooding into the country. 

Why he hasn’t done more, on a problem that even big-city Democratic mayors say is damaging, is hard to fathom. It is, after all, the signature issue that helped Trump get elected in 2016.

WHAT BULLY PULPIT? WHY BIDEN STAYS OFF TELEVISION DURING BIG BREAKING NEWS

So both parties, at least in the Senate, made an all-out attempt to hammer out a resolution.

After four long months, they finally settled on compromise language involving asylum, parole and other thorny issues. Biden made more concessions than most thought he would–including the power to shut down the border if illegal crossings exceeded 5,000 a day (which still seems way high). The Border Patrol union backed the measure, as did the Wall Street Journal editorial page.

And more than just immigration was at stake. Foreign policy had to be baked into the cake. The president saw the measure as a tradeoff, with border security greasing the skids for long-stalled military aid to Israel and Ukraine.

But Trump, the unquestioned leader of the party, said the bill would be a death knell for Republicans and urged them to oppose it, to hold off until he took office. Trump invited them to "blame me." Biden said his likely opponent wanted the campaign issue more than a solution.

Once the bill’s text was released, Republicans started abandoning it in droves. There was little question that Trump was the motivating force. He is the party’s undisputed leader and on the verge of the nomination.

JEFFERIES DEFEND SURPRISE APPEARANCE BY TEXAS DEMOCRAT IN FAILED MAYORKAS IMPEACHMENT VOTE

When Mitch McConnell, who strongly supports U.S. assistance to Ukraine, conceded the bill couldn’t pass, it was over. Ted Cruz called for McConnell to be ousted as minority leader.

Speaker Mike Johnson, just a few months into the job, does not want aid to Ukraine, but brought to the floor a stand-alone measure to provide billions to Israel. That failed by a sizable margin. Now there’s chatter that Johnson could suffer the same fate as Kevin McCarthy.

What’s more, Johnson revived an effort to impeach Homeland Security chief Alejandro Mayorkas – the first such attempt to oust a Cabinet officer in 150 years. The media and those on the Hill thought it would be a slam dunk.

But the maneuver failed by two votes, with three dissenting Republicans saying it wasn’t fair to impeach Mayorkas for carrying out Biden’s policies. So even that exercise in scapegoating was botched. Not that he would have been convicted by the Democratic-controlled Senate.

There’s a long way to go between now and November, both in Congress and the courts. But right now Washington is in a state of paralysis.

Shooting blanks: How Republicans misfired when they tried to impeach Mayorkas

"There is nothing more exhilarating than to be shot at with no result." – Winston Churchill

Late Secretary of War William Belknap can rest easy. He remains the sole U.S. cabinet official ever impeached. 

For now.

The House impeached Belknap in 1876. 

The House failed to impeach Homeland Security Secretary Alejandro Mayorkas in 2024.

THE HITCHHIKER’S GUIDE TO WHY REP. BLAKE MOORE FLIPPED FROM YEA TO NAY ON IMPEACHING MAYORKAS

For now. 

Belknap’s ignominious status in American history is still in tact because – get this – a lawmaker required emergency surgery. Then when the infirm member unexpectedly surfaced at the Capitol, the House lacked the votes to propel Mayorkas into that elite pantheon occupied only by Belknap.

The Hippocratic Oath may read "do no harm." But it says nothing about hurting impeachment.

Republicans made impeachment of Mayorkas the touchstone of the 119th Congress. And after much braying about the border, the performance of Mayorkas and a myriad of other grievances, the House GOP stumbled when it really mattered. 

It failed to impeach Mayorkas.  

The vote was tight. Tighter than a new pair of shoes on a rainy day, as yours truly said live on the air during the vote.

215 yeas. 215 nays.

Three Republicans voted nay: Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-Calif.) and Ken Buck (R-Colo.). 

But by rule, a tie vote loses in the House. 

Suddenly House Republican Conference Chairman Blake Moore (R-Utah), the fifth highest-ranking GOPer, switched his vote to nay.

Four Republican noes! 

The vote tally flipped to 214 yeas to 216 nays.

The gig was up. The House would not impeach Mayorkas.

SEN. RAND PAUL SLAMS GOP LEADERSHIP FOR 'DRAGGING' CAUCUS INTO 'DEAD' BIPARTISAN BORDER BILL WITH DEMOCRATS

So why would Moore, a senior member of the leadership, change his vote? A change of heart? Was this "Invasion of the Body Snatchers?" Was he turning rogue against his own party?

None of the above. 

Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk compared to the votes of Gallagher, McClintock and Buck. Moore wants to impeach Mayorkas. In fact, Moore’s maneuver preserved the Republican gambit to potentially impeach Mayorkas in the future.

To wit:

House rules enable any member on the PREVAILING side of a roll call vote (in this instance, the NAYS) to "move to reconsider" a vote. In other words, demand a re-vote. 

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. They opposed impeachment. So, someone on the GOP leadership needed to switch their vote to nay to potentially resuscitate the Mayorkas impeachment plan. 

Moore altered his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." House Republicans could summon the Mayorkas impeachment vote again. In fact, House Majority Leader Steve Scalise (R-La.) probably would have changed his vote had he been present. But Scalise is out for cancer treatments and has not voted this year. Republicans might have the votes when Scalise returns. Republicans could also have reinforcements if the GOP wins the special election on Long Island next week. Republicans hope GOP nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the vacant seat once held by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have the votes to impeach.

Scalise will be back. But if Suozzi defeats Pilip, it’s possible Republicans may never have the votes to impeach Mayorkas. 

House Republicans badly bungled impeachment. They violated a fundamental tenet of Capitol Hill.

It’s always about the math.  

The House took two roll call votes earlier on Tuesday. A total of 425 members in the 431 member House cast ballots. After the House finished a lengthy debate on impeaching Mayorkas, it was time to hold another vote series. However, Republicans made a decision not to vote on impeachment first. The House instead voted first on the "Chesapeake and Ohio Canal National Historical Park Commission Extension Act."

That proved to be a tactical error by the GOP. It created a false sense of security about the Mayorkas vote. 

Republicans wanted the House to vote first on the Chesapeake and Ohio Canal bill to get a sense of the universe of members voting. The canal bill would serve as a "test" vote to determine how many Republicans the majority could lose on impeachment.

Wise move. But it backfired. 

SENATE TO VOTE ON FUNDING FOR ISRAEL AND UKRAINE AS IMMIGRATION DEAL SET TO GO DOWN IN FLAMES

Putting the canal bill first may have sunk impeachment.

Cry me a river. 

The House approved the bill about the Chesapeake and Ohio Canal 427 to 2. So the total number of members voting rose from 425 earlier in the day to a new high-water mark of 429. There were two absences. Scalise and Rep. Al Green (D-Texas) who was out for surgery.

But that’s where the problem came. 

Republicans didn’t count on Green voting. Aides and medical attendants dramatically rolled Green into the Capitol in a wheelchair. He wore a blue hospital gown and tan footies. 

The universe of members casting ballots suddenly swelled to 430 as Green cast his ballot against impeachment. 

A senior House Democratic aide confided to Fox that putting the vote on the Chesapeake and Ohio Canal helped the Democrats "hide" Green. That lured Republicans into a state of illusory comfort. They thought they had the votes to impeach, unaware that Democrats were about to thwart them.

Green may have been prone on a hospital gurney earlier in the day. But that didn’t mean he couldn’t put impeachment to bed. 

"He made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by (Rep.) Marjorie Taylor Greene (R-Ga.), targeting a hard-working public servant like Secretary Mayorkas," said House Minority Hakeem Jeffries (D-N.Y.). 

Jeffries noted that he did not request that Green swoop in to short-circuit the impeachment vote. This was all on Green.

And so Republicans had a choice. Either let the vote fail 215-215. Or safeguard their options for later.

The GOP chose the latter.

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again and the House would have to take it up. But by maintaining the current articles, the GOP also conserves the current investigation, committee report and other documents. This also gives Republicans more credibility if and when they present their impeachment articles to the Senate during a possible trial.

The House has only defeated articles of impeachment once before. The House only adopted two of the articles of impeachment leveled against former President Clinton in December 1997.

So Republicans may try impeachment again in the future. Maybe Scalise is here. Maybe Pilip wins. But you can never know exactly how many people are going to show up in the House.

You try to get 431 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

So Republicans took a shot at Mayorkas. And missed.

For now.

As Churchill said, that must be an exhilarating feeling for Mayorkas. 

Republicans took their shot. And got no result.

Foiled by a man in a hospital gown.

Garland says special counsel probing Biden classified records has submitted report, under White House review

Attorney General Merrick Garland notified congressional lawmakers that Special Counsel Robert Hur has submitted his final report after months of investigating President Biden’s alleged improper retention of classified records.

Garland, in a letter to House Judiciary Committee Chairman Jim Jordan, Ranking Member Jerry Nadler, Senate Judiciary Committee Chairman Dick Durbin and Ranking Member Lindsey Graham, Garland said Hur submitted the final report on Feb. 5 to the Justice Department.

BIDEN CAMP REPORTEDLY FEARS PHOTOS FROM SPECIAL COUNSEL CLASSIFIED DOCS PROBE COULD DEVASTATE REELECTION BID

"Prior to submitting his report to me, Special Counsel Hur engaged with the White House Counsel’s Office and President’s personal counsel to allow comments on the report," Garland wrote. "That included review by the White House Counsel’s Office for executive privilege consistent with the President’s constitutional prerogatives."

Garland, though, said the White House’s privilege review "has not yet concluded." 

"As I have made clear regarding each Special Counsel who has served since I have taken office, I am committed to making as much of the Special Counsel’s report public as possible, consistent with legal requirements and Department policy," Garland wrote.

Garland vowed to "produce to Congress the report, its appendices, and the letter from counsel following completion of the White House’s privilege review." 

Hur has been investigating Biden’s improper retention of classified records since last year. Reports suggest there will be no charges filed against the president. 

Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.

A second stash of classified documents was also found inside the garage of the president’s home in Wilmington in December but revealed to the public earlier this month, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel.

Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home Friday, seizing additional classified records.

Biden has defended the storing of classified documents in the past.

"By the way, my Corvette is in a locked garage, so it's not like they're sitting out on the street," he once said.

But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.

When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.

BIDEN INTERVIEWED BY SPECIAL COUNSEL ABOUT CLASSIFIED DOCUMENTS

Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.

Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation – an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20, 2024. 

Biden's aides told Axios earlier this week that they are fearful former President Trump's campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the president’s classified records case, versus the handling of the Trump probe.

"Against the backdrop of former President Trump's indictment on charges of willful and deliberate retention of classified documents, the Biden team's drip, drip, drip of information made the discoveries seem even worse," he wrote in an op-ed.

Reports this week suggested the Biden campaign was concerned about potentially embarrassing photos included in Hur's expected report. 

The campaign was concerned that the images would show how Biden stored classified materials. The classified documents were carried over from Biden's time as former President Obama's vice president.

Hur interviewed Biden at the White House – an interview that lasted two days. The White House said the president’s interview with Hur was "voluntary."

Last year, House Oversight Committee Chairman James Comer, who is co-leading the impeachment inquiry against President Biden, began investigating whether the sensitive, classified documents Biden retained involved specific countries or individuals that had financial dealings with Biden family members or their related companies. 

Comer questioned why Biden would have kept certain classified materials and asked Hur to provide his committee with a list of the countries named in any documents with classification markings recovered from Penn Biden Center, Biden’s residence, including the garage, in Wilmington, Delaware, or elsewhere; and a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer's request. 

DHS Secretary Alejandro Mayorkas says he won’t resign if impeached

Homeland Security Secretary Alejandro Mayorkas tells Fox News he would not resign if he were to be impeached. 

Mayorkas, 64, made these comments to Fox News’ Matt Finn during a security presser in Las Vegas ahead of the Super Bowl on Sunday. 

"I’ll gladly answer it again. The allegations are baseless and I'm focused on the work, which was what brings me to Las Vegas today," Mayorkas said Wednesday. 

The comments come after a failed push by House Republicans to impeach the DHS secretary over his handling of the U.S.-Mexico border. 

Republicans were forced to shelve the priority after a few GOP lawmakers refused to go along with the party’s plan. 

‘PRO-LIFE SPIDERMAN' ARRESTED AFTER CLIMBING LAS VEGAS SPHERE DURING SUPER BOWL WEEK

The stunning roll call Tuesday fell just a single vote short of impeaching Mayorkas, stalling the Republicans' drive to punish the Biden administration over its handling of the U.S-Mexico border. 

With Democrats united against the charges, the Republicans needed almost every vote from their slim majority to approve the articles of impeachment.

House Speaker Mike Johnson's spokesman Raj Shah said they "fully intend" to reconsider the articles of impeachment against Mayorkas "when we have the votes for passage."

But the next steps are uncertain. In the end, three Republicans opposed the impeachment, and a fourth Republican switched his vote so that the measure could be revisited. The final tally was 214-216.

Not since 1876 has a Cabinet secretary faced impeachment charges, and it's the first time a sitting secretary faced impeachment — 148 years ago, Secretary of War William Belknap resigned just before the vote.

The Associated Press contributed to this report. 

Jefferies defend surprise appearance by Texas Democrat in failed Mayorkas impeachment vote

House Minority Leader Hakeem Jefferies, D-New York, defended the surprise appearance of fellow Democrat Rep. Al Green of Texas during Tuesday's vote that ultimately tanked a Republican effort to impeach Homeland Security Secretary Alejandro Mayorkas.

"It’s not our responsibility to let House Republicans know which members will or will not be present on the House floor on any other day or in connection with any given vote," Jeffries told reporters Wednesday in the Capitol, The Hill reported. 

Green, who was receiving health care at a hospital, appeared in the House chamber in a wheelchair wearing hospital garb to cast his ballot. The move surprised Republicans, who had little wiggle room after three of their own voted no. 

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

Fox News Digital has reached out to Green's office. 

The vote was 216-214. Lawmakers voted on a resolution combining two articles of impeachment accusing Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

They were Reps. Tom McClintock, R-Calif.; Ken Buck, R-Colo.; and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

SEN. TIM SCOTT A ‘HADES NO’ ON SENATE BORDER, IMMIGRATION DEAL

"We can basically … look at this as a game, unfortunately, and their strategy. And they hid one of their members, waiting to the last minute, watching to see our votes, trying to throw us off on the numbers that we had versus the numbers they had," Rep. Marjorie Taylor Greene, R- Georgia, said. "That was a strategy at play tonight."

Jefferies said Green wasn't coerced by his Democratic colleagues to participate in Tuesday's vote. 

"He has told his story directly and he made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by Marjorie Taylor Greene, targeting a hard-working public servant like Secretary Mayorkas," Jeffries said.

While speaking to reporters, House Speaker Mike Johnson, R-Louisiana, said the vote was changed when "people who show up when they’re not expected to be in the building."

Fox News Politics: Losing to ‘none of these’

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? 

- Senate tanks border deal

- McConnell scoffs at GOP critics as deal collapses

- Biden leads Trump in 2024 poll if the former president is convicted

During Nevada's unusual dual primary-caucus election, Nikki Haley was the only candidate on the GOP primary ballot. Despite that, she suffered a landslide loss against another option on the ballot as about two thirds of Republican voters selected "None of these candidates." 

Nevada's Tuesday primary had a Democratic and a Republican ballot, but the GOP isn't awarding any delegates from the election. Instead, Nevada Republicans will hold its traditional caucuses on Thursday — where Haley will not be on the ballot.

Haley's did not spend any measurable money or resources on campaigning in Nevada, but the symbolic loss was quickly used against her.

A number of Trump's supporters took to X to rub salt in Haley's wound, including former 2020 Trump campaign official Marc Lotter, who wrote: "Nikki Haley lost New Hampshire by 11% to Trump. Nikki Haley lost Nevada by 30% to LITERALLY NO ONE! Nikki Haley is losing [her] home state by 27%. How does she go on?"

FLAG ON THE PLAY: Biden dodging Super Bowl interview draws questioning about his campaign strategy …Read more

KEY WITNESS: Tony Bobulinski to testify as part of Biden impeachment inquiry …Read more

BIDEN THE BASHER: Biden's reported profanity about opponents in private cuts against civility message …Read more

'SHORT-SIGHTED': Biden admin unveils eco regulations cracking down on manufacturing, energy …Read more

DOWN IN FLAMES: Senate rejects border deal ...Read more

'THEY HAD THEIR SHOT': McConnell scoffs at GOP critics after border deal collapse …Read more

'DISCORD AND STRIFE': Sen. Paul attacks GOP leadership over bipartisan border deal: 'Current law is sufficient' …Read more

SECRET HOSPITALIZATION: House lawmakers to grill Defense Secretary Lloyd Austin …Read more

'CLEAR VIOLATION': Top House Dem faces renewed ethics complaint over wife's $1.5M stock payday …Read more

SCHUMER'S PLAN B: As Senate border deal goes down in flames, Dems prep backup plan …Read more

'DANGEROUS NEW PRECEDENT': These Republicans voted against Mayorkas impeachment …Read more

‘TYRANNICAL’: Blue state advances bill to boot Trump from ballot ...Read more

ALL TIED UP: Biden-Trump and Biden-Haley November showdowns all knotted up …Read more

POLLING WOES: Kamala Harris ratings plummet ahead of 2024 presidential election …Read more

'ESPECIALLY CONCERNING': New poll shows Democrats hitting historic lows with 2 key groups they historically rely on …Read more

'CAN'T HIDE': Haley mocks Trump in effort to entice debate with former president ahead of South Carolina primary …Read more

CHANGE COMING: Trump recommends replacement for Ronna McDaniel at RNC: Source …Read more

FLORIDA ABORTION: Florida Supreme Court will decide whether abortion amendment belongs on November ballot …Read more

'DOUBLE STANDARDS': Justice Thomas ally says media, Dems are trying to push him to recuse himself before Trump ballot arguments …Read more

'GIVE ME A BREAK': Conservatives respond after Biden says Trump is the 'only reason' the border is not secure …Read more

ASSAULT ON SCIENCE: Abortion pill study unlawfully retracted, according to authors …Read more

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

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

Mitch McConnell scoffs at GOP critics after his border deal collapses: ‘They had their shot’

Senate Minority Leader Mitch McConnell brushed off backlash from his GOP critics after support for his bipartisan border deal collapsed on Wednesday.

Sen. Ted Cruz, R-Texas, called for McConnell to resign this week and argued that the border deal was far too weak to be acceptable. McConnell said his detractors are ignoring the reality of politics and compromise.

"I’ve had a small group of persistent critics the whole time I’ve been in this job. They had their shot," McConnell told Politico on Wednesday, referring to an attempt to replace him as leader in 2022.

"The reason we’ve been talking about the border is because they wanted to, the persistent critics," he continued. "You can’t pass a bill without dealing with a Democratic president and a Democratic Senate."

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

When asked on Tuesday specifically about Cruz's call for him to resign, McConnell responded with his typical deadpan humor.

"I think we can all agree that Senator Cruz is not a fan," he told reporters.

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

Cruz is not the only Republican senator speaking out, however. Sen. Mike Lee, R-Utah, campaigned against the border bill and has called for "new leadership" in the party. Sen. Ron Johnson, R-Wis., was similarly frustrated.

"I’ve been super unhappy since this started," Johnson told Politico. "Leader McConnell completely blew this."

Cruz said the bill, crafted by Sen. James Lankford, R-Okla., Sen. Chris Murphy, D-Conn., and Sen. Kyrsten Sinema, I-Ariz., "codifies" Biden's penchant to allow a porous border and "normalizes" 5,000 illegal migrants per day.

EX-ICE CHIEF SCOFFS AT KATHY HOCHUL'S SUDDEN MIGRANT OUTRAGE

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden.… So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," he told Fox News on Wednesday morning.

CLICK TO GET THE FOX NEWS APP

The GOP infighting comes as the U.S. Customs and Border Protection announced 1 million border encounters since Oct. 1, the beginning of fiscal year 2024. The CBP reached the 1 million mark faster than any other year.

Former Hunter Biden associate Tony Bobulinski to testify behind closed doors part of impeachment inquiry

EXCLUSIVE: Tony Bobulinski, a former business associate of Hunter Biden, is expected to testify behind closed doors on Capitol Hill next week as part of the House impeachment inquiry against President Biden, Fox News Digital has learned. 

A source familiar with the planning told Fox News Digital that Bobulinski will appear on Tuesday, Feb. 13 at 10 a.m. for his transcribed interview before both the House Oversight and Judiciary Committees. 

The source said his interview is expected to last eight hours. 

Bobulinski, who worked with Hunter Biden to create the joint-venture SinoHawk Holdings with Chinese energy company CEFC, said he met with Joe Biden in 2017. 

Bobulinski, in December, demanded Biden "stop lying" about that meeting and called on him to "correct the record."

"Why is Joe Biden blatantly lying to the American people and the world by claiming that he did not meet with me face to face?" Bobulinski told Fox News Digital in a statement. "He should call his son Hunter and brother Jim as they can remind him of the facts. The American people deserve the truth!"

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

He added: "I call on Mr. Biden to stop lying and correct the record."

Bobulinski said he is a "former decorated Naval Officer who was willing to die for this great country and held the highest security clearance issued by the Department of Energy."

Bobulinski worked with Hunter Biden to create the joint venture SinoHawk Holdings with Chinese energy company CEFC.

Despite Biden’s recent denials of involvement with his son’s business dealings, text messages dating back to May 2017 reveal that Biden met with Bobulinski months after he left the vice president's office. Fox News Digital first reported on the text messages and that meeting in October 2020.

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

Here are the 3 House Republicans who torpedoed Mayorkas’ impeachment vote

House Republicans were dealt a crushing defeat on Tuesday when a months-long effort to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis at the southern border failed – with three GOP lawmakers breaking ranks and voting against the measure.

The vote was 214-216. Lawmakers voted on a resolution combining two articles of impeachment that accused Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust." 

While the House voted mostly along party lines, with Democrats remaining united against the measure, three Republicans voted against it, with another lawmaker switching his vote at the last minute to allow for the resolution to be brought back to the floor.

THE HITCHHIKER'S GUIDE TO WHY REP. BLAKE MOORE FLIPPED FROM YEA TO NAY ON IMPEACHING MAYORKAS

Those who voted no were Reps. Tom McClintock, R-Calif., Ken Buck, R-Colo., and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

"Secretary Mayorkas is guilty of maladministration of our immigration laws on a cosmic scale. But we know that’s not grounds for impeachment, because the American Founders specifically rejected it," McClintock said on the House floor. "They didn’t want political disputes to become impeachment because that would shatter the separation of powers that vests the enforcement of the laws with the president, no matter how bad a job he does."

Gallagher said Mayorkas "has faithfully implemented President Biden’s open border policies and helped create the dangerous crisis at the southern border." 

"But the proponents of impeachment failed to make the argument as to how his stunning incompetence meets the impeachment threshold Republicans outlined while defending former President Trump," he said in a statement, warning that a lower standard wouldn’t secure the border, "and will set a dangerous new precedent that will be weaponized against future Republican administrations."

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

Buck was also critical of Mayorkas but did not believe the standard for impeachment had been met.

"In effect, we are now doing what we rightfully said House Democrats were doing in 2019 and 2021: pushing a partisan impeachment not based on what the Constitution actually states," he said in an op-ed for the Hill.

Meanwhile, Rep. Blake Moore, R-Utah, technically voted no but switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

The defeat marks a significant blow for House Republicans, who had pushed the impeachment of Mayorkas for over a year, and have accused him of disregarding federal law with "open border policies" that have worsened the ongoing crisis at the southern border.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

Democrats and DHS accused Republicans of running a politically motivated impeachment that had no constitutional basis.

"This baseless impeachment should never have moved forward; it faces bipartisan opposition and legal experts resoundingly say it is unconstitutional," DHS spokesperson Mia Ehrenberg said after the vote on Tuesday. "If House Republicans are serious about border security, they should abandon these political games and instead support the bipartisan national security agreement in the Senate to get DHS the enforcement resources we need."

"Secretary Mayorkas remains focused on working across the aisle to promote real solutions at the border and keep our country safe," she said.

Republicans, however, indicated that they would likely vote again on the resolution when Rep. Steve Scalise, R-La., returns from cancer treatment.

"While I’m disappointed in the outcome of today’s vote, this is not the end of our efforts to hold Secretary Mayorkas accountable," House Homeland Security Chair Mark Green, R-Tenn., said in a statement. "I look forward to Leader Scalise’s return."

Fox News' Elizabeth Elkind and Chad Pergram contributed to this report.

CBP migrant encounters already exceed 1 million since October

U.S. Customs and Border Protection has tracked over 1 million migrant encounters since Oct. 1st, when fiscal year 2024 began, a CBP source told Fox News Digital on Wednesday, the earliest this mark has ever been reached.

The number is roughly 100,000 encounters higher than the same period last year, when the U.S. saw 908,000 encounters. This is the earliest the U.S. has ever reached the 1 million encounter mark, according to the CBP source.

The U.S. is also tracking a higher number of Chinese migrants crossing the border. Chinese illegal immigrants made up the fastest-growing group of border crossers last year, and fiscal year 2024 is on track to shatter that record.

The CBP encountered over 37,000 Chinese migrants last year, but they have already encountered nearly 20,000 since October. The CBP source says they have encountered roughly 150 Chinese migrants per day this fiscal year.

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The news comes just after a bipartisan immigration bill crashed and burned in Congress this week.

Sen. Ted Cruz, R-Texas, and other critics of the bill argued that it would "normalize" 5,000 border encounters each day.

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"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden…. So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," Cruz told Fox News on Tuesday.

The House of Representatives also failed to impeach Homeland Security Secretary Alejandro Mayorkas in a vote on Tuesday.

The House voted mostly along party lines, but Republicans suffered a number of defections that torpedoed the 216-214 vote. Four Republicans ultimately voted no: Rep. Tom McClintock, R-Calif., Ken Buck, R-Colo., Mike Gallagher, R-Wis., and Blake Moore, R-Utah, who switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

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Lawmakers voted on a resolution combining two articles of impeachment that accused Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust." A Cabinet secretary has not been impeached since 1876, when Secretary of War William Belknap was impeached.

Border crossings have set several records in recent months. December saw 302,000 migrant encounters alone, the highest total for a single month ever recorded. It was also the first time a monthly total had exceeded 300,000.

Fox News' Adam Shaw and Elizabeth Elkind contributed to this report