The Hitchhiker’s Guide to why Rep. Blake Moore flipped from Yea to Nay on impeaching Mayorkas

Posted on February 7, 2024 by Latest Political News on Fox News

There were four Republicans who voted no tonight against impeaching Homeland Security Secretary Alejandro Mayorkas. Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-CA), Ken Buck (R-Colo.) and House Vice Conference Chairman Blake Moore (R-Utah) – a member of the Republican leadership.

But Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk. He’s not really against impeaching Mayorkas. Moore voted no so the Republican effort to impeach Mayorkas could live to fight another day.

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit:

Moore was on the board as a yea in favor of impeaching Mayorkas. But the GOP miscalculated how many yea votes that they had – as well as how many Democrats present and available to vote no.

The current breakdown in the 431 member House is 219 Republicans to 212 Democrats with four vacancies.

Republicans can only lose three votes. But that’s if all of their members are present. House Majority Leader Steve Scalise (R-La.) has not voted all year due to cancer treatments. Scalise tells FOX he will be back soon.

So as soon as the Mayorkas impeachment vote went to 215-215, the gig was up for impeaching Mayorkas.

At least on Tuesday night.

By rule, a tie vote loses in the House. So the Mayorkas impeachment effort was going down to defeat.

Only on one occasion before has the House ever defeated articles of impeachment. In December 1997, the House only adopted two of the articles of impeachment leveled against former President Clinton.

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

So what were Republicans to do in order to salvage their impeachment gambit?

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. So, it fell to a member of the House GOP brass.

Moore changed his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." This preserved the option for House Republicans to summon the vote again. Perhaps when Scalise is back. Or if Republicans win the special election on Long Island next week. The GOP hopes that Republican nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the seat vacated by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have some reinforcements to impeach…

Of course, that presumes that other Republicans aren’t absent that day.

As I always say, YOU try to get more than 400 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.

TOP REPUBLICAN SAYS DEMS 'WILL ANSWER' AT BALLOT BOX FOR NOT BACKING MAYORKAS IMPEACHMENT

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again right away and the House would have to take it up. But by preserving the impeachment investigation, committee report and other documents, the maneuver by Moore enables the Republican leadership to preserve the impeachment gambit launched by the Homeland Security Committee – and try again. Maintaining that more exhaustive impeachment plan will also give the GOP more credibility if and when they present their impeachment articles to the Senate for a possible trial.

Moreover, having a key member change their vote to potentially order a re-vote in the House is rare. It happens with some degree of regularity in the Senate. Over the years Senate Majority Leader Chuck Schumer (D-N.Y.), Minority Leader Mitch McConnell (R-Ky.) and the late Senate Majority Leader Harry Reid (D-Nev.) would often be compelled to change their votes from yes to no – in order to call for a re-vote on a failed issue.

Moore’s effort was not unprecedented in the House. But something seen more often across the Capitol dome in the Senate.

House fails to impeach DHS Secretary Alejandro Mayorkas in major blow to GOP

Posted on February 6, 2024 by Latest Political News on Fox News

The Republican-led House of Representatives on Tuesday failed to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis at the southern border – marking a major blow for House Republicans who have pushed for Mayorkas' removal.

The House voted mostly along party lines, but Republicans suffered a number of defections that torpedoed the 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.

But Democrats remained united. The vote was 216-214. 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.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

The move is a crushing defeat for the Republican majority, which held hearings throughout 2023 on Mayorkas' "dereliction of duty" and additional hearings on the impeachment articles themselves earlier this year. Lawmakers accused Mayorkas of disregarding federal law with "open border policies" that have made the ongoing crisis at the southern border worse. They have pointed to the rolling back of Trump-era policies, like border wall construction and "Remain in Mexico," and reducing interior enforcement and expanding "catch-and-release." They say it has fueled record numbers at the southern border, breaching the 300,000 mark in December.

"Under Secretary Mayorkas’ watch, Customs and Border Protection has reported more than 8.5 million encounters at our borders, including more than 7 million apprehensions at the southwest border," Homeland Security Committee Chair Mark Green, R-Tenn., said on the House floor. "Even more terrifying is the approximately 1.8 million known gotaways that Border Patrol agents detect but are unable to apprehend. Millions of those inadmissible aliens who are encountered are eventually released into our communities. This has never happened before in our history. And it doesn’t happen by accident."

Green said Republicans had been left with "no other option" than to proceed.

"We, the people's representatives, have no opinion, no option but to exercise this duty when branch officials blatantly refuse to comply with the laws we have passed threaten the separation of powers, imperiled the constitutional order, and expose Americans to untold suffering and death," he said.

Democrats and the administration have painted the impeachment push as politically motivated on nothing more than policy disagreements, and nothing that approaches high crimes and misdemeanors.

"Far from alleging high crimes and misdemeanors, this resolution relies on the same tired and untrue Republican talking points that Democrats have demonstrated for months are not true," said Rep. Pramila Jayapal, D-Wash.

Homeland Security Committee ranking member Bennie Thompson, D-Miss., called the push a "travesty" and an "affront to the Constitution."

"Rather than doing what's right for America because it's clear that Republicans have failed to make the case for impeachment. They have failed to articulate a single high crime and misdemeanor. The other side of the aisle reeks of desperation," he said.

Mayorkas himself has attacked the push against him, calling the allegations "false" and "baseless."

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

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said.

DHS has pointed to more than 500,000 removals since May and record seizures of fentanyl at the border to counteract claims that it has pursued open border policies. It has also called on Republicans to provide more funding and to work with the administration to fix a "broken" immigration system. It had highlighted Republicans and former DHS officials who have opposed the impeachment effort.

"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.

Democrats, meanwhile, were gleeful at the defeat for the majority.

"House Republicans just tried to impeach Secretary Mayorkas purely as a political stunt: AND THEY FAILED," Jayapal said on X, formerly known as Twitter. "As they keep wasting their time in the majority, Democrats will continue working for the American people."

However, at least one Republican suggested the fight might not be over.

"I will not STOP until Secretary Mayorkas is IMPEACHED," Rep. Tony Gonzales, R-Texas, posted. "House Republicans will hold the administration accountable, no matter how many votes it takes!"

Top Republican says Dems ‘will answer’ at ballot box for not backing Mayorkas impeachment

Posted on February 6, 2024 by Latest Political News on Fox News

House Majority Whip Tom Emmer on Tuesday predicted Democrats will pay at the ballot box for failing to back the impeachment of DHS Secretary Alejandro Mayorkas, ahead of a vote on impeachment articles later in the evening.

"I think the Democrats are making a mistake once again, especially some of the folks in South Texas, some of the people in New York and other states where immigration has become a huge issue, Illegal immigration. I think they're making a mistake by not supporting this. And they will answer for that at the ballot box," he said.

Emmer spoke to Fox News Digital ahead of votes on two articles of impeachment which accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure and closed and that DHS is in operational control of the border.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT ‘FANTASY’

The vote is expected to go mostly along party lines, but Republicans have so far seen two lawmakers announce they will be voting against the articles. Rep. Tom McClintock, R-Calif., issued a scathing statement against the articles earlier Tuesday, while Rep. Ken Buck, R-Colo., is also expected to vote against the legislation. The House majority is slim and Republicans can only afford three defections if all lawmakers are present and all Democrats vote against impeachment.

Emmer says he doesn’t share whip counts with anybody, but rejected criticism that Republicans were impeaching Mayorkas over policy differences and said that the House will "perform our constitutional obligation tonight."

"This literally is about somebody who has willfully, willfully, and systematically, created an agency's ability to subvert our laws. They are literally violating our laws," he said.

HOUSE TEES UP VOTE ON IMPEACHING MAYORKAS OVER BORDER CRISIS

Republicans have accused Mayorkas and the administration of fueling the crisis with "open border" policies including "catch-and-release," reduced interior enforcement and the rolling back of Trump-era policies they believe helped secure the border. Mayorkas has denied those claims even amid record numbers at the border, and found support from Democrats and some former DHS officials among others. Former Bush-era DHS Secretary Michael Chertoff recently called on Republicans to "drop this impeachment charade" and work with Mayorkas to solve the crisis.

Mayorkas himself defended himself against impeachment last week in a letter to Republicans, in which he slammed the allegations as "false" and "baseless" and called on Congress to reform a broken system and provide more funding.

Should Mayorkas be impeached it’ll be the first such impeachment of a cabinet secretary since the 1800s.

"This vote is appropriate because of the individual who has purposely, willfully violated the law, and refused to do his job," Emmer told Fox. "I think that's one, but two, it's also the only thing we can do at this point. It's the only tool we're left with. Because, we have got a White House that refuses to do anything, and we have one-half of one-third of government."

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

Meanwhile, in the upper chamber, a Senate border deal announced this week has faced significant opposition in the House -- but looks like it won’t even make the chamber amid massive opposition in the Senate as well.

Emmer said he was not surprised at the bill's struggles, and took aim at the inclusions in the package -- including the emergency border authority that would kick in to allow expulsions if there was a 7-day average of over 5,000 encounters a day.

"Five thousand a day before you have shutdown authority? One coming across the southern border is too many at this point and that just wasn't going to fly," he said. "I think the rumors we heard turned out to be true and worse. In effect, that bill is codified catch and release…it's making into law the very law that Mayorkas is violating."

"I think once the senators saw the text filing and read it, they realized how bad this was and this is not where the American people are. They're going to side with the American people instead of this lawlessness that we're seeing out of the Biden administration," he said.

Emmer stressed that a deal should deal with five issues he believes the House package dealt with: Restoring the Trump-era Remain-in-Mexico policy; reforming the broad use of humanitarian parole; restricting asylum laws; ending "catch-and-release"; and finishing the construction of a wall at the southern border.

"You've got to address those five things that are in H.R. 2. You have to have all well, maybe you can't get them all because we only have one-half of one-third of our federal government. But at a minimum, you should be restoring of remain in Mexico and you should be ending catch and release," he said.

Fox News' Elizabeth Elkind contributed to this report.

Karine Jean-Pierre blames GOP for failure to secure border despite Democrats being in charge on day 1

Posted on February 6, 2024 by Latest Political News on Fox News

White House Press Secretary Karine Jean-Pierre on Tuesday repeatedly blamed Republicans after the collapse of a bipartisan deal that paired border policy changes with billions in wartime aid for Ukraine.

Throughout the press conference, Jean-Pierre accused the GOP of playing games with national security and not having a spine for supporting the deal. She said President Biden, in contrast, had taken the border issue seriously "from day one."

"He said, ‘I’m going to put forward a legislation,' a comprehensive immigration legislation that was introduced more than three years ago … and [Republicans]," have failed to act, Jean-Pierre said when asked if President Biden bore some responsibility for the collapsed deal.

Later on, Fox News’ Peter Doocy pressed Jean-Pierre on the matter.

"So, you guys talk a lot – including today – about how the border wouldn’t be such a big deal if Congress would have just passed your immigration bill on day one," Doocy asked. "Who was in charge of Congress on day one?"

SEN. ROGER MARSHALL DEMANDS SOUTHERN BORDER CRISIS BE CLASSIFIED AS ‘AN INVASION’

Jean-Pierre said the Biden administration has called on Congress to act since Biden took office more than three years ago, but Republicans "have gotten in the way" of trying to fix the border by using the immigration crisis as a political stunt.

When President Biden took office, Democrats controlled both the House and the Senate. Republicans took back the House by a slim majority in the 2022 midterm elections.

After taking office, Biden signed two executive orders on immigration and pledged to roll back many of the policies put in place by his predecessor, former President Donald Trump. Within a few months, Biden took more than 90 actions related to the border.

Under the president’s stewardship, illegal immigration has skyrocketed to historic levels. The Immigration and Customs Enforcement (ICE) report for fiscal 2023 showed that the number of illegal immigrants on the non-detained docket soared from 3.7 million in FY 2021 to nearly 4.8 million in FY 2022 to nearly 6.2 million in FY 2023.

HOUSE CLEARS WAY TO ADVANCE IMPEACHMENT ARTICLES OF DHS SECRETARY MAYORKAS

The number of illegal immigrants being deported has increased, according to the report, but it is still a fraction of the increase in the illegal immigrant population. There were 142,580 removals in FY 23, up considerably from 72,177 in FY 22 and 59,011 in FY 21, but still down from the highs of 267,258 under the Trump administration in FY 19.

With the 2024 election looming, Biden has for months engaged in a plan to pair policies intended to curb illegal crossings at the U.S.-Mexico border with $60 billion in wartime aid for Ukraine. The bill would have also sent tens of billions of dollars more for Israel, other U.S. allies in Asia, the U.S. immigration system and humanitarian aid for civilians in Gaza and Ukraine.

But after Republicans backed away from the compromise, the president and Senate leaders are now stranded with no clear way to advance aid for Ukraine through Congress. They have run into a wall of opposition from conservatives — led by Trump — who reject the border proposal as insufficient and criticize the Ukraine funding as wasteful.

Biden laid the blame for the bill's demise squarely on Trump — his presumed Republican opponent in the November presidential election.

"For the last 24 hours he's done nothing, I'm told, but reach out to Republicans in the House and the Senate and threaten them and try to intimidate them to vote against this proposal," Biden said. "It looks like they're caving. Frankly, they owe it to the American people to show some spine and do what they know to be right."

Meanwhile, House lawmakers have cleared the way to advance an impeachment resolution against Homeland Security Secretary Alejandro Mayorkas, for alleging "refusing to enforce our nation's laws."

"An architect of destruction at our southern border, the secretary has caused serious injury to society, as the Founding Fathers discussed," Rep. McCaul, R-Texas, said in a statement.

Fox News’ Adam Shaw contributed to this report.

Mayorkas shows ‘willful ignorance’ of border crisis, GOP rep says as House tees up historic impeachment vote

Posted on February 6, 2024 by Latest Political News on Fox News

Congressional lawmakers weighed in on whether Homeland Security Secretary Alejandro Mayorkas has positively or negatively influenced border security ahead of the House's vote on his impeachment.

"I think that he’s violated the law on purpose," Rep. Matt Gaetz told Fox News. "I think he deserves impeachment for that."

WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE

But Rep. Lloyd Doggett called the impeachment case against Mayorkas "appalling."

"I think certainly one could look back on this time and recognize there are improvements that could have been made, but the idea of impeaching him under these circumstances at the very time he’s trying to develop a bipartisan agreement is appalling," the Texas Democrat said.

The Republican-led House Rules Committee voted 8-4 on Monday to send an impeachment case against Mayorkas to the full chamber for a vote. The two impeachment articles accuse Mayorkas of refusing to comply with federal immigration laws and violating the public's trust.

‘HE’S DELUSIONAL': BIDEN'S BORDER COMMENTS SPARK STIFF REBUKE ON CAPITOL HILL FROM SOME LAWMAKERS

The full chamber passed a motion for debate on Mayorkas' impeachment 216-209 Tuesday. A second series of votes will follow the debate. If the impeachment resolution passes, it will head to the Democrat-led Senate, where it's expected to fail.

"Mayorkas has not done his job," Rep. Doug LaMalfa said. "He can at least be fighting back, or he can resign the position if he feels the job he’s supposed to do isn’t being done or isn’t being allowed to be done."

"He’s not done his constitutional duty," the California Republican said. "It’s not a matter of incompetence. It’s a matter of willful ignorance."

BIDEN CLAIMS 'I'VE DONE ALL I CAN DO' TO SECURE THE BORDER

The vote came on the heels of the Senate's long-awaited bipartisan border security deal being revealed on Sunday, which sparked fierce condemnation from some House Republicans. Among other criticisms, House leaders said in a Monday statement that the bill would give too much authority to Mayorkas, who "has proven he will exploit every measure possible, in defiance of the law, to keep the border open."

ARIZONA BORDER COUNTY OFFICIAL'S BLUNT MESSAGE TO CONGRESS TO REJECT IMMIGRATION BILL: ‘SHUT DOWN THE BORDER’

Mayorkas has been "forcibly making the border wide open and endangering the American people," Rep. Chip Roy told Fox News.

There were over 2.4 million migrant encounters during fiscal 2023, up from roughly 1.7 million in 2021, according to Customs and Border Protection data. In December, they reached a record-high of 302,000.

I’m "disappointed from some of what I’ve seen from [Mayorkas], but I think that disagreement in terms of job performance is not an impeachable offense," Rep. Chris Pappas, a New Hampshire Democrat, said. "We should be giving him the tools he needs to do the job."

Constitutional scholars have criticized the impeachment push against Mayorkas. Alan Dershowitz, for example, called the charges against the Homeland Security secretary "vague," while Jonathan Turley said there's no "cognizable basis" for impeachment.

Pappas said Congress needs to step up to enact change at the southern border.

"We’ve got to have some order at the border," he said. "We also need greater investments. That’s where Congress comes in. We need to be a partner here."

Fox News Politics: Border nonstarter

Posted on February 6, 2024 by Latest Political News on Fox News

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 Republicans vow to block bipartisan border bill

- Court rejects Trump's immunity on Jan. 6 charges

- Nevada primary election underway

After weeks of negotiations, the Senate's much ballyhooed bipartisan border deal landed with a thunk.

Conservatives in the House and Senate have come out against the deal, and Senate Minority Leader Mitch McConnell didn't sound optimistic about the bill becoming law.

"I think in the end, even though the product is approved by the the border council that adores President Trump, most of our members feel that we're not going to be able to make a law here, and if we're not going to be able to make a law, they're reluctant to go forward," McConnell said Tuesday. The border bill was tied to aide to Ukraine and other priorities that McConnell and Schumer would have to find another way to pass.

Texas Sen. Ted Cruz said the border deal fiasco might mean it's time for McConnell himself to step down as leader.

Meanwhile, Homeland Security Secretary Alejandro Mayorkas revealed that he didn't know President Biden would start describing the border situation as a "crisis," according to reports.

"I will tell you that I am not focused on the words one uses," Mayorkas told the Washington Post. "I am focused on what we need to do. That is my focus. It is a very serious challenge. And we are focused on it every single day."

The House is moving forward with a vote to impeach Mayorkas.

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House clears way to advance impeachment articles of DHS Secretary Mayorkas

Posted on February 6, 2024 by Latest Political News on Fox News

House lawmakers on Tuesday cleared the way to advance an impeachment resolution against Homeland Security Secretary Alejandro Mayorkas.

The 215-207 floor vote came as the House adopted the "rule" to manage the debate on the measure.

The resolution affirms that Mayorkas "has willfully and systematically refused to comply with Federal immigration laws" by having repeatedly violated laws enacted by Congress regarding immigration and border security during his tenure.

If the vote goes through, Mayorkas would be the first Biden Cabinet official impeached in nearly 150 years.

This story is breaking. Please check back for updates.

GOP lawmaker on key immigration subcommittee slams Mayorkas impeachment ‘fantasy’ as vote count tightens

Posted on February 6, 2024 by Latest Political News on Fox News

A House Republican on a key immigration subcommittee announced Tuesday that he will vote against impeaching Homeland Security Secretary Alejandro Mayorkas, dealing a significant blow to GOP efforts to impeach the Biden official ahead of a vote expected later in the day.

"The only way to stop the border invasion is to replace the Biden administration at the ballot box. Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," Rep. Tom McClintock, R-Calif., who heads the Judiciary subcommittee on immigration, said on X, formerly known as Twitter.

Later on the House floor, he called it a "stunt."

HOUSE TEES UP VOTE ON IMPEACHING MAYORKAS OVER BORDER CRISIS

The House is expected to vote later on two articles of impeachment, which accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure and closed and that DHS is in operational control of the border.

McClintock’s "no" joins that of Rep. Ken Buck, R-Colo. Fox News Digital is also told that Rep, Mike Gallagher, R-Wis., also raised concerns about impeaching Mayorkas at a closed-door meeting of the House Republican Conference. The House majority is slim and Republicans can only afford three defections if all lawmakers are present and all Democrats vote against impeachment.

Should the impeachment push fail, it would signify an enormous blow to House Republicans who spent much of 2023 investigating Mayorkas for his handling of the crisis at the southern border, before referring articles to the House Homeland Security Committee late last year.

The committee advanced the two articles last week. If Mayorkas is impeached, then it will go to the Senate for a trial.

Speaker Mike Johnson said that he had spoken to McClintock and Buck about their objections to the move to impeach the Cabinet Secretary -- which would make it the first impeachment since 1876.

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

" I respect everybody's view. I understand the heavy weight that impeachment is…next to the declaration of war, I believe impeachment is probably the heaviest authority that the House has given in the Constitution," he said. "We carry that weight very carefully. What I will say about this Mayorkas impeachment is that the Homeland Security Committee has done an extraordinary job, a very deliberate job as you know over a long period of time.

Republicans have accused Mayorkas and the administration of fueling the crisis with "open border" policies including "catch-and-release," reduced interior enforcement and the rolling back of Trump-era policies they believe helped secure the border. They also accuse Mayorkas of not following immigration law, which they say demands the detention of illegal immigrants, and of failing to secure the border. Mayorkas has vigorously denied those claims.

"The constitutional case and evidence for impeaching Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is strong and compelling," Committee Chair Mark Green said in an op-ed for The Washington Examiner this week. "My committee’s nearly year-long investigation identified Secretary Mayorkas’ willful and systemic refusal to comply with U.S. immigration laws and his breach of the public trust as the primary drivers of the unprecedented crisis at America’s borders."

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

But the process has come under fire from the Department of Homeland Security, as well as House Democrats and some Republicans. They see a pre-determined politically motivated push for impeachment based on policy disagreements rather than high crimes and misdemeanors, and the Biden administration has instead pointed to efforts made to secure the border by Mayorkas -- including his role in a bipartisan Senate deal released this week. They have also pointed to more than 500,000 removals since May and record seizures of fentanyl at the border.

"House Republicans have failed to provide any legitimate Constitutional grounds for impeachment according to countless legal experts of diverse political views, House Republicans’ own prior impeachment witness, and their fellow GOP Members," DHS officials said in a recent memo.

Mayorkas himself defended himself against impeachment last week in a letter to Republicans, in which he slammed the allegations as "false" and "baseless."

Other voices against the impeachment of Mayorkas include Jonathan Turley, who was a witness for the House majority earlier this year, and Alan Dershowitz, who was former President Trump’s defense lawyer during the first impeachment effort against him. Former Bush-era DHS Secretary Michael Chertoff recently called on Republicans to "drop this impeachment charade" and work with Mayorkas to solve the crisis.

Trump not immune from prosecution in 2020 election case, federal appeals court rules

Posted on February 6, 2024 by Latest Political News on Fox News

Former U.S. President Trump is not immune from prosecution in the 2020 federal election case, a federal appeals court ruled Tuesday.

The U.S. Court of Appeals - D.C. Circuit considered Trump’s claim of presidential immunity from prosecution for his actions in office, including his alleged role in overturning his 2020 election loss, ultimately saying it was "unpersuaded by his argument" and ruled a case against him can proceed.

"We have balanced former President Trump’s asserted interests in executive immunity against the vital public interests that favor allowing this prosecution to proceed," the court wrote in its ruling Tuesday.

It determined: "We conclude that the interest in criminal accountability, held by both the public and the Executive Branch, outweighs the potential risks of chilling Presidential action and permitting vexatious litigation."

TRUMP TRIAL DELAYED IN CASE STEMMING FROM SPECIAL COUNSEL JACK SMITH'S JAN. 6 INVESTIGATION

The legally untested question before the court is whether former presidents can be prosecuted after they leave office for actions taken in the White House related to their official duties.

Steven Cheung, Trump campaign spokesperson, said in a statement that the case will have far-reaching consequences, both for Trump and all future presidents.

"If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party," he said. "Without complete immunity, a President of the United States would not be able to properly function!"

The Trump campaign spokesperson added: "Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution."

Special counsel Jack Smith initially indicted Trump on Aug. 1, 2023.

In the case, Trump claimed both that he had presidential immunity and that the case violated a double jeopardy clause, as he was impeached by the U.S. House of Representatives over his alleged involvement. He was later acquitted after the U.S. Senate did not vote to convict him of the charge.

The two defenses were among four arguments Trump's legal team pursued in arguing the court should reject the case.

In Dec. 2023, U.S. District Judge Tanya Chutkan, who is presiding over the case, rejected Trump’s arguments, saying the office of the president "does not confer a lifelong ‘get-out-of-jail-free’ pass."

In the federal appeals court's Tuesday ruling, it mentioned Trump's impeachment case but similarly rejected these claims of immunity and double jeopardy.

It concluded that "concerns of public policy, especially as illuminated by our history and the structure of our government," as argued by the prosecution, compel "the rejection of his claim of immunity in this case."

And, it wrote: "We also have considered his contention that he is entitled to categorical immunity from criminal liability for any assertedly ‘official’ action that he took as President — a contention that is unsupported by precedent, history or the text and structure of the Constitution. Finally, we are unpersuaded by his argument that this prosecution is barred by ‘double jeopardy principles.’ Accordingly, the order of the district court is AFFIRMED," it wrote.

Fox News contributor Jonathan Turley said the outcome is not particularly surprising to legal experts but that it could impact or expedite the legal schedule for Trump, who continues to seek re-election.

The former president is expected to appeal the decision, putting his case — the first of its kind — before the country's highest court.

Trump has up to 90 days to appeal the decision to the U.S. Supreme Court.

The trial date carries enormous political ramifications and Trump hopes an eventual decision will be delayed until after the November election.

Should that happen and if Trump defeats President Biden, he could presumably try to use his position as head of the executive branch to dismiss the case. He could also potentially seek a pardon for himself, although such a situation has no precedent.

After Chutkan's decision in Dec., Trump’s lawyers appealed to the D.C. appeals court.

At the same time, Smith asked the Supreme Court last month to weigh in first, hoping it would take up the matter quickly and issue a speedy ruling.

The Supreme Court appeared to signal that it preferred to stay out of the process when it rejected the request.

Fox News' Paul Steinhauser, Jake Gibson, and The Associated Press contributed to this report.

House tees up vote on impeaching Mayorkas over border crisis

Posted on February 6, 2024 by Latest Political News on Fox News

House Republicans are moving toward a chamber-wide vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas over the border crisis.

A Cabinet secretary has not been impeached since 1876.

Mayorkas is facing two impeachment articles, one that accuses him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Those articles passed out of the House Rules Committee on a party-line 8-4 vote Monday evening. That sets up a procedural rule vote that, if passed, will be followed by a House floor debate and then a final impeachment vote.

Three sources told Fox News Digital on Monday afternoon that they expect that vote to come Tuesday.

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House GOP leaders have accused Mayorkas of willfully disregarding existing federal laws and making deliberate policy decisions that have made the crisis at the U.S.-Mexico border worse.

Democrats, meanwhile, have painted Republicans’ impeachment push as political and argued the impeachment articles have no basis.

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But the effort has served to largely unite what’s been a very divided House GOP conference this term. Even moderates from districts where President Biden won in 2020, like Rep. Don Bacon, R-Neb., have said they’d support Mayorkas’ impeachment.

It’s a good sign for Speaker Mike Johnson, R-La., who will need every Republican vote he can get to pass the historic measure. He’s presiding over a razor-thin House GOP majority, but the expected returns this week of Majority Leader Steve Scalise, R-La., and Rep. Hal Rogers, R-Ky., from medical absences will give him slightly more wiggle room.

At least one House Republican is against the impeachment push so far, while at least four more were undecided as of late last week.

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Rep. Ken Buck, R-Colo., told reporters last week that he was a "solid" no against impeaching Mayorkas. Buck criticized the Biden official for his handling of the southern border crisis but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense."

Mayorkas himself slammed the impeachment articles as baseless accusations in a letter to House Homeland Security Secretary Mark Green, R-Tenn., last week.

The impeachment proceedings will be a stark juxtaposition to Senate leaders' efforts to pass a bipartisan border security deal this week, talks which Mayorkas has been a part of.