Democrat Rep Eric Swalwell calls House Republicans’ impeachment inquiry a ‘continuation of the insurrection’

Democrat Rep. Eric Swalwell, D-Calif., called the GOP House-led impeachment inquiry into President Biden a "continuation of the [Jan. 6] insurrection" during an interview Sunday.

"Many of [Kevin] McCarthy's folks go to the January 6 prisoners and visit them to give them comfort and aid, and so they've never accepted President Biden as a legitimate president," Swalwell said to MSNBC host Jen Psaki. "And this week, even as we are hurtling toward a shutdown, they'll hold impeachment proceedings, which is just a continuation of the insurrection — and so this is all about just putting Donald Trump in charge."

Psaki asked Swalwell — who sat on the Jan. 6 House committee — what he thinks of former PresidentTrump’s purported role in the House’s decisions. The Democrat congressman said, "Donald Trump and McCarthy and the other pro-insurrection Republicans have never accepted Joe Biden as the president."

"The House, unfortunately, has become a law firm with just one client, Donald Trump," he said.

SWALWELL, NEHLS CLASH AT CHILD MIGRANT HEARING OVER ALLEGED CHINESE SPY TIES: 'YOU DON'T GET TO SAY THAT S---'

The House is probing Biden’s foreign business ties with his son, Hunter, in Ukraine and China. Republicans hope to unearth bribery negotiations that suggest Biden leveraged his position as then-vice president under former President Obama for personal gain.

House Oversight Committee Chairman James Comer, R-Ky., will lead the inquiry alongside House Oversight Committee Chairman Jim Jordan, R-Ohio, and Ways and Means Committee Chairman Jason Smith, R-Mo.

ERIC SWALWELL DENIES WRONGDOING IN CHINESE SPY SCANDAL

House Republicans, led by Speaker Kevin McCarthy, R-Calif., will hold their first impeachment inquiry hearing to investigate allegations of corruption and abuse of power against President Biden on Thursday.

"Kevin McCarthy is a spectator speaker. He may have the title, but Donald Trump and Marjorie Taylor Greene and Matt Gaetz, they all share the job," Swalwell said.

Swalwell’s comments come as time is ticking in the House to reach a spending deal before funds run out from the previous fiscal year and the government shuts down on Saturday.

COMER TO PURSUE HUNTER, JAMES BIDEN PERSONAL BANK RECORDS AS NEXT STEP IN IMPEACHMENT INQUIRY

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Meanwhile, Rep. Tim Burchett, R-Tenn., said on CNN’s "State of the Union" he would "look strongly at" ousting McCarthy from speakership if he doesn’t pass the 12 appropriation bills needed to fund the government.

"They're all talking about this promise that he made with Biden a year ago — what about the promise we made to the American public that we were going to be responsible Americans?" Burchett asked CNN host Dana Bash.

Legal experts weigh in on Menendez indictment, suggest ‘monster’ charges point to likely conviction

Sen. Bob Menendez, D-N.J., has found himself caught up in a wave of legal troubles, and multiple legal experts told Fox News Digital that the "monster" indictment and strong evidence presented against him last week could likely result in a conviction at trial.

The Menendez indictment alleges that the senator and his wife, from at least 2018 through 2022, "engaged in a corrupt relationship" with three New Jersey businessmen.

"Today, I'm announcing that my office has obtained a three-count indictment charging Sen. Robert Menendez, his wife, Nadine Menendez, and three New Jersey businessmen, Wael Hana, Jose Uribe and Fred Daibes, for bribery offenses," U.S. Attorney Damian Williams for the Southern District of New York said at a press conference on Friday.

"I'm hard-pressed to think of an honest explanation for a senator having that amount of cash, gold and other items of value," said Philip Holloway, a criminal defense attorney and former assistant district attorney. "This case will be very difficult, if not impossible, to defend. I think this is the end of Menendez' time in the Senate and his days of breathing free air are likewise coming to an end."

MENENDEZ DEFIANT AS GROWING CHORUS OF DEMOCRATS CALL FOR HIS RESIGNATION

"Prosecutors went out of their way to be very specific and to even show some of the evidence and fruits of the alleged crime, such as cash and gold bars. Undoubtedly, there is more to this case that they have not yet revealed," Holloway added. "I suspect there may be audio recordings obtained via wire taps, electronic communications such as emails and text messages, and witness testimony from people with direct knowledge of relevant matters. In short, the indictment appears to be very strong."

According to the indictment, the couple accepted "hundreds of thousands of dollars of bribes in exchange for using Menendez's power and influence as a senator to seek to protect and enrich Hana, Uribe, and Daibes and to benefit the Arab Republic of Egypt."

The alleged bribes included gold, cash, payments toward a mortgage, compensation for a low-or-no-show job, a luxury car and "other things of value."

After an investigation began, Menendez disclosed that in 2020 his family accepted gold bars.

According to prosecutors, Menendez gave sensitive U.S. government information to Hana, an Egyptian-American businessman who "secretly aided the Government of Egypt."

Menendez allegedly pressured an official at the Department of Agriculture with the goal of protecting a business monopoly granted to Hana by the Egyptian government. In return, Hana allegedly kicked back profits from the monopoly to Menendez, the indictment states.

FBI agents found "approximately $500,000 of cash stuffed into envelopes in closets" and jammed into the senator's jacket pockets while executing a search warrant at Menendez's home, Williams said during the press conference.

Similar to that of Holloway, Joseph Tully, a criminal defense attorney out of San Francisco, said the "monster" indictment is "very strong" and concerning for Menendez.

DEMOCRAT SEN BOB MENENDEZ STEPS DOWN 'TEMPORARILY' AS CHAIR OF SENATE FOREIGN RELATIONS COMMITTEE

"The indictment charges Robert Menendez, his wife, Nadine Menendez, as well as three businessmen, Wael Hana, Jose Uribe and Fred Daibes, who are accused of being co-conspirators," Tully said. "Sen. Menendez faces up to 45 years if convicted of all charges."

"The indictment is very strong. Why? Because there is physical evidence presented in the indictment itself that you can put your finger on that points strongly to guilt," he added.

Like others who have processed the charges against the senator, Tully believes the case involving Menendez will be a "lengthy process."

"If I had to predict, I would say that the case will settle before trial in order to minimize incarceration time for Sen. Menendez, but this will be a lengthy process in part because the two sides will have to sort out what is real and what is overblown in the indictment," he said. "The government prosecutors will not want to budge, so the defense will have to keep hammering them with any investigation that they produce, which can undermine the prosecution’s accusations."

Echoing Holloway and Tully, David Gelman, a criminal defense attorney and former prosecutor, told Fox he believes, based on what has been revealed, that Menendez "should be very concerned right now about these charges."

Speaking to its strength, Gelman said the indictment "appears to be anchored by physical evidence" recovered from the senator's home.

Gelman also outlined how a prolonged Menendez downfall could impact the New Jersey Senate election next cycle should he not resign.

"The charges are extremely serious and directly touch upon his public office. However, it's not the first time the senator has faced such allegations. If he were to resign, then the governor could appoint a replacement until the end of his term," said Gelman. "If convicted, or if it keeps going, which it will, the Senate will go through impeachment hearings in the event he doesn’t resign. If he does not, and with an election looming, this could assist any Democrat challenger in the primary."

Making a similar point about the 2024 election, Tully said, "Looking at the political landscape, the Democrats will likely rally around their colleague and keep him in his post for as long as possible."

"They will most likely take a wait-and-see approach to any congressional sanction or discipline and wait until the criminal action has run its course," Tully added.

Gerard Filitti, senior counsel at The Lawfare Project, said the indictment "paints a pretty detailed, well-documented and damning picture of alleged malfeasance by the chairman of the powerful Senate Foreign Relations Committee, acting illegally for the benefit of a foreign government."

"At a time when the Department of Justice is under scrutiny for what some call a two-tiered system of justice, the allegations that Sen. Menendez sought to influence state and federal prosecutions in exchange for cash are particularly troubling," said Filitti. "That Menendez was advising the president on whom to nominate as a United States attorney also calls to question the impartiality of the federal criminal justice system."

Discussing Menendez's fate, as compared to past cases presented against the senator, Filitti said the evidence outlined in the indictment "speaks to a higher likelihood that [Menendez] would be convicted at trial."

5 EXPLOSIVE REVELATIONS FROM DEM SEN BOB MENENDEZ'S BOMBSHELL FEDERAL INDICTMENT

In agreement with many of her counterparts, Alexandra Wilkes, an attorney and Republican strategist, said she believes the "strong indictment" included "clear evidence of accepting bribes for political favors."

"What is so shocking is the senator's arrogance and brazenness. Meetings were conducted in the open, and payments and gifts were accepted directly without even the slightest effort to conceal them," Wilkes said.

For Wilkes, it's too early to determine whether Menendez will face jail time or be removed from office, but she noted that the "gold bars" and "money in jackets" is "cartoonishly bad – even by New Jersey standards."

Others, including Ken Belkin, a criminal defense and civil rights attorney in New York, say that betting against the senator in this case is not a wise position to take.

"He beat one federal indictment against all the odds, I wouldn't necessarily bet against him," said Belkin. "There is a sense of mistrust regarding federal prosecution among a large segment of the population."

Pointing to "spousal privilege" and highlighting the fact that "communications between husband and wife are typically privileged," Belkin suggested that issue will be "fertile ground for the defense to assert that privilege in order to make a motion to suppress some of the government's evidence."

At least a dozen New Jersey and national Democrats have called on Menendez to resign from office in the wake of the indictment.

The calls ramped up after New Jersey Gov. Phil Murphy, a Democrat, said the allegations that Menendez accepted hundreds of thousands of dollars in bribes in exchange for favors were "deeply disturbing" and that Menendez should immediately step down. Should Menendez resign, Murphy would appoint an interim senator to serve until Menendez's current term ends in 2025.

"These are serious charges that implicate national security and the integrity of our criminal justice system," Murphy said Friday. The governor emphasized that Menendez is innocent until proven guilty but noted that "the alleged facts are so serious that they compromise the ability of Sen. Menendez to effectively represent the people of our state. Therefore, I am calling for his immediate resignation."

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Menendez, who temporarily stepped down from his chairmanship of the Senate Foreign Relations Committee, has denied all wrongdoing and insisted that he will not resign.

"Those who believe in justice believe in innocence until proven guilty. I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades," Menendez said in a statement. "This is the same record of success these very same leaders have lauded all along. It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat. I am not going anywhere."

Fox News' Chris Pandolfo and Adam Sabes contributed to this report.

Top Republicans launch probe into Leonardo DiCaprio-funded blue state lawsuits against Big Oil

FIRST ON FOX: Two top Republican lawmakers are probing Sher Edling, a California-based law firm, over its dark money-fueled climate litigation against oil companies, Fox News Digital has learned.

In a letter sent to Sher Edling partners Vic Sher and Matt Edling on Monday morning, Senate Commerce Committee ranking member Ted Cruz, R-Texas, and House Oversight Committee Chairman James Comer, R-Ky., expressed concern about their firm's activities in targeting major energy companies nationwide. The GOP lawmakers further probed Sher Edling's relationship with a top Biden administration official over crafting climate policy.

"While people may use their resources to bring whatever cases they want — even those that may be so frivolous as to be sanctionable — it appears that left-wing funds are footing the bill for Sher Edling’s climate crusade," Cruz and Comer wrote in the letter obtained first by Fox News Digital. "Radical activists are backing these lawsuits, too."

"Sher Edling purports to be taking a righteous gamble that this ludicrous argument will pan out," they continued. "The firm shopped these lawsuits to jurisdictions around the country. And to convince them to sign up for what is likely to be very costly litigation, Sher Edling agreed to provide its legal service at no cost unless it obtained a 'settlement against the industry.'"

REPUBLICANS RAISE ALARM ON FAILED BIDEN NOMINEE WHO CONTINUES CRAFTING REGS TARGETING GAS-POWERED CARS

Cruz and Comer noted that Ann Carlson, the current acting administrator of the National Highway Traffic Safety Administration (NHTSA), worked as a consultant for Sher Edling before she joined the Biden administration. Fox News Digital previously reported that she helped raise money from donors for the firm's litigation, a scheme that involved famed actor Leonardo DiCaprio and helped recruit at least one state, Hawaii, to hire Sher Edling.

BIDEN NOMINEE COORDINATED DARK MONEY CLIMATE NUISANCE LAWSUITS INVOLVING LEONARDO DICAPRIO

They further pointed to Carlson's work in the administration in which she unveiled strict fuel efficiency regulations that experts said would push more Americans to buy electric vehicles.

"It appears that Ms. Carlson has moved from attacking traditional energy through litigation to attacking it through regulation," they wrote to Sher Edling's partners.

The Republicans then demanded Sher Edling provide them with details about Carlson's work with it in addition to a detailed accounting of the firm's funding.

Since 2016, the year Sher Edling was founded, the firm has pursued aggressive climate-related litigation on behalf of Delaware, Minnesota, Rhode Island, New Jersey, New York City, Washington, D.C., San Francisco, Baltimore, Honolulu and several local governments across the country. The first-of-their-kind lawsuits allege major oil companies like Chevron, ExxonMobil and Shell have deceived the public about climate change.

On its website, the firm says its climate practice seeks to hold oil companies accountable for the alleged "deception." It claims that the fossil fuel industry has known for decades that burning fossil fuels would cause global warming, thus making the industry responsible for mass human devastation caused by such human-induced climate change.

BIDEN NOMINEE WHO FAILED SENATE CONFIRMATION STILL LEADING ADMIN'S CRACKDOWN ON GAS CARS

The latest such "climate deception" lawsuit was filed by California this month. While it is unclear whether Sher Edling is involved in the case, California's arguments largely mirror those made by the firm in its litigation.

Sher Edling's more than 20 ongoing climate lawsuits, though, have received funding from a behemoth left-wing dark money apparatus, Fox News Digital previously reported. Since the firm was established, it has received millions of dollars through the discreet funding stream.

According to tax filings, between 2017 and 2020, the secretive Collective Action Fund for Accountability, Resilience, and Adaptation (CAF) wired more than $5.2 million to Sher Edling. Then, in 2021 alone, CAF funneled another $3 million to the firm.

CAF switched its fiscal sponsorship from the Resources Legacy Fund to the New Venture Fund (NVF), a nonprofit that is part of the left-wing Arabella Advisors network and which boasts deep connections to big-dollar Democratic Party donors, sometime in 2021. 

JUDGE PRESIDING OVER BIG OIL CLIMATE CHANGE LAWSUIT REVEALS CONNECTION TO PLAINTIFF'S ECO LAWYERS

"As a fiscal sponsor, NVF provides operational and administrative support, including compliance, financial, back office, legal and HR operations so advocates can focus on their mission," a New Venture Fund spokesperson previously told Fox News Digital. "We are proud to support Collective Action Fund’s important work."

While the source of the millions of dollars in funding for Sher Edling funneled through CAF remains unknown, Fox News Digital reported last year that prominent left-wing nonprofits have contributed to CAF. The Leonardo DiCaprio Foundation, Emmett Foundation, MacArthur Foundation, William and Flora Hewlett Foundation, Rockefeller Brothers Fund and JPB Foundation have sent money to CAF.

The Leonardo Dicaprio Foundation was particularly identified by officials involved in the funding scheme as a "serious" supporter.

"Some left-wing groups funnel millions to law firms to sue companies across the country on questionable legal grounds," Comer remarked during a Sept. 13 Oversight Committee hearing on third-party litigation funding. "They are trying to use the courts to put these companies out of business or limit their ability to bring new products to market."

"These activist groups will find plaintiffs and pour millions into claims against energy, mining and manufacturing companies to the detriment of consumers, innovation, national security, the workforce and even to plaintiffs themselves – all in the name of political activism," he continued. "These groups know that their tactics and goals are too extreme for the American people to support. So, rather than use the electoral process, they are implementing their agenda through litigation against both the public and private sectors."

Sher Edling and the NHTSA did not immediately respond to requests for comment.

Trump runs away with double-digit lead, new general election poll finds

Former President Donald Trump is currently leading President Biden by 10 points among voters, according to a new poll. 

The Washington Post and ABC released the poll Sunday, which found that if the 2024 presidential election were held today, Trump would win 52% to 42% over Biden. Respondents also held a poor view of Biden's handling of the economy and the U.S.-Mexico border, in addition to his age.

The Post downplayed the results of its own poll after it showed Trump with such a commanding lead, however.

"The sizable margin of Trump’s lead in this survey is significantly at odds with other public polls that show the general election contest a virtual dead heat," the Post wrote Sunday. "The difference between this poll and others, as well as the unusual makeup of Trump’s and Biden’s coalitions in this survey, suggest it is probably an outlier."

FOX NEWS POWER RANKINGS: THE FRONTRUNNER AND CONTENDERS IN THE 2024 GOP PRIMARY FIELD

Meanwhile, Biden's approval rating sits at 37%, according to the poll, while 56% of respondents actively disapprove of his presidency.

Biden is facing a crisis of confidence among his own party members as well, with roughly 60% of Democrat and Democrat-leaning respondents saying they would prefer a different nominee.

FOX NEWS POLL: MAJORITY THINKS TRUMP DID SOMETHING ILLEGAL, YET SAY INVESTIGATIONS POLITICALLY MOTIVATED

The critics cited Biden's age, his handling of the economy, and the ongoing border crisis as pain points with his administration.

House Speaker Kevin McCarthy's decision to launch an impeachment inquiry also polled well, with 58% of respondents saying that Biden is being held accountable under the law like any other president. Just 32% argued he was being unfairly victimized, the poll found.

Trump also holds an aggressive lead over Biden among younger voters, sporting a 20% lead over Biden among voters 35 and under.

TRUMP INDICTMENT REACTION FROM RIVALS RANGE FROM OFFER OF LEGAL ASSISTANCE TO CALL TO DROP OUT OF RACE

Age remains one of the most unpopular factors for Biden's re-election campaign, however. 70% of respondents said he is too old to hold office, while just 50% said the same of Trump.

Biden, 80, is the oldest person ever to run for president in the U.S., followed closely by Trump, 77. Biden would be 82 by the time he enters office for a second term.

WAPO/ABC conducted the poll from September 15-20, using a random sample of 1,006 U.S. adults and contacting them through both landlines and cellphones. The poll has a margin of error of 3.5%.

GOP congressman dismisses anti-McCarthy insurgents, says ‘95% should not cower’ to 5 people

Moderate lawmaker Rep. Don Bacon, R-Neb., said Saturday that threats from hardliners to unseat House Speaker Kevin McCarthy, R-Calif., were all bark and no bite.

Bacon told Fox News Digital that McCarthy is supported by some 200 Republicans in the House GOP conference and that a handful of insurgents, the loudest being Rep. Matt Gaetz, R-Fla., would only play into the Democrats' hands with an attempt to unseat the speaker.

"[Gaetz] represents two or three percent of the conference, frankly. And I do think a lot of the folks, partisan Democrats, want to see Matt force the issue because it creates problems for us," said Bacon, who represents Omaha and surrounding counties to the west. 

"The bottom line is the 95% should not cower to or be bullied by five people. We've got to do the right thing. Let's just work in a bipartisan manner to begin with and move these five people to the side and start governing for the country," he added. 

HOUSE ABRUPTLY CANCELS VOTES FOR THE WEEK WITHOUT SPENDING DEAL AFTER SERIES OF DEFEATS FOR GOP LEADERS

The immediate problem for House Republicans is the looming deadline to fund the government by Sept. 30. Divisions in the GOP conference derailed the annual defense spending bill last week, one of the 12 appropriations bills considered must-pass to prevent a government shutdown. 

Most of the disagreement is centered around whether to pass a stopgap funding bill extending the current year's spending agreements, known as a continuing resolution (CR), to fund the government for 30 days while lawmakers hash out a deal on 12 appropriations bills. 

GOP proposals for a CR have included deep spending cuts for those 30 days. But there are still several conservatives who said they would not vote for a CR no matter what, arguing it would extend the previous Democratic Congress's priorities.

Gaetz is one of them. He went to the House floor on Sept. 12 and threatened to bring up a motion to vacate the chair — which would remove McCarthy's gavel — "every day" so long last the GOP leader did not comply with his demands.

"No continuing resolutions — individual spending bills or bust. Votes on balanced budgets and term limits. Subpoenas for Hunter Biden and the members of the Biden family who've been grifting off of this country. And the impeachment for Joe Biden that he so richly deserves," Gaetz listed. "Do these things or face a motion to vacate the chair."

TRIPLE HOUSE MELTDOWN ON DEFENSE BILL MAY MARK THE WORST RUN FOR A HOUSE MAJORITY IN MODERN HISTORY

McCarthy accommodated hardliner demands to begin an impeachment inquiry against Biden but so far has not been able to come up with a deal on spending that Republicans can pass with their narrow majority. It only takes four dissenting GOP votes to block a bill from passing if Democrats unite in opposition. 

However, Bacon says Gaetz's threat is empty. "It only takes four Republicans to potentially put [McCarthy] at risk and lose the speakership, but the fact is they have no alternative," he said Friday in an interview on NBC's Meet the Press NOW. 

"They have nobody else that they can offer to put up there that the 200 of us would ever vote for," Bacon added. 

He said McCarthy's position is "secure" and suggested that were the speaker to ignore the five to 10 hardliners making demands and make a bipartisan spending deal, "you'd have some Democrats vote ‘present’ and not vote to vacate." 

THE SPEAKER'S LOBBY: THE HITCHHIKER'S GUIDE TO A POSSIBLE GOVERNMENT SHUTDOWN

"We have 5 people who want it their way or the highway," Bacon said. "The problem is the other 210 don't." 

Reached for comment, Gaetz said his efforts have forced conservative concessions from McCarthy. 

"In the last two weeks, Kevin McCarthy has relented on a number of fronts, most notably moving single subject spending bills (finally!). He didn’t do this because I just asked nicely," he told Fox News Digital. 

"Moreover, the premise of Mr. Bacon’s argument is that Democrats would save McCarthy. That would mean he works for them. I doubt that would sit well with Republicans in Pensacola or Omaha," Gaetz added. 

In response, Bacon said it was Gaetz and the other insurgents who were helping Democrats by voting against Republican appropriations bills and making demands that "keep growing." 

He said that a bipartisan group of lawmakers in the Problem Solvers Caucus would soon roll out the "Keep America Open Act" to fund the government with a continuing resolution, including money for disaster relief, border security, aid to Ukraine, and funds for the Federal Aviation Administration (FAA) and community health centers.

"The majority of Republicans have tried to push conservative bills, knowing it's going to the Senate," where Democrats have the majority, Bacon said. "But since we can't get five to 10 people on the team we need to get the best deal ew can get right now." 

"The rest of the conference can't put up with this crap, we've got to move forward." 

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

Media figures post identical ‘talking points’ equating Menendez indictment with Clarence Thomas accusations

Several left-wing activists and commentators took to social media to issue an identical message on Friday, equating the indictment of Sen. Bob Menendez, D-N.J., on bribery charges to alleged ethics violations by Supreme Court Justice Clarence Thomas.

The message, which suggest that either Menendez and Thomas should both step down from their roles or that Menendez should only be pushed to resign if Thomas does, came after it was alleged in a federal indictment that the New Jersey senator had accepted hundreds of thousands of dollars in bribes in exchange for favors.

"Here's the deal: Menendez resigns. Clarence Thomas resigns. One standard. Corruption is corruption," Washington Post columnist Jennifer Rubin wrote in a post to X, formerly known as Twitter.

Rubin's message was echoed by several others, including retired Lt. Col. Alexander Vindman, who served as a witness during the first impeachment proceedings of former President Donald Trump.

MENENDEZ DEFIANT AS GROWING CHORUS OF DEMOCRATS CALL FOR HIS RESIGNATION

"Clarence Thomas resigns. Menendez resigns. One standard. Corruption is corruption," Vindman wrote.

Several other accounts made posts with the same language, drawing criticism from conservatives across social media.

Blasting what appeared to be coordinated "talking points," conservative activist Melissa Tate responded to Vindman and said, "Justice Clarence Thomas ain’t going nowhere sir."

"Even the ‘Journalists’ gets their talking points from the regime," Tate wrote in another tweet that featured a screenshot of the identical language being used by different people.

The similarity between Menendez and Thomas that was drawn by Rubin, Vindman, and others comes after a ProPublica report earlier this year revealed that Thomas had received gifts from Republican mega-donor Harlan Crow without reporting them. His defenders, however, have argued that he has followed the court's reporting guidelines.

Several stories regarding Thomas and other Supreme Court justices have since followed, leading to left-wing attacks against the high court. In March, the New York Times reported that rules were modified to require justices and other federal judges to reveal more activities, such as private jet travel and visits to commercial properties.

CRITICS SLAM LATEST PROPUBLICA 'HIT PIECE' ON JUSTICE CLARENCE THOMAS

The Menendez indictment alleges that the senator and his wife, from at least 2018 through 2022 "engaged in a corrupt relationship" with three New Jersey businessmen.

"Today, I'm announcing that my office has obtained a three count indictment charging Senator Robert Menendez, his wife, Nadine Menendez, and three New Jersey businessmen, Wael Hana, Jose Uribe and Fred Daibes for bribery offenses," U.S. Attorney Damian Williams said at a press conference on Friday morning. 

According to the indictment, the couple accepted "hundreds of thousands of dollars of bribes in exchange for using Menendez's power and influence as a senator to seek to protect and enrich Hana, Uribe, and Daibes and to benefit the Arab Republic of Egypt."

The alleged bribes included gold, cash, payments toward a mortgage, compensation for a low-or-no-show job, a luxury car, and "other things of value."

After an investigation began, Menendez disclosed that in 2020 his family accepted gold bars.

According to prosecutors, Menendez gave sensitive U.S. government information to Hana, who's an Egyptian-American businessman, who "secretly aided the Government of Egypt."

Menendez allegedly pressured an official at the Department of Agriculture with the goal of protecting a business monopoly granted to Hana by the Egyptian government.

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In return, Hana allegedly kicked back profits from the monopoly to Menendez, the indictment states.

FBI agents found "approximately $500,000 of cash stuffed into envelopes in closets," and jammed into the senator's jacket pockets, while executing a search warrant at Menendez's residence, Williams said during the press conference.

Fox News' Adam Sabes and Chris Pandolfo contributed to this report.

Wisconsin Republicans move to impeach state elections czar

A group of Republican Wisconsin lawmakers on Thursday proposed impeaching the battleground state's top elections official as Democrats wage a legal battle to keep the nonpartisan administrator in office.

Democrats say the GOP-controlled state Senate acted illegitimately when it voted along party lines last week to oust Wisconsin Elections Commission Administrator Meagan Wolfe. In a lawsuit challenging the vote, Democratic Attorney General Josh Kaul accused Republicans of attacking the state's elections.

The resolution introduced Thursday by five Assembly Republicans makes Wolfe the second state official GOP lawmakers have threatened with impeachment this month. Assembly Speaker Robin Vos, Wisconsin's top Republican, created a panel last week to investigate the criteria for impeaching liberal Justice Janet Protasiewicz, whose installment in August tipped the Wisconsin Supreme Court to liberal control for the first time in over a decade.

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Wolfe has been targeted by conspiracy theorists who falsely claim she was part of a plot to rig the 2020 election in favor of President Joe Biden. The lawmakers proposing her impeachment have played a role in advancing those claims and some pushed to decertify the results of the 2020 election.

"A gaggle of well-known election deniers is once again attacking Meagan Wolfe, a nonpartisan election administrator who has served Wisconsin and our democracy with the utmost respect and dignity," Democratic Senate Minority Leader Melissa Agard said in a statement.

The 23-page impeachment resolution reiterates conspiracy theories about the 2020 election and faults Wolfe for election administration decisions that were made by elections commissioners. As the elections commission’s nonpartisan administrator, Wolfe has little decision-making power and instead implements decisions made by the three Democrats and three Republicans on the bipartisan commission.

WISCONSIN DEMOCRATIC GOV. EVERS’ SPECIAL ELECTION ON CHILD CARE, WORKER SHORTAGES REJECTED BY GOP LEGISLATURE

"No matter how many times some politicians misrepresent my actions and how this agency works, it does not make what they’re saying true," Wolfe said in a statement. "It’s irresponsible for this group of politicians to willfully distort the truth when they’ve been provided the facts for years."

Republican Rep. Janel Brandtjen, one of the resolution's authors, lost her position as chair of the Assembly elections committee and was even kicked out of a GOP caucus last year after Republicans said they lost trust in her for promoting election lies. Brandtjen has frequently butted heads with Vos and other GOP leaders, and she endorsed Vos' Republican primary opponent in the 2022 midterm.

The resolution to impeach Wolfe would need approval from Vos to move forward. He did not respond to an email or text message seeking comment Thursday. Senate Majority Leader Devin LeMahieu also did not respond to emails seeking comment.

Numerous reviews have found that the 2020 election in Wisconsin was fair and the results were accurate. Biden defeated then-President Donald Trump in 2020 by nearly 21,000 votes in Wisconsin, an outcome that has withstood two partial recounts, a nonpartisan audit, a conservative law firm’s review, and multiple state and federal lawsuits.

Five takeaways from Merrick Garland’s hours-long testimony at House Judiciary

Attorney General Merrick Garland testified before the House Judiciary Committee for nearly a half-dozen hours on Wednesday, fielding questions from lawmakers on the alleged politicization within the Justice Department under his leadership.

The hearing on Capitol Hill began at 10:00 a.m. Wednesday and lasted through the late afternoon.

AG GARLAND SLAPS DOWN 2 TIERS OF JUSTICE NARRATIVE IN OPENING STATEMENT AHEAD OF HOUSE TESTIMONY

Here are highlights from the hearing.

Garland was pressed by Republicans, as they lead an impeachment inquiry against President Biden and investigate allegations of corruption within the Biden family and surrounding the federal investigation into the First Son, on his involvement in the Hunter Biden investigation.

Garland stressed that he is "not the president’s lawyer," and that the Justice Department’s "job is to follow the facts and the law, and that is what we do."

"I promised the Senate that I would not interfere… I would not influence the investigation," Garland said. "I do not intend to discuss internal Justice Department deliberations, whether or not I had them."

Garland also said he does not know "the specifics of the investigation." 

AG GARLAND TESTIFIES THAT WEISS HAD FULL AUTHORITY IN HUNTER BIDEN PROBE, BUT NEVER DISCUSSED SPECIFICS

Garland repeatedly said during the first hours of his testimony that he never had discussions with Weiss about the investigation, and said the prosecutor had the necessary tools to continue his years-long probe into President Biden’s son.

But whistleblowers testified to Congress that Weiss had requested special counsel authority from the Justice Department back in 2022, but was denied.

In August, Garland ultimately granted Weiss that authority.

"Mr. Weiss asked to be made special counsel. I had promised that I would give him all the resources he needed, and I made him special counsel," Garland testified Wednesday.

House Judiciary Chairman Jim Jordan, R-Ohio, highlighted Hunter's business dealings with Ukrainian natural gas firm Burisma Holdings and noted that the DOJ had allowed the statute of limitations to lapse on any potential tax crimes Hunter may have committed during the time he served on the board of that company.

The DOJ had been considering tax charges against Hunter Biden for failing to pay income tax for 2014 and 2015—the years he served on the board. At the time, Hunter Biden did not report "approximately $400,000" in income he collected from his position on the board of Burisma Holdings.

JIM JORDAN GRILLS AG GARLAND OVER ALLOWING HUNTER BIDEN'S POTENTIAL BURISMA CHARGES TO 'LAPSE'

Garland refused to answer Jordan's questions directly, instead deflecting to future statements by Special Counsel David Weiss.

"Mr. Weiss was the supervisor of the investigation at that time and at all times," Garland repeated. "He made the appropriate decisions. You'll be able to ask him that question."

"We all know why they did it," Jordan said. "Everyone knows why they did it … those tax years, that involved the president. It's one thing to have a gun charge in Delaware. That doesn't involve the President of the United States. But Burisma? Oh, my, that goes right to the White House."

Jordan was referring to information House Republicans have gleaned from their investigation into Biden’s alleged corruption and involvement in his son’s business dealings.

Garland had a contentious exchange with Rep. Jefferson Van Drew, R-N.J., regarding the Justice Department's handling of investigations into Catholic and pro-life groups.

"Do you agree that traditional Catholics are violent extremists, yes or no?" Van Drew asked, referring to an anti-Catholic memo that circulated in the FBI and led to agents undercover at Catholic Churches.

"Attorney General … I ask you do you agree that traditional Catholics are violent extremists?" Van Drew repeated.

"I have no idea what ‘traditional’ means here," Garland said before becoming animated. "The idea that someone with my family background would discriminate against any religion is so outrageous – so absurd that you would ask me that question."

Garland comes from a family of Jewish immigrants who fled antisemitism in Eastern Europe in the early 20th century.

AG GARLAND FLIPS OUT AT GOP LAWMAKER OVER ACCUSATIONS OF ANTI-CATHOLIC BIAS: 'OUTRAGEOUS'

"It was your FBI that did this. It was your FBI that was sending – and we have the memos, we have the emails – undercover agents into Catholic churches," Van Drew asserted.

"Both I and the director of the FBI have said that we were appalled by that memo," Garland said.

The pair then spoke over each other for an extended period, with Van Drew repeatedly asking, "Are they extremists or not, attorney general?"

"Catholics are not extremists, no," Garland ultimately said in a frustrated tone.
 

Rep. Chip Roy, R-Texas, grilled Garland on whether the Justice Department has stopped its alleged targeting of parents at school board meetings.

Roy was referring to Garland’s October 2021 memo that directed the FBI and federal officials to address violence and threats of violence against those on school boards and school administrators.

AG GARLAND DEFENDS DOJ FROM ACCUSATIONS OF TARGETING PRO-LIFE GROUPS, PARENTS IN FIERY TESTIMONY

When asked if that memo had been rescinded, Garland said: "There's nothing to rescind," while stressing it said "nothing about parents being terrorists, nothing about attending school boards."

Roy went on to note that the DOJ had prosecuted 126 instances of alleged crimes by pro-life groups but only four instances of alleged crimes by pro-choice groups under Garland's tenure.

Roy turned to the case of Mark Houck, a pro-life activist who was arrested "in front of his wife and children" by heavily armed FBI agents. Houck faced 11 years in prison for demonstrating outside an abortion clinic, but he was later acquitted.

Roy noted that the jury in Houck's case met for just one hour before acquitting him. He then asked whether Garland had investigated why his department wasted resources on such a case.

"The Justice Department respects the jury's verdict. The accusations in that case were made by agents and prosecutors on the ground," Garland responded.

The Speaker’s Lobby: The Hitchhiker’s Guide to a possible government shutdown

Government funding expires at 11:59:59 pm et on September 30.

And right now, House Republicans, despite holding the majority, can’t pass any spending bills by themselves.

The House has tried for two weeks to get clearance on a procedural vote for the House to even launch debate on a defense spending bill. That’s a measure most Republicans support. In fact House Speaker Kevin McCarthy, R-Calif., says he’s never heard a Republican articulate what’s wrong with the bill.

Republicans passed one of the 12 annual spending bills in July. And now Republicans have practically torpedoed their trial balloon package rolled out over the weekend. That plan would re-up government funding to avoid a shutdown for 31 days and attach language to bolster border security. The House had planned to vote on that bill Thursday

HOUSE REPUBLICANS HOLD CONFERENCE CALL TO AVERT GOVERNMENT SHUTDOWN, PASS DEFENSE SPENDING BILL

It was a bad omen for a potential government shutdown when Republicans blew up their own procedural vote, blocking the House from beginning debate on the defense bill Tuesday.

"Is this another blow to you," yours truly asked McCarthy.

"You think it’s a blow. I just think it’s another challenge," replied McCarthy.

"Most Speakers are able to get their defense bills onto the floor," I countered.

"You assume it’s over," responded McCarthy. "I don’t quit."

McCarthy then warned that he would keep everyone here this weekend to vote.

"We’re going to vote on appropriations bills, whether they pass them or not," said McCarthy.

That is, if they can even bring them to the floor.

The votes have never caramelized for McCarthy in his efforts to get any spending measure up for debate recently.

HOUSE WILL HOLD FIRST BIDEN IMPEACHMENT INQUIRY HEARING NEXT THURSDAY

And therein lies the potential strategy for McCarthy.

It may look like defeat after defeat after defeat for McCarthy. And it is. But McCarthy has long-known where the solution to this impasse lies. The government may shut down. But the only path to keep the government open is a blend of Democrats and Republicans in the House and Senate. In fact, an interim spending bill to avert a shutdown could likely clear the Senate with 65 to 70 votes. A similar bill would move through the House with anywhere between 275 to 300-plus votes. For reference, the House approved the bill to suspend the debt ceiling in May with 314 votes. 

But McCarthy can’t pivot just yet to something else. He has to let his own GOP members fight it out among themselves. That’s why he gave a wide berth to the more centrist Republican "Main Street" Caucus and Rep. Scott Perry, R-Penn., the head of the Freedom Caucus, to cut a deal on the interim spending bill over the weekend. But that plan appears dead.

Nothing can pass the House right now. And, ironically, that might be what McCarthy needs.

To wit: McCarthy keeps the House here to vote on rules to bring up various procedural matters or the bills themselves. In the process, McCarthy is building a canon of evidence to show that there are 200-plus Republicans willing to vote yes on something – and a crew of five to 20 who will oppose just about anything.

It’s often a bad idea on Capitol Hill to keep members in Washington over a weekend when there aren’t things to pass or items to vote on. Lawmakers grow cranky and insolent. They sometimes then lash out at leadership for marooning them in Washington with little to show for it. In the case of the Freedom Caucus members, leaders have sometimes wanted to separate them. So tethering lawmakers to Washington with little to do often backfires.

But here, McCarthy may actually want people in Washington. It helps members hash things out and conjure their own ideas to end the standoff. McCarthy has publicly said he prefers to defer to Members. But heretofore, that approach hasn’t worked. 

In addition, it’s about the math.

FROM SUIT AND TIE TO 'ANYTHING GOES': THE SENATE DRESS CODE HAS UNRAVELED BEFORE

In the sense that there are about 200 Republicans who fully support McCarthy and five to 20 who aren’t completely on board. There is strength in numbers. The stasis in the House will start to draw the ire of the larger group. They already feel that the most extreme voices in the GOP are dragging the majority around by the nose. So, one could see infighting between McCarthy loyalists and those who oppose him. 

So what happens if the spending measures fail in the coming days? McCarthy will have shown that he was willing to fight and "never give up," as he often says. But the Speaker warned rank-and-file Republicans for days that unless the House passes something, it will likely get jammed by the Senate.

Since McCarthy can’t get votes to caramelize around any proposal to avoid a shutdown, it’s possible the Senate could cobble together an interim spending bill. That involves a lot of parliamentary mechanics. In fact, it may already be too late for the Senate to assemble a stopgap bill and break two filibusters to avoid a shutdown on October 1. But things are definitely a lot better these days in the Senate than the House. 

If that’s the case, McCarthy can tell his members that he tried and the House weakened its position by never passing a bill of consequence in the spending fight. Therefore, the House must accept whatever the Senate comes up with. 

This inherently weakens McCarthy’s stance. We don’t know if a government shutdown is inevitable. But it’s a near certainty that Rep. Matt Gaetz, R-Fla., or someone else will call for a no confidence vote in McCarthy’s leadership.

This is known as a "motion to vacate the chair." And while I’ve seen a lot of Congressional "shows" over the years, this program has never appeared in my TV Guide.

A "motion to vacate" could happen at any time – although it’s more likely to unfold if and when the House adopts an interim spending bill. A "CR" (short for Continuing Resolution, because it renews all old funding at present levels) appears to be the red line for McCarthy’s opponents. 

Here’s what happens if we get a "motion to vacate."

All it takes is one Member to call for a "motion to vacate." However, that motion is subject to a SECONDARY motion. McCarthy defenders would probably move to table (set aside) or refer the PRIMARY motion to committee (probably House Rules or Administration). If the SECONDARY motion prevails, the effort to "vacate the chair" is euthanized. There’s no threat to McCarthy.

But if the House DEFEATS the SECONDARY motion, the House then votes on the PRIMARY motion (the motion to vacate). If the House okays the motion to vacate, hold on to your hats.

All legislative traffic on the House floor stops. We are essentially back to January 3, the beginning of the Congress. The House can’t do anything on the floor until it elects a Speaker. Remember that it took 15 rounds in January to pick a Speaker. That process consumed five days and was the longest Speaker’s election since 1859. A potential Speaker’s race at this stage could take longer.

Remember, the winning candidate must receive an outright majority of all Members of the House WHO VOTE. 

That said, the House is in a different situation than it was in January. The House has sworn-in its Members. It has committees. So other activity may continue. But NOTHING on the floor until it picks a Speaker.

Here is the doomsday scenario: 

The government shuts down and the House is forced into an election for Speaker. But then the House struggles to elect a Speaker – EVEN IF IT HAS THE VOTES TO RE-OPEN THE GOVERNMENT.

Sigh.

Keep in mind that if the government shutters, it deems certain workers as "essential." But things like national parks close. And workers who are on the job aren’t paid. In fact, Congress usually must approve a resolution to provide back-pay to federal workers if they miss a paycheck.

Border Patrol, the Transportation Security Agency and air traffic controllers are required to work – even if they aren’t paid. However, air safety was one of the reasons the government re-opened in 2019 after a 35-day government shutdown which began in late 2018. 

A small group of air traffic controllers decided to stay home – paralyzing travel at major air hubs like Philadelphia, Atlanta, Newark, N.J., and at New York’s La Guardia airport. 

That "sickout" compelled the Trump Administration to relent and re-open the government.

Most lawmakers from both parties now believe the government is cruising toward a shutdown. The question is what are the aftershocks on Capitol Hill and for the Speaker.

White House blasts House Judiciary for holding ‘circus of a hearing’ grilling Garland

The White House blasted the Republican-led House Judiciary Committee for holding an hours-long "circus of a hearing full of lies and disinformation" featuring testimony from Attorney General Merrick Garland, saying it is part of a "not-so-sophisticated distraction campaign."

Garland testified before the House Judiciary Committee Wednesday as part of the panel’s annual oversight work. The hearing was focused on the alleged politicization of the Justice Department under Garland’s leadership.

AG GARLAND TESTIFIES THAT WEISS HAD FULL AUTHORITY IN HUNTER BIDEN PROBE, BUT NEVER DISCUSSED SPECIFICS

Garland fielded questions from lawmakers on both sides of the aisle, but defended his work at the Justice Department, and maintained he has remained independent and uninvolved in the years-long federal investigation into Hunter Biden.

But the White House slammed Republicans, who are leading an impeachment inquiry against President Biden, and once again cast blame for the potential of a looming government shutdown on House GOP lawmakers.

"Extreme House Republicans are running a not-so-sophisticated distraction campaign to try to cover up their own actions that are hurtling America to a dangerous and costly government shutdown," White House spokesperson for oversight and investigations Ian Sams said Wednesday. "They cannot even pass a military funding bill because extreme House Republicans are demanding devastating cuts like slashing thousands of preschool slots nationwide and thousands of law enforcement jobs including border agents, so they cranked up a circus of a hearing full of lies and disinformation with the sole goal of baselessly attacking President Biden and his family."

WHITE HOUSE HAMMERS UPCOMING BIDEN IMPEACHMENT INQUIRY HEARING AS 'EVIDENCE-FREE' STUNT

"Don’t be fooled: they want to distract from the reality that their own chaos and inability to govern is going to shut down the government in a matter of days, hurting our economy and national security and jeopardizing everything from troop pay to fighting fentanyl," Sams continued.

He added: "These sideshows won’t spare House Republicans from bearing responsibility for inflicting serious damage on the country."

Sams was referring to a possible government shutdown.

Congress is currently negotiating a continuing resolution to extend the current year’s funding, but without passing a deal by Sept. 30, they risk sending the government into a partial shutdown.

House Republicans are set to hold their first impeachment inquiry hearing to investigate allegations of corruption and abuse of power against Biden on Thursday, Sept. 28.