Hunter Biden was paid $100K through joint-venture with Chinese energy firm, ex-associate testified

Hunter Biden was paid $100,000 a month and James Biden was paid $65,000 a month in 2017 from their joint-venture with Chinese Communist Party-linked Chinese energy firm CEFC, a former associate testified to the House Oversight and Judiciary Committees.

Mervyn Yan, who testified behind closed doors at the committees last month, said he did not know the nature of the work the Bidens provided, according to a transcript of the testimony obtained by Fox News Digital.

FORMER HUNTER BIDEN ASSOCIATE TONY BOBULINSKI TO TESTIFY BEHIND CLOSED DOORS AS PART OF IMPEACHMENT INQUIRY

Yan testified that he met Hunter Biden and James Biden in May 2017 through a CEFC business partner Gongwen Dong, also known as "Kevin." Yan said that meeting lasted less than 15 minutes, but that it was the impetus for the joint-business venture, Hudson West III, with the Bidens.

Yan said the business venture was intended to facilitate the investment of Chinese energy infrastructure firms – like CEFC – into U.S. energy companies in exchange for energy exports to China.

"It was in May 2017, four of us. And then Kevin asked me to come to a meeting. And then eventually we met. I met Hunter Biden and James Biden and Kevin, just four of us… in Midtown. That was a relatively quick meeting, roughly 15 minutes, because I noticed the time because I couldn’t even get a water in that place," Yan told the committees.

DEMOCRATS BLAST IMPEACHMENT INQUIRY AFTER GOP WITNESS SAYS HE WAS 'UNAWARE' OF JOE BIDEN'S ROLE IN FAMILY BIZ

"So basically we shake hands and basically say we can work together," Yan continued, adding that he would be "sort of like on-the-ground person who executes and pretty much sources the infrastructure deals." Yan said he would be "working closely with Hunter."

Yan was asked what he thought Hunter Biden "brought to the table" in the joint-venture.

"I don’t know," Yan testified. "I don’t know what he can contribute."

Yan said he did not know if Hunter Biden had "knowledge" in the energy infrastructure field.

Yan said Hunter Biden was given a $500,000 retainer, and then paid $100,000 per month. Yan also testified that Hunter Biden had been working for CEFC prior to their introductory meeting, but did not know for how long.

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

Hunter Biden, though, in correspondence that was shown to Yan during his interview last month, initially requested $30 million for introductions in the industry.

Fox News Digital last year reported correspondence between Hunter Biden and Gongwen Dong, in which the first son demands $10 million to "further the interest" of the joint-venture, saying that the "Bidens are the best I know at doing exactly" what the chairman of the CCP-linked firm wanted. 

"The Biden's [sic] are the best I know at doing exactly what the Chairman wants from this partnership," Hunter Biden writes in the WhatsApp message. "Please let’s not quibble over peanuts."

According to a September 2020 report released by the Senate Homeland Security Committee and Senate Finance Committee on their investigation into Hunter Biden’s foreign business dealings, Ye Jianming, Gongwen Dong and other Chinese nationals that Hunter Biden had business associations with were linked to the Chinese Communist government and the People's Liberation Army.

That Senate report, showed that on Aug. 8, 2017, just days after this WhatsApp message, CEFC wired nearly $5 million to the bank account for Hudson West III, a firm that Hunter Biden opened with Chinese associates.

"These funds may have originated from a loan issued from the account of a company called Northern International Capital Holdings, a Hong Kong-based investment company identified at one time as a ‘substantial shareholder’ in CEFC International Limited along with Ye," the report stated. "It is unclear whether Hunter Biden was a half-owner of Hudson West III at the time."

The report also stated, "the same day the $5 million was received, and continuing through Sept. 25, 2018, Hudson West III sent request payments to Owasco, Hunter Biden’s firm." The report stated the payments were described as consulting fees and reached "$4,790,375.25 in just over a year."

Meanwhile, Yan testified that none of the five infrastructure deals he worked on with the Bidens in 2017 came to fruition, but said Hunter and James Biden were still compensated for their work in attempting to bring business.

Yan testified as part of the House impeachment inquiry against President Biden.

Yan told congressional investigators that Joe Biden was not involved in the joint-venture, and said neither Hunter nor James Biden ever suggested he would be involved.

HUNTER DEMANDED $10M FROM CHINESE ENERGY FIRM BECAUSE 'BIDENS ARE THE BEST,' HAVE 'CONNECTIONS'

Yan also testified that he was not aware of any funds from the joint-venture going to Joe Biden. Yan maintained that he was never in contact with Joe Biden, and that Hunter and James Biden did not discuss the then-former vice president in their conversations.

Yan was pointedly asked if he was ever told that he could receive political favors from Joe Biden if he engaged in business with Hunter Biden, to which he replied in the negative.

"Did you engage in a business relationship with Hunter and James with the expectation that you would receive political favors from Joe Biden?" Yan was asked.

"No," Yan said.

After his interview last month, House Oversight Committee Chairman James Comer, R-Ky., pointed to Yan’s testimony in which he "admitted on the record the Bidens had no experience in the energy and infrastructure sectors and was not sure what they brought to the table."

Comer has stressed that evidence collected by congressional investigators reveals that President Biden "was at least aware of some of his family’s business ventures and sought to influence potential business deals that financially benefited his family."

Yan’s testimony came as the committee continues to interview former business associates of Hunter Biden. Next up is Tony Bobulinski on Feb. 13. Then, James Biden will appear for a closed-door deposition on Feb. 21, and Hunter Biden's deposition is set for Feb. 28.

Gaetz says George Santos ‘never missed more’ following failed Mayorkas ouster

Republican Florida Rep. Matt Gaetz said his former colleague George Santos has never been missed more following a failed impeachment vote.

The GOP failed to impeach Secretary of Homeland Security Alejandro Mayorkas on Tuesday after three Republicans defected from the party line and voted against the measure.

"As I am watching that board, and it’s 215-215, I have never missed George Santos more," Gaetz told Newsmax.

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.

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

The final vote came to 214-216 after Democratic Texas Rep. Al Green showed up on the House floor in scrubs to vote against the measure.

Santos was expelled from the U.S. House of Representatives on Dec. 1 because of charges he faces related to allegations of defrauding campaign contributors and, according to a House Ethics Committee Report, using campaign funds to purchase luxury items and spa treatments.

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

"I also wondered, wouldn’t it have been nice to still have Kevin McCarthy in the House of Representatives? Never thought you’d hear me say that," the Florida representative said. 

McCarthy announced in early December that he would step down, two months after his historic ouster as House speaker. 

The announcement capped a stunning end to a House career for the one-time deli counter owner, who ascended through state and national politics to become second in line to the presidency, until a cluster of hard-right conservatives engineered his removal in October.

"Kevin McCarthy — after being dislodged as speaker — took his marbles and went home," Gaetz added during his appearance.

McCarthy's departure set off a scramble to replace him that is being sorted out in court. A state judge earlier ruled that a McCarthy protégé, Republican Assemblyman Vince Fong, could appear on the ballot as a candidate for the former speaker's seat, even though he earlier filed for reelection for his Assembly seat. That decision is being appealed by the state.

McCarthy is the only speaker in history to be voted out of the job.

Fox News' Greg Wehner, Adam Shaw and The Associated Press contributed to this report.

‘Frustrated’ Republicans leave Capitol Hill after back-to-back defeats on Mayorkas impeachment, Israel aid

House Republican leaders failed to pass two of their major policy bills Tuesday night, a blowup so massive it left GOP lawmakers irritated upon leaving Washington for a long weekend Wednesday morning.

"Some people are frustrated. Very few people are surprised," Rep. Jack Bergman, R-Mich., said.

The House GOP conference, dealing with highly divided factions and a razor-thin majority, is again at odds after narrowly failing to impeach Homeland Security Secretary Alejandro Mayorkas. It was followed by the defeat of a standalone Israel aid bill that Speaker Mike Johnson, R-La., had announced over the weekend.

"An unmitigated disaster" was how Rep. Thomas Massie, R-Ky., described the situation to Fox News Digital. "I don't think either of those votes moved our party or our country forward."

JOHNSON CAUGHT BETWEEN WARRING HOUSE GOP FACTIONS: ‘DRIFTING TOWARD MOB RULE'

He argued that ousted former Speaker Kevin McCarthy, R-Calif., would not have brought the bills to the floor if he was uncertain of their passage.

"I don't think we would have had that vote on Israel. I mean, what did it accomplish? And then I think it was embarrassing to lose the vote on Mayorkas. And I think [under McCarthy] we would have either had the votes for it or we wouldn't have voted on it," Massie said.

Some have blamed Johnson for bringing the bills to the floor, while others attacked the three House Republicans who voted against impeaching Mayorkas.

SPEAKER JOHNSON ENDORSES BIPARTISAN TAX BILL AS 'CONSERVATIVE,' 'PRO-GROWTH' REFORM

"Are we in the majority? I'm not sure. Because it doesn't seem like it. We're not acting like it," Rep. Troy Nehls, R-Texas, told Fox News Digital. "You’ve gotta know how to count votes, I guess. But, hey, listen, I know that [Johnson] wanted the job. He can have the job."

Republicans were poised to impeach Mayorkas Tuesday night until Rep. Al Green, D-Texas, who was recovering from surgery, made a surprise appearance still wearing hospital clothing to tie the vote. It seemed to catch GOP leaders and even some Democrats by surprise.

Meanwhile, Rep. Andy Biggs, R-Ariz., one of the eight Republicans who voted to oust McCarthy, warned Johnson he was following a similar path as the ex-leader by putting an Israel aid bill up for a vote without offsetting its cost with spending cuts elsewhere.

The House previously passed a $14 billion Israel aid bill that would’ve been offset by cuts to IRS spending, but the measure was never taken up by the Senate.

"The best thing I thought the speaker did was the Israel funding with a pay-for, because that had a chance to break what I call a suboptimal path that we've been locked into for decades here," Biggs said. "I thought, what a shame it is that you had this big victory, you know, which actually made you different than McCarthy, and then you reverted back to this last night."

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

Rep. Nancy Mace, R-S.C., who also voted to oust McCarthy, said her frustration was with the Republicans who were not on board with impeachment.

"This is a defining moment for our nation, and we have the policies to fix this dire situation, and you’re going against those policies? I don't know how you go home with that," Mace said. "I made the right vote. … I'm voting the will of the people. The people who voted against that, Democrats and Republicans alike, they have to take that home."

Freshman Rep. Mike Collins, R-Ga., fumed over the Mayorkas impeachment’s failure.

"We should’ve taken that sorry rascal out," he said. 

But Collins said he did not see a difference between House Republicans’ status under McCarthy versus Johnson.

"It's basically the same. And, to Johnson's credit, man, you know, he was voted in, and he was already behind the eight ball," Collins said. "So, he's gonna have to take a few shots to get back into position."

Fox News Digital has reached out to Johnson's office for comment.

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

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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.

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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.