Johnson to meet Trump at Mar-a-Lago amid speakership threat

Speaker Mike Johnson, R-La., will meet former President Trump at his Mar-a-Lago estate on Friday as the embattled House leader faces a threat to his speakership from Trump loyalist Rep. Marjorie Taylor Greene, R-Ga.

Johnson and Trump have already been at odds on the House passing an additional $60 billion in aid to Ukraine, which Johnson has for months declined to allow the House to vote on legislation already passed by the Democratic-led Senate. 

Trump has previously stated that he would end the war within 24 hours should he be reelected, while he has also touted converting the cost of weapons transfers to Ukraine into a loan.

Trump also encouraged GOP lawmakers to successfully "kill" reauthorizing FISA, the Foreign Intelligence Surveillance Act, a measure Johnson backed. The speaker is set to try again to push the measure through the House.

JOHNSON BUCKS GOP PRIVACY HAWKS IN CLOSED LAWMAKER MEETING ON SPY TOOL RENEWAL

Meanwhile, earlier this month, Greene authored a resolution to force the House to take a vote of no confidence in the speaker. Greene railed at Johnson for negotiating spending bills with Democrats and forgoing the GOP’s internal rule, requiring 72 hours before voting on legislation.

She is also a staunch opponent of providing more aid to Ukraine. Greene and Johnson met on Wednesday, with Greene saying she is still frustrated with the speaker’s handling of several hot-button issues.

UK'S CAMERON MEETS TRUMP AHEAD OF PUSH FOR MORE US UKRAINE FUNDING

Nevertheless, Trump is expected to back the leadership of Johnson, who defended the former president in two impeachment trials.

In fact, Friday’s meeting has been billed as a "major announcement on election integrity," and to tout legislation that would prevent noncitizens from voting, although no further details have been provided.

The joint appearance will also give Johnson an opportunity to publicly showcase his close ties to Trump.

"It’s about Trump embracing Johnson," former Speaker Newt Gingrich said of Friday’s joint appearance, per the New York Times. "This is Trump saying, ‘He is the speaker, I am his friend, we are together.’ That’s a pretty important thing for him. He just has to endure."

The high-profile joint appearance comes days after Trump met with former U.K. Prime Minister David Cameron at Mar-a-Lago.

Biden-appointed judge torches DOJ for defying subpoenas after prosecuting Trump advisor

A President Biden-appointed judge slammed the Justice Department’s apparent hypocrisy on Friday for allowing attorneys involved in the Biden family investigation to defy subpoenas — even though former Trump advisor Peter Navarro is sitting in prison for doing the same thing.

District Judge Ana Reyes ripped the DOJ at a status conference for not letting DOJ lawyers Mark Daly and Jack Morgan provide testimony as part of the House Judiciary Committee's investigation into the Biden family and the impeachment inquiry into the president. 

"There’s a person in jail right now because you all brought a criminal lawsuit against him because he did not appear for a House subpoena," Reyes said during a hearing on the Judiciary Committee’s lawsuit, according to Politico, seemingly referring to Navarro. 

HUNTER BIDEN CLAIMED HE DIDN'T 'STAND TO GAIN ANYTHING' IN CONTROVERSIAL BURISMA ROLE DESPITE MAKING MILLIONS

Navarro was sent to prison in March for four months, charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the January 6, 2021, attack on the U.S. Capitol. Navarro said he could not cooperate with the committee investigating the Jan. 6 attack because Trump had invoked executive privilege, an argument that lower courts have rejected.

Former White House adviser Steve Bannon also received a four-month sentence for similar contempt of Congress charges but was allowed to stay free pending appeal.

"I think it’s quite rich you guys pursue criminal investigations and put people in jail for not showing up," but then direct current executive branch employees to take the same approach, Reyes blasted. "You all are making a bunch of arguments that you would never accept from any other litigant."

"And now you guys are flouting those subpoenas. . . . And you don’t have to show up?" Reyes continued. 

She said that the DOJ’s position would delight defense attorneys up and down the country.

"I imagine that there are hundreds, if not thousands of defense attorneys . . . who would be happy to hear that DOJ’s position is, if you don’t agree with a subpoena, if you believe it’s unconstitutional or unlawful, you can unilaterally not show up," Reyes said. 

HUNTER BIDEN ATTORNEY SLAMS 'ABNORMAL WAY' SPECIAL COUNSEL WEISS HANDLED CASE AFTER JUDGE DENIES DISMISSAL

Daly and Morgan, two attorneys with the Justice Department’s tax division, were subpoenaed for their "firsthand knowledge of the irregularities in DOJ’s investigation that appear to have benefited Hunter Biden," according to Courthouse News Service. 

The committee says the pair were members of a team that recommended what charges to bring against Hunter Biden for suspected tax crimes in 2014 and 2015 when he served on the board of Ukrainian company Burisma. 

That team initially agreed Hunter Biden should be charged but then reversed course and suggested he should not be charged.

Following the reversal, the Justice Department allowed the statute of limitations for those charges to lapse. The committee argues looking into this timeline is crucial to its investigation.  

Justice Department attorney James Gilligan tried to argue that the decision to defy the subpoena came after lengthy deliberations "at a high level."

He also argued that Daly and Morgan are current government employees, whereas Navarro and Bannon were no longer part of the government when their testimony was demanded, but Reyes seemed unimpressed by that reasoning. 

But her criticism wasn’t all directed at Biden’s DOJ.

Reyes scoffed at a Trump-era Office of Legal Counsel opinion contending that executive branch employees could defy such subpoenas if Justice Department lawyers were not allowed to be present.

She was also astonished that Gilligan wouldn't commit to instructing Daly and Morgan to testify if the committee were to drop its insistence that government counsel not be in the room for their depositions.

"I cannot answer that now," he said. To which Reyes responded, "Are you kidding me?"

Fox News’ Anders Hagstrom contributed to this report.  

Biden holds narrow lead over Trump in new poll despite concerns he’s ‘too old’ for a second term

President Biden defeated former President Donald Trump by just two points in a new poll of Pennsylvania registered voters, despite the enduring belief of many that he is too old to serve as chief executive for another term. 

Biden narrowly beat Trump in a new Franklin & Marshall Poll released on Thursday, winning with Pennsylvania voters 42% to 40%. 

Pennsylvania is one of the critical battleground states that is expected to help determine the outcome of the 2024 presidential election. The state was notably won by Trump in 2016 but then swung back to Democrats to help Biden win in 2020. Biden took the state in the last election by less than two points. 

GOP SENATE HOPEFUL RAKES IN $2.2 MILLION TO TAKE ON DEM INCUMBENT IN SWING-STATE NEVADA

Illustrating the close race, a separate survey from The Wall Street Journal showed Trump ahead of Biden in six of the seven key battleground states, including Pennsylvania. Trump also defeated his opponent in Michigan, Arizona, Georgia, Nevada and North Carolina.

While he managed to surpass Trump in the Franklin & Marshall poll, Biden still faced a significant portion of Pennsylvanians who say he is "too old," at 81, to carry out a second term. By the end of a potential second term, Biden would be 86. 

VULNERABLE NEVADA DEMOCRAT TOUTS BIPARTISANSHIP DESPITE VOTING WITH BIDEN 99% OF TIME

Four in 10 registered voters in Pennsylvania agreed Biden's age was too advanced to serve a second term. This number has remained steady in Franklin & Marshall's surveying since October 2023. An additional 40% said age is an issue for both of the candidates' abilities to serve another term. 

Only 6% of respondents said Trump is "too old." The former president is 77. 

"With just 35% job approval, Joe Biden is floundering in his home state of Pennsylvania," said Trump campaign spokeswoman Karoline Leavitt in a statement to Fox News Digital, referencing the approval rating reported by the poll. 

MAYORKAS IMPEACHMENT TRIAL POISED TO PRESSURE THESE VULNERABLE SENATE DEMS

"Between higher gas prices, surging crime, and failed Democrat policies crushing families at every corner, it's no wonder that Pennsylvanians across the commonwealth are increasingly rejecting the failed Biden agenda and supporting President Trump," she added. 

While voters said Trump was a better choice to handle the economy over Biden, the president managed to sustain his advantage over Trump on questions of trustworthiness and character. 

The survey also showed Biden's margin expanding in a one-on-one match-up with Trump. In such a scenario, Biden garnered 48% to Trump's 38%, extending his two-point lead to 10. According to the poll, the change in Biden's margin when third-party candidates are included is "because support for the president declines among registered Democrats as more of them opt for a third-party candidate."

Democratic National Committee spokesperson Matt Corridoni told Fox News Digital that the poll was "more proof" that Robert F. Kennedy, Jr. is being set up "to be a spoiler in this race."

BIDEN ADMINISTRATION RULE MAKES FIRING FEDERAL WORKERS HARDER AS TRUMP PROMISES 'DEEP STATE' REVAMP

Despite Biden's increased odds in a two-man race, it's unlikely that such a race would play out in the Keystone State. Several prominent people have launched campaigns for the White House in 2024, including Kennedy, as an independent; Jill Stein on the Green Party's ticket; and Cornel West as an independent. 

Kennedy's campaign website lists its effort to achieve ballot access in Pennsylvania as "in progress" with months until the state's August filing deadline. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Trump eyes dual strategy to flip script against Biden amid legal hurdles: ‘We have the messaging’

GRAND RAPIDS, Mich. — Donald Trump heads out on the stump Tuesday in Michigan and Wisconsin, two Midwestern battleground states he narrowly lost to President Biden four years ago, as he looks to take advantage of a weekday campaign rally ahead of his upcoming hush-money trial in a couple of weeks.

The former president's team said the presumptive GOP nominee will take aim at what they charged was President Biden's "Border Bloodbath" during the first stop in Grand Rapids, Michigan.

Trump's campaign swing is his first in two and a half weeks since he headlined a rally in Ohio on March 16 on behalf of the Republican candidate he was backing in the Buckeye State's GOP Senate primary.

The infrequent weekday campaign rallies may become even rarer this spring and summer as Trump becomes the first current or former president in the nation's history to go on trial.

TRUMP AIMS TO TOP BIDEN'S NEW $26 MILLION FUNDRAISING RECORD

As of now, Trump's hush-money trial is set to begin in New York City on April 15. The former president – who is being tried on 34 state felony charges – is accused of falsifying business records in relation to hush-money payments during the 2016 election he made to Stormy Daniels to keep quiet about his alleged affair with the adult film actress.

Trump has repeatedly denied falsifying business records as well as the alleged sexual encounter with Daniels.

TRUMP HUSH-MONEY TRIAL SET TO START ON THIS DATE

During the Republican presidential primaries, Trump used the multiple criminal and civil cases he faces – including two for his alleged attempts to overturn his 2020 election loss to Biden and another for mishandling classified documents – to cast himself as a victim, which fired up support among GOP voters and boosted fundraising.

"HAPPY EASTER TO ALL, INCLUDING CROOKED AND CORRUPT PROSECUTORS AND JUDGES THAT ARE DOING EVERYTHING POSSIBLE TO INTERFERE WITH THE PRESIDENTIAL ELECTION OF 2024, AND PUT ME IN PRISON," Trump said Sunday in a social media post.

The former president is required to attend the court proceedings in the hush-money trial, which are scheduled for weekdays, except Wednesdays, and will ground the 74-year-old Trump in the city where he was born and raised and called home until changing his residence to Florida nearly five years ago.

Sources in the former president's political orbit tell Fox News that a schedule's being mapped out that includes making the most of Wednesdays, when court is not in session, as well as weekends, when Trump usually holds rallies and other campaign events.

"We have the message, the operation, and the money to propel President Trump to victory on November 5," Trump campaign senior adviser Chris LaCivita predicted last week in a statement.

While Trump's been mostly off the campaign trail, Biden has stopped since delivering the State of the Union address in early March in all six of the crucial battleground states where he narrowly edged Trump to win the White House in 2020. And last week Biden visited North Carolina, which Trump won by a razor-thin margin four years ago.

The trips are aimed at pumping up the president's anemic poll numbers and also to paint a contrast with Trump, who has been sidetracked due to numerous court appearances in New York City and Florida.

In a video posted on X last week, the president's re-election team highlighted Biden's busy schedule and contrasted it with Trump playing golf.

"I’ll tell you this: There’s a difference between the two candidates in this election," Biden wrote in the social media post after Trump bragged on his Truth Social platform about winning two golf championships at a course he owns.

But Trump campaign spokesperson Karoline Leavitt predicted that the upcoming trial would give the former president a boost against his successor in the White House, and she said in a statement that "Joe Biden and the Democrats’ entire strategy to defeat President Trump is to confine him to a courtroom."

"President Trump has been attacked by the Democrats for eight years. He has stood strong through two sham impeachments, endless lies and now multiple baseless political witch hunts," Leavitt told Fox News Digital in February. "The Democrats want Donald Trump in a courtroom instead of on the campaign trail delivering his winning message to the American people, but nothing will stop him from doing that."

While he'll be sidetracked four out of five weekdays when the trial gets underway, Trump is expected to continue his practice of grabbing the cable news spotlight with his courtroom arrivals and departures. 

And the former president has also used his social media postings on his Truth Social platform to make headlines and drive the campaign conversation.

"Trump can dominate the message environment anytime he wants," longtime Republican strategist Dave Carney told Fox News. "We've never seen anything like this where one guy – whatever he says – gets full coverage. It's a phenomenon. Whether it's social media or cable TV or even broadcast TV, he just dominates the news."

And Carney, a veteran of numerous presidential campaigns, forecast "there will be such coverage of his court cases that at times I would bet there will be more reporters covering his stakeout than covering the president."

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Comer rejects Democrats’ demand for hearing on ‘influence peddling’ by Jared Kushner

House Oversight Committee Chairman James Comer, R-Ky., is rejecting the latest attempt by Democrats to shift scrutiny onto former President Trump’s inner circle. 

Rep. Jamie Raskin, D-Md., the top Democrat on the committee, led a letter to Comer on Tuesday calling for a hearing into allegations of "apparent influence peddling and quid pro quo deals" by Trump’s son-in-law and former White House adviser, Jared Kushner.

Comer told Fox News Digital on Wednesday that Kushner’s business was "legitimate" and dismissed the request as a bid to "shield President Biden from oversight."

AOC TAKES HEAT OVER 'RICO IS NOT A CRIME' COMMENT IN BIDEN IMPEACHMENT PROBE HEARING

It comes as the House Oversight Committee’s GOP majority conducts an impeachment inquiry into President Biden over accusations he used his former position as vice president to enrich himself and his family, particularly through foreign business deals. Both the president and the White House have denied wrongdoing.

"Unlike the Bidens, Jared Kushner has a legitimate business and has a career as a business executive that predates Donald Trump’s political career," Comer told Fox News Digital. 

"Democrats’ latest letter is part of their playbook to shield President Biden from oversight. The House Oversight Committee will continue to investigate President Biden’s abuse of public office and hold the Bidens accountable for their corruption."

FBI INFORMANT CHARGED WITH GIVING FALSE INFORMATION ABOUT HUNTER BIDEN IN 2020

Raskin and Rep. Robert Garcia, D-Calif., wrote to Comer, "This Committee cannot claim to be ‘investigating foreign nationals’ attempts to target and coerce high-ranking U.S. officials’ family members by providing money or other benefits in exchange for certain actions’ while continuing to ignore these matters. We therefore urge you to work with us to finally investigate Mr. Kushner’s receipt of billions of dollars from foreign governments in deals that appear to be quid pro quos for actions he undertook as senior White House adviser in Donald Trump’s Administration."

They also accused Comer of having "allowed Mr. Kushner to repeatedly ignore and defy these requests," citing Democrats’ repeated urging to subpoena Kushner and his firm.

TRUMP HOLDS EDGE OVER BIDEN IN CRUCIAL BATTLEGROUND STATE POLL

At the heart of Raskin and Garcia’s latest letter is a New York Times report from earlier this month that claims Kushner is in the final stages of major real estate deals in Albania and Serbia. The report also noted that those deals are coming to fruition while Trump seeks a second term in office.

Kushner told the outlet he was "excited" and "working hard" to close the deals.

Democrats’ attention to Kushner’s foreign business ties comes as impeachment investigators focus on the president’s son Hunter Biden and his foreign business dealings in Ukraine and China.

Trump to renew push for delay in New York hush money trial as $454M fraud bond comes due

Former President Trump will appear in a Manhattan court on Monday, where he is expected to renew his push for a delay in his hush money payments trial.

The trial is currently scheduled for April 15, a date that was already delayed 30 days thanks to the discovery of new evidence material in early March. In a separate case, Trump also faces a Monday deadline to pay a $454 million bond in the civil fraud case brought against him by New York Attorney General Letitia James.

Judge Juan Merchan is holding Monday's hearing to make a final determination for the date of the trial. Trump's team argues that the evidence uncovered in early March requires more time for review. They also say that prosecutors with Manhattan DA Alvin Bragg's office received elements of the new evidence before the defense and allegedly violated discovery rules.

Trump is accused of falsifying business records in relation to hush money payments he made to adult film actress Stormy Daniels.

JUDGE DELAYS TRUMP'S HUSH-MONEY TRIAL AMID LAST-MINUTE EVIDENCE DUMP BY FEDS

Bragg's office urged Merchan do deny Trump's push for further delays in a filing last week. Prosecutors argue Trump's team is seeking to delay the trial for as long as possible, with an ultimate goal of pushing his legal battles past the November election.

TRUMP HOLDS SLIGHT EDGE OVER BIDEN IN CRUCIAL BATTLEGROUND STATE: POLL

"Defendant's accusations of a discovery violation are a distraction from the only issue actually presented here, which is how this Court should respond to the late arrival of potentially relevant evidence from sources outside of the People's direction or control," Bragg wrote in last week's court filing.

"On that question, the appropriate remedy is the brief adjournment that this Court has already granted, which is more than enough time for the parties to review what the People now have good reason to believe is the limited number of relevant records in the USAO's recent productions. This Court should accordingly deny defendant's request for more extreme sanctions," the filing continued.

COMER INVITES HUNTER BIDEN, BUSINESS ASSOCIATES TO TESTIFY PUBLICLY MARCH 20 AMID IMPEACHMENT INQUIRY

The new evidence is some 15,000 records produced by the Justice Department relating to its investigation of former Trump lawyer Michael Cohen, who is serving as a star witness in the hush money case.

The U.S. Attorney's Office said much of the material is unrelated to the state case against Trump. Federal prosecutors have already provided at least 104,000 pages of records — 74,000 of which initially went just to Bragg's office and not to Trump's lawyers.

Bragg's office has since turned over those 74,000 pages to the defense.

In the civil fraud case brought by the state attorney general's office, Monday is the end of the 30-day grace period Trump was given to post a $454 million appeal bond. If he fails to do so, Attorney General James can enforce the trial court's judgment against the former president and start seizing his property and/or assets.

Fox News' Louis Casiano contributed to this report

Manhattan DA urges judge to deny Trump motion to further delay trial

Manhattan District Attorney Alvin Bragg is calling on a New York court to deny former President Trump's request for a delay in his trial on Thursday.

Bragg's filing comes after new documents relating to Trump's alleged hush money payments case were uncovered. Judge Juan Merchan agreed to impose a 30-day postponement to allow the documents to be reviewed, setting the date of the trial to April 15.

Trump's legal team argued that delay is not enough. They say the newly discovered documents constitute a violation of discovery policies and argue that a 90-day postponement is warranted.

Bragg's Thursday filing seeks to refute that request, saying that it is merely a ploy by Trump's legal team to delay the case for as long as possible.

JUDGE DELAYS TRUMP'S HUSH-MONEY TRIAL AMID LAST-MINUTE EVIDENCE DUMP BY FEDS

"Defendant's accusations of a discovery violation are a distraction from the only issue actually presented here, which is how this Court should respond to the late arrival of potentially relevant evidence from sources outside of the People's direction or control," Bragg wrote.

TRUMP HOLDS SLIGHT EDGE OVER BIDEN IN CRUCIAL BATTLEGROUND STATE: POLL

"On that question, the appropriate remedy is the brief adjournment that this Court has already granted, which is more than enough time for the parties to review what the People now have good reason to believe is the limited number of relevant records in the USAO's recent productions. This Court should accordingly deny defendant's request for more extreme sanctions," the filing continued.

The Department of Justice had notified Trump's legal team and Bragg's office that it planned to produce 15,000 records as potential evidence late last week. The DOJ investigated the hush-money payment matter while Trump was president.

COMER INVITES HUNTER BIDEN, BUSINESS ASSOCIATES TO TESTIFY PUBLICLY MARCH 20 AMID IMPEACHMENT INQUIRY

The U.S. Attorneys Office said much of the material is unrelated to the state case against Trump. Federal prosecutors have already provided at least 104,000 pages of records — 74,000 of which initially went just to Bragg's office and not to Trump's lawyers.

Bragg's office has since turned over those 74,000 pages to the defense.

The records from federal prosecutors pertain to a federal investigation that touched on the hush money matter and led to prison time for former Trump lawyer Michael Cohen.

Trump's lawyers were seeking a 90-day delay or a dismissal of the charges against him, arguing that there were violations in the discovery process, whereby both sides exchange materials. Defense lawyers claimed that a 30-day adjournment was "insufficient" and asked Merchan to schedule a hearing on discovery.

Trump has pleaded not guilty to 34 felony counts of falsifying business records stemming from alleged hush-money payments to Stormy Daniels, an adult-film actress, during his 2016 presidential campaign. 

Fox News' Louis Casiano contributed to this report.

Trump tells Supreme Court a denial of immunity would ‘incapacitate every future president,’ in initial brief

Former President Trump told the Supreme Court in his initial brief that he should be immune from criminal charges, arguing that a denial would "incapacitate every future president with de facto blackmail and extortion while in office," and would create "post-office trauma at the hands of political opponents." 

Trump, the presumptive GOP presidential nominee, and his legal team filed the 67-page brief to the high court on Tuesday. 

The Supreme Court will hear initial arguments on the issue of presidential immunity on April 25, after Trump argued that he should be immune from prosecution on charges stemming from Special Counsel Jack Smith’s investigation into alleged election interference in 2020 and Jan. 6. 

Smith’s trial is on hold pending the high court’s ruling, which is expected to be handed down in mid-June. 

"A denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents," the brief states. "The threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive and controversial Presidential decisions, taking away the strength, authority, and decisiveness of the Presidency." 

The brief lays out the case brought against Trump. 

SUPREME COURT AGREES TO REVIEW WHETHER TRUMP IMMUNE FROM PROSECUTION IN FEDERAL ELECTION INTERFERENCE CASE

"The indictment charges President Trump with five types of conduct, all constituting official acts of the President," the brief states. "First, it alleges that President Trump, using official channels of communication, made a series of tweets and other public statements on matters of paramount federal concern, contending that the 2020 federal election was tainted by fraud and irregularities that should be addressed by government officials." 

"Second, the indictment alleges that President Trump communicated with the Acting Attorney General and officials at the U.S. Department of Justice (DOJ) regarding investigating suspected election crimes and irregularities, and whether to appoint a new Acting Attorney General," it continues. "Third, the indictment alleges that President Trump communicated with state officials about the administration of the federal election and urged them to exercise their official responsibilities in accordance with the conclusion that the 2020 presidential election was tainted by fraud and irregularities."

TRUMP SAYS SUPREME COURT RULING IN COLORADO CASE IS 'UNIFYING AND INSPIRATIONAL'

"Fourth, the indictment alleges that President Trump communicated with the Vice President, the Vice President’s official staff, and members of Congress to urge them to exercise their official duties in the election certification process in accordance with the position, based on voluminous information available to President Trump in his official capacity, that the election was tainted by extensive fraud and irregularities," it states. "Fifth, the indictment alleges that other individuals organized slates of alternate electors from seven States to help ensure that the Vice President would be authorized to exercise his official duties in the manner urged by President Trump." 

The brief states that according to the indictment, "these alternate slates of electors were designed to validate the Vice President’s authority to conduct his official duties as President Trump urged." 

"President Trump moved to dismiss the indictment based on Presidential immunity," the brief states. "The district court wrongfully held that a former President enjoys no immunity from criminal prosecution for his official acts. The D.C. Circuit affirmed, likewise incorrectly holding that a former President has no immunity from criminal prosecution for official acts." 

The Supreme Court has agreed to hear the appeal. 

Trump's attorneys argue that "A former President enjoys absolute immunity from criminal prosecution for his official acts." 

"Criminal immunity arises directly from the Executive Vesting Clause and the separation of powers," the brief argues. "The Impeachment Judgment Clause reflects the Founders’ understanding that only a President ‘convicted’ by the Senate after impeachment could be criminally prosecuted. The Constitution authorizes the criminal prosecution of a former President, but it builds in a formidable structural check against politically motivated prosecutions by requiring a majority of the House and a supermajority of the Senate to authorize such a dramatic action." 

"The Founders thus carefully balanced the public interest in ensuring accountability for Presidential wrongdoing against the mortal danger to our system of government presented by political targeting of the Chief Executive," the brief states. "The long history of not prosecuting Presidents for official acts, despite ample motive and opportunity to do so over the years, demonstrates that the newly discovered alleged power to do so does not exist." 

TRUMP SPEAKS AFTER SUPREME COURT RULING, TELLS BIDEN TO 'FIGHT YOUR FIGHT YOURSELF'

Trump and his attorney argue that the "lack of historical precedent" provides "a telling indication of a severe constitutional problem with the asserted power."

Trump attorneys also argued that the impeachment judgment clause of the Constitution "confirms the original meaning of the Executive Vesting Clause — i.e., that current and former Presidents are immune from criminal prosecution for official acts." 

Trump attorneys argue that "the Impeachment Judgment Clause provides that, after impeachment and Senate trial, ‘the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.’" 

"By specifying that only the ‘Party convicted’ may be subject to criminal prosecution, the Clause dictates the President cannot be prosecuted unless he is first impeached and convicted by the Senate," the brief states. 

Trump lawyers argued that "the Clause’s plain language presupposes that an unimpeached and un-convicted President is immune from prosecution." 

Smith charged the former president with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. Those charges stemmed from Smith’s investigation into whether Trump was involved in the Jan. 6 Capitol riot and any alleged interference in the 2020 election result.

Trump pleaded not guilty to all charges. 

Trump Georgia case: Five key takeaways from judge’s order giving DA Fani Willis an ultimatum

A Georgia judge on Friday ruled that embattled District Attorney Fani Willis needs to remove her ex-lover and special prosecutor from the case, or step aside herself, scolding her for "making poor choices" and having "tremendous lapse in judgment."

In the 23-page order, Judge Scott McAfee said that lawyers for former President Trump and several co-defendants charged in the sweeping 2020 election interference case "failed to meet their burden of proving" an "actual conflict of interest in this case." 

But McAfee said that the established record of evidence "highlights the appearance of impropriety" that infects the prosecution team unless special prosecutor Nathan Wade is removed, or Willis herself steps aside. 

Here are five key takeaways from the court order: 

JUDGE RULES FANI WILLIS MUST STEP ASIDE FROM TRUMP CASE OR FIRE SPECIAL PROSECUTOR NATHAN WADE

McAfee denied the co-defendants' motion to have Willis disqualified from the case, saying they lacked sufficient evidence that Willis "acquired a personal stake in the prosecution, or that her financial arrangements had any impact on the case."

However, he added that his finding "is by no means an indication that the Court condones this tremendous lapse in judgment or the unprofessional manner of the District Attorney’s testimony during the evidentiary hearing."

"Rather, it is the undersigned’s opinion that Georgia law does not permit the finding of an actual conflict for simply making bad choices – even repeatedly – and it is the trial court’s duty to confine itself to the relevant issues and applicable law properly brought before it," he said. 

Last month, Willis made a surprise court appearance during the two-day evidentiary hearing and, while on the witness stand, verbally sparred with lawyers for hours — at one point, prompting the judge to threaten to strike her testimony. She also raised eyebrows for appearing to be wearing her dress backwards.

The judge wrote in his order, "Other forums or sources of authority such as the General Assembly, the Georgia State Ethics Commission, the State Bar of Georgia, the Fulton County Board of Commissioners, or the voters of Fulton County may offer feedback on any unanswered questions that linger."

"But those are not the issues determinative to the Defendants’ motions alleging an actual conflict," he said.

A Georgia state senate special committee formed in January to investigate Willis has already held one hearing, in which attorney Ashleigh Merchant – who led the allegations in court against Willis – testified that Wade's cellphone data indicated that he had made midnight trips to Willis' condo before he was hired. 

The Georgia House of Representatives also passed a bill earlier this year that would revive the Prosecuting Attorneys' Qualifications Commission, which could be used as a way to oust Willis. 

A Fulton County ethics board that was scheduled to hear complaints filed against Willis earlier this month backtracked after finding that it lacked jurisdiction. But complaints against both Willis and Wade are still pending before the Georgia state bar. 

Defendants had argued that Willis' several public statements on the case were prejudicial. McAfee said that some of those comments, including Willis' "unorthodox decision to make on-the-record comments, and authorize members of her staff to do likewise, to authors intent on publishing a book about the special grand jury’s investigation during the pendency of this case," didn't warrant her disqualification. 

But McAfee said that Willis' racially charged rhetoric about "playing the race card" during a speech at a church service was "legally improper."

"Providing this type of public comment creates dangerous waters for the District Attorney to wade further into. The time may well have arrived for an order preventing the State from mentioning the case in any public forum to prevent prejudicial pretrial publicity," he said. 

Judge McAfee said that Wade's "patently unpersuasive explanation" about inaccurate statements he submitted to the court about his divorce "indicates a willingness on his part to wrongly conceal his relationship with the District Attorney."

JUDGE DISMISSES SOME COUNTS AGAINST TRUMP IN FANI WILLIS ELECTION INTERFERENCE CASE

McAfee said he was "unable to place any stock" in the testimony of Terrance Bradley, the former law partner and Wade's divorce attorney who was considered a key witness of the defense team trying to prove Wade had been romantically involved with Willis prior to his hiring. 

Bradley, when pressed under oath, said he could not recall several details and timelines about conversations he had with former client Wade about Wade's romantic relationship with Willis.

At one point, he was questioned about a text message exchange in which he said Willis’ relationship with Wade had "absolutely" started before he was hired in the DA’s office in 2021. But later in court he claimed he was "speculating" in those comments.

In his order on Friday, McAfee said Bradley’s "inconsistencies, demeanor, and generally non-responsive answers left far too brittle a foundation upon which to build any conclusions."

FANI WILLIS WHO 'RELISHED IN' DONALD TRUMP PROSECUTION SHOULD BE REMOVED FROM CASE FOR ILLICIT AFFAIR: EXPERTS

"While prior inconsistent statements can be considered as substantive evidence under Georgia law, Bradley’s impeachment by text message did not establish the basis for which he claimed such sweeping knowledge of Wade’s personal affairs," McAfee said.

Robin Yeartie, a former "good friend" of Willis and past employee at the DA's office, testified in court that she had "no doubt" Willis and Wade's relationship started in 2019, after the two met at a conference. 

She testified to observing Willis and Wade "hugging" and "kissing" and showing "affection" prior to November 2021 and that she had no doubt that the two were in a "romantic" relationship starting in 2019 and lasting until she and Willis last spoke in 2022.

Judge McAfee in his order Friday said that "while the testimony of Robin Yearti raised doubts about the State’s assertions, it ultimately lacked context and detail." 

"[N]either side was able to conclusively establish by a preponderance of the evidence when the relationship evolved into a romantic one," he added. 

Still, the judge said that "an odor of mendacity remains," and added that "reasonable questions about whether the District Attorney and her hand-selected lead SADA [special assistant district attorney] testified untruthfully about the timing of their relationship further underpin the finding of an appearance of impropriety and the need to make proportional efforts to cure it."

It has not been announced whether Willis will choose to remove Wade from the case or step aside. 

House Oversight Democrats eye Michael Cohen as Biden impeachment inquiry hearing witness: source

Democrats on the House Oversight Committee have reached out to ex-President Trump's former lawyer Michael Cohen about appearing at next week’s impeachment inquiry hearing, a source familiar with the discussions told Fox News Digital.

Oversight Chairman James Comer, R-Ky., is leading an impeachment inquiry into President Biden over accusations he used his position as vice president to enrich himself and his family, which both he and the White House have denied.

The next hearing is scheduled for Wednesday. 

COMER INVITES HUNTER BIDEN, BUSINESS ASSOCIATES TO TESTIFY PUBLICLY MARCH 20 AMID IMPEACHMENT INQUIRY

Democrats on the panel hope that a potential Cohen appearance could turn the spotlight at the highly-publicized event onto Trump, according to the source. 

They "believe Cohen could help focus the hearing on Donald Trump by delivering first-hand testimony on Trump’s foreign business deals while he was president," the source said.

The source said Democrats think Cohen’s appearance and testimony could also force Republicans to respond in real time, and on camera, to criticism that they ignored allegations that Trump profited from countries like China while in office.

Fox News Digital reached out to House Oversight Committee Democrats about Cohen.

HUNTER BIDEN ADMITS HE PUT HIS FATHER ON SPEAKERPHONE, INVITED HIM TO MEETINGS, BUT DENIES 'INVOLVEMENT'

Cohen, Trump’s former lawyer, was once one of his fiercest defenders, even serving part of a three-year prison sentence over charges linked to his defense of the ex-president. Cohen has become a vocal critic of Trump’s since his November 2021 release and admitted to investigators in 2018 that he arranged hush money payments to two women on Trump’s behalf. Trump has publicly denied wrongdoing.

House Republicans are investigating whether Biden was part of an influence-peddling scheme with relatives including his son, Hunter Biden, specifically scrutinizing the younger Biden’s business dealings with China and Ukraine. 

Hunter Biden recently turned down House Republicans’ invitation to appear at the same hearing that Democrats are in communication with Cohen about.

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

In a letter sent to Oversight committee investigators earlier this week, Hunter Biden’s lawyer Abbe Lowell said that a scheduling conflict prevented their appearance, while also criticizing the hearing itself.

"Your blatant planned-for-media event is not a proper proceeding but an obvious attempt to throw a Hail Mary pass after the game has ended," Lowell wrote.