Edward Snowden calls on Biden to veto FISA renewal after Senate vote

Whistleblower Edward Snowden called for President Joe Biden to veto the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) on Saturday after the Senate voted to pass the re-authorization on Friday. 

"The House has voted to approve unconstitutional, warrantless searches of Americans' communications," Snowden wrote on X, formerly Twitter. "Now the Senate has too—late on Friday, after the media had gone home. Only the President can stop it from becoming law, and he won't—because he's the one that asked for it."

Snowden's statements come after the upper chamber voted 60-34 to pass the re-authorization. Section 702 serves as a critical tool used by the government to gather intelligence on foreign subjects using the compelled assistance of electronic communication service providers. 

SENATE PUSHES FORWARD FISA SURVEILLANCE BILL AS EXPIRATION LOOMS

The measure is now headed to Biden's desk for his signature. 

Attorney General Merrick Garland issued a statement following the vote, calling Section 702 "indispensable to the Justice Department’s work to protect the American people from terrorist, nation-state, cyber, and other threats." 

"In today’s heightened global threat environment, the Justice Department will continue to use Section 702 to ensure that our efforts to keep our country safe are informed by the most valuable and timely intelligence, as we continue to uphold our commitment to protect the rights of all Americans," Garland said in the statement. 

The provision lapsed for less than an hour at midnight on Friday. Had the provision expired, companies would not have been forced to comply with government requests for surveillance aid under the bill. The government would then be required to obtain a warrant to compel any such assistance from companies.

Bipartisan coalitions have grown on both sides of Section 702 renewal, with some arguing that the provision is a vital national security necessity, and others expressing concern over its violations of constitutional protections.

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

Amendments proposed by Sens. Rand Paul, R-Ky., Roger Marshall, R-Kan., Ron Wyden, D-Ore., Josh Hawley, R-Mo., Mike Lee, R-Utah, and Senate Majority Whip Dick Durbin, D-Ill., were voted on prior to the bill's final consideration. 

"We cannot continue sacrificing our freedoms in the name of security. Rather than reining in FISA overreach, RISAA expands it dramatically," Paul said before voting on his amendments commenced. "I urge my colleagues to support meaningful reforms that protect both national security and civil liberties."

Sen. Mark Warner, D-Va., spoke out against the consideration of the amendments given the short deadline. None of the amendments secured enough votes, however, and were not added to the bill as a result. 

The House of Representatives voted to pass the bill earlier this month, placing Speaker Mike Johnson in a tough spot between privacy and national security hawks within his conference. 

Fox News' Julia Johnson and Elizabeth Elkind contributed to this report. 

Fetterman highlights need for ‘safe, pure, taxed’ marijuana in 4/20 push to legalize weed

Sen. John Fetterman, D-Penn., made his case for marijuana legalization ahead of April 20, known as a holiday of sorts for those who enjoy smoking or otherwise consuming the drug. 

"Right now, we're doing this interview in Washington, D.C., and right now I could leave [and] go buy marijuana legally," Fetterman told Fox News Digital in an interview on Friday. He compared the capital's policy on the drug to that of his home state Pennsylvania, which only allows residents to legally use marijuana for medicinal purposes. 

"Pennsylvanians wanted this five years ago," he claimed, recalling his time campaigning throughout the state. "We're still not there."

SENATE PASSES FISA SURVEILLANCE TOOL RENEWAL MINUTES AFTER MIDNIGHT DEADLINE

Fetterman noted that most of the states surrounding the Keystone State had already made the drug legal for adults. "It's not complicated. Other states have done that," he said. 

Ohio, New York, New Jersey, Delaware, Maryland, and Virginia, which surround Pennsylvania, have legalized marijuana for adult recreational use in small amounts. 

The origins of 4/20's association with marijuana are not agreed on, but it has been speculated that the holiday could have started in several ways. Some theorize that the number 420 was used by police to reference the drug, while others point to Bob Dylan's "Rainy Day Women #12 & 35," noting that when the numbers are multiplied they equal 420. Despite the various theories, there does not appear to be consensus on how the day began. 

GOP LAWMAKERS SLAM BIDEN ADMINISTRATION'S NEW TITLE IX PROTECTIONS FOR 'GENDER IDENTITY'

"It needs to be safe, pure, taxed and available," Fetterman said, explaining that illegally purchased versions of the drug are difficult to trace and could be cut with dangerous substances, such as fentanyl.

According to the National Conference of State Legislatures, marijuana in small amounts has been made legal for recreational use by adults in 24 states, as well as Washington, D.C., and two U.S. territories. 

"Any adult should be allowed to do that legally without any criminal … blowback," the Pennsylania senator said. 

REPUBLICANS ACCUSE BIDEN, SCHUMER OF EMBOLDENING IRAN PRIOR TO ATTACK ON ISRAEL

Fetterman told Fox News Digital that he has encouraged President Biden directly to take federal steps towards "liberalizing" the drug. 

He has also lobbied Biden to deschedule marijuana from the Controlled Substances Act (CSA), under which the Drug Enforcement Administration (DEA) currently lists it as schedule I. This schedule includes drugs "with no currently accepted medical use and a high potential for abuse." Marijuana is included in the list of schedule I substances, alongside heroin, lysergic acid diethylamide (LSD), ecstasy, and peyote, among others. 

Fetterman stressed he doesn't believe "anyone [should] have their lives impacted criminally for a nonviolent marijuana charge."

‘CONSTITUTIONAL AUTHORITY’ OF SENATE DEMS QUASHING MAYORKAS IMPEACHMENT TRIAL QUESTIONED BY EXPERTS

As for illegal markets that still exist in states where marijuana has been legalized, he noted that no states have implemented the policy perfectly, "but I think you'll see that that will continue to evolve."

"Marijuana is going to continue" to become cheaper as policy develops, and "that will absolutely eliminate any of [those] illegal markets," he claimed. 

The senator also emphasized the bipartisan nature of efforts to reform marijuana policy. "Republicans want legal weed. Democrats want legal weed," he said. "And I think this is a [place] where we could come together in a bipartisan way to say, 'Look, let's do this and just get on with it.'" 

Biden mocks Trump for legal woes: ‘A little busy right now’

President Biden took a jab at his presumptive Republican rival for the presidency while campaigning in Pennsylvania.

Biden made the remark while speaking at the United Steelworkers headquarters in Pittsburgh, Pennsylvania, on Wednesday.

"Under my predecessor, who’s a little busy right now, Pennsylvania lost 275,000 jobs," Biden said while boasting of his economic policies' benefit to blue collar workers.

WHITE HOUSE DEEMS HOUSE IMPEACHMENT INQUIRY 'OVER,' PRESIDENT BIDEN FORMALLY DECLINES TO TESTIFY

United Steelworkers endorsed the Biden-Harris ticket last month, applauding the president's investments in "worker-centered trade policy."

"President Biden proved time and again during his first term that he stands with working families," USW International President David McCall said in the March announcement. 

He added, "His vision and leadership allowed our nation to strengthen workers’ access to collective bargaining, grow the middle class, and embark on a path to widespread prosperity."

BIDEN RETURNS TO CAMPAIGN TRAIL AS TRUMP FORCED TO REMAIN IN COURT FOR SECOND DAY OF NEW YORK HUSH MONEY TRIAL

While Biden is on the road campaigning, Trump is currently stuck in New York City for his criminal trial surrounding alleged hush money payments to Stormy Daniels during his successful 2016 presidential campaign. 

Trump has been charged with 34 counts of falsifying business records in the first degree. It is the first ever criminal trial of a former president.

Trump has been ordered to attend the daily court proceedings of the trial. Judge Juan Merchan told Trump that if he fails to be present, a warrant will be issued for his arrest.

"It’s a scam. It’s a political witch hunt," Trump said after court adjourned Monday. Trump pleaded not guilty to all counts last year.

Fox News Digital's Lawrence Richard contributed to this report.

White House deems House impeachment inquiry ‘over,’ President Biden formally declines to testify

The White House formally declined an invitation by House Oversight Committee Chairman James Comer, R-Ky., for President Biden to testify in connection to his son Hunter’s business dealings.

"As our Office has demonstrated, and you acknowledged in a recent fundraising email, your impeachment investigation is over," Richard Sauber, special counsel to the president, wrote in a letter to Comer on Monday. "It is past time for the House to focus on the issues that matter to the American people rather than continuing to waste time and taxpayer resources on this partisan charade." 

Sauber said the House Oversight Committee’s impeachment inquiry "has succeeded only in turning up abundant evidence that, in fact, the President has done nothing wrong." 

"Yet rather than acknowledge this reality, your March 28, 2024, letter contains the same litany of false allegations that have been repeatedly debunked and refuted by the very witnesses you have called before your Committee and the many documents you have obtained," the special counsel told Comer. "Your insistence on peddling these false and unsupported allegations despite ample evidence to the contrary makes one thing about your investigation abundantly clear:  The facts do not matter to you." 

BIDEN IMPEACHMENT EFFORT STARTING TO 'LOSE STEAM,' HOUSE REPUBLICANS SAY

The National Review published a full copy of the letter also obtained by The Associated Press and other outlets.

Reacting to President Biden’s refusal to testify, Comer issued a blistering statement on his X account, declaring, "The apple doesn’t fall far from the tree in the Biden family." 

"Like his son, Hunter Biden, President Biden is refusing to testify in public about the Bidens’ corrupt influence peddling," Comer wrote. "This comes as no surprise since President Biden continues to lie about his relationships with his son’s business partners, even denying they exists when his son said under oath during a deposition that they did. It is unfortunate President Biden is unwilling to answer questions before the American people and refuses to answer the very simple, straightforward questions we included in the invitation. Why is it so difficult for the White House to answer those questions? The American people deserve transparency from President Biden, not more lies."

Despite providing testimony behind closed doors, Hunter Biden declined to testify in a public committee alongside former business associates, Tony Bobulinski and Jason Galanis, regarding alleged "pay-for- influence" schemes to provide access to certain offices in exchange for payments to the Biden family.    

Notably, Bobulinski at the committee hearing accused Hunter Biden and his uncle, James Biden, of lying under oath regarding the nature of their dealings with the Chinese conglomerate CEFC. 

In a March 28 letter, Comer invited President Biden to "explain, under oath," what involvement he had in the Biden family businesses, claiming the committee "has accounted for over $24 million that has flowed from foreign sources to you, your family and their business associates." 

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

The letter included questions about Biden’s interactions with specific foreign business officials. 

Comer told President Biden that "you have asserted your pressuring Ukraine in 2015 to fire a government official investigating a company in which your son has a financial interest was wholly in line with U.S. policy." 

The committee received bank records showing Hunter Biden was paid $1 million per year for his position on the board of the Ukrainian company Burisma until Joe Biden left office, when Hunter’s salary "was inexplicably cut in half," Comer wrote. The letter specifically asks if President Biden has interacted with executives at Burisma Holdings, which was at the center of the indictment of a former FBI informant in February who the Justice Department accused of providing false information to the FBI.  

The indictment says the former informant, Alexander Smirnov, claimed that during meetings with Burisma executives, they admitted to hiring Hunter to "protect us, through his dad, from all kinds of problems," and later that they had specifically paid $5 million for such protection. But the DOJ goes on the claim that those events that Smirnov first reported to the FBI Agent in June 2020 were "fabrications." 

Sauber, who was brought on in 2022 to oversee the president’s response to congressional investigations into the Biden family, is leaving the White House early next month to return to the private sector. 

To replace him, the White House is elevating his deputy, Rachel Cotton. 

The Associated Press contributed to this report. 

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors

The White House is not taking any cues from Republicans who have advised President Biden to withdraw a controversial judicial nomination.

Instead, it's digging in its heels to lobby Democratic senators to support Adeel Mangi for the 3rd Circuit Court of Appeals. 

A White House official updated Fox News Digital on the status of Mangi's nomination, which has been scrutinized over his ties to two groups, one accused of antisemitism and another that has supported "cop killers," as Republican critics have alleged. 

Biden is not considering withdrawing the judicial nomination despite a call from Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

Mangi served on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR) from 2019 to 2023. The center has been accused by Republicans of antisemitism due to its sponsored events and speakers. One such event was held on the 20th anniversary of the Sept. 11, 2001, terrorist attacks and featured controversial speakers like Hatem Bazian, who in 2004 called for an "intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian.

In 2006, Al-Arian pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department

SEN. ERNST CITES JEWISH STUDENT DISCRIMINATION IN BID TO PROTECT FREE SPEECH ON CAMPUSES

Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad, was also hosted at a CSRR event. 

The Alliance of Families for Justice (AFJ), whose founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died following an armored truck robbery, features Mangi as a current advisory board member. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

As pressure has been applied by Republican lawmakers and an ad campaign from Judicial Crisis Network targets vulnerable Senate Democrats, Biden's nominee has begun to lose support from his party. Senators Catherine Cortez Masto, D-Nev., and Jacky Rosen, D-Nev., have come out publicly against Mangi, citing his AFJ affiliation. 

Sen. Joe Manchin, D-W.Va., has also complicated the nomination by claiming he won't support anyone who can't garner at least one Republican supporter. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The opposition to Adeel Mangi — in and outside the Senate — is growing by the day," a spokesperson for the Senate Judiciary Republicans told Fox News Digital in a statement. 

"It’s clear the math is not there for the White House," the statement added, calling Biden's decision not to withdraw Mangi's nomination "puzzling indeed."

White House spokesperson Andrew Bates pushed back in a statement to Fox News Digital. 

"President Biden is proud to have chosen Adeel Mangi," he said, calling Mangi "an extraordinarily qualified nominee" and noting he "would make history on the bench" as the first Muslim in such a position.

"The Senate Judiciary Committee has approved Mr. Mangi’s nomination, and the rest of the Senate should side with what makes America the greatest nation on Earth and support him, not cave to vicious, undignified attempts to drag America into the past," Bates added. 

White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel and White House senior counsel in charge of nominations Phil Brest, continue to press senators to support Mangi, who would be the first Muslim federal appellate court judge, a White House official revealed. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

Through these officials, the White House is persisting and pushing back on the concerns over Mangi's two group affiliations in question, telling senators they are false and a smear campaign. They are also reiterating to lawmakers that the nominee is qualified for the role. 

Senate Judiciary Chariman Dick Durbin, D-Ill., will also keep up pressure on his colleagues to support Mangi and dismiss what he also considers to be a smear campaign. 

"The treatment of this nominee before the Senate Judiciary Committee has reached a new low in many ways," he said in a recent speech on the chamber floor, insinuating Mangi's status as a Muslim is the reason for opposition to his confirmation.

If Biden does not withdraw Mangi's nomination and it is not scheduled for a confirmation vote in 2024, the nomination will expire on its own. In this case, he would need to be nominated again in the next Congress. 

The nomination has not yet been scheduled for a vote by Senate Majority Leader Chuck Schumer, D-N.Y., who has noted his own support for Mangi but hasn't given any indication whether he plans to schedule a vote. 

Republican strategist Ron Bonjean, a former spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference, said it was "unlikely" Mangi's nomination survives a Senate confirmation. 

"The White House has not put up an aggressive defense of Mangi, which is really sending my message that he should withdraw [on] his own," said Bonjean, who also ran communications for the Senate confirmation of Supreme Court Justice Neil Gorsuch. "Unless the Biden administration changes its strategy, the Mangi nomination is dead in the water."

Mangi did not provide comment to Fox News Digital.

Dem senators voice concerns over Israel war status as Biden attempts ‘challenging’ balance with progressives

Senate Democrats expressed concerns over the status of the war between Israel and the terrorist organization Hamas in Gaza Tuesday as President Biden looks to strike a balance between supporting the U.S. ally and addressing concerns of progressives and Arab and Muslim voters who have made their displeasure known amid the conflict. 

"I don't support a cease-fire. I've been very clear about that," Sen. John Fetterman, D-Pa., told Fox News Digital Tuesday. 

In a call last week with Israeli Prime Minister Benjamin Netanyahu following an airstrike from the country that killed seven workers delivering food and aid in Gaza, Biden called for an immediate cease-fire to address the need to get aid to the war zone.

Biden's move to endorse a cease-fire comes as pro-Palestinian protests have plagued his campaign events in recent months. 

PRO-PALESTINIAN PROTESTERS' PAINTED RED HANDS A 'SYMBOL' ROOTED IN 'CRAZE TO SEE BLOOD': EXPERT

"There's been far too much civilian death right now," Sen. Chris Murphy, D-Conn., said of the situation in Gaza. However, he credited Biden with increasing pressure on Israel with "an uptick in humanitarian deliveries in the last few days."

Criticism over Biden's backing of ally Israel has ramped up in recent days, as reports emerged of his anger and frustration over the country's killing of several aid workers in Gaza. Last month, the U.S. allowed a United Nations Security Council resolution calling for a cease-fire to pass, breaking from a streak of vetoing similar measures.

Netanyahu slammed the move, claiming at the time the "United States has abandoned its policy in the U.N. today. Just a few days ago, it supported a Security Council resolution that linked a call for a cease-fire to the release of hostages."

ANTI-ISRAEL AGITATORS SHUT DOWN SENATE CAFETERIA; AROUND 50 ARRESTED

The prime minister attributed his cancellation of an Israeli delegation's trip to Washington, D.C., to the resolution's passage. 

Just two weeks after Biden's administration allowed the U.N. resolution to pass, Vice President Kamala Harris met with families of American hostages held in Gaza Tuesday. According to a readout from Harris' office on the meeting, she updated the families on U.S. efforts to bring home all hostages and reaching an agreement for an immediate cease-fire.

A White House official shared that efforts are ongoing to secure the release of more hostages and noted that the passed U.N. resolution additionally called for the release of hostages. However, the resolution did not include condemnation of Hamas, which prompted criticism against the Biden administration.

At a Senate Republican lunch Tuesday, GOP conference Chairman John Barrasso, R-Wyo., circulated a document to his colleagues, listing "27 times Biden & Democrats abandoned Israel" since the initial Oct. 7 Hamas attack. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

The document, exclusively obtained by Fox News Digital, listed events, including the Biden administration urging Israel to end a ground campaign in Gaza last year and Senate Democrats in November voting against a stand-alone Israel aid bill that did not tie the assistance to aid for Ukraine. 

"President Biden is demanding a highly damaging, unconditional cease-fire. Meanwhile, Democrats in Congress are equating Prime Minister Netanyahu to Hamas. These unprecedented actions undermine Israel’s mission to free the hostages and eliminate Hamas," Barrasso told Fox News Digital in an exclusive statement. 

Asked how Biden was handling support for Israel at the same time as addressing concerns for Palestinian civilians, Sen. Mark Kelly, D-Ariz., said, "It's a challenging situation."

Sen. Elizabeth Warren, D-Mass., avoided criticizing Biden for his handling of the Israel-Hamas war, instead telling Fox News Digital, "I lay blame with the Netanyahu government that has created a humanitarian disaster and doing everything possible every single day to make it worse."

DESPERATE ZELENSKYY WARNS 'UKRAINE WILL LOSE THE WAR' IF CONGRESS DOES NOT SEND MORE AID

While Fetterman noted his disagreement with Biden on a cease-fire, he said, "Overall, I think the president has remained to stand with Israel.

"But we need to allow Israel to finish off and go after Hamas." 

While Democrats were hesitant to address Biden's policy toward Israel directly, Senate Republicans were more than willing to slam the president for making decisions on the war based on "political calculus," as Sen. JD Vance, R-Ohio, claimed.

"I think it's really about trying to appease the increasingly vocal, frankly, pro-Hamas wing, I guess, of their party," said Sen. Josh Hawley, R-Mo. "I mean, they must think that they have a lot of votes they need to open for them."

According to Vance, Biden's posture on the war is "completely inconsistent" today with what it was "two months ago."

"And they're doing it because they're worried about losing certain populations in Michigan," Vance claimed, likely referencing the significant Arab and Muslim populations in the state. 

Since the onset of the war in Gaza, Biden's 2024 re-election campaign has faced obstacles among Muslim supporters, who have claimed they are willing to turn their backs on him. 

His campaign has also seen efforts rebuffed by Muslim leaders who have on multiple occasions refused to meet with the president's team in campaign or official capacities. 

The Biden campaign did not respond to Fox News Digital's request for comment.

Sen. Rick Scott, R-Fla., blasted Biden's response to Israel's strike that killed seven aid workers, claiming it was held to a "different standard." 

"Why don't they tell us who got held accountable for the 13 people, warriors killed at the Kabul airport?" he asked, referencing the deaths of several service men and women during the U.S. withdrawal from Afghanistan, overseen by Biden. 

Making a similar point, Fetterman explained, "I mean, terrible, terrible things often happen in a war situation, and we really cannot forget that this is all because of Hamas." The senator referenced a U.S. drone strike in 2021 that mistakenly killed a number of Afghani civilians in a car. 

The Hitchhiker’s Guide to Mayorkas’s impeachment trial

We’ve seen impeachment trials a lot on Capitol Hill in recent years. The Senate conducted two impeachment trials of former President Trump in early 2020 and early 2021.

But no living American has ever witnessed the impeachment trial which is about to begin in the United States Senate.

Blink and you might miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Mayorkas became only the second cabinet secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand yet on how he’ll handle the articles, but Schumer is expected to move to dismiss or table the articles. The Senate must vote to do that. If all 51 senators who caucus with the Democrats vote to punt, they can extinguish the trial quickly.

ABBOTT SENDS BIDEN MESSAGE AS TEXAS NATIONAL GUARD REINFORCES BORDER RAZOR FENCING

But don’t expect Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and other Republicans may try to elongate the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So expect them to make points of order – possibly forcing the Senate to vote – to consider the articles. However, Senate Democrats can euthanize each of those points of order – if they stick together and table each of the GOP motions.

Still, the trial might not last long. But here’s the minimum which must unfold on the Senate floor over the coming days.

Expect the following:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (directly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment "managers." They serve as de facto "prosecutors," presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves as the lead impeachment manager. All 100 senators will sit as "jurors" when the trial begins. Mayorkas does not appear at the trial nor is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, across the Capitol Rotunda, to the Senate wing of the Capitol. That’s where the Senate will "receive" the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage in the Senate wing of the Capitol and escort everyone to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – the most senior member of the majority party. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice typically only presides over impeachment trials involving the President or Vice President. Roberts was in charge for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore back then.

MARJORIE TAYLOR GREENE'S RED LINE ON SPEAKER JOHNSON

The impeachment articles are then read to the Senate.

It’s possible Lee and company could try to offer their motions then. But Murray could rule him out of order. The Senate hasn’t even sworn-in senators yet to adjudicate the trial. Moreover, the Senate could find itself either in legislative session (working on a bill) or executive session (working on a nomination) when the Senate stops its action to receive the articles. Therefore, motions by senators pertaining to the trial aren’t applicable at that moment.

Under Senate impeachment rules, things really get started the next day at 1 pm ET. That’s when the Senate swears in the senators. Gibson will announce that everyone should remain quiet "on pain of imprisonment." At that point, we are technically "in trial." Thus, motions are in order. In the past, the Senate could consider a resolution to establish parameters for how to handle the trial. Schumer could possibly move immediately to dismiss or table the articles. Or Lee and company could make their motions as well.

But here’s the problem for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is recognized first by Murray, the presiding officer. Schumer could potentially short-circuit anything Republicans want to do by jumping ahead and making a motion to table or dismiss. The Senate would then vote on whether to halt proceedings right there. Republicans may never get a shot.

It is important to note that senators don’t "debate" during an impeachment trial. However, they could agree to debate in closed session – not out in the open.

I WANT MY MTV (MOTION TO VACATE): SPEAKER JOHNSON FACES POTENTIAL THREAT WHEN CONGRESS RETURNS

However, a vote to dismiss the articles – or on anything Republicans cook up – carries political consequences for Democrats facing competitive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will likely weaponize any roll call vote Democrats to truncate the impeachment trial. Republicans will try to portray these vulnerable Democrats as not taking the border or the charges leveled at Mayorkas seriously.

In short, the trial is likely to be short. Not the impeachment trials of former President Trump. The Senate spread out the first one over a period of 19 days. The second one consumed five days.

In fact, the model for a quick dismissal is an impeachment you probably haven’t heard of: Former federal judge Samuel Kent in 2009.

The House impeached Kent in June 2009. But Kent stepped down before the Senate trial began. The House then adopted a resolution to halt its "prosecution" of Kent. The Senate then voted to dispense with the articles before conducting a trial.

So Kent’s circumstances are not exactly what will go down with Mayorkas. But Kent’s scenario of a quick dismissal is closer to what could unfold in the next few days compared to the more robust trials of former President Trump.

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. 

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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. 

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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.