Biden’s ‘privilege’ claims sound like arguments Trump officials made before getting thrown in jail: attorney

President Biden's assertion of executive privilege to prevent recordings of his interviews with special counsel Robert Hur from being released shares some similarities with former President Trump's attempts to use privilege while in the White House, according to one legal expert.

Though transcripts of Biden's interview with Hur have already been released to a committee, the White House asserted executive privilege to block the audio recordings from becoming public while arguing in lockstep with Attorney General Merrick Garland that "law enforcement files like these need to be protected."

"The same arguments were made during the Trump years as are being made now. It's just that the roles are reversed," former Assistant U.S. Attorney Andrew McCarthy told Fox News Digital

"For example, during the Mueller investigation, Trump made available Don McGahn, who was the White House counsel. They not only let Mueller interview McGahn at length, but McGahn took voluminous notes of his conversations with Trump, which they also turned over. And then Democrats wanted to subpoena McGahn to come to the House Judiciary Committee, and the Republicans fought it.

BIDEN'S PRIVILEGE CLAIM TO KEEP SPECIAL COUNSEL INTERVIEW UNDER WRAPS A 'CRUDE POLITICS' MOVE: EXPERTS

"What they said was giving information to an executive branch prosecutor doesn't waive the privilege as to Congress," he added. "The Democrats all said that this was an obstruction of justice, that it was outrageous, that he'd already waived the privilege by allowing McGhan to speak to the prosecutor."

Executive privilege has been around since the earliest days of the country and gives the executive branch the ability to withhold certain internal discussions and documents from scrutiny by the courts and the legislative branch. It allows the president some breathing room for his own deliberations with staff.

"The fact is that since the Republic started, presidents have been withholding information from Congress," McCarthy said.

Congress has a variety of tools it can use to pry information out of the executive branch, including by holding people in contempt. 

"Congress has a whole arsenal of stuff from the Constitution, powers that it can use to fight back and pry information out of the executive branch," McCarthy said. "You know, you can slash budgets or hold up appointments, and if it gets bad enough, you can start holding people in contempt. … The final option, obviously, is impeachment."

McCarthy warned, however, that if the president's party has enough influence in Congress, those efforts can be more challenging.

"If the president's party has enough sway in Congress that you can stop that arsenal from being used, then the whole thing is just a political calculation," he said. "Like for Biden here, it's how much worse would I be hurt by letting the tape come out or the recording come out than by stonewalling. It looks like the tape is so bad, he's decided that even though he's going to be damaged by stonewalling, that's better than letting the tape out."

McCarthy also highlighted how the media has reacted to Biden's assertion of executive privilege, saying they'll report on the matter in an attempt to preserve their integrity and then move on from it to "help Biden bury it."

"The usual problem that you always have here is that when Republican administrations stonewall, the media gets all whipped up about it, and when Democratic administrations stonewall, they feel like they have to cover it for a day or two so that they can say they covered it but then move on to another subject and help Biden bury it, or at least they'll try," he said.

Garland on Thursday defended Biden's decision to assert executive privilege, saying the subpoena for audio recordings "is one that would harm our ability in the future to successfully pursue sensitive investigations."

"There have been a series of unprecedented, frankly, unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk," he added.

"It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the President’s claim of executive privilege cannot be prosecuted for criminal contempt of Congress," Associate Attorney General Carlos Uriarte wrote in a letter Thursday to GOP Reps. Jim Jordan and James Comer, chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively.

That "longstanding position," however, was challenged following Trump's term in the White House and the Capitol protests Jan. 6, 2021. 

Two individuals who served in the Trump administration and raised executive privilege claims — former White House chief strategist Steve Bannon and former Trump adviser Peter Navarro – have been convicted of contempt of Congress and sentenced to serve jail time for their refusal to comply with subpoenas issued by the now-defunct House select committee investigating the Capitol protests.

TRUMP ALLY STEVE BANNON LOSES APPEAL ON CONTEMPT CONVICTION AS HE FIGHTS TO STAY OUT OF PRISON

Bannon, 70, was sentenced to four months in prison in October 2022 and a $6,500 fine for ignoring a congressional subpoena.

Bannon's appeal was denied last week after the U.S. Court of Appeals for the D.C. Circuit released a 20-page opinion that said granting Bannon's appeal would "hamstring Congress’s investigatory authority."

Bannon claimed he acted on the advice of his legal team and did not intend to break the law. Judge Bradley Garcia wrote the acting on "advice of counsel" defense is "no defense at all."

The ruling will be appealed, Bannon's attorney, David Schoen, told Fox News Digital last week.

Schoen noted that Bannon's attorney at the time he received the subpoena, Robert Costello, advised his client that he was not permitted, as a matter of law, in any way to respond to the notice, saying executive privilege had been raised and that it was not his privilege to waive it. Costello wrote the committee to inform it that Bannon would comply if the panel worked out any privilege issues with former President Trump or if a court ordered him to comply, Schoen said.

Similarly, Navarro, who reported to prison in Miami in March following an order from the U.S. Supreme Court, was charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the events of Jan. 6.

Though Navarro is attempting to appeal his contempt of Congress conviction, the court refused to postpone his imprisonment until after the appeal is concluded.

Navarro claimed 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.

The lower courts found that Navarro could not actually prove Trump had invoked executive privilege.

Biden's decision to assert the privilege, according to White House press secretary Karine Jean-Pierre, came at the request of Garland. Jean-Pierre said it was Garland's suggestion that "law enforcement files like these need to be protected."

The House Judiciary Committee on Thursday advanced a resolution to hold Garland in contempt of Congress over the Justice Department’s failure to produce the subpoenaed audio recording of Biden’s interview with Hur. The vote advances the measure for a full floor vote.

Hur led the investigation into Biden's handling of classified documents after his departure as vice president under the Obama administration. Hur announced in February that he would not recommend criminal charges against Biden for possessing classified materials after his vice presidency, saying Biden is "a sympathetic, well-meaning, elderly man with a poor memory."

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Hur wrote in the report that "it would be difficult" to convince a jury to convict Biden of any willful crime, citing his advanced age. 

The findings sparked widespread outrage that Biden was effectively deemed too cognitively impaired to be charged with a crime but could serve as president. Trump has meanwhile slammed the disparity in charges as a reflection of a "sick and corrupt, two-tiered system of justice in our country."

Fox News' Chris Pandolfo, Elizabeth Elkind, Louis Casiano and Emma Colton contributed to this report.

White House walks diplomatic tightrope on Israel amid contradictory messaging: ‘You can’t have it both ways’

The Biden administration has been taking criticism as of late for what some have described as conflicting messaging on key subjects relating to the United States' top Mideast ally: Israel.

During a daily briefing last week, Fox News White House correspondent Jacqui Heinrich pressed White House press secretary Karine Jean-Pierre about the administration's attestation to an "ironclad commitment" to Israel while "slow-walk[ing] arms sales."

Jean-Pierre replied, in part, by reiterating America's commitment to Israeli security remains "ironclad."

Meanwhile, President Biden himself pledged that if the Israel Defense Forces incur substantively into the southern Gazan city of Rafah, "I’m not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities – that deal with that problem."

BLINKEN DELIVERS STRONGEST REBUKE OF ISRAEL YET: ‘GET OUT OF GAZA’

Several lawmakers have taken issue with the administration's stance, including Rep. Mike Rogers, R-Ala., chair of the House Armed Services Committee, who called the president's recent tack "another shortsighted decision by Biden that undermines our allies, emboldens our adversaries, and sends the message that the U.S. is unreliable."

"Our adversaries would love nothing more than to drive a wedge between the U.S. and Israel," Rogers told Fox News Digital in a statement Friday. "Israel has the right to defend itself against Hamas and Iran."

Rogers' counterpart in the Senate, Armed Services Committee ranking member Roger Wicker, R-Miss., also called out Biden over a May 8 Associated Press report that the U.S. indeed paused a shipment of bombs in response to Israel potentially making a decision on a "full-scale assault" on Rafah.

"If Hamas laid down its weapons, the war would be over. But if Israel lays down its weapons, it would be the end of Israel," Wicker said. 

MIKE PENCE ACCUSES BIDEN OF IMPEACHMENT HYPOCRISY

"Unfortunately, President Biden has this backwards. He has withheld arms for our staunchest ally one day then professed solidarity with the Jewish people the next," the Magnolia State lawmaker added.

Former National Security Council official Victoria Coates said of the administration's conflicting messaging, "you can't have it both ways."

"You're going to have to pick a team and put on a jersey and get in a fight. And the administration is desperately trying to please both sides," Coates said.

"And what they've achieved is that both sides are very angry with them. So, you know, it's it's just a massive failure both on the policy and the political front."

Two other GOP senators, Ted Budd of North Carolina and Joni Ernst of Iowa, wrote the White House a detailed letter demanding issue-specific answers from Biden on his comments on arms sales and Rafah.

Some of the questions posed included demands on which types of ammunition are reportedly being withheld, whether any arms withheld were part of those directly approved by Congress in a recent supplemental appropriation, and how such reports square with the president's April 23 pledge to "make sure that Israel has what it needs to defend itself against Iran and terrorists it supports."

"Why did your administration fail to notify Congress about this decision to withhold assistance to Israel?" Ernst and Budd asked in the letter. 

"We must give Israel the arms it needs to fight the Hamas terrorists that continue to hold Americans hostage. We call on your administration to immediately restart the weapons shipments to Israel today."

In a statement, Budd told Fox News Digital one of his constituents, Keith Siegel, remains in Hamas captivity along with seven other U.S. citizens.

"President Biden is making it harder to secure the hostages’ freedom," Budd said.

Another Republican lawmaker, House Foreign Affairs Committee Chair Michael McCaul of Texas, called the threat of an arms embargo a "dangerous mistake" and "shortsighted."

On his Fox News program, "Life, Liberty & Levin," former Reagan Justice Department chief of staff Mark Levin went so far as to say Biden's actions have renewed "ancient blood libels against Jews."

Stateside, Biden has condemned the "ferocious surge of antisemitism in America" and said that "there’s the right to protest, but not the right to cause chaos" only after he tried to clean up comments made during a press gaggle where he said, "I also condemn those who don’t understand what’s going on with the Palestinians …"

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The administration has been criticized for declining to take a tough stance against criminal acts committed by some anti-Israel agitators on college campuses or call on law enforcement to step in.

In April, 27 Republican senators wrote a letter to Attorney General Merrick Garland and Education Secretary Miguel Cardona to demand an update on any efforts to curb the "outbreak of anti-Semitic, pro-terrorist mobs on college campuses."

"These pro-Hamas rioters have effectively shut down college campuses and have literally chased Jewish students away from our schools," the letter reads in part. "The Department of Education and federal law enforcement must act immediately to restore order, prosecute the mobs who have perpetuated violence and threats against Jewish students, revoke the visas of all foreign nationals (such as exchange students) who have taken part in promoting terrorism, and hold accountable school administrators who have stood by instead of protecting their students."

In response to the protests, Rep. Michael Lawler, R-N.Y., of whose district 90,000 Jewish U.S. citizens call home, drafted the Antisemitism Awareness Act, which successfully passed the House, 320-91, with some "nay" votes falling on grounds the bill would purportedly infringe upon First Amendment rights. Lawler's office did not respond to requests for comment on this story.

Fox News Digital reached out to the White House for comment but did not receive a response by press time.

Fox News' Jacqui Heinrich, Bradford Betz, Greg Norman and Andrew Mark Miller contributed to this report.

Biden torched by Republicans for tougher immigration rule ahead of November election

Republicans slammed President Biden for a newly proposed Department of Homeland Security rule that they claim is just an election-year move to help him in a close match with former President Trump. 

"Biden is announcing these new rules on criminal migrants because they have released migrants with links to terrorism into America and are now scrambling to cover themselves in case we have an attack before the election," said Sen. Marco Rubio, R-Fla., on X, formerly Twitter.

DHS announced the proposed rule change, which would move up "statutory bars to asylum" in the evaluation process, last week. 

DEMS PLAN TO REVIVE BORDER BILL REJECTED BY REPUBLICANS AHEAD OF NOVEMBER ELECTION

A DHS official told Fox News Digital that the proposed rule would not change any eligibility standards but would only move the assessment of security threats up in the process. 

"This rule would enable DHS to more quickly remove those who are subject to the bars and pose a risk to our national security or public safety," read a press release from the department. 

"During his first 100 days, President Biden took 94 executive actions to OPEN the border," wrote Sen. Shelley Moore Capito, R-W.Va., on X. "Now, just months before an election, he finally took an obvious step that should have been taken years ago."

She called the move "small and necessary," but claimed, "It does nothing to address the larger border crisis he created."

SCHUMER MAY LET CONTROVERSIAL BIDEN NOMINEE WITH 'PROBLEMATIC' TIES QUIETLY EXPIRE: EXPERT

This sentiment was echoed by Sen. James Lankford, R-Okla., who said on X: "Less than 6 months before an election, he is attempting 1 small change the narrative on our chaotic border – they already have the authority to do so much more, but they won’t." 

The White House did not provide comment to Fox News Digital over the criticism. 

VULNERABLE DEMOCRATIC SENATOR BACKS LAKEN RILEY IMMIGRATION BILL AHEAD OF TOUGH RE-ELECTION IN RED STATE

While Republicans were suspicious of the Biden administration's motivations for the change, not every Democrat was happy with it either. 

An advocate for the rights of asylum-seekers, Sen. Alex Padilla, D-Calif., said on X: "I’m closely reviewing the Administration’s proposed rule. Concerned that moving the asylum bars to the initial credible fear interview stage risks returning legitimate asylum seekers to danger."

"To improve the asylum system we must fully fund it and provide access to counsel," he added. 

"The proposed rule we have published today is yet another step in our ongoing efforts to ensure the safety of the American public by more quickly identifying and removing those individuals who present a security risk and have no legal basis to remain here," Homeland Security Secretary Alejandro Mayorkas said in a statement regarding the rule. "We will continue to take action, but fundamentally it is only Congress that can fix what everyone agrees is a broken immigration system."

BIDEN ADMINISTRATION GRANTED SANCTIONS RELIEF TO ARAB NATIONS JUST BEFORE PRESIDENT'S ISRAEL AID THREAT

Mayorkas recently made history by becoming only the second Cabinet official to be impeached, with the House passing two articles against him. The previous Cabinet-level impeachment occurred more than 100 years prior. However, the secretary was not removed from office as Senate Democrats were able to swiftly dismiss the articles upon delivery. 

The proposal comes just months ahead of the presidential election in November, which is shaping up to be a close rematch between Biden and Trump. 

Senate Majority Leader Chuck Schumer, D-N.Y., is also seeking to shift attention back to the border in the legislature, where he is strongly considering reviving a border bill that nearly all Republicans opposed, per a source familiar. 

Several incumbent Democratic senators face significant challenges in the upcoming elections, where the party will fight to hold onto its Senate majority. 

Biden is caving to campus agitators in threatening to cut aid to Israel, senators say: ‘All about November’

WASHINGTON, D.C. Republican senators believe President Biden's "disgraceful" warning to cut offensive aid to Israel during its conflict with Hamas was a political decision to appease "the pro-Hamas wing of the Democrat Party" in November.

President Biden recently threatened to cut aid to America's ally Israel if the country invades Rafah, a city in the Gaza Strip.

"If they go into Rafah, I’m not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities — that deal with that problem," the president told CNN Wednesday.

The decision comes after weeks of anti-Israel agitators causing chaos on college campuses across the nation, and lawmakers are connecting the two as the president seeks another term in the White House.

HOUSE GOP DRAFTING BIDEN IMPEACHMENT ARTICLES OVER ISRAEL AID CUTOFF THREAT

When asked about Biden's decision coming amid the anti-Israel riots, Sen. Eric Schmitt, R-Mo., told Fox News Digital "the pro-Hamas wing of the Democrat Party is growing." 

"I do think he caved to the folks on campus, who are calling for the death of Israel. And I think the pro-Hamas wing of the Democrat Party is growing. And these are political decisions, trying to meddle in another country's elections," Schmitt said.

"You know, Chuck Schumer and Joe Biden called for Benjamin Netanyahu to be ousted in the middle of a war, and now he's withholding arms that have been appropriated. It's really outrageous," he added. "And I think, again, it just sort of shows how desperate Joe Biden is to try to again appease these radicals in his party. He's willing to risk U.S.-Israel relations."

Biden has received bipartisan backlash for his recent comment about aid to Israel, and Israeli Prime Minister Benjamin Netanyahu said his country "will stand alone" to defeat Hamas if necessary.

"Sadly, this administration has been the most anti-Israel administration we've ever seen," Sen. Ted Cruz, R-Texas, told Fox News Digital. "And right now, what do you see the Biden administration doing? They are simultaneously flooding cash to the Hamas terrorists while they're cutting off weapons to Israel. They're undermining our friend and ally Israel. It is disgraceful. And, yes, part of it is that today's Democrat Party is terrified of the radical left in the party, the extreme anti-Israel, antisemitic protesters we see at college campuses all across the country."

The senator added there is a "pro-Hamas wing" of the Democratic party.

NETANYAHU SAYS ISRAEL ‘WILL STAND ALONE’ IF NECESSARY AFTER BIDEN THREATENS TO WITHHOLD WEAPONS

When asked by Fox News Digital if the campus riots were linked to Biden's recent warning to Israel, Sen. Ted Budd, R-N.C. said the two events are "absolutely" connected to Biden seeking another term.

Budd said Biden's warning to Israel was about the November election and Biden "collapsing in these swing states."

"I just got back from Israel this week, met with the prime minister. Met with many people here rather easily. They're wondering, ‘What the heck is the U.S. doing?’ This is all about November, Joe Biden. This is about Minnesota. This is about Michigan. He's collapsing in these swing states. And so he's trying to stitch this together, and it's completely off the rails. 

"It's showing the world that you can't trust the U.S.," Budd added. "It's very frustrating, particularly when you're trying to get the eight U.S. hostages home and respect these families that have been waiting and waiting for over 200 days. This just demonstrates weakness and confusion to the world."

Sen. Roger Marshall, R-Kan., agreed Biden's statement was in response to the protests, saying, "I think he's caved to the college agitators. And just, in general, the Palestinian community. It just doesn't make sense to any of us. And that's why I encourage everybody to not listen to what he says. Watch what Joe Biden does. It makes no sense.

"I describe it as Biden's schizophrenic national security policies," he continued. "On the one hand, he says he wants to minimize casualties, public casualties. But, on the other hand, he keeps us from sending smart bombs. On the one hand, he says that he wants a minimum loss of life, that he wants the hostages released. But when he tells the world, 'We're not going to send any more weapons,' what is the message? Do they back out of the negotiations? So, everything that Joe Biden touches when it comes to national security just turns to mud."

Rep. Cory Mills, R-Fla., filed articles of impeachment against Biden Friday for his threat against Israel, saying ahead of the move that "these are the same accusations made against President Trump, which resulted in his impeachment by Democrats. The same must happen for Joe Biden, which is why we’re drawing up articles of impeachment now."

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

Fox News' Elizabeth Elkind contributed to this report.

Biden ripped over resurfaced anti-Trump tweet critics say ‘endorses his own impeachment’

President Joe Biden was blasted on social media this week over a past anti-Trump tweet that critics said showed he should be impeached for withholding some weapons from Israel if it moves forward with a military operation in Rafah, Gaza.

"President Trump withheld Congressionally appropriated aid to Ukraine unless they granted him a political favor," Biden tweeted as a candidate in 2019 about the impeachment push against Trump over a phone call with Ukraine that Democrats claimed was a "quid pro quo."

"It's the definition of quid pro quo. This is no joke—Trump continues to put his own personal, political interests ahead of the national interest. He must be impeached."

Trump was ultimately impeached  for "abuse of power" and "obstruction of Congress" related to his dealings with Ukraine.

NETANYAHU SAYS ISRAEL 'WILL STAND ALONE' IF NECESSARY AFTER BIDEN THREATENS TO WITHHOLD WEAPONS

Biden’s 2019 post drew immediate push back on social media from conservatives who argued that Biden’s recent move to withhold some military aid from Israel due to his objection to their military campaign in Gaza was similar to what Democrats accused Trump of during the impeachment.

"Joe Biden endorses his own impeachment," Red State writer Bonchie posted on X.

"Wow — how newly relevant,"  New York Post reporter Jon Levine posted on X.

"Joe Biden is withholding Congressionally appropriated aid to Israel unless they grant him a political favor. It's the definition of quid pro quo," conservative communicator Steve Guest posted on X.

"This is no joke—Biden continues to put his own personal, political interests ahead of the national interest. He must be impeached," Federalist co-founder Sean Davis posted on X. 

GOP GOVERNOR FUMES OVER BIDEN'S THREAT TO CUT OFF ISRAEL AID: 'HE'S NEGOTIATING FOR THE TERRORISTS'

"Joe Biden withheld Congressionally appropriated aid to uproot Hamas in a political pay off pro-Hamas radicals," Trump adviser Stephen Miller posted on X. "This warrants impeachment and criminal investigation — including exploring all ties between Biden aides and Iran."

Some have pushed back on the suggestion that Biden committed an impeachable offense, including those who have pointed to a 2020 report from the Congressional Research Service, a nonpartisan office that analyzes U.S. policy, that says, "The Arms Export Control Act of 1961 "prohibits the sale or delivery of U.S.-origin defense articles if the President finds that a recipient country has used such articles for unauthorized purposes."

In a statement to Fox News Digital, a White House official dismissed the accusations of hypocrisy as "ridiculous."

ISRAEL BOMBS RAFAH, PREPARES FOR GROUND INVASION AFTER CEASEFIRE TALKS WITH HAMAS FALL APART

"Senior administration officials had already made multiple public statements about Rafah similar to the President’s, including that we are also ensuring Israel gets every dollar appropriated in the supplemental," the official said. "Trump failed to spend dollars appropriated by Congress that he was legally required to spend. This is about a purchase made by a foreign government using its own funds, not funds appropriated by Congress, and our decision whether to deliver that purchase right now, which could enable an operation we’ve publicly and privately objected to." 

House Republicans disagree with the assessment from the White House as evidenced by news on Friday that articles of impeachment were filed against President Biden over the controversy.

"In violation of his oath to faithfully execute the office of President and to uphold the Constitution, President Biden abused the powers of his office by soliciting a 'quid pro quo' with Israel while leveraging vital military aid for policy changes," GOP Rep. Cory Mills said in a statement first reported by Fox News Digital.

"This egregious action not only compromised the credibility of the United States but also undermined the interests of our longstanding ally, Israel. Therefore, President Biden's conduct warrants impeachment, trial, removal from office, and disqualification from holding any future office under the United States."

Biden has faced criticism from members of his own party as well including Democratic Rep. Ritchie Tores, who said he suspects that Biden is "pandering to the far left."

"It looks like election year politics was driving it," Tores said. "That's my impression." 
 

GOP rep files impeachment articles using Dem precedent set during Trump administration

FIRST ON FOX: Rep. Cory Mills, R-Fla., formally filed articles of impeachment against President Biden on Friday over his recent comments about withholding offensive weapons aid to Israel, drawing parallels to House Democrats' first impeachment of former President Trump.

The first-term House Republican told Fox News Digital it was his "constitutional duty" to do so.

His legislative text, first obtained by Fox News Digital, accuses Biden of "abuse of power" and charges that he tried to force Israel into changing its own defense policies by leveraging lethal aid.

"In violation of his oath to faithfully execute the office of President and to uphold the Constitution, President Biden abused the powers of his office by soliciting a 'quid pro quo' with Israel while leveraging vital military aid for policy changes. This egregious action not only compromised the credibility of the United States but also undermined the interests of our longstanding ally, Israel. Therefore, President Biden's conduct warrants impeachment, trial, removal from office, and disqualification from holding any future office under the United States," Mills said in a statement.

ANTI-ISRAEL OCCUPIERS COULD LOSE FEDERAL STUDENT LOANS UNDER NEW GOP SENATE BILL

Fox News Digital was first to report Mills' intent to file the impeachment articles on Thursday. He and other GOP lawmakers have drawn comparisons between Biden's comments on Israel and Trump's leveraging of lethal aid to Ukraine unless Kyiv announced an investigation into the Bidens.

"Joe Biden is pressuring Israel, our biggest ally in the Middle East, by pausing their funding that has already been approved in the House, if they don't stop all operations with Hamas. It’s a very clear message, ‘this for that,'" Mills said Thursday. "These are the same accusations made against President Trump, which resulted in his impeachment by Democrats. The same must happen for Joe Biden, which is why we’re drawing up articles of impeachment now."

Biden made the high-stakes ultimatum to Israel's government in a CNN interview that aired Wednesday night as it prepares for a ground invasion of the southern Gaza city of Rafah. The city is currently home to more than a million Palestinians who left other parts of the Gaza Strip, where Israel has conducted its mission to eradicate the terrorist group Hamas.

Biden said Israel would continue to see U.S. support for its defensive systems, like the Iron Dome, in the CNN interview. He added, however, that "if they go into Rafah, I'm not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities, that deal with that problem."

'NO CHOICE' BUT TO IMPEACH BIDEN OVER DELAYED ISRAEL AID, GOP SENATOR SAYS

Mills' legislative text argues that in making those comments, Biden "used the powers of the presidency in a manner that compromised the national security of the United States and its ally Israel."

It's highly unlikely for the push to reach the level of a Senate trial, with the House's current ongoing impeachment inquiry into Biden still searching for smoking gun evidence amid accusations of improper behavior and bribery, all of which the White House has denied.

But it shows the sky-high tensions that have taken over Washington amid Israel's war on Hamas after the terrorist group's Oct. 7 attack.

A White House official told Fox News Digital that Mills' push was "ridiculous" on Thursday.

BIDEN'S DECISION TO PULL ISRAEL WEAPONS SHIPMENT KEPT QUIET UNTIL AFTER HOLOCAUST REMEMBRANCE ADDRESS: REPORT

"Senior administration officials had already made multiple public statements about Rafah similar to the President’s, including that we are also ensuring Israel gets every dollar appropriated in the supplemental. Trump failed to spend dollars appropriated by Congress that he was legally required to spend. This is about a purchase made by a foreign government and our decision whether to deliver that purchase right now, which could enable an operation we’ve publicly and privately objected to," the official said.

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Meanwhile, White House national security communications adviser John Kirby told reporters on Thursday, "As the President said, Israel has not yet launched such an operation, so he was talking about what would happen in the future if they did.  That is a choice Israel will have to make.  We hope they don't. We will keep working with them to develop alternative approaches that we think have a better chance of strategic success and a better chance of eliminating the threat that Israeli people still face from Hamas."

Fox News Digital reached out to the White House for further comment on Friday.

Mike Pence accuses Biden of impeachment hypocrisy amid Israel arms threat

EXCLUSIVE: Shortly after President Biden announced Wednesday that he would withhold weapons from Israel if it entered the southern Gaza city of Rafah, former Vice President Mike Pence accused him of hypocrisy, in light of how his former boss was impeached on similar grounds.

On Wednesday, Biden lamented Gazan civilian casualties to CNN host Erin Burnett, telling her he "made it clear if they go into Rafah… I'm not supplying the weapons that have been used historically to deal with Rafah; to deal with the cities, to deal with that problem."

"We're going to continue to make sure Israel is secure in terms of Iron Dome and their ability to respond to attacks that came out of the Middle East recently. It's just wrong."

On X, formerly Twitter, Pence tore into Biden, calling his comments "totally unacceptable."

JOHNSON: ‘I HOPE ITS A SENIOR MOMENT’ WHEN BIDEN THREATENED TO PULL ISRAEL SUPPORT

"I’m old enough to remember when Democrats impeached another president for supposedly withholding foreign aid that had been approved by Congress," he said.

"Stop the threats, Joe. America Stands with Israel."

In comments to Fox News Digital, Pence said Biden abandoned Israel in order to "win over the Hamas apologist wing of his party."

"Israel is our ally and the only message we should be sending is that we will stand beside them until they finish the job in Gaza and eradicate Hamas, once and for all," Pence said. 

"Congress passed the legislation, President Biden signed it, and it is his job to execute it. He can’t withhold aid for political convenience."

The Indiana Republican said Democrats used the same exact argument to impeach then-President Trump over his 2018 phone call with Ukrainian President Volodymyr Zelenskyy. Trump reportedly asked Zelenskyy to look into the Hunter Biden-Burisma affair while dangling $214 million in U.S. security assistance, which Democrats considered an act of soliciting foreign election interference.

"Israel is our most cherished ally," Pence went on to say. "And they deserve American support to defeat Hamas – not to be used as a political pawn." 

On Thursday, Sen. Tom Cotton, R-Ark., took his criticism a step further by calling on the House to initiate similar impeachment proceedings against the incumbent.

US LAW COULD FORCE BIDEN TO PULL UN FUNDING IF PALESTINIAN RECOGNITION BYPASS SUCCEEDS, EXPERTS SAY

"The House has no choice but to impeach Biden based on the Trump-Ukraine precedent of withholding foreign aid to help with reelection," he said.

"Only with Biden, it’s true."

In Trump's case, Democrats claimed it was "undisputed" that Trump asked Zelenskyy for a political favor in return for security assistance.

In opening remarks by Rep. Jerry Nadler, D-N.Y., at a December 2019 impeachment inquiry hearing, he alleged Trump's call with Zelenskyy was part of "concerted effort" to "solicit a personal advantage in the next election – this time, in the form of an investigation of his political adversaries by a foreign government."

In an apparent response to Biden's warning, Rep. Beth Van Duyne, R-Texas, introduced the Immediate Support for Israel Act on Friday, which she said would force the administration to deliver aid and support passed by Congress.

"Weeks ago, Congress came together in a bipartisan manner to pass an aid package for Israel. In an unprecedented move, President Biden not only halted the shipment of aid but also unilaterally added conditions to that very same aid – defying Congressional intent. Israel is currently engaged in a war with a terrorist organization that is still holding over 100 civilian hostages. There is simply no excuse for this delay," Van Duyne said in a statement obtained by Fox News.

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In a statement in Hebrew on the eve of Israeli Independence Day, Israeli Prime Minister Benjamin Netanyahu said, "If we need to stand alone, we will stand alone."

"I have said that, if necessary, we will fight with our fingernails."

Meanwhile, billionaire hedge fund manager Bill Ackman, who has been vocally critical of antisemitism on campus, responded to a clip of Biden's CNN interview with the comment: "Crazy: This is one of the worst acts against an ally of a sitting president ever."

"Hopefully, this means he won’t be sitting for much longer," Ackman wrote on X.

The White House did not immediately respond to a request for comment on Pence's reaction.

Fox News' Chad Pergram and Yonat Friling contributed to this report.

‘No choice’ but to impeach Biden over delayed Israel aid, GOP senator says

A Republican senator is renewing the call to impeach President Biden following reports of aid to Israel being delayed during its war with the terrorist organization Hamas. 

"The House has no choice but to impeach Biden based on the Trump-Ukraine precedent of withholding foreign aid to help with reelection. Only with Biden, it’s true," Sen. Tom Cotton, R-Ark., wrote on X on Thursday. 

A recently passed $95 billion supplemental foreign aid package included roughly $26 billion for both Israel and humanitarian aid for areas including Gaza. The aid was encouraged by the Biden administration, which had proposed it nearly six months prior. 

Cotton suggested that Biden should be impeached for delaying an aid shipment to Israel, which he claimed had to do with the president's re-election bid as he balances a divided Democratic Party on the Israel war. 

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The White House Counsel's office did not immediately provide comment to Fox News Digital. 

Earlier this week, Israeli officials claimed the U.S. had paused a shipment of ammunition from the U.S., as Axios reported. 

White House press secretary Karine Jean-Pierre maintained that the U.S.'s commitment to Israel is "ironclad," despite the report. 

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The report was ultimately confirmed by a U.S. official, who said the administration paused shipments of two types of precision bombs to Israel. One shipment would provide 2,000-pound bombs, with 1,800 to be delivered. The second held 500-pound bombs, with 1,700 to be delivered. 

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"The U.S. position has been that Israel should not launch a major ground operation in Rafah, where more than a million people are sheltering with nowhere else to go," a U.S. official said. 

"We are especially focused on the end-use of the 2,000-lb bombs and the impact they could have in dense urban settings as we have seen in other parts of Gaza. We have not made a final determination on how to proceed with this shipment," they added. 

Per the official, "None of these shipments have anything to do with the Israel supplemental appropriations passed last month. All are drawn from previously appropriated funds, some many years ago."

In an interview with CNN on Wednesday, Biden drew a red line for ally Israel. "I made it clear that if they go into Rafah – they haven’t gone in Rafah yet – if they go into Rafah, I’m not supplying the weapons that have been used historically to deal with Rafah, to deal with the cities – that deal with that problem," he said. 

The White House did not immediately confirm the delayed shipment when prompted by Fox News Digital. 

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The Democratic-led House's impeachment of then-President Trump in 2019 indicted him on a charge of abuse of power, arguing he withheld aid to Ukraine while asking the country's leader to investigate his political rivals, including Biden. The Senate acquitted Trump on the House's charges. 

Cotton argued the same precedent should apply to Biden.

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Trump's campaign did not immediately provide comment to Fox News Digital. 

Republicans in the House have appeared eager to impeach the president, heavily investigating Biden's family's business ties, particularly his son Hunter Biden. 

House Committee on Oversight and Accountability Chairman James Comer, R-Ky., did not immediately provide comment to Fox News Digital. 

Fox News' Liz Friden and Jacqui Heinrich contributed to this report. 

Liz Cheney joins old foe Trump in public slam of Biden’s latest move in Israel: ‘Wrong and dangerous’

Former Wyoming Congresswoman Liz Cheney has found common ground with former President Trump, who she previously voted to impeach, as they both oppose President Biden’s latest move in Israel.

On Wednesday, the anti-Trump Republican said withholding aid from America’s closest ally in the Middle East "wrong and dangerous." The comment came just hours apart from Trump tweeting that Biden was helping the Hamas terror group and "taking the side of these terrorists."

"Withholding aid to Israel is wrong and dangerous. America must not abandon Israel. Doing so would mean victory for Iran and all its terrorist allies," she wrote.

Both Republicans chided Biden after he vowed to withhold weapons from Israel if Israeli Prime Minister Benjamin Netanyahu goes forward with an invasion of Rafah, the last stronghold for Hamas in Gaza.

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Cheney’s public criticism of Biden comes amid his re-election rematch with Trump, who has called Biden "weak" and said his foreign policies were "leading the world straight into World War III."

In Trump’s own post, he reminded Biden about Hamas’ terror attack on Israeli border communities on Oct. 7, when 1,200 people were killed, making it the deadliest terror attack in Israel’s history.

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"Crooked Joe Biden, whether he knows it or not, just said he will withhold weapons from Israel as they fight to eradicate Hamas Terrorists in Gaza. Hamas murdered thousands of innocent civilians, including babies, and are still holding Americans hostage, if the hostages are still alive," Trump wrote. "Yet Crooked Joe is taking the side of these terrorists, just like he has sided with the Radical Mobs taking over our college campuses, because his donors are funding them."

He added: "Biden is weak, corrupt, and leading the world straight into World War III. Remember - this war in Israel, just like the war in Ukraine, would have NEVER started if I was in the White House. But very soon, we will be back, and once again demanding peace through strength!"

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Cheney, the daughter of former Vice President Dick Cheney, was an ally of Trump's at times when he was in office and ascended to chair of the House Republican Conference.

She then vehemently opposed him after Biden defeated Trump in the 2020 election. She further angered Republicans when she joined the Jan. 6 House Select Committee that investigated the events surrounding the 2021 Capitol riot.

Upon the Jan. 6 committee, Cheney recommended and ultimately voted to impeach Trump.

As a result, she was defeated in a landslide in her GOP primary race for Wyoming's at-large congressional seat in 2022.

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. 

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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.

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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.