Mike Pence’s think tank rebuts JD Vance’s ‘impeachment time bomb’ claim in foreign aid package

FIRST ON FOX: Former Vice President Mike Pence's policy think tank, Advancing American Freedom (AAF), sent a memo to senators Wednesday pushing back against Sen. JD Vance's theory that the $95 billion foreign aid package contains an "impeachment" clause for the next administration hidden in its text.

AAF's memo comes after Vance circulated a memo ahead of the national security supplemental package vote Monday arguing the bill includes a provision that could be grounds to impeach former President Donald Trump if he wins the White House again. 

The text assures the delivery of $1.6 billion to finance Ukraine's military as well as just under $14 billion for Ukraine Security Assistance Initiative through Sept. 30, 2025 – the same aid mechanism that Trump temporarily paused while pushing for an investigation into Biden family foreign business dealings. 

"The president’s duty to faithfully execute the law is written into the Constitution," AAF's memo reads. "It’s not an ‘impeachment time bomb’ created by the foreign aid package."

According to the memo, AAF argues that the Constitution mandates the president to faithfully execute laws, rejecting attempts from lawmakers to interpret this as permission to ignore statutes. 

The Impoundment Control Act ensures Congress controls funding, requiring presidential notification and approval for cuts within a 45-day timeframe. Congress wields the power of the purse, the AAF memo states, despite changes in administrations. 

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"Congress routinely appropriates funds across presidential terms," the memo reads. "Following the argument to its logical conclusion, all advance appropriations are ‘impeachment time bombs.’"

"The Trump-Pence administration sold weapons to Ukraine that the Obama-Biden administration refused to," the memo continued. "It also countered Putin’s influence by blocking Russia’s Nord Stream 2 pipeline, which President Biden green-lighted."

Meanwhile, Vance's memo claimed that the supplemental bill "represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration."

Trump has promised he would end the war in Ukraine within 24 hours if he is elected president. 

SEN. VANCE MEMO WARNS GOP COLLEAGUES OF ‘SYSTEMIC FAILURES’ IN US AID TO UKRAINE

The Trump administration, through the Office of Management and Budget (OMB), withheld a total of about $400 million in security assistance from Ukraine in 2019. This came just before Trump asked Ukrainian President Voldomyr Zelenskyy to investigate the family of his 2020 rival, Joe Biden, and while the White House allegedly was withholding an Oval Office visit from Zelenskyy in exchange for an investigation.

These actions are what fueled the impeachment effort against Trump, in which he was ultimately acquitted. 

Mark Paoletta, former OMB general counsel during the Trump administration, told Fox News Digital in a statement this week that the clause in the bill text is an "effort to inappropriately tie President Trump’s hands in his next term by locking in Ukraine funding for multiple years." 

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Last week, AAF praised the bill for its continued assistance to Ukraine, Israel and Taiwan, but bashed the billions of dollars earmarked for "non-lethal" aid, such as "direct budget support" to Ukraine. It also criticized the bill for not including H.R 2, the House's border security policy passed last year that would crack down on asylum screenings and restore most Trump-era restrictions at the southern border. 

Pence says he supports an impeachment inquiry by House Republicans

Former Vice President Pence said there is an "ethical cloud" hanging over the Biden family and President Biden’s administration, telling Fox News Digital he would support an impeachment inquiry led by House Republicans.

During a sit-down interview with Fox News Digital, the former vice president said he feels it is "such a benefit to the nation" that House Republicans are "following the facts" in their investigations into the Biden family business dealings and alleged politicization in the Justice Department’s years-long federal probe into Hunter Biden.

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"There are so many questions about Joe Biden’s involvement and connection to his son’s businesses when he was vice president of the United States," Pence said.

"I must say, you know, I can’t relate," he continued. "When I was vice president, my son wasn’t sitting on the board of foreign corporations," he said in reference to Biden's son, Hunter. "He was sitting in the cockpit of the F-35 and flying for the Marine Corps."

Biden had another son, Beau, who deployed to Iraq with Delaware’s Army National Guard. He died of a brain tumor in 2015.

Pence said the "very idea that these things were happening is something the American people deserve to get to the bottom of." 

The House Oversight Committee led by Chairman James Comer, R-Ky., has been investigating the Biden family’s business dealings, Hunter Biden’s business dealings, and whether Joe Biden benefited while serving as vice president.

The White House has previously said the president never spoke to his son about his business dealings and had no knowledge of them. The president himself has also denied ever having spoken to his son about his business dealings or being involved in them.

This summer, the White House said Biden "was not in business with his son."

Separately, but related, Comer, House Judiciary Committee Chairman Jim Jordan and House Ways & Means Committee Chairman Jason Smith are leading a joint-congressional investigation into whistleblower allegations that prosecutorial decisions made in the DOJ’s Hunter Biden investigation were influenced by politics.

Hunter Biden was expected to plead guilty in July to two misdemeanor tax counts of willful failure to pay federal income tax as part of a plea deal to avoid jail time on a felony gun charge. That plea agreement, which Republicans have blasted as a "sweetheart plea deal," collapsed in court.

MCCARTHY SAYS BIDEN IMPEACHMENT INQUIRY WOULD NEED HOUSE VOTE, IN DEPARTURE FROM PELOSI AND DEMOCRATS

Hunter Biden was forced to plead not guilty to two misdemeanor tax charges and one felony gun charge.

Since then, Attorney General Merrick Garland tapped U.S. Attorney for Delaware David Weiss, who has been leading the probe since 2018, to serve as special counsel with jurisdiction over the Hunter Biden investigation and any other issues that have come up, or may come up, related to that probe.

"I welcomed the appointment of a special counsel in the Hunter Biden case," Pence said.

On Wednesday, Weiss’ team signaled that it would indict Hunter Biden on the federal gun charge by the end of the month.

"I'm heartened that it appears charges are going to be now brought at least on one aspect of the charges," Pence said.

As for the potential for an impeachment inquiry in the House of Representatives, Pence said he supports House Speaker Kevin McCarthy and his "posture to let the House work its will." 

"That’s different than Nancy Pelosi who unilaterally brought in impeachment process over a phone call by the President of the United States," Pence said, referring to the first impeachment of former President Donald Trump in 2019.

Trump, in July 2019, had a phone call with Ukrainian President Volodymyr Zelenskyy. During that call, Trump pressed Zelenskyy to launch investigations into the Biden family’s actions and business dealings in Ukraine—specifically Hunter Biden’s ventures with Ukrainian natural gas firm Burisma Holdings. Hunter Biden, at the time, was, and still is, under federal criminal investigation for his tax affairs, prompted by suspicious foreign transactions.

The House voted to impeach Trump in December 2019 on two counts— abuse of power and obstruction of Congress. The Senate voted for acquittal in February 2020.

Trump was impeached again in January 2021 after the Jan. 6 Capitol riot. He was acquitted in the Senate. 

"I think, particularly at a time when so many Americans have lost confidence in equal treatment under the law, so many Americans, understandably, are concerned about a dual standard of justice in this country," Pence continued. "Now, more than ever, we need House Republicans to follow the facts, bring the facts to the American people, and if an impeachment inquiry facilitates that I would hardly support it."

At this point, it is unclear if House Republicans will move forward to officially launch an impeachment inquiry. The House returns from recess on Tuesday, September 12. 

Pence’s political advocacy group calls for Congress to declare an invasion at southern border

Former Vice President Mike Pence’s political advocacy group is calling for a declaration of an invasion at the southern border as part of a legislative agenda to tackle the ongoing migrant crisis.

Advancing American Freedom, which was founded by the 2024 presidential candidate, released its agenda Monday to secure the border and end illegal immigration.

It calls for legislation to declare an "invasion" in response to the crisis that has seen record numbers of migrants hit the southern border since 2021.

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"The United States Constitution declares that the federal government shall protect states from invasion. So long as the Biden administration refuses to do this job, Congress should officially declare an invasion so that states have the legal authority to secure the border for themselves," the agenda states.

The use of the term "invasion" has grown in Republican circles in recent years to describe the crisis. Both former President Donald Trump and Florida Gov. Ron DeSantis have used the term as part of their presidential campaigns – with DeSantis promising to "stop the invasion" as part of his border strategy.

Meanwhile, Texas Gov. Greg Abbott has cited the "invasion" clause to authorize the return of illegal immigrants to the border with Mexico. That comes after there were more than 1.7 million migrant encounters at the southern border in FY 2021 and 2.4 million in FY 2022.

Democrats have taken aim at the use of the term, saying it is dangerous and encourages anti-immigrant sentiment.

"The invasion narrative some members push in this hearing room is bigoted, fact-free and dangerous," Jerry Nadler, House Judiciary Committee ranking member, said at a hearing last week.

The policy proposals put forward by Pence’s group also call for Congress to explore a possible impeachment of Homeland Security Secretary Alejandro Mayorkas – something that has been called for by a number of House members. 

DHS has responded to those calls by urging Congress to pass legislation to fix a "broken" immigration system and provide the funding requested by the Biden administration.

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Separately, the AAF agenda calls for an end to "chain migration" – which allows for immigrants to sponsor relatives for green cards into the U.S. – and also for reforms to temporary visa programs like the controversial H-1B visa program. Critics have said such visas are used by companies to replace American workers with cheaper foreign nationals.

It also backs legislation already introduced in Congress – including the GOP House border security package passed earlier this year. Other bills supported are Kate’s Law, as well as measures to end the visa lottery, allow victims of illegal immigrant crime to sue sanctuary cities, reinstate the Migrant Protection Protocols, and continue border wall construction at state level.

 "Congress needs to hold President Biden, Secretary Mayorkas, and the Department of Homeland Security accountable for their dangerous failings at the border, while also passing legislation that gives our border agents the resources and restored powers they need to do their jobs and enforce the law, AAF Executive Director Paul Teller said in a statement. "Advancing American Freedom believes that a country without a secure border and the rule of law isn’t a country at all and will continue to call for decisive action from Congress and the administration to keep our country safe." 

The policy rollout, which will be followed by a visit by AAF staff this week, is the latest indicator of how the border crisis is likely to continue to be a top political and 2024 issue – even as the Biden administration has touted a recent drop in numbers at the border since the end of Title 42 in May.

Republicans have blamed the crisis on the Biden administration, with 2024 candidates rallying around calls to restore policies implemented when Pence was vice president. The Biden administration has said it is expanding lawful pathways while punishing illegal immigration as part of its post-Title 42 strategy.

However, the recent torpedoing of its asylum rule after a left-wing legal challenge has raised new fears that a potential new surge could be coming soon.

Mike Pence responds to Trump indictment: It’s an ‘outrage’

Former Vice President Mike Pence called the Manhattan grand jury's decision to indict former President Trump on a campaign finance issue an "outrage" in an interview with CNN's Wolf Blitzer that aired on Thursday night.

Pence, who would face his former boss in the GOP primary if he decides to run for president, said Manhattan District Attorney Alvin Bragg's investigation into Trump for alleged hush money payments to porn star Stormy Daniels appears to be a "political prosecution." 

"I think the unprecedented indictment of a former president of the United States on a campaign finance issue is an outrage," Pence said.

In a historic development on Thursday, Trump became the first former U.S. president to face criminal charges. The charges concern a $130,000 payment made to adult film actress Stormy Daniels, and another $150,000 payment made to former Playboy model Karen McDougal.

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Hush money payments made to both McDougal and Daniels were revealed and reported by Fox News in 2018. Those payments had been investigated by the U.S. Attorney's Office in the Southern District of New York and by the Federal Election Commission.

Federal prosecutors in the Southern District of New York opted out of charging Trump related to the Stormy Daniels payment in 2019, even as Trump's former attorney Michael Cohen implicated him as part of his plea deal for making an unlawful campaign contribution. Cohen claims that he arranged those payments to McDougal and Daniels at Trump's behest. The Federal Election Commission also tossed its investigation into the matter in 2021. Trump has denied any wrongdoing. 

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"This evening we contacted Mr. Trump’s attorney to coordinate his surrender to the Manhattan D.A.’s Office for arraignment on a Supreme Court indictment, which remains under seal," a spokesperson for the Manhattan District Attorney's Office said in a statement Thursday. "Guidance will be provided when the arraignment date is selected."

Reactions to Trump's indictment have mostly fallen on predictably partisan lines. Republicans have expressed various forms of outrage. House Speaker Kevin McCarthy, R-Calif., accused Bragg of doing irreparable damage to the nation and said he has "weaponized our sacred system of justice against President Donald Trump." Democrats welcomed the criminal charges as long-time coming, with Rep. Adam Schiff, D-Calif., the lead Democrat in Trump's first impeachment trial, saying the charges were just. 

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"If justice demanded that Michael Cohen go to jail for a scheme directed by someone else, justice also requires that the person responsible for directing the scheme must answer for their offenses against the law — and that person is Donald Trump," Schiff said. 

Pence said that charging Trump is a "disservice to the country" and warned that the charges will divide Americans, noting that millions still support Trump.

"I think the American people will look at this and see it as one more example of the criminalization of politics in this country," he said.

Fox News' Brooke Singman and Marta Dhanis contributed to this report.

Trump calls Pence a ‘very honorable man’ after Special Counsel Jack Smith subpoena

EXCLUSIVE: Former President Trump called former Vice President Pence a "very honorable man" after Special Counsel Jack Smith subpoenaed Pence as part of his investigation into the Jan. 6 Capitol riot and into Trump’s handling of classified documents after leaving office.

Pence was subpoenaed by Smith after months of negotiations between Pence’s legal team and federal prosecutors.

"Mike Pence is an honorable man," Trump told Fox News Digital on Friday in an exclusive interview, but he laid out a number of areas he hopes Smith will consider and look into as part of his investigation.

FORMER VICE PRESIDENT MIKE PENCE SUBPOENAED BY SPECIAL COUNSEL OVERSEEING TRUMP INVESTIGATIONS

"Are they going to look for the people that spied on my campaign?" Trump asked, referring to the FBI’s original investigation into whether Trump and his campaign colluded with Russia to influence the 2016 election.

That investigation was taken over by then-Special Counsel Robert Mueller in 2017. After nearly two years, the investigation yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russia to influence the 2016 election.

Special Counsel John Durham has been investigating the origins of that probe since 2019. 

"Are they going to look at Special Agent Charles McGonigal who was in charge of the Russia probe and just arrested for taking large amounts of money from Russia?" Trump asked, referring to McGonigal, who was recently indicted on charges of money laundering and other counts stemming from his "collusion" with Russian oligarch Oleg Deripaska.

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McGonigal, who was a former special agent in charge of the New York FBI Counterintelligence Division, was charged for working on behalf of and taking money from Deripaska, who has ties to Russian President Vladimir Putin.

Deripaska was the same Russian oligarch who was working with Christopher Steele — the author of the infamous anti-Trump dossier that served as the basis for Foreign Intelligence Surveillance Act (FISA) warrants against former Trump campaign aide Carter Page.

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As for the former vice president, it is unclear what prosecutors will seek from him, or whether Pence will invoke executive privilege.

In November, after Attorney General Merrick Garland appointed Smith as special counsel, Trump told Fox News Digital that he "won’t partake" in the investigation against him, calling it "the worst politicization of justice in our country."

"I have been going through this for six years — for six years I have been going through this, and I am not going to go through it anymore," Trump told Fox News Digital Friday. "And I hope the Republicans have the courage to fight this."

"I have been proven innocent for six years on everything — from fake impeachments to [former special counsel Robert] Mueller who found no collusion, and now I have to do it more?" Trump said. "It is not acceptable. It is so unfair. It is so political." 

Former Vice President Mike Pence subpoenaed by special counsel overseeing Trump investigations

Former Vice President Mike Pence has been subpoenaed by the special counsel overseeing investigations into former President Donald Trump, sources confirmed to Fox News. 

The subpoena came after months of negotiations between Pence's legal team and federal prosecutors, though the Justice Department declined to comment on that matter. 

The probe is being led by Special Counsel Jack Smith who is looking into both documents and testimony related to the Jan. 6 riot at the U.S. Capitol and into Trump's possible mishandling of classified documents after leaving office. 

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Attorney General Merrick Garland appointed Smith as special counsel in November to investigate the entirety of the criminal investigation into the retention of presidential records, including classified records, held at Trump’s Mar-a-Lago home in Palm Beach, Florida.

A spokesperson for Pence did not immediately respond to a request for comment from Fox News Digital. 

It was not immediately clear what prosecutors will seek from Pence or whether he will invoke claims of executive privilege. 

Trump said last year that he "won’t partake" in the investigation against him, calling it "the worst politicization of justice in our country."

"I have been going through this for six years — for six years I have been going through this, and I am not going to go through it anymore," Trump told Fox News Digital in an exclusive interview Friday shortly after the announcement. "And I hope the Republicans have the courage to fight this."

"I have been proven innocent for six years on everything — from fake impeachments to [former special counsel Robert] Mueller who found no collusion, and now I have to do it more?" Trump said. "It is not acceptable. It is so unfair. It is so political."

House impeachment managers gush over Pence’s ‘patriotism’ after years of criticism: ‘Stood his ground’

House impeachment managers on Wednesday repeatedly praised former Vice President Mike Pence for his actions during the Jan. 6 Capitol riot, putting aside past criticism of Pence as they tried to convince Senate Republicans to convict former President Donald Trump.

Trump hits Pelosi, Romney on impeachment at National Prayer Breakfast

President Trump hit back against the impeachment trial as "a terrible ordeal by some very dishonest and corrupt people" at the 68th annual National Prayer Breakfast in his first remarks since being acquitted by the Senate.