Hunter Biden to testify behind closed doors as part of impeachment inquiry against his father

Hunter Biden will appear for his highly-anticipated and long-awaited deposition Wednesday on Capitol Hill as part of the impeachment inquiry against his father, President Biden.

The first son is expected to take questions from lawmakers and congressional investigators behind closed doors before the House Oversight and Judiciary committees.

The deposition is expected to begin at 10 a.m.

Hunter Biden's expected testimony comes after his uncle, President Biden's younger brother James Biden, testified last week as part of the impeachment inquiry. James Biden testified that President Biden "has never had any involvement or any direct or indirect financial interest" in his business ventures. 

BIDEN MET WITH CHAIRMAN OF CHINESE ENERGY FIRM HUNTER DID BUSINESS WITH IN 2017, EX-ASSOCIATE TESTIFIES

House Republicans have heard testimony from a number of the first son's former business associates, like Tony Bobulinski, who testified before the committees earlier this month that Joe Biden was involved in the family's business ventures. He also testified that he personally met with him. 

House Democrats and the White House have criticized the inquiry as baseless, but Republicans insist they have just scratched the surface of the investigation into Biden family businesses.

"The House Oversight, Judiciary, and Ways and Means Committees have unearthed a record of evidence revealing Joe Biden was ‘the brand’ his family sold to enrich the Bidens," House Oversight Committee Chair James Comer, R-Ky, said in statement Tuesday. "Joe Biden knew of, participated in, and benefited from these schemes. Joe Biden attended dinners, spoke on speakerphone, showed up to meetings, and had coffee with his son’s foreign business associates. 

"In fact, we’ve documented how Joe Biden has met with nearly all of his son’s foreign business associates as they were collectively funneling millions to the Bidens. Our committees have the opportunity to depose Hunter Biden, a key witness in our impeachment inquiry of President Joe Biden, about this record of evidence. This deposition is not the conclusion of the impeachment inquiry. There are more subpoenas and witness interviews to come." 

He added that the committee will continue to investigate to "determine whether articles of impeachment are warranted."

Days before Bobulinski's testimony, another former business associate, Rob Walker, testified that Joe Biden met with the chairman of the Chinese energy firm CEFC that his brother and son did business with. 

After Walker's testimony, the House Oversight Committee said it was able to "now confirm Joe Biden met with nearly every foreign national who funneled money to his son." 

Also last week, congressional investigators heard testimony from a former business associate of Hunter's — Jason Galanis, who is serving a 14-year prison sentence. Galanis testified during a rare transcribed interview from an Alabama prison that Joe Biden was allegedly considering joining the board of a joint venture created by Hunter Biden and his business associates with ties to the Chinese Communist Party after he left the vice presidency.

Joe Biden's involvement would bring "political access in the United States and around the world," he claimed. 

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

Hunter Biden was first subpoenaed to appear for a closed-door deposition in November. The deposition was slated for Dec. 13, but the first son defied the subpoena. Instead of appearing to testify, he held a press conference on Capitol Hill during which he defended himself and his father, saying the president "was not financially involved in my business."

Ahead of his subpoenaed deposition, Hunter Biden had offered to testify in a public setting.

Comer and Judiciary Committee Chair Jim Jordan, R-Ohio, rejected his request, noting that the first son would not have special treatment and pointing to the dozens of other witnesses who have appeared as compelled for their interviews and depositions. Comer and Jordan vowed to release the transcript of Hunter Biden’s deposition.

But after he defied the subpoena, the committees in January passed resolutions to hold the first son in contempt of Congress for defying the congressional subpoena. Before those resolutions were able to be considered by the House Rules Committee and the full House, Hunter Biden’s attorneys offered to discuss scheduling a new deposition for the first son — something House Republicans were willing to do.

HUNTER BIDEN DEPOSITION SCHEDULED FOR NEXT MONTH AFTER RISK OF BEING HELD IN CONTEMPT OF CONGRESS

The president’s son’s deposition comes after years of congressional investigations into his business dealings, beginning in September 2019 in the Senate. That investigation was led by senators Chuck Grassley, R-Iowa, and Ron Johnson, R-Wis.

Hunter Biden’s business dealings and foreign relationships came under heightened scrutiny in the fall of 2019 during the first impeachment of former President Trump.

Trump was impeached after a July 2019 phone call in which he pressed Ukrainian President Volodymyr 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 and Joe Biden’s successful effort to have former Ukrainian Prosecutor General Viktor Shokin ousted.

FLASHBACK: GRASSLEY, JOHNSON SHARE HUNTER BIDEN'S CHINA-LINKED BANK RECORDS WITH US ATTORNEY LEADING CRIMINAL PROBE

Hunter Biden was quietly under federal investigation, beginning in 2018, at the time of the call, a probe prompted by suspicious foreign transactions.

Trump's request was regarded by Democrats as a quid pro quo because millions in U.S. military aid to Ukraine had been frozen. Democrats also said Trump was meddling in the 2020 presidential election by asking a foreign leader to look into a Democratic political opponent.

Republicans had been investigating Hunter Biden’s business dealings, specifically with regard to Burisma Holdings. House Republicans, who were in the minority at the time, made several requests to subpoena Hunter Biden for testimony and documents related to the impeachment of Trump and his business dealings that fell at the center of the proceedings.

FLASHBACK: GOP-LED COMMITTEES RELEASE INTERIM REPORT ON HUNTER BIDEN, BURISMA PROBE

Biden has acknowledged that when he was vice president he successfully pressured Ukraine to fire Shokin. At the time, Shokin was investigating Burisma Holdings, and Hunter had a highly lucrative role on the board, receiving thousands of dollars per month. The vice president threatened to withhold $1 billion of critical U.S. aid at the time if Shokin was not fired.

"I said, ‘You’re not getting the billion.' … I looked at them and said, ‘I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money,’" Biden recalled telling then-Ukrainian President Petro Poroshenko. Biden recalled the conversation during an event for the Council on Foreign Relations in 2018.

"Well, son of a b----, he got fired," Biden said during the event. "And they put in place someone who was solid at the time."

Biden allies maintain he pushed for Shokin's firing when he was vice president due to concerns the Ukrainian prosecutor went easy on corruption, and they say that his firing, at the time, was the policy position of the U.S. and international community.

FLASHBACK: HUNTER BIDEN 'TAX AFFAIRS' UNDER FEDERAL INVESTIGATION; LINKS TO CHINA FUNDS EMERGE, SOURCES SAY

Now, as part of the impeachment inquiry, Republicans are investigating any involvement Joe Biden had in his son’s business dealings.

Last year, the federal investigation into Hunter Biden that began in 2018 also came under heightened scrutiny when two IRS whistleblowers claimed politics were influencing prosecutorial decisions throughout the years-long probe.

Those allegations sparked congressional investigations and, ultimately, the impeachment inquiry. They also put pressure on Attorney General Merrick Garland to give then-U.S. Attorney for the District of Delaware David Weiss special counsel authority.

WEISS SAYS HE 'WASN'T GRANTED' SPECIAL ATTORNEY AUTHORITY IN HUNTER BIDEN PROBE DESPITE REQUEST: TRANSCRIPT

Special counsel Weiss indicted the first son on federal gun charges in Delaware last year. Hunter Biden pleaded not guilty to those charges. His attorneys are attempting to have that case dismissed.

Also last year, Weiss charged Biden with nine federal tax charges, which break down to three felonies and six misdemeanors for $1.4 million in owed taxes that have since been paid.

Weiss charged Hunter Biden in December, alleging a "four-year scheme" in which the president's son did not pay his federal income taxes from January 2017 to October 2020 while also filing false tax reports.

Hunter Biden pleaded not guilty to all charges.

His attorneys are also seeking to have that case dismissed.

Looming shutdowns, Hunter’s testimony, maybe an impeachment: Congress’ blockbuster week

There are blockbuster weeks on Capitol Hill, and then there are weeks like this one. 

Hunter Biden is testifying. Defense Secretary Lloyd Austin is explaining. A partial government shutdown is looming.

"Congress hasn’t even finished our deadlines from the previous fiscal year. I mean, Oct. 1 was the deadline," fumed Rep. Warren Davidson, R-Ohio, on FOX Business. "Before I was in Congress, I was in manufacturing. And if you were making bad parts, you would at least stop making bad parts."

Davidson observed that Congress continues to even make "bad parts, and we’re not even in session." 

Some conservatives say they are okay with a shutdown starting this weekend. They believe a shutdown would at least harness some spending.

"A government shutdown is not ideal. But it’s not the worst thing," said the House Freedom Caucus Chairman Rep. Bob Good, R-Va. "The only leverage we have, when we have one branch, is to be willing to say no. To be willing to walk away."

BURNING DOWN THE HOUSE: FEBRUARY HAS BEEN AN UNMITIGATED DISASTER FOR REPUBLICANS

Conservatives are begging House Speaker Mike Johnson, R-La., to abandon a government spending pact he crafted with Senate Majority Leader Chuck Schumer, D-N.Y., and others in early January. The accord did not fund the government — hence the funding problem lawmakers face this weekend. That agreement simply established the size of the money pie for fiscal year 2024. Leaders agreed that Congress would spend a grand total of $1.59 trillion for fiscal year 2024. But on what? And how? Those issues remain unresolved. That is why lawmakers have toiled over for nearly two months now – trying to slice $1.59 trillion into 12 separate appropriations bills. It was thought there may be an agreement over the weekend. However, matters imploded. 

Johnson told Fox News Tuesday that he is working to prevent the government spending from lapsing. 

"We're gonna prevent the shutdown. We're working on it," Johnson said.

"The problem is that Speaker Johnson is indecisive. He’s weak. He’s inexperienced and he does not have the votes. Not only because it’s a tight majority. But also because there is a far right group of House Republicans who are blocking him everywhere he wants to go," said Tom Kahn, a distinguished fellow at American University and former House Budget Committee staff director. "I think he’s afraid to make decisions because he’s afraid to lose his job. He saw what happened to his predecessor, (former House Speaker) Kevin McCarthy, R-Calif."

So, conservatives are now pushing an interim spending bill — something which was anathema to many on the right just a few months ago. They used to demand that Congress pass spending bills "by the book." One by one. Now, conservatives are okay with a stopgap plan, known as a continuing resolution (CR). Federal spending climbs year after year. A CR simply renews all the old funding — without an increase. This gambit maintains the old spending levels. It is not a cut, but there is no new funding. Thus, to conservatives, it saves money.

"This is why I support a continuing resolution, which actually is going to force a 1% cut. $100 billion savings and maybe stabilize this inflation issue" said Sen. Roger Marshall, R-Kan., on Fox.

Democrats — and some Republicans — find this thinking outrageous.

"It’s very disappointing to see that the House has been so unwilling to compromise and work together," said Sen. Jeanne Shaheen, D-N.H. "We’ve just had obstacles every step of the way."

However, most lawmakers are resigned to believing a CR may be the only way to avoid a shutdown. 

"Things are pretty uncertain right now," said Sen. John Cornyn, R-Tex. "I think we’re heading toward a CR for some uncertain duration."

The deadline is Friday night at 11:59:59 p.m. ET. 

"It’s going to be hard enough to meet that 72-hour requirement by Friday," said Senate Majority Whip Dick Durbin, D-Ill. "So I don’t know if a CR is possible." 

Here is what is at stake. A partial shutdown stalls transportation and housing programs. It suspends money for agriculture and military construction. A government closure holds up energy and water projects.

However, a full shutdown for the entire federal government could hit at the end of the day on March 8. 

Top bipartisan Senate leaders are trying to avert a shutdown. 

"The margin for error on any of these is razor thin. And unfortunately, the temptation to choose chaos and disorder instead of cooperation will be strong for some here in the Capitol," said Schumer. 

Schumer secured backup from Senate Minority Leader Mitch McConnell, R-Ky. 

"Once more, a shutdown this week is entirely, avoidable," said McConnell. "Shutting down the government is harmful to the country. And it never produces positive outcomes – on policy or politics." 

However, not all lawmakers are focused on government spending.

Hunter Biden testifies behind closed doors on Wednesday before House investigators. Austin will explain to livid lawmakers on Thursday as to why he failed to inform the president or other Pentagon officials about his medical leave. Then, we’re on to a partial government shutdown Friday. 

This is just an average winter in Congress these days.

GROWING FRUSTRATION AMONG MAYORKAS IMPEACHMENT MANAGERS ABOUT NOT STARTING A TRIAL

What about an impeachment trial for Homeland Security Secretary Alejandro Mayorkas? The House impeached Mayorkas on Feb. 13. No one really knows the timing of a Senate trial. Eleven House members will serve as "impeachment managers" to prosecute the case before the Senate. But as to their roles and when a Senate trial might begin? The new uniform pants in Major League Baseball are more transparent. 

Several of the managers expressed frustration at the dearth of information about what roles they might play in an impeachment trial. One told Fox they had "no clear guidance" from the GOP brass as to what to expect. 

In late 2019 and early 2020, Democratic House impeachment managers held "mock trial" sessions and engaged in parliamentary calisthenics behind closed doors to prepare for the first impeachment trial of former President Trump. The Mayorkas managers have held no such sessions. That was why at least one impeachment manager worried that the Senate might demand the trial begin right away. That could make the House members appear foolish and amateurish. 

However, a senior House Republican leadership aide said that the brass had briefed all managers — adding they would be "fully prepared" when a trial starts.

It was thought that the Senate may begin its trial as early as Wednesday, but Fox is told not to expect a trial this week. In fact, the impeachment trial may be on hiatus — until lawmakers figure out how to fund the government. 

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So this week is a blockbuster as it is. 

But imagine what it would have been like had there also been the impeachment trial of Mayorkas — the first impeachment trial of a cabinet secretary since the 1870s.

Growing frustration among Mayorkas impeachment managers about not starting a trial

There is growing frustration among the 11 House impeachment managers about when they will present their articles to the Senate in the case of Homeland Security Secretary Alejandro Mayorkas. 

House managers serve as "prosecutors" and argue the impeachment case before the Senate

One impeachment manager told Fox they had been given "no clear guidance" about the roles they might play or when the House may even transmit the articles to the Senate. 

Fox was told the earliest the Senate could begin a trial is Wednesday. However, the decision lies at the feet of House Speaker Mike Johnson (R-LA). 

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Some House Republicans – and some impeachment managers – are itching to get started, but that could backfire without preparation.

Fox was told two weeks ago that House impeachment managers believed they might meet late last week to prep and organize – even doing "mock trial" sessions. Democrats who were impeachment managers conducted such dry runs in late 2019 and early 2020 ahead of the first impeachment trial of former President Trump. However, such sessions never materialized, although there were conversations among chiefs of staff for the impeachment managers.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

"We hoped to get clarity on the next steps two weeks ago, if not the end of last week," said one frustrated manager. 

There has been some chatter that the House might not even send over the impeachment articles until the issue of two looming government shutdowns subsides.

Managers expressed concern about how they should prepare or if the managers would be assigned "subject lanes" to argue before the Senate.

One manager feared that House leaders might want to send over the articles promptly, initiating a trial without any preparation. The manager worried how that would look if Senate Majority Leader Chuck Schumer (D-NY) decides to give impeachment managers some latitude and present their arguments. 

"We might fall on our face," said one manager.

Several Republican lawmakers want Schumer to reconvene Senate ‘immediately’ for Mayorkas impeachment trial

Some Senate Republicans want the upper chamber to reconvene "immediately" to proceed with an impeachment trial of Homeland Security Secretary Alejandro Mayorkas over his handling of the ongoing migrant crisis at the southern border. The House voted to impeach Mayorkas Tuesday night in a tight 214-213 vote. 

Mayorkas is the first Cabinet secretary to be impeached by the U.S. Congress since 1876.

"Schumer should reconvene the Senate immediately and proceed to trial," Sen. Josh Hawley, R-Mo., wrote in a post on X Tuesday night. 

Fox News Digital reached out to Schumer's office for comment and did not hear back by time of publication. But in a statement Tuesday night after the vote, Schumer said the impeachment trial will begin later this month. The Senate is scheduled to return from recess on Feb. 26.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer said in a statement. "Senators will be sworn in as jurors in the trial the next day."

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

Sen. Mike Lee, R-Utah, said in a post that the Senate "cannot fail" to "uphold" its constitutional duty and "conduct an impeachment trial for Secretary Mayorkas, who has ignored his duty to protect our country."

"Chuck Schumer is trying to sweep this travesty under the rug by violating the constitution and foregoing a trial. Republican leadership cannot stand idly by and let him," he wrote. 

Echoing the urgency, Sen. Rick Scott, R-Fla. urged the upper chamber to take quick action: "The Senate must take this up immediately."

"While some in the Senate sided with securing Ukraine's border before our own, I'm glad to see House Republicans do the right thing and hold this lawless administration accountable," he wrote Tuesday night.

In a statement to Fox News Digital, Sen. Eric Schmitt, R-Mo., compared how Democrats treated Trump's impeachment trials versus "the cabinet member responsible for 9 million illegal migrant entries on the southern border." 

"They show zero interest in demanding real accountability," Schmitt said. "This impeachment coming to the Senate will undoubtedly show how unserious Democrats have become when it comes to responsibly leading the country and protecting Americans. Mayorkas’ impeachment proceedings should be brought to the Senate floor ASAP, but don’t hold your breath for any meaningful change at the border while Democrats are in charge."

Schmitt's sentiments are shared by several Senate Republicans who opposed the failed border bill that was in the national security supplemental package, citing concerns about increased power for President Biden and Mayorkas. They argued that shifting asylum claim responsibilities to the secretary of Homeland Security undermines immigration court processes.

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

The Senate ultimately voted to remove the border bill text and passed a standalone $95 billion foreign aid bill. 

"I don't think it ever made sense to many Americans that we're negotiating a border deal with the person we're trying to impeach," Sen. Roger Marshall, R-Kan., told Fox News Digital in an interview ahead of the vote on Tuesday. 

"I welcome the impeachment," Marshall said. "He didn't enforce the law of the land, he broke his oath to Americans as well. So I think, for all those reasons, he should be impeached."

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. southern border, accusing him of deliberately flaunting existing immigration law and worsening the situation.

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Fox News Digital has reached out to DHS for comment. In a statement following the House's vote, DHS spokesperson Mia Ehrenberg said: "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border. While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment.

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe," Ehrenberg added.

Fox News' Elizabeth Elkind contributed to this report. 

Jefferies defend surprise appearance by Texas Democrat in failed Mayorkas impeachment vote

House Minority Leader Hakeem Jefferies, D-New York, defended the surprise appearance of fellow Democrat Rep. Al Green of Texas during Tuesday's vote that ultimately tanked a Republican effort to impeach Homeland Security Secretary Alejandro Mayorkas.

"It’s not our responsibility to let House Republicans know which members will or will not be present on the House floor on any other day or in connection with any given vote," Jeffries told reporters Wednesday in the Capitol, The Hill reported. 

Green, who was receiving health care at a hospital, appeared in the House chamber in a wheelchair wearing hospital garb to cast his ballot. The move surprised Republicans, who had little wiggle room after three of their own voted no. 

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

Fox News Digital has reached out to Green's office. 

The vote was 216-214. Lawmakers voted on a resolution combining two articles of impeachment accusing Mayorkas of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

They were Reps. Tom McClintock, R-Calif.; Ken Buck, R-Colo.; and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

SEN. TIM SCOTT A ‘HADES NO’ ON SENATE BORDER, IMMIGRATION DEAL

"We can basically … look at this as a game, unfortunately, and their strategy. And they hid one of their members, waiting to the last minute, watching to see our votes, trying to throw us off on the numbers that we had versus the numbers they had," Rep. Marjorie Taylor Greene, R- Georgia, said. "That was a strategy at play tonight."

Jefferies said Green wasn't coerced by his Democratic colleagues to participate in Tuesday's vote. 

"He has told his story directly and he made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by Marjorie Taylor Greene, targeting a hard-working public servant like Secretary Mayorkas," Jeffries said.

While speaking to reporters, House Speaker Mike Johnson, R-Louisiana, said the vote was changed when "people who show up when they’re not expected to be in the building."

GOP lawmaker on key immigration subcommittee slams Mayorkas impeachment ‘fantasy’ as vote count tightens

A House Republican on a key immigration subcommittee announced Tuesday that he will vote against impeaching Homeland Security Secretary Alejandro Mayorkas, dealing a significant blow to GOP efforts to impeach the Biden official ahead of a vote expected later in the day.

"The only way to stop the border invasion is to replace the Biden administration at the ballot box. Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," Rep. Tom McClintock, R-Calif., who heads the Judiciary subcommittee on immigration, said on X, formerly known as Twitter.

Later on the House floor, he called it a "stunt."

HOUSE TEES UP VOTE ON IMPEACHING MAYORKAS OVER BORDER CRISIS 

The House is expected to vote later on two articles of impeachment, which accuse Mayorkas of having "repeatedly violated laws enacted by Congress regarding immigration and border security" and of having "made false statements to Congress" that the border is secure and closed and that DHS is in operational control of the border. 

McClintock’s "no" joins that of Rep. Ken Buck, R-Colo. Fox News Digital is also told that Rep, Mike Gallagher, R-Wis., also raised concerns about impeaching Mayorkas at a closed-door meeting of the House Republican Conference. The House majority is slim and Republicans can only afford three defections if all lawmakers are present and all Democrats vote against impeachment.

Should the impeachment push fail, it would signify an enormous blow to House Republicans who spent much of 2023 investigating Mayorkas for his handling of the crisis at the southern border, before referring articles to the House Homeland Security Committee late last year.

The committee advanced the two articles last week. If Mayorkas is impeached, then it will go to the Senate for a trial.

Speaker Mike Johnson said that he had spoken to McClintock and Buck about their objections to the move to impeach the Cabinet Secretary -- which would make it the first impeachment since 1876.

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

" I respect everybody's view. I understand the heavy weight that impeachment is…next to the declaration of war, I believe impeachment is probably the heaviest authority that the House has given in the Constitution," he said. "We carry that weight very carefully. What I will say about this Mayorkas impeachment is that the Homeland Security Committee has done an extraordinary job, a very deliberate job as you know over a long period of time.

Republicans have accused Mayorkas and the administration of fueling the crisis with "open border" policies including "catch-and-release," reduced interior enforcement and the rolling back of Trump-era policies they believe helped secure the border. They also accuse Mayorkas of not following immigration law, which they say demands the detention of illegal immigrants, and of failing to secure the border. Mayorkas has vigorously denied those claims.

"The constitutional case and evidence for impeaching Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is strong and compelling," Committee Chair Mark Green said in an op-ed for The Washington Examiner this week. "My committee’s nearly year-long investigation identified Secretary Mayorkas’ willful and systemic refusal to comply with U.S. immigration laws and his breach of the public trust as the primary drivers of the unprecedented crisis at America’s borders."

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

But the process has come under fire from the Department of Homeland Security, as well as House Democrats and some Republicans. They see a pre-determined politically motivated push for impeachment based on policy disagreements rather than high crimes and misdemeanors, and the Biden administration has instead pointed to efforts made to secure the border by Mayorkas -- including his role in a bipartisan Senate deal released this week. They have also pointed to more than 500,000 removals since May and record seizures of fentanyl at the border.

"House Republicans have failed to provide any legitimate Constitutional grounds for impeachment according to countless legal experts of diverse political views, House Republicans’ own prior impeachment witness, and their fellow GOP Members," DHS officials said in a recent memo.

Mayorkas himself defended himself against impeachment last week in a letter to Republicans, in which he slammed the allegations as "false" and "baseless."

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said.

Other voices against the impeachment of Mayorkas include Jonathan Turley, who was a witness for the House majority earlier this year, and Alan Dershowitz, who was former President Trump’s defense lawyer during the first impeachment effort against him. Former Bush-era DHS Secretary Michael Chertoff recently called on Republicans to "drop this impeachment charade" and work with Mayorkas to solve the crisis.

The Hitchhiker’s Guide to the House trying to impeach Mayorkas next week

House Republicans are aiming to tee up debate and a floor vote next week to impeach Homeland Security Secretary Alejandro Mayorkas.

As of this Friday, the House Rules Committee has not officially put impeachment on its schedule for Monday. But Fox is told that that could happen over the weekend if Republicans are satisfied with the whip count on impeachment. At this stage, the Rules Committee is only slated to prep a health care bill for the floor at its meeting Monday. The two impeachment articles must go to the Rules Committee before heading to the floor.

If the Rules Committee prepares the articles of impeachment on Monday, the full House could debate and vote on impeaching Mayorkas as early as Tuesday. If the Rules Committee meeting slips to Tuesday, then floor action on Mayorkas will likely shift to Wednesday. 

And even if the Rules Committee convenes on Mayorkas, the House won’t necessarily need to bring those articles of impeachment to the floor right away if the GOP brass is concerned about the vote count. 

MAYORKAS IMPEACHMENT ARTICLES APPROVED BY COMMITTEE, SETTING UP FULL HOUSE VOTE

The decision to go to the floor is about the math. 

Rep. Brian Higgins, D-N.Y., resigns Friday to run an arts organization in western New York. When the House returns on Monday, it will have 431 members — 219 Republicans and 212 Democrats. That’s a seven seat majority. And the retirement of Higgins helps the GOP make the math work in their impeachment quest. With a delta of seven seats between the majority and minority, Republicans can now lose three votes on their side and pass something without assistance from Democrats. The margin was two votes prior to Higgins stepping down. 

But it’s more complicated than that. 

It is doubtful that House Majority Leader Steve Scalise, R-La., will be back next week after receiving cancer treatments. Rep. Hal Rogers, R-Ky., should return after being injured in a car accident. But there are always a handful of members out on any given day for health and other reasons. So if Republicans go to the floor to impeach Mayorkas, they need to make sure everyone who is a yea on impeachment is present. Rep. Ken Buck, R-Colo., is a no right now. Johnson told Fox Business Friday morning that he would work on Buck this weekend. 

So, if things go the way the GOP leadership wants, the House could vote on Tuesday or Wednesday to impeach Mayorkas. If the leadership doesn’t put impeachment on the floor, the math won’t work. 

Keep in mind that the Republican hand could either get better or worse if for some reason the House doesn’t vote next week on impeachment. 

There is a special election in New York on February 13 to replace former Rep. George Santos, R-N.Y., who was expelled. Former Rep. Tom Suozzi, R-N.Y., is running against GOP nominee Mazi Melesa Pilip. If Suozzi wins, the GOP majority shrinks again. But a Pilip victory serves as a Republican reinforcement. 

HESITANT REPUBLICANS COULD DERAIL MAYORKAS IMPEACHMENT EFFORT

If and when the House votes, it considers two articles of impeachment. One accuses Mayorkas of disregarding the law. The other charges Mayorkas of lying to Congress, saying the border was secure. 

The House will likely vote on each article separately. Mayorkas would be impeached if the House adopts either article. Moreover, the House does not always approve both articles of impeachment in such an inquest. In 1997, the House only adopted two of the four articles of impeachment leveled against former President Clinton. 

Think of impeachment as an indictment. It’s then up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial. 

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet member, Secretary of War William Belknap in 1876. 

If the House approves impeachment articles, it must next take a separate vote to appoint "impeachment managers." It then dispatches the article or articles of impeachment to the Senate. 

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors. 

Fox is told that the House wants to get the impeachment articles to the Senate quickly after the vote. The Senate is trying to consider a major border security bill next week. So there could be a bit of a parliamentary traffic jam as the Senate potentially grapples with both the border bill and maybe the start a Senate trial. But it’s also possible a trial could wait until the week of Feb. 11. 

T,his scenario produces a rather shocking split screen. The Senate is dealing with a border security bill as it entertains an impeachment trial against the Homeland Security Secretary. 

OHIO SENATE CANDIDATE SAYS GOP IMPEACHING ‘TRAITOR’ MAYORKAS A ‘NO BRAINER’: ‘GROTESQUELY UNQUALIFIED’

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Dome to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate. 

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas." 

The articles are then presented to the Senate and the managers are introduced. That is all which usually happens on the first day of a Senate trial – although Fox was told the Senate might try to squeeze everything 

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But Fox is told that could happen on day one in this instance. 

According to Senate rules, the "trial" must begin the day after the Senate receives the articles at 1 p.m. Trials are supposed to run Monday through Saturday. There were Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021. 

It is unlikely that U.S. Chief Justice John Roberts will preside over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray, D-Wash., will preside over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all: How much of a trial is there? 

Senate Majority Leader Chuck Schumer, D-N.Y., ducked questions from yours truly last fall about what a potential impeachment trial for President Biden or Mayorkas would look like. 

Schumer again sidestepped a question this week when asked if he would "hold" a trial. "Let’s wait and see what the House does," replied Schumer. 

But regardless, the Senate cannot immediately bypass a trial. If the House impeaches, the Senate is compelled to at least receive the impeachment articles, the House managers and swear-in the senators. 

At that point, the Senate can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. 

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd, D-W.Va., made a motion to dismiss the charges. 

In 2010, the Senate was on the verge of launching an impeachment trial of former federal judge Samuel Kent, but he resigned after the House impeached him and before the Senate began the trial. The House notified the Senate it did not want to continue with the trial. So the Senate eventually conducted a vote to discharge itself of responsibilities regarding Kent. 

The Senate could so something similar this time. 

But here’s the rub: There will eventually be either a vote to convict or exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that Fox polling data revealed that border security was the number-one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Pa., Tammy Baldwin, D-Wisc., Jacky Rosen, D-Nev., and Kyrsten Sinema, I-Ariz. – if she runs.

But first, we have to see if the House has the votes to impeach. Everything hinges on that.

James Biden to appear for transcribed interview with House Oversight Committee in February

President Joe Biden's younger brother, James Biden, will appear before the House Oversight Committee on Feb. 21 for a transcribed interview.

The younger Biden was subpoenaed as part of the investigation into Hunter Biden and President Biden in November. He has not been charged with any wrongdoing by the FBI. 

House Republicans leading the impeachment inquiry into President Biden believe that James has knowledge of Hunter’s business deals and whether the president was involved. 

House Republicans have heard recently from several Biden associates. Rob Walker, a former business associate of Hunter, said the President "was never involved" in Hunter's business dealings during a closed-door interview.

HOUSE REPUBLICANS NEGOTIATE WITH PRESIDENT'S BROTHER ON DEPOSITION TERMS

Another one of Hunter's business associates, Mervyn Yan, testified behind closed-doors before the committees Thursday about the nature of Biden's business activities in China, which House Republicans said raised many questions.

A source with direct knowledge of Yan’s testimony told Fox News Digital that Yan told congressional investigators he is "unaware of any involvement President Biden may have had with his son’s business pursuits."

In December, The Washington Post reported that James Biden's discussions were monitored in an FBI investigation, although he wasn't the focus of it. The FBI recorded Biden's conversations due to his association with Richard "Dickie" Scruggs, a Mississippi attorney convicted of bribery involving a judge, as part of the investigation.

"I'm going to hold off criticism of the president's brother. He obviously has due process and we have heard from his attorney. We're trying to make that work and I feel like that'll happen soon," House Oversight Chairman James Comer, R-Ky., said last month.

Hunter Biden will appear before the House Oversight Committee for a deposition on Feb. 28. 

This is a breaking story, check back for updates. 

Fox News' David Spunt and Brooke Singman contributed to this report. 

House Republicans negotiate with president’s brother on deposition terms

President Biden’s younger brother, James Biden, is in active negotiations to appear for a deposition before House Republicans, Fox News has learned. 

The younger Biden was subpoenaed as part of the investigation into Hunter Biden and President Biden in November. 

House Republicans leading the impeachment inquiry into President Biden believe that James has knowledge of Hunter’s business deals and whether the president was involved. 

The president’s brother was scheduled to appear for a closed-door deposition in early December, but that date came and went. Conversations continue between the House Oversight Committee and Biden’s legal team. 

HUNTER BIDEN'S HOLLYWOOD LAWYER ‘SUGAR BRO’ ALLEGEDLY VIOLATED PROFESSIONAL CONDUCT RULES: BAR COMPLAINT

"I'm going to hold off criticism of the president's brother. He obviously has due process and we have heard from his attorney. We're trying to make that work and I feel like that'll happen soon," House Oversight Chairman James Comer, R-Ky., said last month.

The Washington Post reported in December that James Biden’s conversations were swept up in an FBI investigation, though he was not the target. 

HUNTER HAS TIES TO NEARLY 2 DOZEN CURRENT, FORMER BIDEN OFFICIALS AS FEDERAL CHARGES, HOUSE PROBES LOOM

According to the Post, Biden’s conversations were recorded as part of an FBI investigation into a Mississippi attorney named Richard "Dickie" Scruggs. 

The outlet reported that the FBI secretly recorded conversations involving Biden because of his relationship with Scruggs, who went to federal prison for a bribery conviction involving a judge. 

James Biden was not the subject of the FBI probe and was never charged or accused of wrongdoing by the bureau.

James Biden’s nephew, Hunter Biden, is scheduled for a closed-door deposition on Feb. 28 after a public back and forth with the committee that almost led to a contempt of Congress vote.

GOP candidate compared deporting illegal immigrants to Nazis, ‘not opposed’ to fast-tracking DACA citizenship

A Republican running for Congress in North Carolina previously compared deporting illegal immigrants to Nazi Germany, and said he was "not opposed" to fast-tracking citizenship for recipients of Deferred Action Childhood Arrivals (DACA), also known as "Dreamers."

Pat Harrigan, a candidate running to represent North Carolina's 10th Congressional District, made the comments in an Oct. 2022 interview with WFAE 90.7, a public radio station that services the Charlotte area, while a congressional candidate in a different district ahead of the midterm elections.

"There has to be a pathway to citizenship. Look, from my perspective, you look at countries that have rounded up and exported people from their country. It's a list of countries that we don't want to be involved with. It's Russia. It's North Korea. It's China. It is Nazi Germany," he said when asked about a "pathway to citizenship" for individuals in the U.S. illegally.

ALL EYES ON NEW HAMPSHIRE'S INDEPENDENT VOTERS FOLLOWING REPORTS OF DEMOCRATS VOTING FOR NIKKI HALEY IN IOWA

"This horse has left the stables on this topic. And the vast, vast majority of immigrants that have come to this country are here because they're trying to build a better life for themselves and for their families," he said.

The interviewer then asked Harrigan about "Dreamers," those brought to the U.S. as children of illegal immigrants, and whether there should be a process for them to gain citizenship more quickly.

"I think we need to look at exactly how we do that, but I'm not opposed to it. I do think it’s incredibly important that we have to gain control of the southern border and gain control of our immigration system first, prior to allowing any type of assimilation program on a widespread basis. Critically important that we do that one-two step," he responded.

VIRGINIA VETERAN AIMS TO BE 1ST FEMALE MARINE ELECTED TO CONGRESS, JOINS RACE TO FLIP COVETED DEM-HELD SEAT

The topic of immigration came up while Harrigan was being asked about former President Donald Trump, and whether he should run again for the White House in 2024.

Harrigan dodged the question, saying he was "laser focused" on his midterm race, which he later lost. However, the interviewer pressed him, noting his expressed disagreement with Trump's "personal behaviors," but that he agreed with him on certain policy points.

"I certainly share President Trump's perspective — at least a portion of his perspective — on our southern border. I absolutely believe our southern border is a very real and present danger for the national security of this country," Harrigan responded, citing statistics concerning individuals suspected of terrorism infiltrating the U.S.

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Harrigan added that he "absolutely" believed the border needed to be secured, but that he diverged with Trump on the issue of labor.

"We have a massive labor crisis in this country right now. And quite frankly, we are wasting the best opportunity that we have had in the last 50 years to regenerate and regrow the American manufacturing capability, domestic manufacturing, because we don't have any labor to support it. We have to have an ample flow of immigrants into this country," he said.

"I'm very pro-immigration," he added.

In a statement to Fox News Digital, Harrigan said the "use of an oppobook by establishment politicians to attack … a decorated combat veteran" exposed their "fear" of his commitment to America-first policies.

"I understand the true cost of freedom and the need for strong national security. My stance is clear: secure our borders first, complete the wall, deport illegal aliens who have broken our laws, and reinstate Trump’s border policies before considering any pathway to citizenship," he said.

"I will fight to rectify the border crisis caused by Biden and radical democrats, advocate for Trump’s policies and push for the impeachment of DHS Secretary Mayorkas for failing to protect our nation," he added.

Harrigan's campaign also pointed Fox News Digital to an ad it released addressing the border crisis.

North Carolina's 10th Congressional District is currently represented by Republican Rep. Patrick McHenry, who briefly served as speaker pro tempore following former House Speaker Kevin McCarthy's ouster in October. It is a deep-red district considered a safe seat for Republicans.

McHenry announced in December that he would not seek re-election.

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