Trump attorney, Supreme Court justice clash on whether a president who ‘ordered’ a ‘coup’ could be prosecuted

An attorney for former President Donald Trump in the presidential immunity hearing clashed with Supreme Court Justice Elena Kagan over a hypothetical question on whether a president who "ordered" a "coup" could be prosecuted. 

"If it's an official act, there needs to be impeachment and conviction beforehand," Trump's attorney John Sauer argued Thursday before the Supreme Court, which is being broadcast publicly via audio only. 

Sauer's statement was in response to Justice Elena Kagan's hypothetical question, asking if a president who is no longer in office directing the military to stage a coup would constitute an "official act."

"He's no longer president. He wasn't impeached. He couldn't be impeached. But he ordered the military to stage a coup. And you're saying that's an official act?," Kagan asked.

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"I think it would depend on the circumstances, whether it was an official act. If it were an official act, again, he would have to be impeached," Sauer responded. 

"What does that mean? Depend on the circumstances? He was the president. He is the commander in chief. He talks to his generals all the time. And he told the generals, 'I don't feel like leaving office. I want to stage a coup.' Is that immune [from prosecution]?" Kagan pressed.

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Sauer responded it would "depend on the circumstances of whether there was an official act" if the hypothetical president would be immune from prosecution. 

"That answer sounds to me as though it's like, 'Yeah, under my test it's an official act.' But that sure sounds bad, doesn't it?" Kagan said.

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"That's why the framers have a whole series of structural checks that have successfully, for the last 234 years, prevented that very kind of extreme hypothetical. And that is the wisdom of the framers. What they viewed as the risk that needed to be guarded against was not the notion that the president might escape, you know, a criminal prosecution for something, you know, sort of very, very unlikely in these unlikely scenarios," Sauer responded.

"The framers did not put an immunity clause into the Constitution. They knew how there were immunity clauses in some state constitutions. They knew how to give legislative immunity. They didn't provide immunity to the president. And, you know, not so surprising. They were reacting against a monarch who claimed to be above the law. Wasn't the whole point that the president was not a monarch and the president was not supposed to be above the law," Kagan said. 

The back and forth came as the Supreme Court weighs whether Trump is immune from prosecution in Special Counsel Jack Smith’s election interference case. Smith’s case is currently on pause until the Supreme Court issues a ruling. The case charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. The case stems from Jan. 6, 2021, when supporters of Trump breached the U.S. Capitol. 

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Trump pleaded not guilty to all charges in August, and called on the Supreme Court to weigh whether a former president can be prosecuted for "official acts," as the Trump legal team argues. 

The Supreme Court is expected to reach a resolution on whether Trump is immune from prosecution by mid-June. 

Trump is also part of an ongoing trial in New York City where he is accused of 34 counts of falsifying business records in the first degree. He pleaded not guilty to each charge. The trial prevented Trump from attending the Supreme Court hearing Thursday. 

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The NY v. Trump case focuses on Trump’s former personal attorney Michael Cohen paying former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels. 

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Prosecutors allege that the Trump Organization reimbursed Cohen, and fraudulently logged the payments as legal expenses. Prosecutors are working to prove that Trump falsified records with an intent to commit or conceal a second crime, which is a felony.  Prosecutors this week said the second crime was a violation of a New York law called "conspiracy to promote or prevent election."

Fox News Digital’s Brooke Singman contributed to this report. 

Vulnerable Dem who demanded ‘fair’ Trump Senate trial changes tune on Mayorkas impeachment

Longtime Democratic Pennsylvania Sen. Bob Casey voted to kill the impeachment trial of Homeland Security Secretary Alejandro Mayorkas last week, but has a long track record of supporting impeachment proceedings when former President Trump was in the hot seat with Democrats. 

The Senate voted against two articles of impeachment Mayorkas faced last week, including one that charged Mayorkas with "willful and systemic refusal to comply" regarding immigration law, and a second article that charged him with a "breach of trust" after saying the border was secure. The Senate voted 51-48 and 51-49 against the articles. 

The votes were largely along party lines, with Sen. Lisa Murkowski of Alaska serving as the only Republican who voted "present" when asked about dismissing the first article, and voted against dismissing the second article. 

Republicans were pushing for a trial of Mayorkas for "willfully" refusing to enforce immigration laws, while millions of illegal immigrants have poured across the border into the U.S. since he was sworn in as the Biden administration’s secretary of Homeland Security in 2021. 

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Casey was among the Democrats who voted to kill the impeachment trial of Mayorkas, but had largely been tight-lipped ahead of the vote. Fox News Digital reported last week ahead of the Senate vote that Casey had not yet revealed his plans, while Politico reported on April 10 that Casey "did not directly answer a question on whether or not he’d support a motion to dismiss the trial."

He did tell the outlet at the time that "the Senate should be spending time passing the bipartisan border deal" and that he has "no doubt at all" that Republicans would use the impeachment trial against him and other vulnerable Senate Democrats ahead of the election. 

Senate Democrats quashing impeachment proceedings against Mayorkas was historically significant, as he is still serving in his role in public office. It marks a first for an impeachment trial to be dismissed, tabled or effectively tossed without the accused official first exiting their role, Fox Digital previously reported. 

"The Senate has no constitutional authority to rule that the articles approved by the House do not state impeachable offenses," Andrew McCarthy, a former chief assistant United States attorney in the Southern District of New York and a senior fellow at the National Review Institute, said last week. 

McCarthy added that the House has the sole power to determine impeachable offenses, and the Senate deeming the articles of impeachment unconstitutional and killing the potential trial, "essentially nullifies the House’s important role in the impeachment process." 

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The Senate voting against carrying through with the trial of Mayorkas comes after Casey repeatedly publicly supported impeachment proceedings against Trump when he was president.

"There can be no justice without accountability for those involved in the insurrection against the federal government. As a Nation, we cannot advance our shared democratic values without consequences for those who have betrayed those values. Those who stormed the Capitol should face charges. President Trump should be impeached and removed from office because he betrayed his oath to the Constitution and incited a mob to violence," Casey said in 2021, following protesters breaching the U.S. Capitol on Jan. 6 of that year. 

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

In 2020, when Democrats accused Trump of soliciting foreign interference in the 2020 election, Casey said, "Americans deserve a fair trial" when touting articles of impeachment against the 45th president. 

"Soon the Senate will take a critical vote on whether we should hear from relevant witnesses like John Bolton. Americans deserve a fair trial. Anything less is a cover-up," he said on X at the time.

That same month, he also called for "answers, under oath, in full view of the American people," as part of Trump’s first impeachment.

He added in 2019 of the Trump impeachment that failing to pursue proceedings against Trump would be "an insult to our Constitution and to our values."

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"Our Constitution indicates that impeachment is for ‘treason, bribery, or other high Crimes and Misdemeanors.’ A failure by Congress to pursue impeachment in the face of grave offenses by the President is an insult to our Constitution and to our values."

Trump was ultimately impeached twice, an historical first for a president, and acquitted on all counts by the Senate. 

Casey has served in the Senate since 2007, and is anticipated to have one of the most closely watched elections this year as he gears up for a campaign against anticipated Republican challenger Dave McCormick. Pennsylvania holds its primaries Tuesday, which will solidify the expected race between Casey and McCormick

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The Pennsylvania Democrat and fellow vulnerable Senate members have now come under greater focus from the Republican Party following the Mayorkas vote, including the National Republican Senatorial Committee (NRSC) previously telling Fox Digital that their votes against proceeding with the trial will become a focal point of election season. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," NRSC spokesperson Maggie Abboud told Fox News Digital in a statement last week. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she continued. 

Fox News Digital reached out to the Casey campaign for comment on the Mayorkas vote and his previous remarks on Trump’s impeachment proceedings, and were directed to the Senate office. The Senate office did not immediately respond to the inquiry.  

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," Elizabeth Gregory, a spokesperson for McCormick, said last week.

Immigration has become a top concern for voters ahead of November, alongside other concerns such as inflation, the economy and crime. Nearly 7.3 million migrants entered the U.S. between President Biden taking office and February 2024, a Fox News Digital analysis previously reported. The figure is more than the population of 36 individual states. 

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

Fox News Digital's Julia Johnson contributed to this report. 

GOP preps attacks on vulnerable Dem senators over Mayorkas impeachment trial dismissal

Republicans are planning to pin Senate Democrats' move to kill the articles of impeachment against Department of Homeland Security Secretary Alejandro Mayorkas on vulnerable incumbents ahead of the November elections. 

After several Democratic senators who face tough re-election battles voted in line with their party on Wednesday in order to deem the House-passed impeachment articles unconstitutional and forego a trial, Republican candidates are already using it to their advantage. 

"Joe Biden’s wide open border is going to be a top issue for voters headed into November," National Republican Senatorial Committee (NRSC) spokesperson Maggie Abboud told Fox News Digital in a statement. 

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"You can bet we are going to highlight Senate Democrats’ refusal to hold Joe Biden’s DHS Secretary accountable on the campaign trail, in advertising, and in every other way possible," she added. 

A spokesperson for One Nation, a group aligned with Senate Republican leadership and Minority Leader Mitch McConnell, R-Ky., also shared that it would be continuing to hit Democrats hard on immigration in the wake of Senate Democrats' votes to block the impeachment trial of Mayorkas from moving forward. 

Republican candidates taking on Democrats in competitive races, such as those in Montana, Nevada, Ohio, Wisconsin and Pennsylvania, were quick to slam their opponents for voting in line with their party and allowing Mayorkas to escape scrutiny. 

"Everyone should be outraged that Jon Tester does more for illegal immigrants in Washington than he does for legal taxpaying American citizens," former Navy SEAL Tim Sheehy, a Republican Senate candidate in Montana, said in a statement. 

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

After voting with his party, Sen. Jon Tester, D-Mont., suggested the impeachment was a partisan game, while also urging both Mayorkas and Biden to use their executive branch authorities to help secure the border and pushing his colleagues in Congress to pass a bipartisan border package. 

His campaign further told Fox News Digital in a statement that while Tester works towards a bipartisan solution on the border, "Tim Sheehy opposes the bipartisan border security bill endorsed by border patrol agents, and repeatedly called to defund the Department of Homeland Security."

Campaigns for Bernie Moreno, the Republican Senate nominee in Ohio, and David McCormick, Sam Brown and Eric Hovde, expected to be the Republican nominees for Senate in Pennsylvania, Nevada and Wisconsin, respectively, each made similar criticisms of vulnerable incumbent Democratic Sens. Sherrod Brown, D-Ohio; Bob Casey, D-Pa.; Jacky Rosen, D-Nev.; and Tammy Baldwin, D-Wis.

"Together, Casey, Biden and Mayorkas have enabled drug cartels to flood Pennsylvania communities with deadly drugs like fentanyl," claimed Elizabeth Gregory, a spokesperson for McCormick. 

As Republicans add the Mayorkas impeachment dismissal to their attacks on Democratic opponents, the incumbent senators are already pushing back. 

In a statement, Baldwin spokesperson Andrew Mamo said, "Tammy is focused on solutions, not political games," reiterating her support for a "bipartisan border compromise."

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"Senator Rosen is supporting solutions to increase border security and fix our broken immigration system because she is a bipartisan and independent voice for her state," Rosen's campaign said in a statement, criticizing "the extreme MAGA Republicans running against her" as "rubber stamps for Trump."

A Brown campaign spokesperson similarly pointed to the senator's support for the bipartisan package, noting that Moreno vocally opposed it. 

Casey's campaign did not respond to a request for comment.

Democratic Senatorial Campaign Committee spokesperson Tommy Garcia further claimed, "Republican Senate candidates lost their message on the border the minute they opposed the border security bill that members of their own party helped write," referencing a border package that was negotiated by Sens. James Lankford, R-Okla.; Chris Murphy, D-Conn.; and Kyrsten Sinema, I-Ariz., which quickly lost support following former President Donald Trump's public criticism. 

Garcia remarked that "the ads write themselves," following the Republicans' abandonment of the border package. 

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Both Republicans and Democrats appear to be prepping to wield the border issues against one another, but Republican strategist Doug Heye noted that Democrats "are massively on defense on the border."

With this in mind, Heye also said, "Impeachment of the DHS Secretary was largely a niche issue for the Republican base already well-committed in those races."

Uncommitted and swing voters are not likely to have paid attention to it, he said. 

Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia Center for Politics, agreed with Heye's assessment, adding, "I don't think the specifics of the Mayorkas impeachment matter much if at all — it just seems like too much of an Inside Washington story to matter."

However, he pointed out "[President] Biden has terrible numbers on immigration." 

"Republicans will of course hammer on the issue, so it is something Democrats need to be prepared to counter," he continued. 

Republican strategist David Kochel called the Mayorkas impeachment a "lose/lose" situation for Democrats. While vulnerable incumbents are expressing their support for the bipartisan border package, he noted it wasn't accomplished, and thus it is more difficult for them to use in their favor. 

"The idea was to kill this thing quickly and hope voters forget about it," he said of the Mayorkas impeachment proceedings. Going through with a full trial likely would have looked worse for Democrats, he added. 

Fox News Digital reached out to DHS for comment.

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

Vulnerable House Dems do a U-turn on illegal immigration after calling crisis ‘non-existent threat’

A handful of vulnerable House Democrats, all of whom dismissed concern about the southern border crisis and voted against measures to enhance border security in the past, have attempted to show their attention to the issue as they campaign for re-election.

Three Democrats in competitive House races this election cycle — Reps. Yadira Caraveo, D-Colo., Gabe Vasquez, D-N.M., and Eric Sorenson, D-Ill. — have introduced bills, resolutions and amendments over the last year that would do little to limit the flow of migrants entering the country illegally, but they acknowledge the crisis.

Caraveo, who represents Colorado's 8th Congressional District, introduced a package of legislation earlier this year pertaining to some of the immigration struggles facing the United States.

The first-term lawmaker introduced two bills — the HELP for Interior Cities ACT and the ANTI-Drugs Act — in February and insisted both pieces of legislation address "the needs of Colorado communities in the wake of a recent increase in migrant arrivals."

REPUBLICANS PREDICT DEMS TO PAY 'HEAVY PRICE' IN ELECTION AFTER MAYORKAS IMPEACHMENT BID FAILS

"This comprehensive plan would deliver funding to interior cities like Denver that are in need of support, reduce the financial burden placed on local governments, and stem the flow of illegal drugs into the U.S. It would also deliver much-needed funding to law enforcement both at the border and here in Colorado," she said of the measures at the time.

The HELP for Interior Cities ACT does little to address the flow of migrants entering the country and provides additional funding for migrant shelters located in cities not found along the border. The ANTI-Drugs Act, however, would make an already-existing Department of Homeland program titled "Operation Stonegarden" permanent and give law enforcement agencies grants for equipment and "personnel, including overtime and backfill, in support of enhanced border law enforcement activities."

Prior to introducing the measures, Caraveo was one of 211 Democrats who voted against the Secure the Border Act of 2023. That measure, which passed in the House, would have expanded the type of crimes that make someone ineligible for asylum, limited the eligibility to those who arrive at ports of entry, mandated a system similar to the E-Verify employment eligibility verification system and created additional penalties for visa overstay.

Caraveo was also one of 210 House Democrats who voted against a GOP-led effort in the House to impeach Homeland Security Sec. Alejandro Mayorkas.

During her previous tenure in the Colorado state House of Representatives, Caraveo joined other Democrats from across the nation to send a letter urging the Biden administration to relax immigration rules and "divest from immigration enforcement agencies like ICE and CBP."

Another Democrat who has brought attention to the issue in recent months is Vasquez, who represents New Mexico's 2nd Congressional District.

Earlier this month, Vasquez introduced a resolution that "condemns Republican inaction on common-sense solutions to our Nation’s broken immigration system and the challenges our Nation faces at the border."

Like Caraveo, Vasquez voted against the Secure the Border Act of 2023. Last October, however, he introduced a package of immigration bills amid a skyrocketing number of illegal immigrants arriving at the U.S. border. Those measures aimed to increase penalties for smugglers and cartels who engage in violent crimes, provide pathways for certain migrants to lawfully work in the U.S. and fund additional personnel at ports of entry.

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Prior to joining Congress, Vasquez lashed out at then-President Trump amid immigration woes in 2018 and insisted the idea of "sending the military to quell a non-existent threat" is "beyond stupid."

In a November 2020 post to Twitter, now known as X, Vasquez responded to one social media user who called for the abolition of Immigration and Customs Enforcement (ICE) and Customs and Border Protection by writing, "the only ICE we need to be melting."

Vasquez was also one of many Democrats who applauded President Biden's decision to terminate construction of a border wall along the southern border. In a January 2021 post on social media, he said, "As of today, all construction on this racist, environmentally destructive, massive waste of money comes to a grinding halt. This vanity project was little more than a glorification of xenophobia and an insult to border communities. Lets tear it down."

Like Caraveo and Vasquez, Sorensen, who represents Illinois' 17th Congressional District, voted against the Secure the Border Act of 2023, which would have largely increased the total number of CBP agents.

Sorensen introduced two amendments to the Secure the Border Act — one that would require the hiring, training and assigning of "not fewer than 500 additional CBP officers" at points of entry and another that would have appropriated $25 million to "improve coordination" and "expand" a fentanyl task force.

Both amendments were not considered prior to a vote on the bill in the House, and Sorensen cited a lack of bipartisan cooperation in voting against the legislation.

After introducing the amendments, Sorensen went on to vote "nay" on impeachment efforts against Mayorkas earlier this year.

Sorensen, like most of his colleagues on his side of the aisle, has expressed opposition to the Trump-proposed idea of a southern border wall. In a November 2019 post promoting an Illinois restaurant, he wrote, "We don’t need border walls, we need more pancakes and burritos!"

Last July, Sorensen joined 201 other Democrats, including Vasquez and Caraveo, in voting against a measure that would have prevented the use of facilities of certain schools that receive federal financial assistance to provide shelter or housing to illegal immigrants. Additionally, the trio of Democrat lawmakers rejected a measure that aimed to prohibit the federal government from using certain federally administered lands to provide housing for illegal immigrants.

Caraveo and Vasquez are both seeking re-election to their seats that have been labeled "Democrat Toss Up" by the Cook Political Report, a nonpartisan election analyst. Sorensen's seat has been labeled as "Lean Democrat."

CBP records show the first six months of fiscal year 2024 had 1,340,801 total encounters, exceeding the first six months of fiscal year 2023, which set a record of 1,226,254 total encounters.

Caraveo, Vasquez and Sorenson did not respond to Fox News Digital's requests for comment.

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

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

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

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

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

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

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

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

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

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

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

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

Republicans predict Dems to pay ‘heavy price’ in election after Mayorkas impeachment bid fails

Republicans warned that vulnerable Senate Democrats would be punished in the upcoming November general election for their votes to kill the impeachment trial of Department of Homeland Security Secretary Alejandro Mayorkas. 

"Every Democrat will pay a heavy price in November for willfully refusing to end this border crisis," said Republican conference Chairman John Barrasso, R-Wyo., in a statement following the impeachment trial proceedings. 

Senate Majority Leader Chuck Schumer, D-N.Y., proposed points of order after senators were sworn in as jurors to deem both of the House-passed articles of impeachment unconstitutional. Votes on the points of order were along party lines, with all Democrats agreeing that both articles were in fact unconstitutional. 

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This included all five of the most vulnerable Democratic incumbents, Sens. Tammy Baldwin, D-Wis., Jon Tester, D-Mont., Sherrod Brown, D-Ohio, Bob Casey, D-Penn., and Jacky Rosen, D-Nev. 

"The American people will hold Senate Democrats accountable for this shameful display," warned House Republican leaders in a joint statement from Speaker Mike Johnson, R-La., Majority Leader Steve Scalise, R-La., Majority Whip Tom Emmer, R-Minn., and Republican conference Chairwoman Elise Stefanik, R-N.Y.

"History will not be forgiving of Democrats' decision to table this hearing," echoed Sen. Roger Marshall, R-Kan., in a statement. "The American people will hold Mayorkas accountable at the ballot box this November."

Sen. John Cornyn, R-Texas, additionally slammed his Democratic counterparts for disregarding "their duty to the American people."

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In his own statement following the decision to vote in line with his party, Tester said, "Montanans want real solutions that secure the border, not partisan games from D.C. politicians."

He urged "President Biden and Secretary Mayorkas to use their remaining executive authorities to help secure our border," and asked his colleagues in the Senate to revisit the bipartisan border package that was abandoned following former President Trump's public disapproval.  

Tester's race is considered one of the most competitive races in the country heading into November. 

"Senate Democrats just showed voters they will do nothing to hold Joe Biden and DHS Secretary Alejandro Mayorkas accountable for the disastrous border policies that caused this crisis," National Republican Senatorial Committee spokesman Tate Mitchell said in a statement. 

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Republicans further lamented the precedent set by Wednesday's impeachment trial proceedings. "This means that the Senate can ignore, in effect, the House's impeachment," Senate Minority Leader Mitch McConnell, R-Ky., remarked on the chamber floor following the Senate adjourning. 

"This is a day that's not a proud day in the history of the Senate," he added. 

Throughout the Senate's history, charges and trials have only ever been dismissed when the impeached individual had resigned or was otherwise no longer in office. 

Cornyn noted the precedent set is "unfortunate" and part of the Democrats' larger effort "to sweep the Biden administration’s failing border policies under the rug."

"In 2020, Dems voted to impeach Trump without even charging a crime. Today they voted that a *felony* CANNOT be an impeachable crime. It’s beyond absurd," claimed Sen. Josh Hawley, R-Mo., comparing the impeachment trial proceedings to those of Trump during his presidency. 

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While Republicans denounced the proceedings that unfolded on the Senate floor, President Biden's administration rejoiced over the result. 

"Today’s decision by the Senate to reject House Republicans’ baseless attacks on Secretary Mayorkas proves definitively that there was no evidence or Constitutional grounds to justify impeachment," said Mia Ehrenberg, DHS spokesperson, in a statement. 

Ian Sams, White House spokesperson for Oversight and Investigations, added in his own statement, "Once and for all, the Senate has rightly voted down this baseless impeachment that even conservative legal scholars said was unconstitutional."

He also noted that Biden and Mayorkas would "continue doing their jobs to keep America safe and pursue actual solutions at the border."

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

Senate Dems reveal massive $79M ad spend to protect majority ahead of key match ups

Senate Democrats' campaign arm is sparing no expense in its bid to keep the upper chamber's majority in November, announcing a whopping $79 million ad plan across a number of battleground states and desired pick up opportunities. 

The Democratic Senatorial Campaign Committee (DSCC) is set to spend the multimillion-dollar sum on television, digital and radio advertising in several close Senate races and a handful of matches they are hoping to make competitive as they look to prevent the GOP from taking over in 2025, a committee aide said. Advertising throughout the new campaign will be done through a mixture of independent expenditures and coordinated campaign buys. 

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In a statement provided to Fox News Digital, Christie Roberts, DSCC executive director said, "Senate Republicans’ roster of unvetted, unpopular candidates bring disqualifying personal flaws and toxic policy positions to their races – when general election voters learn about them, they’ll see why they should be nowhere near the U.S. Senate."

"This advertising campaign will make the choice in each Senate race clear, enables the DSCC to communicate with voters in the most effective way and ensures we protect Democrats' Senate majority," she continued. 

Initial ad reservations in the DSCC's new campaign will be made in key electoral battlegrounds, including Arizona, Michigan, Montana, Nevada, Ohio, Pennsylvania and Wisconsin. Reservations will also be made in Texas and Florida as Democrats look to flip the seats of Sens. Ted Cruz, R-Texas, and Rick Scott, R-Fla. Each of the planned buys is expected to be for multimillion-dollar sums. 

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In Michigan, Democrats face concerns in November amid Israel's war in Gaza, which has prompted criticism from the state's significant Muslim and Arab populations. The DSCC had made an initial reservation of more than $11 million in TV ads in the state, as outgoing Sen. Debbie Stabenow's retiring deprives the Democrats of any incumbency advantage. 

A $10 million television reservation was similarly announced for Wisconsin, where Democratic Sen. Tammy Baldwin is expected to brave a significant challenge in the swing state. 

An additional $8 million reservation was made for television ads in Pennsylvania, as Republicans work to unseat incumbent Democratic Sen. Bob Casey in another key battleground that could decide the presidential election. 

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Together with the Majority Leader Chuck Schumer-aligned Senate Majority PAC's previously announced $239 million in ad reservations to protect vulnerable Senate Democrats, total ad reservations boosting Democratic candidates now tops $300 million. 

In a statement to Fox News Digital, National Republican Senatorial Committee communications director Mike Berg said, "It’s going to be very expensive for Democrats to try to convince voters that they didn’t open our border, unleash 40-year high inflation, and cause a crime epidemic in our country."

Each of the Senate races considered competitive in November are for seats that are currently held by lawmakers who caucus with Democrats, putting the party at a significant disadvantage. Additionally, while the DSCC is making moves to threaten Scott and Cruz in November, the races in Florida and Texas are not understood to be viable pick up opportunities for Democrats. 

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

Handful of vulnerable Dems will decide fate of Mayorkas impeachment trial

A handful of Democratic senators in vulnerable election contests in November could decide whether there's an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas.

"We have to look at the impeachment documents first," Sen. Jon Tester, D-Mont., told reporters Tuesday in a departure from his previous suggestion the impeachment amounted to "political games."

The Montana Democrat is in the throes of arguably the most competitive Senate election matchup in 2024. He is expected to face former Navy SEAL Tim Sheehy. The race is one of four "toss-ups," according to leading non-partisan political handicapper The Cook Political Report. 

Sen. Bob Casey, D-Pa., also left his options open for how he would vote if Democrats seek a quick procedural off-ramp for the trial, which Republicans expect.

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"We'll see what transpires from there, once being sworn in," Casey told Fox News Digital. "I don't think anyone knows what will transpire."

Casey faces a significant challenge in the battleground state of Pennsylvania, where the likely Republican nominee is Dave McCormick, a former hedge fund executive and combat veteran. The Cook Political Report has the contest rated "lean Democratic." 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

In keeping with their fellow vulnerable colleagues, senators Tammy Baldwin, D-Wis., and Sherrod Brown, D-Ohio, each avoided saying what they plan to do if a motion to table the impeachment trial is put forward.

"I am not as convinced as you are that the question before the Senate will be a tabling question. I know the press is saying that. I have not heard that," Baldwin told Fox News Digital. 

Numerous Democrats recently shared their expectations with Fox News Digital that their caucus will look to quickly dismiss the impeachment trial via a procedural maneuver. Senate Republicans have also accused Senate Majority Leader Chuck Schumer, D-N.Y., of planning to do so. However, Schumer has given no indication about his plans for an impeachment trial. 

"They still haven't sent anything over. How do you know they're going to?" Brown asked, referencing the House.

Speaker Mike Johnson, R-La., decided Tuesday to delay sending impeachment articles against Mayorkas to Schumer until next week. He did so at the request of several GOP senators who did not want the impeachment trial proceedings to take place at the end of the week, when senators will be heading home. 

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"Why don't we actually do something on the border instead of waiting for the dysfunctional House to send over impeachment articles for the first time in 100 years?" Brown asked. Similar to Tester, Brown is embroiled in a "toss-up" race against Trump-endorsed GOP nominee Bernie Moreno.

Baldwin's matchup, like Casey's, is considered "lean Democratic." The frontrunner for the GOP nomination in Wisconsin is businessman Eric Hovde.

Sen. Jacky Rosen, D-Nev., told Fox News Digital she wants to see the impeachment trial dismissed. 

"We should dismiss this," she said Wednesday. 

Rosen's race was recently moved from "lean Democratic" to "toss-up" by the political handicapper, illustrating the pivotal role swing state Nevada figures to play in November. The Republican primary in Nevada has yet to take place, but the frontrunner, who has the blessing of GOP Senate leaders, is Army veteran Captain Sam Brown.

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Several of the vulnerable Democrats pointed to a bipartisan border package that had been recently negotiated by senators Chris Murphy, D-Conn., James Lankford, R-Okla, and Kyrsten Sinema, I-Ariz., earlier this year. The measure quickly lost steam after former President Trump came out against it. 

"That would have solved a lot of the problems on our border," Rosen told Fox News Digital. 

"We have the legislation there that would fix these problems," she said. "You don't impeach. We are a legislative body."

"The law would hire — we'd be able to hire thousands more Border Patrol agents and do a much better job at stopping fentanyl at the border. So, we should get that done," said Casey. 

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However, Republicans argued at the time that the negotiated package didn't go far enough and included harmful provisions. 

While its unclear what some of the Democrats in tough re-election battles will do once the impeachment articles against Mayorkas are delivered, there are also questions on the Republican side.

Sen. Mitt Romney, R-Utah, told reporters Tuesday "a high crime or misdemeanor has not been alleged, and the standard has not been met for a conviction.

"I don't know that you want to go on for several weeks pointing out the obvious, which is that the border is a disaster. Secretary Mayorkas is following the position of his party and of the president who was elected."

Sen. Susan Collins, R-Maine, refused to indicate what action she would take. 

"I'm going to be sworn in as a juror. The role of senators is both juror and judge. And, thus, I don't comment on how I am going to vote until it occurs," she explained. 

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

Dem hit with $15 million border-related ad blitz in ‘toss-up’ Senate race

Sen. Jon Tester is the target of a new multi-million dollar ad blitz that highlights the vulnerable Montana Democrat's record on illegal immigration.

The $15.2 million statewide ad campaign financed by One Nation, which is closely aligned with Senate Republican leadership, is set to run until Sept. 2. The ads will reach voters through broadcast, cable and digital platforms. 

SEN TIM SCOTT, COLLEAGUES LAUNCH NEW VIDEO SERIES AIMED AT COURTING BLACK VOTERS

The video, titled "Line," shows Tester speaking out against amnesty early in his Senate career before a more recent vote to provide a path to legal status and citizenship for an estimated 11 million illegal immigrants. The ad further notes the senator's votes to continue funding locales, such as New York City, that have sanctuary policies in place for illegal immigrants. 

MAYORKAS IMPEACHMENT TRIAL POISED TO PRESSURE THESE VULNERABLE SENATE DEMS

The advertisement urges viewers in Montana to push Tester to "stop supporting Biden's border disaster" and support the Republican-led border bill. The Secure the Border Act, which has been touted by Republicans in the House and Senate, would require that construction is resumed on the southern border wall, make asylum standards stricter, add more Border Patrol agents and bar the Department of Homeland Security from using its app to help illegal immigrants in the U.S., among other things. 

"The pro-illegal immigration policies Senator Jon Tester voted for led to the crisis at our Southern border," One Nation President and CEO Steven Law said. "Senator Tester has repeatedly voted to fund sanctuary cities and grant amnesty to illegal immigrants. He even voted to allow President Biden to stop building the border wall. Senator Jon Tester needs to stop supporting President Biden’s border disaster." 

Tester's campaign, however, accused the group of distorting the senator's record, pointing to Tester's support for a controversial bipartisan border package negotiated in the Senate. That bill ultimately failed to advance due to opposition from influential conservative border hawks, including former President Donald Trump.

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"[Senate Minority Leader] Mitch McConnell’s dark money group is flooding Montana with millions of dollars to lie about Jon Tester’s record of fighting to pass one of the toughest border security bills in decades, cracking down on the fentanyl crisis, and his opposition to sanctuary cities," Tester's campaign countered in a statement.

The Montana Senate race is expected to be competitive and is rated a "Toss Up" by leading nonpartisan political handicapper The Cook Political Report. Tester's Republican opponent in November is likely to be former Navy SEAL Tim Sheehy, who is running in a largely uncontested primary. 

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As the border crisis emerges as a top issue for voters nationwide, including in Montana, Tester has been careful in his approach to legislative issues involving immigration or the border. Republican senators accused him last month of being unwilling to vote on immigration-related amendments ahead of the passage of the $1.2 trillion spending package. Tester and his office vehemently denied those claims. 

Tester is likely to face additional pressure in the coming weeks as the Senate takes up the House-passed articles of impeachment for Secretary of Homeland Security Alejandro Mayorkas. The charges stem from his handling of the border crisis. Democrats are expected to use a maneuver to quickly dismiss the trial, rather than letting it play out. But getting the support of the entire caucus is crucial, as the Senate is narrowly divided, 51-48, in favor of the Democratic caucus.

Asked what Tester would be doing once the articles are delivered, a representative for the senator told Fox News Digital, "Senator Tester will review the articles when they are sent over to the Senate."

House Speaker Mike Johnson, R-La., revealed last week his intention to deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y., on April 10. 

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

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

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

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

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

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

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

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

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

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

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

MAYORKAS IMPEACHMENT TRIAL POISED TO PRESSURE THESE VULNERABLE SENATE DEMS

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

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

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

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

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

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

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