Tim Scott rips ‘two-tiered standard’ between treatment of Trump, Biden on border executive action: video

FIRST ON FOX — Republican South Carolina Sen. Tim Scott slammed what he called a "two-tiered standard" concerning President Biden mulling executive action to handle the border crisis, and how former President Trump was treated during his presidency when he attempted to do the same thing.

"Well, there's no question that there's a two-tiered standard in our national media. The way they cover President Trump versus the way that they use kid gloves to cover Joe Biden. There's no question about that," Scott said during a Thursday interview with Fox News Digital when asked about reports that Biden is weighing executive action to crack down on asylum-seeking.

"More important, however, is that when we had President Trump in office, we actually had a basically sealed southern border. Crossings were around a thousand a day. Under President Biden in December, we had 10,000 crossings on average per day," he added. "That contrast should be what the media is covering."

TRUMP VP AUDITIONS: SCOTT RAMASWAMY HIT TRAIL IN SOUTH CAROLINA ON BEHALF OF FORMER PRESIDENT

An administration source told Fox earlier this week that Biden is considering executive action to restrict the ability of migrants to claim asylum amid historic numbers of border crossings facing the country, but that it’s one of "several" plans being looked at.

An administration official also stressed that there have been no final decisions on what actions, if any, could be taken and that exploring policy options does not mean they will come to pass.

One of the options reportedly on the table is use of 212(f) of the 1952 Immigration and Nationality Act, which allows the president to restrict certain categories of foreigners who are deemed "detrimental to the interests of the United States." Trump attempted to use it but was blocked by a federal court, a ruling later upheld by the Supreme Court.

HISPANIC HOUSE DEMS ACCUSE BIDEN OF LEAVING THEM IN DARK ON POSSIBLE EXECUTIVE ACTION AT BORDER

The former president also faced sharp criticism from Democrats and members of the liberal media for attempting to use executive action on immigration, including being called "xenophobic" and "racist."

Biden has yet to face the same widespread level of criticism, although some of the more progressive Democrats have lashed out at the idea of Biden reverting to the previous administration's approach.

"Democrats CANNOT solve immigration problems by adopting Trump-like policies," Rep. Pramila Jayapal, D-Wash., wrote in a post on X, while Rep. Jesús García, D-Ill., claimed, "President Biden would be making a grave mistake if he moves forward with this policy."

DEMOCRAT IN CRUCIAL SENATE RACE UNDER FIRE FOR PAST AMNESTY, SANCTUARY CITY ‘SUPPORT’ AS BORDER CRISIS SPIRALS

The possible executive action by Biden comes just under two weeks after the House of Representatives narrowly voted to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the border crisis.

During a gaggle with reporters after casting his vote in the South Carolina primary earlier in the day, Scott told Fox that he "certainly" supported Mayorkas' impeachment, and he praised the House for having the "courage" to take such action. However, he admitted the task likely wouldn't go anywhere in the Democrat-controlled Senate.

"The best way to eliminate Mayorkas being the secretary is to actually fire Joe Biden," he said. "If we really want to change the trajectory of the country as it relates to immigration — illegal immigration — we have to do so by having someone, a commander-in-chief, who respects our borders, who wants to close our borders."

Fox News' Adam Shaw and Paul Steinhauser contributed to this report.

7.2M illegals entered the US under Biden admin, an amount greater than population of 36 states

Nearly 7.3 million migrants have illegally crossed the southwest border under President Biden's watch, a number greater than the population of 36 individual states, a Fox News analysis finds.

That figure comes from U.S. Customs and Border Protection, which has already reported 961,537 border encounters in the current fiscal year, which runs from October through September. If the current pace of illegal immigration does not slow down, fiscal year 2024 will break last year's record of 2,475,669 southwest border encounters — a number that by itself exceeds the population of New Mexico, a border state. 

The total number of southwest land border encounters since Biden assumed office in 2021 is 7,298,486, CBP data shows. 

That is larger than the population of 36 U.S. states, including Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, West Virginia, Wisconsin and Wyoming. 

MIGRANTS CAUGHT ON NEW VIDEO STREAMING DOWN REMOTE CALIFORNIA MOUNTAINSIDE TO ILLEGALLY CROSS THE BORDER

Compared to the largest U.S. states, the 7.3 million number is about 18.7% of California's population of 39 million, 23.9% of the state of Texas and its 31 million residents, 32.3% of the population of Florida and 37.3% of New York. It's more than half the size of Pennsylvania, Illinois and Ohio. 

Were the number of illegal immigrants who entered the United States under President Biden gathered together to found a city, it would be the second-largest city in America after New York. And the total does not include an estimated additional 1.8 million known "gotaways" who evaded law enforcement, which would make it bigger than New York. 

Taken together, nearly 10 million migrants have crossed into the U.S. illegally during the Biden administration, a record Biden's critics assert could only be achieved by intentionally refusing to enforce the law. 

"This unprecedented surge in illegal immigration isn't an accident. It is the result of deliberate policy choices by the Biden administration," said Eric Ruark, Director of Research for Numbers USA, a nonprofit that advocates for immigration restrictions.

The Department of Homeland Security did not respond to a request for comment.  

MIGRANT CRISIS: NOEM SENDS NATIONAL GUARD TO SOUTHERN BORDER'S ‘WARZONE’

Republicans and anti-illegal immigration activists have for years blamed Biden for allowing the current overwhelming surge of migrants by reversing former President Donald Trump's border policies. The Biden administration has denied responsibility for the crisis and pointed to external "push" factors like violence and economic instability in South and Central America as the culprit responsible for vast waves of migration to the U.S. 

However, the president's critics say migrants face more of a "pull" factor in the form of job opportunities and government benefits because they know they will not face deportation under Biden's lenient policies. 

"The administration has refused to enforce existing immigration law and taken every opportunity to aid and abet illegal border crossings — through policies such as catch-and-release, mass parole, and offering temporary work permits to tens of thousands of foreigners who make dubious claims for asylum," Ruark told Fox News Digital. "In actual effect, the United States government is completing the human smuggling and trafficking process for the Mexican cartels."

Ira Mehlman, a spokesman for the Federation for American Immigration Reform (FAIR), said migrants have learned in the last three years that they won't face deportation for entering the country illegally. 

"They have sent the signal that if you come to the U.S. illegally, if you abuse the asylum system, you'll be released into the country and allowed to remain here, in most cases given work authorization," Mehlman said. "Even if you neglect to show up for your hearings, the odds of you being removed are negligible. The president claims he doesn't have the authority to enforce our laws. He absolutely does. He is deliberately not enforcing those laws."

LARGE MAJORITY OF ILLEGAL BORDER CROSSING SHIFT TO ARIZONA AND CALIFORNIA, PIVOTING AWAY FROM TEXAS

Biden has called on Congress to pass new laws he claims would let him solve the border crisis. He endorsed a bipartisan deal in the Senate that included an "emergency border authority" to mandate Title 42-style expulsions of migrants when migration levels exceed 5,000 a day over a seven-day rolling average. It would have also limited the window for people to apply for asylum, provided immediate work permits for asylum seekers and funded a massive increase in staffing at the border and more immigration judges. 

But conservatives tanked the deal in the Senate after House Republicans declared it a non-starter. They argued the bill would have normalized record-high levels of illegal immigration and said Biden currently has all the authority he needs to reenact Trump's policies and secure the border. 

While the debate rages, House Republicans have impeached Homeland Security Secretary Alejandro Mayorkas for allegedly refusing to enforce immigration laws. Two impeachment articles advanced against Mayorkas accused him of having "refused to comply with Federal immigration laws" and violating the "public trust."

DHS has criticized the effort as politically motivated and insisted the Biden administration is enforcing the laws on the books. 

Biden said that "history will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games."

Fox News' Bill Melugin, Adam Shaw and Jamie Joseph contributed to this report.

Biden’s $200K payment from brother receives renewed scrutiny after report detailing failed hospital venture

A heavily scrutinized $200,000 check that President Biden received from his brother, James Biden, in 2018 has resurfaced in a new report detailing how the latter leaned heavily on his family's influence to promote a now-defunct hospital chain targeted by the Department of Justice for fraud.

According to the report published Sunday by Politico, James centered his consulting work for Americore, a company that operated rural hospitals, on his leverage as a member of the Biden family, but those connections never materialized into more financing for the company before it ultimately collapsed.

Fox News Digital reported last year that Americore loaned James approximately $600,000 on the promise that his name could bring in funding from the Middle East. On the same day, $200,000 of the $600,000 was transferred to James' personal bank account, prompting him to write Biden a $200,000 check from that same account.

GOP SENATOR FUMES OVER ‘WACKO’ DEMOCRATS' LACK OF ‘COMMON SENSE’ ON TRANS SPORTS: ‘GOING TO GET HURT’

Politico said that its investigation of James' work for Americore "did not find that Joe Biden involved himself in the firm or took actions on its behalf," but that the president "did benefit indirectly from his brother's work with the firm," citing the $200,000 payment.

The White House has consistently denied that the money was anything other than repayment for a loan Biden previously gave James as a private citizen, and redacted bank records appear to show a $200,000 payment made to James just weeks earlier from a bank account belonging to Biden.

However, Republicans on the House Oversight Committee have emphasized the payment, whether a loan or not, "aptly demonstrates one way [Biden] personally benefited from his family’s shady influence peddling of his name and their access to him."

GOP SENATE HOPEFUL KEPT TIES TO GEORGE SOROS-BACKED GROUP WHERE HUNTER BIDEN SERVED ON BOARD

"Even if the transaction in question was part of a loan agreement, we are troubled that Joe Biden’s ability to recoup funds depends on his brother’s cashing-in on the Biden brand," Committee Chairman James Comer, R-Ky., told Fox News Digital in October.

James is expected to be interviewed as part of the committee's impeachment inquiry against Biden on Feb. 21.

According to Politico, a number of former Americore executives said James, at the time, wanted to give Biden equity in the company, put him on its board, and promote its success in a future presidential campaign, none of which ever occurred due to the company's failure.

STATE ATTORNEY GENERAL OFFICIALLY CALLS ON KAMALA HARRIS TO INVOKE 25TH AMENDMENT, REMOVE BIDEN FROM OFFICE

Americore is facing an ongoing $100 million federal prosecution after the DOJ found one of its hospitals allegedly undertook a scheme to defraud Medicare by billing the government for medically unnecessary lab tests. However, James has not been accused of any crime.

In December, a Chapter 11 trustee for Americore testified before the Oversight Committee that the $600,000 loan was provided to James with no documentation in return for the promise of funding from the Middle East that never came. 

Carol Fox told the committee she filed a lawsuit against James, saying he made "representations that his last name, ‘Biden,’ could ‘open doors’ and that he could obtain a large investment from the Middle East based on his political connections." 

The suit was ultimately settled with James required to pay back $350,000 of the loan.

Fox News Digital has reached out to the White House and representatives of James Biden for comment.

Biden calls for an end to impeachment inquiry after indictment of FBI informant: ‘Outrageous effort’

President Biden called for House Republicans to drop their impeachment inquiry against him, saying on Friday that it has been "an outrageous effort from the beginning." 

The president’s comments came after the indictment of FBI informant who alleged that Joe Biden and Hunter Biden had been paid millions of dollars in exchange for their help firing the Ukrainian prosecutor investigating Burisma Holdings.

"He is lying, and it should be dropped," Biden said after a reporter asked about the indicted FBI informant.

House Republicans told Fox News Digital that their impeachment inquiry has much more evidence that does not rely on the indicted FBI source.

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

Special Counsel David Weiss charged Alexander Smirnov, 43, with making a false statement and creating a false and fictitious record during FBI interviews. 

According to the indictment, Smirnov gave "false derogatory information" to the FBI despite "repeated admonishments that he must provide truthful information and that he must not fabricate evidence." 

The indictment says that Smirnov had told an FBI agent in March 2017 that he had had a phone call with Burisma’s owner concerning the firm potentially acquiring a U.S. company and making an initial public offering (IPO) on a U.S.-based stock exchange. 

In reporting this conversation to the FBI agent, Smirnov said that Hunter Biden was a board member of Burisma, though that was publicly known. 

In June 2020, Smirnov is accused of having told the FBI, for the first time, about two meetings he had had four to five years earlier, in which executives associated with Burisma had supposedly admitted that they had hired Hunter Biden to "protect us, through his dad, from all kinds of problems." 

During this meeting, the indictment alleges that Smirnov said the executives had paid $5 million to each of the Bidens while Joe Biden was still in office. The indictment alleges that Smirnov falsely claimed that the Bidens had been paid so that Hunter Biden, with his dad’s help, could take care of a criminal investigation being conducted by the then-Ukrainian Prosecutor General, Viktor Shokin, into Burisma. 

BIDEN, NOT SPECIAL COUNSEL HUR, BROUGHT UP SON'S DEATH IN QUESTIONING

The allegations were recorded on an FBI FD-1023 form, which is used by FBI agents to record unverified reporting from confidential human sources. The form is used to document information as told to an FBI agent, but recording that information does not validate or weigh it against other information known by the FBI. 

The FD-1023 form containing the allegations last year became a key document in the House investigation into the Biden family’s business dealings.

House Oversight Committee Chairman James Comer and GOP Sen. Chuck Grassley were approached by a whistleblower last summer who alleged that the FBI was in possession of a document — an FD-1023 form, dated June 30, 2020 — that explicitly detailed information provided by a confidential human source alleging that Biden, while serving as vice president, had been involved in a multi-million-dollar scheme with a foreign national in exchange for influence over policy decisions.

On Friday, Biden was asked about the indictment of Smirnov—and whether it should bring the impeachment inquiry to an end.

"He is lying, and it should be dropped," Biden said, referring to Smirnov’s allegations and the impeachment inquiry. "It’s just been a — it's been an outrageous effort from the beginning."

Hunter Biden’s attorney Abbe Lowell, earlier Friday, said the same: "For months we have warned that Republicans have built their conspiracies about Hunter and his family on lies told by people with political agendas, not facts. We were right, and the air is out of their balloon," Lowell said in a statement. "This is just another instance of Chairmen Comer and Jordan peddling falsehoods based on dishonest, uncredible allegations and witnesses."

But Comer, who is leading the impeachment inquiry, said that the FBI's FD-1023 form containing Smirnov’s is not being used in an impeachment inquiry against the president. 

SPECIAL COUNSEL ROBERT HUR TO TESTIFY PUBLICLY AT HOUSE HEARING ON BIDEN CLASSIFIED RECORDS PROBE

The impeachment inquiry, he said, "is based on a large record of evidence, including bank records and witness testimony, revealing that Joe Biden knew of and participated in his family’s business dealings." 

"We have over $30 million reasons to continue this investigation and not one of those reasons relies on the corrupt FBI or an informant. Bank records don’t lie," Comer told Fox News Digital on Friday. "Bank records and witness testimony reveal Joe Biden knew about and participated in his family’s business schemes, and he has repeatedly lied to the American people about these facts."

Comer added: "The American people demand the truth and accountability for any wrongdoing. We will continue to follow the facts to propose legislation to reform federal ethics laws and to determine whether articles of impeachment are warranted."

Coming up in the impeachment inquiry is testimony from the president's brother, Jim Biden, on February 21, and a deposition of Hunter Biden on February 28. Both testimonies will take place behind closed doors. 

Smirnov is accused of repeating some of his false claims during an interview with FBI agents in September 2023, while changing other bits of information, and promoting a new false narrative after claiming to have met with Russian officials. 

If convicted, Smirnov faces a maximum of 25 years in prison.   

Fox News Digital's Bradford Betz contributed to this report. 

House GOP gunning for testimony from Biden Special Counsel Robert Hur, sources say

The House Judiciary Committee is in talks to have Special Counsel Robert Hur potentially testify on Capitol Hill after releasing his report on President Biden’s handling of classified documents, Fox News Digital has learned.

Two sources told Fox News Digital that House Judiciary Chairman Jim Jordan’s committee is looking at late February or early March for possible dates for Hur to testify.

House Republicans appear poised for a lengthy probe into Hur’s findings after he released a 388-page report clearing President Biden of wrongdoing despite having "willfully retained and disclosed classified materials."

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Hur said Biden came off "as a sympathetic, well-meaning, elderly man with a poor memory" and that "it would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness."

Republican lawmakers have argued that Hur’s decision not to recommend charges against Biden is an example of the two-tiered justice system in the U.S. It’s also spurred speculation over whether the 81-year-old president is unfit for office.

Jordan, R-Ohio, along with House Oversight Committee Chairman James Comer, R-Ky., and House Ways & Means Chairman Jason Smith, R-Mo., sent a letter to Attorney General Merrick Garland on Monday calling for him to release the transcripts and recordings of Biden’s interview with the special counsel’s office.

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

In the letter, they accused Biden of lying at a press conference after the report’s release when he said, "I did not share classified information. I did not share it" when asked whether he disclosed the sensitive information to his ghostwriter. 

"As explained to Mr. Hur in October, there is concern that President Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings," they wrote.

"Further, we seek to understand whether the White House or President Biden’s personal attorneys placed any limitations or scoping restrictions during the interview that would have precluded a line of inquiry regarding evidence (emails, text messages, or witness statements) directly linking the President to troublesome foreign payments."

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

The Judiciary Committee’s discussion with Hur is likely to come within days of Hunter Biden’s closed-door deposition in front of Jordan and Comer’s panels, the sources said.

The president’s son is sitting down with impeachment inquiry investigators on Feb. 28.

Fox News Digital reached out to the White House and DOJ for comment on Hur’s potential testimony.

House Republicans demand transcript of Biden’s interview with special counsel as part of impeachment inquiry

FIRST ON FOX: House Republicans leading the impeachment inquiry against President Biden are demanding the Justice Department turn over the transcript and any recordings of Biden’s interview with Special Counsel Robert Hur in his investigation into Biden's mishandling of classified documents.

Hur, who released his report to the public last week after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

Hur did not recommend any charges against the president but did describe him as a "well-meaning elderly man with a poor memory" — a description that has raised significant concerns for his 2024 reelection campaign.

On Monday, House Oversight Committee Chair James Comer, House Judiciary Committee Chair Jim Jordan and House Ways & Means Committee Chair Jason Smith penned a letter to Attorney General Merrick Garland to request that he turn over the transcript and any recordings of Biden's October 2023 interview with Hur and the special counsel team. The three committee leaders are leading the impeachment inquiry against Biden.

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Comer had asked Hur if any of the classified records that Biden held were related to the countries with which his family allegedly conducted business.

Comer told Fox News Digital last week that he wants "unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influence peddling."

The letter sent to Garland and obtained by Fox News Digital on Monday detailed the concerns that "Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings."

"Further, we seek to understand whether the White House or President Biden’s personal attorneys placed any limitations or scoping restrictions during the interview that would have precluded a line of inquiry regarding evidence (emails, text messages, or witness statements) directly linking the President to troublesome foreign payments," they wrote. 

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

"Additionally, the Committee on the Judiciary requires these documents for its ongoing oversight of the Department’s commitment to impartial justice and its handling of the investigation and prosecution of President Biden’s presumptive opponent, Donald J. Trump, in the November 2024 presidential election," they continued. 

"Despite clear evidence the President willfully retained and transmitted classified materials willfully, Mr. Hur recommended 'that no criminal charges are warranted in this matter,'" they wrote. "Although Mr. Hur reasoned that President Biden’s presentation ‘as a sympathetic, well-meaning, elderly man with a poor memory’ who ‘did not remember when he was vice president’ or ‘when his son Beau died’ posed challenges to proving the President’s guilt beyond a reasonable doubt, the report concluded that the Department’s principles of prosecution weighed against prosecution because the Department has not prosecuted ‘a former president or vice president for mishandling classified documents from his own administration.’"

They added, "The one ‘exception’ to the Department’s principles of prosecution, as Mr. Hur noted, ‘is former President Trump.’ This speaks volumes about the Department’s commitment to evenhanded justice."

Comer, Jordan and Smith demanded the materials by Feb. 19.

Biden retained records related to Ukraine, China; Comer demands ‘unfettered access’ amid impeachment inquiry

President Biden retained documents marked "secret" and "confidential" related to Ukraine and China, according to Special Counsel Robert Hur's report.

Hur, who released his report to the public on Thursday after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents — and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office. 

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods." 

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

But Biden also kept classified documents related to Ukraine and China.

House Oversight Committee Chairman James Comer, R-Ky., who is currently co-leading the impeachment inquiry against Biden, had asked Hur last year if any of the classified records Biden held were related to the countries that his family conducted business with.

Comer is now demanding "unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influence peddling."

Hunter Biden, joined the board of Ukrainian natural gas firm Burisma Holdings in June 2014. Hunter Biden also had joint business ventures with Chinese energy firms.

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

With regard to the Ukraine documents, according to the special counsel report, Biden kept a September 2014 memo with the subject line "U.S. Energy Assistance to Ukraine." That memo was marked as confidential.

Biden, at the time, did run U.S.-Ukraine policy.

The report also states that the FBI located a green file folder Biden kept, labeled "Ukraine 2/19/15." That folder was inside an "unlabeled green hanging folder." Also, inside that folder was a red file folder labeled "VP Personal."

In the "VP Personal" file folder was a telephone call sheet from Dec. 12, 2015, and talking points for a call with Ukrainian Prime Minister Yatsenyuk. There is a handwritten note attached addressed to Biden’s executive assistant that states: "Get copy of this conversation from Sit Rm for my Records please." The note is signed "Joe." That document was marked as "Secret."

Attached to that document was another, dated Dec. 11, 2015. The report describes that document as "a transcript documenting the substance of a Dec. 11, 2015 call between Mr. Biden and Ukrainian Prime Minister Yatsenyuk." The document is marked "CONFIDENTIAL" and "EYES ONLY DO NOT COPY."

NO CHARGES FOR BIDEN AFTER SPECIAL COUNSEL PROBE INTO IMPROPER HANDLING OF CLASSIFIED DOCUMENTS

The special counsel’s report analyzes the documents, saying there "is reasonable doubt that Mr. Biden willfully retained" the documents.

"Mr. Biden's handwritten note does not request that executive assistant save the classified call sheet containing talking points for the call (A9) in his records; rather, he only requested the transcript of the phone call itself," the report states. "And no jury could reasonably find that the substance of the call between Mr. Biden and the Ukrainian Prime Minister was national defense information."

The report states that Biden and the Ukrainian prime minister "exchanged pleasantries and the Prime Minister heaped praise upon Mr. Biden for his December 9, 2015 speech to Ukraine's parliament."

"They did not engage in a substantive policy discussion. There may be technical or nuanced reasons to maintain the classification of the call, but no reasonable jury could conclude the call or its contents were national defense information after the end of Obama administration, or that by asking for a transcript of the call Biden intended to retain national defense information," the report states.

Biden, on Dec. 9, 2015, gave a speech in which he discussed corruption in Ukraine.

"And it’s not enough to set up a new anti-corruption bureau and establish a special prosecutor fighting corruption," Biden said in the speech. "The Office of the General Prosecutor desperately needs reform."

In that speech, Biden also said Ukraine’s "energy sector needs to be competitive, ruled by market principles — not sweetheart deals."

"It’s not enough to push through laws to increase transparency with regard to official sources of income," he said. "Senior elected officials have to remove all conflicts between their business interest and their government responsibilities.  Every other democracy in the world — that system pertains."

At the time, Burisma Holdings was under investigation by Ukrainian prosecutor Viktor Shokin. Several months later, in March 2016, Biden successfully pressured Ukraine to remove Shokin. At the time Shokin was investigating Burisma Holdings, Hunter had a highly lucrative role on the board receiving tens of thousands of dollars per month.

Biden, at the time, threatened to withhold $1 billion of critical U.S. aid if Shokin was not fired.

BIDENS ALLEGEDLY ‘COERCED' BURISMA CEO TO PAY THEM MILLIONS TO HELP GET UKRAINE PROSECUTOR FIRED: FBI FORM

"I said, ‘You’re not getting the billion. I’m going to be leaving here in,' I think it was about six hours. 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 recollected 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 the then-vice president pushed for Shokin's firing due to concerns the Ukrainian prosecutor went easy on corruption, and say that his firing, at the time, was the policy position of the U.S. and international community.

But Comer blasted the discovery of this information as "concerning" and questioned the timeline.

"It’s no secret Hunter Biden made millions by sitting on the board of Burisma when Joe Biden was Vice President and that Burisma benefited from the firing of Ukrainian prosecutor Viktor Shokin," Comer told Fox News Digital, saying it is "concerning Joe Biden retained classified materials related to Ukraine around the same timeframe he called for the firing of Viktor Shokin."

"The Justice Department must provide Congress with unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influencing peddling schemes," Comer said.

Meanwhile, with regard to China, Biden retained a memo with the subject, "Engagement with China in the Second Term." That document "suggests activities Vice President Biden could do in his second term to "build on my work last year by engaging with China’s leaders in the second term."  The document was marked as confidential.

Comer’s investigation and the House impeachment inquiry is probing Hunter Biden and James Biden’s Chinese business dealings, and whether Joe Biden was involved or had knowledge of the ventures.

No charges for Biden after Special Counsel probe into improper handling of classified documents

Special Counsel Robert Hur will not recommend criminal charges against President Biden for mishandling classified documents, according to his report after a months-long investigation into the president's alleged improper retention of classified records. 

Hur has been investigating Biden’s improper retention of classified records since last year. Those records included classified documents about military and foreign policy in Afghanistan, among other records related to national security and foreign policy which Hur said implicated "sensitive intelligence sources and methods." 

"We conclude that no criminal charges are warranted in this matter," the report states. "We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president."

The special counsel also described Biden as "a sympathetic, well-meaning, elderly man with a poor memory." 

"We have also considered that, at trial, Mr. Biden would likely present himself to a jury, as he did during our interview of him, as a sympathetic, well-meaning, elderly man with a poor memory," Hur wrote in the report. "Based on our direct interactions with and observations of him, he is someone from whom many jurors will want to identify reasonable doubt. It would be difficult to convince a jury that they should convict him—by then a former president well into his eighties—of a serious felony that requires a mental state of willfulness."

GARLAND SAYS SPECIAL COUNSEL PROBING BIDEN CLASSIFIED RECORDS HAS SUBMITTED REPORT, UNDER WHITE HOUSE REVIEW

But Hur said his investigation "uncovered evidence that President Biden willfully retained and disclosed classified materials after his vice presidency when he was a private citizen."

The materials included "marked classified documents about military and foreign policy in Afghanistan, and notebooks containing Mr. Biden’s handwritten entries about issues of national security and foreign policy implicating sensitive intelligence sources and methods." 

Hur said FBI agents recovered the materials from "the garages, offices, and basement den in Mr. Biden’s Wilmington, Delaware home." 

But Hur said that the evidence "does not establish Mr. Biden’s guilt beyond a reasonable doubt." :

"Prosecution of Mr. Biden is also unwarranted based on our consideration of the aggravating and mitigating factors set forth in the Department of Justice’s Principles of Federal Prosecution," the report states. "For these reasons, we decline prosecution of Mr. Biden."

The White House was given the opportunity to review the report for privilege after Hur initially submitted his report on Feb. 5, and did not seek any redaction to the report. The report was transmitted to Congress Thursday afternoon. 

Damning photos were included in the report — photos that the Biden campaign reportedly feared could have a negative impact on his 2024 re-election bid. 

Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.

BIDEN CAMP REPORTEDLY FEARS PHOTOS FROM SPECIAL COUNSEL CLASSIFIED DOCS PROBE COULD DEVASTATE REELECTION BID

A second stash of classified documents was also found inside the garage of the president’s home in Wilmington in December, but revealed to the public earlier this month, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel.

Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home Friday, seizing additional classified records.

Biden has defended the storing of classified documents in the past.

"By the way, my Corvette is in a locked garage, so it's not like they're sitting out on the street," he once said.

In a statement after Special Counsel released the report, Biden said he was "pleased to see they reached the conclusion I believed all along they would reach – that there would be no charges brought in this case and the matter is now closed."

"This was an exhaustive investigation going back more than 40 years, even into the 1970s when I was a young Senator. I cooperated completely, threw up no roadblocks, and sought no delays. In fact, I was so determined to give the Special Counsel what they needed that I went forward with five hours of in-person interviews over two days on October 8th and 9th of last year, even though Israel had just been attacked on October 7th and I was in the middle of handling an international crisis. I just believed that’s what I owed the American people so they could know no charges would be brought and the matter closed," Biden's statement continued.

"Over my career in public service, I have always worked to protect America’s security. I take these issues seriously and no one has ever questioned that," he added.

But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.

When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.

BIDEN INTERVIEWED BY SPECIAL COUNSEL ABOUT CLASSIFIED DOCUMENTS

Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.

Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation – an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20, 2024. 

Biden's aides told Axios earlier this week that they are fearful former President Trump's campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the president’s classified records case, versus the handling of the Trump probe.

"Against the backdrop of former President Trump's indictment on charges of willful and deliberate retention of classified documents, the Biden team's drip, drip, drip of information made the discoveries seem even worse," he wrote in an op-ed.

Before Hur’s findings were released, reports suggested the Biden campaign was concerned about potentially embarrassing photos included in Hur's expected report that could be released as soon as this week.

The campaign was concerned that the images would show how Biden stored classified materials. The classified documents were carried over from Biden's time as former President Obama's vice president.

Hur interviewed Biden at the White House – an interview that lasted two days. The White House said the president’s interview with Hur was "voluntary."

Last year, House Oversight Committee Chairman James Comer, who is co-leading the impeachment inquiry against President Biden, began investigating whether the sensitive, classified documents Biden retained involved specific countries or individuals that had financial dealings with Biden family members or their related companies. 

Comer questioned why Biden would have kept certain classified materials and asked Hur to provide his committee with a list of the countries named in any documents with classification markings recovered from Penn Biden Center, Biden’s residence, including the garage, in Wilmington, Delaware, or elsewhere; and a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer's request. 

Garland says special counsel probing Biden classified records has submitted report, under White House review

Attorney General Merrick Garland notified congressional lawmakers that Special Counsel Robert Hur has submitted his final report after months of investigating President Biden’s alleged improper retention of classified records.

Garland, in a letter to House Judiciary Committee Chairman Jim Jordan, Ranking Member Jerry Nadler, Senate Judiciary Committee Chairman Dick Durbin and Ranking Member Lindsey Graham, Garland said Hur submitted the final report on Feb. 5 to the Justice Department.

BIDEN CAMP REPORTEDLY FEARS PHOTOS FROM SPECIAL COUNSEL CLASSIFIED DOCS PROBE COULD DEVASTATE REELECTION BID

"Prior to submitting his report to me, Special Counsel Hur engaged with the White House Counsel’s Office and President’s personal counsel to allow comments on the report," Garland wrote. "That included review by the White House Counsel’s Office for executive privilege consistent with the President’s constitutional prerogatives."

Garland, though, said the White House’s privilege review "has not yet concluded." 

"As I have made clear regarding each Special Counsel who has served since I have taken office, I am committed to making as much of the Special Counsel’s report public as possible, consistent with legal requirements and Department policy," Garland wrote.

Garland vowed to "produce to Congress the report, its appendices, and the letter from counsel following completion of the White House’s privilege review." 

Hur has been investigating Biden’s improper retention of classified records since last year. Reports suggest there will be no charges filed against the president. 

Classified records were first found inside the Washington, D.C., offices of the Penn Biden Center think tank on Nov. 2, 2022, but only disclosed to the public in early January 2023.

A second stash of classified documents was also found inside the garage of the president’s home in Wilmington in December but revealed to the public earlier this month, prompting Attorney General Merrick Garland to appoint former U.S. Attorney Rob Hur to serve as special counsel.

Days later, additional classified documents were found in the president’s home in Delaware. The FBI conducted a more than 12-hour search of Biden’s Delaware home Friday, seizing additional classified records.

Biden has defended the storing of classified documents in the past.

"By the way, my Corvette is in a locked garage, so it's not like they're sitting out on the street," he once said.

But Garland, on Nov. 18, 2022, appointed former DOJ official Jack Smith to serve as special counsel to investigate whether Trump was improperly retaining classified records at Mar-a-Lago.

When Smith was appointed to investigate Trump, Garland and top DOJ officials were simultaneously conducting an internal review of President Biden’s mishandling of classified records. That review, and the discovery of classified records at Biden’s office, was not disclosed to the public until January.

BIDEN INTERVIEWED BY SPECIAL COUNSEL ABOUT CLASSIFIED DOCUMENTS

Republicans and allies of former President Trump were outraged, blasting the Justice Department for a double standard.

Trump pleaded not guilty to all 37 felony charges out of Smith's probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.

Trump, the 2024 GOP front-runner, was then charged with an additional three counts as part of a superseding indictment out of Smith’s investigation – an additional count of willful retention of national defense information and two additional obstruction counts. Trump pleaded not guilty.

That trial is set to begin on May 20, 2024. 

Biden's aides told Axios earlier this week that they are fearful former President Trump's campaign could use the photos against the Democrat incumbent ahead of their likely 2024 rematch.

COMER DEMANDS ANSWERS ON WHETHER BIDEN CLASSIFIED RECORDS MENTION COUNTRIES RELATED TO FAMILY BUSINESS DEALS

Anthony Coley, a former senior adviser to Garland, accused the Biden team of slow-walking discovery in the president’s classified records case, versus the handling of the Trump probe.

"Against the backdrop of former President Trump's indictment on charges of willful and deliberate retention of classified documents, the Biden team's drip, drip, drip of information made the discoveries seem even worse," he wrote in an op-ed.

Reports this week suggested the Biden campaign was concerned about potentially embarrassing photos included in Hur's expected report. 

The campaign was concerned that the images would show how Biden stored classified materials. The classified documents were carried over from Biden's time as former President Obama's vice president.

Hur interviewed Biden at the White House – an interview that lasted two days. The White House said the president’s interview with Hur was "voluntary."

Last year, House Oversight Committee Chairman James Comer, who is co-leading the impeachment inquiry against President Biden, began investigating whether the sensitive, classified documents Biden retained involved specific countries or individuals that had financial dealings with Biden family members or their related companies. 

Comer questioned why Biden would have kept certain classified materials and asked Hur to provide his committee with a list of the countries named in any documents with classification markings recovered from Penn Biden Center, Biden’s residence, including the garage, in Wilmington, Delaware, or elsewhere; and a list of all individuals named in those documents with classification markings; and all documents found with classified markings.

It is unclear if Hur cooperated with Comer's request. 

Former Hunter Biden associate Tony Bobulinski to testify behind closed doors part of impeachment inquiry

EXCLUSIVE: Tony Bobulinski, a former business associate of Hunter Biden, is expected to testify behind closed doors on Capitol Hill next week as part of the House impeachment inquiry against President Biden, Fox News Digital has learned. 

A source familiar with the planning told Fox News Digital that Bobulinski will appear on Tuesday, Feb. 13 at 10 a.m. for his transcribed interview before both the House Oversight and Judiciary Committees. 

The source said his interview is expected to last eight hours. 

Bobulinski, who worked with Hunter Biden to create the joint-venture SinoHawk Holdings with Chinese energy company CEFC, said he met with Joe Biden in 2017. 

Bobulinski, in December, demanded Biden "stop lying" about that meeting and called on him to "correct the record."

"Why is Joe Biden blatantly lying to the American people and the world by claiming that he did not meet with me face to face?" Bobulinski told Fox News Digital in a statement. "He should call his son Hunter and brother Jim as they can remind him of the facts. The American people deserve the truth!"

FLASHBACK: HUNTER BIDEN BUSINESS ASSOCIATE'S TEXT MESSAGES INDICATE MEETING WITH JOE BIDEN

He added: "I call on Mr. Biden to stop lying and correct the record."

Bobulinski said he is a "former decorated Naval Officer who was willing to die for this great country and held the highest security clearance issued by the Department of Energy."

Bobulinski worked with Hunter Biden to create the joint venture SinoHawk Holdings with Chinese energy company CEFC.

Despite Biden’s recent denials of involvement with his son’s business dealings, text messages dating back to May 2017 reveal that Biden met with Bobulinski months after he left the vice president's office. Fox News Digital first reported on the text messages and that meeting in October 2020.

This is a developing story. Please check back for updates.