Category: fox-news/politics/house-of-representatives/republicans

Here are the 3 House Republicans who torpedoed Mayorkas’ impeachment vote

Posted on by Latest Political News on Fox News

House Republicans were dealt a crushing defeat on Tuesday when a months-long effort to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the crisis at the southern border failed – with three GOP lawmakers breaking ranks and voting against the measure.

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

While the House voted mostly along party lines, with Democrats remaining united against the measure, three Republicans voted against it, with another lawmaker switching his vote at the last minute to allow for the resolution to be brought back to the floor.

THE HITCHHIKER'S GUIDE TO WHY REP. BLAKE MOORE FLIPPED FROM YEA TO NAY ON IMPEACHING MAYORKAS

Those who voted no were Reps. Tom McClintock, R-Calif., Ken Buck, R-Colo., and Mike Gallagher, R-Wis. The lawmakers said while they disapproved of the job Mayorkas is doing at the southern border, the threshold for impeachment had not been met, and warned it could be used against future Republican administrations.

"Secretary Mayorkas is guilty of maladministration of our immigration laws on a cosmic scale. But we know that’s not grounds for impeachment, because the American Founders specifically rejected it," McClintock said on the House floor. "They didn’t want political disputes to become impeachment because that would shatter the separation of powers that vests the enforcement of the laws with the president, no matter how bad a job he does."

Gallagher said Mayorkas "has faithfully implemented President Biden’s open border policies and helped create the dangerous crisis at the southern border." 

"But the proponents of impeachment failed to make the argument as to how his stunning incompetence meets the impeachment threshold Republicans outlined while defending former President Trump," he said in a statement, warning that a lower standard wouldn’t secure the border, "and will set a dangerous new precedent that will be weaponized against future Republican administrations."

HOUSE FAILS TO IMPEACH DHS SECRETARY ALEJANDRO MAYORKAS IN MAJOR BLOW TO GOP 

Buck was also critical of Mayorkas but did not believe the standard for impeachment had been met.

"In effect, we are now doing what we rightfully said House Democrats were doing in 2019 and 2021: pushing a partisan impeachment not based on what the Constitution actually states," he said in an op-ed for the Hill.

Meanwhile, Rep. Blake Moore, R-Utah, technically voted no but switched his vote at the last minute in a procedural move to be able to bring the resolution back to the floor.

The defeat marks a significant blow for House Republicans, who had pushed the impeachment of Mayorkas for over a year, and have accused him of disregarding federal law with "open border policies" that have worsened the ongoing crisis at the southern border.

GOP LAWMAKER ON KEY IMMIGRATION SUBCOMMITTEE SLAMS MAYORKAS IMPEACHMENT

Democrats and DHS accused Republicans of running a politically motivated impeachment that had no constitutional basis.

"This baseless impeachment should never have moved forward; it faces bipartisan opposition and legal experts resoundingly say it is unconstitutional," DHS spokesperson Mia Ehrenberg said after the vote on Tuesday. "If House Republicans are serious about border security, they should abandon these political games and instead support the bipartisan national security agreement in the Senate to get DHS the enforcement resources we need."

"Secretary Mayorkas remains focused on working across the aisle to promote real solutions at the border and keep our country safe," she said.

Republicans, however, indicated that they would likely vote again on the resolution when Rep. Steve Scalise, R-La., returns from cancer treatment.

"While I’m disappointed in the outcome of today’s vote, this is not the end of our efforts to hold Secretary Mayorkas accountable," House Homeland Security Chair Mark Green, R-Tenn., said in a statement. "I look forward to Leader Scalise’s return."

Fox News' Elizabeth Elkind and Chad Pergram contributed to this report.

The Hitchhiker’s Guide to why Rep. Blake Moore flipped from Yea to Nay on impeaching Mayorkas

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There were four Republicans who voted no tonight against impeaching Homeland Security Secretary Alejandro Mayorkas. Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-CA), Ken Buck (R-Colo.) and House Vice Conference Chairman Blake Moore (R-Utah) – a member of the Republican leadership.

But Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk. He’s not really against impeaching Mayorkas. Moore voted no so the Republican effort to impeach Mayorkas could live to fight another day.

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit: 

Moore was on the board as a yea in favor of impeaching Mayorkas. But the GOP miscalculated how many yea votes that they had – as well as how many Democrats present and available to vote no.

The current breakdown in the 431 member House is 219 Republicans to 212 Democrats with four vacancies.

Republicans can only lose three votes. But that’s if all of their members are present. House Majority Leader Steve Scalise (R-La.) has not voted all year due to cancer treatments. Scalise tells FOX he will be back soon.

So as soon as the Mayorkas impeachment vote went to 215-215, the gig was up for impeaching Mayorkas.

At least on Tuesday night.

By rule, a tie vote loses in the House. So the Mayorkas impeachment effort was going down to defeat.

Only on one occasion before has the House ever defeated articles of impeachment. In December 1997, the House only adopted two of the articles of impeachment leveled against former President Clinton.

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

So what were Republicans to do in order to salvage their impeachment gambit?

House rules enable any member on the PREVAILING side of a roll call vote (in this instance, the NAYS) to "move to reconsider" a vote. In other words, demand a re-vote.

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. So, it fell to a member of the House GOP brass.

Moore changed his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." This preserved the option for House Republicans to summon the vote again. Perhaps when Scalise is back. Or if Republicans win the special election on Long Island next week. The GOP hopes that Republican nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the seat vacated by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have some reinforcements to impeach…

Of course, that presumes that other Republicans aren’t absent that day.

As I always say, YOU try to get more than 400 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

TOP REPUBLICAN SAYS DEMS 'WILL ANSWER' AT BALLOT BOX FOR NOT BACKING MAYORKAS IMPEACHMENT

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again right away and the House would have to take it up. But by preserving the impeachment investigation, committee report and other documents, the maneuver by Moore enables the Republican leadership to preserve the impeachment gambit launched by the Homeland Security Committee – and try again. Maintaining that more exhaustive impeachment plan will also give the GOP more credibility if and when they present their impeachment articles to the Senate for a possible trial.

Moreover, having a key member change their vote to potentially order a re-vote in the House is rare. It happens with some degree of regularity in the Senate. Over the years Senate Majority Leader Chuck Schumer (D-N.Y.), Minority Leader Mitch McConnell (R-Ky.) and the late Senate Majority Leader Harry Reid (D-Nev.) would often be compelled to change their votes from yes to no – in order to call for a re-vote on a failed issue. 

Moore’s effort was not unprecedented in the House. But something seen more often across the Capitol dome in the Senate.

House tees up vote on impeaching Mayorkas over border crisis

Posted on by Latest Political News on Fox News

House Republicans are moving toward a chamber-wide vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas over the border crisis.

A Cabinet secretary has not been impeached since 1876.

Mayorkas is facing two impeachment articles, one that accuses him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Those articles passed out of the House Rules Committee on a party-line 8-4 vote Monday evening. That sets up a procedural rule vote that, if passed, will be followed by a House floor debate and then a final impeachment vote.

Three sources told Fox News Digital on Monday afternoon that they expect that vote to come Tuesday.

BORDER NUMBERS FOR DECEMBER BREAK MONTHLY RECORD, AS BIDEN ADMIN TALKS AMNESTY WITH MEXICO

House GOP leaders have accused Mayorkas of willfully disregarding existing federal laws and making deliberate policy decisions that have made the crisis at the U.S.-Mexico border worse.

Democrats, meanwhile, have painted Republicans’ impeachment push as political and argued the impeachment articles have no basis.

ILLEGAL MIGRANT FLIPS MIDDLE FINGERS AFTER BEING CHARGED WITH ATTACKING NYPD IN TIMES SQUARE

But the effort has served to largely unite what’s been a very divided House GOP conference this term. Even moderates from districts where President Biden won in 2020, like Rep. Don Bacon, R-Neb., have said they’d support Mayorkas’ impeachment.

It’s a good sign for Speaker Mike Johnson, R-La., who will need every Republican vote he can get to pass the historic measure. He’s presiding over a razor-thin House GOP majority, but the expected returns this week of Majority Leader Steve Scalise, R-La., and Rep. Hal Rogers, R-Ky., from medical absences will give him slightly more wiggle room.

At least one House Republican is against the impeachment push so far, while at least four more were undecided as of late last week. 

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

Rep. Ken Buck, R-Colo., told reporters last week that he was a "solid" no against impeaching Mayorkas. Buck criticized the Biden official for his handling of the southern border crisis but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense."

Mayorkas himself slammed the impeachment articles as baseless accusations in a letter to House Homeland Security Secretary Mark Green, R-Tenn., last week.

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

The impeachment proceedings will be a stark juxtaposition to Senate leaders' efforts to pass a bipartisan border security deal this week, talks which Mayorkas has been a part of.

House tees up vote on impeaching Mayorkas over border crisis

Posted on by Latest Political News on Fox News

House Republicans are moving toward a chamber-wide vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas over the border crisis.

A Cabinet secretary has not been impeached since 1876.

Mayorkas is facing two impeachment articles, one that accuses him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Those articles passed out of the House Rules Committee on a party-line 8-4 vote Monday evening. That sets up a procedural rule vote that, if passed, will be followed by a House floor debate and then a final impeachment vote.

Three sources told Fox News Digital on Monday afternoon that they expect that vote to come Tuesday.

BORDER NUMBERS FOR DECEMBER BREAK MONTHLY RECORD, AS BIDEN ADMIN TALKS AMNESTY WITH MEXICO

House GOP leaders have accused Mayorkas of willfully disregarding existing federal laws and making deliberate policy decisions that have made the crisis at the U.S.-Mexico border worse.

Democrats, meanwhile, have painted Republicans’ impeachment push as political and argued the impeachment articles have no basis.

ILLEGAL MIGRANT FLIPS MIDDLE FINGERS AFTER BEING CHARGED WITH ATTACKING NYPD IN TIMES SQUARE

But the effort has served to largely unite what’s been a very divided House GOP conference this term. Even moderates from districts where President Biden won in 2020, like Rep. Don Bacon, R-Neb., have said they’d support Mayorkas’ impeachment.

It’s a good sign for Speaker Mike Johnson, R-La., who will need every Republican vote he can get to pass the historic measure. He’s presiding over a razor-thin House GOP majority, but the expected returns this week of Majority Leader Steve Scalise, R-La., and Rep. Hal Rogers, R-Ky., from medical absences will give him slightly more wiggle room.

At least one House Republican is against the impeachment push so far, while at least four more were undecided as of late last week. 

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

Rep. Ken Buck, R-Colo., told reporters last week that he was a "solid" no against impeaching Mayorkas. Buck criticized the Biden official for his handling of the southern border crisis but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense."

Mayorkas himself slammed the impeachment articles as baseless accusations in a letter to House Homeland Security Secretary Mark Green, R-Tenn., last week.

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

The impeachment proceedings will be a stark juxtaposition to Senate leaders' efforts to pass a bipartisan border security deal this week, talks which Mayorkas has been a part of.

House tees up vote on impeaching Mayorkas over border crisis

Posted on by Latest Political News on Fox News

House Republicans are moving toward a chamber-wide vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas over the border crisis.

A Cabinet secretary has not been impeached since 1876.

Mayorkas is facing two impeachment articles, one that accuses him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Those articles passed out of the House Rules Committee on a party-line 8-4 vote Monday evening. That sets up a procedural rule vote that, if passed, will be followed by a House floor debate and then a final impeachment vote.

Three sources told Fox News Digital on Monday afternoon that they expect that vote to come Tuesday.

BORDER NUMBERS FOR DECEMBER BREAK MONTHLY RECORD, AS BIDEN ADMIN TALKS AMNESTY WITH MEXICO

House GOP leaders have accused Mayorkas of willfully disregarding existing federal laws and making deliberate policy decisions that have made the crisis at the U.S.-Mexico border worse.

Democrats, meanwhile, have painted Republicans’ impeachment push as political and argued the impeachment articles have no basis.

ILLEGAL MIGRANT FLIPS MIDDLE FINGERS AFTER BEING CHARGED WITH ATTACKING NYPD IN TIMES SQUARE

But the effort has served to largely unite what’s been a very divided House GOP conference this term. Even moderates from districts where President Biden won in 2020, like Rep. Don Bacon, R-Neb., have said they’d support Mayorkas’ impeachment.

It’s a good sign for Speaker Mike Johnson, R-La., who will need every Republican vote he can get to pass the historic measure. He’s presiding over a razor-thin House GOP majority, but the expected returns this week of Majority Leader Steve Scalise, R-La., and Rep. Hal Rogers, R-Ky., from medical absences will give him slightly more wiggle room.

At least one House Republican is against the impeachment push so far, while at least four more were undecided as of late last week. 

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

Rep. Ken Buck, R-Colo., told reporters last week that he was a "solid" no against impeaching Mayorkas. Buck criticized the Biden official for his handling of the southern border crisis but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense."

Mayorkas himself slammed the impeachment articles as baseless accusations in a letter to House Homeland Security Secretary Mark Green, R-Tenn., last week.

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

The impeachment proceedings will be a stark juxtaposition to Senate leaders' efforts to pass a bipartisan border security deal this week, talks which Mayorkas has been a part of.

House GOP leaders smack down bipartisan Senate border deal as Republican support crumbles

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House GOP leaders are formally announcing their opposition to the bipartisan border security deal revealed by the Senate on Sunday.

Republican support for the measure has been dissipating by the hour as more high-profile GOP lawmakers add their voices to the chorus of criticism.

"House Republicans oppose the Senate immigration bill because it fails in every policy area needed to secure our border and would actually incentivize more illegal immigration," Speaker Mike Johnson, R-La.; Majority Leader Steve Scalise, R-La.; Majority Whip Tom Emmer, R-Minn., and GOP Conference Chair Elise Stefanik, R-N.Y., said in a joint statement Monday.

"Among its many flaws, the bill expands work authorizations for illegal aliens while failing to include critical asylum reforms. Even worse, its language allowing illegals to be ‘released from physical custody’ would effectively endorse the Biden ‘catch and release’ policy."

SENATE RELEASES LONG-AWAITED BORDER LEGISLATION, MAJOR ASYLUM CHANGES

They also claimed the bill gave too much authority to Homeland Security Secretary Alejandro Mayorkas, who House Republicans aim to impeach this week.

"The so-called ‘shutdown’ authority in the bill is anything but, riddled with loopholes that grant far too much discretionary authority to Secretary Alejandro Mayorkas – who has proven he will exploit every measure possible, in defiance of the law, to keep the border open," House leadership said. "The bill also fails to adequately stop the President’s abuse of parole authority and provides for taxpayer funds to fly and house illegal immigrants in hotels through the FEMA Shelter and Services Program."

They reiterated prior calls for the Senate to take up H.R.2, the border security bill House Republicans passed last summer. Senate Majority Leader Chuck Schumer, D-N.Y., has panned that bill as a nonstarter.

"That bill contains the necessary components to actually stem the flow of illegals and end the present crisis. The Senate must take it up immediately. America’s sovereignty is at stake," the Republicans said.

MAYORKAS SLAMS ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE 

"Any consideration of this Senate bill in its current form is a waste of time. It is DEAD on arrival in the House. We encourage the U.S. Senate to reject it."

The 370-page border and security supplemental funding bill would, if passed, grant President Biden the authority to temporarily shut down the border. It would also raise the threshold for migrants to claim asylum while also speeding up the process by which those claims are adjudicated.

The bill also includes a total of 250,000 new visas over five years and a legal pathway to citizenship for Afghans who fled to the U.S. when Kabul fell to the Taliban.

But many Republican lawmakers are saying that it does not go far enough to secure the border, citing the record-shattering number of migrants encountered at the southern border since 2021. 

SEN. MARSHALL URGES GOP TO SAY 'HELL NO' TO SUPPLEMENTAL FUNDING REQUEST WITHOUT TIGHTER BORDER SECURITY

Several key GOP lawmakers have come out against the bill since the text was revealed Sunday, potentially putting its passage in peril.

That includes Sen. Steve Daines, R-Mont., chairman of House Republicans' campaign arm and a member of Senate GOP leadership, who said on Monday, "With House Republicans united in opposition to this bill, it makes no sense to even bring it up in the Senate…I will vote no when the bill is brought to the Senate floor this week."

At least a dozen GOP senators are also publicly opposed to the bill, which Schumer said will get a vote this week.

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

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

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

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

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

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

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

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

But it’s more complicated than that. 

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

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

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

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

HESITANT REPUBLICANS COULD DERAIL MAYORKAS IMPEACHMENT EFFORT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Senate could so something similar this time. 

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

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

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

Hesitant Republicans could derail Mayorkas impeachment effort

Posted on by Latest Political News on Fox News

House GOP leaders are closely watching a few Republican lawmakers ahead of their expected vote on whether to impeach Homeland Security Secretary Alejandro Mayorkas next week.

With just a razor-thin majority and all Democrats likely to oppose the measure, Republicans will have to be in near lock-step to pass what would be a historic vote. A Cabinet official has not been impeached since 1876.

Rep. Ken Buck, R-Colo., told reporters on Thursday morning that he is a "solid" no on impeaching Mayorkas. 

He criticized the Biden official for his handling of the southern border crisis, but said, "The people that I’m talking to on the outside, the constitutional experts, former members agree that this just isn’t an impeachable offense." 

MAYORKAS SLAMS ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE 

At least four other Republicans are still undecided, at least publicly. 

The office of Rep. David Joyce, R-Ohio, leader of the moderate Republican Governance Group, told Fox News Digital on Friday that he "has met with Chairman Green and is reviewing the material that they have provided."

House Financial Services Chair Patrick McHenry, R-N.C., has not told reporters how he would vote. Reps. Dan Newhouse, R-Wash., and Tom McClintock, R-Calif., also declined to say which way they were leaning earlier this week.

Fox News Digital reached out to McHenry, Newhouse and McClintock's offices for an update but did not immediately hear back.

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

House Speaker Mike Johnson, R-La., has been dealing with one of the thinnest House majorities in history over the last several weeks. With absences on the GOP side and the departures of three former lawmakers, Johnson has been walking a tightrope of just a two-seat majority.

However, he got some breathing room recently with longtime Democratic Rep. Brian Higgins, D-N.Y., resigning, effective Friday. 

Majority Leader Steve Scalise, R-La., who was receiving treatment linked to his cancer diagnosis, and Rep. Hal Rogers, R-Ky., who has been recovering from a car accident, are expected back in the House soon as well.

It would be a massive blow to the House GOP's emphasis on the border crisis if the Mayorkas impeachment were to fail in the House.

KEY REPUBLICAN COMES OUT IN FAVOR OF IMPEACHING MAYORKAS, SAYS HE SHOULD BE 'TRIED FOR TREASON'

House Republicans are pushing to impeach Mayorkas over accusations of willfully disregarding the law to allow the migrant crisis to foment.

The effort has received support from the vast majority of House Republicans. Rep. Don Bacon, R-Neb., a key moderate who was also on the fence about impeaching the Cabinet secretary, told reporters earlier this week that he'd back it as well.

"I intend to," Bacon said when asked about it on Tuesday. "Because we have a disaster at the border. And I would say there's so many laws on the books that he could enact or enforce, and he does not."

House Oversight, Judiciary to hear testimony from another Biden family biz associate amid impeachment inquiry

Posted on by Latest Political News on Fox News

The House Oversight and Judiciary committees are expected to hear testimony from another Biden family business associate Thursday.

Joey Langston is expected to appear before the committees Thursday morning on Capitol Hill for a closed-door, transcribed interview.

Langston is said to have hosted fundraisers for Joe Biden and donated thousands to his political campaigns.

The House Oversight Committee says Langston pleaded guilty in 2008 to participating in a conspiracy to attempt to influence a judge by providing the judge with "favorable consideration" for a federal judgeship. Langston was sentenced to three years in federal prison and fined $250,000. 

ERIC SCHWERIN 'NOT AWARE' OF JOE BIDEN ROLE IN HUNTER'S BIZ; EX-ASSOCIATE BLASTS 'CAREFULLY WORDED' TESTIMONY

The Mississippi state bar then disbarred him from practicing law. And, in 2016, a federal judge denied his requests to have his "conviction for conspiring to bribe a judge thrown out" and to have his "record cleared." 

But the House Oversight Committee says it obtained bank records revealing that after Langston lost his appeal, his company, Langston Law Firm Consulting Inc., began making payments, totaling more than $200,000, to James and Sara Biden directly, and to their entity, Lion Hall Group.

The committee says it is "interested in the nature and purpose of these payments, which totaled $187,000 while Joe Biden was serving as vice president."

HUNTER BIDEN BUSINESS ASSOCIATE ROB WALKER SAYS JOE BIDEN WAS 'NEVER INVOLVED' IN BUSINESS DEALINGS

House Republicans hope the witnesses can provide information on whether, among other things, Joe Biden, as vice president and/or president, "took any official action or effected any change in government policy because of money or other things of value provided to himself or his family, including whether concerns that Chinese sources may release additional evidence about their business relationships with the Biden family have had any impact on official acts performed by President Biden or U.S. foreign policy; abused his office of public trust by providing foreign interests with access to him and his office in exchange for payments to his family or him; or abused his office of public trust by knowingly participating in a scheme to enrich himself or his family by giving foreign interests the impression that they would receive access to him and his office in exchange for payments to his family or him."

DEMOCRATS BLAST IMPEACHMENT INQUIRY AFTER GOP WITNESS SAYS HE WAS 'UNAWARE' OF JOE BIDEN'S ROLE IN FAMILY BIZ

Langston’s testimony comes after Hunter Biden business associates like Eric Schwerin, Rob Walker and Mervyn Yan all appeared for their own transcribed interviews before the committee. Their testimony was sought by House Republicans as part of the House impeachment inquiry against President Biden.

So far, Yan, Walker and Schwerin have testified that they were not aware of any involvement President Biden had in his son’s business dealings.

Langston’s expected testimony comes ahead of a deposition of President Biden’s brother, James Biden’s, which is scheduled for Feb. 21. The committees subpoenaed Biden last year.

Hunter Biden defied his subpoena to appear for a deposition Dec. 13 and was at risk of being held in contempt of Congress.

His attorneys and the committees came to an agreement earlier this month that the first son will appear for a closed-door deposition Feb. 28.

Freedom Caucus chair probes military’s effort to ‘rewrite our nation’s history’ with Naming Commission

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FIRST ON FOX: House Freedom Caucus Chairman Bob Good, R-Va., is going after the group tasked with scrubbing references to the Confederacy from the U.S. military, accusing the Pentagon of trying to "rewrite" history.

In letters to Defense Secretary Lloyd Austin and House Oversight Chairman James Comer, R-Ky., sent on Wednesday, Good took issue with the recent removal of the Reconciliation Monument, a Confederate memorial, from Arlington National Cemetery.

"We write regarding the recent implementation of the Naming Commission’s recommendation to remove Arlington National Cemetery’s ‘Reconciliation Monument.’ We are concerned about this removal and the broader efforts by the commission to rewrite our nation’s history," Good wrote.

GOP LAWMAKERS DEMAND PENTAGON STOP REMOVAL OF CONFEDERATE MEMORIAL IN ARLINGTON NATIONAL CEMETERY

He said in the letter to Austin, "Efforts to remove statues and memorials like this encourage an endless cycle of renaming institutions, buildings, and cities across the country under the destructive ruse of political wokeness."

"Historical sites are healthy environments to observe varied perspectives of historical events, engage diverse viewpoints, and inspire robust conversation as we remember our nation’s history," Good added.

US MILITARY CARRIES OUT AIRSTRIKES ON FACILITIES IN SYRIA OPERATED BY IRANIAN-BACKED FORCES

Good asked Comer’s Oversight Committee to hold a hearing on the Naming Commission and request that the panel hand over any relevant documents. 

In his letter to Austin, Good asked him to compile all relevant documents and correspondence with the Naming Commission, including memos to private entities and the White House.

The Reconciliation Monument was slated for removal by the Pentagon’s Naming Commission, a panel tasked with renaming and removing military installations named after the Confederacy in the wake of the summer 2020 Black Lives Matter protests. 

WREATHS ACROSS AMERICA DRIVER AND NATIONAL GUARD MEMBER IS ‘HONORED’ TO TAKE PART IN HOLIDAY MISSION

The memorial was unveiled in 1914 by then-President Wilson after being commissioned by the United Daughters of the Confederacy. Congress had authorized the reinterment of Confederate remains to Arlington National Cemetery just 14 years prior.

Virginia Gov. Glenn Youngkin had asked for it to be moved to the Virginia Military Institute, according to reports from late last year.

Its removal was challenged in court, but a judge ultimately cleared the way for it to be taken down in late December.