House Republicans negotiate with president’s brother on deposition terms

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

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

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

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

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

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

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

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

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

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

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

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

‘Sense of hopelessness’: Michael McCaul sounds alarm on border patrol mental health crisis

MCALLEN, Texas — House Foreign Affairs Committee Chair Mike McCaul said he’s "profoundly" alarmed at the impact the ongoing border crisis is having on Customs and Border Patrol (CBP) agents’ mental health. 

The senior Republican spoke to Fox News Digital in the border city of McAllen, Texas, a bipartisan congressional delegation met with border and immigration officials while also touring facilities where migrants are brought and their asylum claims processed.

McCaul said the state of the border is "just worse" each time he’s seen it.

"Every time I come down here, it gets worse; the lack of detention space, the human tragedy you see here; what the Border Patrol has to deal with every day, day in and day out, looking at these migrants that are pouring in; this sense of hopelessness, that it won't stop," the Texas Republican said.

REPUBLICANS, DEMS SPAR AT MAYORKAS IMPEACHMENT HEARING AS STATE AGS DESCRIBE IMPACT OF MIGRANT CRISIS

"Profoundly, I worry about the mental health of our border patrol. The suicide rate is going up. They don't have the proper resources."

Seventeen CBP agents died by suicide in 2022 alone, Chris Cabrera, vice president of the National Border Patrol Council, told Congress in March 2023. That’s the highest number since CBP began tracking it in 2007. There were 19,357 CPB agents on the job in 2022.

Since then, the number of migrant encounters at the border has continued to see historic highs, most recently this past December, while CBP has struggled somewhat to replenish its retiring forces.

REPUBLICANS MOVE FORWARD WITH MAYORKAS IMPEACHMENT AMID EMOTIONAL TESTIMONY: DEMS DECRY ‘MAGA SPECTACLE’

McCaul said the cartels on the other side of the border that are bringing a constant flow of drug and human trafficking are better equipped, in some ways, than the federal officials patrolling on the U.S. side.

"For instance, we only have 20 drones here in the Rio Grande Valley sector, and the cartels are way out numbering us. And that's just eyes and ears on the ground," McCaul said. "So, we're not equipping them. But most importantly, more than money, is just the lack of policy."

Cabrera spoke to the media during his recent border visit, describing what he said were regular instances of officers getting overwhelmed.

MEXICAN SOLDIERS FIND FACTORY PRODUCING DRONE BOMBS, GRENADE LAUNCHERS, FAKE MILITARY UNIFORMS

"There’s times when you’re out there, two, three agents, and you’ll have 100 people there," he said.

"But then you also have the medical emergencies: pregnant women, dehydration, kids with illnesses, people that have broken legs along the journey. And then we have people that fall off the wall. So, while we’re dealing with two, three hundred people, or 50 people, you’re also having to deal with medical emergencies and issues like that."

Experts bash White House claims of shrouding Hunter Biden’s art buyers: ‘Proved as abstract’ as his art

Top legal and ethical experts weighed in on art gallerist Georges Bergès' revelation of Hunter Biden's knowledge of his art buyers, saying the American people were "misled."

Fox News Digital reached out to several legal and ethical experts on Bergès' revelation during his closed-door, transcribed interview with the House Judiciary and Oversight Committees earlier this month.

Bergès told the committees that an agreement to shield the knowledge of Hunter Biden's buyers from him was not put in place for months after the White House's statement that a "system" had been "established" to do so.

HUNTER BIDEN KNEW 70% OF ART BUYERS, CONTRADICTING WHITE HOUSE NARRATIVE ON ‘ANONYMOUS' COLLECTORS: GALLERIST

Hunter Biden's gallerist said that the first son knew the identities of approximately 70% of those buyers.

"The White House effort was the ultimate example of closing the barn door after the horse has bolted," George Washington University law professor and Fox News contributor Jonathan Turley told Fox News Digital.

"The clear message given repeatedly to Congress and the public was that an ethical plan was in place to prevent such knowledge," he continued.

"The ethical claims of the White House proved as abstract as Hunter's art pieces," Turley said. "In reality, the breach had occurred long before the ethical plan was implemented."

"The testimony that Bergès did not have interactions with the White House on the plan further undermines these claims. Indeed, Bergès admitted that he was reading these statements from the White House with no knowledge of what they were referencing. Yet, Bergès and the Bidens proceeded knowing that the public was being misled."

Former Bush administration ethics chief Richard Painter told Fox News Digital that the White House's "whole arrangement of keeping the buyers secret was completely the wrong way to go."

Painter said the White House "should have had nothing to do" with Bergès, and that the "best approach" for Hunter Biden would have been to "not sell the art at all during his father's presidency and certainly not sell it at those prices."

"The worst option is what they chose, which is to keep it all, to say it's all going to be confidential, and Hunter Biden won't know and nobody will know," Painter said. "And this is exactly what I said happens, is that the word gets around."

"Of course you find out who bought the art," Painter continued. "People hang the art on the wall."

"They don't stick it in closet," he added.

Attorney Sol Weisenberg said that we "don’t know right now the full ethical implications, if any, of this latest White House falsehood regarding Hunter Biden’s special privileges and ethical/legal lapses."

"It is simply another example of the Biden family’s leisurely approach to influence peddling," Weisenberg said. "As a citizen, I would rather know who is buying the paintings and how much they are paying than operating under the false illusion that Hunter and the family are being kept in the dark about the source of this latest largesse."

Fox News Digital reached out to Bergès and the White House for comment.

Bergès' interview with the committees came as part of the House Republicans' impeachment inquiry into President Biden.

House investigators, during his interview, showed Bergès a statement made by then-White House press secretary Jen Psaki on July 9, 2021.

"After careful consideration, a system has been established that allows for Hunter Biden to work in his profession within reasonable safeguards," she said. "All interactions regarding the selling of art and the setting of prices will be handled by professional galleries, adhering to the highest industry standards. Any offer out of the normal court would be rejected out of hand."

Psaki added, "The galleries will not share information about buyers or prospective buyers, including their identities, with Hunter Biden or the administration, which provides quite a level of protection."

When pressed further, Psaki stressed that "it would be challenging for an anonymous person who we don’t know and Hunter Biden doesn’t know to have influence — so that’s a protection." 

However, Bergès testified that at the time of the White House’s July 2021 statement, he had an agreement with Hunter Biden which called for him, instead, "to disclose to Hunter Biden who the purchasers of his art were." Bergès said that contract was agreed to in December 2020. 

Bergès said that it was not until September 2021 that a new agreement with Hunter Biden was created. That agreement stated that "the gallery will not disclose the name of any buyers of artist’s artwork to artist or any agent of artist."

Bergès stressed, though, that there was not a "White House-involved agreement," and that Hunter Biden did know the identities of approximately 70% of the buyers of his art. Meanwhile, Bergès testified that he had spoken to President Biden both on the phone and in person.

The art gallerist previously told Fox News Digital he "never violated the agreement we had with Hunter Biden."

"If he knew the identities of some of the buyers — it’s because they were his friends or by happenstance," Bergès said. "My obligation to Hunter is to not disclose the buyers — which I haven’t." 

Fox News Digital's Brooke Singman contributed reporting.

Hunter Biden’s art dealer lashes out after testimony, says Congress is where ‘real’ influence peddling happens

EXCLUSIVE: Hunter Biden's New York City art dealer lashed out in defense of the first son following his closed-door deposition before the House Oversight Committee last week, arguing the halls of Congress was where the "real" influence peddling happens.

In an email to Fox News Digital, Georges Bergès, owner of the Georges Bergès Art Gallery in Manhattan that showcases Biden's paintings, decried the focus on his business as part of the impeachment inquiry into President Biden, all "while the pigs are at the trough in Washington, D.C."

"Broadly speaking, if the issue is selling influence — then no one needs to look outside Washington, D.C., as there are plenty of lobbyist[s] advertising all the influence they have for sale on K street," Bergès wrote. 

ART DEALER REVEALS HUNTER BIDEN KNEW "SUGAR BROTHER" WAS TOP BUYER, MAKING WH ETHICS PLEDGE A ‘SHAM’: COMER

"If the issue is fear of family members of powerful politicians leveraging their ties for personal gain, then ban former congressm[e]n and their relatives from ever becoming lobbyists, but that’s never going to happen because that’s where the real peddling is happening," he wrote.

"So they want us to focus on the gallery in [New York City] while the pigs are at the trough in Washington D.C.," he added.

Bergès also told Fox that he never violated the agreement his gallery had with Hunter in which he would conceal his buyers' identities to avoid ethical problems for the presidential family selling potentially high-value items.

HOUSE RULES PANEL PAUSES CONSIDERATION OF HUNTER BIDEN CONTEMPT AMID NEGOTIATIONS FOR NEW DEPOSITION DATE

"If [Hunter] knew the identities of some of the buyers — it’s because they were his friends or by happenstance," he wrote. "My obligation to Hunter is to not disclose the buyers — which I haven’t." 

The White House said in July 2021 that the "system" had been "established" to ensure the anonymity of Hunter's buyers' identities. But according to the transcript of his testimony, Bergès said that the agreement was not set up for several months following that statement and that the first son knew the identities of approximately 70% of those buyers.

Bergès’ testimony came after the House formalized the impeachment inquiry against Biden last month. It is being led by House Judiciary Committee Chairman Jim Jordan, Oversight Committee Chairman James Comer and Ways & Means Committee Chairman Jason Smith.

Fox News' Brooke Singman contributed to this report.

Comer, Jordan to issue new subpoena for Hunter Biden as deposition talks reignite

House Republicans signaled they would subpoena Hunter Biden again in the near future after the president’s son opened the door to a deposition with impeachment investigators. 

House Oversight Committee Chairman James Comer, R-Ky., and House Judiciary Chairman Jim Jordan, R-Ohio, sent a letter to Hunter Biden’s lawyer Abbe Lowell over the weekend stating that they would be willing to subpoena him a second time if that meant his cooperation in their probe.

"The committees welcome Mr. Biden’s newfound willingness to testify in a deposition setting under subpoena," the letter said. 

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW' BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

"Although the Committee’s subpoenas are lawful and remain legally enforceable, as an accommodation to Mr. Biden and at your request, we are prepared to issue subpoenas compelling Mr. Biden’s appearance at a deposition on a new date in the coming weeks."

It comes as House Republicans prepare a chamber-wide vote on holding Hunter Biden in contempt of Congress for skipping out on an earlier subpoena for a closed-door deposition.

But a source familiar with discussions told Fox News Digital that Comer could recommend pumping the breaks on that contempt vote if Hunter Biden and his lawyers genuinely cooperate and work out a make-up deposition date.

HOUSE RULES COMMITTEE TO CONSIDER HUNTER BIDEN CONTEMPT RESOLUTIONS NEXT WEEK, SETTING UP FLOOR VOTE

Lowell wrote to the committee chairs on Friday arguing that the initial subpoena was invalid because it was issued before the House voted to formally authorize its impeachment inquiry last month.

"If you issue a new proper subpoena, now that there is a duly authorized impeachment inquiry, Mr. Biden will comply for a hearing or deposition," Lowell’s letter said. "We will accept such a subpoena on Mr. Biden's behalf."

HOUSE COMMITTEES FORMALLY RECOMMEND TO HOLD HUNTER BIDEN IN CONTEMPT OF CONGRESS

Hunter Biden and his lawyers had offered to come in for a public hearing, something the GOP committee chairs said they would be open to after a closed-door session had taken place.

Instead, he opted to make a surprise appearance outside the U.S. Capitol on the morning of his scheduled deposition, criticizing Republicans and their probe.

"They’ve invaded my privacy, attacked my wife and children," Hunter Biden said at the time. "Tried to dehumanize me and embarrass and damage my father."

He again made a surprise visit to the Capitol last week as the House Oversight Committee met to advance his contempt resolution.

Key moderate Republican comes out in favor of impeaching Mayorkas, says he should be ‘tried for treason’

EXCLUSIVE: A key moderate Republican lawmaker is coming out in support of impeaching Homeland Security Secretary Alejandro Mayorkas, bringing House GOP leaders one step closer to unifying their conference on the issue.

Rep. John James, R-Mich., who represents a swing district that former President Donald Trump won by just 1% in 2020, told Fox News Digital that not only should Mayorkas be impeached but tried for treason as well.

"Secretary Mayorkas must be impeached and tried for treason," he said. 

"Evidence will prove that Mayorkas’ sustained and willful betrayal of the public trust makes him an accessory to the poisoning of millions of Americans, complicit in a modern-day slave trade and so derelict in his duty to secure the homeland that it crosses unequivocally into the realm of high crimes and misdemeanors."

TEXAS SEIZES CONTROL OF PARK, BLOCKS BORDER PATROL FROM ENTERING, AS PART OF ANTI-ILLEGAL IMMIGRATION EFFORTS

House Republicans kicked off the process to impeach Mayorkas last week when the Homeland Security Committee held its first hearing into the matter on Wednesday. 

Democrats have decried the move as political, while Republicans have accused Mayorkas of being responsible for the migrant crisis at the southern border. The number of encounters at the U.S.-Mexico border broke 300,000 for the month of December, shattering records.

BIDEN LAWSUIT OVER TEXAS IMMIGRATION LAW LATEST ATTEMPT TO STIFLE STATE'S MOVES TO STOP ILLEGAL IMMIGRATION

Any future House floor vote on impeachment will likely not get any support from the left. For GOP leadership, that means bringing together a Republican conference that has been highly fractured for much of this term and getting moderates like James on board.

Under the current circumstances, House GOP leaders cannot lose more than two votes to still pass anything along party lines. 

James was among more than 60 House Republicans who visited the border at the start of this month.

"I believe that legal immigration is an economic and moral imperative for this nation. But we're talking about border security right now," he told reporters on a press call afterward.

BIDEN DOJ SEEKS SUPREME COURT INTERVENTION OVER TEXAS RAZOR WIRE AT SOUTHERN BORDER

"We have Border Patrol agents that are underfunded, that are underappreciated, and they're at their wit's end. And part of the only reason they're still sticking around is because if they leave, they feel like they're leaving their buddies behind. That resonates with me… as a former military member."

James also discussed the toll of human trafficking by smugglers taking people across the border illegally.

"These are human beings we’re talking about. These are men and women. These are children," he said. "These are God's creatures, who are being herded like cattle, like chattel, like, like animals, by these coyotes. And they're being bought and sold to the tune of $32 million per week just in the Del Rio sector."

Republicans have blamed the Biden administration for fueling the crisis by rolling back Trump-era border policies. 

House conservatives are currently pushing to bring many of them back via their own border security bill, known as H.R.2.

Meanwhile, talks are ongoing in the Senate to cobble together a border security deal — talks which Mayorkas has been part of.

Asked for comment on Republicans' impeachment push, a DHS spokesperson told Fox News Digital in a memo, "After decades of Congressional inaction on our broken immigration laws, Secretary Mayorkas and a bipartisan group of Senators are working hard to try and find real solutions to address these challenges. Instead of working in a bipartisan way to fix our broken immigration laws, the House Majority is wasting time on baseless and pointless political attacks by trying to impeach Secretary Mayorkas."

The memo also pointed out that Republican lawmakers have fundraised off the Mayorkas impeachment push and the rhetoric around it, and that some in the GOP have decried it as a waste of time.

Rep. Rosendale vows to restore Trump-era policies with immigration package: ‘Biden is destroying our country’

FIRST ON FOX: Rep. Matt Rosendale, R-Mont., on Friday introduced a broad immigration package that includes measures to "shut down the border" and reverse key Biden-era policies that Republicans blame for the historic crisis at the southern border.

The package introduces or reintroduces five bills that would limit entries into the U.S., restore Trump policies that Republicans have credited for slowing illegal immigration and limit the effects of immigration on the U.S.

The "Remain in Mexico Act" would restore the Trump-era policy of the same name that kept migrants in Mexico as they waited for their asylum hearings rather than being released into the U.S. 

Supporters of the program said it stopped a key pull factor drawing migrants to the border but was shut down by the Biden administration, which called it ineffective and inhumane.

HOUSE OVERSIGHT COMMITTEE TO HOLD HEARING ON BIDEN ADMIN ‘EFFORTS TO UNDERMINE’ IMMIGRATION LAW 

Another bill in the package would make it a federal crime to flee from law enforcement at checkpoints, changing current law that only makes it illegal to do so in a vehicle at high speed.

Meanwhile, the American Worker Protection Act is focused on legal immigration and would codify a Trump-era rule regarding H-1B visas, a controversial guest worker program used predominantly by Big Tech

REPUBLICANS, DEMS SPAR AT MAYORKAS IMPEACHMENT HEARING AS STATE AGS DESCRIBE IMPACT OF MIGRANT CRISIS 

The rule, an effort to prevent American workers from being replaced by cheaper foreign competitors, would have changed the methodology for the wage level that must be met by those seeking to bring in foreign workers instead of the current lottery system. That rule was scrapped by the Biden administration. 

Rosendale’s Mass Immigration Reduction Act would also create a moratorium on most immigration for five years, and it would only be lifted once the number of illegal crossings is under 10,000 a year. In fiscal 2023, there were more than 2.4 million such crossings. A version of that bill was first introduced in the early 2000s.

Finally, the Count Only Citizens Act would require the Census Bureau to include a citizenship and legal presence question in the census so that illegal immigrants are not counted for the purposes of congressional representation. President Trump had pushed for a similar move, but it was unsuccessful.

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES 

"Biden is destroying our country with his open border policies," Rosendale said in a statement. "My immigration bills will set the proper mechanisms in place to shut down the border, give DHS the tools to pursue criminals evading border checkpoints, encourage American companies to hire American employees, protect taxpayer dollars by only counting citizens in the census and require those waiting on an immigration hearing to wait in Mexico.

"This package puts into statute the many successful policies that President Trump implemented and will not only tackle the crisis head on, but it will also reverse the reckless, crime-encouraging, open-border policies of the Biden administration."

The package is the latest effort by Republicans to tackle the ongoing crisis at the southern border. Republicans have blamed the Biden administration for rolling back Trump-era policies and expanding releases into the U.S. interior.

The administration says it is dealing with a Hemisphere-wide crisis and needs more funding and comprehensive immigration reform — including greater legal immigration and an amnesty for illegal immigrants — from Congress.

But Republicans instead have eyed more restrictions on asylum and releases as part of any supplemental funding deal and, as Rosendale’s bill package shows, there is an appetite among some members for placing some restrictions on legal immigration as well.

Hunter Biden lawyers say they will ‘comply for a hearing or deposition’ if House panels issue new subpoena

FIRST ON FOX: Hunter Biden's attorney Abbe Lowell told the House Oversight and House Judiciary Committees on Friday that if a new subpoena is issued under the "duly authorized impeachment inquiry," the first son "will comply for a hearing or deposition." 

The House Oversight and Judiciary Committees this week formally recommended to hold Hunter Biden in contempt of Congress, after he defied congressional subpoenas for a closed-door deposition as part of the House impeachment inquiry against President Biden. 

HOUSE RULES COMMITTEE TO CONSIDER HUNTER BIDEN CONTEMPT RESOLUTIONS NEXT WEEK, SETTING UP FLOOR VOTE

But Lowell penned a letter to the committees on Friday, saying the initial subpoenas were "legally invalid" as they were issued before the full House of Representatives voted to formalize the impeachment inquiry against the president. 

"If you issue a new proper subpoena, now that there is a duly authorized impeachment inquiry, Mr. Biden will comply for a hearing or deposition," Lowell wrote. "We will accept such a subpoena on Mr. Biden's behalf." 

Lowell's offer comes ahead of a House Rules Committee meeting on Tuesday, Jan. 16, where lawmakers will prepare a contempt of Congress resolution. Once prepared, it will set up a full floor vote on whether to recommend the first son for prosecution on the matter. 

Sources told Fox News Digital a full House vote on the matter could come as early as Wednesday. 

Lowell, in a footnote, states that "Rep. Glenn Ivey suggested a procedure for a hybrid process-a public deposition; hearing with alternating rounds of questions for Republicans and Democrats, and with similar rules (e.g., role of counsel in questioning), as is done in a closed-door deposition." 

HOUSE COMMITTEES FORMALLY RECOMMEND TO HOLD HUNTER BIDEN IN CONTEMPT OF CONGRESS

"Four Republicans actually voted in committee in support of this process," the footnote states. "Perhaps that could be the basis for our discussion." 

Hunter Biden made a surprise appearance at the House Oversight Committee markup with his attorneys Abbe Lowell and Kevin Morris. Biden and his attorneys ultimately left the markup session before the vote on the resolution. 

Hunter Biden, ahead of his subpoenaed deposition on Dec. 13, had offered to testify publicly. House Oversight Committee Chairman James Comer, R-Ky., and Judiciary Committee Chairman Jim Jordan, R-Ohio, rejected his request, stressing that the first son would not have special treatment and pointed to the dozens of other witnesses who have appeared, as compelled, for their interviews and depositions. Comer and Jordan vowed to release the transcript of Hunter Biden’s deposition.

The first son, though, defied the subpoena, ignored the offer and delivered a public statement outside the Capitol. At the time, he said his father "was not financially involved in my business." 

Comer said Wednesday that Hunter Biden "blantantly defied two lawful subpoenas." 

Comer said "Hunter Biden’s willful refusal to comply with the committees’ subpoenas is a criminal act" that "constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution as prescribed by law."

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW' BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

"We will not provide Hunter Biden with special treatment because of his last name," Comer said. "All Americans must be treated equally under the law. And that includes the Bidens." 

Lowell's offer also comes after Hunter Biden on Thursday pleaded not guilty to all federal tax charges stemming from Special Counsel David Weiss's investigation. Hunter Biden also pleaded not guilty in September to all federal gun charges from Weiss' probe. 

Meanwhile, the White House refused to answer questions on whether it was told in advance that Hunter Biden would attend the House Oversight's markup session on Wednesday. 

"So here's what I'll say. And I've said this many times before: Hunter, as you all know, as a private citizen, he's not a member of this White House," White House press secretary Karine Jean-Pierre said. "He makes his own decisions, like he did today about how to respond to Congress."

She went on to refer "any further questions, any additional questions about this process" to Hunter Biden’s attorneys.

When pressed again on whether the White House was informed in advance, Jean-Pierre said, "I don’t have anything — we don’t have anything else to share beyond that."

Last month, Comer and Jordan expanded their investigation to probe whether President Biden was involved in his son's "scheme" to defy his subpoena for deposition, which, they say, "could constitute an impeachable offense." 

WATCH: Nancy Mace shreds Hunter Biden for having ‘no balls’ after surprise visit derails House hearing

Hunter Biden's surprise appearance at a Wednesday House Oversight Committee hearing on Capitol Hill set off a firestorm of reaction among the committee's members, including Rep. Nancy Mace, R-S.C., who accused the president of having "no balls."

Biden, alongside his attorneys, unexpectedly showed up at the hearing as the committee was preparing to consider the resolution that, if passed, would set up a full House vote on whether to hold him in contempt of Congress for defying a congressional subpoena as part of the House impeachment inquiry against his father.

"My first question is who bribed Hunter Biden to be here today? That is my first question. Second question, you are the epitome of White privilege coming into the Oversight Committee, spitting in our face, ignoring a congressional subpoena to be deposed. What are you afraid of? You have no balls to come up here and –" Mace said before being interrupted by a Democrat on the committee.

HUNTER BIDEN MAKES SHOCKING APPEARANCE AT HIS OWN CONTEMPT HEARING

The hearing spiraled into a screaming match with Mace accusing Moskowitz of not allowing a woman on the committee to speak.

Once Committee Chairman James Comer, R-Ky., got the hearing back on track, Mace declared that Biden "should be arrested right here, right now, and go straight to jail."

"Our nation is founded on the rule of law and the premise that the law applies equally to everyone no matter what your last name is —" she added, before being interrupted by another Democrat objecting to her statement.

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW' BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

In a point of order, Rep. Andy Biggs, R-Ariz., then called on members of the committee to show respect by not interrupting each other before Comer called on Mace to continue.

"It does not matter who you are, or where you come from, or who your father is, or your last name. Yes, I'm looking at you Hunter Biden as I'm speaking to you. You are not above the law at all," Mace said.

She argued that Biden had no privilege to claim to avoid a subpoena to appear before the committee for testimony, and said his team didn't contest the reasons the subpoena was issued. She accused him of "refusing" to comply.

Mace noted that former President Donald Trump's sons previously appeared for subpoenas, and that Biden broke the law "deliberately" and "flagrantly" by ignoring his.

"The question the American people are asking us is what is Hunter Biden so afraid of? Why can’t you show up for a congressional deposition? You are here for a political stunt. This is just a PR stunt to you. This is just a game that you are playing with the American people. You are playing with the truth," she said. 

"Hunter Biden wasn’t afraid to sell access to Joe Biden to the highest bidder when he was in elected office. He wasn't afraid to trade on the Biden brand, peddle influence, and share the ill gotten gains with members of his family, including Joe Biden, he wasn't afraid to compromise the integrity of the presidency and vice presidency by involving Joe Biden in shady business deals with our foreign adversaries," she said. 

Mace said she believed Biden should be held in contempt, and that "he should be hauled off to jail right now." She then accused Democrats of "hypocrisy" regarding a subpoena for Biden versus past subpoenas for Republicans.

"It brings no joy for us to do this but the president’s son broke the law and must be held accountable in the same way anybody else would. I urge my colleagues on both sides of the aisle to do so," she said. 

"My last message to you, Hunter Biden: You play stupid games, you win stupid prizes," she added.

D’Esposito makes case for Mayorkas impeachment ahead of hearing, cites concern of ‘another terrorist attack’

Rep. Anthony D'Esposito, R-N.Y., made his case for Homeland Security Secretary Alejandro Mayorkas' impeachment, speaking to Fox News Digital ahead of a House committee hearing Wednesday, when attorneys general for Montana, Oklahoma and Missouri are expected to testify on how record numbers of migrants pouring into the U.S. pose a national security threat. 

D'Esposito, who sits on the House Homeland Security committee, told Fox News Digital that the hearing comes after a year of investigations, rejecting the argument of some Democrats, including that of Rep. Dan Goldman, D-N.Y., and others who claim the Republican-led Mayorkas impeachment probe is merely a "policy dispute" and is politically motivated. 

"This isn't something that was rushed into. It's not something that is politically motivated. This is something that, especially for me as someone who spent a career in the NYPD, most of it as an investigator, I am proud of the work that the Homeland Security Committee has done over the last 12 months," D'Esposito said. 

"This has become not a Democrat issue, not a Republican issue. This has become an issue for people who care about the safety of the United States of America," he continued. "This has become an issue for people who care about their quality of life. This is an issue about people who have watched the cities and places that they've grown up and loved and loved to visit become destroyed at the hands of Secretary Mayorkas."

MARSHALL BRINGS 'NO CONFIDENCE' RESOLUTION OF MAYORKAS TO SENATE FLOOR: 'DERELICT IN HIS DUTIES'

Fox News Digital reached out to the Department of Homeland Security for comment on D'Esposito's remarks, but they did not immediately respond.

During a presidential election year and amid heightened tensions in the Middle East, D'Esposito argued that the Mayorkas impeachment hearings are crucial to national security. 

"We've heard the numbers. You know, over 3 million people have come into this country since Joe Biden has taken office. We're estimating that there are hundreds of thousands of known gotaways. These are people that we know that have come across the southern border, we just don't know where they are, what they're doing, or who they're associating with," D'Esposito said. "Think about the number of individuals who have crossed that we don't know about." 

"There is no question that there are people that have come across this border that are on the known terror watch list that, again, we don't know where they are, we don't know where they're residing. We don't know who they're working with. We don't know the criminal enterprises that they are associating with," he said. "When you talk to local law enforcement agencies, whether it's in my district or across the country, from the smaller departments to the bigger ones, one of their biggest concerns is the national security threat that this migrant issue is plaguing on their jurisdiction. And it's not about, you know, if there's going to be another terrorist attack, unfortunately, it's about when there's going to be another terrorist attack." 

Wednesday's hearing, titled, "Havoc In The Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted The States," comes days after sources told Fox News that Mayorkas admitted during a private meeting with Border Patrol in Eagle Pass, Texas, on Monday that the current rate of release for illegal immigrants apprehended at the southern border is "above 85%." 

"Secretary Mayorkas' job is to keep our homeland safe and protect our homeland. And when you tell us that [more than] 80% of the people are just being released into the United States of America with really no plan of that process of asylum, that's a concern," D'Esposito said. "That is in addition to the other issues that are plaguing our country, whether it's China, whether it's Russia, whether it is the conflicts in the Middle East and the terrorist attacks that have been committed by Hamas against Israel and the Israeli people and our Jewish friends. I mean, this has become a time [when] it seems that it's combustible here. As the committee who was put into place after the terrorist attacks of Sept. 11, 2001, I mean, this committee was put into place for the purpose of protecting the United States of America and the people who live here against all enemies, foreign and domestic. And that's what we are doing." 

MAYORKAS IMPEACHMENT HEARING: STATE AGS TO TESTIFY ON IMPACT OF MIGRANT CRISIS, BIDEN-ERA POLICIES

Sources also told Fox News that between Dec. 1 and Dec, 31, 2023, more than 302,000 migrants were documented attempting to cross the U.S. southern border – representing the highest total for a single month ever recorded and also the first time that monthly migrant encounters have exceeded 300,000.

D'Esposito argued that the United States is "not as safe as it should be and is certainly less safe" because of Mayorkas "following the direction of the failed policies of Joe Biden." 

"Sometimes people are putting their lives in the hands of the cartels, the cartels who have actually the control of the southern border, not the American government, not Homeland Security, and certainly not Secretary Mayorkas," D'Esposito said, arguing that the last time Mayorkas appeared before the Homeland Security Committee, he tried to negotiate the definition of what it means to have operational control of the southern border but then turned around and admitted he has heard from U.S. Customs and Border Protection officials that there is no control.

"He's lying on behalf of the president," D’Esposito claimed. "We can look back at the last 50 years. Are there issues with immigration? Yeah, but we are breaking records in the administration of Joe Biden. We are breaking records under the reign of Secretary Mayorkas. And none of those records are ones that we want to set. They are ones of the most people coming across our southern border, the most known gotaways, the most people on the terror watch list." 

On Tuesday, Sen. Roger Marshall, R-Kan., went to the Senate floor calling for a vote of no confidence against Mayorkas for "negligence and gross mismanagement" of the southern border. Over the past three years, Marshall charged that 300,000 Americans have died "due to the drugs trafficked into our homeland" and the border crisis has cost American taxpayers $500 billion per year and "becomes more dangerous by the day, as terrorists, Chinese nationalists and over 1.7 million got-a-ways exploit our border at a rate higher than we’ve ever seen before."

As chair of the House Subcommittee on Emergency Management and Technology, D'Esposito said he has heard testimonies over the past 12 months about how detrimental the migrant influx has been to public safety, including fire service, law enforcement, prosecutors and emergency management. He noted how Andrew Ansbro, president of the FDNY Uniformed Firefighters Association, told lawmakers that the manning of firehouses in New York City is now being decreased due to migrant crisis-driven budget cuts. The NYPD, D'Esposito said, is also considering reducing new academy classes because the department "can't afford it." Additionally, along the southern border, sheriffs have testified to the committee how their jails are over capacity.