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.

House Oversight, Judiciary to consider resolution recommending Hunter Biden be held in contempt of Congress

House Republicans will consider a resolution Wednesday morning that, if passed, would set up a full House vote on whether to hold Hunter Biden in contempt of Congress for defying a congressional subpoena as part of the House impeachment inquiry against President Biden.

The House Oversight Committee will meet for a markup Wednesday at 10 a.m. to consider the resolution that recommends contempt proceedings against the first son after he refused to comply with a subpoena compelling him to appear for a closed-door deposition before the House Oversight and Judiciary committees.

The House Judiciary Committee will hold a similar markup at 10 a.m. on a measure recommending Hunter Biden be held in contempt of Congress. 

"Our investigation has produced significant evidence suggesting President Biden knew of, participated in and benefited from his family cashing in on the Biden name," House Oversight Committee Chairman James Comer is expected to say in his opening statement, obtained by Fox News Digital. 

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

"We planned to question Hunter Biden about this record of evidence during our deposition, but he blatantly defied two lawful subpoenas." 

Comer will say, "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."

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

Hunter Biden, ahead of his subpoenaed deposition, had offered to testify publicly. House Oversight Committee Chairman James Comer and Judiciary Committee Chairman Jim Jordan rejected his request, stressing that the first son would not have special treatment and pointed to the dozens of other witnesses that 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.

"On December 13, 2023, Robert Hunter Biden failed to comply with deposition subpoenas issued by the Committees on Oversight and Accountability and the Judiciary for testimony relevant to the House of Representatives’ impeachment inquiry and the Committees’ oversight investigations," the House Oversight report, first reported by Fox News Digital on Monday, says. 

"Instead, Mr. Biden opted to read a short, prepared statement in front of the Capitol. Accordingly, Mr. Biden has violated federal law and must be held in contempt of Congress."

Meanwhile, the House Oversight report identifies Hunter Biden’s testimony as "a critical component of the impeachment inquiry into, among other things, whether Joseph R. Biden, Jr., as Vice President and/or President: (1) 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; (2) 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 (3) 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."

The report states that Hunter Biden’s "flagrant defiance of the Committees’ deposition subpoenas — while choosing to appear nearby on the Capitol grounds to read a prepared statement on the same matters — is contemptuous, and he must be held accountable for his unlawful actions."

HOUSE GOP PROBING IF BIDEN WAS INVOLVED IN HUNTER'S 'SCHEME' TO DEFY SUBPOENA, POTENTIAL 'IMPEACHABLE OFFENSE'

The report says House Oversight Committee Chairman James Comer "recommends that Congress find Robert Hunter Biden in contempt for his failure to comply with the Committee subpoena issued to him."

Committee ranking member Jamie Raskin, D-Md., blasted the move, saying there "is no precedent for the U.S. House of Representatives holding a private citizen in contempt of Congress who has offered to testify in public, under oath and on a day of the committee’s choosing. Chairman Comer repeatedly urged Hunter Biden to appear at a committee hearing, and Hunter Biden agreed." 

If the resolution advances out of committees Wednesday, sources said a full contempt of Congress vote on the House floor could take place in the coming days. 

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 earlier this month, conduct, they say, "could constitute an impeachable offense." 

Hunter Biden, when making his public statement last month, said his "father was not financially involved in my business." 

"No evidence to support that my father was financially involved in my business because it did not happen," he said. 

The House impeachment inquiry against President Biden was formalized by the full House last month. The inquiry is being led by Comer, Jordan and House Ways & Means Committee Chairman Jason Smith, R-Mo.

House Republican to file impeachment articles against Lloyd Austin

FIRST ON FOX: A House Republican lawmaker is introducing articles of impeachment against Defense Secretary Lloyd Austin, his office told Fox News Digital on Monday.

Rep. Matt Rosendale, R-Mont., plans to target Austin on Tuesday as fallout continues over the Pentagon’s delayed disclosure about Austin being hospitalized last week.

Rosendale told Fox News Digital in a statement that he believes Austin "violated his oath of office" on multiple occasions, citing the Biden administration’s withdrawal from Afghanistan, the migrant crisis at the border, and last year’s incident with a Chinese spy craft floating above the continental U.S.

DOD SECOND-IN-COMMAND TOLD OF AUSTIN'S HOSPITALIZATION 2 DAYS AFTER TAKING OVER SOME OF HIS DUTIES

"Sec. Austin knowingly put the American people in danger and compromised our national security when he allowed a spy balloon from a foreign adversary to fly over Malmstrom Air Force Base – home to ICBMs – and allowed the Chinese Communist Party to gather intel on American citizens," the Montana Republican said. 

"This dishonesty seems to be a repeated pattern for the Secretary as he once again lied to our military and the American people about his health last week."

DEFENSE SECRETARY AUSTIN HOSPITALIZED FOLLOWING SURGERY COMPLICATIONS

The Pentagon publicly revealed on Friday that Austin had been in the hospital since Jan. 1 due to complications from elective surgery. But a Politico report later revealed that not only were media kept in the dark, but that the highest levels of the White House and top officials in the Pentagon itself were not aware until Thursday that Austin was in the hospital.

The non-disclosure prompted a flurry of bipartisan concern, with top Democrats and Republicans on the House and Senate Armed Services committees both calling for more transparency about the incident.

PENTAGON ANNOUNCES NEW RED SEA INTERNATIONAL MISSION TO COUNTER ESCALATING HOUTHI ATTACKS ON SHIPS

Rosendale’s Monday evening statement went beyond the health scandal, arguing that Austin "failed to uphold his oath of office during the Biden Administration’s disastrous withdrawal from Afghanistan which led to the death of 13 American soldiers and enabled unvetted migrants to flow into the United States."

"Sec. Austin is unfit for the Office of the Secretary of Defense, which is why I urge my colleagues to join me in impeaching him to protect the American people," he said.

A host of top Republicans have called for Austin to be fired over how the disclosure of his hospitalization was handled.

Fox News' Liz Friden contributed to this report.

Boebert responds to reports of fight with ex-husband at Colorado restaurant after police called

Rep. Lauren Boebert, R-Colo., responded to reports about the congresswoman fighting with her ex-husband at a Colorado restaurant after the police were called. 

"This is a sad situation for all that keeps escalating and another reason I’m moving," Boebert said in a statement provided to Fox News Digital. "I didn’t punch Jayson in the face and no one was arrested. I will be consulting with my lawyer about the false claims he made against me and evaluate all of my legal options."

The Silt Police Department confirmed to outlets, including The Denver Post and The Washington Post, that officers responded to Miner’s Claim restaurant, located within Boebert's district, on Saturday evening regarding an incident involving the congresswoman and her ex-husband, Jayson Boebert, but declined to provide more details at this stage of the investigation. 

In a brief phone call with The Denver Post, Jayson Boebert reportedly said he called the Silt Police Department on Sunday morning and told police he did not want to press charges.

"I don’t want nothing to happen," Jayson Boebert reportedly said. "Her and I were working through a difficult conversation."

LAUREN BOEBERT ADDRESSES THEATER INCIDENT: 'I MESSED UP'

Fox News Digital reached out to the Silt Police Department early Monday morning but did not immediately hear back. 

Silt Police Chief Mike Kite also confirmed the investigation to The Associated Press, but declined to release details, including who called police.

Officers planned to talk with witnesses and ask the restaurant owners for any video that might have captured what happened, Kite told the AP. 

According to The Denver Post, the incident was first exposed by American Muckrakers, a group that says it's vying to "Fire Boebert" and has been calling for her resignation. 

On X, American Muckrakers alleged that a physical altercation had ensued and said the group was filing a public information request for the surveillance tapes of the incident. 

LAUREN BOEBERT SWITCHES DISTRICTS, ANNOUNCING RUN FOR COLORADO SEAT BEING VACATED BY KEN BUCK

Boebert's personal life received media attention in September, and the congresswoman apologized, after she and a date were asked to leave a Denver theater over inappropriate behavior. Infrared CCTV footage showing Boebert and her date apparently vaping and engaging in romantically inappropriate behavior during a performance of "Beetlejuice" had gone viral. 

A Republican who has served two terms in the U.S. House representing the western side of the state, Boebert announced on Dec. 27 that she was switching congressional districts this year to run for a seat representing the eastern side of Colorado. The 4th Congressional District seat is open with the retirement of Republican U.S. Rep. Ken Buck.

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In her current 3rd District, Boebert probably would have faced a tough Democratic challenge from Adam Frisch, who nearly defeated her in the 2022 general election. 

Boebert filed for divorce from her husband in April, and the divorce was finalized in October. 

In her relatively short time in Washington, Boebert built a national profile and has aligned with the right wing of the GOP. Her assertive style has grabbed headlines, most famously when she heckled President Biden during his 2022 State of the Union address.

The Associated Press contributed to this report.

Crunch time: Congress kicks off 2024 staring down potential shutdown

The sheer crush of time is extraordinary. Congress returns to session this week after a lengthy holiday recess – much longer for the House than the Senate. And lawmakers face an immediate shutdown by the end of next week. 

This is the perfect way to initiate 2024 in Congress. A flirtation with a shutdown in the opening days epitomizes what 2024 may be like on Capitol Hill.

That said, President Biden and bipartisan, bicameral leaders just forged an agreement on a "topline" for all discretionary spending for the remainder of fiscal year 2024. 

This is not a bill. This is not a "continuing resolution," an interim bill to keep the government afloat. 

CONSERVATIVES REVOLT AGAINST JOHNSON-SCHUMER DEAL TO AVOID GOVERNMENT SHUTDOWN: ‘WORSE THAN WE THOUGHT’

But it’s a start. And there is a lot to do to avoid shutting down the government in just a few days. 

With 2024 being an election year – and both the House and Senate controlled by narrow majorities – it could well end with contretemps over election recounts and certifications of House and Senate contests as they sort out which party controls each body heading into 2025. That’s to say nothing of possible debates over who won the presidential election. Naturally that could tee up yet another set of challenges in the House and Senate on January 6, 2025 to decide who heads to 1600 Pennsylvania, Ave. 

So the next 12 months are going to be a doozy in Congress. Hope everyone had a nice vacation. 

If Congress struggles to fund the government, one could envision a scenario where lawmakers are marooned in Washington for weeks on end – ala the 10-plus week stretch in the fall. That involved a dalliance with a government shutdown in October, the dethroning of former House Speaker Kevin McCarthy, R-Calif., and an epic, internecine GOP battle before the House finally elected House Speaker Mike Johnson, R-La.

We don’t believe there’s any immediate threat to Johnson’s grasp on the gavel. But once (and if) lawmakers get through the January 19 funding deadline, that only douses the fiscal flames temporarily. There’s another deadline on February 2. The House is scheduled to be out of session the week of January 21. Then back for three weeks. Then out of session the weeks of February 18 and February 25. That’s followed up by three weeks in Washington in early March. Then out at the end of March and first week of April.

HOUSE GOP MAJORITY TO SHRINK AGAIN IN TIME FOR POTENTIAL GOVERNMENT SHUTDOWN SHOWDOWN

A government shutdown crisis could pulverize the congressional schedule. The same with efforts to advance a plan to address border security and fund Ukraine and Israel. 

House Republicans are focused on other things, too. They’re looking at impeachment for President Biden, impeachment for Homeland Security Secretary Alejandro Mayorkas and a contempt of Congress citation for Hunter Biden. Throw in some serious, bipartisan questions about why Defense Secretary Lloyd Austin and the Pentagon apparently failed to notify anyone that he was hospitalized, and you have a staggering amount of legislative and political traffic on Capitol Hill. 

All of this hinges on the decisions of key players. Whether they negotiate. Whether they stumble. Whether they produce legislative miracles. Success and failure is the quintessence of Congress. So here’s a thumbnail look at some figures to watch in 2024 – and what it could mean for 2025. 

Let’s start with the Speaker. 

Johnson’s immediate future appears to be secure. But if Johnson falters? Or if the GOP loses the majority in the fall? Does Johnson stick around? Divining a potential Johnson successor might be as challenging as it was to forecast the Speaker’s rise to power. House Republican Conference Chairwoman Elise Stefanik, R-N.Y., is the only current member of the GOP brass who emerged unscathed from this fall’s battle for the gavel. 

Rank and file Republicans rejected both House Majority Leader Steve Scalise, R-La., and House Majority Whip Tom Emmer, R-Minn., for Speaker in October. Would Stefanik be in the mix? It’s also possible that President Trump could consider Stefanik as his running mate this year. 

Of course Johnson may be fine. That’s certainly the case if GOP holds the House, Johnson placates rambunctious conservatives and demonstrates substantial fundraising prowess. 

JOHNSON SPARS WITH WHITE HOUSE OVER BORDER FUNDING CLAIMS: ‘DESPERATE'

Johnson is also just liked better than Kevin McCarthy. 

The Freedom Caucus once again commands the spotlight. Pay attention to Rep. Chip Roy, R-Texas, and new Freedom Caucus leader Rep. Bob Good, R-Va. 

House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Oversight Committee Chairman James Comer, R-Ky., also bear watching. What do they do with impeachment? And if they don’t impeach, was this duo just making a lot of noise? 

House Minority Leader Hakeem Jeffries, D-N.Y., could very well be Speaker of the House this time next year if Democrats flip control. But Jeffries is starting to see some fractures in his caucus between progressive, pro-Palestinian Democrats and others who align themselves with Israel. How Jeffries wrestles with those divisions will test his leadership skills. 

Another name to keep an eye on: Rep. Suzan DelBene, D-Wash. She chairs the Democratic Congressional Campaign Committee (DCCC). DelBene will benefit big time if Democrats run good races and seize control of the House. 

Also watch Rep. John Duarte, R-Calif. He’s one of the most vulnerable Republicans facing reelection this fall, squeaking out a win in 2022 in a district carried by President Biden. 

Rep. Don Bacon, R-Neb., is also one of the most bipartisan members of Congress. But President Biden won one of the electoral votes in Bacon’s district in 2020 thanks to Nebraska’s proportional distribution system. 

In the Senate, the odds certainly favor Republicans flipping the Senate. Democrats are defending way too many seats in swing states. Republicans are facing reelection in states which are already ruby red. However, will Senate Minority Leader Mitch McConnell, R-Ky., return as the top Republican – either in the majority or the minority? McConnell faced a leadership challenge in late 2022 from Sen. Rick Scott, R-Fla. The level of antipathy between former President Trump and McConnell is palpable. Could a second term for former President Trump undo McConnell as leader – even though the Kentucky Republican is the longest-serving party leader in history? 

Also, McConnell experienced several health scares in 2023. Some Republicans might push for McConnell to step aside if he suffers from additional health concerns. 

Granted, McConnell could get credit if the GOP wins the Senate. 

This brings us to Sen. Steve Daines, R-Montan. Daines chairs the National Republican Senatorial Committee (NRSC). He’ll win plaudits if Republicans win the Senate – even though it’s an easy map for the GOP. Plus, Daines and McConnell have tried to draft more "electable" Republicans this year. McConnell has spoken at length about how "candidate quality" undercut the GOP’s chances to win the Senate in 2022.

However, don’t underestimate chances for Senate Republicans to botch what could be a layup this autumn. Senate Republicans certainly stole defeat from the jaws of victory in 2022, 2020 and 2010. That’s why there could be hell to pay if Republicans don’t win Senate control. Some Republicans will look directly at McConnell and Daines. 

Sen. Joe Manchin, D-W.V., is retiring. But Manchin is likely to be central to any battles over spending or other major legislation for the duration of his term. There is still a buzz about whether Manchin could run as an independent or third party for President. 

LATINO SENATE HOPEFUL SAYS HISPANIC VOTERS BEING ‘BLINDSIDED’ BY DEM POLICIES, AIM TO FLIP BORDER SEAT RED

There is also attention on Sen. Kyrsten Sinema, I-Ariz. Sinema is a central player in the border security talks. She’s outraged some liberals for working as a centrist and abandoning the Democratic Party. If Sinema runs and wins reelection and Republicans flip the Senate, look for the GOP to court her to become part of their prospective majority. 

2023 was a doozy on Capitol Hill. 2024 could even be doozier. And then there is 2025. Congress punted the debt ceiling until early next year. The Congressional certification of the presidential election also falls on January 6, 2025. 

The debt ceiling and certifying the results of the Electoral College may be the only big issues with which Congress won’t have to wrestle in 2024. 

As I say, I hope you enjoyed your vacation.

Perhaps for the next couple of years.

Hunter Biden, Mayorkas, Fauci: House lawmakers return from holidays for a high-profile week

House lawmakers will be off to the races when they’re back on Capitol Hill Monday, for the first week of their 2024 legislative session.

The GOP majority has scheduled several big priorities for the week of Jan. 8 related to two separate impeachment probes as well as a visit to Congress by infectious disease expert Dr. Anthony Fauci. 

Fauci’s first sit-down of the 118th Congress will be a closed-door interview with the House select committee on COVID-19. 

He’ll field questions from lawmakers on both sides on Monday and Tuesday for a marathon seven hours each day. 

On Jan. 10, the House Oversight Committee and the Homeland Security Committee are both taking big steps in Republicans’ push for accountability for the Biden administration. 

HOUSE LEAVES FOR THE YEAR WITH CRITICAL BATTLES STILL ON HORIZON

Oversight Chairman James Comer, R-Ky., announced his panel would hold a procedural meeting to advance a contempt resolution against Hunter Biden, President Biden’s son, for failure to comply with a congressional subpoena.

Republicans had subpoenaed Hunter for a sworn deposition on Dec. 13 as part of an impeachment inquiry looking into whether the president and his family profited off of foreign business deals.

He skipped the sit-down, instead opting to hold a press conference in front of the U.S. Capitol criticizing the GOP’s impeachment inquiry of his father. 

WHERE NO CONGRESS HAS GONE BEFORE: FACING GALACTIC-SCALE FISCAL CLIFF AND BORDER SECURITY THREATS

Comer said Friday that "Hunter Biden’s willful refusal to comply with our subpoenas constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution. We will not provide him with special treatment because of his last name."

Rep. Jamie Raskin, D-Md., the top Democrat on the committee, panned Comer’s decision to hold Hunter in contempt and pointed out that he offered to testify in a public hearing – despite Republicans insisting on a closed-door deposition first. 

"Instead of taking yes for an answer, Chairman Comer has now obstructed his own hapless investigation by denying Hunter Biden the opportunity to answer all the committee’s questions in front of the American people and the world," Raskin said.

SENATE HAS ONLY PASSED 3 OUT OF 12 SPENDING BILLS AS DEADLINE LOOMS

Also on Jan. 10, the Homeland Security Committee is holding its first hearing in House Republicans’ impeachment of DHS Secretary Alejandro Mayorkas.

The House voted in November to refer a resolution to impeach Mayorkas to the committee, giving them the reins in the GOP’s quest to oust the Biden official.

"Our investigation made clear that this crisis finds its foundation in Secretary Mayorkas’ decision-making and refusal to enforce the laws passed by Congress, and that his failure to fulfill his oath of office demands accountability," Committee Chair Mark Green, R-Tenn., said in a statement.

"The bipartisan House vote in November to refer articles of impeachment to my committee only served to highlight the importance of our taking up the impeachment process – which is what we will begin doing next Wednesday."

After the high-profile action of this week is over, lawmakers likely will not get much breathing room – the House and Senate must reach a deal on government funding by Jan. 19 or risk a partial government shutdown.