Balance of power: Jockeying begins for House Freedom Caucus top spot after leader’s unprecedented primary loss

The House Freedom Caucus is discussing who could take the lead of the ultra-conservative group with its chairman, Rep. Bob Good, R-Va., expected to step aside.

Multiple people granted anonymity to speak with Fox News Digital indicated they expect Good to step aside from his role after he lost his primary race in June and a subsequent recount Thursday night by a few hundred votes. Good had previously said that he would do so.

It puts the GOP rebel group in uncharted territory. A chairman has never stepped down before the end of a term, and a sitting chair has never lost re-election.

Two sources familiar with the discussions said they expected a previous Freedom Caucus chair, Andy Biggs, R-Ariz., or Scott Perry, R-Pa., specifically, to step in for the remainder of Good’s term.

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Both sources, however, said discussions were leaning slightly toward Biggs.

"I am going to push for Andy Biggs to take over during the remainder of Bob’s term. He supported Trump, and he knows how to be the chair already," one Freedom Caucus member told Fox News Digital.

Biggs did not comment when reached via spokesperson by Fox News Digital. A spokesperson for Perry also declined to comment.

One of the two earlier sources told Fox News Digital Rep. Chip Roy, R-Texas, the group’s policy chair, has also been floated as a possible replacement. 

But Roy, who also chairs the House Judiciary Committee’s subcommittee on the Constitution and limited government, has not publicly indicated interest in the role. 

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Freshman Rep. Andy Ogles, R-Tenn., has also shown interest in the role, according to another source. But it’s not immediately clear if he would be interested in serving out the remainder of the year filling in for Good or whether he’d want to run in the group’s closed-door election for a new term, which usually takes place at the end of the year.

Ogles' office did not respond to a request for comment, while Roy declined, via spokesperson, to discuss private conversations.

Politico reported last week that Perry and Biggs were both in consideration to finish out the remainder of Good’s term.

Both have a significantly better relationship with former President Trump than Good does, a divide that drove his political unraveling.

Trump backed Good’s primary rival, John McGuire, and actively spoke out against the Virginia conservative’s re-election. Good had originally endorsed Trump’s primary rival, Florida Gov. Ron DeSantis, before switching to the ex-president when DeSantis dropped out.

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Good’s office did not respond to Fox News Digital about whether he would follow through on stepping aside.

A Freedom Caucus spokesperson told Fox News Digital, "HFC does not comment on membership or internal processes."

Good’s tenure as chairman has been a bumpy one, and multiple members left the group this year.

Most recently, Rep. Warren Davidson, R-Ohio, who opposed Good’s chairmanship, was voted out of the Freedom Caucus shortly after he endorsed McGuire in the primary.

Rep. Troy Nehls, R-Texas, resigned in protest of Davidson’s ouster on the same day.

Trump shooting task force missing this critical component, House GOP military veteran says

EXCLUSIVE: Former Navy SEAL Rep. Eli Crane, R-Ariz., is concerned that the bipartisan House task force to investigate the attempted assassination of former President Trump is missing a critical component in terms of the experience of its members.

"I did reach out to the speaker and volunteered and reminded the speaker that I was…one of the snipers in Congress. I think there's only three of us. So clearly it's not about me," Crane told Fox News Digital in an interview.

"I think there's three – myself, [Rep. Cory Mills, R-Fla., and Rep. Morgan Luttrell, R-Texas]. If even one of us was put on that committee, I think it would have shown that they were actually trying to put at least a cross-section of experience on the committee. But that didn't happen."

Crane argued that the circumstances of the shooting – a 20-year-old gunman firing an AR-style rifle from 400 to 500 feet away from Trump, then subsequently being killed by a Secret Service sniper – added to the need for someone with his experience.

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"I am a former Navy SEAL sniper. The actual term would be NSW, Naval Special Warfare sniper. I graduated from sniper school in 2009 and went to several other advanced sniper schools. And I think the reason that it's important is because, obviously…the alleged individual that tried to kill the president, did take a shot at the president, was training prior to taking a shot at the president," Crane said.

"You're dealing with counter sniper teams. You're dealing with the advance work that was done, you're dealing with, you know, someone who can cite angles, trajectories – all sorts of things that snipers have to be proficient and experienced in. And so I don't know, it just kind of makes sense that in this specific case, you would probably want people to have that background and experience on your task force."

The task force, comprised of six Democrats and seven Republicans, was announced by House Speaker Mike Johnson, R-La., and House Minority Leader Hakeem Jeffries, D-N.Y., after a unanimous House vote to commission it. 

Crane and Mills are aiming to launch a parallel probe to make up for what they see are shortfalls on the existing task force, Mills indicated on X Monday.

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"I wish the members of [the] Task Force well, and think it’s time for a parallel independent investigation with subject matter experts (SME) and the whistleblowers who’ve already come forward," Mills wrote, adding that he and Crane had already heard from people in those groups.

The current task force is led by Rep. Mike Kelly, R-Pa., whose district the shooting took place in and who has deep ties with the local law enforcement who were also charged with security that day, and Rep. Jason Crow, D-Colo., a retired Army Ranger with combat experience in Iraq and Afghanistan.

The panel also includes several other veterans, including Homeland Security Committee Chairman Mark Green, R-Tenn., Rep. Mike Waltz, R-Fla., and Rep. Chrissy Houlahan, D-Pa. It also includes legal experts like Crow, a lawyer, and Rep. Glenn Ivey, D-Md., a former assistant district attorney.

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However, both Mills and Crane accused House leaders of political motivations in selecting the task force.

"I think some of the most qualified people were clearly left off of there. And so, like many things in Washington, there's a lot of politics that went into the formation of…that task force," Crane said. 

He said "several" other "pretty impressive" lawmakers share their concerns.

Jeffries, Johnson, Kelly and Crow have all emphasized that they want the probe to be free of politics. Crow told Fox News Digital earlier this week that it would be a "robust and serious" investigation.

Jeffries' office declined to comment when reached by Fox News Digital. Johnson's office did not return a request for comment.

When asked whether he was concerned that setting up their own GOP-led probe could itself be viewed as political, Crane said, "I'm not really worried about it, but is it possible? Absolutely." 

However, panel member Waltz told Fox News Digital he was not worried about either investigation politicizing the other.

"Look, if we have folks that want to bring in – like, Representative Cory Mills, who I plan to call on his expertise as a former sniper, Representative Eli Crane, former Navy SEAL sniper – look, I mean, we should be using their expertise," Waltz said. "If they want to bring outside experts from their networks – I think this is an all-of-the-above approach. So the more eyeballs looking at it, the better."

Kamala Harris hit with articles of impeachment over border crisis, ‘misleading’ people on Biden

A House Republican lawmaker is filing articles of impeachment against Vice President Kamala Harris on Wednesday, over both her handling of the border and knowledge, if any, of President Biden's alleged cognitive decline. 

Rep. Andy Ogles, R-Tenn., is accusing Harris of breaching public trust and of willfully refusing to uphold U.S. immigration law in two impeachment articles, obtained by Fox News Digital.

The former article on public trust accused Harris of having "knowingly misled the people of the United States and the Congress of the United States, principally to obfuscate the physical and cognitive well-being of the President of the United States, Joe Biden."

It comes as a growing number of Republican lawmakers question what Harris knew and when about Biden's mental state after even allies observed that it had worsened over the course of the 81-year-old's White House term.

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The latter article is targeted at Harris's handling of the crisis at the southern border over her role as the Biden administration's "border czar." She was tasked early on in the administration with addressing the root causes of mass migration from Central and South America.

It's now the cornerstone of GOP-led attacks against the presumptive Democratic presidential nominee, as states across the country continue to struggle with the migrant crisis, though the number of border crossings has somewhat slowed in recent months compared to the record numbers seen last year.

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"Kamala Devi Harris has demonstrated extraordinary incompetence in the execution of her duties and responsibilities, a stark refusal to uphold the existing immigration law, and a palpable indifference to people of the United States suffering as a result of the ongoing southern border crisis in the United States," the impeachment articles state.

"During her tenure as the designated border czar, the U.S. Customs and Border Protection Agency ‘encountered' nearly 302,000 illegal aliens at the southwest border in December 2023, the highest monthly total ever recorded and representing 4 consecutive months of over 240,000 illegal alien ‘encounters.'"

Ogles' impeachment articles are the latest update in the House GOP's legislative offensive against Harris ever since she took up Biden's mantle on Sunday.

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Biden caught millions of Americans by surprise on Sunday afternoon when he announced he would drop out of the presidential race after mounting pressure to do so by fellow Democrats.

Just as Ogles introduced his legislation on Tuesday, the House Rules Committee advanced a resolution by Rep. Elise Stefanik, R-N.Y., to condemn Harris over the border crisis. That bill is expected to get a House-wide vote sometime this week.

Fox News Digital reached out to Harris' office for comment.

Luna’s bid to force Garland to hand over Biden-Hur tapes fails in House

House Democrats and some Republicans joined together to block Rep. Anna Paulina Luna's bid to fine Attorney General Merrick Garland $10,000 per day until he released audio tapes of President Biden's interview with special counsel Robert Hur.

Democrats failed to block the resolution from hitting the floor on Wednesday evening, setting up a vote on the measure for Thursday.

Luna has for weeks threatened to force a vote on holding Garland in "inherent contempt" and appealed to both Republicans and Democrats to support the effort, citing concerns about Biden's mental acuity spurred by his disastrous performance in the CNN Presidential Debate.

Her initial bill would have directed the House sergeant-at-arms to arrest Garland in order for the chamber to hold its own trial. It is a little-known procedure, not invoked since the 1930s, that has never been used on a Cabinet official.

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Luna agreed to delay forcing the vote until this week after discussing the matter with House Speaker Mike Johnson, R-La. 

She also modified her bill to fine Garland instead of arresting him.

A Department of Justice (DOJ) spokesperson said in response to the GOP effort, "This is unconstitutional. We are confident our arguments would prevail in court." 

Republicans have been seeking the audio tapes of Biden's interview in Hur's classified documents probe for months as part of their impeachment inquiry into the president. 

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House GOP lawmakers, some of whom long held that Biden is not mentally fit for office, voted to hold Garland in contempt of Congress last month for his refusal to turn over audio tapes of Hur’s interview with Biden on his handling of classified documents. The DOJ has refused to prosecute, citing Biden’s decision to call for executive privilege over the tapes.

Democrats have also pointed out that the full transcript is already available and have bashed the effort as nakedly partisan.

However, Republicans argue that the tapes would provide necessary context about Biden’s mental acuity that could not be gleaned from the transcript.

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Some GOP lawmakers reignited those calls in the wake of Biden's debate performance late last month. 

The 81-year-old president spoke with a hoarse voice, reportedly due to a cold, and stumbled over his own answers several times during the primetime event. Viewers also observed him appearing tired and noticeably less sharp than he looked the last time he faced former President Trump in 2020.

The House GOP also sued Garland last week in order to obtain the tapes, with the lawsuit being led by House Judiciary Chairman Jim Jordan, R-Ohio.

Republicans furious that Hunter Biden is reportedly sitting in on White House meetings

House Republicans are crying foul over reported revelations that first son Hunter Biden has been sitting in on President Biden's White House meetings in recent days.

"Joe and Hunter Biden have a record of selling their last name to foreign adversaries like Russia and China. Having Hunter now engaged in official, executive business only further enhances the urgency for transparency and accountability regarding the Biden family's corrupt business dealings," House Majority Whip Tom Emmer, R-Minn., told Fox News Digital on Wednesday.

Rep. Greg Steube, R-Fla., called Hunter Biden "a walking national security threat."

"He's raked in more than $20 million from foreign entities, including the CCP, for the Biden [family]. He's also the owner of the FBI-investigated laptop from hell. … Does Hunter have the clearance necessary to sit in on high-level White House meetings with his dad?" Steube told Fox News Digital.

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It comes after NBC News reported that the president's son has sat in on meetings between Biden and his top White House aides in recent days.

He began joining the sessions after Biden returned from Camp David on Monday, according to the report.

"Hunter Biden wants Joe Biden to remain president more than anyone in America. He should be worried [about] what a new attorney general would consider criminal activity under a possible Trump administration. No more sweetheart deals the moment his father leaves office," said Rep. Scott Fitzgerald, R-Wis.

Hunter Biden has long been a target of Republican scrutiny, with House GOP impeachment inquiry investigators accusing him of enriching himself via foreign business dealings by using his father's political stature and connections. House GOP leaders also believe President Biden himself participated in and benefited from the schemes, something he and his allies have denied.

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Hunter Biden was also recently convicted on three felony firearm charges and faces more legal troubles in a federal probe into his taxes. The latter case is going to trial in California in September.

The report comes as Biden is facing mounting pressure to step aside as the 2024 Democrat presidential nominee after his performance in last Thursday's CNN debate, with concerns over his advanced age and mental fitness for office plastered across headlines this week.

Rep. Andy Ogles, R-Tenn., said on Fox Business' "Mornings with Maria" that Hunter Biden has a vested interest in keeping his father in power because it's a shield from the worst scrutiny.

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"I think it's probably very predictable that Hunter wants his dad to be in the White House. His best option for protection and immunity going forward is his dad in the White House," Ogles said when asked about the report. "The moment you have a change of regimes, you're going to have a change of personnel. And suddenly, Hunter is not going to have the umbrella and the protection of his father."

The NBC News report said aides were "struck" by Hunter Biden's sudden presence at White House meetings. One was quoted as saying, "What the hell is happening?"

White House press secretary Karine Jean-Pierre said the president's son was also present during debate prep, and she dismissed concerns about his presence when asked in Tuesday's regular news briefing.

"It is a week where there's going to be more family members who are going to come to the White House. I'm sure you'll see some of them on Fourth of July," she said.

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

Tom Cole wins crowded GOP primary to fight for 12th term in November

Longtime House Rep. Tom Cole, R-Okla., won his Tuesday night primary and is on track to clinch his 12th term in the House of Representatives this November.

Cole, who currently serves as chairman of the powerful House Appropriations Committee, was facing a crowded GOP led by opponent Paul Bondar. Bondar is a political outsider and a businessman who has poured millions of his own dollars into the race.

The senior Republican has represented Oklahoma's 3rd congressional district since January 2003. The district encompasses part of Oklahoma City and the city of Norman.

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Cole had been expected to get at least a plurality of the vote, given his deep ties to Oklahoma GOP politics, but his reputation for working across the aisle has earned him challenges from his right flank.

Bondar has tried to style himself as a more conservative alternative to Cole, bashing the congressman for being willing to work with Democrats on issues like government funding and Ukraine aid. Cole's campaign has in turn styled Bondar as a carpetbagger trying to buy the race. 

Cole also came into the Tuesday election armed with an endorsement from former President Trump, who won the district by double digits in 2020.

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"Tom Cole is a fantastic Representative for Oklahoma’s 4th Congressional District. As Chairman of the POWERFUL Appropriations Committee, Tom is fighting hard to Secure the Border, Stop Migrant Crime, Strengthen our Military/Vets, Support our Great Law Enforcement, and Protect our always-under-siege Second Amendment," Trump wrote on Truth Social in May. 

"He has almost always voted with me, including on both Impeachment Hoaxes. Tom Cole has my Complete and Total Endorsement – He will not let you down!"

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In addition to supporting Trump, Cole has also been a staunch ally of House GOP leadership. He previously served as head of the National Republican Congressional Committee (NRCC), House Republicans' campaign arm, and before taking the Appropriations Committee gavel he served as the top Republican on the House Rules Committee.

Other Republican hopefuls who ran to unseat Cole on Tuesday night are Nick Hankins, Rick Harris and Andrew Hayes.

White House stymied bipartisan support for presidential ethics bill, says top House Dem

A Democratic member of the House Oversight Committee alleged Monday that several in her party who had initially indicated support for a bipartisan presidential ethics bill got cold feet after talking to the White House.

Rep. Katie Porter, D-Calif., previously announced the filing of a "landmark federal ethics reform bill" with Rep. James Comer, R-Ky., the committee’s chairman, targeting financial disclosures, family members joining official travel junkets and other issues.

Comer and Porter announced the Presidential Ethics Reform Act in late May, which itself reportedly stemmed from a back-and-forth between lawmakers during a March hearing on the impeachment inquiry into President Biden.

Porter, who lives in Orange County, California, claimed Monday that after she and Comer worked to recruit an equal number of bipartisan co-sponsors, the deal imploded while she was in the air on her way back to Washington.

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"I … was proud that I had found three senior Democratic co-sponsors. When I landed, I was really disappointed to learn that those co-sponsors had decided not to support the bill and had had conversations with the White House," Porter claimed in comments to The Hill newspaper.

Fox News Digital reached out to the White House for comment, as the paper cited three Democratic lawmakers it reported to be whom Porter was referring – Reps. Ro Khanna, D-Calif., Kweisi Mfume, D-Md., and Raja Krishnamoorthi, D-Ill.

Mfume declined comment and the other two lawmakers did not respond. Porter’s office also did not provide comment.

A source familiar with the situation, however, confirmed reports on the matter to Fox News Digital.

The ethics bill did garner at least one major public supporter, as billionaire "Shark Tank" investor Mark Cuban posted, "All for this."

Congress’ official website shows Comer introduced the legislation on May 22 and listed Porter as its only current co-sponsor. Congress.gov indicated the bill has since been referred to the Oversight Committee.

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During a March 20 Biden impeachment inquiry hearing, Porter said the probe hit a "dead end" and that the next step should be to "stop bipartisan attacks on each other."

"The American people think that the rules that prevent corruption are way too weak to stop politicians from both sides of the aisle from influence peddling," Porter added. 

After she ended her remarks, Comer interjected to say he believed the Democrat was "sincere" and that he "look[ed] forward to working with [her] on that legislation" in the future.

The bill would require presidents and vice presidents to record and disclose payments or "items of value" given to them by foreign sources two years prior to and after their terms, as well as while they are in office.

It would also require the two top national executives to disclose inter-familial payments of more than $10,000 during that same time period, and also provide stricter rules regarding disclosure of conflicts-of-interest.

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"Influence peddling is a cottage industry in Washington, and we’ve identified deficiencies in current law that have led to a culture of corruption," Comer said of the bill.

"By creating this bipartisan legislation to provide greater transparency to the financial interactions related to the office of the president and vice-president, we can ensure that moving forward, American presidents, vice presidents, and their family members cannot profit from their proximity to power."

Army vet predicts first red flip of North Carolina district since 1883, citing Biden-era malaise

An Army veteran backed by House Republican Conference Chair Elise Stefanik’s women-candidate-recruiting PAC told Fox News Digital this week that she believes she can make history in North Carolina.

Retired Col. Laurie Buckhout said her district is the poorest in North Carolina, and while the economy and jobs are top-of-mind to voters, the first issue they mention to her is immigration.

It is the combination of poverty, an influx of drugs from south of the border and a general malaise in the Biden era that has her potential constituents clamoring for change, Buckhout said. 

She noted her district, which spans from suburban Rocky Mount across nearly 200 miles of small towns to the Outer Banks tourist communities of Duck and Corolla, has not elected a Republican since Chester Arthur was president. 

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"It has been Democrat-led for 141 years, which tells you a lot about why it is the poorest one in North Carolina," she told a large audience at a Wednesday event dubbed "E-PAC" and hosted by Stefanik. "This is our real chance to flip this right now... Democrats are scared."

"My opponent, [Rep.] Don Davis, [D-N.C.] – one of the nicest guys in Congress – is hiding every time Biden comes into the state – they put $850,000 toward him just in the month of May in positive ads."

Speaking to Fox News Digital after the event, Buckhout said it is heartbreaking to see the poverty and signs of drug abuse in many towns where she lives.

"It is poverty. It is jobs. It's the economy. They've been struggling for years. And then you bring Biden in, and he's got his crazy spending and these energy policies that are just crushing [eastern North Carolina] and my highly agrarian district."

However, despite the economic burden, voters tell Buckhout that the border is their top issue.

"I've been talking to some of the poorest folks in the district, and they'll say they're worried about their children's futures."

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In the eastern part of the district, touristy beachfront towns and inland villages are being hit hard by the Biden economy as tourism dollars from the thousands of northerners who vacation there have dropped, she said.

"People can't afford to hop in the car and just go for these long trips anymore. So you see businesses closing, you see little hotels closing. It's a significant impact," said Buckhout, whose hometown of Edenton is one of those soundfront communities.

In response to her criticism, Davis said his primary focus is the families of eastern North Carolina and laid out why he is a "recognized bipartisan leader in Congress."

"I have also been vocal in challenging the White House on issues like WOTUS, the menthol ban, Seymour Johnson AFB job cuts, and the border crisis. I have personally made over 200 visits to counties in the East, traveled to Israel and Ukraine and made multiple trips to the southern border," Davis said.

Pollsters and election analysts in North Carolina also offered their take to Fox News Digital on Buckhout’s confidence in a historic Republican shift in her district:

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One pollster, Professor Peter Francia of East Carolina University in Greenville, said the district has shifted to the right a bit after the 2020 census redistricting, from its comfortable Democratic position.

"The election in the 1st Congressional District in North Carolina will not only be the most competitive congressional election in the state, it could turn out to be one of the most competitive elections in the nation," Francia said.

House votes to hold Garland in contempt, refer him for criminal charges at own DOJ

The House voted to hold Attorney General Merrick Garland in contempt of Congress on Wednesday, referring the top Department of Justice (DOJ) official for criminal charges.

The measure passed nearly along party lines in a 216 to 207 vote, with just one Republican – Rep. David Joyce, R-Ohio, voting against it.

Joyce said in a statement after the vote, "As a former prosecutor, I cannot in good conscience support a resolution that would further politicize our judicial system to score political points. The American people expect Congress to work for them, solve policy problems, and prioritize good governance. Enough is enough."

GOP lawmakers aimed to hold Garland in contempt over his refusal to turn over audio recordings of Special Counsel Robert Hur's interview with President Biden.

Hur’s findings cleared Biden of wrongdoing in his handling of classified documents, but also said the 81-year-old president presented himself "as a sympathetic, well-meaning, elderly man with a poor memory," and that "it would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness."

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Biden and his allies aggressively pushed back on concerns about his mental fitness in the report’s wake.

The Justice Department released a statement from Attorney General Garland after the vote.

"It is deeply disappointing that this House of Representatives has turned a serious congressional authority into a partisan weapon. Today’s vote disregards the constitutional separation of powers, the Justice Department’s need to protect its investigations, and the substantial amount of information we have provided to the Committees.

"I will always stand up for this Department, its employees, and its vital mission to defend our democracy."

Republicans seeking the audio recording argued it would provide critical context about Biden’s state of mind. Democrats, meanwhile, have dismissed the request as a partisan attempt to politicize the Department of Justice (DOJ).

"It's a huge disappointment. I think it's an abuse of the congressional contempt power," Rep. Glenn Ivey, D-Md., told Fox News Digital of the GOP effort.

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Rep. Chip Roy, R-Texas, however, argued that the DOJ's refusal meant Garland simply wanted it hidden.

"There's only one reason why the attorney general would do that. He doesn't want us to hear it. That's why," Roy said on the House floor Wednesday. "And there's really only two reasons why that would be the case – either the transcript doesn't match the audio, or the audio is so bad that he doesn't want us to hear it."

The pursuit of Hur’s audio tapes is part of the House GOP’s wider impeachment inquiry into Biden, investigating allegations he used his political position to enrich himself and his family. Biden has denied accusations of wrongdoing.

House Republicans halted advancement of a contempt resolution against Hunter Biden, the president's son, earlier this year after GOP investigators reached an agreement with his attorneys.

Meanwhile, two ex-Trump administration aides – former Trump trade adviser Peter Navarro and former White House chief strategist Steve Bannon – were convicted on contempt of Congress charges for dodging subpoenas by the House select committee on Jan. 6.

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Both were referred for criminal charges by the previous Democrat-controlled House of Representatives. The DOJ did not act on a third referral by Democrats for former White House Chief of Staff Mark Meadows.

It's highly unlikely the DOJ will act on House Republicans' Garland referral, something that frustrated House Republicans who spoke with Fox News Digital on Wednesday.

"I'm not optimistic, because I think the DOJ has proven themselves very partisan and not honest brokers of how they apply the law," said Rep. Rich McCormick, R-Ga.

When asked if he thought the DOJ might act, Rep. Byron Donalds, R-Fla., quipped, "Not likely."

Garland took an indirect shot at Republicans’ pushback on the DOJ in a Washington Post op-ed on Tuesday morning.

"In recent weeks, we have seen an escalation of attacks that go far beyond public scrutiny, criticism, and legitimate and necessary oversight of our work. They are baseless, personal and dangerous," he wrote. "These attacks come in the form of threats to defund particular department investigations, most recently the special counsel’s prosecution of the former president."

Merrick Garland’s fate hangs in balance as House readies contempt vote

The House of Representatives is expected to vote on holding Attorney General Merrick Garland in contempt of Congress on Wednesday over his failure to produce audio recordings of Special Counsel Robert Hur’s interview with President Biden.

Hur’s findings cleared Biden of wrongdoing in his handling of classified documents but also said the 81-year-old president presented himself "as a sympathetic, well-meaning, elderly man with a poor memory" and "it would be difficult to convince a jury that they should convict him-by then a former president well into his eighties-of a serious felony that requires a mental state of willfulness."

Biden and his allies aggressively pushed back on concerns about his mental fitness in the report’s wake.

Republicans seeking the audio recording argue it would provide critical context about Biden’s state of mind. Democrats, meanwhile, have dismissed the request as a partisan attempt to politicize the Department of Justice (DOJ).

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The pursuit of Hur’s audio tapes is part of the House GOP’s wider impeachment inquiry into Biden, investigating allegations he used his political position to enrich himself and his family. Biden has denied accusations of wrongdoing.

And while the majority of Republicans have indicated they support the measure, Speaker Mike Johnson, R-La., has little wiggle room: He can only lose two votes on any party-line measure.

Two Republicans – Reps. Juan Ciscomani, R-Ariz., and Dan Newhouse, R-Wash., told Fox News Digital they are still unsure about how they'll vote.

"I still have to go through the final decision process. But if they've already released the transcripts, it doesn't seem to me like there's any legal leg to stand on to not release the actual videos. To me, that seems like something they should do," Newhouse said.

Ciscomani said, "I want to understand exactly the purpose behind that before I comment on it."

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House Freedom Caucus member Rep. Ralph Norman, R-S.C., criticized the moderates' indecision.

"If moderates don't agree that Merrick Garland needs to be censured by not turning over audio which solidifies whatever the testimony is, that would shock me," Norman said.

Rep. Anna Paulina Luna, R-Fla., said she would aim to force a vote on her own inherent contempt resolution against Garland if the DOJ fails to go after him if the Wednesday resolution passes. An inherent contempt resolution would direct the House's sergeant at arms to arrest its target rather than passing it to the DOJ.

"As of right now, we fully intend to bring it," Luna said. "I don't really have much faith in the Department of Justice. And I don't think the American people do either. But we are trying to bring back a level playing field and show that, you know, there should be accountability all the way up to the top."

Democrats, meanwhile, blasted the GOP effort. Rep. Jared Moskowitz, D-Fla., said, "This is what they want to do because they don't have the votes to impeach Joe Biden, right? That's why they did Merrick Garland. That's why they went after [Hunter Biden]. It's all trying to please their base because Congress doesn't want to do what Donald Trump wants, which is to impeach Joe Biden so they can have even scores."

Their targeting of Garland is part of a wider GOP effort to crack down on alleged weaponization of the DOJ by Biden’s officials. That also includes various pieces of legislation and public threats to defund various aspects of the department, including the special counsel currently investigating former President Trump.

Fox News Digital reached out to the DOJ for comment on the contempt resolution against Garland.

TRUMP GUILTY VERDICT REVEALS SPLIT AMONG FORMER GOP PRESIDENTIAL PRIMARY OPPONENTS

Garland took an indirect shot at Republicans’ pushback on the DOJ in a Washington Post op-ed on Tuesday morning.

"In recent weeks, we have seen an escalation of attacks that go far beyond public scrutiny, criticism, and legitimate and necessary oversight of our work. They are baseless, personal and dangerous," he wrote. "These attacks come in the form of threats to defund particular department investigations, most recently the special counsel’s prosecution of the former president."