House votes to impeach DHS Secretary Mayorkas over border crisis

Homeland Security Secretary Alejandro Mayorkas has been impeached by the House of Representatives.

A Cabinet secretary has not been impeached by the U.S. Congress since 1876.

Tuesday evening’s vote marked House Republicans’ second attempt at impeaching Mayorkas. GOP lawmakers targeted the Biden official over the ongoing migrant crisis at the U.S. border, accusing him of deliberately flaunting existing immigration law and worsening the situation. 

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The 214-213 vote was always expected to be tight; Mayorkas narrowly escaped impeachment last week when every single House Democrat showed up to shield him, including Rep. Al Green, D-Texas, who temporarily left the hospital where he was recovering from surgery to cast his vote. 

Three Republicans also voted down the effort – Reps. Mike Gallagher, R-Wis., Ken Buck, R-Colo., and Tom McClintock, R-Calif. 

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

Each criticized Mayorkas’ handling of the border but had reservations over whether it rose to the level of impeachment. McClintock warned it could set a precedent for political impeachments that could harm GOP officials in the future.

"Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans," McClintock said last week.

However, Speaker Mike Johnson, R-La., dismissed any concerns about precedent in comments to reporters hours before the vote on Tuesday.

"Mayorkas is an exceptional case in U.S. history," Johnson said, accusing him of having done more "damage on the country than any Cabinet secretary that's ever been."

He also addressed the very likely scenario that the impeachment would go nowhere in the Democrat-held Senate. 

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS’ IMPEACHMENT VOTE

"The House has a constitutional responsibility, as I've said many times. It's probably the heaviest next to a declaration of war. And we have to do our job regardless of what the other chamber does," Johnson said.

Two impeachment articles were approved against Mayorkas by the House Homeland Security Committee. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

The Department of Homeland Security criticized House Republicans for holding a second Mayorkas impeachment vote on Tuesday, citing comments by GOP lawmakers who have called the effort a waste of time.

"House Republicans’ baseless push to impeach Secretary Mayorkas has already failed once, with bipartisan opposition. If Members of Congress care about our national security, they should listen to their fellow Republicans and stop wasting time on this pointless, unconstitutional impeachment – time that could be spent addressing the issue by advancing bipartisan legislation to fix our broken immigration laws and provide needed resources for border security," the department said.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Biden met with chairman of Chinese energy firm Hunter did business with in 2017, ex-associate testifies

President Biden met with the chairman of the Chinese energy firm Hunter Biden sought to create a joint venture with at the Four Seasons in Washington D.C. in 2017, a former business partner of the first son told congressional investigators.

Rob Walker, a former business associate of Hunter Biden, testified at the House Oversight and Judiciary Committees earlier this month as part of the House impeachment inquiry against President Biden.

HUNTER BIDEN'S EX-ASSOCIATE TONY BOBULINSKI HEADS TO CAPITOL HILL THIS WEEK TO TESTIFY IN IMPEACHMENT INQUIRY

Walker, during his closed-door transcribed interview, told congressional investigators that Joe Biden attended a meeting where he, Hunter Biden, their other business partners and CEFC Chairman Ye Jianming were having lunch.

"I don’t remember the exact time, but I remember being in Washington, D.C., and the former vice president stopped by. We were having lunch," Walker testified, according to a transcript of his interview reviewed by Fox News Digital.

Walker said he did not know the "exact" date, but said "it was 20-probably-17 at some point."

"I can say it was for certain he was out of office," Walker said, referring to Joe Biden being out of the Obama administration at the time of the lunch.

HUNTER BIDEN WAS PAID $100K THROUGH JOINT-VENTURE WITH CHINESE ENERGY FIRM, EX-ASSOCIATE TESTIFIED

Walker said the lunch took place "at the Four Seasons in a restaurant in a private room."

"I’m certain—I’m certain Ye was there," Walker said, noting there were also other CEFC business partners.

Ye Jianming, at the time, was the chairman of Chinese energy company CEFC.

Walker said the purpose of the meeting was to discuss "ways we could work together."

"I don’t think we had structured a deal on how to work together at this point," Walker said, noting the meeting lasted "probably an hour and a half," but said Biden "was not" there for the entirety of the meeting.

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"The former vice president was not there the entire time. He was there maybe 10 minutes," Walker said. "He spoke nice, you know, normal pleasantries. I think he probably did most of the talking and then left." 

Walker testified that Biden addressed the entire group—which consisted of approximately 10 CEFC-linked individuals— during his visit.

Walker testified that the visit, and Biden’s appearance, "likely" took place before his Robinson Walker LLC received $3 million from State Energy HK Limited—a CEFC-linked entity.

But Walker maintained that Joe Biden was not involved in any of his business ventures with Hunter Biden, despite his appearance at the lunch.

Walker did, however, say that early correspondence to CEFC was sent on behalf of the group—which included himself, James Gilliar, Jim Biden, and Hunter Biden—by Hunter Biden.

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

"He had an interesting last name that would probably get people in the door," Walker said.

When pressed again as to why correspondence came from Hunter Biden, Walker testified: "It had just seemed—if a U.S. entity was going to have a foreign national represent them, It would probably make more sense to come from Hunter versus me."

"Because he’s the son of the vice president at the time, correct?" Walker was asked.

"He is the son of a vice president at the time, yes," Walker replied.

"So it made more sense to get this business deal to put him as the front-facing person, right?"

Walker replied: "Yes." 

The House Oversight Committee told Fox News Digital that it can "now confirm Joe Biden met with nearly every foreign national who funneled money to his son, including Russian oligarch Yelena Baturina, Romanian oligarch Kenes Rakishev, Burisma’s corporate secretary Vadym Pozharsky, Jonathan Li of BHR, and CEFC Chairman Ye Jianming."

Biden attended dinners at Washington D.C. restaurant Cafe Milano in Georgtown with Baturina, Rakishev and Pozharsky in 2014 and 2015. Biden also met with Li of BHR in China in 2013. Biden met with Ye at the meeting in 2017, according to testimony from Hunter Biden's ex-business partners Rob Walker and Devon Archer. 

JOE BIDEN RECEIVED $40K IN 'LAUNDERED CHINA MONEY' FROM BROTHER IN 2017, COMER SAYS

The revelations come ahead of highly-anticipated testimony from another ex-business associate of the first son--Tony Bobulinski. 

Bobulinski is set to testify behind closed doors Tuesday at 10:00 a.m. at the House Oversight and Judiciary Committees. 

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

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

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

HUNTER DEMANDED $10M FROM CHINESE ENERGY FIRM BECAUSE 'BIDENS ARE THE BEST,' HAVE 'CONNECTIONS'

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

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

The meeting on May 2, 2017, would have taken place just 11 days before the now-infamous May 13, 2017, email, which included a discussion of "remuneration packages" for six people in a business deal with a Chinese energy firm. The email appeared to identify Biden as "Chair / Vice Chair depending on agreement with CEFC," in a reference to now-bankrupt CEFC China Energy Co.

The email includes a note that "Hunter has some office expectations he will elaborate." A proposed equity split references "20" for "H" and "10 held by H for the big guy?" with no further details.

Bobulinski has repeatedly said "the big guy" was Joe Biden. IRS whistleblowers Gary Shapley and Joseph Ziegler, who claimed that politics had influenced the years-long federal investigation into Hunter Biden, also said "the big guy" was known to be Joe Biden.

The president's brother, Jim Biden, is expected to testify on Feb. 21. Hunter Biden is expected to appear for his deposition on Feb. 28. 

GOP Rep. Mike Gallagher announces retirement from House: ‘Congress is no place to grow old’

Wisconsin Republican Rep. Mike Gallagher announced Saturday that he will not seek re-election to his post in the House.

"Eight years ago, when I first ran for Congress, I promised to treat my time in office as a high-intensity deployment. Through my bipartisan work on the Armed Services and Intelligence Committees, chairing the Cyberspace Solarium Commission, and chairing the Select Committee on the Chinese Communist Party, we’ve accomplished more on this deployment than I could have ever imagined," Gallagher said in a statement.

"But the Framers intended citizens to serve in Congress for a season and then return to their private lives," the congressman continued. "Electoral politics was never supposed to be a career and, trust me, Congress is no place to grow old. And so, with a heavy heart, I have decided not to run for re-election."

LEADING HOUSE REPUBLICAN ANNOUNCES RETIREMENT FROM CONGRESS: 'PRIVILEGE OF MY LIFE'

Earlier this week, Gallagher was one of just three Republican House members to vote against the impeachment of Department of Homeland Security Secretary Alejandro Mayorkas, joining with all House Democrats and preventing the measure from going forward.

In his statement, Gallagher, who has represented Wisconsin's 8th Congressional District in the House since 2017, also offered his appreciation for those who supported his career over time.

"Thank you to the good people of Northeast Wisconsin for the honor of a lifetime. Four terms serving you has strengthened my conviction that America is the greatest country in the history of the world. And though my title may change, my mission will always remain the same: deter America’s enemies and defend the Constitution."

In comments provided to the Milwaukee Journal Sentinel, Gallagher said he plans to leave Congress and enter the private sector to spend more time with his family.

"I really just feel like I’ve accomplished much more than I even thought I could when I set out, and I firmly don’t believe that the best use for the next chapter of my career is staying in Congress for another decade," Gallagher told the outlet.

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"Even though my title may change, my job may change, my mission is always going to remain the same," he added. "My mission is to prevent World War III. I’ve dedicated myself to restoring conventional deterrence in order to prevent a war with China, and so whatever I do next will be an extension of that mission."

The announcement from Gallagher, who served as a United States Marine Corps intelligence officer, comes after a handful of other Republicans recently announced their intentions to retire from Congress.

Rep. Cathy McMorris Rodgers, R-Wash., announced Thursday that she will not be seeking re-election to the House this year, saying in a post to social media that "the time has come to serve the people of Eastern Washington in new ways."

Gallagher's current term expires on Jan. 3, 2025.

Hunter Biden was paid $100K through joint-venture with Chinese energy firm, ex-associate testified

Hunter Biden was paid $100,000 a month and James Biden was paid $65,000 a month in 2017 from their joint-venture with Chinese Communist Party-linked Chinese energy firm CEFC, a former associate testified to the House Oversight and Judiciary Committees.

Mervyn Yan, who testified behind closed doors at the committees last month, said he did not know the nature of the work the Bidens provided, according to a transcript of the testimony obtained by Fox News Digital.

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Yan testified that he met Hunter Biden and James Biden in May 2017 through a CEFC business partner Gongwen Dong, also known as "Kevin." Yan said that meeting lasted less than 15 minutes, but that it was the impetus for the joint-business venture, Hudson West III, with the Bidens.

Yan said the business venture was intended to facilitate the investment of Chinese energy infrastructure firms – like CEFC – into U.S. energy companies in exchange for energy exports to China.

"It was in May 2017, four of us. And then Kevin asked me to come to a meeting. And then eventually we met. I met Hunter Biden and James Biden and Kevin, just four of us… in Midtown. That was a relatively quick meeting, roughly 15 minutes, because I noticed the time because I couldn’t even get a water in that place," Yan told the committees.

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

"So basically we shake hands and basically say we can work together," Yan continued, adding that he would be "sort of like on-the-ground person who executes and pretty much sources the infrastructure deals." Yan said he would be "working closely with Hunter."

Yan was asked what he thought Hunter Biden "brought to the table" in the joint-venture.

"I don’t know," Yan testified. "I don’t know what he can contribute."

Yan said he did not know if Hunter Biden had "knowledge" in the energy infrastructure field.

Yan said Hunter Biden was given a $500,000 retainer, and then paid $100,000 per month. Yan also testified that Hunter Biden had been working for CEFC prior to their introductory meeting, but did not know for how long.

JOE BIDEN RECEIVED $40K IN 'LAUNDERED CHINA MONEY' FROM BROTHER IN 2017, COMER SAYS

Hunter Biden, though, in correspondence that was shown to Yan during his interview last month, initially requested $30 million for introductions in the industry.

Fox News Digital last year reported correspondence between Hunter Biden and Gongwen Dong, in which the first son demands $10 million to "further the interest" of the joint-venture, saying that the "Bidens are the best I know at doing exactly" what the chairman of the CCP-linked firm wanted. 

"The Biden's [sic] are the best I know at doing exactly what the Chairman wants from this partnership," Hunter Biden writes in the WhatsApp message. "Please let’s not quibble over peanuts."

According to a September 2020 report released by the Senate Homeland Security Committee and Senate Finance Committee on their investigation into Hunter Biden’s foreign business dealings, Ye Jianming, Gongwen Dong and other Chinese nationals that Hunter Biden had business associations with were linked to the Chinese Communist government and the People's Liberation Army.

That Senate report, showed that on Aug. 8, 2017, just days after this WhatsApp message, CEFC wired nearly $5 million to the bank account for Hudson West III, a firm that Hunter Biden opened with Chinese associates.

"These funds may have originated from a loan issued from the account of a company called Northern International Capital Holdings, a Hong Kong-based investment company identified at one time as a ‘substantial shareholder’ in CEFC International Limited along with Ye," the report stated. "It is unclear whether Hunter Biden was a half-owner of Hudson West III at the time."

The report also stated, "the same day the $5 million was received, and continuing through Sept. 25, 2018, Hudson West III sent request payments to Owasco, Hunter Biden’s firm." The report stated the payments were described as consulting fees and reached "$4,790,375.25 in just over a year."

Meanwhile, Yan testified that none of the five infrastructure deals he worked on with the Bidens in 2017 came to fruition, but said Hunter and James Biden were still compensated for their work in attempting to bring business.

Yan testified as part of the House impeachment inquiry against President Biden.

Yan told congressional investigators that Joe Biden was not involved in the joint-venture, and said neither Hunter nor James Biden ever suggested he would be involved.

HUNTER DEMANDED $10M FROM CHINESE ENERGY FIRM BECAUSE 'BIDENS ARE THE BEST,' HAVE 'CONNECTIONS'

Yan also testified that he was not aware of any funds from the joint-venture going to Joe Biden. Yan maintained that he was never in contact with Joe Biden, and that Hunter and James Biden did not discuss the then-former vice president in their conversations.

Yan was pointedly asked if he was ever told that he could receive political favors from Joe Biden if he engaged in business with Hunter Biden, to which he replied in the negative.

"Did you engage in a business relationship with Hunter and James with the expectation that you would receive political favors from Joe Biden?" Yan was asked.

"No," Yan said.

After his interview last month, House Oversight Committee Chairman James Comer, R-Ky., pointed to Yan’s testimony in which he "admitted on the record the Bidens had no experience in the energy and infrastructure sectors and was not sure what they brought to the table."

Comer has stressed that evidence collected by congressional investigators reveals that President Biden "was at least aware of some of his family’s business ventures and sought to influence potential business deals that financially benefited his family."

Yan’s testimony came as the committee continues to interview former business associates of Hunter Biden. Next up is Tony Bobulinski on Feb. 13. Then, James Biden will appear for a closed-door deposition on Feb. 21, and Hunter Biden's deposition is set for Feb. 28.

Gaetz says George Santos ‘never missed more’ following failed Mayorkas ouster

Republican Florida Rep. Matt Gaetz said his former colleague George Santos has never been missed more following a failed impeachment vote.

The GOP failed to impeach Secretary of Homeland Security Alejandro Mayorkas on Tuesday after three Republicans defected from the party line and voted against the measure.

"As I am watching that board, and it’s 215-215, I have never missed George Santos more," Gaetz told Newsmax.

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

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

The final vote came to 214-216 after Democratic Texas Rep. Al Green showed up on the House floor in scrubs to vote against the measure.

Santos was expelled from the U.S. House of Representatives on Dec. 1 because of charges he faces related to allegations of defrauding campaign contributors and, according to a House Ethics Committee Report, using campaign funds to purchase luxury items and spa treatments.

HERE ARE THE 3 HOUSE REPUBLICANS WHO TORPEDOED MAYORKAS' IMPEACHMENT VOTE

"I also wondered, wouldn’t it have been nice to still have Kevin McCarthy in the House of Representatives? Never thought you’d hear me say that," the Florida representative said. 

McCarthy announced in early December that he would step down, two months after his historic ouster as House speaker. 

The announcement capped a stunning end to a House career for the one-time deli counter owner, who ascended through state and national politics to become second in line to the presidency, until a cluster of hard-right conservatives engineered his removal in October.

"Kevin McCarthy — after being dislodged as speaker — took his marbles and went home," Gaetz added during his appearance.

McCarthy's departure set off a scramble to replace him that is being sorted out in court. A state judge earlier ruled that a McCarthy protégé, Republican Assemblyman Vince Fong, could appear on the ballot as a candidate for the former speaker's seat, even though he earlier filed for reelection for his Assembly seat. That decision is being appealed by the state.

McCarthy is the only speaker in history to be voted out of the job.

Fox News' Greg Wehner, Adam Shaw and The Associated Press contributed to this report.

‘Frustrated’ Republicans leave Capitol Hill after back-to-back defeats on Mayorkas impeachment, Israel aid

House Republican leaders failed to pass two of their major policy bills Tuesday night, a blowup so massive it left GOP lawmakers irritated upon leaving Washington for a long weekend Wednesday morning.

"Some people are frustrated. Very few people are surprised," Rep. Jack Bergman, R-Mich., said.

The House GOP conference, dealing with highly divided factions and a razor-thin majority, is again at odds after narrowly failing to impeach Homeland Security Secretary Alejandro Mayorkas. It was followed by the defeat of a standalone Israel aid bill that Speaker Mike Johnson, R-La., had announced over the weekend.

"An unmitigated disaster" was how Rep. Thomas Massie, R-Ky., described the situation to Fox News Digital. "I don't think either of those votes moved our party or our country forward."

JOHNSON CAUGHT BETWEEN WARRING HOUSE GOP FACTIONS: ‘DRIFTING TOWARD MOB RULE'

He argued that ousted former Speaker Kevin McCarthy, R-Calif., would not have brought the bills to the floor if he was uncertain of their passage.

"I don't think we would have had that vote on Israel. I mean, what did it accomplish? And then I think it was embarrassing to lose the vote on Mayorkas. And I think [under McCarthy] we would have either had the votes for it or we wouldn't have voted on it," Massie said.

Some have blamed Johnson for bringing the bills to the floor, while others attacked the three House Republicans who voted against impeaching Mayorkas.

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"Are we in the majority? I'm not sure. Because it doesn't seem like it. We're not acting like it," Rep. Troy Nehls, R-Texas, told Fox News Digital. "You’ve gotta know how to count votes, I guess. But, hey, listen, I know that [Johnson] wanted the job. He can have the job."

Republicans were poised to impeach Mayorkas Tuesday night until Rep. Al Green, D-Texas, who was recovering from surgery, made a surprise appearance still wearing hospital clothing to tie the vote. It seemed to catch GOP leaders and even some Democrats by surprise.

Meanwhile, Rep. Andy Biggs, R-Ariz., one of the eight Republicans who voted to oust McCarthy, warned Johnson he was following a similar path as the ex-leader by putting an Israel aid bill up for a vote without offsetting its cost with spending cuts elsewhere.

The House previously passed a $14 billion Israel aid bill that would’ve been offset by cuts to IRS spending, but the measure was never taken up by the Senate.

"The best thing I thought the speaker did was the Israel funding with a pay-for, because that had a chance to break what I call a suboptimal path that we've been locked into for decades here," Biggs said. "I thought, what a shame it is that you had this big victory, you know, which actually made you different than McCarthy, and then you reverted back to this last night."

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

Rep. Nancy Mace, R-S.C., who also voted to oust McCarthy, said her frustration was with the Republicans who were not on board with impeachment.

"This is a defining moment for our nation, and we have the policies to fix this dire situation, and you’re going against those policies? I don't know how you go home with that," Mace said. "I made the right vote. … I'm voting the will of the people. The people who voted against that, Democrats and Republicans alike, they have to take that home."

Freshman Rep. Mike Collins, R-Ga., fumed over the Mayorkas impeachment’s failure.

"We should’ve taken that sorry rascal out," he said. 

But Collins said he did not see a difference between House Republicans’ status under McCarthy versus Johnson.

"It's basically the same. And, to Johnson's credit, man, you know, he was voted in, and he was already behind the eight ball," Collins said. "So, he's gonna have to take a few shots to get back into position."

Fox News Digital has reached out to Johnson's office for comment.

Shooting blanks: How Republicans misfired when they tried to impeach Mayorkas

"There is nothing more exhilarating than to be shot at with no result." – Winston Churchill

Late Secretary of War William Belknap can rest easy. He remains the sole U.S. cabinet official ever impeached. 

For now.

The House impeached Belknap in 1876. 

The House failed to impeach Homeland Security Secretary Alejandro Mayorkas in 2024.

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

For now. 

Belknap’s ignominious status in American history is still in tact because – get this – a lawmaker required emergency surgery. Then when the infirm member unexpectedly surfaced at the Capitol, the House lacked the votes to propel Mayorkas into that elite pantheon occupied only by Belknap.

The Hippocratic Oath may read "do no harm." But it says nothing about hurting impeachment.

Republicans made impeachment of Mayorkas the touchstone of the 119th Congress. And after much braying about the border, the performance of Mayorkas and a myriad of other grievances, the House GOP stumbled when it really mattered. 

It failed to impeach Mayorkas.  

The vote was tight. Tighter than a new pair of shoes on a rainy day, as yours truly said live on the air during the vote.

215 yeas. 215 nays.

Three Republicans voted nay: Reps. Mike Gallagher (R-Wis.), Tom McClintock (R-Calif.) and Ken Buck (R-Colo.). 

But by rule, a tie vote loses in the House. 

Suddenly House Republican Conference Chairman Blake Moore (R-Utah), the fifth highest-ranking GOPer, switched his vote to nay.

Four Republican noes! 

The vote tally flipped to 214 yeas to 216 nays.

The gig was up. The House would not impeach Mayorkas.

SEN. RAND PAUL SLAMS GOP LEADERSHIP FOR 'DRAGGING' CAUCUS INTO 'DEAD' BIPARTISAN BORDER BILL WITH DEMOCRATS

So why would Moore, a senior member of the leadership, change his vote? A change of heart? Was this "Invasion of the Body Snatchers?" Was he turning rogue against his own party?

None of the above. 

Moore’s "nay" vote against impeaching Mayorkas deserves an asterisk compared to the votes of Gallagher, McClintock and Buck. Moore wants to impeach Mayorkas. In fact, Moore’s maneuver preserved the Republican gambit to potentially impeach Mayorkas in the future.

To wit:

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

Moore was a yea – but on the losing side. Gallagher, McClintock and Buck certainly weren’t going to move to order a re-vote. They opposed impeachment. So, someone on the GOP leadership needed to switch their vote to nay to potentially resuscitate the Mayorkas impeachment plan. 

Moore altered his vote to no. Not because he opposes impeaching Mayorkas. But now he was on the "winning" side." House Republicans could summon the Mayorkas impeachment vote again. In fact, House Majority Leader Steve Scalise (R-La.) probably would have changed his vote had he been present. But Scalise is out for cancer treatments and has not voted this year. Republicans might have the votes when Scalise returns. Republicans could also have reinforcements if the GOP wins the special election on Long Island next week. Republicans hope GOP nominee Mazi Melesa Pilip defeats former Rep. Tom Suozzi (D-N.Y.) for the vacant seat once held by expelled former Rep. George Santos (R-N.Y.). Then Republicans might have the votes to impeach.

Scalise will be back. But if Suozzi defeats Pilip, it’s possible Republicans may never have the votes to impeach Mayorkas. 

House Republicans badly bungled impeachment. They violated a fundamental tenet of Capitol Hill.

It’s always about the math.  

The House took two roll call votes earlier on Tuesday. A total of 425 members in the 431 member House cast ballots. After the House finished a lengthy debate on impeaching Mayorkas, it was time to hold another vote series. However, Republicans made a decision not to vote on impeachment first. The House instead voted first on the "Chesapeake and Ohio Canal National Historical Park Commission Extension Act."

That proved to be a tactical error by the GOP. It created a false sense of security about the Mayorkas vote. 

Republicans wanted the House to vote first on the Chesapeake and Ohio Canal bill to get a sense of the universe of members voting. The canal bill would serve as a "test" vote to determine how many Republicans the majority could lose on impeachment.

Wise move. But it backfired. 

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Putting the canal bill first may have sunk impeachment.

Cry me a river. 

The House approved the bill about the Chesapeake and Ohio Canal 427 to 2. So the total number of members voting rose from 425 earlier in the day to a new high-water mark of 429. There were two absences. Scalise and Rep. Al Green (D-Texas) who was out for surgery.

But that’s where the problem came. 

Republicans didn’t count on Green voting. Aides and medical attendants dramatically rolled Green into the Capitol in a wheelchair. He wore a blue hospital gown and tan footies. 

The universe of members casting ballots suddenly swelled to 430 as Green cast his ballot against impeachment. 

A senior House Democratic aide confided to Fox that putting the vote on the Chesapeake and Ohio Canal helped the Democrats "hide" Green. That lured Republicans into a state of illusory comfort. They thought they had the votes to impeach, unaware that Democrats were about to thwart them.

Green may have been prone on a hospital gurney earlier in the day. But that didn’t mean he couldn’t put impeachment to bed. 

"He made it clear to me that it was important for him to be present to cast a vote against this sham impeachment led by (Rep.) Marjorie Taylor Greene (R-Ga.), targeting a hard-working public servant like Secretary Mayorkas," said House Minority Hakeem Jeffries (D-N.Y.). 

Jeffries noted that he did not request that Green swoop in to short-circuit the impeachment vote. This was all on Green.

And so Republicans had a choice. Either let the vote fail 215-215. Or safeguard their options for later.

The GOP chose the latter.

Of course, impeachment resolutions are "privileged." That means any member could just put forth an impeachment plan again and the House would have to take it up. But by maintaining the current articles, the GOP also conserves the current investigation, committee report and other documents. This also gives Republicans more credibility if and when they present their impeachment articles to the Senate during a possible trial.

The House has only defeated articles of impeachment once before. The House only adopted two of the articles of impeachment leveled against former President Clinton in December 1997.

So Republicans may try impeachment again in the future. Maybe Scalise is here. Maybe Pilip wins. But you can never know exactly how many people are going to show up in the House.

You try to get 431 people in the same room at the same time. Members are always away for random reasons. Illness. Family commitments. Funerals. Events in the district. You name it. 

So Republicans took a shot at Mayorkas. And missed.

For now.

As Churchill said, that must be an exhilarating feeling for Mayorkas. 

Republicans took their shot. And got no result.

Foiled by a man in a hospital gown.

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

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

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

FOUR HOUSE REPUBLICANS VOTE AGAINST IMPEACHMENT OF ALEJANDRO MAYORKAS

To wit: 

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

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

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

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

At least on Tuesday night.

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

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

WHY DID THE HOUSE FAIL TO IMPEACH MAYORKAS?

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

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

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

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

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

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

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

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

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

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

House tees up vote on impeaching Mayorkas over border crisis

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

A Cabinet secretary has not been impeached since 1876.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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