Senate prepares for Mayorkas impeachment articles while GOP braces for possible dismissal motion

The Senate is preparing to receive articles of impeachment from the House of Representatives for Department of Homeland Security Secretary Alejandro Mayorkas. The looming question remains over what Democrats – who are in the majority in the upper chamber – will look to do after being sworn in as jurors on Wednesday.

Senate Republicans are turning up the pressure on their Democrat counterparts as they warn that Democrats will look to use a procedural maneuver to quickly table a trial against Mayorkas, effectively killing it.

Impeachment managers for the House are going to physically walk the House-passed articles over to the Senate and deliver them to Majority Leader Chuck Schumer, D-N.Y., at 2:15 p.m. on Tuesday, Speaker Mike Johnson's office told Fox News Digital.

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Following the article delivery, several Republicans, including Sen. Mike Lee, R-Utah, will hold a press conference with some of the selected House impeachment managers. 

The process was initially planned to begin with delivery on Wednesday last week, but GOP senators convinced Johnson to hold off on sending the articles in order to set a trial in motion earlier in the week and not ahead of a weekend when lawmakers would be eager to fly home.

The articles passed through the House in February, and as Republican senators waited for their arrival in the upper chamber, it's given them time to pressure their Democrat colleagues, particularly those up for reelection who face competitive races in November. With the border becoming a top issue in states across the country, several vulnerable Democrats find themselves in a difficult position when it comes to entertaining a full impeachment trial against Mayorkas.

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All eyes are on Sens. Bob Casey, D-Pa., Sherrod Brown, D-Ohio, Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., and Jon Tester, D-Mont., ahead of any potential motions to table or otherwise dismiss the impeachment trial after senators are sworn in on Wednesday. Aside from Rosen, who said she would like to see the articles dismissed, the other Democrats didn't say what they would do if such a motion was under consideration.

It's also unclear whether Sens. Mitt Romney, R-Utah, Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, will go along with the largely united GOP's quest to see a full trial through. Most recently, Romney questioned whether there were any high crimes or misdemeanors committed, suggesting a policy difference didn't warrant impeachment.

These few senators will ultimately decide what happens upon swearing in, as the Senate's party split is narrow at 49-51.

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In an effort to force senators to allow a full trial, a number of Senate Republicans are planning to potentially halt all legislative business in the upper chamber by objecting to regular proceedings. With many noting that unanimous consent is necessary to keep the Senate moving, Republicans are preparing to object to traditionally uncontested actions that are taken to expedite Senate action and avoid wasting time.

In a floor speech on Monday, Senate Democrat Whip Dick Durbin, D-Ill., urged dismissal of the impeachment articles.

"Instead of doing their job and working to find legislative solutions to complex, challenging problems, too many Republicans have decided that impeachment of a Cabinet official for actually doing his job is a better exercise of time," he said.

He pleaded with his fellow senators to "quickly dispose of these unjustifiable articles of impeachment."

Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors

The White House is not taking any cues from Republicans who have advised President Biden to withdraw a controversial judicial nomination.

Instead, it's digging in its heels to lobby Democratic senators to support Adeel Mangi for the 3rd Circuit Court of Appeals. 

A White House official updated Fox News Digital on the status of Mangi's nomination, which has been scrutinized over his ties to two groups, one accused of antisemitism and another that has supported "cop killers," as Republican critics have alleged. 

Biden is not considering withdrawing the judicial nomination despite a call from Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C. 

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Mangi served on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR) from 2019 to 2023. The center has been accused by Republicans of antisemitism due to its sponsored events and speakers. One such event was held on the 20th anniversary of the Sept. 11, 2001, terrorist attacks and featured controversial speakers like Hatem Bazian, who in 2004 called for an "intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian.

In 2006, Al-Arian pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department

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Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad, was also hosted at a CSRR event. 

The Alliance of Families for Justice (AFJ), whose founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died following an armored truck robbery, features Mangi as a current advisory board member. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

As pressure has been applied by Republican lawmakers and an ad campaign from Judicial Crisis Network targets vulnerable Senate Democrats, Biden's nominee has begun to lose support from his party. Senators Catherine Cortez Masto, D-Nev., and Jacky Rosen, D-Nev., have come out publicly against Mangi, citing his AFJ affiliation. 

Sen. Joe Manchin, D-W.Va., has also complicated the nomination by claiming he won't support anyone who can't garner at least one Republican supporter. 

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"The opposition to Adeel Mangi — in and outside the Senate — is growing by the day," a spokesperson for the Senate Judiciary Republicans told Fox News Digital in a statement. 

"It’s clear the math is not there for the White House," the statement added, calling Biden's decision not to withdraw Mangi's nomination "puzzling indeed."

White House spokesperson Andrew Bates pushed back in a statement to Fox News Digital. 

"President Biden is proud to have chosen Adeel Mangi," he said, calling Mangi "an extraordinarily qualified nominee" and noting he "would make history on the bench" as the first Muslim in such a position.

"The Senate Judiciary Committee has approved Mr. Mangi’s nomination, and the rest of the Senate should side with what makes America the greatest nation on Earth and support him, not cave to vicious, undignified attempts to drag America into the past," Bates added. 

White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel and White House senior counsel in charge of nominations Phil Brest, continue to press senators to support Mangi, who would be the first Muslim federal appellate court judge, a White House official revealed. 

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

Through these officials, the White House is persisting and pushing back on the concerns over Mangi's two group affiliations in question, telling senators they are false and a smear campaign. They are also reiterating to lawmakers that the nominee is qualified for the role. 

Senate Judiciary Chariman Dick Durbin, D-Ill., will also keep up pressure on his colleagues to support Mangi and dismiss what he also considers to be a smear campaign. 

"The treatment of this nominee before the Senate Judiciary Committee has reached a new low in many ways," he said in a recent speech on the chamber floor, insinuating Mangi's status as a Muslim is the reason for opposition to his confirmation.

If Biden does not withdraw Mangi's nomination and it is not scheduled for a confirmation vote in 2024, the nomination will expire on its own. In this case, he would need to be nominated again in the next Congress. 

The nomination has not yet been scheduled for a vote by Senate Majority Leader Chuck Schumer, D-N.Y., who has noted his own support for Mangi but hasn't given any indication whether he plans to schedule a vote. 

Republican strategist Ron Bonjean, a former spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference, said it was "unlikely" Mangi's nomination survives a Senate confirmation. 

"The White House has not put up an aggressive defense of Mangi, which is really sending my message that he should withdraw [on] his own," said Bonjean, who also ran communications for the Senate confirmation of Supreme Court Justice Neil Gorsuch. "Unless the Biden administration changes its strategy, the Mangi nomination is dead in the water."

Mangi did not provide comment to Fox News Digital.

Sen Ernst cites Jewish student discrimination in bid to protect free speech on campuses

FIRST ON FOX: Sen. Joni Ernst, R-Iowa, is looking to crack down on universities that receive federal funding but discriminate against students based on their viewpoint in a new attempt to protect free speech on college campuses. 

The Iowa Republican will introduce a new bill on Thursday, the Students Bill of Rights Act of 2024, which would safeguard free speech on public campuses.

'EXPECT NPR TO SUFFER’ UNDER GOP ADMIN: REPUBLICANS RENEW CALL TO DEFUND OUTLET AMID BIAS SCANDAL

"Freedom of speech is a core American value that our heroes fought and died to secure – we must protect it for future generations," Ernst said in an exclusive statement to Fox News Digital. "I want college students in Iowa and across America to engage in debates, challenge their ideas, and express their viewpoints freely, without facing discrimination or abuse. Echo chambers only serve to stunt the developing mind."

MORE THAN 40 SENATE REPUBLICANS CALL FOR MAYORKAS IMPEACHMENT TRIAL IN LETTER TO SCHUMER

According to Ernst's office, the measure was prompted in part by concerns over the free expression of Jewish and pro-Israel students at various schools across the country amid the war between Israel and terrorist group Hamas.

HANDFUL OF VULNERABLE DEMS WILL DECIDE FATE OF MAYORKAS IMPEACHMENT TRIAL

The goal of the Iowa Republican's bill is to push back on "left-wing activists on college campuses," who she accuses of eroding First Amendment rights, as well as attacks on Jewish students, her office said.

Ernst's bill proposes a universal speech and association protection standard for any public universities and colleges that receive funding through Title IV. 

BIPARTISAN SENATORS PUSH BACK AS KEY DEM SIGNALS DOOM FOR TIKTOK BILL

It addresses four areas to protect students from viewpoint discrimination. The measure specifically carves out provisions to assure students are assisted in finding faculty sponsors or otherwise gaining recognition at their schools; mandates institutions to disclose fund distribution and security fee charges to student organizations; mandates institutions similarly disclose policies in place to protect guest speakers; requires institutions to implement disciplinary measures for any students who threaten the safety of speakers invited to campuses. 

Since the onset of the Israeli war in Gaza, higher-education institutions have become hotbeds for anti-Israel demonstrations. Prestigious schools have been accused of allowing threats and attacks against Jewish students to occur, even prompting a congressional hearing. 

At the same time, a group created to express support for Israel recently faced difficulty in its quest to gain recognition at Columbia University Law School, illustrating the obstacles for some students to organize. After initially being denied by the law school's Senate, Law School Students Against Antisemitism was ultimately approved for recognition as a student organization in February after a re-vote. 

More than 40 Senate Republicans call for Mayorkas impeachment trial in letter to Schumer

FIRST ON FOX: Dozens of Republican senators are calling on Senate Majority Leader Chuck Schumer. D-N.Y., to make sure a full impeachment trial is held for Homeland Security Secretary Alejandro Mayorkas.

In a letter exclusively obtained by Fox News Digital, 43 GOP senators led by Sen. Lindsey Graham, R-S.C., demanded "that the Senate uphold its constitutional responsibility to properly adjudicate the House of Representatives’ impeachment."

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The correspondence comes as Republicans have accused their Democratic colleagues of planning to initiate a motion to table the impeachment trial when it reaches the Senate, effectively killing it.

Schumer’s office did not immediately provide comment to Fox News Digital.

HANDFUL OF VULNERABLE DEMS WILL DECIDE FATE OF MAYORKAS IMPEACHMENT TRIAL

The letter was also signed by nearly the entire Republican conference. 

The signers included Minority Leader Mitch McConnell of Kentucky, Minority Whip John Thune of South Dakota, Republican Conference Chairman John Barrasso of Wyoming, Sens. Marsha Blackburn of Tennessee, Ted Budd of North Carolina, Shelley Moore Capito of West Virginia, John Cornyn of Texas, Tom Cotton of Arkansas, Mike Crapo of Idaho, Steve Daines of Montana, Deb Fischer of Nebraska, John Hoeven of North Dakota, Cindy Hyde-Smith of Mississippi, Mike Lee of Utah, Jerry Moran of Kansas, Pete Ricketts of Nebraska, Mike Rounds of South Dakota, Marco Rubio of Florida, Eric Schmitt of Missouri, Dan Sullivan of Alaska, Thom Tillis of North Carolina, Roger Wicker of Mississippi, Josh Hawley of Missouri, John Boozman of Arkansas, John Kennedy of Louisiana, Ted Cruz of Texas, Bill Hagerty of Tennessee, James Risch of Idaho, Cynthia Lummis of Wyoming, Tim Scott of South Carolina, Chuck Grassley of Iowa, Ron Johnson of Wisconsin, Rick Scott of Florida, Markwayne Mullin and James Lankford of Oklahoma, Todd Young of Indiana, Katie Britt of Alabama, Joni Ernst of Iowa, JD Vance of Ohio, Roger Marshall of Kansas, Kevin Cramer of North Dakota, and Mike Braun of Indiana.

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

Notable non-signers are Sens. Lisa Murkowski, R-Alaska, Susan Collins, R-Maine, and Mitt Romney, R-Utah, who have each criticized the House's effort to impeach Mayorkas. Romney reiterated this week that he didn't see any high crimes or misdemeanors that would warrant the impeachment trial. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

House Speaker Mike Johnson, R-La., agreed to deliver the articles of impeachment against Mayorkas to Schumer next week, rather than Wednesday as initially planned. He was persuaded to delay the delivery by several GOP senators, who did not want a trial initiated at the end of the week, when senators would be looking to quickly get on flights back to their respective states. 

When the articles are brought to the Senate, they will set a certain procedure into motion and all senators will be sworn in as jurors. The concern among Republicans is that Schumer and Senate Democrats will seek to use a procedural maneuver to quickly off-ramp the trial. A motion to table, which could pass with a simple majority of 51-49, would kill hopes of a full trial. 

A group of Senate Republicans is planning to potentially hold up all legislative business in the upper chamber if Schumer doesn't allow a full trial to play out. Because the Senate relies on unanimous consent among members for much of the business conducted, such a protest would make it virtually impossible for anything to get through the body. 

While Republicans have made clear they expect Democrats to seek a quick dismissal of the impeachment trial proceedings, Schumer has not indicated the caucus' plans. 

Handful of vulnerable Dems will decide fate of Mayorkas impeachment trial

A handful of Democratic senators in vulnerable election contests in November could decide whether there's an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas.

"We have to look at the impeachment documents first," Sen. Jon Tester, D-Mont., told reporters Tuesday in a departure from his previous suggestion the impeachment amounted to "political games."

The Montana Democrat is in the throes of arguably the most competitive Senate election matchup in 2024. He is expected to face former Navy SEAL Tim Sheehy. The race is one of four "toss-ups," according to leading non-partisan political handicapper The Cook Political Report. 

Sen. Bob Casey, D-Pa., also left his options open for how he would vote if Democrats seek a quick procedural off-ramp for the trial, which Republicans expect.

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"We'll see what transpires from there, once being sworn in," Casey told Fox News Digital. "I don't think anyone knows what will transpire."

Casey faces a significant challenge in the battleground state of Pennsylvania, where the likely Republican nominee is Dave McCormick, a former hedge fund executive and combat veteran. The Cook Political Report has the contest rated "lean Democratic." 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

In keeping with their fellow vulnerable colleagues, senators Tammy Baldwin, D-Wis., and Sherrod Brown, D-Ohio, each avoided saying what they plan to do if a motion to table the impeachment trial is put forward.

"I am not as convinced as you are that the question before the Senate will be a tabling question. I know the press is saying that. I have not heard that," Baldwin told Fox News Digital. 

Numerous Democrats recently shared their expectations with Fox News Digital that their caucus will look to quickly dismiss the impeachment trial via a procedural maneuver. Senate Republicans have also accused Senate Majority Leader Chuck Schumer, D-N.Y., of planning to do so. However, Schumer has given no indication about his plans for an impeachment trial. 

"They still haven't sent anything over. How do you know they're going to?" Brown asked, referencing the House.

Speaker Mike Johnson, R-La., decided Tuesday to delay sending impeachment articles against Mayorkas to Schumer until next week. He did so at the request of several GOP senators who did not want the impeachment trial proceedings to take place at the end of the week, when senators will be heading home. 

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"Why don't we actually do something on the border instead of waiting for the dysfunctional House to send over impeachment articles for the first time in 100 years?" Brown asked. Similar to Tester, Brown is embroiled in a "toss-up" race against Trump-endorsed GOP nominee Bernie Moreno.

Baldwin's matchup, like Casey's, is considered "lean Democratic." The frontrunner for the GOP nomination in Wisconsin is businessman Eric Hovde.

Sen. Jacky Rosen, D-Nev., told Fox News Digital she wants to see the impeachment trial dismissed. 

"We should dismiss this," she said Wednesday. 

Rosen's race was recently moved from "lean Democratic" to "toss-up" by the political handicapper, illustrating the pivotal role swing state Nevada figures to play in November. The Republican primary in Nevada has yet to take place, but the frontrunner, who has the blessing of GOP Senate leaders, is Army veteran Captain Sam Brown.

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Several of the vulnerable Democrats pointed to a bipartisan border package that had been recently negotiated by senators Chris Murphy, D-Conn., James Lankford, R-Okla, and Kyrsten Sinema, I-Ariz., earlier this year. The measure quickly lost steam after former President Trump came out against it. 

"That would have solved a lot of the problems on our border," Rosen told Fox News Digital. 

"We have the legislation there that would fix these problems," she said. "You don't impeach. We are a legislative body."

"The law would hire — we'd be able to hire thousands more Border Patrol agents and do a much better job at stopping fentanyl at the border. So, we should get that done," said Casey. 

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However, Republicans argued at the time that the negotiated package didn't go far enough and included harmful provisions. 

While its unclear what some of the Democrats in tough re-election battles will do once the impeachment articles against Mayorkas are delivered, there are also questions on the Republican side.

Sen. Mitt Romney, R-Utah, told reporters Tuesday "a high crime or misdemeanor has not been alleged, and the standard has not been met for a conviction.

"I don't know that you want to go on for several weeks pointing out the obvious, which is that the border is a disaster. Secretary Mayorkas is following the position of his party and of the president who was elected."

Sen. Susan Collins, R-Maine, refused to indicate what action she would take. 

"I'm going to be sworn in as a juror. The role of senators is both juror and judge. And, thus, I don't comment on how I am going to vote until it occurs," she explained. 

Get the latest updates from the 2024 campaign trail, exclusive interviews and more at our Fox News Digital election hub.

Bipartisan senators push back as key Dem signals doom for TikTok bill

Senators on both sides of the aisle are pushing back after Sen. Maria Cantwell, D-Wash., poured cold water on hopes a House-passed bill that would require social media app TikTok to divest from China would ever reach the Senate floor.

"I'm not surprised at all. This is exactly what I predicted would happen," Sen. Josh Hawley, R-Mo., told reporters. He was reacting to recent comments from Cantwell, chairwoman of the Senate Committee on Commerce, Science, and Transportation.

After the House bill passed with an overwhelming majority in the House of Representatives last month, it was referred to the Commerce Committee in the Senate rather than being expedited in the same fashion. This puts the measure under Cantwell's purview as chairwoman, and she is charged with scheduling markups and potential hearings. 

PENCE WORRIES TIKTOK BILL COULD GET LOST IN 'FOG OF PRESIDENTIAL POLITICS,’ URGES SENATE VOTE

The Washington Democrat had already signaled what some feared would be a long process, indicating her interest in holding several public hearings regarding the TikTok bill. However, she reportedly shared new detailed criticisms of the bill with reporters Monday, suggesting it would not hold up to judicial scrutiny. 

Cantwell claimed the measure "could be better," Punchbowl News reported. "You also can’t, as a Congress, just decide one day, ‘Ah!’ And pass a law. Well, you can, I just don’t know if it’ll hold up in court.

"Let’s get something that can be upheld."

She notably has her own proposal regarding TikTok, called the GUARD Act, which she said would allow the executive branch, specifically the Department of Commerce, to regulate apps owned by foreign adversaries, such as TikTok. The measure would not force divestment from China. 

MCCONNELL SAYS TIKTOK BILL DESERVES 'URGENT ATTENTION' AMID CHINA SECURITY THREAT CONCERNS

Asked by Fox News Digital if she still planned to hold hearings on the House-passed measure, Cantwell said, "We're trying to figure out our schedule for that. So, we'll let you know soon."

Sen. Mitt Romney, R-Utah, criticized the suggestion, telling Fox News Digital, "It's the right thing for national security, and looking for excuses is embarrassing."

Sen. Chuck Grassley, R-Iowa, further claimed the bill was designed to be taken to court and prompt a quick decision. 

"It's anticipating court action and making sure that it's done very quickly," he said. 

Citing his conversations with the Department of Justice and the legal advice provided by it, Senate Select Committee on Intelligence Chairman Mark Warner, D-Va., said the approach "taken in the House bill [is] threading the needle appropriately," pushing back on Cantwell's remark. 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

"I think it's clearly constitutional and passes all the tests of legal sufficiency," Sen. Richard Blumenthal, D-Conn., told Fox News Digital. "Selling assets is a common remedy that's used by the Justice Department in antitrust suits and is applied to a variety of other kinds of situations."

Sen. John Fetterman, D-Pa., reiterated that he wants to see a vote on "a bill that separates TikTok and the Chinese government connection."

Representatives for Cantwell did not provide comment in response to the criticisms. 

Hawley suggested again that lobbying from Big Tech was likely behind stalling on the TikTok measure, telling reporters, "TikTok does not want that bill to move across the Senate floor.

"And, therefore, it's highly unlikely to move across the Senate floor." 

DEM SENATORS VOICE CONCERNS OVER ISRAEL WAR STATUS AS BIDEN ATTEMPTS ‘CHALLENGING’ BALANCE WITH PROGRESSIVES

Several reports last month from Politico revealed that several former Cantwell staffers now lobby lawmakers on behalf of the social media app, which prompted both questions and criticism given her position charting the bill's trajectory through the Commerce Committee. 

TikTok did not provide comment to Fox News Digital. 

However, Hawley said he isn't willing to accept the TikTok bill never reaching the chamber floor for a vote. 

He claimed that if the Commerce Committee tries "to bottle it up," he might seek to bring the TikTok bill to the floor by asking "for unanimous consent to set a vote and have a debate."

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Asked if he thinks the measure would ever be brought to the floor, Warner told Fox News Digital, "I believe we need to work on something that is a national security threat and has been overwhelmingly supported."

Fetterman expressed optimism, saying he believes a vote on forcing TikTok to divest will eventually happen. 

Sen. Mike Rounds, R-S.D., noted it would be a decision for Senate Majority Leader Chuck Schumer, D-N.Y., as the leader of the upper chamber. 

Schumer didn't answer Fox News Digital when asked if he plans to ever bring the House-passed bill to the floor.

"I can tell you that it's important that we either have them divest or we're probably going to have to find a process in which they are eliminated from the platforms," Rounds said. 

GOP plans to grind Senate to a halt if Democrats table Mayorkas impeachment trial

EXCLUSIVE: Republican senators are gearing up to prevent all legislative business in the Senate from going forward if they don't get a full trial into the articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. 

Five sources told Fox News Digital that roughly a dozen GOP senators have been planning for more than a week to obstruct legislative proceedings and regular business in the Senate if, at a minimum, points of order are not agreed to in the impeachment trial of Mayorkas when the House impeachment managers deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y.

"The Senate runs on unanimous consent," a Senate Republican aide familiar with the talks told Fox News Digital. "Any one senator can do that."

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The aide revealed that the conversation has been ongoing since last week. 

A second Senate Republican aide also confirmed that several senators are voicing support for slowing or even stopping legislative business if impeachment is tabled. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Schumer's office did not immediately provide comment to Fox News Digital. 

A top Senate Republican source shared that this type of holdup is always possible in the upper chamber, noting that one senator can choose to object at any time. However, they said a halt of this nature was going to be more likely if the articles were delivered this week. 

House Speaker Mike Johnson, R-La., decided to wait until next week to deliver the articles to the Senate after facing pressure from GOP senators who did not want the impeachment trial to take place ahead of a weekend when most of the body would be preparing to fly back to their states. 

But, the source noted, if Schumer and the Democrats seek to table the impeachment trial next week, there would be nothing stopping Republican senators from objecting to basic procedural measures. 

The entire conference's appetite for such acts of protest isn't clear. 

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A source familiar with a Republican Senate lunch at the National Republican Senatorial Committee on Tuesday told Fox News Digital the discussion also took place there. It had the support of numerous senators, the source said, and no one dismissed the idea. 

The Senate Republican aide gave examples of what such a Senate standstill would look like, pointing to motions to adjourn, recess and proceed to executive business, as well as objections to regular business such as wrapups, forcing the Senate to go through lengthy procedural actions such as reading from the journal and recapping the previous day's business. The senators could also object to various requests to move forward on items with unanimous consent, including legislation, schedule items and adjourning. 

DEM SENATORS VOICE CONCERNS OVER ISRAEL WAR STATUS AS BIDEN ATTEMPTS ‘CHALLENGING’ BALANCE WITH PROGRESSIVES

The plan from conservative Republicans would be meant as a mechanism to bring Schumer and Democrats to the negotiating table on the Mayorkas impeachment trial. 

The White House Counsel's office did not immediately provide comment to Fox News Digital. 

DHS referred Fox News Digital to a previous statement following the House's passage of the impeachment articles.  

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe," DHS spokesperson Mia Ehrenberg said at the time. 

Dem senators voice concerns over Israel war status as Biden attempts ‘challenging’ balance with progressives

Senate Democrats expressed concerns over the status of the war between Israel and the terrorist organization Hamas in Gaza Tuesday as President Biden looks to strike a balance between supporting the U.S. ally and addressing concerns of progressives and Arab and Muslim voters who have made their displeasure known amid the conflict. 

"I don't support a cease-fire. I've been very clear about that," Sen. John Fetterman, D-Pa., told Fox News Digital Tuesday. 

In a call last week with Israeli Prime Minister Benjamin Netanyahu following an airstrike from the country that killed seven workers delivering food and aid in Gaza, Biden called for an immediate cease-fire to address the need to get aid to the war zone.

Biden's move to endorse a cease-fire comes as pro-Palestinian protests have plagued his campaign events in recent months. 

PRO-PALESTINIAN PROTESTERS' PAINTED RED HANDS A 'SYMBOL' ROOTED IN 'CRAZE TO SEE BLOOD': EXPERT

"There's been far too much civilian death right now," Sen. Chris Murphy, D-Conn., said of the situation in Gaza. However, he credited Biden with increasing pressure on Israel with "an uptick in humanitarian deliveries in the last few days."

Criticism over Biden's backing of ally Israel has ramped up in recent days, as reports emerged of his anger and frustration over the country's killing of several aid workers in Gaza. Last month, the U.S. allowed a United Nations Security Council resolution calling for a cease-fire to pass, breaking from a streak of vetoing similar measures.

Netanyahu slammed the move, claiming at the time the "United States has abandoned its policy in the U.N. today. Just a few days ago, it supported a Security Council resolution that linked a call for a cease-fire to the release of hostages."

ANTI-ISRAEL AGITATORS SHUT DOWN SENATE CAFETERIA; AROUND 50 ARRESTED

The prime minister attributed his cancellation of an Israeli delegation's trip to Washington, D.C., to the resolution's passage. 

Just two weeks after Biden's administration allowed the U.N. resolution to pass, Vice President Kamala Harris met with families of American hostages held in Gaza Tuesday. According to a readout from Harris' office on the meeting, she updated the families on U.S. efforts to bring home all hostages and reaching an agreement for an immediate cease-fire.

A White House official shared that efforts are ongoing to secure the release of more hostages and noted that the passed U.N. resolution additionally called for the release of hostages. However, the resolution did not include condemnation of Hamas, which prompted criticism against the Biden administration.

At a Senate Republican lunch Tuesday, GOP conference Chairman John Barrasso, R-Wyo., circulated a document to his colleagues, listing "27 times Biden & Democrats abandoned Israel" since the initial Oct. 7 Hamas attack. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

The document, exclusively obtained by Fox News Digital, listed events, including the Biden administration urging Israel to end a ground campaign in Gaza last year and Senate Democrats in November voting against a stand-alone Israel aid bill that did not tie the assistance to aid for Ukraine. 

"President Biden is demanding a highly damaging, unconditional cease-fire. Meanwhile, Democrats in Congress are equating Prime Minister Netanyahu to Hamas. These unprecedented actions undermine Israel’s mission to free the hostages and eliminate Hamas," Barrasso told Fox News Digital in an exclusive statement. 

Asked how Biden was handling support for Israel at the same time as addressing concerns for Palestinian civilians, Sen. Mark Kelly, D-Ariz., said, "It's a challenging situation."

Sen. Elizabeth Warren, D-Mass., avoided criticizing Biden for his handling of the Israel-Hamas war, instead telling Fox News Digital, "I lay blame with the Netanyahu government that has created a humanitarian disaster and doing everything possible every single day to make it worse."

DESPERATE ZELENSKYY WARNS 'UKRAINE WILL LOSE THE WAR' IF CONGRESS DOES NOT SEND MORE AID

While Fetterman noted his disagreement with Biden on a cease-fire, he said, "Overall, I think the president has remained to stand with Israel.

"But we need to allow Israel to finish off and go after Hamas." 

While Democrats were hesitant to address Biden's policy toward Israel directly, Senate Republicans were more than willing to slam the president for making decisions on the war based on "political calculus," as Sen. JD Vance, R-Ohio, claimed.

"I think it's really about trying to appease the increasingly vocal, frankly, pro-Hamas wing, I guess, of their party," said Sen. Josh Hawley, R-Mo. "I mean, they must think that they have a lot of votes they need to open for them."

According to Vance, Biden's posture on the war is "completely inconsistent" today with what it was "two months ago."

"And they're doing it because they're worried about losing certain populations in Michigan," Vance claimed, likely referencing the significant Arab and Muslim populations in the state. 

Since the onset of the war in Gaza, Biden's 2024 re-election campaign has faced obstacles among Muslim supporters, who have claimed they are willing to turn their backs on him. 

His campaign has also seen efforts rebuffed by Muslim leaders who have on multiple occasions refused to meet with the president's team in campaign or official capacities. 

The Biden campaign did not respond to Fox News Digital's request for comment.

Sen. Rick Scott, R-Fla., blasted Biden's response to Israel's strike that killed seven aid workers, claiming it was held to a "different standard." 

"Why don't they tell us who got held accountable for the 13 people, warriors killed at the Kabul airport?" he asked, referencing the deaths of several service men and women during the U.S. withdrawal from Afghanistan, overseen by Biden. 

Making a similar point, Fetterman explained, "I mean, terrible, terrible things often happen in a war situation, and we really cannot forget that this is all because of Hamas." The senator referenced a U.S. drone strike in 2021 that mistakenly killed a number of Afghani civilians in a car. 

Republican senator slams ‘unserious’ efforts by Congress to hold Biden, COVID authorities accountable

Sen. Ron Johnson, R-Wisc., lambasted Congress on Tuesday for "out of control" federal spending and "unserious" efforts to hold the government accountable.

Johnson, the ranking member on the Permanent Subcommittee on Investigations, spoke at the Heritage Foundation's "Weaponization of U.S. Government Symposium" in the morning, where he discussed his investigations into the COVID-19 pandemic response and great difficulty conducting oversight of the Biden administration. 

The problem with Congress, Johnson argued, is that members have voted to grow the government without conducting proper oversight of waste, fraud and abuse. He observed that federal spending is on track to be $6.9 trillion this year while the budget for his investigative committee was cut.  

GOP SENATORS DEMAND DOJ, FBI PROMISE NOT TO RETALIATE AGAINST BIDEN WHISTLEBLOWERS

"I got my funding cut when I became ranking member, okay. Do you know how many staff members we have to do oversight over millions of government employees? We've got five. That's how unserious Congress is about oversight," Johnson complained.

The Wisconsin Republican has led the charge in the Senate to investigate the origins of COVID. He has also accused the Centers for Disease Control and Prevention (CDC) of coordinating with social media companies to censor COVID vaccine skeptics — although critics have accused Johnson of peddling anti-vaccine misinformation. Johnson is also a leading Senate Republican probing corruption allegations surrounding President Biden's involvement with his son Hunter Biden's business dealings. 

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But on Tuesday, Johnson warned that the federal government has grown "out of control" to the point where Congress cannot perform oversight and accountability.  

"Administrations, both Republican, Democrat, give us the middle finger," Johnson said. "They don't respond. Yeah, so they are completely unaccountable to the American public through your elected representatives. And that's been going on for decades. So they are completely immune from oversight investigation." 

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Republicans involved with the Hunter Biden investigation have claimed the White House is stonewalling investigators by withholding evidence and preventing Justice Department witnesses from testifying. Hardline conservatives have advocated for Congress to use the power of the purse to leverage the Biden administration into cooperation by withholding agency funding — but most lawmakers are opposed to that strategy, which would likely result in a partial government shutdown.

Johnson said that his colleagues are "not really contemplating all this government they're voting for, all this spending." 

"Again, to me, the problem is a massive federal government that has gone so far outside the constraints of the Constitution. Government is doing things that our Founding Fathers never contemplated," Johnson said. 

GOP senators convince Speaker Johnson to delay Mayorkas impeachment article delivery

Republican senators were able to convince House Speaker Mike Johnson, R-La., to delay the delivery of two impeachment articles against Homeland Security Secretary Alejandro Mayorkas, citing concerns that Senate Democrats will look to quickly dismiss them once a trial begins in the upper chamber. 

"To ensure the Senate has adequate time to perform its constitutional duty, the House will transmit the articles of impeachment to the Senate next week. There is no reason whatsoever for the Senate to abdicate its responsibility to hold an impeachment trial," a spokesperson for Johnson told Fox News Digital on Tuesday. 

At least 10 Republican senators said they were actively pressuring the speaker to delay delivering the articles in order to prevent Senate Majority Leader Chuck Schumer, D-N.Y., and the Democratic caucus from tabling the trial ahead of the weekend and sending senators home shortly after, a source familiar with the situation told Fox News Digital.

Schumer told senators in a dear colleague letter last week that proceedings would begin Thursday per procedure once the articles are delivered on Wednesday as expected. Johnson had indicated the delivery date in a letter previously sent to Schumer. 

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The GOP senators discussed their attempts to persuade Johnson during a lunch held at the National Republican Senatorial Committee's headquarters on Tuesday, the source said. Two of the senators actively working to convince the speaker to hold off on delivery are Sens. Mike Lee, R-Utah, and Ron Johnson, R-Wis., their offices confirmed. 

The benefit of a delay for the Republicans, according to the source, is allowing the articles of impeachment against Mayorkas more time for debate without the pressure of the approaching weekend. 

"We have a chance to talk about the issue," Sen. John Kennedy, R-La., explained the delay's effect. 

"Thursday afternoon senators rush to the airport and fly to get out of here. Schumer wants it on a Thursday afternoon because he wants no coverage," Sen. Ted Cruz, R-Texas, added at a Tuesday GOP press conference on the status of the impeachment trial. 

House Homeland Security Committee Chairman Mark Green, R-Tenn., the lead impeachment manager, emerged from Johnson’s office moments after the announcement and told reporters, "We were ready to go tomorrow."

Green said he had not heard from Senate Republicans regarding the delay, but that he would support House GOP leaders’ decision.

He would not say if he spoke with Johnson before the delay was made public, telling Fox News Digital, "We had a phone conversation, the contents of which will remain between the speaker and I."

Another impeachment manager, Rep. Andy Biggs, R-Ariz., told Fox News Digital he was not surprised by the news because he had been in contact with some of the Senate Republicans pushing for the delay. He said, "I had been talking with some of my Republican friends in the Senate. And so I was not really surprised."

At the Tuesday lunch, GOP senators also discussed their hope to turn up the pressure on their Democratic colleagues, the source added, with numerous senators offering their approval of a plan to halt all legislative business if Democrats tabled the Mayorkas trial. This would include Republicans refusing to provide a quorum or vote, among other measures.

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GOP senators have reiterated that tabling the trial would be "historic" as such an event hadn't occurred without the impeached official having left office first. 

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"This is our job," Sen. Eric Schmitt, R-Mo., stressed during the press conference Tuesday.

Several Senate Republicans slammed Schumer over their expectation that he would look to quickly off ramp the trial. However, Schumer has not suggested what Democrats will do. 

Democratic senators have previously indicated to Fox News Digital that they believe their caucus will seek such a strategic procedural maneuver. 

"They are nuking a provision of the Constitution," Lee said during a Republican press conference on Tuesday. 

The Utah Republican additionally told reporters, "I’m grateful to Speaker Johnson for his bold willingness to delay this."

"He does not want Senate Democrats, especially those on the ballot in November, to vote guilty or not guilty," Cruz said. 

Schumer did not provide comment to Fox News Digital.