Dem hit with $15 million border-related ad blitz in ‘toss-up’ Senate race

Sen. Jon Tester is the target of a new multi-million dollar ad blitz that highlights the vulnerable Montana Democrat's record on illegal immigration.

The $15.2 million statewide ad campaign financed by One Nation, which is closely aligned with Senate Republican leadership, is set to run until Sept. 2. The ads will reach voters through broadcast, cable and digital platforms. 

SEN TIM SCOTT, COLLEAGUES LAUNCH NEW VIDEO SERIES AIMED AT COURTING BLACK VOTERS

The video, titled "Line," shows Tester speaking out against amnesty early in his Senate career before a more recent vote to provide a path to legal status and citizenship for an estimated 11 million illegal immigrants. The ad further notes the senator's votes to continue funding locales, such as New York City, that have sanctuary policies in place for illegal immigrants. 

MAYORKAS IMPEACHMENT TRIAL POISED TO PRESSURE THESE VULNERABLE SENATE DEMS

The advertisement urges viewers in Montana to push Tester to "stop supporting Biden's border disaster" and support the Republican-led border bill. The Secure the Border Act, which has been touted by Republicans in the House and Senate, would require that construction is resumed on the southern border wall, make asylum standards stricter, add more Border Patrol agents and bar the Department of Homeland Security from using its app to help illegal immigrants in the U.S., among other things. 

"The pro-illegal immigration policies Senator Jon Tester voted for led to the crisis at our Southern border," One Nation President and CEO Steven Law said. "Senator Tester has repeatedly voted to fund sanctuary cities and grant amnesty to illegal immigrants. He even voted to allow President Biden to stop building the border wall. Senator Jon Tester needs to stop supporting President Biden’s border disaster." 

Tester's campaign, however, accused the group of distorting the senator's record, pointing to Tester's support for a controversial bipartisan border package negotiated in the Senate. That bill ultimately failed to advance due to opposition from influential conservative border hawks, including former President Donald Trump.

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"[Senate Minority Leader] Mitch McConnell’s dark money group is flooding Montana with millions of dollars to lie about Jon Tester’s record of fighting to pass one of the toughest border security bills in decades, cracking down on the fentanyl crisis, and his opposition to sanctuary cities," Tester's campaign countered in a statement.

The Montana Senate race is expected to be competitive and is rated a "Toss Up" by leading nonpartisan political handicapper The Cook Political Report. Tester's Republican opponent in November is likely to be former Navy SEAL Tim Sheehy, who is running in a largely uncontested primary. 

NEVADA DEM DUMPS $14M INTO ADS AS CRITICAL SENATE RACE SHIFTS TO 'TOSS UP'

As the border crisis emerges as a top issue for voters nationwide, including in Montana, Tester has been careful in his approach to legislative issues involving immigration or the border. Republican senators accused him last month of being unwilling to vote on immigration-related amendments ahead of the passage of the $1.2 trillion spending package. Tester and his office vehemently denied those claims. 

Tester is likely to face additional pressure in the coming weeks as the Senate takes up the House-passed articles of impeachment for Secretary of Homeland Security Alejandro Mayorkas. The charges stem from his handling of the border crisis. Democrats are expected to use a maneuver to quickly dismiss the trial, rather than letting it play out. But getting the support of the entire caucus is crucial, as the Senate is narrowly divided, 51-48, in favor of the Democratic caucus.

Asked what Tester would be doing once the articles are delivered, a representative for the senator told Fox News Digital, "Senator Tester will review the articles when they are sent over to the Senate."

House Speaker Mike Johnson, R-La., revealed last week his intention to deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y., on April 10. 

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

Nevada Dem dumps $14M into ads as critical Senate race shifts to ‘toss up’

Nevada Democratic Sen. Jacky Rosen revealed a whopping $14 million ad reservation for the general election season as she braces for a tough challenge from Republicans. 

The multimillion-dollar reservation was made for ads that will run from July through Election Day in November. It is also the largest such reservation ever made in Nevada by a Senate candidate. The ad buy will include media markets in Las Vegas and Reno.

MAYORKAS IMPEACHMENT TRIAL POISED TO PRESSURE THESE VULNERABLE SENATE DEMS

Rosen's latest move comes one day after the Nevada Senate race was shifted from "Lean Democrat" to "Toss Up" by the nonpartisan elections analyst, the Cook Political Report. The matchup joins Senate races in Ohio, Arizona and Montana in the category. 

"While her extreme Republican opponents are busy trying to out-MAGA each other, Jacky Rosen is reaching Nevada voters for the general election and sharing her record as one of the most bipartisan and effective senators," said Stewart Boss, Rosen's campaign manager, in a press release. The Republicans vying for her Senate seat are in the midst of a crowded primary that won't be determined until the election on June 11. 

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The $14 million reservation is larger than a similar one made by Sen. Catherine Cortez Masto, D-Nev., during her 2022 re-election bid. The senator reserved $10 million worth of ad space on the airwaves between Labor Day and Election Day during the campaign. This was the largest such reservation at the time. 

Cortez Masto ultimately narrowly defeated her Republican opponent, Adam Laxalt.

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"She’s going to need it," said National Republican Senatorial Committee spokesperson Mike Berg, referencing the recent ratings change. He said she was in "a dangerous spot" for an incumbent. 

"Jacky Rosen is scrambling to cover up her record of being in lockstep with Joe Biden," remarked Nevada Republican strategist Jeremy Hughes.

After Rosen released an ad this week touting herself as bipartisan, critics pointed out that she voted in alignment with President Biden nearly 99% of the time in 2023. 

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While her $14 million ad reservation is the largest of its kind in a Nevada Senate race, political advertising spending is notorious for being high in the state. In the 2022 Senate race, $161 million was spent by candidates and related groups on political advertising for the general election, per AdImpact. This included $32 million from Cortez Masto, $30 million from the Democratic-aligned Senate Majority PAC, $28 million from the Republican-aligned Senate Leadership Fund, $12 million from the conservative Club for Growth Action, $11 million from the Democratic Senatorial Campaign Committee, $9 million from the conservative One Nation, $3 million from Laxalt, and $6 million in a coordinated buy from Laxalt and the NRSC. 

The 2022 Senate race was a component of what made Nevada's general election the third most expensive in the country, according to AdImpact. 

Rosen could face a slate of possible Republican opponents. However, former U.S. Army Capt. Sam Brown has proven to be the frontrunner, garnering national media attention and high-profile endorsements. Former Trump official Jeff Gunter, veteran Air Force pilot Tony Grady and former state Assemblyman Jim Marchant are other prominent Republican candidates seeking the Senate nomination. 

Mayorkas impeachment trial poised to pressure these vulnerable Senate Dems

Democrats up for re-election in battleground states face a bind in the Senate as the impeachment trial for Department of Homeland Security (DHS) Secretary Alejandro Mayorkas is expected to begin this month over his role in the ongoing crisis at the southern border.

Several Republican Senate sources told Fox News Digital they expect the pressure to ramp up for lawmakers such as Sens. Jon Tester, D-Mont., Jacky Rosen, D-Nev., Tammy Baldwin, D-Wis., Sherrod Brown, D-Ohio, and Bob Casey, D-Penn., who face competitive re-election races in November.

Voters in each of the senators' states have indicated strong concerns over the state of the border.

Republican senators recently accused Tester of being unwilling to vote on border or immigration-related amendments during negotiations over the $1.2 trillion spending package that caused a brief partial government shutdown before being passed last month. Tester's office denied the claims. 

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One senior Republican Senate source predicted Tester would be similarly pushed during the impeachment trial procedure: "He’ll have to go on the record with it. No way out," the source said. They noted that Brown would also be put to the test in the Mayorkas trial. 

A representative for Tester told Fox News Digital on Wednesday, "Senator Tester will review the articles when they are sent over to the Senate."

The House passed two articles of impeachment against Mayorkas in early February but held onto them until after the appropriations process finished. In a letter last week, House Speaker Mike Johnson, R-La., revealed his intention to deliver the articles to the Senate on April 10 and urged Senate Majority Leader Chuck Schumer, D-N.Y., to move quickly on a trial. 

When the articles are delivered, "all senators have to be sworn in as jurors and sign the book," a senior GOP source said. 

"We actually go into trial mode, but Schumer will put forward a vote to dismiss it," the source predicted.

SEAN HANNITY: BORDER CRISIS A MODERN-DAY 'BLOODBATH'

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

"Everything is simple majority," the source noted, meaning only 51 of the 100 senators are necessary to move forward with any action. 

While Senate Democrats have largely dismissed the charges against Mayorkas as meritless and political posturing, the lawmakers who are competing in close races in the general election may be influenced by the growing concern over the border among their constituents. In a March Fox News Poll, 41% of all registered voters agreed the situation at the southern border is an emergency. This included 65% of Republicans, 31% of independents and 20% of Democrats.

As a result, the vulnerable Democrat senators are certain to be met with attacks on the campaign trail from their Republican opponents, who will pose the question of their seriousness on the border crisis. In a February memo from National Republican Senatorial Committee political director Tim Edson that was obtained by Fox News Digital, Senate candidates were advised to hold their Democrat counterparts accountable.

"We cannot allow Senate Democrats to sweep the Biden Administration's failures at the southern border under the rug," it reads. "Democrats caused this crisis, and voting to acquit Mayorkas is a vote to allow the continued invasion of our country."

Tester's opponent, Republican Senate candidate Tim Sheehy, said in a statement that "the Senate should hold a full impeachment trial."

"Senator Jon Tester wants to avoid a trial and let Mayorkas off the hook because they BOTH support the radical Left’s push of open borders and letting illegal immigrants flood into America. We deserve accountability!" he continued.

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Representatives for Rosen, Baldwin, Brown and Casey did not provide comment to Fox News Digital.

"If Bob Casey is serious about securing the border, he'll urge Chuck Schumer to move this inquiry forward and hold them accountable," said Pennsylvania Republican Senate front-runner Dave McCormick in a statement to Fox News Digital.

Spokesperson Ben Voelkel for Wisconsin Republican Senate front-runner Eric Hovde said in a statement, "Sen. Baldwin needs to hold [Mayorkas] accountable. If she doesn't, Wisconsin voters will hold her accountable for her inaction."

"If Sherrod Brown cares about hardworking Ohioans who have been impacted by the border invasion and fentanyl crisis, he will hold Mayorkas accountable in the Senate trial," said Reagan McCarthy, spokesperson for Ohio Republican Senate candidate Bernie Moreno.

Sen. Joe Manchin, D-W.Va., who has occasionally been out of step with Democrats, appears likely to stick with his caucus in the likely case they look to dismiss the trial quickly. In February, he told Politico that the forthcoming impeachment was "Pure crap," adding that he wants "No trial at all."

Manchin's office referred Fox News Digital to his previous comment.

Republican strategist Brian Walsh, a former staffer for Sen. John Cornyn, R-Texas, said, "It highlights a huge political vulnerability for Democratic Senators like Jon Tester, Sherrod Brown and Bob Casey going into the 2024 election."

WHITE HOUSE PRESSED ON WHETHER BIDEN BELIEVES BORDER CROSSERS COULD BE IN US PLOTTING TERROR ATTACK ON AMERICA

They will be forced to "pick a side" between their base and "the majority of voters, including independents" who say the border is the most important problem in the country, Walsh added.

As the senators face a difficult decision, it's not clear that all Republicans will be on board to continue the trial. Each vote matters, given the Senate's narrow 49-51 split between Republicans and those in the Democrat caucus. 

Sen. Mitt Romney, R-Utah, criticized the idea of a trial in late February, writing on X, formerly known as Twitter, that it "might be great politics, but it’s not the remedy for bad policy & would set a terrible constitutional precedent."

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

Other concerns for the impeachment effort are Sens. Lisa Murkowski, R-Alaska, and Susan Collins, R-Maine, who have gone against the conference previously. Neither of their offices provided comment to Fox News Digital on the subject.

Meanwhile, Mayorkas is set to appear on Capitol Hill on April 10, the same day the articles of impeachment are expected to be delivered to the Senate, for an unrelated hearing before the House Appropriations Homeland Security Subcommittee regarding the department's fiscal 2025 request.

DHS did not provide comment to Fox News Digital.

Democratic leader has 2 words for Republicans looking to impeach Homeland Security Secretary Mayorkas

Democratic House Minority Leader Hakeem Jeffries, D-N.Y., shared a brief post on social media Thursday evening, criticizing Republicans who are pushing to impeach Homeland Security Secretary Alejandro Mayorkas.

"Extreme MAGA Republicans are demanding a full impeachment trial in the Senate," Jeffries wrote in a post on X. "They want to continue the phony political stunt targeting the Homeland Security Secretary."

He added: "My response? Get lost."

The post comes as the U.S. Senate is going to receive House-passed articles of impeachment against Mayorkas next month.

JOHNSON TO FORMALLY HAND MAYORKAS IMPEACHMENT ARTICLES TO SENATE, URGES TRIAL 'EXPEDITIOUSLY'

On Thursday, House Speaker Mike Johnson, R-La., notified Senate Majority Leader Chuck Schumer, D-N.Y., that the House of Representatives would formally send over the impeachment articles to his chamber on April 10.

In his letter to Schumer, Johnson urged him to hold an impeachment trial "expeditiously."

"As Speaker and impeachment managers of the U.S. House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously," Johnson wrote.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

In February, all but three House Republicans voted to impeach Mayorkas over his handling, or mishandling as Republican content, of the U.S. southern border. It was the first time since 1876 that a cabinet secretary had been impeached.

Schumer‘s office told Fox News Digital that the Senate would initiate the impeachment trial once it receives the impeachment articles.

"As we have said previously, after the House impeachment managers present the articles of impeachment to the Senate, senators will be sworn in as jurors in the trial the next day. Senate President Pro Tempore Patty Murray will preside."

The trial is highly unlikely to result in a conviction.

Fox News' Elizabeth Elkind and Julia Johnson contributed to this report.

Biden rolls out new endorsements for controversial judicial nominee as Dem support dwindles

The White House is moving forward with its campaign to confirm judicial nominee Adeel Mangi and pushing back on claims that he is antisemitic or against law enforcement, despite several Democratic senators expressing concern over the nominee's organizational ties and casting doubt on his chances of garnering enough votes. 

According to a White House official, Biden's team is keeping the pressure on senators to confirm Mangi, who is nominated to serve on the 3rd U.S. Circuit Court of Appeals, dismissing attacks on him as false. The official said those focused on lobbying senators to support the nominee are 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.

Zients said in a statement to Fox News Digital, "Some Senate Republicans and their extreme allies are relentlessly smearing Adeel Mangi with baseless accusations that he is anti-police."

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"That could not be further from the truth and the close to a dozen law enforcement organizations that have endorsed him agree," he said, pointing to several new endorsements of Mangi by three former attorneys general in New Jersey, two former U.S. attorneys who served in the state, the International Law Enforcement Officers Association, the Italian American Police Society of New Jersey and the National Organization of Black Law Enforcement Executives. 

"The Senate must confirm Mr. Mangi without further delay," Zients said. 

DEMS TARGET FOUR COMPETITIVE HOUSE SEATS TO WRESTLE BACK MAJORITY FROM GOP

Chances of Mangi being confirmed have appeared grim in recent weeks as allegations of antisemitism have been spotlighted due to his previous role on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR). The center has sponsored events, including one on the 20th anniversary of the Sept. 11, 2001, terrorist attacks, with 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, who in 2006 pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department. 

The CSRR has also hosted an event with Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad.

Mangi has also been accused of being against law enforcement because of his role as a current advisory board member for the Alliance of Families for Justice (AFJ). The alliance's founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died during the robbery of an armored truck. 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. 

Sen. Ted Cruz, R-Texas, told Fox News Digital in a statement, "It is unsurprising that Mangi’s record has split Senate Democrats, and the White House should recognize their error, withdraw Mangi’s nomination, and instead nominate a candidate who can garner widespread bipartisan support."

Sen. Tom Cotton, R-Ark., said Mangi's "well-known ties to this extreme organization that supports terrorists and cop killers makes him wholly unqualified to serve as an appellate judge."

JOHNSON TO FORMALLY HAND MAYORKAS IMPEACHMENT ARTICLES TO SENATE, URGES TRIAL 'EXPEDITIOUSLY'

Biden's White House has previously hit back at criticism of Mangi, calling it a "malicious and debunked smear campaign" prompted by the nominee's potential to become the first Muslim appellate judge. 

While Judiciary Republicans had already sounded alarm bells over Biden's pick last year after probing Mangi about his connections to the groups, Democratic senators appeared likely to fall in line behind the president's choice. 

However, after a recent report indicated Biden was being privately warned that Mangi may not have enough votes for confirmation, Sen. Catherine Cortez Masto, D-Nev., revealed she was one of the lawmakers to reach out to the White House with concerns. 

The senator previously confirmed her stance against the nominee to Fox News Digital, citing his connection to AFJ.

Several other Democratic senators recently refused to say whether they would support Mangi.

The office of Sen. Joe Manchin, D-W.Va., confirmed to Fox News Digital that he is also committed to voting against Biden's pick. 

Cortez Masto and Manchin were recently joined by Sen. Jacky Rosen, D-Nev., who said in a statement, "Given the concerns I’ve heard from law enforcement in Nevada, I am not planning to vote to confirm this nominee."

Patterson Belknap Webb & Tyler LLP, the law firm at which Mangi is a partner, did not provide comment to Fox News Digital. 

The loss of any Democratic support is a concern for Mangi's confirmation prospects, given the Senate's close 51-49 split in favor of the Democratic caucus.

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Sen. Lindsey Graham, R-S.C., called on Biden last week to withdraw the nomination, and now Republicans are reinforcing their campaign against Mangi's confirmation. 

"The White House can’t defend Adeel Mangi’s record. So, they’re launching personal attacks against anyone who notices the ties to cop-killers and antisemites that Mr. Mangi has forged of his own free will," Sen. John Kennedy, R-La., said in a statement. 

He added, "It’s not Islamophobic for senators to recognize" a nominee's failure to meet qualifications. 

"Now even his own Democrat party is rebelling against [Biden]," Sen. Josh Hawley, R-Mo., remarked in a statement, attributing it to the president's "push for radical, anti-Israel nominees."

On Thursday, the Senate Judiciary GOP revealed three additional law enforcement groups were opposing Biden's choice, bringing the total to 17. The Pennsylvania Fraternal Order of Police, Philadelphia Fraternal Order of Police Lodge 5 and Pennsylvania State Troopers Association penned a joint letter to Majority Leader Chuck Schumer, D-N.Y.; Minority Leader Mitch McConnell, R-Ky.; Judiciary Chairman Dick Durbin, D-Ill.; Ranking Member Graham; and Pennsylvania Sens. Bob Casey and John Fetterman, who are both Democrats. 

The court that Mangi has been nominated to serve on is located in Philadelphia. 

The Pennsylvania-based groups noted their letter is on behalf of over 40,000 members requesting that the Senate "reject the nomination" of Mangi, citing his AFJ affiliation. 

GOP Sen blasts Biden admin claiming abortion travel policy is essential to military readiness

FIRST ON FOX: Sen. Roger Wicker, R-Miss., the ranking member on the Senate Armed Services Committee, is questioning President Biden's Department of Defense over its abortion travel assistance policies that Secretary Lloyd Austin has previously said are important for force readiness. 

Wicker suggested that recently-revealed data casts doubt on the Biden administration's justifications for the policies. The Department of Defense has said the abortion travel policy is important for ensuring troop readiness.

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In a letter sent on Monday, the senator requested evidence from the Pentagon on how its abortion travel allowances are necessary for force readiness in the wake of Roe v. Wade's reversal, as Austin previously claimed.

In a development on Tuesday, the department announced new figures regarding the policy, soon after being asked for comment by Fox News Digital, and one day after Wicker's letter prompted it to explain new data he obtained through another Senate committee. 

According to Deputy Pentagon press secretary Sabrina Singh, the travel allowance policy was used 12 times from June-December of 2023. The allowances can be used for "non-covered" abortions, but are also approved for other procedures and treatments. The cost to the Pentagon was roughly $40,800, she said. 

While the department offers authorized allowances for travel and transportation assistance, this does not mean that all service members who travel to obtain abortions have requested or received such allowances. 

In his Monday letter, Wicker noted he received data "indirectly through a different Senate committee," which showed that the Army recorded "between August 2023 and December 31, 2023, three service members utilized the policy and claimed travel expenses totaling $2,097."

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The data on abortion policy usage and cost in 2023 was provided to another Senate committee by the Army, per Wicker's office. It was then forwarded to Wicker. 

"Still, with today’s news, the fact remains: This administration has recklessly politicized the military with this farce of a policy," said Wicker in a statement to Fox News Digital. "The Department even admitted today that those that use the policy may not have even used it for an abortion. The reality is that access to abortions is not a threat to readiness."

Wicker recalled Austin's past claim that the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, returning the issue of abortion to the states, "has impacted access to reproductive health care, with readiness, recruiting and retention implications for the force."

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In the letter, Wicker slammed the department for providing only "incomplete, evasive, or outright non-answers" when he prompted it on three separate occasions in 2023 for information to justify the abortion policy and how it affects force readiness. 

He noted that in response to his most recent letter in December, the department focused on fertilization services and avoided discussing the "provision of non-covered abortion services that end the lives of unborn babies."

Wicker further criticized the department's response for refusing to provide information on the usage of the policies and the amount of money that was being spent, prompting him to obtain the information elsewhere. He claimed the response, "is contradicted by the Army's data which clearly provided the number of service members who have claimed reimbursement of travel expenses using the policy." 

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"That number is essential to best capture the actual readiness impact on the force, if any," he explained in the Monday letter. 

Wicker additionally requested the department to provide up-to-date data, "in the same form the Army has provided," on usage of the policy since implementation. 

The senator had also requested "immediate delivery" of this data from the department, noting the other occasions on which it was not provided. 

GOP leaders unleash on Janet Yellen over $110B energy tax hike

FIRST ON FOX: A group of 24 Senate Republicans are calling out the Biden administration for "weaponizing" the tax code to stifle domestic energy production in the president's proposed 2025 budget.

In a letter Thursday to Treasury Secretary Janet Yellen, the GOP lawmakers — led by Sen. John Barrasso, R-Wyo. — highlighted the more than $110 billion in tax hikes targeting domestic production of oil, gas and coal proposed in the budget. They said such an action would only lead to higher prices for Americans and allies worldwide.

"The administration has once again doubled down on weaponizing the tax code against U.S. energy producers," Barrasso and the other senators wrote. "It is alarming that the administration believes utilizing our nation’s abundant natural resources will be detrimental to long-term energy security."

"Sadly, the administration would willingly suppress energy production knowing it means fewer jobs and higher prices for the American people," they continued. "America is fortunate to have abundant energy resources. Our nation needs to be focused on unleashing American energy and innovation instead of throwing away one of our biggest economic and geopolitical advantages."

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Earlier this month, Biden released his fiscal year 2025 budget, a behemoth $7.3 trillion government spending package that Republicans quickly condemned and characterized as a non-starter. As part of the proposal, the Treasury Department released a green book detailing the mechanisms for raising government revenue, a report which listed tax hikes on energy production.

The Republicans noted that in the green book, the Treasury Department explained that it would strip tax incentives worth $110 billion from the energy industry because "oil, gas, and coal tax preferences distort markets by encouraging more investment in the fossil fuel sector than would occur under a neutral system." 

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"This market distortion is detrimental to long-term energy security and is also inconsistent with the administration's policy of supporting a clean energy economy, reducing our reliance on oil and reducing greenhouse gas emissions," the Treasury Department added.

Among the tax incentives the budget would strip are the intangible drilling costs incentive, which allows independent producers to deduct expenses related to drilling, and the percentage depletion incentive, which, according to the lawmakers, allows producers to have a deduction of taxable income to reflect the declining production of reserves over time.

In their letter, the Senate Republicans said the administration's explanation in the green book is "troubling" and "acknowledges its intention to chill investment in conventional energy production."

BIDEN ADMIN HAMMERED BY DEMS, GOP ALIKE AFTER LATEST CRACKDOWN ON OIL PRODUCTION

"It is alarming that the administration believes utilizing our nation's abundant natural resources will be detrimental to long-term energy security," they wrote to Yellen. "Sadly, the administration would willingly suppress energy production knowing it means fewer jobs and higher prices for the American people."

Meanwhile, the budget comes months after the Department of Energy's Energy Information Administration (EIA) published a 59-page report showing that the renewable energy sector enjoys significantly larger taxpayer backing than the fossil fuel industry. 

According to the EIA report, while renewable energy sources like wind and solar power account for about 21% of domestic electricity production, such sources received a staggering $83.8 billion in subsidies, by far the largest share compared to any other category. 

In addition to Barrasso, Senate Minority Whip John Thune, R-S.D., Sen. Shelley Moore Capito, R-W. Va., Sen. Tim Scott, R-S.C., and Sens. Mike Crapo and James Risch of Idaho also signed the letter.

The Treasury Department did not immediately respond to a request for comment.

Senate Democrats could spoil Biden’s Muslim judicial nominee over ‘deeply concerning’ ties

President Biden's chosen nominee for the 3rd Circuit Court of Appeals is in danger of failing to garner enough votes to be confirmed in the Senate after concerns rose over his affiliations with groups tied to criminal and alleged antisemitic figures.

Adeel Mangi is a partner at Patterson Belknap Webb & Tyler LLP and received his master of laws degree from Harvard Law School in 2000. The nomination would be a first for Biden. Mangi would be the only Muslim to serve on a federal appeals court if confirmed. 

However, Senate Republicans and Democrats have expressed concern over the nominee in recent days, putting his confirmation at risk. With a roughly evenly divided Senate, Mangi likely needs the support of every Democrat in the body, as well as all three independents. 

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Mangi has been affiliated with both the Center for Security, Race and Rights (CSRR) at Rutgers Law School and the Alliance of Families for Justice (AFJ), both of which have controversial records. 

The CSRR has hosted numerous speakers that the advocacy group Jewish Federation of Greater MetroWest NJ and watchdog group Judicial Crisis Network (JCN), among others, have accused of antisemitism. The speakers included associate professor Noura Erakat, who was advertised in 2020 to be participating in a panel alongside senior Hamas leader Ghazi Hamad. Many of the center's events that have been subject to public outcry have notably occurred after Hamas' Oct. 7 terrorist attack on Israel. 

The group has also welcomed speakers who have been accused by JCN and others of sympathizing with terrorists connected to the 9/11 terrorist attacks in New York City. 

Mangi served on the organization's advisory board from 2019 to 2023.

The AFJ also has ties that concern some lawmakers. One of its founding board members, Kathy Boudin, was affiliated with the FBI-designated domestic terrorist organization Weather Underground and pleaded guilty to murdering two police officers and a security guard in 1981 while robbing an armored truck. 

Mangi is listed as a current advisory board member for AFJ. 

"Mr. Mangi’s affiliation with the Alliance of Families for Justice is deeply concerning," Democratic Sen. Catherine Cortez Masto of Nevada said in a statement to Fox News Digital Wednesday. 

"This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee." 

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Cortez Masto's potential defection could upend Biden's effort to confirm Mangi. The Nevada senator revealed Tuesday she was one of the Democrats who privately warned Biden about a lack of support for his nominee. A report had previously alleged several senators told the White House Mangi may not be able to earn enough votes for confirmation. 

A number of Democratic senators refused to say whether they would support Mangi's nomination, including Bob Casey, D-Pa., and Tammy Baldwin, D-Wis., who are both up for re-election in competitive matchups in November. 

"When there's a vote scheduled, we'll talk about it then," said Casey. 

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The Pennsylvania senator declined to address whether he had reservations about the nominee. 

"I give every nominee serious consideration," Baldwin said. "We're looking at it right now."

Sen. Ted Cruz, R-Texas, a member of the Senate Judiciary Committee, has already raised concerns over Mangi.

"It is becoming more and more clear every day that Mangi is not going to have the votes to get confirmed," Cruz told Fox News Digital. "And it was foolish for President Biden to nominate an individual who has a record of serving on the board of an organization that has rationalized and apologized for 9/11 and has welcomed radical terrorists to its programming."

The only question left, he said, is "how long the White House will let Mr. Mangi hang out on a limb."

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At the same time, many Democrats reiterated their plan to support Mangi when speaking to Fox News Digital Tuesday.

Sen. Sheldon Whitehouse, D-R.I., said he will vote to confirm Biden's nominee "as I did in committee."

"No worries," Sen. Tammy Duckworth, D-Ill., said of her support for Mangi. 

But with such a divided upper chamber, it may only require a few Democratic votes to prevent his confirmation, making the support of the rest of the caucus moot. 

Republican efforts to highlight Mangi's controversies came to a head Wednesday, when Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., called on Biden to withdraw his nomination. 

"It has been a long-standing position of mine to give great deference to executive appointments, particularly judicial appointments, for both parties," he said in a press release. "However, it is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate.

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"I urge President Biden to seriously listen to these concerns and withdraw Mr. Mangi’s nomination."

In a statement to Fox News Digital, the White House defended the president's choice for the court. 

"President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day, including from the seventh law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush," said White House spokesperson Andrew Bates. 

He claimed Mangi is "being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge."

Bates further urged Senate Democrats to "side with the qualities that make America exceptional — which Mr. Mangi embodies — not the hateful forces trying to force America into the past."  

Fox News Digital has reached out to CSRR, AFJ and Patterson Belknap Webb & Tyler LLP, where Mangi is a partner, for comment.

GOP hope for Mayorkas impeachment trial dims as Senate Dems look for quick dismissal

As the Senate waits for the House to deliver its articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, multiple Democrats expressed their expectation to Fox News Digital that they will be dismissed quickly, and a full trial will not play out. 

Sen. Mark Kelly, D-Ariz., told Fox News Digital he "of course" thinks his fellow Democratic colleagues will move to table the articles when they are officially delivered to the Senate and lawmakers are sworn in to be jurors. 

"It's entirely political," he said. "They've never shown any evidence of any kind of impeachable offense and then impeached him in the House anyway. It's ridiculous."

During the House Republicans' retreat this week, House Speaker Mike Johnson, R-La., revealed, "We've not sent it over yet. And the very simple answer for that, and the reason for it, is because we're in the middle of funding the government in the appropriations process."

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He noted that there is a small window in which the Senate will be required to process the articles, and "we didn't want to interrupt the Senate and their floor time and their deliberation on appropriations, because we've risked shutting the government down."

According to Johnson, they will be delivered in "due course."

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In a narrow second attempt at impeaching Mayorkas last month, the House was successful. By a vote of 214-213, two articles of impeachment were approved against the DHS secretary. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Reps. Mike Gallagher, R-Wis.; Ken Buck, R-Colo.; and Tom McClintock, R-Calif., voted against the impeachment. 

The first attempt to pass the articles was brought down by four Republican defections, one of which was a procedural move by Rep. Blake Moore, R-Utah, which allowed the resolution to be brought back to the floor. 

"I expect it will be dismissed" by the Democratic caucus, Sen. Jon Ossoff, D-Ga., told Fox News Digital.

Sen. Bob Casey, D-Pa., similarly shared that he is hoping for a "quick dismissal."

Also urging the Senate to get past the impeachment articles, Sen. Tom Carper, D-Del., said, "Let's turn the page and move on and deal with the problems and challenges that we face," calling the impeachment both "nonsense" and "shameful behavior."

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Democrats are in the majority in the Senate and will ultimately decide how the body moves forward once the articles are delivered. And since it would only require a simple majority to table the impeachment, the upper chamber may opt to do so. 

Their Republican counterparts signaled an expectation that Democrats will move to table the articles. 

"I assume the Democrats will try and table it," said Republican Whip John Thune, R-S.D., who added his conference will do "everything we can to get them to conduct a trial."

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Sen. Shelley Moore Capito, R-W.Va., said she has heard "rumors" that Democrats were interested in tabling it. "I don't expect a full trial to happen at this point," she said. "But I think it should."

For many Democratic senators, it just isn't on their radar. The Senate is notably working on several issues, including federal nominations; aid to Ukraine and Israel; Foreign Intelligence Surveillance Act reform; Federal Aviation Administration re-authorization; and appropriations, with a March 22 deadline coming up for the last slate of funding bills. 

"I haven't given virtually any thought to the political charade around Secretary Mayorkas, so that's just not been high on my radar screen," said Sen. Mark Warner, D-Va., who explained that "serious issues" surrounding China and Ukraine are taking precedence. 

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"Who gives a s---?" said Sen. John Fetterman, D-Pa. He added that the Mayorkas impeachment would not be the last of the "dumb s---" that House Republicans have done. 

However, Sens. Catherine Cortez Masto, D-Nev., and Ben Cardin, D-Md., emphasized the importance of their status as jurors in the matter of the DHS secretary's impeachment. 

"As an impartial juror on all of the above, I've always been the same with any type of impeachment that I'm not going to predetermine or have any bias towards what's going to happen," said Cortez Masto. 

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Cardin echoed, "I've always taken the position as a juror, I shouldn't talk about that publicly." The senator noted, however, that he has "pretty strong views," adding that reporters could probably guess them. 

DHS did not provide comment on the Senate's procedure for the articles of impeachment to Fox News Digital. 

Following the House's vote last month, DHS spokesperson Mia Ehrenberg said in a statement, "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border." 

"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," she continued. 

Despite several Senate Republicans criticizing the House's attempt to impeach Mayorkas, many Republicans have changed their tune and expressed their interest in the Senate holding a full trial.

Fox News Digital's Liz Elkind contributed to this report.

Senate Dems, Republicans clash over federal IVF protections: ‘They’re covering their a—s’

Senate Republicans pointed to Alabama's recent law to protect in vitro fertilization (IVF) providers from civil and criminal liability as proof of states' capacity to self-correct and the reason Democrat-led federal legislation to protect the fertility procedure isn't necessary.

"Basically every state I know of supports IVF," said Sen. Bill Cassidy, R-La., a doctor.

Other Republican senators who spoke to Fox News Digital agreed.

Following a controversial decision by Alabama's Supreme Court ruling frozen embryos were legally children, the state's legislature quickly sprung into action to protect IVF. Several clinics conducting IVF shut down their procedures after the court's decision, but once the state passed a law releasing them from liability, some of the centers began to reopen. 

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Cassidy cited Alabama's fast legislative work in his explanation against federal legislation on IVF. 

"Once you get the federal government involved, it's going to open the door to some mischief that goes far beyond what you originally wanted to," he said. 

"The issue that brought this debate was happening in Alabama, and they've dealt with it in legislation," added Sen. Marco Rubio, R-Fla. 

According to Rubio, a larger conversation is necessary "about what's right and appropriate and legal and protected when it comes to discarding the extra human embryos that are not going to be used."

"It's legal in all 50 states," said Sen. Rick Scott, R-Fla., who introduced a resolution this week affirming support for IVF. 

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Scott's resolution expresses support for IVF and families looking to expand but doesn't carry the weight of a bill or make changes to the law. 

Sen. Tammy Duckworth, D-Ill., who spearheaded a bill to enshrine protections for IVF into law, slammed the resolution.

"They're covering their a---s," Duckworth said of her Republican colleagues. "That's what they're trying to do. A resolution doesn't do anything." 

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Duckworth attempted to force a vote last week on her IVF bill, asking for unanimous consent to move it to the floor. However, Sen. Cindy Hyde-Smith, R-Miss., objected to it. 

Duckworth said Republicans had not been approaching her to negotiate a potential bipartisan measure either. 

And its unclear whether Democrats would be willing to make concessions to work with their Republican colleagues on a bill. 

"The Duckworth bill is a perfect bill," said Sen. Tim Kaine, D-Va. "Her bill is just a person has a right to access IVF, and a provider has a right to provide IVF. It's not a mandate. It just protects the patient, protects the provider."

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Scott notably didn't rule out legislation to protect the procedure in the future. 

"I think we're gonna do everything we can to make sure it continues to be legal," he said. 

Other Republicans similarly left the door open. 

A federal bill to protect the fertility procedure is "certainly a discussion we can have, but at this point it's protected in every state," said Sen. Ted Cruz, R-Texas. 

"If it ever became an issue, I would consider it," added Sen. Mitt Romney, R-Utah. "But there's not a state in the country that does not protect IVF."

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According to Romney, it doesn't require "federal addressing at this stage."

"If there was a point there needed to be federal action on it, I would definitely be supportive," agreed Sen. Markwayne Mullin, R-Okla. 

"I believe that way Alabama handled it was good."

A number of Democratic senators were critical of their GOP colleagues' claims federal protections aren't needed now. 

"I think that's wrong," claimed Sen. Tina Smith, D-Minn. "Absolutely, we need to protect people's capacity to access" IVF. 

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Sen. Elizabeth Warren, D-Mass., expressed skepticism over Alabama's new law, telling Fox News Digital legal scholars believe "it raises as many questions as it answers."

"Without the protection of Roe v. Wade, the states can do what the Alabama court did and effectively end IVF in the state," she warned. 

According to Warren, if congressional Republicans were "truly committed to protecting IVF," they would be in favor of a bill to do so federally. "But, so far, they are not."