The Speaker’s Lobby: Wants and needs, and the looming impeachment trial of Biden’s border chief

There is a major difference between what we want – and what we need.

This is a staple of the human condition.

But especially politics

Lawmakers and politicians often make various demands of the president, Congressional leaders, the public and even the press corps. 

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But in politics – much like life – there is a big difference between what political figures want and what they need

Take for instance the recent process to impeach Homeland Security Secretary Alejandro Mayorkas

House conservatives frankly needed to impeach Mayorkas for political purposes. This may be especially important now for the GOP since their efforts to impeach President Biden were long sliding sideways. The arrest of FBI informant Alexander Smirnov further undercut the Republicans’ inquiry into the President, Hunter Biden and his family.  

House Republicans promised their base a political scalp during the 2022 midterm elections. Even last summer, Republicans couldn’t agree on who they wanted to impeach – be it the president, Mayorkas, FBI Director Christopher Wray, Defense Secretary Lloyd Austin, Washington, DC U.S. Attorney Matthew Graves, Attorney General Merrick Garland or Health and Human Services Secretary Xavier Becerra.

"All of ‘em," replied Rep. Ralph Norman, R-S.C., when I asked last summer who House Republicans endeavored to impeach.

The encompassing group have been who some Republicans wanted to impeach. But, politically, the GOP needed to impeach someone because of campaign promises. 

So, Mayorkas emerged as the "winner" of the GOP’s impeachment sweepstakes. Mayorkas is the surrogate Republicans are targeting for what they perceive as the myriad of administration’s ills, starting with the border crisis. A Senate trial for Mayorkas hits next week.

And we’re back to wants and needs.

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Most Senate Republicans want a robust trial. A lengthy, bona fide trial presents GOPers with a stage to highlight what they believe are misdeeds by the White House and its handling of the border. Some conservatives have warned Senate Majority Leader Chuck Schumer, D-N.Y., about short-circuiting an impeachment trial. They wrote to Senate Minority Leader Mitch McConnell, R-Ky., demanding that the Senate "fully engage our Constitutional duty to hold a trial." They’ve also wanted U.S. Chief Justice John Roberts to preside over an impeachment tribunal. However, the Senate’s impeachment rules do not require the participation of the chief justice for anyone besides the president and vice president. And notably, former Senate President Pro Tempore Patrick Leahy, D-Vt., even presided over the second impeachment trial of former President Trump in 2021. 

Do Republicans need a full-fledged Senate trial? Probably not. Did they need to place demands on Schumer and McConnell? Yes. But what Senate conservatives need the most is for their base to see them giving Schumer and McConnell the business about not conducting a lengthy Senate trial. In fact, the politics of the right might even dictate that conservative senators show outrage and disdain for an abbreviated trial. Such dismissiveness from the left plays into the conservative narrative that Democrats aren’t taking the trial seriously, and, vis-à-vis, the border.

Conservatives will also deploy this as what they say is another example of McConnell losing touch with the right.  

So, conservatives might achieve what they need – even if they fall short of what they want

There is another set of wants and needs emerging as the government barrels toward a potential set of government shutdowns in early March.

Some conservatives genuinely pine for a government shutdown. You can imagine why. Many would like to use that as a wedge. They argue "no government funding until the border is secure." Although no one can quite agree on what constitutes a "secure" border, let alone support a legislative plan to seal it. This is why conservatives detonated the bipartisan border package proposed a few weeks ago. Certainly many Republicans truly desire a secure border. But the politics dictate something else in conservative circles. They won’t admit it. But what conservatives may strangely need is an insecure border for political purposes. That’s how they can point to the Biden administration and portray this as a national security problem. So here, a need outweighs the want.  

But back to government funding.

Conservatives were genuinely securing some discretionary spending cuts on other spending bills. That may be what they want. But raising cane with the GOP leadership about cuts not being deep enough works better in some political circles. That’s a political need. And frankly, since Republicans have yet to force a government shutdown since they won control of the House last year, this may frankly be a GOP "need."

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Wants and needs are not exclusive to the Republican side of the aisle.

Democrats may not want a government shutdown. A shutdown is definitely not a Democratic "need." However, some on the left will privately tell you that a government shutdown might benefit them. Thus, this could be, in some diabolical quarters, a mild political "want."

The impeachment of Mayorkas is certainly not a Democratic "want" or "need." But Democrats guffawed when Republicans failed to impeach Mayorkas on their first try. A failed impeachment vote was definitely not a Democratic need. But Democrats basked in the schadenfreude and curated the narrative that the GOP can’t run the House. The failed impeachment vote was a Democratic "relish."

And Democrats definitely believe that Republicans overplayed their hand on impeachment. This is augmented by continued impeachment talk about President Biden – despite recent developments. Again, not a want nor need. But news like the Smirnov arrest is something Democrats welcome in small doses. 

But there are other wants and needs for Democrats, too.

Some liberals want and need to make a stand against funding for Israel because of concerns for human rights in Gaza. Again, enter politics. Progressives need to show they are standing up for Palestinians – because of political pressures emanating from the liberal base. That’s a big need for some on the left. However, the true "need" part is a little more vague for some Democrats when it comes to the complicated politics of progressives. It certainly helps some left-wing politicians to even challenge President Biden over the Middle East. That too is a need.

So do we want a pizza or need a pizza?

Do we want a Coach bag or need a Coach bag?

Air? Water? A place to sleep? Three squares a day? 

We all have wants and needs. But the things that get the most attention on Capitol Hill often land in the want category more than the need category. 

That’s why this essay will now come to an end. 

For those of you reading this, I don’t want any smart answers that you "need" me to end. 

I could go on and on. I want to. But I don’t need to. 

After all, it’s dinnertime.

I want a pizza.

Pence’s organization demands Congress release government funding agreement as deadlines loom

FIRST ON FOX: Former Vice President Mike Pence's public policy think tank Advancing American Freedom urged congressional leaders on Tuesday to release the government funding agreement as the current temporary spending patch, known as a continuing resolution (CR), will expire the first week of March.

"Three weeks ago, your committees reached a private agreement on the 302(b) allocations for the next fiscal year. Since then, the American people have been kept guessing as to the negotiated funding levels for each of the twelve subcommittee appropriations bills," executive director Paul Teller wrote in a letter to the House and Senate appropriations committees on Tuesday.

House and Senate leaders came together in mid-January to pass a CR to give themselves more time to hash out a deal for the rest of fiscal 2024.

It was the third CR passed since the previous fiscal year ended Sept. 30 and preserved funding for some agencies through March 1 and others through March 8.

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Both chambers are currently in recess.

"The American people deserve transparency on the spending levels of their government as Congress looks to pass additional spending bills," Teller told Fox News Digital in a statement. "With another deadline rapidly approaching, the American people and rank-and-file members are kept in the dark as to the true spending levels, and this needs to change. Advancing American Freedom is calling on these numbers to be immediately released to the American public."

House Speaker Mike Johnson, R-La., and Senate Majority Leader Chuck Schumer, D-N.Y., agreed upon a top-line funding agreement of $1.66 trillion last month. That figure was part of an agreement mandated by the Fiscal Responsibility Act last year, a compromise reached during debt limit talks between President Biden and then-Speaker Kevin McCarthy, R-Calif.

"Now, disconcerting rumors are swirling that the 302(b) allocations that were agreed upon blow out the already excessive $1.7 trillion Johnson-Schumer 'cap,' itself built on Speaker Pelosi’s COVID-19 level spending," Teller wrote.

"Although it has become ‘business as usual,’ airdropping an appropriations package on Congress at the last second is no way to govern," he wrote.

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On the Senate floor, only three of the 12 appropriations bills have been passed.

"There isn’t a funding agreement to release," a House appropriations aide told Fox News Digital. "The bills are still being negotiated."

The CR continues funding for four appropriations bills through March 1: Agriculture, Rural Development, Food and Drug Administration; Energy and Water Development; Military Construction, Veterans Affairs; and Transportation, Housing and Urban Development.

Additionally, the CR allocates funding for the remaining eight appropriations bills through March 8: Commerce, Justice, Science; Defense; Financial Services and General Government; Homeland Security; Interior, Environment; Labor, Health and Human Services, Education; Legislative Branch; and State, Foreign Operations.

The aim of having two separate deadlines is to prevent Congress from passing a comprehensive "omnibus" spending bill, a practice widely opposed by Republicans. 

However, the staggered approach may not eliminate the possibility of an omnibus as Congress will only have a few days to pass appropriations bills before the current CR expires. If they fail to either extend current funding levels or reach an agreement on new levels, the government could fall into a partial shutdown, with federal programs on pause and thousands of federal workers potentially furloughed.

Fox News' Elizabeth Elkind contributed to this report.

Senate voted in favor of $95 billion international spending bill, there may be another around the corner

Members of the House and Senate usually like to gab.

But word of a cryptic, major national security threat against the U.S. cast a pall on Congress this week.

Loggorrheic lawmakers suddenly turned mute when they were sworn to secrecy considering the gravity of Russia potentially deploying a weapon in outer space.

"I can’t discuss this. I’m sorry," lamented Rep. Carlos Gimenez, R-Fla.

"Absolutely no comment," said Rep. Richie Torres, D-N.Y.

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"We should be concerned. It’s serious," offered. Rep. Raja Krishnamoorthi, D-Ill., "That’s all I can say right now."

House Speaker Mike Johnson, R-La., was practically verbose when he chatted up reporters about the threat.

"I’m going to be very precise and I’m not going to take questions," said Johnson.

But Johnson lent little detail into the disconcerting reports.

"Steady hands are at the wheel," said Johnson. "There’s no need for alarm."

House Intelligence Committee Chairman Mike Turner, R-Ohio, said the White House "confirmed that, in their view, the matter was ‘serious.’"

This consternation is cast against the backdrop of the Senate approving a $95 billion international security bill for Ukraine, Israel and Taiwan. In other words, if there’s a pressing threat from Russia, this could impact Ukraine.

An eye-popping 70 senators voted in favor of the bill just before daybreak Tuesday morning. Twenty-two Senate Republicans voted yes. Three senators who caucus with the Democrats voted nay.

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Twenty-two GOP yeas is not quite half of the 49 member Senate Republican Conference. But that’s still a substantial showing. And 70 votes is a robust figure from the Senate. Seventy yeas would make the bill hard to ignore in the House - under other circumstances.

"I think the House will face a moment of truth. This is a historical moment," said Sen. Chris Van Hollen, D-Md. "You can also be sure our allies are watching, whether in NATO or East Asia, to see whether the United States surrenders, or betrays a partner." 

Democrats demanded that Johnson take up the foreign aid bill. But he immediately resisted. 

"We are not going to be forced into action by the Senate who in the latest product they sent us over does not have one word in the bill about America's border. Not one word about security," said Johnson.

Even though Johnson – and Senate Republicans – mauled a bipartisan Senate compromise for the border.

"What is he afraid of to put national security first to help our country, to push back and push back against (Russian leader Vladimir) Putin, and to make sure that our country is protected?" asked House Democratic Caucus Chairman Pete Aguilar, D-Calif.

It’s not often that House members can bypass the leadership and deposit a bill on the floor. But there is a way to do it. The gambit is called a discharge petition.

Here’s how it works:

A discharge petition requires a solid number of 218 House members to sign up to go over the head of the Speaker. The number is locked in at 218, regardless of the side of the House. The House has 435 members at full population. It’s currently at 431 members. Thus, the discharge petition provision wants at least half of the body to favor sidestepping the leadership.

Rep. Jerry Nadler, D-N.Y., the top Democrat on the Judiciary Committee said he was "absolutely" for a discharge petition.

When asked if most Democrats would sign on, Nadler replied, "yeah, I do."

But not so fast.

Many Democrats might push to advance the foreign aid package. But there are plenty of progressives who aren’t in favor of the bill at all because of concerns for Palestinians.

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"I can’t support that bill with aid to Israel," said Rep. Pramila Jayapal, D-Wash. "There’s also a lot of concerns about the restrictions on the aid to Gaza that the Senate put into the bill, including suspending aid to UNRWA, which is the only agency that can deliver aid in Gaza."

Moreover, Rep. Robert Garcia, D-Calif., thought it was "premature" to execute a discharge petition. He wanted the House to try to work through the issue and get it on the floor another way.

So certainly more Democrats favor of a discharge petition. But no one knows what might constitute that particular universe of votes. Therefore, a discharge petition certainly needs substantial GOP support.

A successful discharge petition will require the support of advocates for Ukraine and moderate Republicans. Someone in that wheelhouse is Rep. Don Bacon, R-Neb. When asked if he was open to signing a discharge petition, Bacon replied "not now." He added he wouldn’t "lean too far forward" just yet.

The Nebraska Republican said "one or two" Democrats talked to him about signing the discharge petition. But he added a caveat.

"I'm interested in finding something we could all agree on," said Bacon.

But that’s just the start.

"I’d never sign a discharge petition when we are in the majority," said Rep. Mario Diaz-Balart, R-Fla.

Rep. Matt Gaetz, R-Fla., suggested that that signatories weren’t team players for the GOP.

"A discharge petition would be a betrayal on the part of anyone signing it," said Gaetz.

This is why there have only been two successful discharge petitions in the House in the past 22 years.

One was on the House’s version of the famous "McCain-Feingold" campaign finance law, named originally after late Sen. John McCain, R-Ariz., and former Sen. Russ Feingold, D-Wisc., in 2002. The other was on a measure to renew the Export-Import Bank.

So, this enterprise is challenging. And while it’s an intriguing parliamentary maneuver, the odds – and history – work against discharge petitions.

The House is now out of session until February 28. The Senate is done until the week after next. Another (yes, another) deadline to avert a government shutdown looms on March 1. A bigger one is barreling down the tracks for March 7. And the Senate must wrestle with an impeachment trial for Homeland Security Secretary Alejandro Mayorkas at the end of the month.

In short, a resolution to the international aid bill isn’t coming soon – if ever.

The threats loom – be a weapon from space for Russia. Threats at the border. Threats from China. The war in Ukraine. Instability in the Middle East.

The Senate finally acted – after a months-long circumnavigation into the border talks.

But there is no viable plan right now to pass the foreign aid package in the House.

It was long said that the Senate is where the House’s hot coffee cools.

In this case, the Senate served the House hot coffee.

And in today’s environment, it’s cooling instead in the House.

Vance’s office doubles down ‘impeachment time bomb’ warning in foreign aid package

FIRST ON FOX: Sen. JD Vance's office will send a letter to GOP lawmakers Thursday doubling down on the claim that the Ukraine-Israel-Taiwan foreign aid package contains an "impeachment time bomb" that would tie the hands of the next administration.

Vance's memo comes a day after former Vice President Mike Pence's policy think tank, Advancing American Freedom (AAF), sent a memo to senators dismissing Vance's claims. 

The national security supplemental text assures the delivery of $1.6 billion to finance Ukraine's military as well as just under $14 billion for Ukraine Security Assistance Initiative through Sept. 30, 2025 – the same aid mechanism that Trump temporarily paused while pushing for an investigation into Biden family foreign business dealings. 

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AAF claimed Wednesday that it's the president’s duty to faithfully execute the law as "written into the Constitution" — known as the Take Care clause — rejecting the argument made by the Nixon administration that the clause "empowered the President to ignore federal statutes."

Vance's office said AAF was actually supporting their point that the Ukraine supplemental would tie Trump's hands if he returns to the White House.

"Therefore, they advance the claim that a future president would have a constitutional responsibility to 'faithfully execute the law' that requires him to fund Ukraine well into his second term or face a (fake) claim of a constitutional/legal violation," Vance's office wrote in the new memo. "That is exactly the claim advanced by the Ukraine Supplemental Impeachment Time Bomb."

"Administration officials have been transparent about efforts to tie the hands of a future presidential administration, with one revealing to the Washington Post that this supplemental bill is a key component of their plan to ‘future-proof aid for Ukraine against the possibility that former president Donald Trump wins his reelection bid,’" the memo continued. "Former senior administration officials, including a former director of the Office of Management and Budget, have validated that this supplemental bill may function as a "secret set of handcuffs" and that opponents of a future president’s Ukraine policy 'will use this to try and tie his hands in the initial weeks of his presidency.'"

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Meanwhile, AAF noted in their memo if the president wants to cut off federal aid to Ukraine, he must get approval from Congress in a 45-day timeframe, "otherwise he must dutifully execute the law as written." 

Vance's office said that rebuttal actually "reinforces" their position "that this supplemental would tie a future president’s hands on spending in Ukraine or he would risk impeachment from Democrats on the same absurd grounds as President Trump’s first impeachment."

The Trump administration, through the Office of Management and Budget (OMB), withheld a total of about $400 million in security assistance from Ukraine in 2019. This came just before Trump asked Ukrainian President Voldomyr Zelenskyy to investigate the family of his 2020 rival, Joe Biden, and while the White House allegedly was withholding an Oval Office visit from Zelenskyy in exchange for an investigation.

These actions are what fueled the impeachment effort against Trump, in which he was ultimately acquitted. 

Vance's memo argues previous Ukraine supplemental bills lacked sunset dates extending into future administrations. The Biden administration requested specific sunset dates in the current bill to extend aid into the next presidential term, which was granted despite most Senate Republicans voting against it. 

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Several other Republican allies of Trump agreed with Vance this week.

Sen. Tommy Tuberville, R-Ala., said the provision in the bill "is gonna force him to send money and spend money for Ukraine."

"This is in the bill," Tuberville told Fox News Digital. "So, it's just another situation where the Democrats are doing something and working towards making sure that money's spent in a certain area where American taxpayers and this country don't have."

Sen. Rand Paul, R-Ky, also agreed with Vance and claimed that Democrats are "setting up" for a possible Trump presidential win.

Several Republican lawmakers want Schumer to reconvene Senate ‘immediately’ for Mayorkas impeachment trial

Some Senate Republicans want the upper chamber to reconvene "immediately" to proceed with an impeachment trial of Homeland Security Secretary Alejandro Mayorkas over his handling of the ongoing migrant crisis at the southern border. The House voted to impeach Mayorkas Tuesday night in a tight 214-213 vote. 

Mayorkas is the first Cabinet secretary to be impeached by the U.S. Congress since 1876.

"Schumer should reconvene the Senate immediately and proceed to trial," Sen. Josh Hawley, R-Mo., wrote in a post on X Tuesday night. 

Fox News Digital reached out to Schumer's office for comment and did not hear back by time of publication. But in a statement Tuesday night after the vote, Schumer said the impeachment trial will begin later this month. The Senate is scheduled to return from recess on Feb. 26.

"The House impeachment managers will present the articles of impeachment to the Senate following the state work period," Schumer said in a statement. "Senators will be sworn in as jurors in the trial the next day."

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Sen. Mike Lee, R-Utah, said in a post that the Senate "cannot fail" to "uphold" its constitutional duty and "conduct an impeachment trial for Secretary Mayorkas, who has ignored his duty to protect our country."

"Chuck Schumer is trying to sweep this travesty under the rug by violating the constitution and foregoing a trial. Republican leadership cannot stand idly by and let him," he wrote. 

Echoing the urgency, Sen. Rick Scott, R-Fla. urged the upper chamber to take quick action: "The Senate must take this up immediately."

"While some in the Senate sided with securing Ukraine's border before our own, I'm glad to see House Republicans do the right thing and hold this lawless administration accountable," he wrote Tuesday night.

In a statement to Fox News Digital, Sen. Eric Schmitt, R-Mo., compared how Democrats treated Trump's impeachment trials versus "the cabinet member responsible for 9 million illegal migrant entries on the southern border." 

"They show zero interest in demanding real accountability," Schmitt said. "This impeachment coming to the Senate will undoubtedly show how unserious Democrats have become when it comes to responsibly leading the country and protecting Americans. Mayorkas’ impeachment proceedings should be brought to the Senate floor ASAP, but don’t hold your breath for any meaningful change at the border while Democrats are in charge."

Schmitt's sentiments are shared by several Senate Republicans who opposed the failed border bill that was in the national security supplemental package, citing concerns about increased power for President Biden and Mayorkas. They argued that shifting asylum claim responsibilities to the secretary of Homeland Security undermines immigration court processes.

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The Senate ultimately voted to remove the border bill text and passed a standalone $95 billion foreign aid bill. 

"I don't think it ever made sense to many Americans that we're negotiating a border deal with the person we're trying to impeach," Sen. Roger Marshall, R-Kan., told Fox News Digital in an interview ahead of the vote on Tuesday. 

"I welcome the impeachment," Marshall said. "He didn't enforce the law of the land, he broke his oath to Americans as well. So I think, for all those reasons, he should be impeached."

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

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Fox News Digital has reached out to DHS for comment. In a statement following the House's vote, DHS spokesperson Mia Ehrenberg said: "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. While Secretary Mayorkas was helping a group of Republican and Democratic Senators develop bipartisan solutions to strengthen border security and get needed resources for enforcement, House Republicans have wasted months with this baseless, unconstitutional impeachment.

"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," Ehrenberg added.

Fox News' Elizabeth Elkind contributed to this report. 

Mike Pence’s think tank rebuts JD Vance’s ‘impeachment time bomb’ claim in foreign aid package

FIRST ON FOX: Former Vice President Mike Pence's policy think tank, Advancing American Freedom (AAF), sent a memo to senators Wednesday pushing back against Sen. JD Vance's theory that the $95 billion foreign aid package contains an "impeachment" clause for the next administration hidden in its text.

AAF's memo comes after Vance circulated a memo ahead of the national security supplemental package vote Monday arguing the bill includes a provision that could be grounds to impeach former President Donald Trump if he wins the White House again. 

The text assures the delivery of $1.6 billion to finance Ukraine's military as well as just under $14 billion for Ukraine Security Assistance Initiative through Sept. 30, 2025 – the same aid mechanism that Trump temporarily paused while pushing for an investigation into Biden family foreign business dealings. 

"The president’s duty to faithfully execute the law is written into the Constitution," AAF's memo reads. "It’s not an ‘impeachment time bomb’ created by the foreign aid package."

According to the memo, AAF argues that the Constitution mandates the president to faithfully execute laws, rejecting attempts from lawmakers to interpret this as permission to ignore statutes. 

The Impoundment Control Act ensures Congress controls funding, requiring presidential notification and approval for cuts within a 45-day timeframe. Congress wields the power of the purse, the AAF memo states, despite changes in administrations. 

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"Congress routinely appropriates funds across presidential terms," the memo reads. "Following the argument to its logical conclusion, all advance appropriations are ‘impeachment time bombs.’"

"The Trump-Pence administration sold weapons to Ukraine that the Obama-Biden administration refused to," the memo continued. "It also countered Putin’s influence by blocking Russia’s Nord Stream 2 pipeline, which President Biden green-lighted."

Meanwhile, Vance's memo claimed that the supplemental bill "represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration."

Trump has promised he would end the war in Ukraine within 24 hours if he is elected president. 

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The Trump administration, through the Office of Management and Budget (OMB), withheld a total of about $400 million in security assistance from Ukraine in 2019. This came just before Trump asked Ukrainian President Voldomyr Zelenskyy to investigate the family of his 2020 rival, Joe Biden, and while the White House allegedly was withholding an Oval Office visit from Zelenskyy in exchange for an investigation.

These actions are what fueled the impeachment effort against Trump, in which he was ultimately acquitted. 

Mark Paoletta, former OMB general counsel during the Trump administration, told Fox News Digital in a statement this week that the clause in the bill text is an "effort to inappropriately tie President Trump’s hands in his next term by locking in Ukraine funding for multiple years." 

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Last week, AAF praised the bill for its continued assistance to Ukraine, Israel and Taiwan, but bashed the billions of dollars earmarked for "non-lethal" aid, such as "direct budget support" to Ukraine. It also criticized the bill for not including H.R 2, the House's border security policy passed last year that would crack down on asylum screenings and restore most Trump-era restrictions at the southern border. 

User’s Manual to what’s next now that the House impeached Mayorkas

The House has now impeached Homeland Security Secretary Alejandro Mayorkas.

Think of impeachment as an indictment. It’s up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial.

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet secretary prior to Mayorkas. That was Secretary of War William Belknap in 1876. 

Don’t expect anything to start until late February or early March. The House will send the articles of impeachment plus the House "managers" over to the Senate to formally begin the trial.

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"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors.

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Rotunda to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate.

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas."

The articles are then presented to the Senate and the managers are introduced. That is all they usually do on the first day of a Senate trial– although FOX was told the Senate might try to squeeze everything into one day.

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Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But FOX is told that could happen on day one in this instance.

According to Senate rules, the trial must begin the day after the Senate receives the articles at 1 pm in the afternoon. Trials are supposed to run Monday through Saturday. We had Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021.

It is unlikely that U.S. Chief Justice John Roberts presides over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray (D-Wash.) presides over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all. How much of a trial is there? 

The Senate cannot immediately bypass a trial. Senate Majority Leader Chuck Schumer (D-N.Y.) has announced that Mayorkas' trial will begin later in February. The House has named its 11 impeachment managers. Senators will be sworn in as the jury.

Senators can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. The Senate could also send the articles to a committee for review.

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In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd (D-W.Va.) made a motion to dismiss the charges.

There will eventually be either a vote to convict/exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that FOX polling data revealed that border security was the number one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown (D-Ohio), Jon Tester (D-Mont.), Bob Casey (D-Pa.), Tammy Baldwin (D-Wis.), Jacky Rosen (D-Nev.) and Kyrsten Sinema (I-Ariz.) – if she runs. 

But the Senate must at least entertain the articles for a day or two – and then render some sort of judgment.

GOP senator fumes over Biden admin providing veteran medical resources to illegal immigrants

President Biden is facing increased scrutiny over his administration providing health care administrative services to illegal migrants amid a worsening border crisis, potentially exacerbating long wait times for American veterans utilizing Department of Veterans' Affairs (VA) facilities.

In an interview with Fox News Digital, Sen. Tommy Tuberville, R-Ala., touted his recently introduced No VA Resources for Illegal Aliens Act, which he introduced alongside Rep. Mike Bost, R-Ill., that would ban such action, one of the many problems he says are facing the country as a result of the border "disaster" taking place under Biden's watch.

"[Biden's] decided, OK, we've got to feed all these 10 million people we've let come across the border, we've got to house them, and we've got to give them health care," Tuberville said. "They've opened up care from the doctors in these [VA] community care systems. The lines now in the VA's are getting longer. Our funds that are supposed to go to the veterans are going to these illegal immigrants that are coming across."

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Tuberville lamented that the VA was already not able to provide care for all 19 million veterans living across the country and that the community systems he mentioned had helped reduce wait times until the border crisis began to get worse.

The arrangement between the VA's Financial Service Center (VA-FSC) and Immigration and Customs Enforcement (ICE) to process claims for migrant medical care is a longstanding one that actually predates the Biden administration and was outlined in a 2020 memo during former President Trump's administration.

When an illegal migrant under ICE detention requires health care, they are typically treated onsite by medical professionals. However, if specialist or emergency care is required, they may be taken to an independent private provider.

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In such cases, ICE contracts with the VA’s Financial Service Center (VA-FSC) to process reimbursements to those providers. According to a report from July, ICE has hundreds of letters of understanding in which ICE’s Health Service Corps (IHSC) will reimburse providers at Medicare rates. That uses the VA-FSC’s Healthcare Claims Processing System, which a portal that allows providers to submit and view claims and access other resources.

The VA told Fox News Digital in December that it has had an interagency agreement with the IHSC since 2002 to provide processing, but it also noted that the department neither provides health care nor pays for it. Under the agreement with IHSC, ICE pays fees for the claims processing services rendered and covers disbursements made to pay for claims.

However, the crisis at the border, with record numbers of migrants crossing into the U.S. and needing medical care, has likely worsened what one former veterans' affairs adviser told Fox News Digital in December was a "history of a backlog of medical claims which has resulted in veterans getting bills they shouldn't be getting, and … having dissatisfied community care providers who are not getting paid in a timely manner."

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Tuberville expressed hope that the bill could get some bipartisan support, considering the election year and that a number of Democrats up for reelection are running close races.

"I think we've got a great opportunity to get this, maybe not to a vote, but at least where we discuss it on the floor, where the American people start to understand it," he said. "An election year is a great year to try to get some kind of bipartisan help on any type of bill, especially when it comes to the veterans. That means so much to us here in our country."

Tuberville went on to blast the Biden administration's selling of border wall materials purchased under the previous administration rather than using them as a barrier to deter border crossings, and he blasted Homeland Security Secretary Alejandro Mayorkas, who narrowly survived an impeachment vote last week, as a "globalist" who has no interest in walls or borders.

"If we don't get a guy like President Trump in office, heaven help us. I don't know what we're going to do," he added.

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

Fox News' Adam Shaw and Jamie Joseph contributed to this report.

Sen Paul says Ukraine aid package would ‘tie the hands’ of future administrations

Several conservatives agree with Sen. JD Vance's memo circulated early Monday that there's a "hidden" clause in the national security supplemental bill that he believes could be grounds to impeach former President Donald Trump from office if elected to office later this year. 

Vance sent a memo to GOP lawmakers highlighting that the bill, which would send billions of federal dollars to Ukraine, assures the delivery of funding through September 2025. Trump, however, has vowed to end the war in Ukraine within 24 hours of gaining office, which would also end funding.

Vance's memo claimed that the supplemental bill "represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration," and he urged Republicans to block its passage. 

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Sen. Rand Paul, R-Ky, said he supported Vance's memo on Monday, arguing that Democrats are "setting up" for a possible Trump presidential win.

"They're locking in foreign aid that will even tie the hands of the next president," Paul told Fox News Digital in an interview. "So, I think it's a terrible idea. But also, if the next President were to try to have a different policy, you can see the Democrats again starting an impeachment."

"I think they're going to try to impeach him before he gains office now, and that's exactly what this is," he said.

Mark Paoletta, former Office of Management and Budget (OMB) General Counsel during the Trump Administration, told Fox News Digital in a statement that the clause in the bill text is an "effort to inappropriately tie President Trump’s hands in his next term by locking in Ukraine funding for multiple years." 

"In a presidential election year, Congress should not be making long-term funding commitments, particularly in foreign policy, that will attempt to tie the hands of the next commander in chief," Paoletta said. "President Trump had every right to pause the Ukraine funding for about 60 days, given his concerns about corruption in Ukraine and how best to spend those funds."

He added, "As OMB General Counsel, I issued the legal justification to pause the funding, and would do it again today."

Russ Vought, a former Trump cabinet member, also agreed with Vance's memo and said in a post on X that Vance is "absolutely right to interpret these Ukraine provisions" in this manner. 

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Sen. Tommy Tuberville, R-Ala., said the provision in the bill "is gonna force him to send money and spend money for Ukraine."

"This is in the bill," Tuberville told Fox News Digital. "So, it's just another situation where the Democrats are doing something and working towards making sure that money's spent in a certain area where American taxpayers and this country don't have."

The Trump administration, through the OMB, withheld a total of about $400 million of security assistance from Ukraine in 2019. This came just before Trump asked Ukrainian President Voldomyr Zelenskyy to investigate the family of his 2020 rival, Joe Biden, and while the White House allegedly was withholding an Oval Office visit from Zelenskyy in exchange for that investigation.

These actions are what fueled the impeachment effort against Trump, in which he was ultimately acquitted. 

Trump has indicated that if he is elected president this year, he would resolve the war in Ukraine "within 24 hours." 

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The supplemental package, on track for final passage this week in the upper chamber, would send billions of federal dollars to Ukraine, Israel and the Indo-Pacific. The bill text includes $1.6 billion to finance Ukraine's military as well as just under $14 billion for the Ukraine Security Assistance Initiative, set to expire on Sept. 30, 2025. 

"These are the exact same accounts President Trump was impeached for pausing in December 2019," Vance wrote in a memo distributed to GOP offices early Monday. "Every single House Republican voted against this impeachment solution."

The Senate is gearing up for the last round of procedural votes Monday night to push the supplemental package forward for a final vote this week, despite several Republicans in opposition who are avoiding a time agreement to continue filibustering. It's unclear if the bill would pass in the GOP-led House. 

A former version of this bill that included border-related provisions failed to pass in the Senate last week. 

The offices of Senate Majority Leader Chuck Schumer, D-N.Y., and Senate Minority Leader Mitch McConnell. R-Ky., did not respond to Fox News Digital's requests for comment on Vance's memo.

Fox News' Tyler Olson and Anders Hagstrom contributed to this report. 

Former Maryland Gov. Larry Hogan announces Republican run for Senate

Former Maryland Gov. Larry Hogan announced Friday he is running for the U.S. Senate.

"I am running for the United States Senate -- not to serve one party -- but to stand up to both parties, fight for Maryland, and fix our nation's broken politics," the Republican said in a post on X. "It’s what I did as Maryland’s governor, and it’s exactly how I'll serve Maryland in the Senate. Let’s get back to work."

Hogan will be running for the seat opened up by the retiring Maryland Sen. Ben Cardin, a Democrat, who has held the position since 2007. The state hasn't elected a Republican senator in decades and Hogan will face off against Democrats such as Rep. David Trone and Prince George's County Executive Angela Alsobrooks.

"Fifty years ago, my father, Maryland Congressman Larry Hogan Sr. made a very tough decision. He became the first Republican to come out for the impeachment of President Nixon. He put aside party politics and his own personal considerations and he stepped up to do the right thing for Maryland and the nation," Hogan said in a video released Friday. "Today, Washington is completely broken because that kind of leadership, that kind of willingness to put country over party has become far too rare." 

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"My fellow Marylanders, you know me. For eight years, we proved that the toxic politics that divide our nation need not divide our state," Hogan continued. "We overcame unprecedented challenges, cut taxes eight years in a row, balanced the budget and created a record surplus. And we did it all by finding common ground for the common good." 

"The politicians in Washington seem to be more interested in arguing than actually getting anything done for the people they represent. Enough is enough," Hogan added. "We can do so much better, but not if we keep electing the same kind of typical partisan politicians." 

Hogan said he would "work with anyone who wants to do the people's business" and that "we desperately need leaders willing to stand up to both parties."

The campaign announcement comes after Hogan recently endorsed Nikki Haley for the 2024 Republican presidential nomination and stepped down from the leadership of the third party movement No Labels.