Crowded field of potential McConnell successors emerges in Senate

Several potential successors are being eyed to fill outgoing Republican Minority Leader Mitch McConnell's role as the party faces growing division between more mainstream Republicans and a faction of hardline conservative members.

Among those who are being floated as a potential replacement for the leadership position are senators John Cornyn, R-Texas; John Thune, R-N.D.; John Barrasso, R-Wyo.; Rick Scott R-Fla.; Tom Cotton, R-Ark.; and Steve Daines, R-Mont. 

McConnell, who turned 82 last week, announced in a floor speech Wednesday he will step down from leadership in November. The Kentucky Republican is the Senate's longest-serving party leader in history.

Speculation about Thune, Barrasso or Daines taking over as leader stems from their current roles in GOP leadership. They serve as Republican whip, Senate Republican Conference chairman and National Republican Senatorial Committee chairman, respectively. 

MITCH MCCONNELL STEPPING DOWN AS REPUBLICAN LEADER

"Chairman Daines is laser-focused on taking back the Senate majority," NRSC communications director Mike Berg told Fox News Digital.

One source familiar with Senate Republican conference discussions shared that the "three Johns" — Thune, Cornyn and Barrasso — are not of the same political stripe. Barrasso is considered the most conservative out of the three, the source said. Barrasso is also believed to be a more palatable option for the various factions of Republicans in the Senate who don't always see eye to eye. He notably endorsed former President Trump early last month.

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"What I'm focused on is the election," Barrasso told reporters shortly after McConnell's announcement.

As for decisions regarding leadership, he said, "I'm going to talk to members of the conference, hear what they have to say, listen to them in terms of what direction that they want to take with us."

Both Cornyn and Thune also endorsed Trump after Barrasso. Thune had initially endorsed fellow Sen. Tim Scott R-S.C., who ultimately dropped out and endorsed Trump. 

Sen. Rick Scott was more pointed in his statement following McConnell's surprise announcement, saying in a statement, "I have been very clear and have long believed that we need new leadership in the Senate that represents our voters and the issues we were sent here to fight for."

When Scott challenged McConnell for the position, Sen. Mike Braun, R-Ind., told reporters McConnell received 37 votes from conference members, while Scott received 10. One Republican voted "present." Some of those who reportedly voted against McConnell were senators Josh Hawley, R-Mo; Ted Cruz, R-Texas; Braun; Ron Johnson, R-Wis.; and Lindsey Graham, R-S.C. 

Sen. Mike Lee, R-Utah, who supported Scott in 2022, would welcome Scott's leadership if he were to take over, a staffer in Lee's office told Fox News Digital.

MCCONNELL SAYS SENATE TRIAL FOR MAYORKAS IMPEACHMENT IS THE 'BEST WAY FORWARD'

The source also shared that Cotton was being mentioned as a potential contender for the position. Cotton's office couldn't immediately be reached for comment. 

Cornyn, who does not hold a leadership position in the GOP and is poised to launch a potential bid for leader, said in a statement Wednesday that "today is about Mitch McConnell."

"But I've made no secret about my intentions," he added.

Cornyn on his timeline: "Not today."

Cornyn also endorsed former President Trump to be the Republican presidential nominee, and some lawmakers have begun looking to the likely GOP candidate for guidance about who should replace McConnell.

Sen. Tommy Tuberville, R-Ala., told reporters Wednesday the next person "absolutely" needs to have a more positive relationship with Trump, adding, "He's going to be the next president, we have to work together."

Sen. Roger Marshall, R-Kan., agreed. 

"It's so important that the next leader have a very positive relationship with the president," Marshall told Fox News Digital in an interview Wednesday. "I think that this next leader needs to have a little bit more, maybe a lot more of a populist view."

Marshall, who positioned himself alongside conservative hardliners who were critical of McConnell and voted against the bipartisan border deal in the national security supplemental package this month, added that the names being floated for leadership have been "interviewing for the job since I got here."

"I watch how they vote. I watch what their priorities are. I've been watching their volume on what issues they're championing," he said. "All the names … have great qualities. They would do a fine job. But I've not even started a process of weeding them out. And I tell you, it'll be one of the toughest decisions I've ever made."

Fox News' Chad Pergram contributed to this report. 

Mitch McConnell stepping down as Republican leader

Longtime Republican leader Sen. Mitch McConnell, R-Ky., announced Wednesday he will step away from leadership in November. 

McConnell, who turned 82 last week, announced his decision in the well of the Senate shortly after noon, a place where he looked in awe from its back benches in 1985 when he arrived and where he grew increasingly comfortable in the front-row seat afforded the party leaders.

"One of life’s most underappreciated talents is to know when it’s time to move on to life’s next chapter," he said in prepared remarks reported by The Associated Press. "So I stand before you today ... to say that this will be my last term as Republican leader of the Senate."

The dramatic decision, which will set up a leadership election in the GOP conference with several likely candidates, comes as Republicans have expressed increasing discontent with McConnell's handling of the bipartisan border bill and national security supplemental package that included aid for Ukraine, Israel and Taiwan. 

MCCONNELL SAYS MAYORKAS IMPEACHMENT TRIAL IS THE ‘BEST WAY FORWARD’

McConnell has also butted heads with former President Donald Trump, the 2024 Republican presidential front-runner, who recently said at a Fox News town hall, "I don't know that I can work with [McConnell]." 

Though McConnell will not be GOP leader after this year, he intends to finish his current senate term, which ends in January 2027. Sources familiar with his thinking told Fox News Digital the senator's health was not a factor in his decision. McConnell had a concussion after a fall last year and two public episodes when he appeared to freeze while addressing reporters. 

"As I have been thinking about when I would deliver some news to the Senate, I always imagined a moment when I had total clarity and peace about the sunset of my work," McConnell said on the Senate floor. "A moment when I am certain I have helped preserve the ideals I so strongly believe. It arrived today."

Looking ahead to his departure, McConnell said it is time for "the next generation" to assume leadership in the Senate. 

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"There will be a new custodian of this great institution next year. As you know, I intend to turn the job over to a Republican majority leader," he said. "I have full confidence in my conference to choose my replacement and lead our country forward." 

Potential successors may include one of McConnell's lieutenants, Sens. John Cornyn, R-Texas, John Thune, R-S.D., or John Barasso, R-Wyo. 

Florida Senator Rick Scott had previously challenged McConnell for GOP leadership in 2022, but lost that leadership election 37-10. 

Reacting to the announcement, several Republicans expressed gratitude for McConnell's leadership and honored his decades-long career in government.

RAND PAUL: KENTUCKY SO UPSET WITH MCCONNELL OVER UKRAINE AND BORDER, A TOP DEMOCRAT COULD WIN HIS SEAT

"Mitch has had a long and honorable tenure as the Republican leader. I am grateful for his service," said Sen. Ted Cruz, R-Texas, who had called on McConnell to step down earlier this month. "He made the decision that it was time to step down as Leader, and I certainly respect his judgment in that regard. He has many legacies, but none is more consequential than confirming hundreds of principled constitutionalists to the federal judiciary."

North Carolina Senator Thom Tillis called McConnell "a true legend of the U.S. Senate" and praised his leadership on tax reform, the coronavirus response and support for Ukraine. 

"He has stayed true to President Reagan's principle of peace through strength as a stalwart supporter of NATO and Ukraine's fight for freedom against Russian aggression. I will always be grateful for Mitch's friendship, advice, and steadfast leadership of our conference during unprecedented times," Tillis said. "He leaves very big shoes to fill." 

Others were less kind.

"I called on McConnell to step down over a year ago. This is good news," said Sen. Josh Hawley, R-Mo. But why wait so long — we need new leadership now." 

Fox News Digital's Jamie Joseph, Liz Elkind and Julia Johnson, as well as the Associated Press contributed to this report.

McConnell says Senate trial for Mayorkas impeachment is the ‘best way forward’

Sen. Minority Leader Mitch McConnell, R-Ky., said on Tuesday he supports a full impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas over his handling of the border crisis.

"I think that would be the best way to go forward," McConnell told reporters after the weekly Senate GOP leadership press conference.

Top GOP leader behind McConnell, Republican Whip Sen. John Thune, also called for a full impeachment trial, while more GOP lawmakers argue Democrats are attempting to short circuit a trial. 

"The House of Representatives has determined that Secretary Mayorkas has committed impeachable offenses. That issue will come before the United States Senate. I believe the Senate needs to hold a trial," Thune announced. 

CONGRESS LIKELY TO PUNT GOVERNMENT SHUTDOWN DEADLINES AGAIN, SOURCES SAY

"I’m going to make the argument — and I’m sure the Democrats will try to dismiss it — that we ought to be having a trial, conducting a trial of the United States Senate to determine whether these are impeachable offenses," he went on.

Senate conservatives have been putting pressure on Republican leadership to push forward with a trial as it's unclear whether the Democrat-controlled Senate will move forward with the House's articles. 

Sen. Rick Scott, R-Fla., is one of the lawmakers pushing for a full trial. He told Fox News Digital Tuesday that "we have got to make sure we have a real trial and get to real facts about what's going on here."

"So if he thinks he's done such a great job come and explain it. But what they want to do is they want to short circuit this," he said. 

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Scott, alongside nearly a dozen Senate Republicans, signed a letter led by Sen. Mike Lee, R-Utah, last week urging McConnell "ensure that the Senate conducts a proper trial, and that every senator, Republican and Democratic, adjudicates this matter when the Senate returns."

"According to multiple briefings by your staff, Majority Leader Schumer and Senate Democrats intend to dispense with the articles of impeachment by simply tabling both individually," Lee wrote. "This is an action rarely contemplated and never taken by the U.S. Senate in the history of our Republic."

Meanwhile, Sen. Majority Leader Chuck Schumer, D-N.Y., didn't give clarity on Tuesday about whether a trial would be scheduled. After the House voted to impeach Mayorkas earlier this month, Schumer assured a trial would proceed this week. That now appears to be unlikely as a partial government shutdown looms. 

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

"Look, as I’ve said, the impeachment of Mayorkas is absurd. There’s not one drop of evidence that leads to any kind of charge of impeachment, and we’re going to handle it in the best way possible," Schumer told reporters on Tuesday.

There is also growing frustration among the 11 House impeachment managers about when they will present their articles to the Senate in the case of Homeland Security Secretary Alejandro Mayorkas. 

House managers serve as "prosecutors" and argue the impeachment case before the Senate

One impeachment manager told Fox they had been given "no clear guidance" about the roles they might play or when the House may even transmit the articles to the Senate. 

Fox News' Chad Pergram contributed to this report. 

Tim Scott rips ‘two-tiered standard’ between treatment of Trump, Biden on border executive action: video

FIRST ON FOX — Republican South Carolina Sen. Tim Scott slammed what he called a "two-tiered standard" concerning President Biden mulling executive action to handle the border crisis, and how former President Trump was treated during his presidency when he attempted to do the same thing.

"Well, there's no question that there's a two-tiered standard in our national media. The way they cover President Trump versus the way that they use kid gloves to cover Joe Biden. There's no question about that," Scott said during a Thursday interview with Fox News Digital when asked about reports that Biden is weighing executive action to crack down on asylum-seeking.

"More important, however, is that when we had President Trump in office, we actually had a basically sealed southern border. Crossings were around a thousand a day. Under President Biden in December, we had 10,000 crossings on average per day," he added. "That contrast should be what the media is covering."

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An administration source told Fox earlier this week that Biden is considering executive action to restrict the ability of migrants to claim asylum amid historic numbers of border crossings facing the country, but that it’s one of "several" plans being looked at.

An administration official also stressed that there have been no final decisions on what actions, if any, could be taken and that exploring policy options does not mean they will come to pass.

One of the options reportedly on the table is use of 212(f) of the 1952 Immigration and Nationality Act, which allows the president to restrict certain categories of foreigners who are deemed "detrimental to the interests of the United States." Trump attempted to use it but was blocked by a federal court, a ruling later upheld by the Supreme Court.

HISPANIC HOUSE DEMS ACCUSE BIDEN OF LEAVING THEM IN DARK ON POSSIBLE EXECUTIVE ACTION AT BORDER

The former president also faced sharp criticism from Democrats and members of the liberal media for attempting to use executive action on immigration, including being called "xenophobic" and "racist."

Biden has yet to face the same widespread level of criticism, although some of the more progressive Democrats have lashed out at the idea of Biden reverting to the previous administration's approach.

"Democrats CANNOT solve immigration problems by adopting Trump-like policies," Rep. Pramila Jayapal, D-Wash., wrote in a post on X, while Rep. Jesús García, D-Ill., claimed, "President Biden would be making a grave mistake if he moves forward with this policy."

DEMOCRAT IN CRUCIAL SENATE RACE UNDER FIRE FOR PAST AMNESTY, SANCTUARY CITY ‘SUPPORT’ AS BORDER CRISIS SPIRALS

The possible executive action by Biden comes just under two weeks after the House of Representatives narrowly voted to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the border crisis.

During a gaggle with reporters after casting his vote in the South Carolina primary earlier in the day, Scott told Fox that he "certainly" supported Mayorkas' impeachment, and he praised the House for having the "courage" to take such action. However, he admitted the task likely wouldn't go anywhere in the Democrat-controlled Senate.

"The best way to eliminate Mayorkas being the secretary is to actually fire Joe Biden," he said. "If we really want to change the trajectory of the country as it relates to immigration — illegal immigration — we have to do so by having someone, a commander-in-chief, who respects our borders, who wants to close our borders."

Fox News' Adam Shaw and Paul Steinhauser contributed to this report.

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. 

REPUBLICANS BLOCK THEIR OWN BILLS FROM THE FLOOR

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."

SENATE VOTED IN FAVOR OF $95 BILLION INTERNATIONAL SPENDING BILL, THERE MAY BE ANOTHER AROUND THE CORNER

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.

HOUSE VOTE ON FOREIGN AID FUNDING IN LIMBO

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. 

MIKE PENCE'S THINK TANK PUSHES BACK ON JD VANCE'S 'IMPEACHMENT TIME BOMB' CLAIM IN FOREIGN AID PACKAGE

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.'"

SENATOR PAUL ASSERTS UKRAINE AID PACKAGE WOULD 'TIE THE HANDS' OF FUTURE ADMINISTRATIONS

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. 

SEN. VANCE MEMO WARNS GOP COLLEAGUES OF ‘SYSTEMIC FAILURES’ IN US AID TO UKRAINE

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."

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

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.

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

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.

OVER 40 LAWMAKERS SIGN BRIEF TO SUPPORT TEXAS IN IMMIGRATION FIGHT WITH BIDEN ADMINISTRATION

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. 

SENATOR PAUL ASSERTS UKRAINE AID PACKAGE WOULD 'TIE THE HANDS' OF FUTURE ADMINISTRATIONS

"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. 

SEN. VANCE MEMO WARNS GOP COLLEAGUES OF ‘SYSTEMIC FAILURES’ IN US AID TO UKRAINE

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." 

SENATE PASSES CONTROVERSIAL FOREIGN AID BILL SENDING BILLIONS TO UKRAINE, ISRAEL AND TAIWAN

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.