Category: fox-news/politics/senate

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

Posted on by Latest Political News on Fox News

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.

SENATE APPROVES $95 BILLION FOREIGN AID BILL

"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.

BIDEN’S EXPORT SUSPENSION ON LIQUEFIED NATURAL GAS COULD SPIKE YOUR HEAT BILL

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.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

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

Posted on by Latest Political News on Fox News

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."

KAMALA HARRIS ‘READY TO SERVE’ AS DEMOCRATS SOUND ALARM ABOUT BIDEN'S AGE: REPORT

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.

TREASURY CONFIRMS TERMS LIKE ‘MAGA,’ TRUMP,' KAMALA,' ‘BIDEN’ USED IN PRIVATE BANK TRANSACTION SEARCHES

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."

BIDEN CONSIDERED RESIGNING VICE PRESIDENCY ‘IN PROTEST’ OVER OBAMA'S AFGHANISTAN POLICY: HUR REPORT

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

Posted on by Latest Political News on Fox News

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. 

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

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. 

PENTAGON FINALLY RUNS OUT OF MONEY FOR UKRAINE, URGES 50 ALLIES TO CONTINUE SUPPORTING KYIV

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." 

RUSSIAN LAWMAKERS WEIGH BILL TO SEIZE PROPERTY FROM THOSE WHO CRITICIZE PUTIN'S INVASION OF UKRAINE

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

Posted on by Latest Political News on Fox News

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." 

HALEY ENDORSED BY FORMER MARYLAND GOV. LARRY HOGAN

"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.

The Hitchhiker’s Guide to potential timing for the Senate and the international aid package

Posted on by Latest Political News on Fox News

The Senate has now cleared the first barrier to starting debate on the $95 billion aid package for Ukraine, Israel and Taiwan.

But how long until there’s a final vote?

In short, this might take a while.

Expect the strong possibility of weekend sessions and even important overnight votes. It’s possible this may not wrap up until next Tuesday – or beyond.

IMPEACHMENT OF ALEJANDRO MAYORKAS WILL HINGE ON THE MATH: CHAD PERGRAM

To wit:

The Senate overcame a filibuster just to start debate on the bill. From a very technical standpoint, the Senate is not on the bill just yet. Opponents of clearing the filibuster are awarded 30 hours after the vote early today.

So, unless there is an agreement to speed things up, the Senate could vote Friday evening around 7 pm ET just to get on the bill.

At that stage, Senate Majority Leader Chuck Schumer (D-N.Y.) will likely "file cloture" to try to end debate on the bill.

By rule, if Schumer files on Friday, the Senate cannot vote to overcome the second filibuster until Sunday. "Cloture" (to end a filibuster) requires an "intervening day" before voting to end the filibuster. So that means the Senate can’t vote to break the second filibuster until Sunday. Saturday serves as the "intervening day."

But this is where this gets tricky.

ISRAEL, UKRAINE FOREIGN AID BILL CLEARS FIRST HURDLE IN SENATE WITHOUT BORDER AND IMMIGRATION PROVISIONS

By rule, the Senate must vote to crack the second filibuster one hour after the Senate meets on Sunday. This presents "The Super Bowl Scenario." What the Senate MIGHT do if they are really trying to step on the gas (and get senators the game or to watch the Super Bowl), is meet at 12:00:01 am et SUNDAY. The intervening day (Saturday) will have expired. By rule, the Senate can vote at 1:00:01 am ET Sunday to end debate on the overall bill.

However, there is also the "non-Super Bowl" situation here. We’ll call this the "Ravens-Lions" scenario. Say for a moment that senators don’t give a care about the Super Bowl. So the Senate might meet at noon or 1 pm et Sunday. By rule, the procedural vote to end the filibuster would happen one hour after the Senate meets. So just after 1 pm ET Sunday or 2 pm ET Sunday.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

If the Senate gets 60 votes to break a filibuster, the bill is on a glidepath to eventual passage. 

But we are far from finished.

Opponents of the bill can require the Senate to burn up to 30 hours after the Senate breaks the filibuster before the Senate can vote on final passage.

So, unless there’s an agreement, the Senate couldn’t vote on final passage of the bill until Monday night after 7 pm et or so… or… in the wee hours of Tuesday morning. Everything will hinge on when the Senate concludes the procedural vote to end the filibuster.

In addition, there’s lot of interesting stuff to watch in between. Debate. Votes on amendments related to the border. You name it. And, it’s entirely possible that the Senate may actually take several days of debate and amendment votes – and elect to not try to break a filibuster and then pass the bill until late next week.

This is all developing right now.

Ohio Senate candidate says GOP impeaching ‘traitor’ Mayorkas a ‘no brainer’: ‘Grotesquely unqualified’

Posted on by Latest Political News on Fox News

Ohio Republican Senate candidate Bernie Moreno told Fox News Digital this week that Homeland Security Secretary Alejandro Mayorkas should "absolutely" be impeached as House Republicans continue to move toward a floor vote on that very issue.

"Absolutely, the reality is he should have never been appointed. He is grotesquely unqualified for the job and the reality is he's been a traitor," Moreno told Fox News Digital as Republicans were marking up articles of impeachment against Mayorkas who they say has "repeatedly violated laws enacted by Congress regarding immigration and border security."

"He's not followed the laws of the land," Moreno continued. "He's allowed people to come in here, he's put this country in jeopardy. We have no idea how many, hardened criminals and terrorists have come into our country. We have a number of what they've identified as being on a terror watch list, but as you know, there's hundreds of thousands, if not millions who have been classified as ‘gotaways,’ people who we have no idea who they are."

"So absolutely, Mayorkas should be impeached. I called for that over a year ago. It’s a no brainer. This guy's grotesquely unqualified for his job."

TRUMP ALLY MORENO PICKS UP NOEM ENDORSEMENT, RISES TO TOP OHIO REPUBLICAN VYING TO BOOT DEMOCRAT SHERROD BROWN

The push to impeach Mayorkas for his role in failing to stem the flow of record illegal immigration into the United States during Biden’s tenure is expected to come to a full House vote in a matter of days. If the vote goes through, the case will head to the Senate for a trial.

Mayorkas has strongly denied the legitimacy of an impeachment effort calling it "baseless" and "false."

TRUMP CALLS ON 'ENTIRE REPUBLICAN PARTY TO UNITE' AROUND BERNIE MORENO IN RACE FOR SEN. SHERROD BROWN'S SEAT

"I assure you that your false accusations do not rattle me and do not divert me from the law enforcement and broader public service mission to which I have devoted most of my career and to which I remain devoted," Mayorkas said in a lengthy letter to House Homeland Security Committee Chair Mark Green.

Moreno, who is running in the GOP primary to compete with Democratic Sen. Sherrod Brown in November, also told Fox News Digital that he does not support the framework of the current immigration bill being talked about in the Senate as a compromise between Republicans and Democrats and that no deal is "absolutely" better than a bad deal.

"5000 people a day is over 1 million illegals, 8500, which is what they're saying what it would take to cut it off, is almost 3 million illegals a year," Moreno explained. 

"That's an insane amount of people that are crossing into our country illegally, if they all wore the same shirt, we'd call that what it is, which is an invasion. We have to have it crystal clear to the rest of the world, there's one way to come to America, the legal way, and we have to have a zero-tolerance policy for any illegal immigration and we actually have to reform our asylum laws to make certain that you can only cross into this country legally and if you cross illegally through a non designated port of entry, then you're immediately returned and you forfeit your right for asylum."

Moreno added, "I think one of the important elements that's not been shared with the American public is Joe Biden has the ability to secure the border today with existing laws. Certainly, we have to reform asylum the way I just laid out but he has the ability to put an end to this illegal invasion of our country. He's choosing not to do so, and Republicans should not be giving him the air cover during a presidential election year in which he can pretend that he's actually doing something about a problem that he's actually caused."

Fox News Digital’s Adam Shaw contributed to this report

Susan Colins, key Senate GOP moderate, won’t back Trump in 2024

Posted on by Latest Political News on Fox News

Sen. Susan Collins, R-Maine, says she will not endorse former President Trump for president, even if he were to become the Republican nominee in the 2024 election. 

Collins, the ranking member on the Senate Appropriations Committee, is a moderate legislator and one of seven Republicans who voted to convict Trump on the impeachment charge of inciting an insurrection during his Senate trial in 2021.

When asked by The Hill whether she would support Trump following his win in New Hampshire, Collins said, "I do not at this point."

Instead, she expressed optimism about former South Carolina Gov. Nikki Haley's campaign and said she was happy that Haley would not drop out after losing to Trump by 11 points in New Hampshire. 

SEN. COLLINS ‘VERY UNLIKELY’ TO BACK TRUMP IN 2024, HITS BIDEN'S ‘CLUMSY’ SUPREME COURT ANNOUNCEMENT

"I’m glad to hear last night that Nikki Haley is determined to stay in [the race.] I think the more people see of her, particularly since she appears to be the only alternative to Donald Trump right now, the more impressed they will be," Collins said.

However, the Maine Republican stopped short of endorsing Haley.

Collins has previously said she was "unlikely" to support Trump and that the former president should not have pledged to pardon those convicted for participating in the Jan. 6, 2021, Capitol riot. 

However, other GOP senators have lined up behind the former president since his convincing primary election wins in Iowa and New Hampshire.

SEN SCOTT SAYS DECISION TO ENDORSE TRUMP OVER HALEY CAME DOWN TO ‘ONE SIMPLE QUESTION’

Sens. John Cornyn, R-Texas, and Deb Fischer, R-Neb., endorsed Trump on Tuesday after he won 54% of the vote in the Granite State's first-in-the-nation-primary. 

"It's time for Republicans to unite around President Donald Trump and make Joe Biden a one-term president," Fischer said in a statement. "These last three years have yielded a crippling border crisis, an inflationary economy that prices the American Dream out of reach for families, and a world in constant turmoil with our enemies on the march. I endorse Donald Trump for president so we can secure our border, get our economy moving again, and keep America safe."

Cornyn posted his endorsement on X, "To beat Biden, Republicans need to unite around a single candidate, and it’s clear that President Trump is Republican voters’ choice."

Sen. John Kennedy, R-La., joined his colleagues on Wednesday, declaring the primary "over." 

HALEY PROJECTS OPTIMISM DESPITE WAVE OF TOP SOUTH CAROLINA POLS SIDING WITH TRUMP IN HER HOME STATE

"Competition makes us all better, so I let the primary play out, but this thing’s over," Kennedy posted on X. "It’s going to be Pres. Trump versus Pres. Biden: A choice between hope and more hurt. It’s not even close. I choose hope. I am endorsing Pres. Trump and look forward to working with him."

Despite her second loss, following another defeat in Iowa last week, former Gov. Haley has vowed to stay in the race, even with the prospect looming of an embarrassing home-state primary defeat in South Carolina on Feb. 24.

"New Hampshire is first in the nation. It is not last in the nation," Haley declared before leaving Tuesday night. "This race is far from over. There are dozens of states left to go."

Fox News Digital's Jon Brown and Bradford Betz contributed to this report.

Marshall brings ‘no confidence’ resolution of Mayorkas to Senate floor: ‘Derelict in his duties’

Posted on by Latest Political News on Fox News

FIRST ON FOX: Sen. Roger Marshall, R-M.D., will lead a resolution on the Senate floor Tuesday afternoon calling for a vote of "no confidence" of Department of Homeland Security Secretary Alejandro Mayorkas.

Republican lawmakers have been critical of Mayorkas's handling of the southern border, as illegal immigrant crossings reached a record high last month. 

The resolution comes just days before the House launches an impeachment hearing into the DHS secretary over his handling of the southern border. 

Hundreds of thousands of migrants have illegally crossed into the U.S. Customs and Border Patrol (CBP) sources told Fox News Digital last month that there were upward of 300,000 migrant encounters at the end of December — a historical record for crossings in a single month. 

"Secretary Mayorkas is derelict in his duties and has failed to uphold his oath," Marshall, one of the members of the Senate Committee on Homeland Security & Governmental Affairs, is expected to say on the floor Tuesday afternoon. 

MAYORKAS ACKNOWLEDGES THAT MAJORITY OF ILLEGAL IMMIGRANTS RELEASED INTO US: ‘I KNOW THE DATA' 

"Over the past three years, Secretary Mayorkas has refused to enforce immigration laws passed by Congress, fueling the invasion at our border. He ended effective border policies like catch and release, Remain in Mexico, Title 42, and exploited parole and asylum loopholes that have allowed over 6 million migrants to live in the interior of our country without being vetted and with a court date nearly a decade away," Marshall is expected to say.

"With over 10 million illegal migrants entering our country under this administration's watch, not to mention 1.7 million known 'gotaways,' the crisis at our borders dire," Marshall is expected to say. "Yet, Mayorkas continues to lie to the American people, and even under oath to Congress, when he says he has "operational control" of our borders."

The Republican lawmaker is expected to add, "To claim that he has any control, better yet, 'operational control' as required by law, is not only disingenuous and insulting to the American people who are concerned for their safety and security — it's illegal."

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES

"My colleagues and I have outlined numerous ways Secretary Mayorkas is derelict in his duty as secretary and failed to uphold his oath," Marshall intends to say. 

Following Marshall's floor remarks, Marshall will hold a press conference with Sen. Marsha Blackburn, R-Tenn., and other GOP senators. 

In a private meeting with agents in Eagle Pass, Texas, last week, Mayorkas agreed with Border Patrol agents that the current rate of release for illegal immigrants apprehended at the southern border is "above 85%," according to three Border Patrol sources who were in the room and heard the remarks themselves. 

The conversation happened during the muster for agents in the busy border area. Fox is told Mayorkas was asked directly about comments he made on "Special Report" last week when he was asked by anchor Bret Baier about reporting that over 70% of migrants are released into the U.S. each day.

EX-DHS OFFICIALS BACK JOHNSON'S AGGRESSIVE BORDER STANCE IN FUNDING FIGHT, SAY GOP MUST HAVE ‘CLEAR RESOLVE’ 

"It would not surprise me at all. I know the data," Mayorkas said. "And I will tell you that when individuals are released, they are released into immigration enforcement proceedings. They are on alternatives to detention. And we have returned or removed a record number of individuals. We are enforcing the laws that Congress has passed."

Fox News' Adam Shaw, Bill Melugin and Griff Jenkins contributed to this report. 

Crunch time: Congress kicks off 2024 staring down potential shutdown

Posted on by Latest Political News on Fox News

The sheer crush of time is extraordinary. Congress returns to session this week after a lengthy holiday recess – much longer for the House than the Senate. And lawmakers face an immediate shutdown by the end of next week. 

This is the perfect way to initiate 2024 in Congress. A flirtation with a shutdown in the opening days epitomizes what 2024 may be like on Capitol Hill.

That said, President Biden and bipartisan, bicameral leaders just forged an agreement on a "topline" for all discretionary spending for the remainder of fiscal year 2024. 

This is not a bill. This is not a "continuing resolution," an interim bill to keep the government afloat. 

CONSERVATIVES REVOLT AGAINST JOHNSON-SCHUMER DEAL TO AVOID GOVERNMENT SHUTDOWN: ‘WORSE THAN WE THOUGHT’

But it’s a start. And there is a lot to do to avoid shutting down the government in just a few days. 

With 2024 being an election year – and both the House and Senate controlled by narrow majorities – it could well end with contretemps over election recounts and certifications of House and Senate contests as they sort out which party controls each body heading into 2025. That’s to say nothing of possible debates over who won the presidential election. Naturally that could tee up yet another set of challenges in the House and Senate on January 6, 2025 to decide who heads to 1600 Pennsylvania, Ave. 

So the next 12 months are going to be a doozy in Congress. Hope everyone had a nice vacation. 

If Congress struggles to fund the government, one could envision a scenario where lawmakers are marooned in Washington for weeks on end – ala the 10-plus week stretch in the fall. That involved a dalliance with a government shutdown in October, the dethroning of former House Speaker Kevin McCarthy, R-Calif., and an epic, internecine GOP battle before the House finally elected House Speaker Mike Johnson, R-La.

We don’t believe there’s any immediate threat to Johnson’s grasp on the gavel. But once (and if) lawmakers get through the January 19 funding deadline, that only douses the fiscal flames temporarily. There’s another deadline on February 2. The House is scheduled to be out of session the week of January 21. Then back for three weeks. Then out of session the weeks of February 18 and February 25. That’s followed up by three weeks in Washington in early March. Then out at the end of March and first week of April.

HOUSE GOP MAJORITY TO SHRINK AGAIN IN TIME FOR POTENTIAL GOVERNMENT SHUTDOWN SHOWDOWN

A government shutdown crisis could pulverize the congressional schedule. The same with efforts to advance a plan to address border security and fund Ukraine and Israel. 

House Republicans are focused on other things, too. They’re looking at impeachment for President Biden, impeachment for Homeland Security Secretary Alejandro Mayorkas and a contempt of Congress citation for Hunter Biden. Throw in some serious, bipartisan questions about why Defense Secretary Lloyd Austin and the Pentagon apparently failed to notify anyone that he was hospitalized, and you have a staggering amount of legislative and political traffic on Capitol Hill. 

All of this hinges on the decisions of key players. Whether they negotiate. Whether they stumble. Whether they produce legislative miracles. Success and failure is the quintessence of Congress. So here’s a thumbnail look at some figures to watch in 2024 – and what it could mean for 2025. 

Let’s start with the Speaker. 

Johnson’s immediate future appears to be secure. But if Johnson falters? Or if the GOP loses the majority in the fall? Does Johnson stick around? Divining a potential Johnson successor might be as challenging as it was to forecast the Speaker’s rise to power. House Republican Conference Chairwoman Elise Stefanik, R-N.Y., is the only current member of the GOP brass who emerged unscathed from this fall’s battle for the gavel. 

Rank and file Republicans rejected both House Majority Leader Steve Scalise, R-La., and House Majority Whip Tom Emmer, R-Minn., for Speaker in October. Would Stefanik be in the mix? It’s also possible that President Trump could consider Stefanik as his running mate this year. 

Of course Johnson may be fine. That’s certainly the case if GOP holds the House, Johnson placates rambunctious conservatives and demonstrates substantial fundraising prowess. 

JOHNSON SPARS WITH WHITE HOUSE OVER BORDER FUNDING CLAIMS: ‘DESPERATE'

Johnson is also just liked better than Kevin McCarthy. 

The Freedom Caucus once again commands the spotlight. Pay attention to Rep. Chip Roy, R-Texas, and new Freedom Caucus leader Rep. Bob Good, R-Va. 

House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Oversight Committee Chairman James Comer, R-Ky., also bear watching. What do they do with impeachment? And if they don’t impeach, was this duo just making a lot of noise? 

House Minority Leader Hakeem Jeffries, D-N.Y., could very well be Speaker of the House this time next year if Democrats flip control. But Jeffries is starting to see some fractures in his caucus between progressive, pro-Palestinian Democrats and others who align themselves with Israel. How Jeffries wrestles with those divisions will test his leadership skills. 

Another name to keep an eye on: Rep. Suzan DelBene, D-Wash. She chairs the Democratic Congressional Campaign Committee (DCCC). DelBene will benefit big time if Democrats run good races and seize control of the House. 

Also watch Rep. John Duarte, R-Calif. He’s one of the most vulnerable Republicans facing reelection this fall, squeaking out a win in 2022 in a district carried by President Biden. 

Rep. Don Bacon, R-Neb., is also one of the most bipartisan members of Congress. But President Biden won one of the electoral votes in Bacon’s district in 2020 thanks to Nebraska’s proportional distribution system. 

In the Senate, the odds certainly favor Republicans flipping the Senate. Democrats are defending way too many seats in swing states. Republicans are facing reelection in states which are already ruby red. However, will Senate Minority Leader Mitch McConnell, R-Ky., return as the top Republican – either in the majority or the minority? McConnell faced a leadership challenge in late 2022 from Sen. Rick Scott, R-Fla. The level of antipathy between former President Trump and McConnell is palpable. Could a second term for former President Trump undo McConnell as leader – even though the Kentucky Republican is the longest-serving party leader in history? 

Also, McConnell experienced several health scares in 2023. Some Republicans might push for McConnell to step aside if he suffers from additional health concerns. 

Granted, McConnell could get credit if the GOP wins the Senate. 

This brings us to Sen. Steve Daines, R-Montan. Daines chairs the National Republican Senatorial Committee (NRSC). He’ll win plaudits if Republicans win the Senate – even though it’s an easy map for the GOP. Plus, Daines and McConnell have tried to draft more "electable" Republicans this year. McConnell has spoken at length about how "candidate quality" undercut the GOP’s chances to win the Senate in 2022.

However, don’t underestimate chances for Senate Republicans to botch what could be a layup this autumn. Senate Republicans certainly stole defeat from the jaws of victory in 2022, 2020 and 2010. That’s why there could be hell to pay if Republicans don’t win Senate control. Some Republicans will look directly at McConnell and Daines. 

Sen. Joe Manchin, D-W.V., is retiring. But Manchin is likely to be central to any battles over spending or other major legislation for the duration of his term. There is still a buzz about whether Manchin could run as an independent or third party for President. 

LATINO SENATE HOPEFUL SAYS HISPANIC VOTERS BEING ‘BLINDSIDED’ BY DEM POLICIES, AIM TO FLIP BORDER SEAT RED

There is also attention on Sen. Kyrsten Sinema, I-Ariz. Sinema is a central player in the border security talks. She’s outraged some liberals for working as a centrist and abandoning the Democratic Party. If Sinema runs and wins reelection and Republicans flip the Senate, look for the GOP to court her to become part of their prospective majority. 

2023 was a doozy on Capitol Hill. 2024 could even be doozier. And then there is 2025. Congress punted the debt ceiling until early next year. The Congressional certification of the presidential election also falls on January 6, 2025. 

The debt ceiling and certifying the results of the Electoral College may be the only big issues with which Congress won’t have to wrestle in 2024. 

As I say, I hope you enjoyed your vacation.

Perhaps for the next couple of years.

Why Hunter Biden stood in the Senate ‘swamp’ as he defied the House subpoena

Posted on by Latest Political News on Fox News

Detractors refer to Washington, D.C., as "the swamp."

But this is about another swamp – specifically, the Senate "swamp."

The Senate swamp is a geographic location on Capitol Hill. It’s just across from the Senate steps and where some Senate officials park their cars. Those who work and operate on Capitol Hill have referred to this spot as the Senate swamp for decades.

DOJ'S HANDLING OF HUNTER BIDEN CASE IS ‘INEXPLICABLE,' SAYS TURLEY, AS EX-PROSECUTR FACES QUESTIONING

They started calling the locale the Senate swamp in 1964.

Legendary congressional correspondent Roger Mudd covered the filibuster of the Civil Rights Act for CBS. Mudd often did his TV standups from the Senate steps with a large clock behind him to show how much time had elapsed (eventually two months) during the filibuster.

Southern senators complained about Mudd standing on the Senate steps. The U.S. Capitol Police moved Mudd and his compadres in the press corps across the plaza to a grassy area. Well, one day it rained. And the correspondent was named "Mudd." So, they started referring to the area as the "Senate swamp."

However, that site is anything but a swamp.

The area is paved. A panel of permanent, stainless steel TV jacks for networks to do live shots lines a narrow concrete façade. Reporters can face one direction and talk about Congress with the Capitol behind them. If reporters turn around, they can talk about legal opinions with the Supreme Court serving as a backdrop.

Or, someone like Hunter Biden can use the spot for a press conference, as he did Wednesday morning, publicly defying a House subpoena for a closed-door deposition.

The entrance to the Rayburn House Office Building is more than an eighth of a mile from the Senate swamp. A phalanx of reporters and photographers swarmed the halls of Rayburn, awaiting Hunter Biden’s anticipated arrival for a closed-door deposition. Another horde of journalists roamed the Rayburn "horseshoe," a semi-circular driveway which curves up to a side entrance across from the Longworth House Office Building.

No one was 100% sure whether Hunter Biden would show up.

House Oversight Committee Chairman James Comer, R-Ky., issued a subpoena for Hunter Biden to "testify at a deposition touching matters of inquiry," at 9:30 a.m. ET on Wednesday in the Rayburn Building. The subpoena added that "you are not to depart without leave of said committee or subcommittee."

HOUSE VOTES TO AUTHORIZE IMPEACHMENT INQUIRY

In late November, Abbe Lowell — who is Hunter Biden’s attorney — countered Comer’s demand for a deposition with a demand of his own.

"We have seen you use closed-door sessions to manipulate, even distort the facts and misinform the public," wrote Lowell to Comer. "We therefore propose opening the door."

The ultimatum appeared to catch Comer and Republicans on the Oversight Committee off guard. Comer said he would grant Hunter Biden the chance to testify at an open hearing, but a closed-door deposition must come first. Comer cited how Democrats conducted multiple, private depositions in their impeachment investigation of former President Trump in the fall of 2019, ahead of public hearings a couple of months later.

So, Hunter Biden indeed showed up on Capitol Hill around 9:30 am Wednesday — but not anywhere near the Rayburn House Office Building.

Hunter Biden materialized an eighth of a mile away at the Senate swamp — that same locale where the Capitol Police banished Roger Mudd to report on the Civil Rights Act filibuster.

Hunter Biden’s Senate swamp maneuver was a filibuster unto itself when it came to ignoring James Comer’s subpoena. But his appearance was both political stagecraft and legal scheme bundled into one.

Hunter Biden showed up on Capitol Hill at the assigned time. But he wasn’t going anywhere close to the room where Comer planned a multi-hour deposition. Materializing at the Senate swamp site with the Capitol dome glimmering behind him was an effort by Hunter Biden to demonstrate he was willing to appear — just on his terms.

ANDY BIGGS CALLS FOR CONTEMPT CHARGES AGAINST ERIC SWALWELL FOR AIDING HUNTER BIDEN

After a brief statement, Hunter Biden left the Senate swamp site, climbed into a van and departed.

Reporters and scribes were panting. Out of breath. Bent over. Hands holding their legs just above their knees like a gassed NBA shooting guard in the fourth quarter. They received word that Hunter Biden was coming to Capitol Hill. But most were over in the Rayburn House Office Building — nowhere near the spot where the news of the day unfolded.

So how and why did the Senate swamp become the hot venue for the story of the day?

It starts with Rep. Eric Swalwell, D-Calif.

Lawmakers are permitted to use the Senate swamp site and a similar location called the "House triangle" for press conferences and other events. The same with studios in the House and Senate Radio/TV Galleries inside the Capitol complex. However, the indoor locations generally require rank-and-file members to secure an invitation from a credentialed member of the congressional press corps.

It’s rare, but not unprecedented, for a House member to book an event on the Senate side. The same with a senator on the House side.

So Swalwell reserved the Senate swamp for a vague press event on Wednesday morning at 9:30. Only Swalwell had no intention of speaking to the press. This was Hunter Biden’s forum.

Those are the logistics.

But that doesn’t tell the full story.

There’s a reason why Hunter Biden showed up on the Senate side of Capitol Hill and not the House side.

Let’s say Hunter Biden ventured into the sea of reporters awaiting his prospective arrival at the Rayburn House Office Building, had his say and left. Or imagine if he had even done the same at the House triangle. The president’s son was already out of compliance with Comer’s subpoena by not attending the deposition. But showing up anywhere on the House side of the Capitol could have triggered a host of legal, constitutional and parliamentary issues for him.

JOE BIDEN FRUSTRATED AND ANXIOUS ABOUT HUNTER, SNAPS AT AIDES WHEN ASKED ABOUT INVESTIGATION: REPORT

You see, the House Sergeant at Arms has jurisdiction over the House side of the Capitol. Yes. The House and Senate meet in the same building. But constitutionally, they are distinct institutions. It’s conceivable that Comer could have argued to the Sergeant at Arms or the Capitol Police that his witness flaunted a subpoena if he showed up on House grounds — yet failed to testify.

It’s unlikely that congressional security officials truly would have done anything about it had Comer — or more specifically, House Speaker Mike Johnson, R-La., demanded action for a witness defying a subpoena. The House does hold certain "inherent" enforcement powers when it comes to contempt of Congress. Congress used to arrest and hold people for contempt of Congress in the late 18th and early 19th centuries. The last such action where Congress exercised its "inherent" contempt powers was with a Department of Commerce official in the 1930s.

But Abbe Lowell is no fool.

He knew that his client could earn the media attention he wanted by coming to Capitol Hill at the precise time dictated by the subpoena — yet not setting foot anywhere near the House of Representatives. Hence, the Senate swamp.

And being on the Senate side provided something of a legal shield to inoculate Hunter Biden, which he would not have enjoyed on House turf.

Yes, Hunter Biden defied a subpoena and failed to appear for a deposition. It’s possible the House will vote to hold President Biden’s son in contempt of Congress. Such a referral could go to the Department of Justice for potential prosecution.

But in resisting the subpoena, Hunter Biden showed up at the Senate swamp.

It may be a swamp. But in this case, the terra firma of the Senate offered firmer legal footing to Hunter Biden than the marble floors of the Rayburn House Office Building.