Rep Chris Stewart’s ex-staffer wins Utah special election bid to replace him

A former staffer for Rep. Chris Stewart, R-Utah, has all but won her bid to replace him after he resigns later this year.

Celeste Maloy, who served as Sterwart's chief legal counsel in Congress, won a three-way Republican primary election on Thursday ahead of an upcoming special election. With the Republican nomination, she is now the heavy favorite in the special election against Democratic state Sen. Kathleen Riebe in November.

"It’s exciting that we’re going to have somebody come out of this primary that represents rural and southern Utah. I think it’s time for that, and everybody’s ready for it," Maloy said Thursday.

Stewart has served in the House of Representatives for roughly 10 years, but he is resigning in September due to his wife's illness.

ST. GEORGE, UTAH, FACING LAWSUIT AFTER DENYING PERMIT FOR DRAG SHOW AT PUBLIC PARK: ‘VIOLATIONS OF FREE SPEECH’

Maloy credited her win to her campaign's focus on rural areas in Utah.

"I did debates in the rural counties. I showed up and held events in the rural counties," Maloy said. "We decided early on that our strategy was going to be to win the rural counties, and then get as much as we could in the more urban counties."

THE HITCHHIKER’S GUIDE TO MCCONNELL’S HEALTH AND A POTENTIAL GOVERNMENT SHUTDOWN

Maloy's election effort enjoyed a boost from Stewart's own endorsement as well as an endorsement from former Utah U.S. Rep. Rob Bishop.

Stewart is one of three members of the U.S. House of Representatives to voluntarily leave office early this year. Reps. David Cicilline, D-RI, and Donald McEachin, D-Va., also resigned within the past 12 months.

THE IMPEACHMENT BISTRO: REPUBLICANS CONTINUE TO KEEP IMPEACHMENT ON THE MENU

In all, 15 other senators and representatives have announced that they are not running for re-election in 2024, opening up races across the country.

CLICK HERE TO GET THE FOX NEWS APP

Maloy will face off against Riebe on Nov. 21.

The Associated Press contributed to this report.

Crystal clear: Forecast for possible government shutdown is murky

I have a parliamentary crystal ball for how September may go on Capitol Hill.

That doesn’t mean I have many answers.

Like most crystal balls, they are limited in their accuracy. They won’t give you the full story. But they will absolutely nail some aspects.

No. The crystal ball cannot definitively predict whether the government will shut down Oct. 1, the start of the federal fiscal year. In fact, information from the crystal ball surrounding that very question is especially cloudy.

THE HITCHHIKER’S GUIDE TO MCCONNELL’S HEALTH AND A POTENTIAL GOVERNMENT SHUTDOWN

Impeachment of President Biden? Or Homeland Security Secretary Alejandro Mayorkas? Or Attorney General Merrick Garland?

Just as hazy.

But the crystal ball does forecast the following:

The Senate will advance a few individual appropriations bills in the coming weeks. And House Speaker Kevin McCarthy, R-Calif., will try to advance a fig leaf, interim spending package that appeases the right. The House Freedom Caucus and other conservative members will demand various provisions that either trim spending, address the border or wrestle with potential impeachment. 

McCarthy’s bill won’t actually be what Congress settles on to fund the government. In fact, one can’t even technically call it a "Continuing Resolution" or "CR" if it cuts funding or addresses ancillary issues important to Republicans. By its nature, a CR sustains funding at present levels so the government doesn’t shutter. But McCarthy will have made his point.

However, what’s murky in the crystal ball is whether McCarthy and House Republicans can later digest a CR from the Senate that doesn’t address any of their priorities just to keep the government funded.

However, the crystal ball is crystal clear about one thing: If the House doesn’t eventually swallow a bipartisan CR from the Senate, there will be a government shutdown.

That’s as definitive as anything we’ve drawn from the crystal ball.

So, here are some of the machinations surrounding a potential government shutdown and possible funding measures over the next four weeks.

The Senate is back from its summer recess a full week ahead of the House. Senate Majority Leader Chuck Schumer, D-N.Y., notes that the Senate cleared 12 appropriations bills in committee before the recess. So, he’ll deposit three of those on the floor soon.

"All 12 appropriations … have been reported out of the committee with bipartisan support. Some of them, many of them, were with unanimous, bipartisan support," said Schumer. "Now, that doesn’t mean everyone agreed on everything. It sometimes means something more important. It means that disagreements haven’t paralyzed the process."

THE IMPEACHMENT BISTRO: REPUBLICANS CONTINUE TO KEEP IMPEACHMENT ON THE MENU

Schumer scored backup from Senate Minority Leader Mitch McConnell, R-Ky.

"Congress needs to address our nation’s most pressing needs with timely appropriations. And we need to keep the lights on come Oct. 1," McConnell said.

Before the recess, the full House OK'd only one of its 12 spending measures. So, this is a chance for the Senate to get ahead of the House and inoculate it from criticism it hasn’t passed any appropriations bills.

But Schumer understands the stark reality. No matter what, the solution to averting a government shutdown is for the House and Senate to pass some sort of interim spending bill that keeps the federal lights on for a few weeks, if not a couple months. And the only tangible recipe to make that work? A Band-Aid bill can only pass with a coalition of Democrats and Republicans.

McCarthy doesn’t need a crystal ball to understand that a bipartisan, temporary bill is the route too. He’s indicated to House Republicans a stopgap bill is necessary right away, asserting that the GOP will fight for deep spending cuts with the "real" bills later.

But McCarthy hasn’t addressed something else that is clear in the crystal ball. It remains unsaid because it’s politically radioactive: A clean CR likely requires a substantial chunk of Democratic votes in the House. In fact, it may score far more Democratic votes than GOP votes.

"We all agreed a CR is the best way to go," Schumer said of a meeting he had with McCarthy about government funding. "He’s going to have a rough time implementing it."

That’s why a clean CR with substantial Democratic support is politically the most malignant bill to McCarthy.

House conservatives will bray if McCarthy defaults to that position – even if he goes through the proper motions to appeal to the right on impeachment, spending cuts or border policy. However, McCarthy likely needs to embrace some of these appeals by the right if he wants to stay in good graces with the House Freedom Caucus.

But the second McCarthy dials back from those positions …

If he dials back from those positions …

That’s why the crystal ball can’t predict if there might be a government shutdown.

This boils down to the math.

The current breakdown in the House features 222 Republicans to 212 Democrats with one vacancy. In other words, Republicans can only lose four votes from their side and still pass a bill without Democratic assistance. More Democrats voted for the debt ceiling pact with President Biden in the spring than Republicans. And conservatives haven’t let McCarthy forget it.

But it gets worse for the GOP.

House Majority Leader Steve Scalise, R-La., could miss some time for his cancer treatments. And Rep. Chris Stewart, R-Utah., resigns effective Sept. 15. So, that could mean Republicans are effectively operating with only 220 members. That drops the GOP margin to three votes.

The biggest roadblock for putting any piece of legislation on the House floor is what’s known as the "rule." The House Rules Committee is the gateway for most bills to get to the floor. The Rules Committee and the entire House must first adopt a "rule" before considering legislation. The rule determines the parameters for debate on a given bill. But if the Rules Committee or entire House fails to approve a rule, the bill can’t come up for debate.

This could be nettlesome for McCarthy with Ralph Norman, R-S.C., Chip Roy, R-Texas, and Thomas Massie, R-Ky., serving on the Rules Committee.

That said, there is a way to skate around the Rules Committee on a CR that simply renews all old funding on a temporary basis.

The House can bypass the Rules Committee by putting a "privileged" Continuing Resolution on the floor after Sept. 15. "Privileged" means the resolution is written in a manner that whisks it to the front of the legislative line. 

Granted, such a "privileged" CR is subject to multiple points of order on the floor. That could be messy enough. But such an option to skip a step does exist in the House quiver.

Will that scenario unfold?

The crystal ball has not even considered the "privileged" CR option because it is obscure.

So, what’s going to happen? I have no idea. And frankly, neither does the crystal ball.

This poses a salient question: If the crystal ball can’t foretell what’s going to happen in Congress, what good is it?

CLICK HERE TO GET THE FOX NEWS APP

I asked the crystal ball about its future in congressional soothsaying.

The response? Foggy at best.

Wisconsin Democrats launch $4M ad blitz targeting GOP lawmakers considering impeachment of new liberal justice

Wisconsin Democrats are launching a $4 million ad blitz over the next several weeks to target GOP lawmakers that are considering whether to pursue the impeachment of a new liberal justice. 

Justice Janet Protasiewicz's ascension to the Wisconsin Supreme Court created a new 4-3 liberal majority, jeopardizing Republican-drawn state legislative maps and risking the repeal of a 173-year-old state law that bans abortion. The statute became active again after the U.S. Supreme Court overturned Roe v. Wade last year.

The Wisconsin Democratic Party on Wednesday launched a $4 million effort to pressure Republicans to back down from impeaching Protasiewicz. 

After investing nearly $10 million in electing the liberal justice, the effort is meant to protect what Democrats hailed as a major political victory. The new $4 million effort, which leaders said will grow to include other groups, will include digital and television ads, in-person voter outreach and a website that tracks where every Republican lawmaker stands on impeachment.

WISCONSIN OFFICIALS BLOCKED FROM USING FEDERAL VOTER REGISTRATION FORM

"Politicians should not be overturning elections because they don’t like the results or the outcome," said Democrat Senate Minority Leader Melissa Agard at a press conference outside the state capitol. "And we cannot let Robin Vos and Wisconsin’s Republicans get away with this unconstitutional, unprecedented power grab in our state."

"Republicans are holding a political nuclear football," Wisconsin Democratic Party Chair Ben Wikler said, deeming the threat of impeachment had amounted to "political extortion."

Republican Assembly Speaker Robin Vos, who has been the most outspoken about possible impeachment, said the effort only proves that the party's and Protasiewicz's interests "are one and the same."

During the campaign, Protasiewicz spoke in favor of abortion and called GOP-drawn maps "unfair" and "rigged." Justices for the Wisconsin Supreme Court are officially nonpartisan, but the candidates have long aligned along partisan lines. Republicans have raised impeachment as a possibility if Protasiewicz does not recuse herself from consideration of two redistricting lawsuits filed in her first week in office last month. The GOP-controlled legislature asked for her to step aside from the cases.

Protasiewicz on Tuesday gave attorneys until Sept. 18 to react to the fact that the Wisconsin Judicial Commission, which investigates complaints against judges, dismissed complaints against her that alleged her campaign comments on redistricting violated the state judicial code.

SUPREME COURT JUSTICES RULE STATE LAWMAKERS DO NOT HAVE EXCLUSIVE CONTROL OVER ELECTIONS IN KEY DECISION

A lawsuit in a county court seeking to overturn Wisconsin’s 1849 abortion ban was filed before Protasiewicz won the election. That case is expected to eventually reach the Wisconsin Supreme Court. The legislative electoral maps drawn by the Republican-controlled legislature in 2011 cemented the party’s majorities, which now stand at 65-34 in the Assembly and a 22-11 supermajority in the Senate. It would take only 50 votes to impeach. It takes 22 votes to convict in the Senate, the exact number of seats Republicans hold.

If the state Senate moves forward to convict Protasiewicz on impeachment charges and remove her from her position before Dec. 1, Wisconsin Gov. Tony Evers, a Democrat, would be required to announce a replacement. That person would face voters next April when the GOP presidential primary would also be on the ballot, the New York Times reported. 

Though there is not much precedent for an impeachment, the state constitution limits reasons to impeach a sitting officeholder to corrupt conduct in office or the commission of a crime.

The escalating fight over her seat has implications for the 2024 presidential election in the battleground state.

In 2020, the conservative-controlled Supreme Court came within one vote of overturning President Biden's win in the state. More fights over election rules that will be in place for the 2024 election are pending and any disputes over the winner could be decided once again by the state Supreme Court.

The Associated Press contributed to this report.

GOP reps Tenney, Roy lead push to reduce Mayorkas’ salary to $1 over border crisis

FIRST ON FOX: Republican lawmakers in the House are proposing an amendment that would reduce Homeland Security Secretary Alejandro Mayorkas’ salary to just $1, as Republicans continue to increase pressure on the DHS chief for the ongoing migrant crisis at the southern border.

Reps. Claudia Tenney, R-NY, and Chip Roy, R-Texas, are leading the push to include an amendment to the Homeland Security appropriations bill that would reduce Mayorkas’ salary to $1.

The amendment would use the so-called Holman rule, which allows lawmakers to cut the salaries of federal officials. Republicans have zeroed in on Mayorkas over the ongoing crisis at the southern border, where numbers have again increased in recent months. Conservatives say the crisis has been created and fueled by the policies of the administration.

WHITE HOUSE BLASTS GOP FOR LOOMING SHUTDOWN, SAYS IT COULD HURT FENTANYL FIGHT

"None of the funds made available by this Act may be used to pay Secretary Alejandro Nicholas Mayorkas a salary that exceeds $1," the amendment states.

"Secretary Mayorkas should not be paid hundreds of thousands of tax dollars to continually fail to protect American taxpayers from threats crossing our borders," Tenney said in a statement to Fox News Digital. "Thanks to Secretary Mayorkas’ work, or lack thereof, there have been at least 5.8 million illegal crossings of our southern border since Biden took office, turning all our communities into border communities." 

‘If the President is refusing to fire him for his dereliction of duty, his salary must reflect his failures," she said.

"It’s time to end this border crisis once and for all. The American people have no obligation to keep paying a federal official who refuses to do his job and uphold his oath, and that's why we should zero out Mayorkas' salary," Roy said in a statement. "I’m glad to work with Rep. Tenney in this fight to regain operational control of the border."

Co-sponsors on the amendment include Reps. Derrick Van Orden, R-Wis., Jeff Duncan, R-S.C., Russell Fry, R-S.C., Scott DesJarlais, R-Tenn., Bill Posey, R-Fla., Carol Miller, R-W.Va., Ryan Zinke, R-Mont., and Harriet Hageman, R-Wyo.

The move marks the latest effort by Republicans in relation to the administration's handling of the migrant crisis, which has seen record high numbers at the border, and has become an increasingly difficult political issue for the administration as migrants have also been overwhelming "sanctuary" cities like New York City and Chicago.

Republicans have blamed the administration’s policies, including its reversal of Trump-era policies including border wall construction and the Remain-in-Mexico policy. They have also blasted the expansion of releases of migrants via humanitarian parole and what they have called "catch-and-release."

14 TEXAS REPUBLICANS JOIN ROY IN CALL FOR DHS FUNDING FREEZE: ‘NO BORDER SECURITY, NO FUNDING’

Some Republicans have called for Mayorkas’ impeachment, and the House Homeland Security Committee issued a report accusing him of an "intentional" dereliction of duty and of implementing a "radical open-borders agenda."

DHS CALLS FOR IMPROVEMENTS TO NYC'S MIGRANT CRISIS OPERATIONS AS ADAMS PUSHES BACK 

Roy has been one of the fiercest critics of Mayorkas, and last month called for lawmakers to stop funding DHS altogether until steps are taken to secure the border. Meanwhile, conservatives in the chamber are calling for a sweeping border and asylum reform bill to be included in any continuing resolution that would keep the government open past Sept. 30.

The Biden administration has defended Mayorkas and has pushed back against GOP criticism, saying the agency needs more funding from Congress and for it to pass a comprehensive immigration bill that it introduced on day one to fix what it says is a "broken" system that has not been updated in decades. That legislation has been rejected by Republicans in part due to the inclusion of a pathway to citizenship for millions of illegal immigrants. The White House recently requested an additional $4 billion for border and immigration as part of its supplemental funding request.

A DHS spokesperson emphasized those calls for more congressional action on Wednesday in a statement to Fox News Digital. 

"While the House Majority has wasted months trying to score points with baseless attacks, Secretary Mayorkas has been doing his job and working to keep Americans safe," the spokesperson said. "Instead of continuing their reckless charades and attacks on law enforcement, Congress should work with us to keep our country safe, build on the progress DHS is making, and deliver desperately needed reforms for our broken immigration system that only legislation can fix." 

McCarthy ‘dangling’ Biden impeachment inquiry to delay reckoning over spending, some conservatives say

Some House conservatives are warily eyeing Speaker Kevin McCarthy as he ramps up rhetoric about a potential impeachment inquiry of President Biden, concerned he is "dangling" the suggestion over their heads to gain more wiggle room in the ongoing talks over government spending. 

"It's almost as if the Speaker is trying to dangle the prospect of proceeding with an impeachment inquiry to attempt to leverage people to vote for a clean [continuing resolution] or other spending proposals that do not comply with the agreement made when we agreed to support him for Speaker in January," Rep. Dan Bishop, R-N.C., told Fox News Digital on Tuesday. 

"An impeachment inquiry is called for against Biden because of the evidence of corrupt dealing on behalf of his son," Bishop said, adding that he believes impeachment probes should also be opened against Attorney General Merrick Garland and Homeland Security Secretary Alejandro Mayorkas.

"It should never be connected with the idea of trying to coerce members to vote for a spending provision that is otherwise unwarranted."

MCCARTHY SAYS BIDEN IMPEACHMENT INQUIRY WOULD NEED HOUSE VOTE, IN DEPARTURE FROM PELOSI AND DEMOCRATS

The House does not return from August recess until next week, but battle lines are already being drawn over how to fund the government in the next fiscal year. The House Freedom Caucus and other conservatives have urged McCarthy to force deeper spending cuts and to attach GOP priorities to any short or long-term deal, though that’s unlikely to get Senate or White House approval.

Lawmakers on both sides of the aisle have acknowledged that a continuing resolution, known as a CR, is likely needed as a temporary funding patch while a deal is hashed out. Federal funding runs out on Sept. 30, and taking no action before the deadline would risk a partial government shutdown. Conservatives have warned they will not vote for a "clean" CR that simply extends priorities of the previous Democrat-controlled Congress.

HOUSE REPUBLICAN LEADERS WANT TO LAUNCH BIDEN IMPEACHMENT INQUIRY NEXT MONTH, SOURCES SAY

Meanwhile, two sources told Fox News Digital in August that McCarthy has also floated the possibility of holding a floor vote sometime in September to open a Biden impeachment inquiry. 

"He's using impeachment to distract from the issues that he has with the appropriations bills," one GOP lawmaker said at the time. 

McCarthy has not given any public indication of when he’d hold an impeachment inquiry vote, but he told "Mornings With Maria" last month that impeachment was a "natural step forward" in the investigative process. He told Breitbart recently that a vote is a necessary step before proceeding with the inquiry.

The conservative lawmakers who spoke with Fox News Digital were largely supportive of a Biden impeachment inquiry, but many were still hesitant to trust McCarthy after claiming the GOP got "rolled" in the debt limit deal. 

"The American people will not be fooled into believing that talking about impeachment inquiry in some way diminishes our responsibility to cut spending," Rep. Bob Good, R-Va., told Fox News Digital. Good supports impeaching Biden over the border crisis, he said. "Do I think there is the possibility, if not the probability, that it's intended to be a distraction? I would agree with it, or there is that possibility. However, it’s not fooling anyone."

SPEAKER MCCARTHY SAYS BIDEN TURNED US POLITICS INTO A 'CULTURE OF CORRUPTION' AS IMPEACHMENT INQUIRY INCHES

Rep. Chip Roy, R-Texas, policy chief of the House Freedom Caucus, fired off a warning shot at House GOP leaders over the weekend: "To the [House GOP] – hiding behind impeachment to screw America with status quo massive funding…will not end well."

Fox News Digital reached out to McCarthy's office but did not immediately hear back.

But not all conservatives are on the same page. Rep. Marjorie Taylor Greene, R-Ga., a McCarthy ally, indicated she could support a spending deal that is tied to a Biden impeachment inquiry vote.

Meanwhile, Rep. Ben Cline, R-Va., a member of both the Judiciary and Appropriations committees, told Fox News Digital that House Republicans can "walk and chew gum at the same time."

"I think both tracks, the spending track and the investigatory track, are on separate courses that are heating up at precisely the same time. But that is really more just happenstance of the calendar rather than anything else," Cline said of the timing.

"I'm confident that we always knew that it will be a challenge to finish our appropriations process by Oct. 1. Had we started from more conservative positions than the debt limit agreement gave us, I think we would have passed most, if not all, of the appropriations bills by now," he said. "But the investigatory track is dependent on the administration's cooperation, or lack thereof, and that's why we are just beginning to find out truly the extent to which [Biden] engaged pay-to-play operation with agents and companies affiliated with foreign adversaries."

Ethics complaints over WI Justice Protasiewicz’s campaign statements rejected

A state judiciary disciplinary panel has rejected several complaints lodged against Wisconsin Supreme Court Justice Janet Protasiewicz that alleged she violated the judicial code of ethics for comments she made during the campaign. It's a setback to Republicans who argued those remarks could warrant impeachment.

Protasiewicz on Tuesday released a letter from the Wisconsin Judicial Commission informing her that "several complaints" regarding comments she had made during the campaign had been dismissed without action.

The commission's actions are private unless released by one of the parties involved. Protasiewicz received permission from the commission to release its May 31 letter to her, which she then provided to The Associated Press.

WISCONSIN SUPREME COURT FLIPS FROM CONSERVATIVE TO LIBERAL CONTROL FOR FIRST TIME IN 15 YEARS

Protasiewicz’s win in April flipped majority control of Wisconsin’s Supreme Court from conservative to liberal for the first time in 15 years. Democrats heavily backed her campaign, during which Protasiewicz criticized Republican-drawn electoral maps and spoke in favor of abortion rights.

In recent weeks, Republican lawmakers have been floating the possibility of impeaching Protasiewicz over her comments calling the legislative maps they drew "unfair" and "rigged."

Protasiewicz never promised to rule one way or another on redistricting or abortion cases.

She took office in August, and in her first week, two lawsuits seeking to overturn the Republican-drawn legislative electoral maps were filed by Democratic-friendly groups. The Supreme Court has yet to decide whether to hear the cases, and Protasiewicz has not responded to a motion from the Republican-controlled Legislature that she recuse herself from the cases.

Protasiewicz sent the commission’s order Tuesday to attorneys in the redistricting cases, ordering them to respond by Sept. 18 on how it affects the request that she recuse herself from the lawsuits.

A lawsuit in a county court seeking to overturn Wisconsin's 1849 abortion ban was filed before Protasiewicz won election. That case is expected to eventually reach the Wisconsin Supreme Court.

The Wisconsin Republican Party in February released one complaint filed against Protasiewicz by Randall Cook, a Republican supporter. His complaint alleged that Protasiewicz had declared how she would rule on cases related to abortion and redistricting, in violation of provisions of the state judicial code.

"Wisconsin has never seen a Supreme Court Justice so brazenly declare how she would rule on a case before it ever came to the Court, and we had hoped the principles of equal justice would be seriously considered by the Judicial Commission, despite their liberal bias," Wisconsin Republican Party Chairperson Brian Schimming said in a statement. "It was clearly asking too much."

In the letter to Protasiewicz, Judicial Commission Executive Director Jeremiah Van Hecke referred to "several complaints" it had received and dismissed without action. The letter said the complaints pertained to comments she had made at a Jan. 9 candidate forum and several interviews in December and January.

The complaints also alleged that she had made false comments about her opponent, Republican-backed Dan Kelly, in two campaign ads and in social media posts, according to the commission's letter.

The commission did not give a reason for why it dismissed the complaints, but Van Hecke said that it had reviewed her comments, the judicial code of ethics, state Supreme Court rules, and relevant decisions by the state and U.S. supreme courts.

In one of the cases cited, a federal court in Wisconsin ruled there is a distinction between a candidate stating personal views during a campaign and making a pledge, promise or commitment to ruling in a certain way.

Protasiewicz declined to comment on the commission’s action.

The nine-member Judicial Commission is one of the few avenues through which people can challenge the actions of Supreme Court justices. It is tasked with investigating judges and court commissioners who are accused of violating the state’s judicial code of conduct. Its members include two lawyers and two judges appointed by the Supreme Court and five non-lawyers appointed by the governor to three-year terms.

Republican members of the state Senate judiciary committee on Tuesday and last month grilled judicial ethics commissioners up for reappointment about when justices and judges should recuse themselves from cases, especially if they call a case "rigged," a clear allusion to Protasiewicz’s campaign remarks.

Republicans, including Assembly Speaker Robin Vos, allege Protasiewicz has prejudged redistricting cases pending before the Supreme Court because of comments she made during her campaign. They also say she can't fairly hear the cases because she took nearly $10 million in campaign donations from the Wisconsin Democratic Party, which did not file the lawsuits but has long pushed for new maps.

WISCONSIN SUPREME COURT ELECTION TURNOUT BREAKS RECORD AS DEM-BACKED CANDIDATE WINS

Vos said Protasiewicz must recuse herself from any Wisconsin redistricting case and the commission's letter only "muddies the waters."

"The Judicial Commission decided Justice Protasiewicz could not be sanctioned for what she said on the campaign trail," Vos said in a statement. "The Commission did not address whether she can sit on a case after accepting $10 million in campaign funds from the Democrat Party — the interested party in the redistricting case. Nor did they address whether she may sit on a case having made commitments for how she would rule that are inconsistent with the obligation to be impartial."

The legislative electoral maps drawn by the Republican-controlled Legislature in 2011 cemented the party’s majorities, which now stand at 65-34 in the Assembly and a 22-11 supermajority in the Senate. It would take only 50 votes to impeach. It takes 22 votes to convict in the Senate, the exact number of seats Republicans hold.

If the Assembly impeaches her, Protasiewicz would be barred from any duties as a justice until the Senate acted. That could effectively stop her from voting on redistricting without removing her from office and creating a vacancy that Democratic Gov. Tony Evers would fill.

Fox News Politics: Biden officials subpoenaed over Hunter probe

PROBING THE PROBE: House Republicans have subpoenaed Biden officials over the investigation into Hunter Biden… Read more: Comer subpoenas Mayorkas, Secret Service over tip-off of 2020 Hunter Biden tax probe interview

BRUISING SCHEDULE: President Biden said he's had no chance to visit the site of a train derailment that happened in February… Read more: Biden says he hasn’t ‘been able to break’ for East Palestine visit, despite Lake Tahoe getaway and DE trips

COLLEGE BALL RETURNS: Former football coach and Sen. Tommy Tuberville shares his thoughts on ad contracts for student athletes… Read more: Former football coach Sen. Tommy Tuberville rips growing influence of money in college sports, wants changes

KABUL CHAOS: New book reveals Biden's first words after learning of major turn in the disastrous withdrawal from Afghanistan… Read more: Book claims Biden ‘exploded’ as Afghanistan collapsed during his vacation: ‘Give me a break’

SHUTDOWN SHOWDOWN: Battle lines over funding the government are beginning to take shape less than a month before the appropriations expire Sept. 30… Read more: MTG says White House 'attacking' her for holding out government funding vote until impeachment inquiry begins

BOTH SIDES: Progressive politicians raise the volume in criticizing Biden's border policies… Read more: Biden administration faces increasing pressure from the left on border, immigration policies

BORDER WATCH: One metric shows a weakness in the Biden administrations narrative on immigration… Read more: Latest increase in illegal migrant crossings undercuts Biden admin claims of progress on border crisis

HUNTER HELPER? A political reporter bristled at questions regarding the president's son… Read more: Liberal Washington Post columnist snaps at Hunter Biden questions in testy podcast appearance, leaves

'NEVER LOST A MAN': Biden awards highest military honor to heroic Vietnam veteran… Read more: Biden to award Medal of Honor to Vietnam pilot for heroic rescue: 'Never been accomplished or even attempted'

ON TRIAL: More pro-life activists face court hearings this week for D.C. demonstrations… Read more: Pro-life protesters could face up to 10 years in prison: ‘Political witch hunt’

BACK IN TOWN: Senate prepares new fight on student loan handouts after returning from August recess… Read more: Senate Republicans position for second smackdown of Biden's student loan plan

FREEZE FRAMED: Senate Minority Leader Mitch McConnell's recent on-camera freezing episode was not a stroke, physician says… Read more: 'No evidence' McConnell had a seizure or stroke, Capitol attending physician says

CAPITOL HILL 101: A fresh course for GOP Hill staffers praised for giving conservatives tools to win in Washington… Read more: Conservatives tout new training program for Capitol Hill staff as 'game changer' for beating 'the swamp'

LOOPHOLE? Democrat Sen. Raphael Warnock accused of misreporting income he received from the church he pastors… Read more: Dem Sen Raphael Warnock faces ethics complaint alleging he potentially filed false financial disclosure

DEFUND CCP: Oklahoma Sen. James Lankford proposes bill to ensure no funding goes to Chinese schools linked to the communist party… Read more: Lankford aims to bar K-12 school funding going to Chinese Communist Party-affiliated universities

CEASEFIRE: GOP presidential rivals who sparred in the first debate appear at the same Labor Day picnic… Read more: Ramaswamy, Pence cross paths but don't trade fire at GOP Labor Day picnic in key presidential primary state

UNLIKELY GAMBIT: Several legal experts say attempts to use the 14th Amendment to kick Trump from the ballot won't work… Read more: Attempt to bar Trump from 2024 ballot gains steam despite 'dubious' and 'dangerous' legal arguments: experts

POLL CHECK: Commentators baffled at how close Trump and Biden are in 2024 head-to-head matchups… Read more: Mainstream pundits stunned that Trump, Biden remain so close in polls: ‘Kind of shocking’

STILL ON TOP: Trump's domination of the GOP primary field remains solid with just months before the first 2024 votes are cast… Read more: It's Trump's race to lose four and a half months before the first votes for the GOP presidential nomination

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

Texas AG Ken Paxton pleads not guilty to impeachment charges after Senate advances case to trial

The Texas Senate voted Tuesday to deny all of Republican Attorney General Ken Paxton’s motions to dismiss the impeachment charges against him, clearing the way for a historic trial.

Paxton had each article of impeachment read to him aloud in the chamber afterward Tuesday. Paxton's lawyer, Tony Buzbee, responded "not guilty" to each count.

House lawyer Rusty Hardin objected to Buzbee's interjections, but Lt. Gov. Dan Patrick, who is acting as "judge" of the impeachment trial, sustained.

"Absolutely not guilty," Buzbee said on the next count.

IMPEACHMENT TRIAL OF TEXAS REPUBLICAN ATTORNEY GENERAL KEN PAXTON SET TO BEGIN

Paxton, a close ally to former President Donald Trump who led several lawsuits in December 2020 to challenge election results in Georgia, Pennsylvania, Michigan and Wisconsin, won reelection in 2022 but was ultimately suspended from office in May when the GOP-controlled House voted, 121-23, to impeach him on 20 articles that range from bribery to abuse of public trust.

Most of the articles deal with Paxton using his office to benefit Austin real estate developer and wealthy donor Nate Paul, prompting eight of the attorney general's top deputies to report him to the FBI in 2020. Three other charges date back to Paxton’s pending 2015 felony securities fraud case, including lying to state investigators.

Paxton faces trial by a jury of 31 state senators stacked mostly with his ideological allies.

The closest vote Tuesday was along a 20-10 margin.

Patrick ruled that Paxton cannot be compelled to testify. The seven Republican senators who voted against all of Paxton’s pretrial motions to dismiss were Pete Flores, Kelly Hancock, Joan Huffman, Phil King, Mayes Middleton, Robert Nichols and Drew Springer. 

Meanwhile, five Republicans – state Sens. Brian Birdwell, Bryan Hughes, Charles Schwertner, Kevin Sparks and Charles Perry – voted for some, but not all, of Paxton’s pretrial motions.

A supermajority of 21 is needed to convict, meaning the Senate requires at least nine Republican voters to convict, assuming all 12 Democrats vote to do so.

TEXAS ATTORNEY GENERAL KEN PAXTON HIRES PROMINENT LAWYER FOR IMPEACHMENT TRIAL

Patrick on Tuesday also went over scheduling for the historic impeachment trial. He said it would run from 9 a.m. until at least 6 p.m. Monday through Friday. It will not continue on Saturday this week, but it could run to Saturday next week. There will be 20-minute breaks every 90 minutes.

The lieutenant governor also emphasized rules that Paxton’s wife, Texas Sen. Angela Paxton, would not get a vote for her husband’s trial.

CLICK HERE TO GET THE FOX NEWS APP

The Senate was not immediately taking up the three charges related to the 2015 felony securities fraud case or a fourth related to Paxton's ethics filings in the impeachment trial, according to the Associated Press. Paxton had said he expected to be acquitted and that the charges are based on "hearsay and gossip, parroting long-disproven claims."

The Associated Press contributed to this report.

The Hitchhiker’s Guide to McConnell’s health and a potential government shutdown

The Senate meets at 3 pm et today for the first time since late July. 

The biggest buzz around the Senate centers on the health of Senate Minority Leader Mitch McConnell (R-Ky.). 

THE IMPEACHMENT BISTRO: REPUBLICANS CONTINUE TO KEEP IMPEACHMENT ON THE MENU

Some senators want McConnell to be more transparent about his health issues as there are whispers in the Senate corridors about his fitness to serve. 

McConnell froze up last week during a speaking engagement in northern Kentucky. He had a similar episode in late July. And there was also an issue in the spring. The latter appeared to be a problem with the Leader’s hearing aids. 

Questions about McConnell have swirled since he misses several weeks after a fall where he suffered a concussion. 

Republicans also find themselves in a bind: defending McConnell but wanting to raise questions about the health and age of President Biden

HOW CONGRESS MIGHT END UP FUNDING FLORIDA, HAWAII DISASTER RELIEF AND UKRAINE AID AT THE SAME TIME

It is unclear if McConnell will present customary opening remarks in the 3 pm et hour or offer any insight into his health. 

Many Republicans are rallying around McConnell. However, it would only take five GOP members to demand a special meeting to consider McConnell’s leadership and potentially hold a secret ballot. 

However, that scenario does not appear to be in the cards yet. And McConnell would likely prevail in any vote of no confidence. 

Other issues before the Senate: government funding. 

CONGRESS HAS NEVER BEEN IN SESSION WHILE FORMER PRESIDENT TRUMP HAS BEEN INDICTED

The government runs out of money on October 1. The House and Senate are nowhere near agreement on spending measure. 

Senate Majority Leader Chuck Schumer (D-N.Y.) plans to move a series of spending measures over the next three weeks. But a temporary bill renewing all old funding appears to be the only way out of this cul-de-sac. 

The House doesn’t return until next Tuesday. House Speaker Kevin McCarthy (R-CA) is floating a one-month interim spending package. But conservatives are balking at that since it simply renews the old funding and does not cut. McCarthy could pass a bill to avert a shutdown. But he may need to do it with mostly-Democratic votes. 

Back in the Senate, there is no movement in the impasse over the promotion of the nation’s top military leaders. Sen. Tommy Tuberville (R-AL) refuses to budge from allowing the Senate to fast-track the mostly non-controverial promotions. Tuberville is protesting the Pentagon’s abortion policy. It would take nearly a month of the Senate working around the clock and considering nothing else to clear all the military promotions. 

White House blasts GOP for looming shutdown, says it could hurt fentanyl fight: ‘Lives are at stake’

The White House is claiming that "lives are at stake" as it pushes Republicans to continue funding the government, warning that a potential government shutdown could affect efforts to combat the flow of fentanyl into the U.S.

"Now, House Republicans have a stark choice to make: will they honor their word, meet their responsibility to avoid a shutdown, and act on life and death priorities like fighting the fentanyl crisis?" White House deputy press secretary and senior communications advisor Andrew Bates said in a memo.

The memo comes as Congress and the Biden administration face a looming government shutdown if the government is not funded beyond Sept. 30. President Biden and congressional leaders are eyeing a possible continuing resolution to keep the government open in the short term while larger spending budgets can be debated. However, the new push from the White House is part of an effort to highlight the damage that could be caused if certain funding dries up.

WHITE HOUSE ANNOUNCES ADDITIONAL $450 MILLION IN FUNDING TO FIGHT OPIOID EPIDEMIC 

The White House announced a new tranche of $450 million in funding last week focused on treatment and prevention efforts within the U.S. to stop the opioid crisis — which is linked to 100,000 deaths in 2022. It has also requested approximately $800 million as part of the $40 billion supplemental budget request.

"President Biden is urging Congress to provide $800 million to fight fentanyl trafficking and counter the deadly substance being illegally imported from China," Bates said.

Illicit fentanyl is 50 to 100 times more potent than morphine, can be fatal in tiny doses and is primarily created in Mexico using Chinese precursors before being moved across the U.S. land border. The drug is frequently pressed into fake pills, so users do not know what they are ingesting.

DHS TO LAUNCH ‘NATIONAL CAMPAIGN’ TO GET SOME MIGRANTS WORK PERMITS

Republicans have linked the fentanyl crisis to what they see as a porous southern border and a migrant crisis they blame on the policies of the Biden administration. The administration has said it is taking an approach that both targets trafficking and treats addiction, an approach it says is showing results

FREEDOM CAUCUS POURS GASOLINE ON CONGRESS' HEATED SPENDING FIGHT AS GOVERNMENT SHUTDOWN FEARS GROW

Some conservative Republicans in the House have opposed any "clean" continuing resolution to keep the government open past Sept. 30, seeing it as an extension of Democratic funding priorities passed under the last Congress. Instead, they want certain demands met, including a House-passed border security bill that Republicans say would also target the fentanyl crisis by securing the southern border. 

Meanwhile, Rep. Marjorie Taylor Greene, R-Ga., has said she would not vote for any government funding if the House GOP leadership does not open an impeachment inquiry into President Biden. Greene has been attacked by name by the White House, including in the memo Tuesday.

"The White House is attacking me for demanding an impeachment inquiry before I’ll vote to fund one penny to our over bloated $32 TRILLION dollar in debt failing government," Greene wrote in a thread on X, the platform formerly known as Twitter.

Bates’ memo highlighted past comments from Republicans in the caucus, who have called the fentanyl scourge an urgent and pressing crisis affecting the whole nation. It also pointed to polling showing that combating the spread of fentanyl was a top priority for many American voters. 

"The DEA, Border Patrol, and Department of Homeland Security need the anti-fentanyl funding President Biden is seeking," Bates said. "Lives are at stake."

Fox News' Liz Elkind contributed to this report.