Category: fox-news/politics

The Speaker’s Lobby: Election strategy if 2024 is a Trump vs. Biden rematch

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The campaign for President in 2024 won’t all play out in New Hampshire diners and corn fields in Iowa. That’s to say nothing of steel towns in Pennsylvania and dairy farms in Wisconsin.

Let’s presume that President Biden and former President Trump face each other in a 2020 rematch. The battle for the presidency may emerge in two forms. For Democrats who oppose former President Trump: various courtrooms in New York, Miami, Washington, DC and Atlanta. For Republicans who disapprove of President Biden, the venues are closed-door depositions, committee hearings and maybe even articles of impeachment on the House floor.

Democrats think they have the goods on former President Trump on a variety of charges in court – ranging from allegedly stealing secret documents to potentially trying to steal the election. 

THE HITCHHIKER’S GUIDE TO WHERE WE STAND WITH IMPEACHMENT

Republicans think they have the goods on President Biden as they probe Hunter Biden, Biden family businesses and potential links to Mr. Biden himself.

It’s unclear if either of these strategies - or hopes of each side – pays dividends with the electorate. But it’s something which party loyalists on both sides watch closely. And Republicans and Democrats alike are agog that the other side isn’t as outraged at the purported transgressions as they are.

Much has been written about the legal woes facing former President Trump and what it means for the 2024 campaign. Let’s explore the Biden family investigations and consequences for next year.

Most Congressional Republicans are determined to link President Biden to some of the legal issues surrounding the president’s son. The torpedoed plea deal for Hunter Biden coupled with testimony from IRS whistleblowers, a closed-door transcript by former Hunter Biden business associate Devon Archer and empaneling of Delaware U.S. Attorney David Weiss fuels the outrage.

Most Republicans demanded a special counsel to investigate Hunter Biden. But they were aghast when Attorney General Merrick Garland appointed Weiss – architect of the now nullified plea agreement.

Weiss offered House Judiciary Committee Chairman Jim Jordan, R-Ohio, a series of four dates to testify about his inquiry of Hunter Biden and the plea arrangement this fall. But it’s now far from clear if Weiss will ever appear after becoming special counsel. Most special counsels speak to Congress after their inquiries are complete. As special counsel, Weiss has complete authority to decide whether to testify to Congress.

Democrats continue to stand by Weiss. They applaud his independence and argue they have no reservations with his ability to serve. They also remind people that former President Trump nominated Weiss for his post as Senate-confirmed U.S. Attorney for Delaware.

"It’s just the judicial process taking place," said Rep. Ami Bera, D-Calif., on Fox.

However, Bera conceded that such allegations and an inquiry wasn’t good for the country.

"Let the legal process take place if there was wrongdoing," said Bera.

But Congressional Republicans won’t do that. They see an opportunity to go for the jugular with President Biden. And if nothing else, their anti-Biden Republican base compels them to move in that direction.

AUGUST IS OFTEN THE STRANGEST MONTH IN POLITICS, AND THIS YEAR IS NO DIFFERENT

"They’ve made it an industry as a family of monetizing access to high people in government," said Rep. Nick Langworthy, R-N.Y. "The evidence just continues to pile up. But it’s a web of lies and deceit as the President continues to deny this involvement."

So what shall we look for?

There’s always the possibility of Weiss’s testimony – although unlikely. House Oversight Committee Chairman James Comer, R-Ky., wants Archer to testify in public soon. There’s also the possibility that Weiss’s investigation doesn’t take that long since he already probed Hunter Biden. That said, some Republicans believe the creation of a special counsel - be it Weiss or someone else - could serve as a way to stymie Congress from investigating further. And Jordan and Comer would like to hear from Garland to explain what went into the decision to appoint Weiss – especially if Weiss won’t appear.

That brings us to the push by some Republicans to begin an impeachment inquiry.

On FOX Business recently, Comer said he intended to subpoena the Biden family. That may be problematic amid Weiss’s inquest. But a House vote to launch a formal impeachment inquiry – and thus call witnesses like the Bidens – could give the House more even footing.

To wit:

Republicans want to know more about the cryptic firms tied to the Biden family.

There are more than 20 shell firms associated with the Bidens.

The cryptic names sometimes echo one another.

Rosemont Seneca Partners. Rosemont Seneca Bohai. Rosemont Seneca Thornton.

Fox asked forensic accountant Bruce Dubinsky to review the Biden family bank records released by the House Oversight panel.

Dubinsky initially focused on the sheer number of shell firms in which the Bidens were involved.

"A shell company is just that. Just a shell. It doesn’t have typically an operating business," said Dubinsky. "They’re used in nefarious ways to either launder money or hide a transaction."

In other words, the mere existence of these firms presents a red flag.

"$20 million flows through these accounts, these fake businesses," alleged Rep. Tim Burchett, R-Tenn., on Fox.

Republicans have focused in particular on Yelena Baturina, one of the wealthiest women in Russia. Records from the Oversight panel show Baturina wired Rosemont Seneca Thornton $3.5 million in 2014. $2.5 million of that then appears to have gone to Rosemont Seneca Bohai. Baturina then dined with Mr. Biden in Washington when he was vice president in 2014.

"You see $3.5 million moving, coming inbound from Russia. And then it moves in two transactions to Devon Archer and one of Hunter Biden’s companies. That dollar for dollar - that is the signature of a problem," said Dubinsky.

It’s also unclear whether these firms provided a good or service. Republicans believe the linchpin is to demonstrate the commodity was access to the President when he served as Vice President.

Of course, drawing a straight line between all of this and alleged corruption by President Biden is hard to do – even if it’s true.

But from a political standpoint, it doesn’t necessarily have to be true or go back to the president to inflict damage.

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Republicans know this encourages their base and makes good on various political promises.

Moreover, this is not necessarily a winning political strategy heading into 2024 for the GOP. It’s far from clear if the public is buying into the Republican arguments. And regardless, the ultra high-profile legal travails of former President Trump could overshadow anything House Republicans do in their investigation of the current president.

WI GOP-dominated Legislature asks new Democratic-backed justice to recuse herself from redistricting case

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Republicans who control the Wisconsin Legislature asked that the newest Democratic-backed justice on the state Supreme Court recuse herself from lawsuits seeking to overturn GOP-drawn electoral maps, arguing that she has prejudged the cases.

Republicans argue in their motions filed with the Wisconsin Supreme Court on Tuesday and made public Wednesday that Justice Janet Protasiewicz can't fairly hear the cases because during her campaign for the seat earlier this year she called the Republican-drawn maps "unfair" and "rigged" and said there needs to be "a fresh look at the gerrymandering question."

"Justice Protasiewicz’s campaign statements reveal that her thumb is very much on the scale in this case," Republicans argue in their motion with the court.

Protasiewicz, who was backed by Democrats in her winning election in April, never said how she would rule on a redistricting lawsuit. She never committed to recusing herself from hearing the case. Her win gave liberals a 4-3 majority on the court.

Protasiewicz did promise to recuse herself from any case brought by the Wisconsin Democratic Party because it donated nearly $10 million to her campaign. There are two pending redistricting lawsuits, neither of which was brought by the Democratic Party.

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However, the Republican-led Legislature argues that because Democrats would benefit from a redrawing of the maps, Protasiewicz must recuse herself from hearing the case. Staying on the case would violate Republicans' constitutional due process rights, they argue.

Republican Assembly Speaker Robin Vos has said that if Protasiewicz does not recuse herself from the redistricting case, he would look into pursuing her impeachment. Republicans have a two-thirds majority in the state Senate, which would be enough votes to remove Protasiewicz from office should the Assembly vote to impeach. However, her replacement would be named by Democratic Gov. Tony Evers.

Protasiewicz began her 10-year term in August. That week, two similar redistricting lawsuits were filed. The Legislature is seeking to intervene in both lawsuits and have Protasiewicz recuse herself from both.

WISCONSIN IN THE SPOTLIGHT AHEAD OF 2024 ELECTION

Protasiewicz declined to comment when asked for her reaction to the request and whether she would step away from the cases.

"I appreciate your interest in the Wisconsin Supreme Court," she said via email. "I do not wish to comment, but thank you very much for reaching out to me."

Attorneys who brought the two redistricting cases had no immediate comment.

Wisconsin’s Assembly districts rank among the most gerrymandered nationally, with Republicans routinely winning far more seats than would be expected based on their average share of the vote, according to an Associated Press analysis.

Both lawsuits ask that all 132 state lawmakers be up for election that year in newly drawn districts. In Senate districts that are midway through a four-year term in 2024, there would be a special election, with the winners serving two years. The regular four-year cycle would resume again in 2026.

One lawsuit was filed on behalf of voters who support Democrats by Law Forward, a Madison-based liberal law firm, the Stafford Rosenbaum law firm, Election Law Clinic at Harvard Law School, Campaign Legal Center, and the Arnold & Porter law firm.

The other case was brought by voters who support Democratic candidates and several members of the Citizen Mathematicians and Scientists. That group of professors and research scientists submitted proposed legislative maps in 2022, before the state Supreme Court adopted the Republican-drawn ones.

Two more Trump co-defendants surrender in Georgia election fraud case

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Two more co-defendants have surrendered in the Georgia election fraud case against former President Donald Trump.

Former Coffee County Republican Party Chairwoman Cathy Latham and Georgia Republican Party Chairman David Shafer were granted bond Tuesday after surrendering themselves. 

Latham, who is facing 12 charges in the case, including violations of the RICO Act and conspiracy to defraud the state, was released on $75,000 bond. 

GEORGIA INDICTMENT: 2 TRUMP CO-DEFENDANTS BOOKED IN FULTON COUNTY JAIL

Shafer was also released on a $75,000 bond.

Latham and Shafer are not the first co-defendants to surrender themselves to Georgia authorities.

Scott Hall, an Atlanta-based bail bondsman, and John Eastman, a former Trump attorney, were each booked Tuesday at the Fulton County Jail, records show. 

TRUMP BOND SET AT $200,000 AFTER GEORGIA INDICTMENT; HE WILL BE PROCESSED THURSDAY

Hall has been assigned a $10,000 bond for seven charges. Eastman accepted a $100,000 bond. 

The two men were indicted last week alongside Trump and 16 others, who are accused by Fulton County District Attorney Fani Willis of scheming to subvert the will of Georgia voters in a desperate bid to keep Joe Biden out of the White House. 

It was the fourth criminal case brought against the Republican former president.

Eastman, a former dean of Chapman University Law School in Southern California, faces charges related to his advice to Trump on how the former president could overturn the 2020 election. 

Hall is accused of conspiring to unlawfully access voter data and ballot counting machines at the Coffee County Election office on Jan. 7, 2021. His seven charges include one count of violation of the Georgia RICO Act, two counts of conspiracy to commit election fraud, one count of conspiracy to defraud Georgia, and three felony counts related to his alleged actions in Coffee County. 

Eastman said in a statement provided by his lawyers that he was surrendering "to an indictment that should never have been brought." 

Fox News Digital's Chris Pandolfo contributed to this report.

Biden appoints Ed Siskel, who shielded Obama from GOP’s Benghazi investigation, as new White House counsel

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President Biden has appointed Ed Siskel, a veteran of the Obama-Biden administration who shielded then-President Obama amid House Republicans' inquiries into Benghazi and Solyndra, to be his new White House counsel. 

"Ed Siskel’s many years of experience in public service and a career defending the rule of law make him the perfect choice to serve as my next White House Counsel," Biden said in a statement Tuesday, announcing the new hiring.

The president added: "For nearly four years in the White House when I was Vice President, he helped the Counsel’s Office navigate complex challenges and advance the President’s agenda on behalf of the American people, and first as a federal prosecutor and then as the top counsel for one of America’s biggest and most vibrant cities, his hometown of Chicago, Ed has shown a deep commitment to public service and respect for the law."

Siskel’s arrival comes as the president faces a special counsel investigation into his alleged mishandling of classified documents, a special counsel investigation of his eldest son Hunter Biden, and as House Republicans have launched multiple investigations into him, his son and the origins of COVID-19. Also, some Republican lawmakers are pushing to impeach the president.

WHITE HOUSE COUNSEL DEPARTING AS HOUSE REPUBLICAN INVESTIGATIONS HEAT UP

On Tuesday, the White House announced that Biden selected Siskel, who rose to the rank of deputy counsel during his nearly four years previously serving in the White House Counsel’s Office, to replace current counsel Stuart Delery, who will leave the post in September. The change in Biden’s senior legal counsel comes as Republican-led investigations continue to heat up around the president, the administration and the Biden family.

Speaking of Siskel, Biden said: "His experience will let him hit the ground running as a key leader on my team as we continue making progress for the American people every day."

According to the Chicago Sun-Times, Siskel helped the Obama administration navigate congressional inquiries and "other political land mines," including the solar panel company known as Solyndra that received government aid, and the terrorist attacks on the U.S. Consulate compound in Benghazi, Libya, that left four Americans dead.

Siskel also previously oversaw the rollout and subsequent legal challenges to the Affordable Care Act, or "ObamaCare."

As White House Counsel, Siskel will "lead a team serving the President with counsel on legal matters facing the White House and the country" as well as helping craft policies and executive actions to further push Biden’s agenda, the White House said.

During his previous role in the Obama-Biden White House Counsel’s Office, Siskel led the White House’s legal responses to numerous legal challenges concerning ObamaCare.

WHITE HOUSE IGNORES REPUBLICANS DEMANDING ANSWERS ON BIDEN'S KNOWLEDGE OF HUNTER BIDEN'S BUSINESS DEALINGS

Delery’s departure was announced last week in a statement where Biden said Delery was a "trusted adviser and a constant source of innovative legal thinking since Day One of my Administration."

He first joined Biden’s transition team in November 2020 before serving as deputy counsel. He was promoted to the top job in 2022 after Biden’s first counsel, Dana Remus, left the White House.

Delery notably oversaw the legal framework of the Inflation Reduction Act, which was the president’s signature environmental legislation, as well as helping Biden craft his student loan handout executive order last year that was ultimately struck down by the Supreme Court.

ELISE STEFANIK BACKS BIDEN IMPEACHMENT INQUIRY: 'OH, ABSOLUTELY'

He also played a key role in helping the administration put new rules at the U.S.-Mexico border, in an effort to stop illegal border crossings. The border has seen a surge of migrant crossings, including historic records, under the Biden administration.

After his first stint in the White House, Siskel worked in private practice. He then served for two years as corporation counsel to former Chicago Mayor Rahm Emanuel, who left office to become the U.S. ambassador to Japan.

Before his service in the Obama-Biden White House, Siskel was an associate deputy attorney general at the Justice Department and, prior to that, a federal prosecutor in the U.S. Attorney’s Office in the Northern District of Illinois and a clerk within the U.S. Supreme Court.

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He graduated from Wesleyan University and the University of Chicago Law School.

Georgia Judge blocks provision prohibiting the distribution of water at voting polls

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A federal judge in Georgia temporarily blocked a provision in the state's voting law barring people from giving food and water to voters waiting in line to vote on election day, and stopped a requirement that voters include their date of birth on their absentee ballots.

U.S. District Judge J.P. Boulee is still allowing the enforcement of penalties against people who provide food and water to voters waiting in line if they are within 150 feet of the building where voting is taking place. But the judge paused enforcement of the ban in other areas within 25 feet of a voter standing in line.

"Central to this conclusion was the fact that, unlike the Buffer Zone’s reasonable 150-foot radius, the Supplemental Zone has no boundary," he wrote. "S.B. 202 prohibits organizations (such as Plaintiffs) from engaging in line relief activities in the Supplemental Zone, i.e., if they are within twenty-five feet of a voter—even if the organizations are outside the 150-foot Buffer Zone."

Boulee also blocked a part of the law requiring voters to provide their date of birth on the outer envelopes of absentee ballots. He wrote that the state "did not present any evidence that absentee ballots rejected for failure to comply with the Birthdate Requirement were fraudulent ballots."

GEORGIA EARLY VOTING SETS ALL-TIME RECORD FOR MIDTERM ELECTION DESPITE CLAIMS OF VOTER SUPPRESSION

But the judge rejected the groups' claims that certain restrictions imposed by the law deny voters with disabilities meaningful access to absentee voting.

The Election Integrity Act was passed by state lawmakers and signed into law by GOP Gov. Brian Kemp in the spring of 2021. Other provisions in the law include requiring identification to vote, extending the early voting period and ensuring a ballot drop box will be available in every county.

The controversial election law seeking to strengthen voting rules came shortly after the 2020 election and prompted criticism from Democrats and large corporations, including Major League Baseball and Coca-Cola. The MLB moved its 2021 All-Star Game from Atlanta to Denver in response to the election law.

Critics of the law, including President Biden and twice-failed Georgia gubernatorial candidate Stacey Abrams, claimed it would restrict voting access, particularly for people of color. But Georgia saw record turnout in the primary and general elections in 2022, leading Republicans to argue the criticism was not justified.

Several civil rights and voting rights groups filed a lawsuit challenging the law.

DESANTIS MEETS WITH KEMP AMID TRUMP CASE, IMPEACHMENT CALLS AGAINST FANI WILLIS

Both sides declared victory after Boulee's mixed ruling on Friday.

NAACP Legal Defense Fund assistant counsel John Cusick said in a statement that the decisions "are important wins for our democracy and protecting access to the ballot box in Georgia."

Georgia Secretary of State Brad Raffensperger said the Peach State "continues to have one of the most secure and accessible voting systems in the country for all voters, including voters with disabilities." 

"I am glad that the court upheld Georgia's common sense rules banning ballot harvesting and securing absentee ballot drop boxes," he said in a news release. "Georgia's voting system is accessible to all voters, with multiple options for voters to choose how they want to exercise their right to vote."

A ruling on Texas' election law, which is similar to the one in Georgia, was also handed down Friday from a federal judge.

U.S. District Judge Xavier Rodriguez struck down a provision of Texas' law requiring mail voters to provide the same identification number they used when they registered to vote. He ruled the requirement violated the U.S. Civil Rights Act because it prevented people from being able to cast ballots over an issue irrelevant to whether they are registered.

The provision led to skyrocketing mail ballot rejections in the first election after the law was passed in September 2021, and the U.S. Department of Justice challenged the provision.

"This ruling sends a clear message that states may not impose unlawful and unnecessary requirements that disenfranchise eligible voters seeking to participate in our democracy," Assistant Attorney General Kristen Clarke said in a statement after the ruling.

Several election integrity bills have passed in GOP-controlled states since 2020 after the election that year.

The Associated Press contributed to this report.

DeSantis meets with Kemp amid Trump case, impeachment calls against Fani Willis

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Florida Gov. Ron DeSantis met with the governor of Georgia this week for a brief, private conversation. 

DeSantis, a candidate for the Republicans' 2024 presidential ticket, met with Governor Brian Kemp at a hotel in Buckhead, Georgia, on Friday.

The Florida governor was in the area for an appearance alongside other presidential candidates on radio host Erick Erickson's talk show.

GOV. BRIAN KEMP HASN'T RECEIVED 'ANY EVIDENCE' STATE SEN. MOORE HAS MAJORITY NECESSARY FOR WILLIS IMPEACHMENT

The two governors did not discuss endorsements, two sources with knowledge of the matter told Politico.

Fox News Digital reached out to DeSantis's and Kemp's offices for comment on the private meeting.

Kemp additionally spoke Friday with former Vice President Mike Pence, who is also running for the Republican nomination.

Kemp is doing his best to stay out of his state's ongoing racketeering case against former President Donald Trump.

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Fulton County District Attorney Fani Willis held a press conference late Monday after a Fulton County grand jury handed up charges against the former president and numerous others.

The Georgia district attorney gave Trump and the other 18 individuals charged in the indictment until noon on August 25 to surrender to law enforcement.

Willis said during the press conference that she would like a trial to take place within six months.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

Moore, in a statement to Fox News Digital, clarified that the statement in the letter alluding to having a majority in both houses was not accurate.

"Tell Brian Kemp and his team to turn off CNN and open their eyes. I've done 25 TV, radio and podcast interviews with one identical message: I need 3/5 of my colleagues to sign the letter," Moore told Fox News Digital. "The people of Georgia want action, not more empty promises from fluff politicians."

Gov. Brian Kemp hasn’t received ‘any evidence’ state Sen. Moore has majority necessary for Willis impeachment

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FIRST ON FOX: Georgia Gov. Brian Kemp's office says the state senator seeking to impeach the prosecutor handling the Georgia case against former President Donald Trump has not provided evidence that he has the necessary support to call a special session.

In a letter to the governor filed Thursday, state Sen. Colton Moore claimed to have the support of "3/5 of each respective house" in the state legislature regarding his efforts to impeach Fulton County District Attorney Fani Willis.

"We have not been provided any evidence to support that assertion," spokesman Garrison Douglas told Fox News Digital. 

GEORGIA STATE SENATOR MOVES TOWARD IMPEACHING DA FANI WILLIS OVER TRUMP CHARGES

Moore is moving to impeach Fulton County District Attorney Fani Willis over the charges brought against former President Trump.

"As a Georgia State Senator, I am officially calling for an emergency session to review the actions of Fani Willis," Moore said on social media Thursday. "America is under attack. I’m not going to sit back and watch as radical left prosecutors politically TARGET political opponents."

"We, the undersigned, being duly elected members of the Georgia House of Representatives and Georgia Senate, and comprising 3/5 of each respective house, pursuant to Article IV, Section II, Paragraph VII(b), hereby certify to you, in writing, with a copy to the Secretary of State, that in our opinion an emergency exists in the affairs of the state, requiring a special session to be convened under that section, for all purposes, to include, without limitation, the review and response to the actions of Fani Willis," Moore wrote in his letter to the governor the same day.

CNN LEGAL ANALYST DOUBTS FANI WILLIS, SAYS THERE IS 'NO PLANET' WHERE TRUMP IS TRIED IN MARCH: 'NOT HAPPENING'

Regarding further questions on the state senator's bid to impeach Willis, Kemp's office said it could not comment due to the governor's involvement in the case.

"Given the governor was subpoenaed in this case in November of 2022, our office will not be commenting further," he added.

Kemp's office directed Fox News Digital to comments made by one of Kemp's senior advisors, Cody Hall.

"Where have I heard special session, changing decades-old law, and overturning constitutional precedent before?" Hall asked in an interview with the Atlanta Journal-Constitution. "Oh right, prior to Republicans losing two Senate runoffs in January of 2021."

"What are people hoping to learn in the second kick of the election-losing mule?" Hall continued.

Fox News Digital reached out to state Sen. Colton Moore's office for clarification on his claim regarding the 3/5 majority in the state houses, but did not hear back in time for publication.

White House counsel departing as House Republican investigations heat up

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The White House has announced its top lawyer will leave next month after nearly three years of serving President Biden as House Republicans continue to investigate the president and his family.

Stuart Delery first joined Biden’s transition team in November 2020 before serving as deputy counsel. He was promoted to the top job in 2022 after Biden’s first counsel, Dana Remus, left the White House.

In a statement Thursday announcing the departure, Biden called Delery a "trusted adviser and a constant source of innovative legal thinking since Day One of my Administration."

The president added, "From his work during those early days on COVID-19 and efforts to get life-saving vaccines to the American public to the implementation of major legislative accomplishments such as the American Rescue Plan, the Bipartisan Infrastructure Law, and the Inflation Reduction Act, he has been an integral part of my team and will be missed throughout the Administration."

WHITE HOUSE IGNORES REPUBLICANS DEMANDING ANSWERS ON BIDEN'S KNOWLEDGE OF HUNTER BIDEN'S BUSINESS DEALINGS

Biden also thanked Stuart and his family for his service.

The White House did not announce who would be replacing him as counsel.

Delery’s departure comes as House Republicans have launched multiple investigations into Biden’s son Hunter and the origins of COVID-19. Other Republican lawmakers are pushing to impeach the president — a proposal that lacks mainstream support.

ELISE STEFANIK BACKS BIDEN IMPEACHMENT INQUIRY: 'OH, ABSOLUTELY'

In addition to these inquiries, Attorney General Merrick Garland named a special counsel to investigate the presence of classified documents that were found in Biden’s possession at two different locations, including the garage at his Delaware home and his former Washington, D.C., office.

Biden’s personal lawyer, Bob Bauer, is handling the classified documents matter, while the White House has about two dozen aides working on the other investigations.

HUNTER BIDEN CONTRADICTS DAD'S CLAIM NOBODY IN FAMILY 'MADE MONEY FROM CHINA'

The departure also comes as White House Chief of Staff Jeff Zients asked Cabinet members and senior officials to decide by the end of the summer whether they would remain in their position through 2024 and the election cycle.

An unidentified White House official told The Associated Press that Delery’s departure had been in the works for a while.

Delery was the top adviser who helped Biden craft his student loan handout executive order last year that was ultimately struck down by the Supreme Court.

The White House unsuccessfully argued the COVID-19 pandemic qualified as an emergency that gave the education secretary the legal authority to "waive or modify any statutory or regulatory provision," such as student loan debt.

The nation’s highest court ruled in a 6-3 decision that the administration overstepped its constitutional authority with the proposal.

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While serving as deputy counsel, before being the chief White House lawyer, Delery played a critical role in advising Biden’s $1.9 trillion American Rescue Plan and the $1 trillion infrastructure bill.

Delery also played a key role in helping the administration put new rules at the U.S.-Mexico border, designed to stop migrants from crossing illegally.

The Associated Press contributed to this report.

Could Trump pardon himself if convicted of Georgia charges? Experts weigh in

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Former President Trump was indicted earlier this week on 13 felony counts in Georgia in connection with an alleged attempt to overturn the results of the 2020 election. Legal experts told Fox News Digital that Trump cannot pardon himself in this case, but the process of actually incarcerating him is a complicated one.

"The president…shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment," Article II, Section 2, Clause 1 of the Constitution reads which John Malcolm, vice president for the Institute for Constitutional Government at the Heritage Foundation, told Fox News Digital likely prevents Trump from pardoning himself in Georgia.

"It seems to be pretty clear that he has plenary authority to pardon people for federal crimes, but not for state crimes," Malcolm explained. 

Prominent legal scholars, including George Washington University’s Jonathan Turley and former federal prosecutor Andy McCarthy have made similar arguments to Malcolm's and said that Trump cannot pardon himself in Georgia while others, including political commentator and attorney Mark Levin, have made the case that he can. 

GEORGIA COURT CLERK ADMITS 'MISHAP' BEHIND 'FICTITIOUS' TRUMP INDICTMENT: 'I AM HUMAN'

Levin argues that the Constitution is silent on whether a president can even be indicted and believes the Constitution's Supremacy Clause holds that Trump's federal authority takes precedence over state laws. Additionally, Levin says the Department of Justice's position that a sitting president cannot be indicted on federal crimes because it would "cripple the executive branch" would also hold true for state crimes and indictments from local DAs. 

Clark Neily, senior vice president for legal studies at the Cato Institute, told Fox News Digital that he does not envision a scenario where Trump could pardon himself on state crimes.

"I could see a court delay a proceeding, perhaps even delaying the imposition of a sentence to avoid having a sitting president simultaneously involved in criminal litigation or serving a sentence," Neily told Fox News Digital. "I think that's conceivable. But I just don't really think it's plausible that a court would find that the president of the United States has some unwritten power to pardon himself from state crimes and just make those prosecutions go away entirely."

Ilya Shapiro, senior fellow and director of constitutional studies at the Manhattan Institute, also told Fox News Digital that Trump cannot pardon himself on state charges and could potentially self-pardon on federal charges in Washington, D.C., and Florida, but that "would be an abuse of power that’s potentially impeachable."

In Georgia, the Republican governor does not have the power to grant clemency. Instead, the five-member board of pardons and paroles, made up of individuals appointed by the governor, holds that power. 

TRUMP SAYS GEORGIA INDICTMENT COMES DURING 'DARK PERIOD' FOR US, VOWS TO FIX IT BY WINNING

Despite the belief that Trump cannot pardon himself from state charges, Malcolm said that if elected president, Trump would be unlikely to see a jail cell at least until he is out of office.

"A president has to be able to carry out the duties of being president of the United States so I think if a president were convicted and incarcerated, I think that a very strong argument can be made that the state could not interfere with his ability to serve as president, and you can't serve as president from a jail cell," Malcolm said.

"Similarly, I think that if there were a state court indictment pending against the president, that indictment would have to be held in abeyance for the entire time that the president served in office, and then it could be taken up again if anyone was so inclined to do it after he or she leaves office."

Neily, who made the point that the legal theories surrounding these arguments are uncharted waters, told Fox News Digital it is hard to envision a scenario where Trump sees any time in state prison for the charges either during his time in office or after and believes the sentence could be commuted by the state or made into a house arrest situation. 

"I think there's a pretty good chance that a court would try to find some way to avoid a situation where a state was either actively prosecuting or incarcerating the president," Neily said.

"I don't see him being incarcerated for any of the charges that are currently pending against him," Neily added. "I feel like the judges in those cases will try to figure out a way to impose some form of punishment that's sort of sufficiently satisfying to the public or that portion of the public that thinks that the prosecutions were appropriate short of actually incarcerating him in an actual prison."

Neily continued, "I'm just not sure that I can really see a former president going to jail with his Secret Service detail."

Trump faces roughly 75 years in prison if convicted on all counts and given the maximum sentences in the Georgia indictment. Georgia judges are not required to dole out prison time for the state RICO charges and can instead levy a fine. But, if they decide to issue a prison sentence the mandatory minimum is five years.

Ohio Secretary of State Frank LaRose fires top aide for criticizing Donald Trump on social media

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Ohio Secretary of State Frank LaRose, the most prominent Republican in the race to unseat Democratic U.S. Sen. Sherrod Brown next year, has fired one of his top aides after social media posts surfaced in which the staffer criticized Donald Trump.

LaRose's office confirmed press secretary Rob Nichols's departure on Wednesday. A longtime Republican operative in the state, Nichols held a similar position with then-Republican Gov. John Kasich before he ran for president and became a vocal Trump detractor.

The abrupt dismissal followed Trump political allies on X, formerly Twitter, discovering and posting a cache of old tweets from Nichols' personal account that took aim at the former president, including for his impeachments, indictments and appearance.

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In one tweet, Nichols is quoted replying to a Trump supporter: "it’s been an incredible indictments race to the bottom for your guys and hunter biden...the daytona 500 of felonies and misdemeanors."

His interim replacement, Mary Cianciolo, confirmed that Nichols no longer works for LaRose, but said she could not comment further on a personnel matter.

Reached by phone, Nichols declined comment on the matter. He had deleted the offending account before the tweets were brought to light.

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The dismissal comes just a month after LaRose joined what is expected to be one of the most closely watched contests of 2024 and one where Trump's endorsement could again prove crucial — as it did last year.

After holding out for months, Trump endorsed venture capitalist and memoirist JD Vance for the seat vacated by the GOP's Rob Portman in 2022, helping Vance handily beat a crowded field to win the GOP primary and then the seat.

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A previous critic of Trump himself, LaRose endorsed him for president in 2024 a week after entering the Senate race. That marked a reverse in position from 2020, when he said it was inappropriate to take political sides when you were running elections.

LaRose faces state Sen. Matt Dolan and Cleveland businessman Bernie Moreno for the Republican Senate nomination. Dolan, whose family owns baseball's Cleveland Guardians, has distanced himself from Trump, while Moreno — also a past critic — has seen Trump encourage his run.