Legal experts divided over Biden impeachment case but agree on one point

After the first impeachment inquiry hearing launched by House Republicans against President Biden, some legal experts are split on whether the accusations leveled against the president warrant an impeachment. But they all said the evidence needs to be investigated.

Following the marathon hearing on Thursday that lasted several hours, House Oversight Committee Chairman James Comer, R-Ky., said that GOP lawmakers successfully outlined how the Biden family brought in "over $15 million in their foreign influence peddling, over $24 million if you account for their associate's earnings from the schemes" by leveraging access to then-Vice President Joe Biden.

"We have established in the first phase of this investigation where this money has come from: Ukraine, Romania, Russia, Kazakhstan, China, it didn't come from selling anything legitimate. It largely went unreported to the IRS. It was funneled through shell companies and third parties to hide the Biden's fingerprints," Comer said.

House Republicans are still making their case in the impeachment inquiry process, but legal experts who spoke to Fox News Digital are split on whether the evidence presented so far meets the threshold of an impeachable offense. 

FEDERAL INVESTIGATORS FLOATED SEX TRAFFICKING CHARGES AGAINST HUNTER BIDEN, DOC SHOWS

"There's smoke, but there's no fire. There's not enough to impeach, but there's enough to investigate," former Harvard professor and lawyer Alan Dershowitz told Fox New Digital in an interview. 

Dershowitz argued that because the allegations from Republicans revolve around activity from when Biden was vice president and not in his current position in the Oval Office, that precludes him from being impeached. 

"I think there's a lot of hypocrisy going on. Many of the same people who denied that Donald Trump was subject to impeachment now seem to be suggesting maybe that Biden is. And we have to have one rule for everybody. We can't have separate rules for Democrats or Republicans," said Dershowitz.

TEXTS SUGGEST BIDEN REQUESTED MEETING WITH SON'S CHINESE BUSINESS PARTNER AFTER COMPANY PAID HUNTER MILLIONS

But John Shu, a lawyer who served in both George H.W. Bush and George W. Bush administrations, argued that Republicans have "plenty of evidence" to start an impeachment inquiry. 

"An impeachment inquiry is akin to a preliminary investigation or grand jury investigation. The purpose is to gather facts for later analysis and presentation, not to actually impeach anyone, and thus the legal standard to start it is lower," said Shu. 

"It is before the actual impeachment process, which is akin to a filing an indictment," he explained. "The Senate holds the impeachment trial, with House members acting as prosecutors and Chief Justice Roberts serving as the presiding judge." 

Shu said that starting an impeachment inquiry "opens the options for the House to subpoena certain people and documents and the investigations are no longer tied or limited to a specific committee and its specific oversight functions."

Which is exactly what Comer did; immediately following Thursday’s hearing, he subpoenaed the bank records of Hunter Biden, James Biden and their affiliated companies.

Shu added that what the Oversight Committee’s investigation has yielded thus far, including IRS whistleblower claims that suggest certain Justice Department individuals inappropriately intervened on behalf of President Biden during their federal probe of Hunter Biden, also warrants a congressional inquiry into the president — who, Shu says, "has been forced to backtrack from his previous claims that he’s had nothing to do with Hunter’s business activities."

DEMOCRATS SEEK TO SWITCH BIDEN IMPEACHMENT INQUIRY HEARING FOCUS TO TRUMP

For example, according to the whistleblowers, Assistant U.S. Attorney Lesley Wolf, who works for U.S. Attorney David Weiss in charge of the Hunter Biden probe, personally intervened to prevent investigators from following where the evidence was leading them, and Weiss’s office appears to have slow-walked the various Hunter Biden investigations to let the statutes of limitations run out," Shu suggests. 

Jim Trusty, a former federal prosecutor and former lawyer for President Donald Trump, concurred, saying congressional oversight and impeachment are "the only real options" for Republicans to deal with the alarming findings by the committee. 

"Biden-appointed U.S. attorneys are simply not politically suicidal — they will not open a case," Trusty told Fox News Digital. "There is no reason for Congress to think any prosecutor has an appetite for breaking ranks and pursuing this case, so oversight and impeachment (and thus, public scrutiny) are the only real options,’ he said.

In terms of the timing issue Dershowitz raised, Trusty doesn’t believe it’s an issue. 

"I don’t think it’s a particularly powerful problem here — if there are bribes and payments that essentially compromised or indebted the Bidens to these foreign actors, then the timing of those payments is pretty immaterial," Trusty said. 

"If President Biden made certain decisions on trade, on military action or weapons, on ignoring aggressive behavior by our adversaries because of the financial transactions or his fear of those transactions going public, the consequences are simply not over," he said. 

"You could also point to [the president’s] evolving story about Hunter’s dealings and his knowledge of the Biden brand being sold, particularly with the lighter definition of impeachable offenses that was established at President Trump’s expense," Trusty added. 

Former Democrat offers advice for Texas mayor under fire for ditching Dem Party to join GOP

EXCLUSIVE: A Democrat-turned-Republican congressman has advice for Dallas Mayor Eric Johnson, who also decided to switch parties and become a Republican last week: Follow your "heart" and your "brain."

Speaking with Fox News Digital as the four-year anniversary of his own party flip draws nearer, Rep. Jeff Van Drew, R-N.J., said he appreciated that Johnson came to the "same conclusion" as he did that the Democratic Party of years past was simply "no more."

"I appreciate what he did, and, as the mayor of Dallas, he came to the same conclusion that I did. He just didn't fit into the party anymore," Van Drew said. "You know, I was just constantly arguing, voting against all the different things they wanted to do. And it climaxed with the Trump impeachment, which was baseless and false."

"What they've done to our Department of Justice, what they've done to our FBI, what the attorney general has done, what the FBI director has done, what our secretary of state did and still does, all of this is awful," he added. "[Johnson] knows that this is wrong, and he came to the right conclusion. And I'd tell him to follow his heart and his brain and he will be fine."

DALLAS DEM PARTY BLASTS 'SELF CENTERED' MAYOR'S 'VALUES' FOR SWITCHING TO GOP: 'INSULT TO THE ELECTORATE'

When asked if he had any regrets about switching parties in 2019, Van Drew gave the simplest of answers: "Not even in the slightest."

"The more I see and the more I hear, the happier I am that I have changed," he said. "I'm a conservative. There used to be room for something called a Blue Dog Democrat, a conservative Democrat. Those times are no more. I want people to know who are watching this, there is no longer really a conservative branch of the Democratic Party."

"This is not your mother's and father's or grandmother's or grandfather's Democratic Party. This is an extremely left-wing socialist party that wants to completely change our republic and completely destroy the American experience. So, I am happy that I changed," he added.

Van Drew said his strong feelings does not mean that Republicans, or anyone for that matter, are perfect, but it is a necessity to have "love of the United States of America in your heart and soul."

GOP, DEMS TEAM UP TO RIP ‘DELUSIONAL’ SINEMA OVER ‘PLAN’ TO SWIPE THEIR VOTERS IN INDEPENDENT REELECTION BID

"You have to believe in this great republic. And those are the kinds of elected officials and senators and congresspeople that we need," he said.

After news broke last week that Democrat New Jersey Sen. Bob Menendez was facing a federal indictment on bribery and corruption charges, which he denies any wrongdoing, Van Drew, who represents New Jersey's 2nd Congressional District, confirmed he was "strongly considering" a run to unseat him.

Van Drew told Fox that, beyond Menendez's alleged crimes, New Jerseyans are "tired" of high taxes, Democrats interfering in the relationship between parents and children, policies that degrade law enforcement, the amplification of "woke" culture in the military, and the controversial subjects being taught to children in schools.

"This is unbelievable stuff. And New Jerseyans by and large — yes, it's a blue state, but they're hard-working, good people that pay an awful lot in taxes and are trudging through life — they're sick of it. So, it's more than just about me. It really is about the United States of America. It really is about the state of New Jersey," he said, noting that it has been more than 50 years since the state put a Republican in the Senate.

KARI LAKE BOOSTS NATIONAL PROFILE AS TOP TRUMP SURROGATE, GOP CAMPAIGNER AHEAD OF LIKELY SENATE RUN

"So, I'm going to think about it, you know, very seriously. I'm going to work my way through — it requires speaking to my closest friends. It requires speaking to my family and my advisers and other folks. I want to do this carefully and I want to make sure right now, though, I am focused on my job as South Jersey's congressman," he said.

However, Van Drew dismissed any timeline for when he might make a decision on a potential run.

"I'm going to think about it long and hard, make sure I'm doing the right thing for the country, the right thing for New Jersey and the right thing for my congressional district. I love my congressional district, so it is all very, very important to me. And I'm going to make sure that I do the right thing," he said.

Democrats’ new Hunter Biden talking point: Biden only guilty of being a loving father

House Democrats are now claiming that President Joe Biden actually is guilty - of loving his son Hunter.

The House Oversight Committee held an impeachment inquiry hearing Thursday that delved into the relation to between President Biden and his involvement in his son Hunter's foreign business dealings.

Democrat Reps. Maxwell Frost, D-Fla., and Jasmine Crockett, D-Texas., fumed at House Republicans during their 5-minute remarks, attempting to argue that the president is innocent on the basis that he is just "a father."

DEMOCRATS SEEK TO SWITCH BIDEN IMPEACHMENT INQUIRY HEARING FOCUS TO TRUMP

"This entire fake impeachment inquiry isn't about the United States; it's about Hunter Biden. And the only thing the president can be guilty of here is being a father," Bowman said during the hearing.

After using up most of her time shifting the focus from Biden to former President Donald Trump, Crockett also claimed that Biden is nothing but "guilty of loving his child unconditionally."

"Tell you what the president has been guilty of. He has unfortunately been guilty of loving his child unconditionally, and that is the only evidence that they have brought forward. And honestly, I hope and pray that my parents love me half as much as he loves his child."

HUNTER BIDEN'S $250K WIRE FROM CHINA LABELED AS A ‘PERSONAL INVESTMENT’

House Republicans launched the inquiry pledging to provide "accountability" as they investigate Biden family finances and business dealings. 

Oversight Committee Chairman James Comer alleges they have a "mountain of evidence" indicating that President Biden had previously leveraged his public office for personal gain for his family.

"The bottom line is that the committee has shown the Bidens alone brought in over $15 million in their foreign influence peddling, over $24 million if you account for their associate's earnings from the schemes," Comer said.

"We have established in the first phase of this investigation where this money has come from Ukraine, Romania, Russia, Kazakhstan, China; it didn't come from selling anything legitimate," he continued. "It largely went unreported to the IRS. It was funneled through shell companies and third parties to hide the Biden's fingerprints."

"This deserves investigation," he added. "This deserves accountability. The American people expect this committee to investigate public corruption."

Comer then outlined the committee's next steps in the inquiry.

"Now we know much of the money goes -- Hunter Biden, Haley Biden, James Biden, Sarah Biden, other Biden family members and their business entities," Comer said. "What we need to understand is where it goes next. That is the question this committee has to answer. And the evidence supports that next step."

Comer said he would subpoena the bank records of Hunter Biden, James Biden and their affiliated companies.

Mace calls Dem claims on impeachment push ‘complete and total bulls—‘

Rep. Nancy Mace, R-S.C., used fiery language on Thursday to call out Democrats on the House Oversight Committee for their dismissal of Republican criticism of President Biden's conduct related to his family's business dealings, calling their claims "bulls---."

Mace was speaking at the committee's first impeachment inquiry public hearing, where Republicans presented evidence uncovered to date as part of their investigation into the Biden family’s business dealings.

But Democrats downplayed the hearing, saying Republicans had launched "an impeachment drive based on a long-debunked and discredited lie."

HOUSE GOP TO PRESENT EVIDENCE AGAINST BIDEN IN FIRST IMPEACHMENT HEARING 

Mace pointed to a 2017 deal with Chinese company CEFC, alleging the deal involved making millions "off of granting access to Joe Biden."

"Hunter even arranged for Joe Biden to share office space with the CCP aligned company CEFC," she said. 

She then countered claims by Democrats that the deal took place when Biden was no longer vice president, and before he began running for president in 2020.

"My Democrat colleagues say none of this is relevant because Joe Biden wasn't vice president while his family did these shady deals," she said. "Turns out that's complete and total bulls---. It's a lie."

HUNTER BIDEN RECEIVED $250K WIRES ORIGINATING IN BEIJING WITH BENEFICIARY ADDRESS LISTED AS JOE BIDEN'S HOME

"Hunter Biden referred to access to his father as the keys to his family's only asset. Those words are going to come back and haunt Hunter Biden and his family forever," she said.

Republicans, meanwhile, have said GOP-led investigations have uncovered how the Biden family created over 20 shell companies that raked in more than $20 million between 2014 and 2019 and multiple Biden family members participated in or benefited from the schemes.

"Joe Biden is the brand and Joe Biden showed up at least two dozen times with business targets and associates, sending signals of access, influence and power to those prepared to pay for it," Chairman James Comer, R-Ky., said. "⁠The American people demand accountability for this culture of corruption." 

IRS OFFICIAL SAYS HE WAS FRUSTRATED DOJ DID NOT BRING CHARGES AGAINST HUNTER BIDEN FOR 2014, 2015 TAX YEARS

Democrats were dismissive, with ranking member Rep. Jamie Raskin of Maryland saying there was "no evidence of wrongdoing by President Biden."

"If the Republicans had a smoking gun or even a dripping water pistol, they would be presenting it today. But they've got nothing on Joe Biden," he said.

House Republicans announce first Biden impeachment inquiry hearing to be held this week

FIRST ON FOX: House Republicans announced Monday that the first impeachment inquiry hearing into President Biden will be held on Thursday at 10:00 a.m. ET.

According to the office of House Oversight Committee Chairman James Comer, R-Ky., the hearing "will examine the value of an impeachment inquiry," and will present all evidence to date uncovered by the committee in its investigation into the Biden family finances.

"Since January, House Committees on Oversight and Accountability, Judiciary, and Ways and Means have uncovered an overwhelming amount of evidence showing President Joe Biden abused his public office for his family’s financial gain," Comer said in a statement.

WATCH: KARINE JEAN-PIERRE DODGES WHEN PRESSED ON BIDEN'S SOUR APPROVAL RATING, AGE, MENTAL FITNESS

"Thousands of pages of financial records, emails, texts, testimony from credible IRS whistleblowers, and a transcribed interview with Biden family business associate Devon Archer all reveal that Joe Biden allowed his family to sell him as ‘the brand’ around the world to enrich the Biden family," he said. 

Comer's statement said that Congress had a duty to open the impeachment inquiry into Biden's alleged corruption, and that Americans "demand and deserve answers, transparency, and accountability for this abuse of public office."

"This week, the House Oversight Committee will present evidence uncovered to date and hear from legal and financial experts about crimes the Bidens may have committed as they brought in millions at the expense of U.S. interests," he added.

WATCH: BIDEN FORGETS TO SHAKE HANDS WITH PRESIDENT OF BRAZIL IN LATEST AWKWARD GAFFE

The witnesses who will testify at the hearing include Bruce Dubinsky, a forensic accountant with decades of experience in financial investigations and consulting, and who the committee says has testified in over 80 trials, including trials that involved financial fraud.

Former Assistant Attorney General Eileen O'Connor, who served in the U.S. Department of Justice Tax Division, and law professor Jonathan Turley, who testified in the Clinton and Trump impeachments, will also testify.

Last week, the Biden administration blasted House Republicans for planning to hold the hearing just days before the government runs out of funding, while dismissing the "evidence-free" probe as a "political stunt." Congress is currently negotiating a continuing resolution to extend the current year’s funding, but without passing a deal by Sept. 30, they risk sending the government into a partial shutdown.

VETERAN AIR FORCE PILOT SEEKING TO OUST VULNERABLE DEM SENATOR SAYS NATION MUST ABANDON ‘WRONG LEADERS’

"Extreme House Republicans are already telegraphing their plans to try to distract from their own chaotic inability to govern and the impact of it on the country," White House spokesperson Ian Sams told Fox News Digital.

"Staging a political stunt hearing in the waning days before they shut down the government reveals their true priorities: to them, baseless personal attacks on President Biden are more important than preventing a government shutdown and the pain it would inflict on American families," Sams said.

The hearing will be the first since House Speaker Kevin McCarthy, R-Calif., formalized an impeachment inquiry last week. McCarthy directed Comer and House Judiciary Chairman Jim Jordan, R-Ohio, along with Ways & Means Committee Chairman Jason Smith, R-Mo., to lead the investigation. 

However, the hearing won’t necessarily tread any new ground. It is expected to be a review of the existing evidence and explain the status of the inquiry, sources familiar said.

The Speaker’s Lobby: The Hitchhiker’s Guide to a possible government shutdown

Government funding expires at 11:59:59 pm et on September 30.

And right now, House Republicans, despite holding the majority, can’t pass any spending bills by themselves.

The House has tried for two weeks to get clearance on a procedural vote for the House to even launch debate on a defense spending bill. That’s a measure most Republicans support. In fact House Speaker Kevin McCarthy, R-Calif., says he’s never heard a Republican articulate what’s wrong with the bill.

Republicans passed one of the 12 annual spending bills in July. And now Republicans have practically torpedoed their trial balloon package rolled out over the weekend. That plan would re-up government funding to avoid a shutdown for 31 days and attach language to bolster border security. The House had planned to vote on that bill Thursday

HOUSE REPUBLICANS HOLD CONFERENCE CALL TO AVERT GOVERNMENT SHUTDOWN, PASS DEFENSE SPENDING BILL

It was a bad omen for a potential government shutdown when Republicans blew up their own procedural vote, blocking the House from beginning debate on the defense bill Tuesday.

"Is this another blow to you," yours truly asked McCarthy.

"You think it’s a blow. I just think it’s another challenge," replied McCarthy.

"Most Speakers are able to get their defense bills onto the floor," I countered.

"You assume it’s over," responded McCarthy. "I don’t quit."

McCarthy then warned that he would keep everyone here this weekend to vote.

"We’re going to vote on appropriations bills, whether they pass them or not," said McCarthy.

That is, if they can even bring them to the floor.

The votes have never caramelized for McCarthy in his efforts to get any spending measure up for debate recently.

HOUSE WILL HOLD FIRST BIDEN IMPEACHMENT INQUIRY HEARING NEXT THURSDAY

And therein lies the potential strategy for McCarthy.

It may look like defeat after defeat after defeat for McCarthy. And it is. But McCarthy has long-known where the solution to this impasse lies. The government may shut down. But the only path to keep the government open is a blend of Democrats and Republicans in the House and Senate. In fact, an interim spending bill to avert a shutdown could likely clear the Senate with 65 to 70 votes. A similar bill would move through the House with anywhere between 275 to 300-plus votes. For reference, the House approved the bill to suspend the debt ceiling in May with 314 votes. 

But McCarthy can’t pivot just yet to something else. He has to let his own GOP members fight it out among themselves. That’s why he gave a wide berth to the more centrist Republican "Main Street" Caucus and Rep. Scott Perry, R-Penn., the head of the Freedom Caucus, to cut a deal on the interim spending bill over the weekend. But that plan appears dead.

Nothing can pass the House right now. And, ironically, that might be what McCarthy needs.

To wit: McCarthy keeps the House here to vote on rules to bring up various procedural matters or the bills themselves. In the process, McCarthy is building a canon of evidence to show that there are 200-plus Republicans willing to vote yes on something – and a crew of five to 20 who will oppose just about anything.

It’s often a bad idea on Capitol Hill to keep members in Washington over a weekend when there aren’t things to pass or items to vote on. Lawmakers grow cranky and insolent. They sometimes then lash out at leadership for marooning them in Washington with little to show for it. In the case of the Freedom Caucus members, leaders have sometimes wanted to separate them. So tethering lawmakers to Washington with little to do often backfires.

But here, McCarthy may actually want people in Washington. It helps members hash things out and conjure their own ideas to end the standoff. McCarthy has publicly said he prefers to defer to Members. But heretofore, that approach hasn’t worked. 

In addition, it’s about the math.

FROM SUIT AND TIE TO 'ANYTHING GOES': THE SENATE DRESS CODE HAS UNRAVELED BEFORE

In the sense that there are about 200 Republicans who fully support McCarthy and five to 20 who aren’t completely on board. There is strength in numbers. The stasis in the House will start to draw the ire of the larger group. They already feel that the most extreme voices in the GOP are dragging the majority around by the nose. So, one could see infighting between McCarthy loyalists and those who oppose him. 

So what happens if the spending measures fail in the coming days? McCarthy will have shown that he was willing to fight and "never give up," as he often says. But the Speaker warned rank-and-file Republicans for days that unless the House passes something, it will likely get jammed by the Senate.

Since McCarthy can’t get votes to caramelize around any proposal to avoid a shutdown, it’s possible the Senate could cobble together an interim spending bill. That involves a lot of parliamentary mechanics. In fact, it may already be too late for the Senate to assemble a stopgap bill and break two filibusters to avoid a shutdown on October 1. But things are definitely a lot better these days in the Senate than the House. 

If that’s the case, McCarthy can tell his members that he tried and the House weakened its position by never passing a bill of consequence in the spending fight. Therefore, the House must accept whatever the Senate comes up with. 

This inherently weakens McCarthy’s stance. We don’t know if a government shutdown is inevitable. But it’s a near certainty that Rep. Matt Gaetz, R-Fla., or someone else will call for a no confidence vote in McCarthy’s leadership.

This is known as a "motion to vacate the chair." And while I’ve seen a lot of Congressional "shows" over the years, this program has never appeared in my TV Guide.

A "motion to vacate" could happen at any time – although it’s more likely to unfold if and when the House adopts an interim spending bill. A "CR" (short for Continuing Resolution, because it renews all old funding at present levels) appears to be the red line for McCarthy’s opponents. 

Here’s what happens if we get a "motion to vacate."

All it takes is one Member to call for a "motion to vacate." However, that motion is subject to a SECONDARY motion. McCarthy defenders would probably move to table (set aside) or refer the PRIMARY motion to committee (probably House Rules or Administration). If the SECONDARY motion prevails, the effort to "vacate the chair" is euthanized. There’s no threat to McCarthy.

But if the House DEFEATS the SECONDARY motion, the House then votes on the PRIMARY motion (the motion to vacate). If the House okays the motion to vacate, hold on to your hats.

All legislative traffic on the House floor stops. We are essentially back to January 3, the beginning of the Congress. The House can’t do anything on the floor until it elects a Speaker. Remember that it took 15 rounds in January to pick a Speaker. That process consumed five days and was the longest Speaker’s election since 1859. A potential Speaker’s race at this stage could take longer.

Remember, the winning candidate must receive an outright majority of all Members of the House WHO VOTE. 

That said, the House is in a different situation than it was in January. The House has sworn-in its Members. It has committees. So other activity may continue. But NOTHING on the floor until it picks a Speaker.

Here is the doomsday scenario: 

The government shuts down and the House is forced into an election for Speaker. But then the House struggles to elect a Speaker – EVEN IF IT HAS THE VOTES TO RE-OPEN THE GOVERNMENT.

Sigh.

Keep in mind that if the government shutters, it deems certain workers as "essential." But things like national parks close. And workers who are on the job aren’t paid. In fact, Congress usually must approve a resolution to provide back-pay to federal workers if they miss a paycheck.

Border Patrol, the Transportation Security Agency and air traffic controllers are required to work – even if they aren’t paid. However, air safety was one of the reasons the government re-opened in 2019 after a 35-day government shutdown which began in late 2018. 

A small group of air traffic controllers decided to stay home – paralyzing travel at major air hubs like Philadelphia, Atlanta, Newark, N.J., and at New York’s La Guardia airport. 

That "sickout" compelled the Trump Administration to relent and re-open the government.

Most lawmakers from both parties now believe the government is cruising toward a shutdown. The question is what are the aftershocks on Capitol Hill and for the Speaker.

AG Garland flips out at GOP lawmaker over accusations of anti-Catholic bias: ‘Outrageous’

Attorney General Merrick Garland was visibly outraged by accusations that he has operated the Justice Department with an anti-Catholic bias on Wednesday.

Garland testified before the House Judiciary Committee on Tuesday, facing questions from Republicans relating to the investigation of Hunter Biden and other hot-button issues. Rep. Jefferson Van Drew, R-N.J., had a particularly contentious exchange regarding the Justice Department's handling of investigations into Catholic and pro-life groups.

"Do you agree that traditional Catholics are violent extremists, yes or no?" Van Drew asked after listing a series of incidents of alleged anti-Catholic or anti-Christian bias.

"I would be happy to answer all of those," Garland began before being cut off.

PURPORTED FBI DOCUMENT SUGGESTS AGENCY MAY BE TARGETING CATHOLICS WHO ATTEND LATIN MASS

"Attorney General, I control the time. I'm gonna ask you to answer the questions I ask," Van Drew said.

"You control time by asking me a substantial number of things?" Garland scoffed.

BIDEN ADMIN HIRES SCAR TO MONITOR SCHOOL BOOK BAN: ‘THREAT’ TO STUDENTS

"Attorney General, though the chair, I ask you do you agree that traditional Catholics are violent extremists?" Van Drew repeated.

"I have no idea what ‘traditional’ means here," Garland said before becoming animated. "The idea that someone with my family background would discriminate against any religion is so outrageous – so absurd that you would ask me that question."

Garland comes from a family of Jewish immigrants who fled antisemitism in Eastern Europe in the early 20th century.

"It was your FBI that did this. It was your FBI that was sending – and we have the memos, we have the emails – undercover agents into Catholic churches," Van Drew asserted.

GOP REP. CALLS FOR MERRICK GARLAND'S IMPEACHMENT OVER ROLE IN BIDEN'S ‘COVERUP’: HE'S THE ‘HEAD OF THE SNAKE’

"Both I and the director of the FBI have said that we were appalled by that memo," Garland said.

The pair then spoke over each other for an extended period, with Van Drew repeatedly asking, "Are they extremists or not, attorney general?"

"Catholics are not extremists, no," Garland ultimately said in a frustrated tone.

Garland went on to say that parents attending school board meetings should "of course" not be considered a domestic terror threat, as they had apparently been categorized in a past memo.

The heated exchange arose from an internal FBI memo that leaked to the public earlier this year. The memo suggested there may be a public threat posed by Catholics who attend Latin Mass, express a preference for pre-Vatican II teachings, or endorse Catholic doctrine on sex and marriage.

Garland had several tense exchanges with lawmakers during his testimony before the Judiciary Committee. Chairman Jim Jordan, R-Ohio, grilled the Biden appointee over the DOJ's handling of the investigation into Hunter Biden's dealings with Burisma in Ukraine.

The hearing focused on GOP allegations of bias by Biden's DOJ, allegations that Garland fervently denied.

AG Garland slaps down 2 tiers of justice narrative in opening statement ahead of House testimony

Attorney General Merrick Garland will target the narrative that Democrats benefit from a two-tiered justice system in his opening statement before the House Judiciary Committee on Wednesday.

Republicans across the country have pointed to Hunter Biden's case as a prime example of such a system, contrasting his treatment with that of former President Trump. Excerpts of Garland's planned remarks obtained by Fox News Digital show the Biden appointee will reject allegations of bias, as well as go on to chide unnamed figures for "singling out" career officials for public criticism.

"Our job is to uphold the rule of law. That means that we apply the same laws to everyone. There is not one set of laws for the powerful and another for the powerless; one for the rich, another for the poor; one for Democrats, another for Republicans; or different rules, depending upon one’s race or ethnicity or religion," Garland plans to say.

"Our job is to pursue justice, without fear or favor. Our job is not to do what is politically convenient. Our job is not to take orders from the president, from Congress, or from anyone else, about who or what to criminally investigate. As the President himself has said, and I reaffirm here today: I am not the President’s lawyer. I will also add that I am not Congress’s prosecutor," the remarks continue.

BIDEN CLAIMS HE WAS ‘RAISED’ IN SYNAGOGUES, ADDING TO EVER-GROWING LIST OF EXAGGERATED BACKGROUND CLAIMS

"The Justice Department works for the American people. Our job is to follow the facts and the law, wherever they lead. And that is what we do. All of us at the Justice Department recognize that with this work comes public scrutiny, criticism, and legitimate oversight. These are appropriate and important given the gravity of the matters before the Department. But singling out individual career public servants who are just doing their jobs is dangerous – particularly at a time of increased threats to the safety of public servants and their families. We will not be intimidated. We will do our jobs free from outside interference. And we will not back down from defending our democracy," he plans to say.

GOP REP. CALLS FOR MERRICK GARLAND'S IMPEACHMENT OVER ROLE IN BIDEN'S ‘COVERUP’: HE'S THE ‘HEAD OF THE SNAKE’

At Wednesday's hearing, led by committee chairman Rep. Jim Jordan, R-Ohio, members plan to examine how the Justice Department became "politicized and weaponized under the leadership of Attorney General Merrick Garland."

The committee has been investigating the alleged politicization of the DOJ throughout the Biden administration. Most recently, IRS whistleblowers came to Congress to testify that prosecutorial decisions made throughout the yearslong federal investigation into Hunter Biden have been influenced by politics.

BIDEN ADMIN HIRES SCAR TO MONITOR SCHOOL BOOK BAN: ‘THREAT’ TO STUDENTS

However, Democrats have complained that Republicans are stealing the "two-tiered" terminology from the civil rights movement.

"Since January 6th, these Republicans and Trump have complained about a two-tier justice system, co-opting the language of the decades-long civil rights movement for Black lives and Black freedom," Rep. Maxwell Frost, D-Fla., said in a July hearing.

"There is a two-tier justice system, but it’s not about Democrats versus Republican," Frost continued. "This language, two-tier justice system, has a real history. It has a real history of Emmitt Till. It has a real history with Breonna Taylor. It has a real history with George Floyd, the Central Park Five."

Garland is scheduled to testify Wednesday morning at 10 a.m. ET.

Fox News' Brooke Singman contributed to this report.

Former long-serving House Republican sentenced to 22 months in prison for insider trading

A former Republican lawmaker was sentenced to 22 months in prison for insider trading on Tuesday.

Stephen Buyer, 64, who served as a U.S. representative from Indiana from 1993 to 2011, was convicted earlier this year for operating off insider information after leaving office. In addition to incarceration, Buyer was ordered to forfeit the $354,027 he had gained with the trades in addition to a $10,000 fine.

Buyer's conviction arose from his purchase of stocks in Navigant, a management company that one of Buyer's clients, Guidehouse, was set to purchase weeks later. He also purchased shares of Sprint after learning of the company's non-public plans to merge with T-Mobile.

"Stephen Buyer was convicted by a jury of twice engaging in insider trading. He abused positions of trust for illicit personal gain, and today he faced justice for those acts. No insider trader is above the law, and we will continue to bring those who undermine the fairness and integrity of our markets to justice," U.S. Attorney Damian Williams said in a statement Tuesday.

INDIANAPOLIS HAIRDRESSER REPORTEDLY KILLED IN MURDER-SUICIDE BY ‘JEALOUS’ EX-BOYFRIEND

Buyer,64, is scheduled to report to prison on November 28.

INDIANA MAN GETS 41 YEARS FOR VAN CRASH THAT KILLED 6-YEAR-OLD

U.S. District Judge Richard Berman also accused Buyer of obstruction of justice for providing false explanations for his trades to the court.

Buyer, a lawyer and Persian Gulf War veteran once chaired the House Veterans’ Affairs committee and was a House prosecutor at then-President Bill Clinton’s 1998 impeachment trial.

Buyer's lawyers had urged Berman to limit his sentence to home confinement and community service.

Prior to sentencing, the defense told the court that Buyer, who once made as much as $2.2 million in a year, has suffered so much from the cost of litigation that he and his wife have sold most of their assets, including their home, condo and two cars, and his wife will have to return to the workforce at age 65.

Prosecutors had previously pushed for Buyer to pay an additional $1.4 million to cover the cost of legal fees for both sides, but the judge ruled against it.

The Associated Press contributed to this report.

Garland document touts DOJ’s work ahead of House testimony on department oversight

Attorney General Merrick Garland is expected to outline the work of the Justice Department during testimony before the House Judiciary Committee Wednesday, according to a document obtained by Fox News Digital.

Garland shared the document with committee lawmakers ahead of the 10:00 a.m. Wednesday hearing looking into how the DOJ has become "politicized and weaponized" under his leadership.

However, it made no mention of the allegations against the DOJ concerning its handling of the investigation into Hunter Biden, and it being influenced by politics. The attorney general is expected to face tough questions from Republicans on the committee pertaining to the investigation.

GOP REP. CALLS FOR MERRICK GARLAND'S IMPEACHMENT OVER ROLE IN BIDEN'S ‘COVERUP’: HE'S THE ‘HEAD OF THE SNAKE’

"When I began my tenure as Attorney General, I said it would be my mission to reaffirm the norms that have guided the Justice Department’s work for over 40 years. Since then, the Justice Department has reinforced and, where appropriate, updated and strengthened policies that are foundational for longstanding Departmental norms," the document said.

"Those policies are intended to protect the independence of the Department from partisan influence in law enforcement investigations; to strictly regulate communications with the White House; to establish guidelines for Federal Bureau of Investigation (FBI) investigations and for the use of compulsory process in investigations that could involve members of the press; to ensure respect for the professionalism of the Department’s lawyers, agents, and staff; and to set out principles to guide the exercise of prosecutorial discretion," it added.

The document goes on to tout the work he says the DOJ has done to protect democracy and the public, build trust with law enforcement and crack down on various types of crime.

BIDEN CLAIMS HE WAS ‘RAISED’ IN SYNAGOGUES, ADDING TO EVER-GROWING LIST OF EXAGGERATED BACKGROUND CLAIMS

The committee, led by Chairman Jim Jordan, R-Ohio, titled the hearing, "Oversight of the U.S. Department of Justice," and "will use it to examine how the Justice Department has become politicized and weaponized under the leadership of Attorney General Merrick Garland."

The committee has been investigating the alleged politicization of the DOJ throughout the Biden administration. Most recently, IRS whistleblowers came to Congress to testify that prosecutorial decisions made throughout the years-long federal investigation into Hunter Biden have been influenced by politics.

BIDEN ADMIN HIRES SCAR TO MONITOR SCHOOL BOOK BAN: ‘THREAT’ TO STUDENTS

Those whistleblowers claimed David Weiss, who served as U.S. attorney for Delaware and led the investigation, requested special counsel authority and charging authority but was denied by the main DOJ.