GOP plans to grind Senate to a halt if Democrats table Mayorkas impeachment trial

EXCLUSIVE: Republican senators are gearing up to prevent all legislative business in the Senate from going forward if they don't get a full trial into the articles of impeachment against Homeland Security Secretary Alejandro Mayorkas. 

Five sources told Fox News Digital that roughly a dozen GOP senators have been planning for more than a week to obstruct legislative proceedings and regular business in the Senate if, at a minimum, points of order are not agreed to in the impeachment trial of Mayorkas when the House impeachment managers deliver the articles to Senate Majority Leader Chuck Schumer, D-N.Y.

"The Senate runs on unanimous consent," a Senate Republican aide familiar with the talks told Fox News Digital. "Any one senator can do that."

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The aide revealed that the conversation has been ongoing since last week. 

A second Senate Republican aide also confirmed that several senators are voicing support for slowing or even stopping legislative business if impeachment is tabled. 

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Schumer's office did not immediately provide comment to Fox News Digital. 

A top Senate Republican source shared that this type of holdup is always possible in the upper chamber, noting that one senator can choose to object at any time. However, they said a halt of this nature was going to be more likely if the articles were delivered this week. 

House Speaker Mike Johnson, R-La., decided to wait until next week to deliver the articles to the Senate after facing pressure from GOP senators who did not want the impeachment trial to take place ahead of a weekend when most of the body would be preparing to fly back to their states. 

But, the source noted, if Schumer and the Democrats seek to table the impeachment trial next week, there would be nothing stopping Republican senators from objecting to basic procedural measures. 

The entire conference's appetite for such acts of protest isn't clear. 

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A source familiar with a Republican Senate lunch at the National Republican Senatorial Committee on Tuesday told Fox News Digital the discussion also took place there. It had the support of numerous senators, the source said, and no one dismissed the idea. 

The Senate Republican aide gave examples of what such a Senate standstill would look like, pointing to motions to adjourn, recess and proceed to executive business, as well as objections to regular business such as wrapups, forcing the Senate to go through lengthy procedural actions such as reading from the journal and recapping the previous day's business. The senators could also object to various requests to move forward on items with unanimous consent, including legislation, schedule items and adjourning. 

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The plan from conservative Republicans would be meant as a mechanism to bring Schumer and Democrats to the negotiating table on the Mayorkas impeachment trial. 

The White House Counsel's office did not immediately provide comment to Fox News Digital. 

DHS referred Fox News Digital to a previous statement following the House's passage of the impeachment articles.  

"Without a shred of evidence or legitimate Constitutional grounds, and despite bipartisan opposition, House Republicans have falsely smeared a dedicated public servant who has spent more than 20 years enforcing our laws and serving our country. Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe," DHS spokesperson Mia Ehrenberg said at the time. 

Republican senator slams ‘unserious’ efforts by Congress to hold Biden, COVID authorities accountable

Sen. Ron Johnson, R-Wisc., lambasted Congress on Tuesday for "out of control" federal spending and "unserious" efforts to hold the government accountable.

Johnson, the ranking member on the Permanent Subcommittee on Investigations, spoke at the Heritage Foundation's "Weaponization of U.S. Government Symposium" in the morning, where he discussed his investigations into the COVID-19 pandemic response and great difficulty conducting oversight of the Biden administration. 

The problem with Congress, Johnson argued, is that members have voted to grow the government without conducting proper oversight of waste, fraud and abuse. He observed that federal spending is on track to be $6.9 trillion this year while the budget for his investigative committee was cut.  

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"I got my funding cut when I became ranking member, okay. Do you know how many staff members we have to do oversight over millions of government employees? We've got five. That's how unserious Congress is about oversight," Johnson complained.

The Wisconsin Republican has led the charge in the Senate to investigate the origins of COVID. He has also accused the Centers for Disease Control and Prevention (CDC) of coordinating with social media companies to censor COVID vaccine skeptics — although critics have accused Johnson of peddling anti-vaccine misinformation. Johnson is also a leading Senate Republican probing corruption allegations surrounding President Biden's involvement with his son Hunter Biden's business dealings. 

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But on Tuesday, Johnson warned that the federal government has grown "out of control" to the point where Congress cannot perform oversight and accountability.  

"Administrations, both Republican, Democrat, give us the middle finger," Johnson said. "They don't respond. Yeah, so they are completely unaccountable to the American public through your elected representatives. And that's been going on for decades. So they are completely immune from oversight investigation." 

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Republicans involved with the Hunter Biden investigation have claimed the White House is stonewalling investigators by withholding evidence and preventing Justice Department witnesses from testifying. Hardline conservatives have advocated for Congress to use the power of the purse to leverage the Biden administration into cooperation by withholding agency funding — but most lawmakers are opposed to that strategy, which would likely result in a partial government shutdown.

Johnson said that his colleagues are "not really contemplating all this government they're voting for, all this spending." 

"Again, to me, the problem is a massive federal government that has gone so far outside the constraints of the Constitution. Government is doing things that our Founding Fathers never contemplated," Johnson said. 

GOP senators convince Speaker Johnson to delay Mayorkas impeachment article delivery

Republican senators were able to convince House Speaker Mike Johnson, R-La., to delay the delivery of two impeachment articles against Homeland Security Secretary Alejandro Mayorkas, citing concerns that Senate Democrats will look to quickly dismiss them once a trial begins in the upper chamber. 

"To ensure the Senate has adequate time to perform its constitutional duty, the House will transmit the articles of impeachment to the Senate next week. There is no reason whatsoever for the Senate to abdicate its responsibility to hold an impeachment trial," a spokesperson for Johnson told Fox News Digital on Tuesday. 

At least 10 Republican senators said they were actively pressuring the speaker to delay delivering the articles in order to prevent Senate Majority Leader Chuck Schumer, D-N.Y., and the Democratic caucus from tabling the trial ahead of the weekend and sending senators home shortly after, a source familiar with the situation told Fox News Digital.

Schumer told senators in a dear colleague letter last week that proceedings would begin Thursday per procedure once the articles are delivered on Wednesday as expected. Johnson had indicated the delivery date in a letter previously sent to Schumer. 

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The GOP senators discussed their attempts to persuade Johnson during a lunch held at the National Republican Senatorial Committee's headquarters on Tuesday, the source said. Two of the senators actively working to convince the speaker to hold off on delivery are Sens. Mike Lee, R-Utah, and Ron Johnson, R-Wis., their offices confirmed. 

The benefit of a delay for the Republicans, according to the source, is allowing the articles of impeachment against Mayorkas more time for debate without the pressure of the approaching weekend. 

"We have a chance to talk about the issue," Sen. John Kennedy, R-La., explained the delay's effect. 

"Thursday afternoon senators rush to the airport and fly to get out of here. Schumer wants it on a Thursday afternoon because he wants no coverage," Sen. Ted Cruz, R-Texas, added at a Tuesday GOP press conference on the status of the impeachment trial. 

House Homeland Security Committee Chairman Mark Green, R-Tenn., the lead impeachment manager, emerged from Johnson’s office moments after the announcement and told reporters, "We were ready to go tomorrow."

Green said he had not heard from Senate Republicans regarding the delay, but that he would support House GOP leaders’ decision.

He would not say if he spoke with Johnson before the delay was made public, telling Fox News Digital, "We had a phone conversation, the contents of which will remain between the speaker and I."

Another impeachment manager, Rep. Andy Biggs, R-Ariz., told Fox News Digital he was not surprised by the news because he had been in contact with some of the Senate Republicans pushing for the delay. He said, "I had been talking with some of my Republican friends in the Senate. And so I was not really surprised."

At the Tuesday lunch, GOP senators also discussed their hope to turn up the pressure on their Democratic colleagues, the source added, with numerous senators offering their approval of a plan to halt all legislative business if Democrats tabled the Mayorkas trial. This would include Republicans refusing to provide a quorum or vote, among other measures.

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GOP senators have reiterated that tabling the trial would be "historic" as such an event hadn't occurred without the impeached official having left office first. 

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"This is our job," Sen. Eric Schmitt, R-Mo., stressed during the press conference Tuesday.

Several Senate Republicans slammed Schumer over their expectation that he would look to quickly off ramp the trial. However, Schumer has not suggested what Democrats will do. 

Democratic senators have previously indicated to Fox News Digital that they believe their caucus will seek such a strategic procedural maneuver. 

"They are nuking a provision of the Constitution," Lee said during a Republican press conference on Tuesday. 

The Utah Republican additionally told reporters, "I’m grateful to Speaker Johnson for his bold willingness to delay this."

"He does not want Senate Democrats, especially those on the ballot in November, to vote guilty or not guilty," Cruz said. 

Schumer did not provide comment to Fox News Digital. 

The Hitchhiker’s Guide to Mayorkas’s impeachment trial

We’ve seen impeachment trials a lot on Capitol Hill in recent years. The Senate conducted two impeachment trials of former President Trump in early 2020 and early 2021.

But no living American has ever witnessed the impeachment trial which is about to begin in the United States Senate.

Blink and you might miss it.

The House impeached Homeland Security Secretary Alejandro Mayorkas in February. The House accuses Mayorkas of not following the law when it comes to securing the border and lying to Congress. Mayorkas became only the second cabinet secretary ever impeached. The first was Secretary of War William Belknap in 1876. Senate Majority Leader Chuck Schumer, D-N.Y., hasn’t tipped his hand yet on how he’ll handle the articles, but Schumer is expected to move to dismiss or table the articles. The Senate must vote to do that. If all 51 senators who caucus with the Democrats vote to punt, they can extinguish the trial quickly.

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But don’t expect Republicans to go quietly.

House Speaker Mike Johnson, R-La., says the Senate is obligated to conduct a full trial of Mayorkas and render judgment. Sen. Mike Lee, R-Utah, and other Republicans may try to elongate the trial. They argue that senators have a constitutional obligation to listen to arguments for and against impeachment. So expect them to make points of order – possibly forcing the Senate to vote – to consider the articles. However, Senate Democrats can euthanize each of those points of order – if they stick together and table each of the GOP motions.

Still, the trial might not last long. But here’s the minimum which must unfold on the Senate floor over the coming days.

Expect the following:

The House voted to impeach Mayorkas by a solitary vote in February. The House failed in its first effort to impeach after Rep. Al Green, D-Tex., materialized unexpectedly (directly from the hospital) and foiled the GOP’s plans. After a second vote to impeach, the House then appointed 11 impeachment "managers." They serve as de facto "prosecutors," presenting the House’s case to the Senate. House Homeland Security Committee Chairman Mark Green, R-Tenn., serves as the lead impeachment manager. All 100 senators will sit as "jurors" when the trial begins. Mayorkas does not appear at the trial nor is he required to attend.

On Wednesday, House Sergeant at Arms Bill McFarland and Acting Clerk of the House Kevin McCumber will escort the managers and the articles of impeachment themselves from the House, across the Capitol Rotunda, to the Senate wing of the Capitol. That’s where the Senate will "receive" the articles of impeachment. Senate Sergeant at Arms Karen Gibson will greet the House entourage in the Senate wing of the Capitol and escort everyone to the Senate chamber.

All 100 senators will await the coterie from the House. Sen. Patty Murray, D-Wash., is the President Pro Tempore of the Senate – the most senior member of the majority party. She will preside over the impeachment trial – not Chief Justice of the United States John Roberts. The Chief Justice typically only presides over impeachment trials involving the President or Vice President. Roberts was in charge for former President Trump’s first trial in 2020. But then-Sen. Patrick Leahy, D-Vt., presided over the second impeachment trial in 2021. Leahy was the Senate’s President Pro Tempore back then.

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The impeachment articles are then read to the Senate.

It’s possible Lee and company could try to offer their motions then. But Murray could rule him out of order. The Senate hasn’t even sworn-in senators yet to adjudicate the trial. Moreover, the Senate could find itself either in legislative session (working on a bill) or executive session (working on a nomination) when the Senate stops its action to receive the articles. Therefore, motions by senators pertaining to the trial aren’t applicable at that moment.

Under Senate impeachment rules, things really get started the next day at 1 pm ET. That’s when the Senate swears in the senators. Gibson will announce that everyone should remain quiet "on pain of imprisonment." At that point, we are technically "in trial." Thus, motions are in order. In the past, the Senate could consider a resolution to establish parameters for how to handle the trial. Schumer could possibly move immediately to dismiss or table the articles. Or Lee and company could make their motions as well.

But here’s the problem for Republicans:

Schumer is the Senate Majority Leader. As Majority Leader, Schumer is recognized first by Murray, the presiding officer. Schumer could potentially short-circuit anything Republicans want to do by jumping ahead and making a motion to table or dismiss. The Senate would then vote on whether to halt proceedings right there. Republicans may never get a shot.

It is important to note that senators don’t "debate" during an impeachment trial. However, they could agree to debate in closed session – not out in the open.

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However, a vote to dismiss the articles – or on anything Republicans cook up – carries political consequences for Democrats facing competitive re-election bids this fall. Think Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Mich., Tammy Baldwin, D-Wisc., and Jacky Rosen, D-Nev. Republicans will likely weaponize any roll call vote Democrats to truncate the impeachment trial. Republicans will try to portray these vulnerable Democrats as not taking the border or the charges leveled at Mayorkas seriously.

In short, the trial is likely to be short. Not the impeachment trials of former President Trump. The Senate spread out the first one over a period of 19 days. The second one consumed five days.

In fact, the model for a quick dismissal is an impeachment you probably haven’t heard of: Former federal judge Samuel Kent in 2009.

The House impeached Kent in June 2009. But Kent stepped down before the Senate trial began. The House then adopted a resolution to halt its "prosecution" of Kent. The Senate then voted to dispense with the articles before conducting a trial.

So Kent’s circumstances are not exactly what will go down with Mayorkas. But Kent’s scenario of a quick dismissal is closer to what could unfold in the next few days compared to the more robust trials of former President Trump.

Biden-appointed judge torches DOJ for defying subpoenas after prosecuting Trump advisor

A President Biden-appointed judge slammed the Justice Department’s apparent hypocrisy on Friday for allowing attorneys involved in the Biden family investigation to defy subpoenas — even though former Trump advisor Peter Navarro is sitting in prison for doing the same thing.

District Judge Ana Reyes ripped the DOJ at a status conference for not letting DOJ lawyers Mark Daly and Jack Morgan provide testimony as part of the House Judiciary Committee's investigation into the Biden family and the impeachment inquiry into the president. 

"There’s a person in jail right now because you all brought a criminal lawsuit against him because he did not appear for a House subpoena," Reyes said during a hearing on the Judiciary Committee’s lawsuit, according to Politico, seemingly referring to Navarro. 

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Navarro was sent to prison in March for four months, charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the January 6, 2021, attack on the U.S. Capitol. Navarro said he could not cooperate with the committee investigating the Jan. 6 attack because Trump had invoked executive privilege, an argument that lower courts have rejected.

Former White House adviser Steve Bannon also received a four-month sentence for similar contempt of Congress charges but was allowed to stay free pending appeal.

"I think it’s quite rich you guys pursue criminal investigations and put people in jail for not showing up," but then direct current executive branch employees to take the same approach, Reyes blasted. "You all are making a bunch of arguments that you would never accept from any other litigant."

"And now you guys are flouting those subpoenas. . . . And you don’t have to show up?" Reyes continued. 

She said that the DOJ’s position would delight defense attorneys up and down the country.

"I imagine that there are hundreds, if not thousands of defense attorneys . . . who would be happy to hear that DOJ’s position is, if you don’t agree with a subpoena, if you believe it’s unconstitutional or unlawful, you can unilaterally not show up," Reyes said. 

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Daly and Morgan, two attorneys with the Justice Department’s tax division, were subpoenaed for their "firsthand knowledge of the irregularities in DOJ’s investigation that appear to have benefited Hunter Biden," according to Courthouse News Service. 

The committee says the pair were members of a team that recommended what charges to bring against Hunter Biden for suspected tax crimes in 2014 and 2015 when he served on the board of Ukrainian company Burisma. 

That team initially agreed Hunter Biden should be charged but then reversed course and suggested he should not be charged.

Following the reversal, the Justice Department allowed the statute of limitations for those charges to lapse. The committee argues looking into this timeline is crucial to its investigation.  

Justice Department attorney James Gilligan tried to argue that the decision to defy the subpoena came after lengthy deliberations "at a high level."

He also argued that Daly and Morgan are current government employees, whereas Navarro and Bannon were no longer part of the government when their testimony was demanded, but Reyes seemed unimpressed by that reasoning. 

But her criticism wasn’t all directed at Biden’s DOJ.

Reyes scoffed at a Trump-era Office of Legal Counsel opinion contending that executive branch employees could defy such subpoenas if Justice Department lawyers were not allowed to be present.

She was also astonished that Gilligan wouldn't commit to instructing Daly and Morgan to testify if the committee were to drop its insistence that government counsel not be in the room for their depositions.

"I cannot answer that now," he said. To which Reyes responded, "Are you kidding me?"

Fox News’ Anders Hagstrom contributed to this report.  

Biden rolls out new endorsements for controversial judicial nominee as Dem support dwindles

The White House is moving forward with its campaign to confirm judicial nominee Adeel Mangi and pushing back on claims that he is antisemitic or against law enforcement, despite several Democratic senators expressing concern over the nominee's organizational ties and casting doubt on his chances of garnering enough votes. 

According to a White House official, Biden's team is keeping the pressure on senators to confirm Mangi, who is nominated to serve on the 3rd U.S. Circuit Court of Appeals, dismissing attacks on him as false. The official said those focused on lobbying senators to support the nominee are White House chief of staff Jeff Zients, White House Director of Legislative Affairs Shuwanza Goff, Deputy Assistant to the President and Deputy Director of the Office of Legislative Affairs Ali Nouri, White House Counsel Ed Siskel, and White House senior counsel in charge of nominations Phil Brest.

Zients said in a statement to Fox News Digital, "Some Senate Republicans and their extreme allies are relentlessly smearing Adeel Mangi with baseless accusations that he is anti-police."

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"That could not be further from the truth and the close to a dozen law enforcement organizations that have endorsed him agree," he said, pointing to several new endorsements of Mangi by three former attorneys general in New Jersey, two former U.S. attorneys who served in the state, the International Law Enforcement Officers Association, the Italian American Police Society of New Jersey and the National Organization of Black Law Enforcement Executives. 

"The Senate must confirm Mr. Mangi without further delay," Zients said. 

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Chances of Mangi being confirmed have appeared grim in recent weeks as allegations of antisemitism have been spotlighted due to his previous role on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR). The center has sponsored events, including one on the 20th anniversary of the Sept. 11, 2001, terrorist attacks, with controversial speakers like Hatem Bazian, who in 2004 called for an "Intifada," according to video from an anti-war protest in San Francisco, and Sami Al-Arian, who in 2006 pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department. 

The CSRR has also hosted an event with Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad.

Mangi has also been accused of being against law enforcement because of his role as a current advisory board member for the Alliance of Families for Justice (AFJ). The alliance's founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died during the robbery of an armored truck. The robbery was carried out by Boudin's group, the Weather Underground Organization, which was recognized as a domestic terrorist organization by the FBI. 

Neither the CSRR nor AFJ provided comments to Fox News Digital. 

Sen. Ted Cruz, R-Texas, told Fox News Digital in a statement, "It is unsurprising that Mangi’s record has split Senate Democrats, and the White House should recognize their error, withdraw Mangi’s nomination, and instead nominate a candidate who can garner widespread bipartisan support."

Sen. Tom Cotton, R-Ark., said Mangi's "well-known ties to this extreme organization that supports terrorists and cop killers makes him wholly unqualified to serve as an appellate judge."

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Biden's White House has previously hit back at criticism of Mangi, calling it a "malicious and debunked smear campaign" prompted by the nominee's potential to become the first Muslim appellate judge. 

While Judiciary Republicans had already sounded alarm bells over Biden's pick last year after probing Mangi about his connections to the groups, Democratic senators appeared likely to fall in line behind the president's choice. 

However, after a recent report indicated Biden was being privately warned that Mangi may not have enough votes for confirmation, Sen. Catherine Cortez Masto, D-Nev., revealed she was one of the lawmakers to reach out to the White House with concerns. 

The senator previously confirmed her stance against the nominee to Fox News Digital, citing his connection to AFJ.

Several other Democratic senators recently refused to say whether they would support Mangi.

The office of Sen. Joe Manchin, D-W.Va., confirmed to Fox News Digital that he is also committed to voting against Biden's pick. 

Cortez Masto and Manchin were recently joined by Sen. Jacky Rosen, D-Nev., who said in a statement, "Given the concerns I’ve heard from law enforcement in Nevada, I am not planning to vote to confirm this nominee."

Patterson Belknap Webb & Tyler LLP, the law firm at which Mangi is a partner, did not provide comment to Fox News Digital. 

The loss of any Democratic support is a concern for Mangi's confirmation prospects, given the Senate's close 51-49 split in favor of the Democratic caucus.

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Sen. Lindsey Graham, R-S.C., called on Biden last week to withdraw the nomination, and now Republicans are reinforcing their campaign against Mangi's confirmation. 

"The White House can’t defend Adeel Mangi’s record. So, they’re launching personal attacks against anyone who notices the ties to cop-killers and antisemites that Mr. Mangi has forged of his own free will," Sen. John Kennedy, R-La., said in a statement. 

He added, "It’s not Islamophobic for senators to recognize" a nominee's failure to meet qualifications. 

"Now even his own Democrat party is rebelling against [Biden]," Sen. Josh Hawley, R-Mo., remarked in a statement, attributing it to the president's "push for radical, anti-Israel nominees."

On Thursday, the Senate Judiciary GOP revealed three additional law enforcement groups were opposing Biden's choice, bringing the total to 17. The Pennsylvania Fraternal Order of Police, Philadelphia Fraternal Order of Police Lodge 5 and Pennsylvania State Troopers Association penned a joint letter to Majority Leader Chuck Schumer, D-N.Y.; Minority Leader Mitch McConnell, R-Ky.; Judiciary Chairman Dick Durbin, D-Ill.; Ranking Member Graham; and Pennsylvania Sens. Bob Casey and John Fetterman, who are both Democrats. 

The court that Mangi has been nominated to serve on is located in Philadelphia. 

The Pennsylvania-based groups noted their letter is on behalf of over 40,000 members requesting that the Senate "reject the nomination" of Mangi, citing his AFJ affiliation. 

GOP Sen blasts Biden admin claiming abortion travel policy is essential to military readiness

FIRST ON FOX: Sen. Roger Wicker, R-Miss., the ranking member on the Senate Armed Services Committee, is questioning President Biden's Department of Defense over its abortion travel assistance policies that Secretary Lloyd Austin has previously said are important for force readiness. 

Wicker suggested that recently-revealed data casts doubt on the Biden administration's justifications for the policies. The Department of Defense has said the abortion travel policy is important for ensuring troop readiness.

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In a letter sent on Monday, the senator requested evidence from the Pentagon on how its abortion travel allowances are necessary for force readiness in the wake of Roe v. Wade's reversal, as Austin previously claimed.

In a development on Tuesday, the department announced new figures regarding the policy, soon after being asked for comment by Fox News Digital, and one day after Wicker's letter prompted it to explain new data he obtained through another Senate committee. 

According to Deputy Pentagon press secretary Sabrina Singh, the travel allowance policy was used 12 times from June-December of 2023. The allowances can be used for "non-covered" abortions, but are also approved for other procedures and treatments. The cost to the Pentagon was roughly $40,800, she said. 

While the department offers authorized allowances for travel and transportation assistance, this does not mean that all service members who travel to obtain abortions have requested or received such allowances. 

In his Monday letter, Wicker noted he received data "indirectly through a different Senate committee," which showed that the Army recorded "between August 2023 and December 31, 2023, three service members utilized the policy and claimed travel expenses totaling $2,097."

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The data on abortion policy usage and cost in 2023 was provided to another Senate committee by the Army, per Wicker's office. It was then forwarded to Wicker. 

"Still, with today’s news, the fact remains: This administration has recklessly politicized the military with this farce of a policy," said Wicker in a statement to Fox News Digital. "The Department even admitted today that those that use the policy may not have even used it for an abortion. The reality is that access to abortions is not a threat to readiness."

Wicker recalled Austin's past claim that the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, returning the issue of abortion to the states, "has impacted access to reproductive health care, with readiness, recruiting and retention implications for the force."

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In the letter, Wicker slammed the department for providing only "incomplete, evasive, or outright non-answers" when he prompted it on three separate occasions in 2023 for information to justify the abortion policy and how it affects force readiness. 

He noted that in response to his most recent letter in December, the department focused on fertilization services and avoided discussing the "provision of non-covered abortion services that end the lives of unborn babies."

Wicker further criticized the department's response for refusing to provide information on the usage of the policies and the amount of money that was being spent, prompting him to obtain the information elsewhere. He claimed the response, "is contradicted by the Army's data which clearly provided the number of service members who have claimed reimbursement of travel expenses using the policy." 

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"That number is essential to best capture the actual readiness impact on the force, if any," he explained in the Monday letter. 

Wicker additionally requested the department to provide up-to-date data, "in the same form the Army has provided," on usage of the policy since implementation. 

The senator had also requested "immediate delivery" of this data from the department, noting the other occasions on which it was not provided. 

AOC resurrects ‘Green New Deal’ moniker for public housing bill

Rep. Alexandria Ocasio-Cortez, D-N.Y., will resurrect her "Green New Deal" terminology with a new housing bill she plans to announce Thursday, according to Politico.

Ocasio-Cortez will announce the "Green New Deal for Housing" alongside Sen. Bernie Sanders I-Vt., who is sponsoring the legislation in the Senate. She says the bill will focus largely on public housing, arguing that private housing is no longer realistic for many Americans.

"For a long time, we could pass a tax incentive here or there and say, ‘Hey, we've got a great housing policy,’" Ocasio-Cortez told Politico. "And everyday people … were supportive because there was still that dream and that idea that ‘I'm going to be buying a home soon … that's within the horizon for me.’ Right now, we have an entire generation — that is ascending into becoming the most powerful electorate, the largest electorate — for which that is decades away."

The legislation's central change would be to repeal the Faircloth Amendment, which for decades has prevented the Department of Housing and Urban Development from funding new public housing.

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"No housing conversation is complete without a conversation around public housing," Ocasio-Cortez added. "We in the United States have lived under the scourge of the Faircloth amendment for decades, and that has helped precipitate — and contributed to — the housing crisis that we are living in today. A major part of our housing problem is a supply problem."

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The legislation comes several years after Ocasio-Cortez's first attempt at a "Green New Deal," which sought to reshape the conversation around clean energy use and emissions in the U.S. That bill was dead on arrival in Congress, as is likely to be the case with her latest effort.

President Biden's administration wished the effort well in a Thursday statement but shied away from endorsing the legislation.

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"As he laid out in his State of the Union address and again this week in Nevada, President Biden is laser focused on lowering housing costs for owners and renters alike," a White House spokesman told Politico when asked about the bill. "We welcome ideas from members of Congress to build on our strong agenda."

Ocasio-Cortez and Sanders are expected to announce the legislation at an event on Capitol Hill later Thursday.

Senate Democrats could spoil Biden’s Muslim judicial nominee over ‘deeply concerning’ ties

President Biden's chosen nominee for the 3rd Circuit Court of Appeals is in danger of failing to garner enough votes to be confirmed in the Senate after concerns rose over his affiliations with groups tied to criminal and alleged antisemitic figures.

Adeel Mangi is a partner at Patterson Belknap Webb & Tyler LLP and received his master of laws degree from Harvard Law School in 2000. The nomination would be a first for Biden. Mangi would be the only Muslim to serve on a federal appeals court if confirmed. 

However, Senate Republicans and Democrats have expressed concern over the nominee in recent days, putting his confirmation at risk. With a roughly evenly divided Senate, Mangi likely needs the support of every Democrat in the body, as well as all three independents. 

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Mangi has been affiliated with both the Center for Security, Race and Rights (CSRR) at Rutgers Law School and the Alliance of Families for Justice (AFJ), both of which have controversial records. 

The CSRR has hosted numerous speakers that the advocacy group Jewish Federation of Greater MetroWest NJ and watchdog group Judicial Crisis Network (JCN), among others, have accused of antisemitism. The speakers included associate professor Noura Erakat, who was advertised in 2020 to be participating in a panel alongside senior Hamas leader Ghazi Hamad. Many of the center's events that have been subject to public outcry have notably occurred after Hamas' Oct. 7 terrorist attack on Israel. 

The group has also welcomed speakers who have been accused by JCN and others of sympathizing with terrorists connected to the 9/11 terrorist attacks in New York City. 

Mangi served on the organization's advisory board from 2019 to 2023.

The AFJ also has ties that concern some lawmakers. One of its founding board members, Kathy Boudin, was affiliated with the FBI-designated domestic terrorist organization Weather Underground and pleaded guilty to murdering two police officers and a security guard in 1981 while robbing an armored truck. 

Mangi is listed as a current advisory board member for AFJ. 

"Mr. Mangi’s affiliation with the Alliance of Families for Justice is deeply concerning," Democratic Sen. Catherine Cortez Masto of Nevada said in a statement to Fox News Digital Wednesday. 

"This organization has sponsored a fellowship in the name of Kathy Boudin, a member of the domestic terrorist organization Weather Underground, and advocated for the release of individuals convicted of killing police officers. I cannot support this nominee." 

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Cortez Masto's potential defection could upend Biden's effort to confirm Mangi. The Nevada senator revealed Tuesday she was one of the Democrats who privately warned Biden about a lack of support for his nominee. A report had previously alleged several senators told the White House Mangi may not be able to earn enough votes for confirmation. 

A number of Democratic senators refused to say whether they would support Mangi's nomination, including Bob Casey, D-Pa., and Tammy Baldwin, D-Wis., who are both up for re-election in competitive matchups in November. 

"When there's a vote scheduled, we'll talk about it then," said Casey. 

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The Pennsylvania senator declined to address whether he had reservations about the nominee. 

"I give every nominee serious consideration," Baldwin said. "We're looking at it right now."

Sen. Ted Cruz, R-Texas, a member of the Senate Judiciary Committee, has already raised concerns over Mangi.

"It is becoming more and more clear every day that Mangi is not going to have the votes to get confirmed," Cruz told Fox News Digital. "And it was foolish for President Biden to nominate an individual who has a record of serving on the board of an organization that has rationalized and apologized for 9/11 and has welcomed radical terrorists to its programming."

The only question left, he said, is "how long the White House will let Mr. Mangi hang out on a limb."

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At the same time, many Democrats reiterated their plan to support Mangi when speaking to Fox News Digital Tuesday.

Sen. Sheldon Whitehouse, D-R.I., said he will vote to confirm Biden's nominee "as I did in committee."

"No worries," Sen. Tammy Duckworth, D-Ill., said of her support for Mangi. 

But with such a divided upper chamber, it may only require a few Democratic votes to prevent his confirmation, making the support of the rest of the caucus moot. 

Republican efforts to highlight Mangi's controversies came to a head Wednesday, when Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., called on Biden to withdraw his nomination. 

"It has been a long-standing position of mine to give great deference to executive appointments, particularly judicial appointments, for both parties," he said in a press release. "However, it is clear to me that concerns about this nomination are widespread, not just among Republicans in the Senate.

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"I urge President Biden to seriously listen to these concerns and withdraw Mr. Mangi’s nomination."

In a statement to Fox News Digital, the White House defended the president's choice for the court. 

"President Biden is proud to have nominated Adeel Mangi, whose extraordinary qualifications and integrity are gaining him new backing each day, including from the seventh law enforcement organization to endorse his confirmation, as well as retired circuit Judge Timothy Lewis, who was appointed by President George H.W. Bush," said White House spokesperson Andrew Bates. 

He claimed Mangi is "being targeted by a malicious and debunked smear campaign solely because he would make history as the first Muslim to serve as a federal appellate judge."

Bates further urged Senate Democrats to "side with the qualities that make America exceptional — which Mr. Mangi embodies — not the hateful forces trying to force America into the past."  

Fox News Digital has reached out to CSRR, AFJ and Patterson Belknap Webb & Tyler LLP, where Mangi is a partner, for comment.

Former Hunter Biden associates to testify publicly in next phase of impeachment inquiry

Former business associates of Hunter Biden are expected to testify publicly on Capitol Hill Wednesday as congressional Republicans begin the next phase of the impeachment inquiry against President Biden. 

House Oversight Committee Chairman James Comer is expected to open the hearing by explaining that throughout the impeachment inquiry, investigators have "found no credible evidence of the Bidens providing any work product" and has "identified no legitimate value or document or even one single hour of work that the Bidens have provided their business partners." 

"What is apparent, after over a year of investigation, is that the Bidens do not work in any traditional sense of the word. They do not work as consultants. Or lawyers. Or advisors. The Bidens don’t sell a product or a service or a set of skills," Comer will say, according to excerpts of his opening statement obtained by Fox News Digital. "The Bidens sell Joe Biden.

Comer will say that Joe Biden "has taken action after action to further his family’s plans to get rich."

"The scam is simple. The Biden family promises they can make a foreign partner’s problems go away by engaging the U.S. government," Comer will say. "It’s done over and over again. The Biden family promises Joe’s power, Joe Biden shows up, and millions of dollars come into the Bidens’ pockets." 

Comer will add: "Joe Biden is the Biden family’s closer."

Tony Bobulinski, a U.S. Navy veteran, will appear publicly for a joint hearing of the House Oversight and Judiciary committees Wednesday morning. 

Jason Galanis, who is serving a 14-year prison sentence, will also testify but will do so virtually from Federal Prison Camp, a minimum-security prison for male inmates in Montgomery, Alabama. 

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Democrats have invited Lev Parnas, a former associate of former Trump attorney Rudy Giuliani, to testify publicly as well. 

In announcing the hearing earlier this month, Comer invited Hunter Biden to testify publicly as well, per the first son’s repeated requests. Through his attorney Abbe Lowell, Hunter rejected the invitation. 

Lowell, in a letter to the committees, called the hearing a "carnival side show."

Comer also invited Hunter Biden’s former associate, Devon Archer. Archer is not expected to attend. 

Comer, though, has said he has "called Hunter Biden's bluff." 

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"Hunter Biden for months stated he wanted a public hearing, but now that one has been offered alongside his business associates that he worked with for years, he is refusing to come," Comer said. "During our deposition and interview phase of our investigation, Hunter Biden confirmed key evidence, including evidence that his father, President Joe Biden, lied to the American people about his family’s business dealings and, in fact, attended meetings, spoke on speakerphone and had coffee with his foreign business associates who collectively funneled millions to the Bidens." 

Comer had subpoenaed Hunter Biden for a deposition scheduled for early December, but the president's son defied that subpoena for a closed-door deposition, demanding a public hearing instead. Comer vowed to give Hunter Biden that public hearing after the committee had him for a deposition — like all other witnesses. 

"When you're investigating a family for this level of corruption you deserve the truth, the American people deserve the truth," Comer said. "We're giving Hunter Biden a venue to testify publicly." 

Hunter Biden appeared for his highly anticipated deposition last month before both the House Oversight and Judiciary committees and maintained that his father was never involved in and never benefited from his businesses. 

The committee also heard testimony from James Biden, the president’s younger brother, who testified the same. 

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Hunter Biden did admit, however, that he put his father on speakerphone with his business associates and invited him to drop by his business lunches. 

Archer testified before the House Oversight Committee last year that Hunter Biden put his father on speakerphone at least 20 times with business associates. 

Without Hunter and Archer, the hearing Wednesday will feature testimony from Bobulinski, who worked with Hunter Biden to create the joint venture SinoHawk Holdings with Chinese energy company CEFC. Bobulinski testified behind closed doors that he personally met with Joe Biden in 2017 for more than 45 minutes. 

Bobulinski also testified that Joe Biden "enabled" his son Hunter to sell access to the "most dangerous adversaries" of the U.S., including the Chinese Communist Party, Russia and others.  

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Galanis’ testimony will also focus on whether Joe Biden was involved in the businesses he worked on with Hunter Biden. 

Galanis, who was interviewed by congressional investigators in prison last month, testified that Joe Biden was considering joining the board of a joint venture created by Hunter Biden and his business associates with ties to the Chinese Communist Party after he left the vice presidency.

Galanis also said that the words "lean in" were "used often by Devon and Hunter in our business dealings as a term for access to Vice President Biden’s political influence."

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Galanis is serving a 14-year prison sentence after pleading guilty to securities fraud based on bonds issued by a company affiliated with a Native American tribe in South Dakota. The funds were reportedly supposed to be used for certain projects but were instead used for his personal finances. He was sentenced in 2017.

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Democrats have blasted what they call the "hopeless impeachment investigation," with the top Democrat on the Oversight Committee, Rep. Jamie Raskin, D-Md., telling Fox News Digital the inquiry "originated with a bunch of lies told by an indicted liar in close proximity to Russian agents." 

"So who better than Lev Parnas himself — Rudy Giuliani’s right-hand man on the original mission to smear Joe Biden — to tell the story of how this campaign of lies and slander works?" Raskin said. "Lev Parnas can debunk the bogus claims at the heart of the impeachment probe and, in the process, explain how the GOP ended up in this degraded and embarrassing place."