Biden border chief Mayorkas in hot seat over Jordanian nationals who tried to breach Quantico

FIRST ON FOX: Department of Homeland Security Secretary Alejandro Mayorkas is coming under scrutiny following news that two foreign nationals from Jordan attempted to breach the Quantico Marine Corps Base in Virginia while posing as delivery drivers. 

"Please explain how they came to the United States. Were they here illegally? Are either of them on any terrorist watchlist?" Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C., questioned Mayorkas in a letter, also requesting the current status of the individuals. 

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The two foreign nationals sought entry to Quantico earlier this month, presenting themselves in a box truck and identifying as delivery drivers. After being brought to a holding area, they attempted to move farther toward the Marine base. However, they were prevented from doing so by officers. 

UNUSED COVID-19 FUNDS WOULD BUILD BORDER WALL UNDER NEW SENATE BILL

The individuals were turned over to U.S. Immigration and Customs Enforcement (ICE) custody following the event.

Acting ICE Director Patrick Lechleitner previously told Fox News Digital that the foreign nationals were in removal proceedings. 

BIDEN ADMIN SKEWERED BY GOP FOR RULE DESIGNED TO ‘INTENTIONALLY HARM’ GUN INDUSTRY

Graham prompted Mayorkas for an immediate response, asking for information about the Jordanian nationals' "background and intent."

According to the ranking member, "This will allow us to make an informed decision about how to address the recurring threat posed to our national security by this kind of incident, which is not isolated."

REPUBLICANS UNITE TO BLOCK WHITE HOUSE AND SCHUMER BACKED 'FAKE BORDER BILL'

DHS did not provide comment to Fox News Digital. 

Republican lawmakers have increasingly sounded the alarm over the vulnerabilities at the U.S. southern border being a security threat, noting the number of nationals from all over the world entering illegally across it. Some have warned that a terrorist attack, similar to that of Sept. 11, 2001, could take place again due to relatively unfettered illegal migration occurring into the U.S.

The House of Representatives made history earlier this year, impeaching Mayorkas, making him only the second cabinet official to suffer that fate. 

However, the majority-Democratic Senate blocked an impeachment trial from moving forward, allowing the DHS secretary to avoid scrutiny. 

Vince Fong advances in special election runoff to replace ousted House Speaker Kevin McCarthy

Californians voted to advance Republican State Assemblyman Vince Fong during Tuesday's special election to replace former House Speaker Kevin McCarthy, who was ousted last year.

Fong, a former McCarthy aide endorsed by both McCarthy and former President Trump, faced off with Republican Tulare County Sheriff Mike Boudreaux at the polls on Tuesday. 

Because both candidates are Republicans, the GOP will hold 218 seats, compared to the Democrats' 213, factoring in four vacancies. In California's jungle primary system, the top two vote-getters advance to the general election.

Fong, who also earned the most votes in March's primary election, will serve out the rest of McCarthy's term until he battles against Boudreaux again in November in the general election.

TRUMP ENDORSES EX-KEVIN MCCARTHY AIDE VINCE FONG TO FILL VACANT SEAT AS HIS FORMER AIDES BACK FONG’S OPPONENT

Fong and Boudreaux advanced to Tuesday's runoff following a March special election where they emerged as the top two candidates, with neither getting more than 50% of the vote to trigger a victor. By November, voters in the district will have voted for either candidate a total of three times.

McCarthy resigned from the House in December, three months after he was voted out of the speakership. 

The district, which cuts through the Central Valley farm belt, including parts of Bakersfield and Fresno, is the most strongly Republican House seat in heavily Democratic California. Trump largely carried CA-20 in 2020 and McCarthy represented the district from 2007 until his resignation in late 2023. In February, Trump called Fong "a true Republican."

Among Boudreaux's supporters are Ric Grenell, former acting director of national intelligence under Trump, and Republican state Sen. Shannon Grove, from Fong's hometown of Bakersfield.

TULARE COUNTY SHERIFF MIKE BOUDREAUX ON THE CARTEL STYLE HIT THAT KILLED SIX PEOPLE

Trump's involvement in the race casts it as a litmus test for the former president's political relevance as he presumably gears up for a potential rematch against President Biden in November.

"I am proud to join California’s Republican Congressional Delegation, and give Vince Fong my Complete and Total Endorsement!" Trump wrote in a post on Truth Social. "Vince was one of only 6 Republicans in the State Assembly to stand with me, and reject the Second Impeachment Hoax. In Congress, Vince will work with me to Grow the Economy, Lower your Taxes, Cut Burdensome Regulations, Champion American Energy, and Protect and Defend the Second Amendment, which is under siege by the Radical Left."

HOUSE VOTES TO REMOVE KEVIN MCCARTHY AS SPEAKER IN HISTORIC FIRST

In October, the House of Representatives voted to oust McCarthy, the first time in history the top leader of the lower chamber was booted from the job. 

Fox News Digital's Danielle Wallace contributed to this report. 

Biden’s ‘privilege’ claims sound like arguments Trump officials made before getting thrown in jail: attorney

President Biden's assertion of executive privilege to prevent recordings of his interviews with special counsel Robert Hur from being released shares some similarities with former President Trump's attempts to use privilege while in the White House, according to one legal expert.

Though transcripts of Biden's interview with Hur have already been released to a committee, the White House asserted executive privilege to block the audio recordings from becoming public while arguing in lockstep with Attorney General Merrick Garland that "law enforcement files like these need to be protected."

"The same arguments were made during the Trump years as are being made now. It's just that the roles are reversed," former Assistant U.S. Attorney Andrew McCarthy told Fox News Digital

"For example, during the Mueller investigation, Trump made available Don McGahn, who was the White House counsel. They not only let Mueller interview McGahn at length, but McGahn took voluminous notes of his conversations with Trump, which they also turned over. And then Democrats wanted to subpoena McGahn to come to the House Judiciary Committee, and the Republicans fought it.

BIDEN'S PRIVILEGE CLAIM TO KEEP SPECIAL COUNSEL INTERVIEW UNDER WRAPS A 'CRUDE POLITICS' MOVE: EXPERTS

"What they said was giving information to an executive branch prosecutor doesn't waive the privilege as to Congress," he added. "The Democrats all said that this was an obstruction of justice, that it was outrageous, that he'd already waived the privilege by allowing McGhan to speak to the prosecutor."

Executive privilege has been around since the earliest days of the country and gives the executive branch the ability to withhold certain internal discussions and documents from scrutiny by the courts and the legislative branch. It allows the president some breathing room for his own deliberations with staff.

"The fact is that since the Republic started, presidents have been withholding information from Congress," McCarthy said.

Congress has a variety of tools it can use to pry information out of the executive branch, including by holding people in contempt. 

"Congress has a whole arsenal of stuff from the Constitution, powers that it can use to fight back and pry information out of the executive branch," McCarthy said. "You know, you can slash budgets or hold up appointments, and if it gets bad enough, you can start holding people in contempt. … The final option, obviously, is impeachment."

McCarthy warned, however, that if the president's party has enough influence in Congress, those efforts can be more challenging.

"If the president's party has enough sway in Congress that you can stop that arsenal from being used, then the whole thing is just a political calculation," he said. "Like for Biden here, it's how much worse would I be hurt by letting the tape come out or the recording come out than by stonewalling. It looks like the tape is so bad, he's decided that even though he's going to be damaged by stonewalling, that's better than letting the tape out."

McCarthy also highlighted how the media has reacted to Biden's assertion of executive privilege, saying they'll report on the matter in an attempt to preserve their integrity and then move on from it to "help Biden bury it."

"The usual problem that you always have here is that when Republican administrations stonewall, the media gets all whipped up about it, and when Democratic administrations stonewall, they feel like they have to cover it for a day or two so that they can say they covered it but then move on to another subject and help Biden bury it, or at least they'll try," he said.

Garland on Thursday defended Biden's decision to assert executive privilege, saying the subpoena for audio recordings "is one that would harm our ability in the future to successfully pursue sensitive investigations."

"There have been a series of unprecedented, frankly, unfounded attacks on the Justice Department. This request, this effort to use contempt as a method of obtaining our sensitive law enforcement files is just the most recent effort to threaten, defund our investigations, and the way in which there are contributions to an atmosphere that puts our agents and our prosecutors at risk," he added.

"It is the longstanding position of the executive branch held by administrations of both parties that an official who asserts the President’s claim of executive privilege cannot be prosecuted for criminal contempt of Congress," Associate Attorney General Carlos Uriarte wrote in a letter Thursday to GOP Reps. Jim Jordan and James Comer, chairmen of the Committee on the Judiciary and Committee on Oversight and Accountability, respectively.

That "longstanding position," however, was challenged following Trump's term in the White House and the Capitol protests Jan. 6, 2021. 

Two individuals who served in the Trump administration and raised executive privilege claims — former White House chief strategist Steve Bannon and former Trump adviser Peter Navarro – have been convicted of contempt of Congress and sentenced to serve jail time for their refusal to comply with subpoenas issued by the now-defunct House select committee investigating the Capitol protests.

TRUMP ALLY STEVE BANNON LOSES APPEAL ON CONTEMPT CONVICTION AS HE FIGHTS TO STAY OUT OF PRISON

Bannon, 70, was sentenced to four months in prison in October 2022 and a $6,500 fine for ignoring a congressional subpoena.

Bannon's appeal was denied last week after the U.S. Court of Appeals for the D.C. Circuit released a 20-page opinion that said granting Bannon's appeal would "hamstring Congress’s investigatory authority."

Bannon claimed he acted on the advice of his legal team and did not intend to break the law. Judge Bradley Garcia wrote the acting on "advice of counsel" defense is "no defense at all."

The ruling will be appealed, Bannon's attorney, David Schoen, told Fox News Digital last week.

Schoen noted that Bannon's attorney at the time he received the subpoena, Robert Costello, advised his client that he was not permitted, as a matter of law, in any way to respond to the notice, saying executive privilege had been raised and that it was not his privilege to waive it. Costello wrote the committee to inform it that Bannon would comply if the panel worked out any privilege issues with former President Trump or if a court ordered him to comply, Schoen said.

Similarly, Navarro, who reported to prison in Miami in March following an order from the U.S. Supreme Court, was charged and convicted with contempt of Congress after he refused to comply with a congressional subpoena demanding his testimony and documents relating to the events of Jan. 6.

Though Navarro is attempting to appeal his contempt of Congress conviction, the court refused to postpone his imprisonment until after the appeal is concluded.

Navarro claimed 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.

The lower courts found that Navarro could not actually prove Trump had invoked executive privilege.

Biden's decision to assert the privilege, according to White House press secretary Karine Jean-Pierre, came at the request of Garland. Jean-Pierre said it was Garland's suggestion that "law enforcement files like these need to be protected."

The House Judiciary Committee on Thursday advanced a resolution to hold Garland in contempt of Congress over the Justice Department’s failure to produce the subpoenaed audio recording of Biden’s interview with Hur. The vote advances the measure for a full floor vote.

Hur led the investigation into Biden's handling of classified documents after his departure as vice president under the Obama administration. Hur announced in February that he would not recommend criminal charges against Biden for possessing classified materials after his vice presidency, saying Biden is "a sympathetic, well-meaning, elderly man with a poor memory."

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Hur wrote in the report that "it would be difficult" to convince a jury to convict Biden of any willful crime, citing his advanced age. 

The findings sparked widespread outrage that Biden was effectively deemed too cognitively impaired to be charged with a crime but could serve as president. Trump has meanwhile slammed the disparity in charges as a reflection of a "sick and corrupt, two-tiered system of justice in our country."

Fox News' Chris Pandolfo, Elizabeth Elkind, Louis Casiano and Emma Colton contributed to this report.

Johnson faces uphill climb to win back GOP rebels before November; here’s what they want

Conservative critics of Speaker Mike Johnson’s leadership are warning that he has an uphill climb to winning back their support in time for House Republicans’ leadership elections at the end of this year.

"He's gonna have a tough time based on past history, because I would submit he's failed on just about everything other than initiating [the Homeland Security Secretary Alejandro Mayorkas] impeachment effort," House Freedom Caucus Chairman Bob Good, R-Va., told Fox News Digital.

Johnson was elected speaker in October in a strongly unanimous House GOP vote, with Republicans hungry for unity after three weeks of turmoil following ex-Speaker Kevin McCarthy’s ouster.

The Louisiana Republican now finds himself in a similar situation to his predecessor, with a small but vocal group of lawmakers on his right flank calling for his immediate removal, through a process known as motion to vacate, for working along bipartisan lines on critical legislation. The push is being made by Reps. Marjorie Taylor Greene, R-Ga.; Thomas Massie, R-Ky.; and Paul Gosar, R-Ariz.

TENSIONS ERUPT ON HOUSE FLOOR AS CONSERVATIVES CONFRONT JOHNSON ON $95B FOREIGN AID PLAN

The vast majority of House Republicans have refused to take up that fight again, but Republicans angry over what they see as Johnson’s failure to deliver on conservative priorities like border security and cutting federal spending signal he has miles of ground to recover before they back him a second time.

"Whoever wants to be in any leadership position for the Republican House of Representatives should we be blessed to be given the majority again, which is going to take a c--- ton of hard work between now and November, is going to have to demonstrate not only the policy direction they want to, but the track record and willingness to stand up and fight for it. And, so far, we have not delivered what we need to deliver," said Rep. Chip Roy, R-Texas.

'DEFINITION OF INSANITY': FRUSTRATED HOUSE REPUBLICANS BLAST GOP REBELS' THREAT TO OUST JOHNSON

Good was one of eight House Republicans who voted with Democrats to oust McCarthy last year. He distanced himself from calls to immediately remove Johnson last week, citing the much slimmer House majority Johnson is operating with. But Good suggested he wanted to see new leadership races in November after the election.

He told Fox News Digital Monday his support for Johnson would hinge on his handling of fiscal year 2025 appropriations, the deadline for which is Sept. 30.

"He could truly fight for Republican policy initiatives. He could truly fight to cut our spending. He could fight to ensure that we do not fund the government unless it reflects Republican priorities," Good said. "He has sort of one more big crack at the bat. I hope he'll take that opportunity."

Johnson and Congressional appropriators are headed into that fight with their hands relatively tied by the Fiscal Responsibility Act, the deal to raise the debt limit struck by McCarthy and President Biden last year, which also set certain terms on shaping fiscal year 2025 funding priorities.

A spokesperson for Johnson told Fox News Digital, "Speaker Johnson is committed to governing – not his political ambitions. He will continue to advance conservative priorities and demonstrate how we’ll grow our majority in November."

Party leadership races are normally held behind closed doors in the weeks after an election. If Republicans keep the House, Johnson would traditionally only need a majority vote there to then prevail as speaker on the House floor, with fellow Republicans expected to get in line even if they didn’t support him initially.

But the 15 rounds McCarthy went through last year, repeatedly blocked by GOP dissent, show that Johnson may need to guarantee unanimous support behind closed doors even if he manages to keep Republicans in power.

HOUSE REPUBLICANS BLAST 'CRY WOLF' CONSERVATIVES WHO TANKED FISA RENEWAL BILL

"Moving forward, I would ask Mike Johnson if being speaker is something he wants to continue. If he is, I would have an all inclusive list of issues where he would agree/not agree to actually make happen as speaker BEFORE I would commit," Rep. Ralph Norman, R-S.C., said via text message.

Norman and Good were two of the original McCarthy holdouts

"Based on his past performance, I doubt he would agree to take the hard negotiation stance that I would need to see. However, due to my respect that I have for Mike as a person, I would start with the questions as listed," Norman said.

Rep. Tim Burchett, R-Tenn., who voted to oust McCarthy in October, said he was "open to discussion" about supporting Johnson, but he needed to see "a clear plan for fiscal responsibility" and border security.

Roy, however, was less optimistic House Republicans would see wins in the end-of-year spending fight. 

"There will not be, in my opinion, under this leadership, and in this environment, at this time, the ability to move or ration bills before Election Day that are going to drive the policy that needs to be driven," the Texas Republican said.

Johnson's office did not respond to a request for comment.

Mike Johnson: The wartime Speaker battling on multiple fronts

"I regard myself as a wartime Speaker," declared House Speaker Mike Johnson, R-La.

Only, we’re not sure if Johnson was referring to the internecine war among Republicans over whether he should keep his job.

Many members wear pocket squares with their suits. But not Rep. Thomas Massie, R-Ky. He walks around with a self-made, diode "debt clock" tucked into the breast pocket of his jacket, tracking the skyrocketing debt. Massie’s ascending fiscal chronometer may have read more $34 trillion dollars this week. But the only number which mattered on Capitol Hill Tuesday morning was "two." As in two House members who were ready to oust Johnson from his job: Massie and Rep. Marjorie Taylor Greene, R-Ga. 

"The motion (to remove Johnson) will get called. And then he’s going to lose more votes than (former House Speaker) Kevin McCarthy, R-Calif., And I told him this in private, like two weeks ago," said Massie. 

GOP REBELS DERAIL SPEAKER JOHNSON’S BORDER BILL AMID FURY OVER FOREIGN AID

A reporter asked Massie about what that meant, not having a leader – again – for the second time in less than a year. 

"Some would say we’d be rudderless. But we have a rudder. We’re steering everything toward (Senate Majority Leader) Chuck Schumer, D-N.Y.," replied Massie. "There has not been a change. I mean, if the country likes Chuck Schumer, then they should like what Speaker Johnson’s accomplished in the House." 

There’s strength in numbers – even if the numbers are low. After all, it’s about the math. It matters even more in a House which is currently split at 218 Republicans to 213 Democrats. That meager Republican majority shrivels to 217-213 after Rep. Mike Gallagher, R-Wisc., quits. Gallagher was supposed to leave Friday. But Fox is told that the Wisconsin Republican will at least hang around until Saturday as the House tries to approve the international aid supplemental package for Israel, Ukraine and Taiwan. 

Greene beamed at the support from Massie for her effort to remove Johnson.

"It was significant," said Greene of Massie’s backing. "It also lets people know this is a lot more serious than people realized."

Greene echoed Massie, suggesting "there’ll be more" Republicans who might vote to remove Johnson "than were against Kevin McCarthy." 

Here’s the problem for Greene. She doesn’t have someone who could win a Speaker’s vote on the floor. That’s why the House burned 22 days on the calendar last October and thrashed through three nominees for Speaker before finally settling on Johnson. If the House approved a "motion to vacate the chair" (a "MTV," which removes the Speaker), there’s no telling how long it would take the get a successor this time.

"I don’t think that the threat is really real at this point, just because you don’t have an alternative," said Rep. Garret Graves, R-La., who was a top lieutenant to McCarthy. "We saw what happened last fall when this all went down. There’s not an alternative."

HOUSE TEES UP 17 BILLS RELATED TO IRAN/ISRAEL FOR THIS WEEK

Graves said a number of conservatives who were mad at Johnson "don’t think past step one. Which is why we have so many problems here right now." 

Graves asserted that the "painful scars" of the McCarthy debacle would be "a major disincentive for folks who actually pull the trigger on a motion to vacate."

There was significant blowback from conservatives after Johnson announced a four-pronged approach to grapple with the Middle East. Especially after the House plotted a course for the week of 17 bills dealing either with Israel or Iran. Johnson tailored his pitch on the foreign aid measure. He planned one bill for Israel. One for Ukraine. One for Taiwan. The final bill would include a plan to repossess Russian assets and grant some of the assistance to Ukraine as a "lease." That’s an option endorsed by former President Trump. But the sweetener to the fourth bill would be a measure to curb the use of TikTok in the U.S.

The House would then package the four bills together and send them to the Senate.

"It's got a chance of passing," said Rep. Warren Davidson, R-Ohio, Tuesday morning. But if you "MIRV" them together and pretend that they were really separate votes, but at the end of the day, it has the effect of being one vote. I mean, that's all smoke and mirrors."

Davidson characterized the TikTok provisions as "camouflage for defending America."

"‘MIRV’ them together?"

"MIRV" is a Capitol vocabulary term you’re going to hear about as the House tries to advance the four separate foreign aid bills - and then blend them into one for efficiency purposes before sending the package to the Senate.

SENATE VOTE ON MAYORKAS IMPEACHMENT REACHES 'UNPRECEDENTED TERRITORY': CHAD PERGRAM

It’s pronounced "merve." A "MIRV" is a vestige of the Cold War and missile counts between the United States and Soviet Union. It stands for "Multiple Independently-Targetable Re-Entry Vehicle." Each MIRV had multiple nuclear warheads or "MIRVs" attached. This was an issue of contention between the U.S. and U.S.S.R. Was a MIRV counted as one missile or four or five? 

The idea is that the House would vote on each individual bill - then blend them together as one for the Senate. 

A parliamentary MIRV!  

Hence why conservatives are upset about the plan by Johnson. It’s four bills. Or is it one? 

Johnson defended the MIRV maneuver.

"I’m concerned that Israel might not pass through the Senate right now if it’s not included in the package," said Johnson. "If you separate them, then none of our priorities will be reflected, I’m afraid."

Conservatives have also implored Johnson to attach border security to the plan. But that might not be feasible.

"We don’t have the votes. If you put Ukraine in any package, you can’t also do the border because I lose Republican votes on that rule. My friends don’t get it," replied Johnson. 

"Are they still your friends?" asked yours truly.

"They’re all my friends," said Johnson. "I love everybody in this building." 

Johnson made his decision on Monday against taking the streamlined Senate aid bill approved in February and instead traveled his own route. Initial information about the plan was scant. 

"What are they doing over there?" asked Senate Minority Leader Mitch McConnell, R-Ky., of your reporter on Monday night as we both exited the Capitol. 

The "what" was the House’s approach on an international aid package. But "over there" referred to the U.S. House of Representatives, that hostile, untamed, political wilderness which lies beyond the boundaries of the Capitol Rotunda.  

The Senate isn’t exactly a peaceful place. But considering the contretemps in the House, the Senate is practically Xanadu. Especially as Republicans skirmish with one another over foreign aid, leadership and a wartime Speaker.

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

House tees up 17 bills related to Iran/Israel for this week

FOX is told to expect a "robust foreign policy week" after this weekend’s events between Iran and Israel. 

The House is ditching its original plan for "appliance week" and putting 17 bills on the floor "to hammer" Iran or show support for Israel.

GOP GOV CLASHES WITH ABC'S STEPHANOPOULOS OVER TRUMP IN HEATED INTERVIEW

Eleven bills will be on the suspension calendar, meaning they require a 2/3 vote to pass. One of those bills would ratchet up sanctions on Iran

Six bills would head to the Rules Committee. Included in that batch is a bill to condemn Iran for the attack

What about aid for Israel?

WHITE HOUSE CASTS BLAME ON TRUMP AS BIDEN HIT OVER 'DON'T' FOREIGN POLICY

"That’s still being negotiated between the speaker and the White House," said a senior House Republican source. 

FOX is told it’s still possible aid to Israel is tied to assistance to Ukraine. 

Finally, FOX is told that the plan is to send the impeachment articles for Homeland Security Secretary Alejandro Mayorkas on Tuesday. But FOX is told that could change based on events in Israel. 

Supreme Court to debate ‘sleeper’ case that could affect Trump federal prosecution

It is the "sleeper" case that could upend the most closely watched criminal prosecution in the nation. And how the U.S. Supreme Court decides the fate of an obscure Capitol riot defendant will have immediate legal and political implications for the former and perhaps future president.    

The justices on Tuesday will hold oral arguments in the appeal of Joseph Fischer, one of more than 300 people charged by the Justice Department with "obstruction of an official proceeding" in the Jan. 6, 2021, insurrection in Washington.

That charge refers to the disruption of Congress’ certification of Joe Biden's 2020 presidential election victory over Donald Trump.

Special counsel Jack Smith has also brought an obstruction charge against Trump, which is among four counts the 2024 presumptive Republican presidential nominee faces. His trial in that case was slated to begin March 4, but the Supreme Court's decision to hear this case and a separate dispute over Trump's claim of presidential immunity has delayed proceedings indefinitely.

THE HITCHHIKER'S GUIDE TO MAYORKAS' IMPEACHMENT TRIAL

A federal judge earlier dismissed the obstruction offense against three Jan. 6 criminal defendants, ruling it did not cover their conduct on the Capitol grounds. Those defendants are onetime police patrolman Fischer, Garret Miller of the Dallas area and Edward Jacob Lang of New York’s Hudson Valley.

Fischer's appeal was the one the high court accepted for final review.

U.S. District Judge Carl Nichols, a 2019 Trump bench appointee, determined prosecutors stretched the law beyond its scope to inappropriately apply it in these cases, ruling a defendant must have taken "some action with respect to a document, record or other object" to obstruct an official proceeding under the law.

He concluded the statute in question focused on tampering with evidence and did not apply to those allegedly engaged in "assaultive conduct" like participating in a riot.

The Justice Department challenged that ruling, and a federal appeals court in Washington agreed with prosecutors that Nichols’ interpretation of the law was too limited.

"The vast majority of courts interpreting the statute have adopted the natural, broad reading" of the provision, the three-judge appellate panel wrote, "applying the statute to all forms of obstructive conduct that are not covered" specifically under that provision. 

Other defendants, including Trump, are separately challenging the use of the charge, but not as part of the current Supreme Court appeal.

The relevant statute — 18 U.S. Code Section 1512(c)(2) — of the Corporate Fraud Accountability Act, part of the Sarbanes-Oxley Act, states: "Whoever corruptly … obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both."

Congress passed the law in 2002 after the Enron financial and accounting scandal. Executives at the Texas-based energy company were charged with fraud, and the company eventually went bankrupt.

Judge Nichols in his ruling in the Miller case cited then-Sen. Biden, who referred to the new provision at the time as "making it a crime for document shredding."  

Both the government and Fischer, who was a North Cornwall Township Police officer in Pennsylvania at the time, offer contrasting accounts of his actions on Jan. 6, 2021.

His lawyers in their high court appeal say Fischer "was not part of the mob that forced the electoral certification to stop; he arrived at the Capitol grounds well after Congress recessed."

And while he admits entering the Capitol building and pushing his way through the crowd, Fischer claims he also helpfully returned a pair of lost handcuffs to a U.S. Capitol Police officer. After being pepper-sprayed by law enforcement, the defendant then says he left the complex just four minutes after entering.

But the Justice Department says Fischer "can be heard on the video yelling 'Charge!' before pushing through the crowd and entering the building. Once inside, petitioner ran toward a line of police officers with another rioter while yelling" a profanity.

And the government points to text messages he sent just before attending the "Stop the Steal" rally where President Trump spoke and the subsequent march to the Capitol.

"Take democratic congress to the gallows," he said in one post, and, "Can't vote if they can't breathe.. lol."

Fischer has pleaded not guilty to several charges, including disorderly and disruptive conduct; assaulting, resisting or impeding law enforcement officers; civil disorder; and the obstruction count. His trial is pending.

His legal team argues hindering or affecting an official proceeding is too ambiguous, as applied to Fischer's conduct on the Capitol grounds.

"That definition encompasses lobbying, advocacy, and protest, the very mechanisms that citizens employ to influence government. These are all forms of political speech that the First Amendment protects." 

But the government says Congress in enacting the statute meant it to be applied widely, to include "corruptly engaging in conduct to obstruct court, agency, and congressional proceedings."

MARJORIE TAYLOR GREENE'S RED LINE ON SPEAKER JOHNSON

"The proof in this case would show that on January 6, 2021, petitioner and other rioters corruptly sought to prevent Congress from counting the certified votes of the Electoral College in the joint session," said government lawyers.

Some legal scholars say the conservative high court may be wary of giving the government too much leeway.

"Prosecutors love obstruction statutes, and they love conspiracy statutes, because those statutes are so broad and can be applied in a variety of circumstances to encompass all sorts of conduct," said Thomas Dupree, a leading appellate attorney and former top Bush Justice Department official. 

"The Supreme Court is going to look at what was Congress trying to do when it criminalized these things? Did Congress really intend these laws to sweep so far? And can you take a statute that was enacted to address, for example, corporate crimes and apply it to what happened on Jan. 6?"

How a Supreme Court ruling in the Fischer case would affect Trump's separate prosecution for alleged election interference is unclear. If Fischer prevails, the former president could then ask the federal courts to formally dismiss his own obstruction charge.

That could prompt a new round of separate legal appeals that might go back to the Supreme Court for final review.  

Nine days after oral arguments in the Fischer case, the justices will hold a public session to debate whether Trump enjoys absolute immunity from prosecution for conduct in office when allegedly seeking to overturn the 2020 election results and certification.

That has paused Trump's criminal conspiracy and obstruction trial indefinitely.

The separate challenge over the obstruction charge would also likely push the schedule well into next year.

The pending high court case is Fischer v. U.S. (23-5572). A ruling is expected by early summer.

Biden resists pulling controversial judicial nominee Adeel Mangi despite Democrat defectors

The White House is not taking any cues from Republicans who have advised President Biden to withdraw a controversial judicial nomination.

Instead, it's digging in its heels to lobby Democratic senators to support Adeel Mangi for the 3rd Circuit Court of Appeals. 

A White House official updated Fox News Digital on the status of Mangi's nomination, which has been scrutinized over his ties to two groups, one accused of antisemitism and another that has supported "cop killers," as Republican critics have alleged. 

Biden is not considering withdrawing the judicial nomination despite a call from Senate Judiciary Committee Ranking Member Lindsey Graham, R-S.C. 

BIDEN HAD SIMILAR LEGAL AID ARRANGEMENT HE SLAMMED TRUMP OVER

Mangi served on the board of advisers for the Rutgers University Center for Security, Race and Rights (CSRR) from 2019 to 2023. The center has been accused by Republicans of antisemitism due to its sponsored events and speakers. One such event was held on the 20th anniversary of the Sept. 11, 2001, terrorist attacks and featured 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.

In 2006, Al-Arian pleaded guilty to "conspiring to provide services to the Palestinian Islamic Jihad," according to the Justice Department

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Noura Erakat, who had previously been advertised as a panelist for a separate event alongside Hamas commander Ghazi Hamad, was also hosted at a CSRR event. 

The Alliance of Families for Justice (AFJ), whose founding board member, Kathy Boudin, pleaded guilty to the felony murder of two police officers in 1981 after they died following an armored truck robbery, features Mangi as a current advisory board member. 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. 

As pressure has been applied by Republican lawmakers and an ad campaign from Judicial Crisis Network targets vulnerable Senate Democrats, Biden's nominee has begun to lose support from his party. Senators Catherine Cortez Masto, D-Nev., and Jacky Rosen, D-Nev., have come out publicly against Mangi, citing his AFJ affiliation. 

Sen. Joe Manchin, D-W.Va., has also complicated the nomination by claiming he won't support anyone who can't garner at least one Republican supporter. 

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"The opposition to Adeel Mangi — in and outside the Senate — is growing by the day," a spokesperson for the Senate Judiciary Republicans told Fox News Digital in a statement. 

"It’s clear the math is not there for the White House," the statement added, calling Biden's decision not to withdraw Mangi's nomination "puzzling indeed."

White House spokesperson Andrew Bates pushed back in a statement to Fox News Digital. 

"President Biden is proud to have chosen Adeel Mangi," he said, calling Mangi "an extraordinarily qualified nominee" and noting he "would make history on the bench" as the first Muslim in such a position.

"The Senate Judiciary Committee has approved Mr. Mangi’s nomination, and the rest of the Senate should side with what makes America the greatest nation on Earth and support him, not cave to vicious, undignified attempts to drag America into the past," Bates added. 

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, continue to press senators to support Mangi, who would be the first Muslim federal appellate court judge, a White House official revealed. 

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Through these officials, the White House is persisting and pushing back on the concerns over Mangi's two group affiliations in question, telling senators they are false and a smear campaign. They are also reiterating to lawmakers that the nominee is qualified for the role. 

Senate Judiciary Chariman Dick Durbin, D-Ill., will also keep up pressure on his colleagues to support Mangi and dismiss what he also considers to be a smear campaign. 

"The treatment of this nominee before the Senate Judiciary Committee has reached a new low in many ways," he said in a recent speech on the chamber floor, insinuating Mangi's status as a Muslim is the reason for opposition to his confirmation.

If Biden does not withdraw Mangi's nomination and it is not scheduled for a confirmation vote in 2024, the nomination will expire on its own. In this case, he would need to be nominated again in the next Congress. 

The nomination has not yet been scheduled for a vote by Senate Majority Leader Chuck Schumer, D-N.Y., who has noted his own support for Mangi but hasn't given any indication whether he plans to schedule a vote. 

Republican strategist Ron Bonjean, a former spokesman to Senate Majority Leader Trent Lott and former chief of staff of the Senate Republican Conference, said it was "unlikely" Mangi's nomination survives a Senate confirmation. 

"The White House has not put up an aggressive defense of Mangi, which is really sending my message that he should withdraw [on] his own," said Bonjean, who also ran communications for the Senate confirmation of Supreme Court Justice Neil Gorsuch. "Unless the Biden administration changes its strategy, the Mangi nomination is dead in the water."

Mangi did not provide comment to Fox News Digital.

Johnson to meet Trump at Mar-a-Lago amid speakership threat

Speaker Mike Johnson, R-La., will meet former President Trump at his Mar-a-Lago estate on Friday as the embattled House leader faces a threat to his speakership from Trump loyalist Rep. Marjorie Taylor Greene, R-Ga.

Johnson and Trump have already been at odds on the House passing an additional $60 billion in aid to Ukraine, which Johnson has for months declined to allow the House to vote on legislation already passed by the Democratic-led Senate. 

Trump has previously stated that he would end the war within 24 hours should he be reelected, while he has also touted converting the cost of weapons transfers to Ukraine into a loan.

Trump also encouraged GOP lawmakers to successfully "kill" reauthorizing FISA, the Foreign Intelligence Surveillance Act, a measure Johnson backed. The speaker is set to try again to push the measure through the House.

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Meanwhile, earlier this month, Greene authored a resolution to force the House to take a vote of no confidence in the speaker. Greene railed at Johnson for negotiating spending bills with Democrats and forgoing the GOP’s internal rule, requiring 72 hours before voting on legislation.

She is also a staunch opponent of providing more aid to Ukraine. Greene and Johnson met on Wednesday, with Greene saying she is still frustrated with the speaker’s handling of several hot-button issues.

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Nevertheless, Trump is expected to back the leadership of Johnson, who defended the former president in two impeachment trials.

In fact, Friday’s meeting has been billed as a "major announcement on election integrity," and to tout legislation that would prevent noncitizens from voting, although no further details have been provided.

The joint appearance will also give Johnson an opportunity to publicly showcase his close ties to Trump.

"It’s about Trump embracing Johnson," former Speaker Newt Gingrich said of Friday’s joint appearance, per the New York Times. "This is Trump saying, ‘He is the speaker, I am his friend, we are together.’ That’s a pretty important thing for him. He just has to endure."

The high-profile joint appearance comes days after Trump met with former U.K. Prime Minister David Cameron at Mar-a-Lago.