Handful of vulnerable Dems will decide fate of Mayorkas impeachment trial

A handful of Democratic senators in vulnerable election contests in November could decide whether there's an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas.

"We have to look at the impeachment documents first," Sen. Jon Tester, D-Mont., told reporters Tuesday in a departure from his previous suggestion the impeachment amounted to "political games."

The Montana Democrat is in the throes of arguably the most competitive Senate election matchup in 2024. He is expected to face former Navy SEAL Tim Sheehy. The race is one of four "toss-ups," according to leading non-partisan political handicapper The Cook Political Report. 

Sen. Bob Casey, D-Pa., also left his options open for how he would vote if Democrats seek a quick procedural off-ramp for the trial, which Republicans expect.

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"We'll see what transpires from there, once being sworn in," Casey told Fox News Digital. "I don't think anyone knows what will transpire."

Casey faces a significant challenge in the battleground state of Pennsylvania, where the likely Republican nominee is Dave McCormick, a former hedge fund executive and combat veteran. The Cook Political Report has the contest rated "lean Democratic." 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

In keeping with their fellow vulnerable colleagues, senators Tammy Baldwin, D-Wis., and Sherrod Brown, D-Ohio, each avoided saying what they plan to do if a motion to table the impeachment trial is put forward.

"I am not as convinced as you are that the question before the Senate will be a tabling question. I know the press is saying that. I have not heard that," Baldwin told Fox News Digital. 

Numerous Democrats recently shared their expectations with Fox News Digital that their caucus will look to quickly dismiss the impeachment trial via a procedural maneuver. Senate Republicans have also accused Senate Majority Leader Chuck Schumer, D-N.Y., of planning to do so. However, Schumer has given no indication about his plans for an impeachment trial. 

"They still haven't sent anything over. How do you know they're going to?" Brown asked, referencing the House.

Speaker Mike Johnson, R-La., decided Tuesday to delay sending impeachment articles against Mayorkas to Schumer until next week. He did so at the request of several GOP senators who did not want the impeachment trial proceedings to take place at the end of the week, when senators will be heading home. 

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"Why don't we actually do something on the border instead of waiting for the dysfunctional House to send over impeachment articles for the first time in 100 years?" Brown asked. Similar to Tester, Brown is embroiled in a "toss-up" race against Trump-endorsed GOP nominee Bernie Moreno.

Baldwin's matchup, like Casey's, is considered "lean Democratic." The frontrunner for the GOP nomination in Wisconsin is businessman Eric Hovde.

Sen. Jacky Rosen, D-Nev., told Fox News Digital she wants to see the impeachment trial dismissed. 

"We should dismiss this," she said Wednesday. 

Rosen's race was recently moved from "lean Democratic" to "toss-up" by the political handicapper, illustrating the pivotal role swing state Nevada figures to play in November. The Republican primary in Nevada has yet to take place, but the frontrunner, who has the blessing of GOP Senate leaders, is Army veteran Captain Sam Brown.

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Several of the vulnerable Democrats pointed to a bipartisan border package that had been recently negotiated by senators Chris Murphy, D-Conn., James Lankford, R-Okla, and Kyrsten Sinema, I-Ariz., earlier this year. The measure quickly lost steam after former President Trump came out against it. 

"That would have solved a lot of the problems on our border," Rosen told Fox News Digital. 

"We have the legislation there that would fix these problems," she said. "You don't impeach. We are a legislative body."

"The law would hire — we'd be able to hire thousands more Border Patrol agents and do a much better job at stopping fentanyl at the border. So, we should get that done," said Casey. 

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However, Republicans argued at the time that the negotiated package didn't go far enough and included harmful provisions. 

While its unclear what some of the Democrats in tough re-election battles will do once the impeachment articles against Mayorkas are delivered, there are also questions on the Republican side.

Sen. Mitt Romney, R-Utah, told reporters Tuesday "a high crime or misdemeanor has not been alleged, and the standard has not been met for a conviction.

"I don't know that you want to go on for several weeks pointing out the obvious, which is that the border is a disaster. Secretary Mayorkas is following the position of his party and of the president who was elected."

Sen. Susan Collins, R-Maine, refused to indicate what action she would take. 

"I'm going to be sworn in as a juror. The role of senators is both juror and judge. And, thus, I don't comment on how I am going to vote until it occurs," she explained. 

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

Bipartisan senators push back as key Dem signals doom for TikTok bill

Senators on both sides of the aisle are pushing back after Sen. Maria Cantwell, D-Wash., poured cold water on hopes a House-passed bill that would require social media app TikTok to divest from China would ever reach the Senate floor.

"I'm not surprised at all. This is exactly what I predicted would happen," Sen. Josh Hawley, R-Mo., told reporters. He was reacting to recent comments from Cantwell, chairwoman of the Senate Committee on Commerce, Science, and Transportation.

After the House bill passed with an overwhelming majority in the House of Representatives last month, it was referred to the Commerce Committee in the Senate rather than being expedited in the same fashion. This puts the measure under Cantwell's purview as chairwoman, and she is charged with scheduling markups and potential hearings. 

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The Washington Democrat had already signaled what some feared would be a long process, indicating her interest in holding several public hearings regarding the TikTok bill. However, she reportedly shared new detailed criticisms of the bill with reporters Monday, suggesting it would not hold up to judicial scrutiny. 

Cantwell claimed the measure "could be better," Punchbowl News reported. "You also can’t, as a Congress, just decide one day, ‘Ah!’ And pass a law. Well, you can, I just don’t know if it’ll hold up in court.

"Let’s get something that can be upheld."

She notably has her own proposal regarding TikTok, called the GUARD Act, which she said would allow the executive branch, specifically the Department of Commerce, to regulate apps owned by foreign adversaries, such as TikTok. The measure would not force divestment from China. 

MCCONNELL SAYS TIKTOK BILL DESERVES 'URGENT ATTENTION' AMID CHINA SECURITY THREAT CONCERNS

Asked by Fox News Digital if she still planned to hold hearings on the House-passed measure, Cantwell said, "We're trying to figure out our schedule for that. So, we'll let you know soon."

Sen. Mitt Romney, R-Utah, criticized the suggestion, telling Fox News Digital, "It's the right thing for national security, and looking for excuses is embarrassing."

Sen. Chuck Grassley, R-Iowa, further claimed the bill was designed to be taken to court and prompt a quick decision. 

"It's anticipating court action and making sure that it's done very quickly," he said. 

Citing his conversations with the Department of Justice and the legal advice provided by it, Senate Select Committee on Intelligence Chairman Mark Warner, D-Va., said the approach "taken in the House bill [is] threading the needle appropriately," pushing back on Cantwell's remark. 

GOP PLANS TO GRIND SENATE TO A HALT IF DEMOCRATS TABLE MAYORKAS IMPEACHMENT TRIAL

"I think it's clearly constitutional and passes all the tests of legal sufficiency," Sen. Richard Blumenthal, D-Conn., told Fox News Digital. "Selling assets is a common remedy that's used by the Justice Department in antitrust suits and is applied to a variety of other kinds of situations."

Sen. John Fetterman, D-Pa., reiterated that he wants to see a vote on "a bill that separates TikTok and the Chinese government connection."

Representatives for Cantwell did not provide comment in response to the criticisms. 

Hawley suggested again that lobbying from Big Tech was likely behind stalling on the TikTok measure, telling reporters, "TikTok does not want that bill to move across the Senate floor.

"And, therefore, it's highly unlikely to move across the Senate floor." 

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Several reports last month from Politico revealed that several former Cantwell staffers now lobby lawmakers on behalf of the social media app, which prompted both questions and criticism given her position charting the bill's trajectory through the Commerce Committee. 

TikTok did not provide comment to Fox News Digital. 

However, Hawley said he isn't willing to accept the TikTok bill never reaching the chamber floor for a vote. 

He claimed that if the Commerce Committee tries "to bottle it up," he might seek to bring the TikTok bill to the floor by asking "for unanimous consent to set a vote and have a debate."

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

Asked if he thinks the measure would ever be brought to the floor, Warner told Fox News Digital, "I believe we need to work on something that is a national security threat and has been overwhelmingly supported."

Fetterman expressed optimism, saying he believes a vote on forcing TikTok to divest will eventually happen. 

Sen. Mike Rounds, R-S.D., noted it would be a decision for Senate Majority Leader Chuck Schumer, D-N.Y., as the leader of the upper chamber. 

Schumer didn't answer Fox News Digital when asked if he plans to ever bring the House-passed bill to the floor.

"I can tell you that it's important that we either have them divest or we're probably going to have to find a process in which they are eliminated from the platforms," Rounds said. 

Why the House delayed sending Mayorkas impeachment articles to the Senate to begin trial

Only in Congress can you be late and early at the same time. 

First, there was criticism that House Speaker Mike Johnson, R-La., didn’t push sending the articles of impeachment for Homeland Security Secretary Alejandro Mayorkas after the House voted to impeach him in February.

The argument was that the Senate wasn’t ready yet. Plus both chambers wanted to make sure they waded through two sets of spending bills to avoid partial government shutdowns. 

Then, a coalition of Senate conservatives began haranguing Johnson to delay sending the articles over to the Senate. This came nearly two weeks after Johnson announced the House would send the articles to the Senate by April 10.

Here’s the statement from Johnson’s office sent on March 8: "On April 10th, the House will send the Senate our duly passed articles of impeachment against Secretary Mayorkas. If he cares about the Constitution and ending the devastation caused by Biden’s border catastrophe, Senator Schumer will quickly schedule a full public trial and hear the arguments put forth by our impeachment managers."

Senate Majority Leader Chuck Schumer, D-N.Y., then announced that the chamber would swear-in senators as jurors on Thursday, April 11. It was intimated that Schumer would then move to dismiss the articles — if he had the votes. Thus, if Schumer teed up a vote to dismiss or table the articles, the Democrats could short-circuit the trial by late Thursday afternoon. There would be no formal presentation of the articles of impeachment by the House "managers" (prosecutors). And the Senate would never advance to an actual up/down vote, rendering judgment for Mayorkas

But as FOX News' Aishah Hasnie scooped on Tuesday, Senate Republicans were demanding that Johnson throw on the brakes — even though the plan was set in stone days ago. 

Fox contacted multiple House impeachment managers as to if they knew what was happening. All three had not heard of a delay. In fact, on one text message, one manager mistakenly responded to yours truly, asking someone in leadership if what Fox was reporting was true.

Even though Rep. Marjorie Taylor Greene, R-Ga., is one of the impeachment managers, she learned of the delay from FOX's reporting.

"The last thing I heard, and I’m an impeachment manager, and those articles of impeachment have my name on them. I have not been told that we may be holding them now. You’re the one that told me that. So apparently you’re getting the news quicker than I am," Greene said Tuesday afternoon.

THE HITCHHIKER'S GUIDE TO MAYORKAS' IMPEACHMENT TRIAL

Aides to Johnson appeared to be trying to get clarity as well. At first, one aide said they had not heard that. Later, the aide told FOX there were conversations. Then FOX was told the aides wouldn’t push back on reporting that they were holding the articles until next week. Then a statement came from Johnson’s office. 

"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," said Johnson a spokesman.

Senate Minority Leader Mitch McConnell, R-Ky., also didn’t appear to be dialed-in when asked about a potential delay in initiating the impeachment trial.

You’ll find more whiplash on Capitol Hill than at a chiropractic clinic. But what political purpose does the back and forth serve? Who benefits? The outcome will likely be the same in the end.

And Johnson bowing at a moment’s notice to Senate conservatives who asked for a delay — apparently going over the head of McConnell — demonstrates three things. First, Senate conservatives were late to the table to push this. They knew the start of the trial since late March. This was likely an idea they only engineered in the past few days. Secondly, this reflects McConnell losing ground to conservatives in his conference. That trend has been ongoing for some time now. It’s why McConnell even declared he could read the room politically when he announced over the winter he would step aside as Republican Leader at the end of the Congress. Finally, this episode also underscores concerns some Republicans have about Johnson. They doubt that he’s truly in charge — even if they agree with the ultimate decision. 

"That is a failure of leadership. Real leaders do not lead their members where they’re blind," said Greene. "Any smart person watching this broadcast right now knows that successful have a plan and they’re able to execute it. Leaders have a plan and they lead their members. This is a complete failure of Mike Johnson." 

Thus, Republicans score a few more days to talk about the impeachment of Mayorkas and how the Senate is likely to short circuit the trial. This earns a few more news cycles and some conversations on the Sunday shows — especially if the articles head over on Monday.

Republicans are also able to propound their talking points that Schumer would set "a terrible precedent" by ending the trial quickly and curating the narrative that Democrats "aren’t serious" about border security or are giving a tacit endorsement to Mayorkas. The GOP also thought there might be some attendance problems for the vote to dismiss. By rule, the trial cannot begin until 1 p.m. So if the Senate was going to formally start the trial part of the production on Thursday afternoon, the Senate may have quickly dismissed the articles and senators would have left the Capitol for the weekend. This retooled scenario maximizes focus on the impeachment articles by buying more time.

That said, there is another issue afoot: FISA Section 702 and aid to Ukraine. We’ll start by noting that many arch-conservatives oppose renewing FISA and there are disagreements about reforms. Moreover, some on the right are also opposed to assisting Ukraine.

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It’s possible that efforts to renew the foreign surveillance program (known as FISA Section 702) could blow up on the House floor. That would compel the Senate to pivot to a short-term reauthorization of the program. The Senate would then pass the plan along to the House.

But here’s the other issue: There is still no concrete scheme to tackle aid to Ukraine in the House. Floor time is at a premium. Dragging out impeachment takes focus off the House as it struggles to deal with Ukraine. The initial gameplan was for the House to do a Ukraine aid bill next week — one which differs from the Senate passed bill. It’s still unclear if the House can even pass a Ukraine bill. But the Senate will likely accept whatever the House can manage on Ukraine. Therefore, punting the impeachment trial into next week rather than clearing the decks this week puts a squeeze on the Senate. Especially if the House is able to approve a DIFFERENT Ukraine bill. That could make it challenging for the Senate to align with a potential House bill. 

Thus, delaying the impeachment trial until next week serves several goals of conservatives. And stretching it out maintains the spotlight on Mayorkas and the border: a key tenet of the GOP’s political agenda for fall. 

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. 

GOP SENATORS CONVINCE SPEAKER JOHNSON TO DELAY MAYORKAS IMPEACHMENT ARTICLE DELIVERY

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.

MARJORIE TAYLOR GREENE'S RED LINE ON SPEAKER JOHNSON

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.

PENTAGON RELEASES DATA ON CONTROVERSIAL ABORTION TRAVEL POLICY FOR SERVICE MEMBERS

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.