Category: fox-news/us/congress

Ukraine aid package would be used to impeach Trump, Sen Vance warns

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Sen. JD Vance, R-Ohio, warned his Republican colleagues that the proposed Ukrainian aid bill could be used to impeach former President Trump if he wins re-election in November.

Vance sent a memo to GOP lawmakers highlighting that the Ukraine package assures the delivery of funding through September 2025. Trump, however, has vowed to end the war in Ukraine within 24 hours of gaining office, which would also end funding.

"[The package] represents an attempt by the foreign policy blob/deep state to stop President Trump from pursuing his desired policy, and if he does so anyways, to provide grounds to impeach him and undermine his administration. All Republicans should oppose its passage," the memo read.

"Back in 2019, Democrats articulated a novel theory of impeachment, based on Trump’s refusal to spend money from the USAI—Ukraine Security Assistance Initiative. Five years after impeaching Trump for refusing to spend money on Ukraine, they have drafted a new law that again requires Trump to spend money on Ukraine. If he negotiates an end to the war, as he has promised to do, they will undoubtedly argue that he has broken the law," Vance wrote in an op-ed for the American Conservative.

NETANYAHU DECLARES ‘VICTORY IS WITHIN REACH’ AS HAMAS REDUCED TO ‘LAST REMAINING BASTION’

On Sunday, the Senate voted to push forward the aid package, which also includes funds for Israel and other U.S. allies. So far, 18 GOP lawmakers have signed on to the effort.

The package would provide $60 billion for Ukraine, mostly to purchase U.S.-made defense equipment, including munitions and air defense systems that authorities say it desperately needs as Russia batters the country. It also includes $8 billion for the government in Kyiv and other assistance.

The 67-27 test vote Sunday on the $95.3 billion foreign aid package came just after Trump moved to kill the assistance and has escalated his attacks on the NATO military alliance.

MODERATE DEMS SILENT AS BIDEN SKIRTS SENATE CONFIRMATION FOR JOHN KERRY'S REPLACEMENT

Trump suggested this weekend that he would let Russia run amok in countries that are not contributing their fair share to NATO's budget.

Even if it makes it out of the Senate, the bill faces an uncertain future in the House of Representatives, where Republican lawmakers are more deeply aligned with Trump.

Fox News' Bradford Betz contributed to this report.

Hunter Biden’s ex-associate Tony Bobulinski heads to Capitol Hill this week to testify in impeachment inquiry

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Tony Bobulinski, a former business associate of Hunter Biden, is expected to testify behind closed doors on Capitol Hill Tuesday as the latest witness in the House impeachment inquiry against President Biden.

A source familiar with the planning first told Fox News Digital that Bobulinski will appear on Tuesday, Feb. 13, at 10 a.m. for a transcribed interview before both the House Oversight and Judiciary Committees. 

The testimony could last eight hours, according to the source.

Bobulinski, who worked with Hunter Biden to create the joint-venture SinoHawk Holdings with Chinese energy company CEFC, said he met with Joe Biden in 2017. 

Bobulinski, in December, demanded Biden "stop lying" about that meeting and called on him to "correct the record."

"Why is Joe Biden blatantly lying to the American people and the world by claiming that he did not meet with me face to face?" Bobulinski told Fox News Digital in a statement. "He should call his son Hunter and brother Jim as they can remind him of the facts. The American people deserve the truth!"

FLASHBACK: HUNTER BIDEN BUSINESS ASSOCIATE'S TEXT MESSAGES INDICATE MEETING WITH JOE BIDEN

He added: "I call on Mr. Biden to stop lying and correct the record."

Bobulinski said he is a "former decorated Naval Officer who was willing to die for this great country and held the highest security clearance issued by the Department of Energy."

Bobulinski worked with Hunter Biden to create the joint venture SinoHawk Holdings with Chinese energy company CEFC.

Despite Biden’s recent denials of involvement with his son’s business dealings, text messages dating back to May 2017 reveal that Biden met with Bobulinski months after he left the vice president's office. Fox News Digital first reported on the text messages and that meeting in October 2020.

"Mrng plse let me knw if we will do early dinner w your Uncle & dad and where, also for document translation do you want it simple Chinese or traditional?" Bobulinski texted Hunter Biden on May 2, 2017.

"Not sure on dinner yet and whatever is the most common for a Chinese legal DOC," Hunter Biden replied.

"Chinese legal docs can be both, i’ll make it traditional," Bobulinski said.

Hunter replied: "Dad not in now until 11 – let’s me I and Jim meet at 10 at Beverly Hilton where he’s staying."

BOBULINSKI OFFERED TO TESTIFY AT HUNTER BIDEN GRAND JURY BUT 'NEVER HEARD BACK': SOURCE

Later, Bobulinski sent a text to Jim Biden, Joe Biden's brother, on the same day, May 2, 2017, saying: "Great to meet u and spend some time together, please thank Joe for his time, was great to talk thx Tony b."

The following day, May 3, 2017, Bobulinski sent another text to Jim Biden, saying: "Morning, please let me know all set for things this mrng. I don't have credentials to get into Milken so just want to make sure not an issue to get me in, where should we meet this mrng?" 

"Milken" was in reference to the 2017 Global Conference, which, in part, was held at the Beverly Hilton Hotel, according to the program directory. 

Joe Biden, on May 3, 2017, spoke at the conference, hosting "A Conversation with the 47th Vice President of the United States Joe Biden." 

The meeting on May 2, 2017, would have taken place just 11 days before the now-infamous May 13, 2017, email, which included a discussion of "remuneration packages" for six people in a business deal with a Chinese energy firm. The email appeared to identify Biden as "Chair / Vice Chair depending on agreement with CEFC," in a reference to now-bankrupt CEFC China Energy Co.

HUNTER BIDEN INVESTIGATORS LIMITED QUESTIONS ABOUT 'DAD,' 'BIG GUY' DESPITE FBI, IRS OBJECTIONS: WHISTLEBLOWER

The email includes a note that "Hunter has some office expectations he will elaborate." A proposed equity split references "20" for "H" and "10 held by H for the big guy?" with no further details.

Bobulinski has repeatedly said "the big guy" was Joe Biden. IRS whistleblowers Gary Shapley and Joseph Ziegler, who claimed that politics had influenced the years-long federal investigation into Hunter Biden, also said "the big guy" was known to be Joe Biden.

The president, in December, was asked whether he had communicated with his son's business partners. The question came after Fox News Digital first reported that IRS whistleblowers turned over metadata to the House Ways & Means Committee revealing that he had used an email alias to communicate hundreds of times with Hunter Biden and his business associate Eric Schwerin during his time as vice president. 

"I did not, they’re lies. It’s a bunch of lies," Biden said Wednesday at the White House.

Bobulinski last year suggested that he and President Biden, Hunter Biden and James Biden "appear together" before Congress for a public hearing.

His suggestion came after Hunter Biden’s attorney Abbe Lowell sent a letter to U.S. Attorney for the District of Columbia Matthew Graves, claiming that Bobulinski lied to the FBI during an interview Oct. 23, 2020, about his business dealings with the president’s son.

James Biden is set to appear for his deposition on Capitol Hill on Feb. 21. Hunter Biden is set to appear on Feb. 28. Both Bidens were subpoenaed and will testify behind closed doors. 

GOP Rep. Mike Gallagher announces retirement from House: ‘Congress is no place to grow old’

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Wisconsin Republican Rep. Mike Gallagher announced Saturday that he will not seek re-election to his post in the House.

"Eight years ago, when I first ran for Congress, I promised to treat my time in office as a high-intensity deployment. Through my bipartisan work on the Armed Services and Intelligence Committees, chairing the Cyberspace Solarium Commission, and chairing the Select Committee on the Chinese Communist Party, we’ve accomplished more on this deployment than I could have ever imagined," Gallagher said in a statement.

"But the Framers intended citizens to serve in Congress for a season and then return to their private lives," the congressman continued. "Electoral politics was never supposed to be a career and, trust me, Congress is no place to grow old. And so, with a heavy heart, I have decided not to run for re-election."

LEADING HOUSE REPUBLICAN ANNOUNCES RETIREMENT FROM CONGRESS: 'PRIVILEGE OF MY LIFE'

Earlier this week, Gallagher was one of just three Republican House members to vote against the impeachment of Department of Homeland Security Secretary Alejandro Mayorkas, joining with all House Democrats and preventing the measure from going forward.

In his statement, Gallagher, who has represented Wisconsin's 8th Congressional District in the House since 2017, also offered his appreciation for those who supported his career over time.

"Thank you to the good people of Northeast Wisconsin for the honor of a lifetime. Four terms serving you has strengthened my conviction that America is the greatest country in the history of the world. And though my title may change, my mission will always remain the same: deter America’s enemies and defend the Constitution."

In comments provided to the Milwaukee Journal Sentinel, Gallagher said he plans to leave Congress and enter the private sector to spend more time with his family.

"I really just feel like I’ve accomplished much more than I even thought I could when I set out, and I firmly don’t believe that the best use for the next chapter of my career is staying in Congress for another decade," Gallagher told the outlet.

CHINA AIMS TO 'DISPLACE' THE US AS THE GLOBAL LEADER: REP. MIKE GALLAGHER

"Even though my title may change, my job may change, my mission is always going to remain the same," he added. "My mission is to prevent World War III. I’ve dedicated myself to restoring conventional deterrence in order to prevent a war with China, and so whatever I do next will be an extension of that mission."

The announcement from Gallagher, who served as a United States Marine Corps intelligence officer, comes after a handful of other Republicans recently announced their intentions to retire from Congress.

Rep. Cathy McMorris Rodgers, R-Wash., announced Thursday that she will not be seeking re-election to the House this year, saying in a post to social media that "the time has come to serve the people of Eastern Washington in new ways."

Gallagher's current term expires on Jan. 3, 2025.

The Hitchhiker’s Guide to potential timing for the Senate and the international aid package

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The Senate has now cleared the first barrier to starting debate on the $95 billion aid package for Ukraine, Israel and Taiwan.

But how long until there’s a final vote?

In short, this might take a while.

Expect the strong possibility of weekend sessions and even important overnight votes. It’s possible this may not wrap up until next Tuesday – or beyond.

IMPEACHMENT OF ALEJANDRO MAYORKAS WILL HINGE ON THE MATH: CHAD PERGRAM

To wit:

The Senate overcame a filibuster just to start debate on the bill. From a very technical standpoint, the Senate is not on the bill just yet. Opponents of clearing the filibuster are awarded 30 hours after the vote early today.

So, unless there is an agreement to speed things up, the Senate could vote Friday evening around 7 pm ET just to get on the bill.

At that stage, Senate Majority Leader Chuck Schumer (D-N.Y.) will likely "file cloture" to try to end debate on the bill.

By rule, if Schumer files on Friday, the Senate cannot vote to overcome the second filibuster until Sunday. "Cloture" (to end a filibuster) requires an "intervening day" before voting to end the filibuster. So that means the Senate can’t vote to break the second filibuster until Sunday. Saturday serves as the "intervening day."

But this is where this gets tricky.

ISRAEL, UKRAINE FOREIGN AID BILL CLEARS FIRST HURDLE IN SENATE WITHOUT BORDER AND IMMIGRATION PROVISIONS

By rule, the Senate must vote to crack the second filibuster one hour after the Senate meets on Sunday. This presents "The Super Bowl Scenario." What the Senate MIGHT do if they are really trying to step on the gas (and get senators the game or to watch the Super Bowl), is meet at 12:00:01 am et SUNDAY. The intervening day (Saturday) will have expired. By rule, the Senate can vote at 1:00:01 am ET Sunday to end debate on the overall bill.

However, there is also the "non-Super Bowl" situation here. We’ll call this the "Ravens-Lions" scenario. Say for a moment that senators don’t give a care about the Super Bowl. So the Senate might meet at noon or 1 pm et Sunday. By rule, the procedural vote to end the filibuster would happen one hour after the Senate meets. So just after 1 pm ET Sunday or 2 pm ET Sunday.

SHOOTING BLANKS: HOW REPUBLICANS MISFIRED WHEN THEY TRIED TO IMPEACH MAYORKAS

If the Senate gets 60 votes to break a filibuster, the bill is on a glidepath to eventual passage. 

But we are far from finished.

Opponents of the bill can require the Senate to burn up to 30 hours after the Senate breaks the filibuster before the Senate can vote on final passage.

So, unless there’s an agreement, the Senate couldn’t vote on final passage of the bill until Monday night after 7 pm et or so… or… in the wee hours of Tuesday morning. Everything will hinge on when the Senate concludes the procedural vote to end the filibuster.

In addition, there’s lot of interesting stuff to watch in between. Debate. Votes on amendments related to the border. You name it. And, it’s entirely possible that the Senate may actually take several days of debate and amendment votes – and elect to not try to break a filibuster and then pass the bill until late next week.

This is all developing right now.

From the border to impeachment to the courts, gridlock reigns in Washington

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The government of the most powerful country on earth is no longer functioning.

Every attempt to do just about anything goes down in flames.

This happens periodically in a capital built on a divided government established by the founders. But when you meld that with the hyper-partisan atmosphere that is now embedded in our culture – set against a momentous presidential election – things seem more dysfunctional than ever.

BIDEN KNEW THE BORDER BILL WAS ON LIFE SUPPORT AND WANTED TO BLAME TRUMP: HOWARD KURTZ

Neither side trusts the other. The paramount concern is the blame game, making sure the opposition party takes a hit when things fall apart.

At the same time, two major lawsuits, including one being heard by the Supreme Court today, will shape the 2024 election in ways we’ve never had to contemplate before.

The Trump team will try to convince the high court that Maine and Colorado acted illegally when they kicked the former president off the ballot. The appellate court ruling, which must be appealed to SCOTUS by Monday, says Donald Trump can’t be shielded from prosecution by unlimited immunity, especially after leaving office.

Who would ever have imagined that such battles would be fought for the first time in American history? Then again, we’ve never had an ex-president accused of criminal wrongdoing in four separate indictments–with the added twist that analysts agree the charges have boosted Trump’s campaign among the majority of Republicans who view him as being unfairly persecuted.

The long-running battle over the southern border is equally divisive. Now there’s no question that this is a major liability for President Biden, who has failed for more than three years to prevent record-setting waves of illegal migrants from flooding into the country. 

Why he hasn’t done more, on a problem that even big-city Democratic mayors say is damaging, is hard to fathom. It is, after all, the signature issue that helped Trump get elected in 2016.

WHAT BULLY PULPIT? WHY BIDEN STAYS OFF TELEVISION DURING BIG BREAKING NEWS

So both parties, at least in the Senate, made an all-out attempt to hammer out a resolution.

After four long months, they finally settled on compromise language involving asylum, parole and other thorny issues. Biden made more concessions than most thought he would–including the power to shut down the border if illegal crossings exceeded 5,000 a day (which still seems way high). The Border Patrol union backed the measure, as did the Wall Street Journal editorial page.

And more than just immigration was at stake. Foreign policy had to be baked into the cake. The president saw the measure as a tradeoff, with border security greasing the skids for long-stalled military aid to Israel and Ukraine.

But Trump, the unquestioned leader of the party, said the bill would be a death knell for Republicans and urged them to oppose it, to hold off until he took office. Trump invited them to "blame me." Biden said his likely opponent wanted the campaign issue more than a solution.

Once the bill’s text was released, Republicans started abandoning it in droves. There was little question that Trump was the motivating force. He is the party’s undisputed leader and on the verge of the nomination.

JEFFERIES DEFEND SURPRISE APPEARANCE BY TEXAS DEMOCRAT IN FAILED MAYORKAS IMPEACHMENT VOTE

When Mitch McConnell, who strongly supports U.S. assistance to Ukraine, conceded the bill couldn’t pass, it was over. Ted Cruz called for McConnell to be ousted as minority leader.

Speaker Mike Johnson, just a few months into the job, does not want aid to Ukraine, but brought to the floor a stand-alone measure to provide billions to Israel. That failed by a sizable margin. Now there’s chatter that Johnson could suffer the same fate as Kevin McCarthy.

What’s more, Johnson revived an effort to impeach Homeland Security chief Alejandro Mayorkas – the first such attempt to oust a Cabinet officer in 150 years. The media and those on the Hill thought it would be a slam dunk.

But the maneuver failed by two votes, with three dissenting Republicans saying it wasn’t fair to impeach Mayorkas for carrying out Biden’s policies. So even that exercise in scapegoating was botched. Not that he would have been convicted by the Democratic-controlled Senate.

There’s a long way to go between now and November, both in Congress and the courts. But right now Washington is in a state of paralysis.

Mitch McConnell scoffs at GOP critics after his border deal collapses: ‘They had their shot’

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Senate Minority Leader Mitch McConnell brushed off backlash from his GOP critics after support for his bipartisan border deal collapsed on Wednesday.

Sen. Ted Cruz, R-Texas, called for McConnell to resign this week and argued that the border deal was far too weak to be acceptable. McConnell said his detractors are ignoring the reality of politics and compromise.

"I’ve had a small group of persistent critics the whole time I’ve been in this job. They had their shot," McConnell told Politico on Wednesday, referring to an attempt to replace him as leader in 2022.

"The reason we’ve been talking about the border is because they wanted to, the persistent critics," he continued. "You can’t pass a bill without dealing with a Democratic president and a Democratic Senate."

GOP SENATORS RALLY AGAINST BIPARTISAN BORDER DEAL, CITING BIDEN’S POWER TO SUSPEND ‘EMERGENCY’ BILL

When asked on Tuesday specifically about Cruz's call for him to resign, McConnell responded with his typical deadpan humor.

"I think we can all agree that Senator Cruz is not a fan," he told reporters.

MAYORKAS LASHES OUT AT ‘BASELESS’ GOP ALLEGATIONS AHEAD OF KEY IMPEACHMENT VOTE

Cruz is not the only Republican senator speaking out, however. Sen. Mike Lee, R-Utah, campaigned against the border bill and has called for "new leadership" in the party. Sen. Ron Johnson, R-Wis., was similarly frustrated.

"I’ve been super unhappy since this started," Johnson told Politico. "Leader McConnell completely blew this."

Cruz said the bill, crafted by Sen. James Lankford, R-Okla., Sen. Chris Murphy, D-Conn., and Sen. Kyrsten Sinema, I-Ariz., "codifies" Biden's penchant to allow a porous border and "normalizes" 5,000 illegal migrants per day.

EX-ICE CHIEF SCOFFS AT KATHY HOCHUL'S SUDDEN MIGRANT OUTRAGE

"That works out to 1.8 million a year. That works out to about 6 million illegal immigrants over the three years of Biden.… So the idiotic Republican proposal was let's be for two thirds of the border invasion that Biden has allowed," he told Fox News on Wednesday morning.

CLICK TO GET THE FOX NEWS APP

The GOP infighting comes as the U.S. Customs and Border Protection announced 1 million border encounters since Oct. 1, the beginning of fiscal year 2024. The CBP reached the 1 million mark faster than any other year.

House clears way to advance impeachment articles of DHS Secretary Mayorkas

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House lawmakers on Tuesday cleared the way to advance an impeachment resolution against Homeland Security Secretary Alejandro Mayorkas.

The 215-207 floor vote came as the House adopted the "rule" to manage the debate on the measure. 

The resolution affirms that Mayorkas "has willfully and systematically refused to comply with Federal immigration laws" by having repeatedly violated laws enacted by Congress regarding immigration and border security during his tenure. 

If the vote goes through, Mayorkas would be the first Biden Cabinet official impeached in nearly 150 years. 

This story is breaking. Please check back for updates.

The Hitchhiker’s Guide to the House trying to impeach Mayorkas next week

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House Republicans are aiming to tee up debate and a floor vote next week to impeach Homeland Security Secretary Alejandro Mayorkas.

As of this Friday, the House Rules Committee has not officially put impeachment on its schedule for Monday. But Fox is told that that could happen over the weekend if Republicans are satisfied with the whip count on impeachment. At this stage, the Rules Committee is only slated to prep a health care bill for the floor at its meeting Monday. The two impeachment articles must go to the Rules Committee before heading to the floor.

If the Rules Committee prepares the articles of impeachment on Monday, the full House could debate and vote on impeaching Mayorkas as early as Tuesday. If the Rules Committee meeting slips to Tuesday, then floor action on Mayorkas will likely shift to Wednesday. 

And even if the Rules Committee convenes on Mayorkas, the House won’t necessarily need to bring those articles of impeachment to the floor right away if the GOP brass is concerned about the vote count. 

MAYORKAS IMPEACHMENT ARTICLES APPROVED BY COMMITTEE, SETTING UP FULL HOUSE VOTE

The decision to go to the floor is about the math. 

Rep. Brian Higgins, D-N.Y., resigns Friday to run an arts organization in western New York. When the House returns on Monday, it will have 431 members — 219 Republicans and 212 Democrats. That’s a seven seat majority. And the retirement of Higgins helps the GOP make the math work in their impeachment quest. With a delta of seven seats between the majority and minority, Republicans can now lose three votes on their side and pass something without assistance from Democrats. The margin was two votes prior to Higgins stepping down. 

But it’s more complicated than that. 

It is doubtful that House Majority Leader Steve Scalise, R-La., will be back next week after receiving cancer treatments. Rep. Hal Rogers, R-Ky., should return after being injured in a car accident. But there are always a handful of members out on any given day for health and other reasons. So if Republicans go to the floor to impeach Mayorkas, they need to make sure everyone who is a yea on impeachment is present. Rep. Ken Buck, R-Colo., is a no right now. Johnson told Fox Business Friday morning that he would work on Buck this weekend. 

So, if things go the way the GOP leadership wants, the House could vote on Tuesday or Wednesday to impeach Mayorkas. If the leadership doesn’t put impeachment on the floor, the math won’t work. 

Keep in mind that the Republican hand could either get better or worse if for some reason the House doesn’t vote next week on impeachment. 

There is a special election in New York on February 13 to replace former Rep. George Santos, R-N.Y., who was expelled. Former Rep. Tom Suozzi, R-N.Y., is running against GOP nominee Mazi Melesa Pilip. If Suozzi wins, the GOP majority shrinks again. But a Pilip victory serves as a Republican reinforcement. 

HESITANT REPUBLICANS COULD DERAIL MAYORKAS IMPEACHMENT EFFORT

If and when the House votes, it considers two articles of impeachment. One accuses Mayorkas of disregarding the law. The other charges Mayorkas of lying to Congress, saying the border was secure. 

The House will likely vote on each article separately. Mayorkas would be impeached if the House adopts either article. Moreover, the House does not always approve both articles of impeachment in such an inquest. In 1997, the House only adopted two of the four articles of impeachment leveled against former President Clinton. 

Think of impeachment as an indictment. It’s then up to the Senate to act as a "court" and judge whether the accused is guilty of the charges in a trial. 

The impeachment of cabinet officials is rare. The House has now impeached multiple Presidents and federal judges. But only one cabinet member, Secretary of War William Belknap in 1876. 

If the House approves impeachment articles, it must next take a separate vote to appoint "impeachment managers." It then dispatches the article or articles of impeachment to the Senate. 

"Impeachment managers" are House members who serve as prosecutors. They present the findings of the House before the Senate. Senators sit as jurors. 

Fox is told that the House wants to get the impeachment articles to the Senate quickly after the vote. The Senate is trying to consider a major border security bill next week. So there could be a bit of a parliamentary traffic jam as the Senate potentially grapples with both the border bill and maybe the start a Senate trial. But it’s also possible a trial could wait until the week of Feb. 11. 

T,his scenario produces a rather shocking split screen. The Senate is dealing with a border security bill as it entertains an impeachment trial against the Homeland Security Secretary. 

OHIO SENATE CANDIDATE SAYS GOP IMPEACHING ‘TRAITOR’ MAYORKAS A ‘NO BRAINER’: ‘GROTESQUELY UNQUALIFIED’

There is a bit of a ceremony to send the articles of impeachment to the Senate from the House and for the Senate to receive the articles. In this case, Acting Clerk of the House Kevin McCumber and House Sergeant at Arms William McFarland escort the articles of impeachment and House managers across the Capitol Dome to the Senate. The Senate gathers, usually with all senators sitting at their desks. Senate Sergeant at Arms Karen Gibson then receives the House entourage at the Senate door and reads the following proclamation to the Senate. 

"All persons are commanded to keep silence, on pain of imprisonment, while the House of Representatives is exhibiting to the Senate of the United States articles of impeachment against Alejandro Nicholas Mayorkas." 

The articles are then presented to the Senate and the managers are introduced. That is all which usually happens on the first day of a Senate trial – although Fox was told the Senate might try to squeeze everything 

Under Senate impeachment trial rule III, the body is supposed to wait until the next day to swear-in senators as jurors. But Fox is told that could happen on day one in this instance. 

According to Senate rules, the "trial" must begin the day after the Senate receives the articles at 1 p.m. Trials are supposed to run Monday through Saturday. There were Saturday sessions in both impeachment trials of former President Trump in 2020 and 2021. 

It is unlikely that U.S. Chief Justice John Roberts will preside over a possible Mayorkas trial. Senate impeachment rule IV requires the Chief Justice to preside over cases involving the President or Vice President. In this case, it’s likely that Senate President Pro Tempore Patty Murray, D-Wash., will preside over a Mayorkas tribunal.

Now we get to perhaps the most interesting question of all: How much of a trial is there? 

Senate Majority Leader Chuck Schumer, D-N.Y., ducked questions from yours truly last fall about what a potential impeachment trial for President Biden or Mayorkas would look like. 

Schumer again sidestepped a question this week when asked if he would "hold" a trial. "Let’s wait and see what the House does," replied Schumer. 

But regardless, the Senate cannot immediately bypass a trial. If the House impeaches, the Senate is compelled to at least receive the impeachment articles, the House managers and swear-in the senators. 

At that point, the Senate can decide to hold a full trial, or potentially, move to dismiss or actually have straight, up or down votes on convicting or exonerating Mayorkas. 

In the 1998 impeachment trial of former President Clinton, late Sen. Robert Byrd, D-W.Va., made a motion to dismiss the charges. 

In 2010, the Senate was on the verge of launching an impeachment trial of former federal judge Samuel Kent, but he resigned after the House impeached him and before the Senate began the trial. The House notified the Senate it did not want to continue with the trial. So the Senate eventually conducted a vote to discharge itself of responsibilities regarding Kent. 

The Senate could so something similar this time. 

But here’s the rub: There will eventually be either a vote to convict or exonerate Mayorkas or dismiss the charges. Senate Republicans will watch very closely if Senate Democrats engineer any vote to short-circuit the trial. The GOP will take note of how multiple vulnerable Democrats facing competitive re-election bids in battleground districts vote.

If they vote to end the trial or clear Mayorkas, Republicans will likely enroll that into their campaigns against those Democratic senators. Keep in mind that Fox polling data revealed that border security was the number-one issue facing voters in Iowa and New Hampshire. Republicans will examine the trial-related votes of Sens. Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Bob Casey, D-Pa., Tammy Baldwin, D-Wisc., Jacky Rosen, D-Nev., and Kyrsten Sinema, I-Ariz. – if she runs.

But first, we have to see if the House has the votes to impeach. Everything hinges on that.

Congresswoman Sheila Jackson Lee criticized for saying impeachment is not meant to be used for revenge

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Rep. Sheila Jackson Lee, D-Texas, was criticized after standing up for Homeland Security Secretary Alejandro Mayorkas on Tuesday, saying on social media that impeachment should not be used for revenge.

The House Homeland Security Committee met Tuesday to advance two articles of impeachment against Mayorkas, accusing him of refusing to follow immigration law and of breaching the public’s trust. A vote is expected to take place later in the day, and will likely fall on party lines, moving the articles to a House vote at a future date.

While Republican committee members continued their assault against Mayorkas, Jackson Lee turned to social media to express her stance on the matter.

"Impeachment is not meant as a tool to be used for revenge. #RevengeImpeachment," Jackson Lee posted to X.

MARJORIE TAYLOR GREENE PREDICTS MAYORKAS IMPEACHMENT ARTICLES WILL PASS HOUSE WITHOUT ANY DEM SUPPORT

The tweet was in response to a video of her during the impeachment hearing, where she said they were "being fooled" in regards to the accusations against Mayorkas.

"Today, we are being fooled that work is being done against an individual for treason, bribery or other high crimes and misdemeanors. The American people understand that that is not the actions that we are here for today," Jackson Lee said. "Revenge, vengefulness is why we are here. Otherwise, they would understand that Secretary Alejandro Mayorkas is an individual whose family fled the Nazis and then Cuba before arriving here in the U.S.

"He is the first immigrant to serve as head of the Department of Homeland Security, and yet, this committee seeks to suggest that he is violating the Constitution, when in essence, his freedom is based upon our Constitution," she added.

WHITE HOUSE DEMANDS SPEAKER JOHNSON GIVE BIDEN ‘AUTHORITY AND FUNDING’ TO ‘SECURE THE BORDER’

Jackson Lee faced harsh criticism for her comments from some people, though, including Aaron Ray Hermes, a Texas Republican candidate gunning for the congresswoman’s seat.

"Oh so wanting to protect the country is just ‘revenge’ now?" Hermes tweeted. "Then why did you impeach Trump for making a perfectly valid phone call in 2019? Keep lying and we’ll keep showing up with receipts. Can’t wait to take your seat."

Others attempted to remind Jackson Lee that the Democratic Party used impeachment as revenge against former President Trump.

MIGRANT CRISIS BROKE NEW RECORD IN DECEMBER WITH 302K ENCOUNTERS, OFFICIALS CONFIRM 

"Did you post this comment when you all did the revenge impeachment of Trump," one user wrote, while another posted, "Haha! Says the Impeachment Democratic Party."

Still, House Democrats, including Jackson Lee, have backed Mayorkas on the matter of impeachment, and on Monday, they released a lengthy report that accused the Republican majority of abusing the impeachment process and running a "sham" process while sabotaging Mayorkas’ efforts to manage the border crisis.

Fox News Digital's Adam Shaw contributed to this report.

House Republicans unveil articles of impeachment against DHS Sec. Mayorkas

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House Republicans unveiled articles of impeachment against Homeland Security Secretary Alejandrop Mayorkas on Sunday.

The articles, introduced by Rep. Mark Green, R-Tenn., accuse Mayorkas of "Willfull and systemic refusal to comply with the law" and "breach of public trust." 

"Throughout his tenure as Secretary of Homeland Security, Alejandro N. Mayorkas has repeatedly violated laws enacted by Congress regarding immigration and border security. In large part because of his unlawful conduct, millions of aliens have illegally entered the United States on an annual basis with many unlawfully remaining in the United States. His refusal to obey the law is not only an offense against the separation of powers in the Constitution of the United States, it also threatens our national security," Republicans allege in the first article.

"Alejandro N. Mayorkas knowingly made false statements to Congress that the border is 'secure,' that the border is ‘no less secure than it was previously,’ that the border is 'closed,' and that DHS has ‘operational control’ of the border," they allege in the second article.

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"These articles lay out a clear, compelling, and irrefutable case for Secretary Alejandro Mayorkas’ impeachment. He has willfully and systemically refused to comply with immigration laws enacted by Congress. He has breached the public trust by knowingly making false statements to Congress and the American people, and obstructing congressional oversight of his department. These facts are beyond dispute, and the results of his lawless behavior have been disastrous for our country," said Green, who chairs the House Homeland Security Committee.

House Speaker Mike Johnson told fellow Republican lawmakers on Friday that he intends to hold a House-wide vote on whether to impeach Mayorkas "as soon as possible."

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Johnson pointed out polling that showed illegal immigration as an increasingly urgent issue for American voters.

"The facts show that President Biden and his Homeland Security Secretary Mayorkas have willfully ignored and actively undermined our nation’s immigration laws," the speaker wrote in a letter to colleagues. "Rather than accept accountability, President Biden is now trying to blame Congress for what HE himself intentionally created."

The Department of Homeland Security offered a response to the allegations on Sunday, arguing that Republicans failed to present evidence that Mayorkas has committed any "high crimes or misdemeanors."

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The DHS argues the GOP effort has been a "cynical and hypocritical process" that was "predetermined from the start."

"This markup is just more of the same political games from House Homeland Security Committee (CHS) Republicans. They don’t want to fix the problem; they want to campaign on it. That’s why they have undermined efforts to achieve bipartisan solutions and ignored the facts, legal scholars and experts, and even the Constitution itself in their quest to baselessly impeach Secretary Mayorkas," the DHS said in a memo.

Rep. Bennie Thompson, D-MS., ranking member of the committee, rejected Republicans' argument in a statement.

"What is glaringly missing from these articles is any real charge or even a shred of evidence of high crimes or misdemeanors – the Constitutional standard for impeachment. That should come as no surprise because Republicans’ so-called ‘investigation’ of Secretary Mayorkas has been a remarkably fact-free affair. They are abusing Congress’ impeachment power to appease their MAGA members, score political points, and deflect Americans’ attention from their do-nothing Congress," Thompson said in a statement.

The GOP push to remove Mayorkas comes after years of skyrocketing illegal immigration under President Biden's administration.

Fox News' Chad Pergram, Tyler Olson, Griff Jenkins and Elizabeth Elkind contributed to this report