GOP hope for Mayorkas impeachment trial dims as Senate Dems look for quick dismissal

As the Senate waits for the House to deliver its articles of impeachment against Homeland Security Secretary Alejandro Mayorkas, multiple Democrats expressed their expectation to Fox News Digital that they will be dismissed quickly, and a full trial will not play out. 

Sen. Mark Kelly, D-Ariz., told Fox News Digital he "of course" thinks his fellow Democratic colleagues will move to table the articles when they are officially delivered to the Senate and lawmakers are sworn in to be jurors. 

"It's entirely political," he said. "They've never shown any evidence of any kind of impeachable offense and then impeached him in the House anyway. It's ridiculous."

During the House Republicans' retreat this week, House Speaker Mike Johnson, R-La., revealed, "We've not sent it over yet. And the very simple answer for that, and the reason for it, is because we're in the middle of funding the government in the appropriations process."

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He noted that there is a small window in which the Senate will be required to process the articles, and "we didn't want to interrupt the Senate and their floor time and their deliberation on appropriations, because we've risked shutting the government down."

According to Johnson, they will be delivered in "due course."

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In a narrow second attempt at impeaching Mayorkas last month, the House was successful. By a vote of 214-213, two articles of impeachment were approved against the DHS secretary. One accused him of having "refused to comply with Federal immigration laws" and the other of having violated "public trust."

Reps. Mike Gallagher, R-Wis.; Ken Buck, R-Colo.; and Tom McClintock, R-Calif., voted against the impeachment. 

The first attempt to pass the articles was brought down by four Republican defections, one of which was a procedural move by Rep. Blake Moore, R-Utah, which allowed the resolution to be brought back to the floor. 

"I expect it will be dismissed" by the Democratic caucus, Sen. Jon Ossoff, D-Ga., told Fox News Digital.

Sen. Bob Casey, D-Pa., similarly shared that he is hoping for a "quick dismissal."

Also urging the Senate to get past the impeachment articles, Sen. Tom Carper, D-Del., said, "Let's turn the page and move on and deal with the problems and challenges that we face," calling the impeachment both "nonsense" and "shameful behavior."

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Democrats are in the majority in the Senate and will ultimately decide how the body moves forward once the articles are delivered. And since it would only require a simple majority to table the impeachment, the upper chamber may opt to do so. 

Their Republican counterparts signaled an expectation that Democrats will move to table the articles. 

"I assume the Democrats will try and table it," said Republican Whip John Thune, R-S.D., who added his conference will do "everything we can to get them to conduct a trial."

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Sen. Shelley Moore Capito, R-W.Va., said she has heard "rumors" that Democrats were interested in tabling it. "I don't expect a full trial to happen at this point," she said. "But I think it should."

For many Democratic senators, it just isn't on their radar. The Senate is notably working on several issues, including federal nominations; aid to Ukraine and Israel; Foreign Intelligence Surveillance Act reform; Federal Aviation Administration re-authorization; and appropriations, with a March 22 deadline coming up for the last slate of funding bills. 

"I haven't given virtually any thought to the political charade around Secretary Mayorkas, so that's just not been high on my radar screen," said Sen. Mark Warner, D-Va., who explained that "serious issues" surrounding China and Ukraine are taking precedence. 

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"Who gives a s---?" said Sen. John Fetterman, D-Pa. He added that the Mayorkas impeachment would not be the last of the "dumb s---" that House Republicans have done. 

However, Sens. Catherine Cortez Masto, D-Nev., and Ben Cardin, D-Md., emphasized the importance of their status as jurors in the matter of the DHS secretary's impeachment. 

"As an impartial juror on all of the above, I've always been the same with any type of impeachment that I'm not going to predetermine or have any bias towards what's going to happen," said Cortez Masto. 

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Cardin echoed, "I've always taken the position as a juror, I shouldn't talk about that publicly." The senator noted, however, that he has "pretty strong views," adding that reporters could probably guess them. 

DHS did not provide comment on the Senate's procedure for the articles of impeachment to Fox News Digital. 

Following the House's vote last month, DHS spokesperson Mia Ehrenberg said in a statement, "House Republicans will be remembered by history for trampling on the Constitution for political gain rather than working to solve the serious challenges at our border." 

"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," she continued. 

Despite several Senate Republicans criticizing the House's attempt to impeach Mayorkas, many Republicans have changed their tune and expressed their interest in the Senate holding a full trial.

Fox News Digital's Liz Elkind contributed to this report.

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

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. 

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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. 

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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. 

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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.

Hunter Biden business partner’s dad boasted about CCP leaders praising his book: ‘You touched my heart’

FIRST ON FOX: An unearthed interview involving the father of Hunter Biden's longtime business partner, Eric Schwerin, shows him boasting about the Chinese Communist Party (CCP) praising his business book and amplifying it across China, according to a video reviewed by Fox News Digital.

As part of House Republicans' impeachment inquiry against President Biden, Eric Schwerin will appear Tuesday before the House Oversight Committee for a deposition. The committee obtained bank records indicating Schwerin "had access to bank accounts" that could be relevant to their probe.

Schwerin’s testimony comes after Fox News Digital first reported that as vice president, Biden used email aliases and private email addresses to communicate with Hunter Biden and his business associates hundreds of times, including with Schwerin. The communications came between 2010 and 2019, with most email traffic taking place while Biden served as vice president.

Schwerin, who visited the Obama White House and then-Vice President Biden's residence at least 36 times between 2009 and 2016, was considered Hunter's point person for their Chinese business deals and dubbed the "money guy." 

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However, another member of the Schwerin family could face questions about China ties after an unearthed interview details how the elder Schwerin, David Schwerin, separately touted having one of his books resonate with CCP leaders in the early 2000s. This visit led to him gaining intimate access over the next couple of decades and taking several trips to speak in China and conduct workshops for weeks at a time.

In an interview uploaded to YouTube in October 2020, the elder Schwerin discussed how an unnamed person in California read his book "Conscious Capitalism" and introduced him to CCP leaders. Schwerin said the interaction initially occurred "a year or two" after his book on business and "ancient wisdom" was published in 1998.

"He wanted to take it to China," Scherwin said during the interview. "At first, I was a little skeptical - I didn't know him. And as it turns out, he was able to do that - get it translated and published. I was invited shortly thereafter to come to China to speak about the ideas in the book. While the book can be looked at on different levels, one level was certainly socially responsible business, which is now corporate social responsibility or ESG."

Fox News Digital reviewed Schwerin's online presence and confirmed that the unnamed person's identity that Schwerin mentions was Dr. Zhihe Wang, according to one of his websites. The website says their "relationship began in 1998 when Zhihe was studying for his Ph.D. at Claremont Graduate University. He came across my first book, Conscious Capitalism: Principles for Prosperity in the Claremont library and contacted me offering to translate it and have it published in China."

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According to Wang's bio, he was previously a member of the Chinese Academy of Social Sciences, whose leadership is stacked with multiple top CCP members. Schwerin continues, saying he would "become very friendly with [Wang], his wife and 18 year-old son and have helped Zhihe establish a business to use his contacts to arrange specialized trips to China for people interested in more than the standard touring." Wang touts on his now-defunct website that he organized dozens of American lectures in China and "established 17 research institutes affiliated with 15 Chinese universities [a]cross China."

"I went over there not knowing what to expect - a little bit nervous, to be honest with you - and I had the opportunity to speak to what I call Communist Party school, which is a school for senior-level Communist Party leaders to come back to get training," Schwerin said during the 2020 interview. "I spoke to them about what was inside my book. I had no idea what kind of reception I'd get. Believe it or not, they liked it. I really didn't know what to expect."

"They put my book in their bookstore, wrote about it in their newsletter, and before I knew it, a picture of the cover of my book - which had my face on it - was on the largest - or longest - bus line in China. From that point on, the Communist Party liked the idea enough to start encouraging their businesses to implement it," he said. "And when the Communist Party gets behind something, it has some influence. So, it took a number of years, but over a number of years this became widespread, this concept."

In a separate podcast interview from August 2020, Schwerin shared a similar account about the reception of his book and said that a CCP member said, "You touched my heart," referring to his presentation about his "Conscious Capitalism"book. 

Schwerin said he has since visited China nine times to talk with CCP leaders and Chinese citizens, including holding several workshops there. On one of Schwerin's websites, he has a testimonial from Yao Xian Guo, who is listed as an Executive Dean of the "Economics School of Zhejiang University." However, he does not mention that Xianguo has won multiple "Outstanding Communist Party Member" awards.

"Thank you very much for your visit … Your lecture brought us new idea and new thinking style... Social responsibility is an important issue for enterprises in China, especially in the transformation period," Xianguo's testimonial said.

It is unclear whether the elder Schwerin was involved with the foreign business dealings of Hunter and Schwerin's son, but emails show that the younger Schwerin would share political articles with his dad and Hunter, sometimes including other business associates.

A spokesperson for the Democrat minority of the House Committee on Oversight and Accountability told Fox News Digital in September that the younger Schwerin, the former president of Hunter’s Rosemont Seneca Advisors, served as then-Vice President Biden’s "bookkeeper" from 2009 until 2017.  

A person familiar with Schwerin's role in handling then-Vice President Biden's finances previously told Fox News Digital that Schwerin worked on Biden's personal budget and helped coordinate with his tax preparers.

The individual also pointed to the frequency of Schwerin's communications with Biden and his top aides and said it was "inevitable" Rosemont Seneca business came up in conversations.

Fox News Digital reached out to David Schwerin for comment, but did not receive a response.

House Dem tells mother of fentanyl victim she lacks ‘background to understand’ border chief’s impeachment

Rep. Dan Goldman, D-N.Y., told a mother who lost her daughter to fentanyl that she was being "used" by Republicans during a House Homeland Security hearing on Thursday.

Goldman's remarks to Josephine Dunn, whose 26-year-old daughter Ashley lost her life to fentanyl-laced pills, came during the committee's hearing titled "Voices for the Victims: The Heartbreaking Reality of the Mayorkas Border Crisis."

Dunn had been invited by Republicans to take part in the hearing and share the story of how she lost her daughter to fentanyl as Congress continues on with the impeachment proceedings against Department of Homeland Security Secretary Alejandro Mayorkas.

Expressing his "sincere condolences" to Dunn for the loss of her daughter, Goldman said that he wanted to "apologize in some ways" to Dunn because she was "being used as a fact witness for an impeachment investigation."

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"Obviously, given what your experience has been, you don't have the background to understand what a high crime and misdemeanor is and how it relates to this," he added in his remarks to Dunn.

Goldman's remarks drew the ire of Dunn, who told the Daily Caller News Foundation on Friday that the lawmaker is "unaware about what my understanding, about what my education, what my experience is in any of those areas when it comes to misdemeanors or high crimes."

"I have my opinions, and for him to assume that I want to just put more money into a system that has had plenty of money placed into it and is still broken is incorrect. Please don’t think for me. I have a brain, I can think and speak for myself," she told the outlet.

During the hearing, Dunn grew visibly frustrated with Goldman as he attempted to question her.

"You would agree, would you not, that it would help to stop the fentanyl trade and fentanyl trafficking from coming into this country if we had more law enforcement officers at the border and more resources and technology to stop the fentanyl from coming in?" he asked Dunn. "Do you agree with that?"

Dunn rejected Goldman's premise, saying "Border Patrol is now being used to make sandwiches and to screen people and let them into our country. So I disagree with you."

Moments later, Dunn added: "I would like the border patrol to be able to do the job that they were hired to do. Every border patrol officer that I have spoken to has told me that their hands are tied by this administration and Mr. Mayorkas. I’ve been to the border, sir, have you?"

Goldman responded that he was the one asking the questions at the hearing.

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Further highlighting the moment in a post to Facebook, Dunn wrote, "Pardon me sir, but you know nothing of my experience, my background or my understanding. Also, in all of my research, you have yet to travel once to the Southern Border of the United States. Is that why you avoided my question?"

"Are you unable to return to your constituency and explain your lack of understanding of the border, lack of experience at the border or was it something else? I would think you could have heard what I actually said. Not what you wanted me to say," she added.

Last September, Border Patrol Chief Jason Owens announced that agents had seized over 2,700 lbs. of fentanyl as part of the more than 69,000 lbs of narcotics seized between ports of entry. The seizures also included 40,000 lbs. of marijuana, 13,000 lbs. of methamphetamine and 11,000 lbs. of cocaine. 

That amount of fentanyl, which does not include the amount seized at ports of entry, is more than enough lethal doses to kill the entire population of the United States. While significantly more is caught at ports of entry – with over 22,000 lbs caught at the ports of entry at the southern border this fiscal year – the stat highlights the danger of fentanyl moving between the ports and potentially past overwhelmed agents in the field.

Opioids were involved in more than 100,000 overdose deaths in 2022. Fentanyl is the most prominent opioid, which is produced primarily in Mexico, using Chinese precursors, and then trafficked across the southern border. The drug is 50 to 100 times stronger than morphine and is often cut with other drugs, meaning that the user doesn’t know that they are ingesting fentanyl.

While opioid deaths have risen sharply in recent years, the Biden administration has pointed to data suggesting that overdose numbers are slowing and has tied that flattening to its drug strategy, which involves going after smugglers, increasing technology at ports of entry and providing additional funding for treatment and prevention within the U.S.

But the administration has faced criticism from Republicans over its handling of the fentanyl crisis, particularly at the southern border, which they say has exacerbated the flow of fentanyl into the U.S. Some Republicans, including those on the 2024 trail, have called for military action in Mexico to take out drug labs run by the cartels.

Fox News' Adam Shaw contributed to this report.

Hollywood producer who introduced Hunter Biden to art dealer raised at least $25K for Joe Biden’s campaign

The Hollywood producer who introduced Hunter Biden to his art dealer, George Bergès, previously helped President Biden raise over $25,000 for his campaign, a Fox News Digital review of a cached version of his campaign website found.

House Oversight Committee Chairman James Comer identified California-based producer Lanette Phillips as the individual who had linked the first son up with Bergès following his closed-door interview this month before the House Judiciary and Oversight Committees as part of the House impeachment inquiry against President Biden.

According to Bergès' interview transcript, which was reviewed by Fox News Digital, the art dealer said he met Phillips a "couple of years ago" at a French restaurant near his New York City gallery and knew she was involved "to some degree" with Democratic politics but did not know the entire scope.

Phillips, whose website states she has produced music videos for musicians such as Elton John, Rihanna, Justin Bieber and Jennifer Lopez, told Variety in 2019 that she has known President Biden for some time.

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"I've known Biden for many years and I believe in his policies," Phillips said. "We need to bring our parties together and work together, and he's proven to be able to do that very successfully."

In fact, Phillips helped Biden round up at least $25,000 in donations from individuals for his 2020 campaign, according to a cached version of his campaign website showing its "volunteer fundraisers." The money presumably came from a November 2019 fundraiser she hosted at her Los Angeles home alongside actress Alyssa Milano, which Variety detailed in its article. In addition to fundraising for Biden, Phillips has also donated $5,000 to the Democratic National Committee and thousands in support of John Kerry's failed presidential campaign.

Phillips, meanwhile, has also communicated with Hunter Biden since at least 2010, according to emails from his abandoned laptop. Her earliest email was sending condolences to Hunter in 2010 after his grandmother passed away.

In October 2015, a couple of days before Biden announced he was not running for president, Phillips wrote to Hunter saying she is "keeping her fingers crossed your father will announce" a run for president, adding that if he did, she has a team of "really exciting and dedicated people who are eagerly awaiting to jump in and give 100% support!"

She wrote to him again in January 2018, wishing him a Happy New Year and asked if he would be in attendance for his father's book tour stop in Los Angeles at the time. It does not appear that he responded, so she emailed him again a few days later and noted his book tour was "sold out" and wanted to know if Hunter would be "able to sort us out for passes." It is unclear whether she was able to attend the Los Angeles book tour event.

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Bergès' testimony seemingly contradicts earlier statements from Phillips. The New York Times reported in February 2020 that Phillips had initially worked with Hunter Biden to find him an art dealer. She, however, told the publication that Hunter Biden did not sign with anyone under her guidance, that she was no longer advising him and he was still looking for a gallery.

Phillips and Biden's campaign did not respond to Fox News Digital's requests for comment.

Hunter Biden's artwork has reportedly brought in at least $1.3 million, and one of the buyers was Elizabeth Hirsh Naftali, a real estate investor from Los Angeles who is a prominent Democrat donor whom President Biden appointed to a prestigious commission. Phillips also introduced her to Bergès, according to his testimony.

President Biden appointed Hirsh Naftali to the Commission for the Preservation of America's Heritage Abroad in July 2022 – eight months after the first son's first art opening. It is not clear, however, whether her purchase came before or after the appointment. 

Naftali donated over $200,000 to the Biden Victory Fund during the 2020 election cycle and over $30,000 to the Democratic National Committee in 2023. She also maxed out to the Biden campaign with two $3,300 donations last April.

Bergès also testified that Hunter Biden knew the identities of approximately 70% of his art buyers, contradicting earlier narratives from the White House. 

The most lucrative was from Kevin Morris, the Hollywood lawyer dubbed Hunter Biden's "sugar brother" due to his financial support, help writing a book and lending a private jet to the president's son. He purchased $875,000 worth of artwork in a January 2023 deal.

Bergès testified that Morris only paid 40% commission on the $875,000 purchase and that the lawyer worked with Hunter to figure out the financial implications. He admitted to never having done an art deal like that before.

Hilarious Jayapal gaffe proves Dems find saying ‘insurrection’ to be hard

A Democrat serving in the House of Representatives was at the center of an apparent blunder Wednesday when she claimed former President Donald Trump "incited an erection."

The comment from Rep. Pramila Jayapal, D-Wash., came during the House Judiciary Committee's consideration of a resolution that, if passed, would set up a full House vote on whether to hold Hunter Biden in contempt of Congress for defying a congressional subpoena as part of the House impeachment inquiry against President Biden.

"I think we're all outraged about many things, but if we're gonna talk about outrageous things that have happened or things that have never happened, let's talk about the fact that President Trump incited an erection."

Quickly realizing what she had said, Jayapal began laughing and said, "Maybe that, too."

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"You can talk about that too, I guess," Rep. Dan Bishop, R-N.C., chimed in.

"Maybe we should talk about that, too," Jayapal responded.

Correcting herself and moving on from the awkward situation, Jayapal said, "The president incited an insurrection."

Jayapal is not the first Democrat to use the word "erection" instead of "insurrection" when talking about the events of Jan. 6, 2021, and President Trump's actions on that day.

In January 2021, while pushing for an impeachment trial of Trump on the Senate floor, Senate Majority Leader Chuck Schumer, D-N.Y., claimed the former president was responsible for an "erection."

"Make no mistake, there will be a trial and when that trial ends, senators will have to decide if they believe Donald John Trump incited the erection – insurrection – against the United States," Schumer said at the time.

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Jayapal's colleague, Rep. Adam Schiff, D-Calif., has also been guilty of using the word "erection" to describe the events from more than three years ago.

Schiff's slip-up came during a November 2021 appearance on "The View," where he responded to pressure from one host who asked him whether he regretted talking up the discredited Steele dossier.

"But let’s not use that as a smokescreen to somehow shield Donald Trump’s culpability for inviting Russia to help him in the election, which they did, for trying to coerce Ukraine into helping him in the next election, which he did, into inciting an erection…"

Catching himself immediately, Schiff corrected himself and used the word "insurrection" before continuing his comments.

Schiff also slipped up and used the word during a January 2021 appearance on CNN, where he claimed then-House Minority Leader Kevin McCarthy, R-Calif., incited an "erection."

Biden’s handling of Defense Sec Austin’s mysterious absence faces backlash from former ambassador: ‘Alarming’

A former ambassador slammed President Biden's handling of Defense Secretary Lloyd Austin's mystery ailment and hospitalization, saying it's "alarming" that Biden did not notice he was "out of action" sooner.

The Pentagon alerted the media last Friday that Austin was hospitalized on Jan. 1 and remains under the care of the Walter Reed Army Medical Center. Officials stated that he underwent an elective medical procedure last month and was hospitalized in the following days. On Tuesday, the Pentagon announced Austin was treated for prostate cancer.

Biden, along with the National Security Council and leaders at the Pentagon, including Deputy Secretary of Defense, Kathleen Hicks, were not informed for several days that Austin had been admitted to the hospital's intensive care unit for treatment on New Year's Day.

Now, James Gilmore, who served as ambassador to the U.S. Organization for Security and Cooperation in Europe during the Trump administration, said it's worrisome that Biden is "so detached" from his Defense Department that he did not notice his absence.

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

"From my experience as ambassador, I know that our allies need to know that the United States is competent and organized to provide leadership in a time of global conflict," Gilmore, the former governor of Virginia with a background in military intelligence stemming from his military service during the Vietnam War, told Fox News Digital. "The world, allies and adversaries, watches the U.S. and its leadership every day for signs of strength or weakness."

"It is alarming that President Biden is so detached from his Defense Department, that he didn't even know the Secretary was out of action, and that the Defense leadership didn't feel the need to tell him," Gilmore said. "Biden is only an 'autopilot President', who daily shows he is not in control in this time of great danger to our country."

A Biden administration official responded to the critique by saying, "I'm not familiar with him" in a quote to Fox News Digital.

"But if he had nothing to say when Donald Trump outright lied to the American public about his covid case at the height of the pandemic, then I can’t hear him now," the official continued.

The ordeal has led to Trump saying Austin "should be fired immediately" and other Republicans demanding he step down from his post.

"He has been missing for one week, and nobody, including his boss, Crooked Joe Biden, had a clue as to where he was or might be," Trump said in a previous Truth Social post.

Indiana Republican Rep. Jim Banks told Axios over the weekend that Austin "has been a disaster since Day One and should be replaced by someone who will focus on making the military ready to fight and win wars instead of advancing woke political causes of the Biden admin."

Rep. Matt Rosendale's, R-Mont., office told Fox News Digital on Monday that the lawmakers was introducing articles of impeachment against Austin because he believes Austin "violated his oath of office" on multiple occasions, citing the Biden administration’s withdrawal from Afghanistan, the migrant crisis at the border, and last year’s incident with a Chinese spy craft floating above the continental U.S.

"Sec. Austin knowingly put the American people in danger and compromised our national security when he allowed a spy balloon from a foreign adversary to fly over Malmstrom Air Force Base – home to ICBMs – and allowed the Chinese Communist Party to gather intel on American citizens," the Montana Republican said.

DEFENSE SECRETARY AUSTIN RESUMES DUTIES, WAS IN INTENSIVE CARE UNIT FOR DAYS AS PUBLIC KEPT IN THE DARK

Others, such as Georgia Republican Rep. Marjorie Taylor Greene, said Austin isn't "capable" of leading the Defense Department.

"And he just proved it again by keeping it a secret when he was very sick and in the ICU," Greene posted on X. 

The secret hospitalization has caused headaches for the White House, who told Fox News Digital on Monday morning that Biden has no plans to replace Austin and "continues to have full trust and confidence in the Secretary."

Though still hospitalized, Austin has resumed his duties and is now recovering.

The New York Times reported Tuesday that the White House ordered cabinet officials to "evaluate their current policies for delegating authority when a secretary is incapacitated and to forward those procedures to the White House for review."

Congress’ fight over immigration reform could last a while

Let’s game out a potential agreement on border security.

There was the Christmas rush to try securing a deal before the holiday. The plan was to link an immigration accord to a massive international aid package for Israel and Ukraine requested by President Biden

The Senate stuck around Washington for a few extra days before Christmas. Talks even ran through one weekend in mid-December. Senate Majority Leader Chuck Schumer, D-N.Y., partially delayed the Senate’s holiday recess to maintain momentum in the talks. However, few senators thought much of the effort. A meager 61 senators surfaced on the evening of Dec. 18 for a vote to confirm former Maryland Gov. Martin O’Malley as the Social Security Administration Commissioner. 

It was the sparest attendance for any Senate vote since 56 senators cast ballots on an appropriations bill on May 28, 1959. 

BIDEN HAS ANOTHER CALAMITOUS YEAR AT THE SOUTHERN BORDER IN 2023 AS RECORDS SHATTER

The 1959 tally was only rivaled by a scant 54 senators who showed up to vote on May 5, 1960. The issue at hand was more like the issue "afoot": duties the government levied on lathes used to make shoes. The Senate voted to give the duties the boot. 

Border security talks are taking so long that senators may well burn through a few pairs of shoes before they strike a deal. Even though attendance was thin last week, Senate negotiators plodded ahead. Dropping things for the holidays would likely have cost the process momentum, such as it was. Maintaining any modicum of momentum is paramount if you consider the difficult path ahead for a border security/supplemental spending package. 

Talks resumed this week, remotely. One source signaled to Fox News that the negotiators might meet in person before Congress reconvenes on Jan. 8, if it is believed that face-to-face negotiations would help. In fact, Fox was told it is entirely possible the sides cannot even reach an agreement until the week of Jan. 8. Of course, it remains to be seen whether they can get a deal at all.

MENENDEZ BLOCKS 2 BIDEN NOMINEES OVER FRUSTRATION WITH BORDER NEGOTIATIONS

Let’s consider a middle-of-the-road scenario here.

Imagine the sides reach a handshake agreement late next week, before Congress returns to session. At a minimum, it will take congressional legislative counsel a week or so to actually write the very complex, intricate changes to border and immigration policy. So that gets us toward the end of the first full week of January before the bill text is ready.

All the while, interest groups and factions in Congress will inevitably start to chip away at this provision or that one after details of the agreement begin to dribble out. You can anticipate that opposition from both parties could be fierce to any proposal as controversial and complicated as immigration. That is why even a deal may be far from a true agreement. 

So this could drift until mid-January for the Senate to begin to process this proposal — even working on an expedited timetable. 

However, even if things go swimmingly, there is no guarantee the Senate can move quickly. Sixty votes are necessary to extinguish filibusters to both start debate and close debate on the bill. So bet on the Senate spending at least a week-and-a-half on this measure — even on a fast track.

However, what we neglected in this narrative is the realpolitik of January and February on Capitol Hill.

The first two months of the year might qualify as a parliamentary Superfund site. 

For starters, the government could run out of money on Jan. 19. Even if lawmakers limp along past that deadline and avoid a government shutdown, they will get a second crack at it on Feb. 2.

Yes. Groundhog Day. 

You cannot make this stuff up. 

No Punxsutawney Phil, here. 

We’ll see if "Louisiana Mike" and "Brooklyn Chuck" can pull a marmot out of their hat to avert a shutdown. Otherwise, look for clues. If they see their shadows, the government may operate for six weeks on a Continuing Resolution. If they don’t see their shadows, the stopgap bill may only last for four. 

You think this is daft? Considering the perils of Congressional prognostication, you could do worse than relying on a soothsaying rodent from central Pennsylvania. 

The potential of a government shutdown will consume everything on Capitol Hill. 

Of course, some longtime Capitol Hill observers might suggest that they Velcro the border security/supplemental aid package onto one of the spending bills. House Speaker Mike Johnson, R-La., argued against that. But you never know, when you consider how few legislative trains might depart from the Congressional station early next year. 

The House will also delve into a potential impeachment of the president. That will demand significant oxygen on Capitol Hill. The House will likely hold a vote to hold Hunter Biden in contempt of Congress for failing to appear for a deposition before the Oversight Committee. Lawmakers still haven’t sorted out a potential plan to reform the foreign surveillance program commonly known as FISA. 

Any and all of this could sidetrack efforts to finish the border/supplemental package. 

And that’s if there’s ever a deal.

So, don’t bank on a vote right away in January. In fact, a Senate vote could come in late January or beyond. 

Then, on to the House. 

And that is a complete wild card.

Fox is told that Johnson understands that Israel and Ukraine need aid and can’t wait too long for that to materialize. But advancing any sort of immigration package through the House which deviates from the strict border security plan Republicans approved in the spring (known as "HR 2") is going to be a monster. Johnson still has goodwill among House Republicans. But he doesn’t have much political capital. That account will dwindle even further — hinging on what Johnson decides to do about government funding. Remember that it’s far from clear what if anything the House can do to actually fund the government. So political problems for Johnson could impede passage of any border security/supplemental plan.

That’s to say nothing of problems on the Democratic side of the aisle.

As much as there are many Republicans who won’t vote for any immigration plan, there are likely just as many Democrats who will oppose what’s framed as "border security." Liberals will watch to see what changes are made to parole and asylum. Potential migration limits could be problematic. And then there are enforcement questions. 

Now you see how this could easily slip into February. And frankly, it may go deeper into the new year if a government shutdown or impeachment capsizes the Congress.

So, no one truly thought there was any realistic chance of moving any sort of border security/supplemental spending package in December, despite the rush. 

And it may be rushing things to try to complete this by February or March. 

Critics demolish liberal DC mayor for forgetting where her own city’s Metro lines go: ‘Absolute embarrassment’

Democrat Washington, D.C., Mayor Muriel Bowser was lambasted by critics this week for forgetting where her own city's Metro lines run.

The flub came during a Wednesday press conference as Bowser took a swipe at Virginia traffic amid her efforts to keep the Washington Wizards and Capitals, the city's professional basketball and hockey teams, from relocating to the state.

"I'm the D.C. mayor. I'm not an expert on their crime, but that traffic is notorious. So people know about it. And, I think—which lines go to that station?" Bower said, referencing the new Potomac Yards Metro station in Alexandria, Virginia, near the site of the proposed arena for the teams.

HUNTER BIDEN CLAIMED HE DIDN'T ‘STAND TO GAIN ANYTHING’ IN CONTROVERSIAL BURISMA ROLE DESPITE MAKING MILLIONS

"Blue and yellow," someone answered. 

Bowser repeated "blue and yellow," before attempting to name the Metro lines that run to Gallery Place, the Metro station that serves Capitol One Arena, where the teams currently play in D.C.

"So, every line goes to Gallery Place, right? Red, blue, orange and yellow. Yellow? And green. Is that right? I think that's right," Bowser said, appearing confused.

WATCH: WHITE HOUSE SAYS BIDEN ‘PROUD’ OF HUNTER DESPITE MOUNTING LEGAL ISSUES, SUBPOENA DEFIANCE

The red, green and yellow lines are the only lines that run through D.C.'s Gallery Place station, and the yellow and blue lines are the only lines that run through Alexandria's Potomac Yards station.

Critics, notably from both sides of the aisle, quickly took to social media to blast Bowser, with some calling her comments "embarrassing," and others questioning whether she ever rode the Metro.

"You gotta be kidding me..." Republican strategist John Burke wrote, while Jason Johnson, communications director for Rep. Raul Grijalva, D-Ariz., wrote, "Our city leadership is an absolute embarrassment."

Thomas Falcigno, communications director for Rep. Eric Sorensen, D-Ill., questioned the last time Bowser rode the Metro, and Doug Stafford, the chief strategist for Sen. Rand Paul, R-Ky., described city leadership as a "clownshow."

SUPPORT FOR BIDEN IMPEACHMENT INQUIRY GROWS WITH A NOTABLE LEVEL OF DEMOCRAT BACKING: POLL

"Of course she doesn't. . . . She rides around in black cars with private security while the city burns," Daily Caller reporter Henry Rodgers wrote, while Politico's Anthony Adragna called Bowser's comments "astounding."

"This is so embarrassing," Punchbowl News' Jake Sherman added.

Republican Virginia Gov. Glenn Youngkin announced Wednesday that both teams would be moving out of D.C. and into a new $2 billion "world-class" entertainment complex in Alexandria.

The move comes as rising crime continues to grip D.C., but USA Today reported that a $36 million mortgage-type payment on the site has been weighing on the teams' owner, Ted Leonsis.

Fox News Digital has reached out to Bowser's office for comment.

Fox News' Greg Norman contributed to this report.

AOC defends Hunter Biden after refusal to testify before Congress; GOP just ‘story telling at this point’

Rep. Alexandria Ocasio-Cortez, D-New York, defended Hunter Biden on Wednesday amid criticism by Republicans after he refused to testify before lawmakers behind closed doors. 

The president's son was subpoenaed to appear before the House Oversight and Judiciary Committees. He instead held a press conference Wednesday on Capitol Hill in which he refused to sit for a deposition while declaring that his father was never involved in his business dealings. 

Republicans have threatened to hold him in contempt of Congress

HUNTER BIDEN WILL NOT SIT FOR DEPOSITION BY GOP, SAYS FATHER NOT ‘FINANCIALLY’ INVOLVED IN HIS BUSINESS

Ocasio-Cortez joined a press conference with fellow Democrats to criticize Republicans where she said Biden was attempting to comply with the subpoena. 

"It’s also important to note, that not only is the committee not allowing Hunter Biden to testify publicly, but they have not called a single witness, a single first-hand witness to any of their allegations," she said. "They haven’t allowed anybody to testify publicly, because they do not have a single witness to any of their alleged allegations. They don’t."

"We have asked virtually every single person that has come to testify for this committee, ‘Have you seen, witnessed, participated, in a room, anything with first-hand testimony of any of what is being alleged?'" And every single witness that they have called before us has said, ‘No, I haven’t seen anything, didn’t hear anything, wasn’t party to anything," she added.

WH SPURNS BIDEN FAMILY ‘CONSPIRACY THEORIES’ AHEAD OF LIKELY IMPEACHMENT INQUIRY VOTE, HUNTER BIDEN DEPOSITION

"So this is just story telling at this point."

During his press conference, Biden defended the president and said critics have "belittled my recovery, and they have tried to dehumanize me, all to embarrass my father, who has devoted his entire life to public service. For six years I have been a target of the unrelenting Trump attack team. ‘Where’s Hunter?’ Well, here’s my answer. I am here." 

"My father was not financially involved in my business," he said, saying the elder Biden was not involved in his dealings with Ukrainian natural gas firm Burisma Holdings, or his Chinese investments and others in the United States.

Oversight Committee Chair James Comer, R-Kentucky, and House Judiciary Chair Jim Jordan, R-Ohio, said they would start proceedings to hold Hunter Biden in contempt of Congress. 

"Today, the House will vote on an impeachment inquiry resolution to strengthen our legal case in the courts as we face obstruction from the White House and witnesses," both lawmakers said in a joint statement. "Today’s obstruction by Hunter Biden reinforces the need for a formal vote. President Biden and his family must be held accountable for their corruption and obstruction. And we will provide that to the American people."