Wisconsin governor expected to approve bill for early processing of absentee ballots

Democratic Gov. Tony Evers said Thursday that he will sign into law a bill that would allow Wisconsin elections officials to process absentee ballots the day before an election if the Republican-controlled Legislature passes the measure in its current form.

The Republican-backed proposal, which was up for a vote in the state Assembly on Thursday, is intended to ease the workload of local clerks and their staff, who run elections, and prevent ballot-counting from stretching late into election night. The state Senate would also need to pass it before it would go to the governor.

Evers and the Republicans who control the Legislature have seldom found common ground on elections proposals. The governor has vetoed numerous GOP-sponsored elections bills in recent years that he said would make it harder to vote.

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"Gov. Evers will veto any bill that enables politicians to interfere with our elections or makes it harder for eligible Wisconsinites to cast their ballot, but if there are common-sense proposals that help ensure Wisconsin’s elections continue to be fair, secure, and safe, he’ll certainly consider signing them," Evers' spokesperson, Britt Cudaback, said in a statement.

Under the bill, elections workers would not be allowed to count votes until after polls close on election day, but they could work ahead to check ballot envelopes for necessary information, verify voter eligibility and take ballots out of envelopes to prepare them for tallying.

Currently, Wisconsin elections workers cannot process absentee ballots until polls open at 7 a.m. on election day. This has led to long processing times for larger cities such as Madison and Milwaukee, sometimes causing swings in initial tallies when large batches of election results are reported late at night. Former President Donald Trump and election skeptics have falsely claimed that those so-called ballot dumps are the result of election fraud.

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The Legislature has rejected similar proposals that would have allowed early ballot processing in recent years, despite them receiving bipartisan support. The bill up for a vote on Thursday, which also includes new reporting requirements for local elections officials on election night, was not sponsored by any Democratic lawmakers.

Evers proposed allowing early ballot processing in his budget proposal earlier this year, but that plan was scrapped by Republicans.

If the bill up for a vote Thursday passes in its current form without any "poison pill" additions from the Legislature, Evers will sign it, Cudaback said.

"Gov. Evers for years has proposed allowing county and municipal clerks to begin canvassing absentee ballots the day before an election and is glad to see this effort finally has bipartisan support," she said.

Former Democrat offers advice for Texas mayor under fire for ditching Dem Party to join GOP

EXCLUSIVE: A Democrat-turned-Republican congressman has advice for Dallas Mayor Eric Johnson, who also decided to switch parties and become a Republican last week: Follow your "heart" and your "brain."

Speaking with Fox News Digital as the four-year anniversary of his own party flip draws nearer, Rep. Jeff Van Drew, R-N.J., said he appreciated that Johnson came to the "same conclusion" as he did that the Democratic Party of years past was simply "no more."

"I appreciate what he did, and, as the mayor of Dallas, he came to the same conclusion that I did. He just didn't fit into the party anymore," Van Drew said. "You know, I was just constantly arguing, voting against all the different things they wanted to do. And it climaxed with the Trump impeachment, which was baseless and false."

"What they've done to our Department of Justice, what they've done to our FBI, what the attorney general has done, what the FBI director has done, what our secretary of state did and still does, all of this is awful," he added. "[Johnson] knows that this is wrong, and he came to the right conclusion. And I'd tell him to follow his heart and his brain and he will be fine."

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When asked if he had any regrets about switching parties in 2019, Van Drew gave the simplest of answers: "Not even in the slightest."

"The more I see and the more I hear, the happier I am that I have changed," he said. "I'm a conservative. There used to be room for something called a Blue Dog Democrat, a conservative Democrat. Those times are no more. I want people to know who are watching this, there is no longer really a conservative branch of the Democratic Party."

"This is not your mother's and father's or grandmother's or grandfather's Democratic Party. This is an extremely left-wing socialist party that wants to completely change our republic and completely destroy the American experience. So, I am happy that I changed," he added.

Van Drew said his strong feelings does not mean that Republicans, or anyone for that matter, are perfect, but it is a necessity to have "love of the United States of America in your heart and soul."

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"You have to believe in this great republic. And those are the kinds of elected officials and senators and congresspeople that we need," he said.

After news broke last week that Democrat New Jersey Sen. Bob Menendez was facing a federal indictment on bribery and corruption charges, which he denies any wrongdoing, Van Drew, who represents New Jersey's 2nd Congressional District, confirmed he was "strongly considering" a run to unseat him.

Van Drew told Fox that, beyond Menendez's alleged crimes, New Jerseyans are "tired" of high taxes, Democrats interfering in the relationship between parents and children, policies that degrade law enforcement, the amplification of "woke" culture in the military, and the controversial subjects being taught to children in schools.

"This is unbelievable stuff. And New Jerseyans by and large — yes, it's a blue state, but they're hard-working, good people that pay an awful lot in taxes and are trudging through life — they're sick of it. So, it's more than just about me. It really is about the United States of America. It really is about the state of New Jersey," he said, noting that it has been more than 50 years since the state put a Republican in the Senate.

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"So, I'm going to think about it, you know, very seriously. I'm going to work my way through — it requires speaking to my closest friends. It requires speaking to my family and my advisers and other folks. I want to do this carefully and I want to make sure right now, though, I am focused on my job as South Jersey's congressman," he said.

However, Van Drew dismissed any timeline for when he might make a decision on a potential run.

"I'm going to think about it long and hard, make sure I'm doing the right thing for the country, the right thing for New Jersey and the right thing for my congressional district. I love my congressional district, so it is all very, very important to me. And I'm going to make sure that I do the right thing," he said.

Federal investigators floated sex trafficking charges against Hunter Biden, doc shows

Federal investigators floated sex trafficking charges against Hunter Biden, according to a document released by Republican members on the House Ways and Means Committee.

The committee obtained the document as part of its Hunter Biden investigation. It released a large batch on Wednesday to coincide with the House Oversight Committee's first impeachment inquiry hearing against President Biden on Thursday.

According to the document, Jack Morgan, an IRS tax crimes prosecutor, in October 2020 sent nine cases regarding Hunter Biden and prostitutes to Assistant U.S. Attorney Lesley Wolf.

TEXTS SUGGEST BIDEN REQUESTED MEETING WITH SON'S CHINESE BUSINESS PARTNER AFTER COMPANY PAID HUNTER MILLIONS

Morgan highlighted several instances of Hunter Biden paying escorts to journey from New York and Boston to Los Angeles for sex, the Washington Free Beacon reported. Wolf sent the list to her associates, but the matter appears to have concluded there. 

The House Ways and Means Committee included the document within hundreds of IRS whistleblower records it released before the first impeachment inquiry. 

The House Oversight Committee held its first impeachment inquiry hearing Thursday, delving into President Biden and his alleged involvement in his son Hunter's foreign business dealings.

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Oversight Committee Chairman James Comer alleged they have a "mountain of evidence" indicating that President Biden had previously leveraged his public office for personal gain for his family.

"The bottom line is that the committee has shown the Bidens alone brought in over $15 million in their foreign influence peddling, over $24 million if you account for their associate's earnings from the schemes," Comer said.

"We have established in the first phase of this investigation where this money has come from: Ukraine, Romania, Russia, Kazakhstan, China; it didn't come from selling anything legitimate," he continued. "It largely went unreported to the IRS. It was funneled through shell companies and third parties to hide the Bidens' fingerprints."

"This deserves investigation," he added. "This deserves accountability. The American people expect this committee to investigate public corruption."

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Comer also outlined the committee's next steps in the inquiry.

"Now we know much of the money goes. Hunter Biden, Haley Biden, James Biden, Sarah Biden, other Biden family members and their business entities," Comer said. "What we need to understand is where it goes next. That is the question this committee has to answer. And the evidence supports that next step."

Comer issued subpoenas for the bank records of Hunter Biden and his uncle, James Biden, and their affiliated companies on Thursday. 

Democrats’ new Hunter Biden talking point: Biden only guilty of being a loving father

House Democrats are now claiming that President Joe Biden actually is guilty - of loving his son Hunter.

The House Oversight Committee held an impeachment inquiry hearing Thursday that delved into the relation to between President Biden and his involvement in his son Hunter's foreign business dealings.

Democrat Reps. Maxwell Frost, D-Fla., and Jasmine Crockett, D-Texas., fumed at House Republicans during their 5-minute remarks, attempting to argue that the president is innocent on the basis that he is just "a father."

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"This entire fake impeachment inquiry isn't about the United States; it's about Hunter Biden. And the only thing the president can be guilty of here is being a father," Bowman said during the hearing.

After using up most of her time shifting the focus from Biden to former President Donald Trump, Crockett also claimed that Biden is nothing but "guilty of loving his child unconditionally."

"Tell you what the president has been guilty of. He has unfortunately been guilty of loving his child unconditionally, and that is the only evidence that they have brought forward. And honestly, I hope and pray that my parents love me half as much as he loves his child."

HUNTER BIDEN'S $250K WIRE FROM CHINA LABELED AS A ‘PERSONAL INVESTMENT’

House Republicans launched the inquiry pledging to provide "accountability" as they investigate Biden family finances and business dealings. 

Oversight Committee Chairman James Comer alleges they have a "mountain of evidence" indicating that President Biden had previously leveraged his public office for personal gain for his family.

"The bottom line is that the committee has shown the Bidens alone brought in over $15 million in their foreign influence peddling, over $24 million if you account for their associate's earnings from the schemes," Comer said.

"We have established in the first phase of this investigation where this money has come from Ukraine, Romania, Russia, Kazakhstan, China; it didn't come from selling anything legitimate," he continued. "It largely went unreported to the IRS. It was funneled through shell companies and third parties to hide the Biden's fingerprints."

"This deserves investigation," he added. "This deserves accountability. The American people expect this committee to investigate public corruption."

Comer then outlined the committee's next steps in the inquiry.

"Now we know much of the money goes -- Hunter Biden, Haley Biden, James Biden, Sarah Biden, other Biden family members and their business entities," Comer said. "What we need to understand is where it goes next. That is the question this committee has to answer. And the evidence supports that next step."

Comer said he would subpoena the bank records of Hunter Biden, James Biden and their affiliated companies.

Legal experts weigh in on Menendez indictment, suggest ‘monster’ charges point to likely conviction

Sen. Bob Menendez, D-N.J., has found himself caught up in a wave of legal troubles, and multiple legal experts told Fox News Digital that the "monster" indictment and strong evidence presented against him last week could likely result in a conviction at trial.

The Menendez indictment alleges that the senator and his wife, from at least 2018 through 2022, "engaged in a corrupt relationship" with three New Jersey businessmen.

"Today, I'm announcing that my office has obtained a three-count indictment charging Sen. Robert Menendez, his wife, Nadine Menendez, and three New Jersey businessmen, Wael Hana, Jose Uribe and Fred Daibes, for bribery offenses," U.S. Attorney Damian Williams for the Southern District of New York said at a press conference on Friday.

"I'm hard-pressed to think of an honest explanation for a senator having that amount of cash, gold and other items of value," said Philip Holloway, a criminal defense attorney and former assistant district attorney. "This case will be very difficult, if not impossible, to defend. I think this is the end of Menendez' time in the Senate and his days of breathing free air are likewise coming to an end."

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"Prosecutors went out of their way to be very specific and to even show some of the evidence and fruits of the alleged crime, such as cash and gold bars. Undoubtedly, there is more to this case that they have not yet revealed," Holloway added. "I suspect there may be audio recordings obtained via wire taps, electronic communications such as emails and text messages, and witness testimony from people with direct knowledge of relevant matters. In short, the indictment appears to be very strong."

According to the indictment, the couple accepted "hundreds of thousands of dollars of bribes in exchange for using Menendez's power and influence as a senator to seek to protect and enrich Hana, Uribe, and Daibes and to benefit the Arab Republic of Egypt."

The alleged bribes included gold, cash, payments toward a mortgage, compensation for a low-or-no-show job, a luxury car and "other things of value."

After an investigation began, Menendez disclosed that in 2020 his family accepted gold bars.

According to prosecutors, Menendez gave sensitive U.S. government information to Hana, an Egyptian-American businessman who "secretly aided the Government of Egypt."

Menendez allegedly pressured an official at the Department of Agriculture with the goal of protecting a business monopoly granted to Hana by the Egyptian government. In return, Hana allegedly kicked back profits from the monopoly to Menendez, the indictment states.

FBI agents found "approximately $500,000 of cash stuffed into envelopes in closets" and jammed into the senator's jacket pockets while executing a search warrant at Menendez's home, Williams said during the press conference.

Similar to that of Holloway, Joseph Tully, a criminal defense attorney out of San Francisco, said the "monster" indictment is "very strong" and concerning for Menendez.

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"The indictment charges Robert Menendez, his wife, Nadine Menendez, as well as three businessmen, Wael Hana, Jose Uribe and Fred Daibes, who are accused of being co-conspirators," Tully said. "Sen. Menendez faces up to 45 years if convicted of all charges."

"The indictment is very strong. Why? Because there is physical evidence presented in the indictment itself that you can put your finger on that points strongly to guilt," he added.

Like others who have processed the charges against the senator, Tully believes the case involving Menendez will be a "lengthy process."

"If I had to predict, I would say that the case will settle before trial in order to minimize incarceration time for Sen. Menendez, but this will be a lengthy process in part because the two sides will have to sort out what is real and what is overblown in the indictment," he said. "The government prosecutors will not want to budge, so the defense will have to keep hammering them with any investigation that they produce, which can undermine the prosecution’s accusations."

Echoing Holloway and Tully, David Gelman, a criminal defense attorney and former prosecutor, told Fox he believes, based on what has been revealed, that Menendez "should be very concerned right now about these charges."

Speaking to its strength, Gelman said the indictment "appears to be anchored by physical evidence" recovered from the senator's home.

Gelman also outlined how a prolonged Menendez downfall could impact the New Jersey Senate election next cycle should he not resign.

"The charges are extremely serious and directly touch upon his public office. However, it's not the first time the senator has faced such allegations. If he were to resign, then the governor could appoint a replacement until the end of his term," said Gelman. "If convicted, or if it keeps going, which it will, the Senate will go through impeachment hearings in the event he doesn’t resign. If he does not, and with an election looming, this could assist any Democrat challenger in the primary."

Making a similar point about the 2024 election, Tully said, "Looking at the political landscape, the Democrats will likely rally around their colleague and keep him in his post for as long as possible."

"They will most likely take a wait-and-see approach to any congressional sanction or discipline and wait until the criminal action has run its course," Tully added.

Gerard Filitti, senior counsel at The Lawfare Project, said the indictment "paints a pretty detailed, well-documented and damning picture of alleged malfeasance by the chairman of the powerful Senate Foreign Relations Committee, acting illegally for the benefit of a foreign government."

"At a time when the Department of Justice is under scrutiny for what some call a two-tiered system of justice, the allegations that Sen. Menendez sought to influence state and federal prosecutions in exchange for cash are particularly troubling," said Filitti. "That Menendez was advising the president on whom to nominate as a United States attorney also calls to question the impartiality of the federal criminal justice system."

Discussing Menendez's fate, as compared to past cases presented against the senator, Filitti said the evidence outlined in the indictment "speaks to a higher likelihood that [Menendez] would be convicted at trial."

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In agreement with many of her counterparts, Alexandra Wilkes, an attorney and Republican strategist, said she believes the "strong indictment" included "clear evidence of accepting bribes for political favors."

"What is so shocking is the senator's arrogance and brazenness. Meetings were conducted in the open, and payments and gifts were accepted directly without even the slightest effort to conceal them," Wilkes said.

For Wilkes, it's too early to determine whether Menendez will face jail time or be removed from office, but she noted that the "gold bars" and "money in jackets" is "cartoonishly bad – even by New Jersey standards."

Others, including Ken Belkin, a criminal defense and civil rights attorney in New York, say that betting against the senator in this case is not a wise position to take.

"He beat one federal indictment against all the odds, I wouldn't necessarily bet against him," said Belkin. "There is a sense of mistrust regarding federal prosecution among a large segment of the population."

Pointing to "spousal privilege" and highlighting the fact that "communications between husband and wife are typically privileged," Belkin suggested that issue will be "fertile ground for the defense to assert that privilege in order to make a motion to suppress some of the government's evidence."

At least a dozen New Jersey and national Democrats have called on Menendez to resign from office in the wake of the indictment.

The calls ramped up after New Jersey Gov. Phil Murphy, a Democrat, said the allegations that Menendez accepted hundreds of thousands of dollars in bribes in exchange for favors were "deeply disturbing" and that Menendez should immediately step down. Should Menendez resign, Murphy would appoint an interim senator to serve until Menendez's current term ends in 2025.

"These are serious charges that implicate national security and the integrity of our criminal justice system," Murphy said Friday. The governor emphasized that Menendez is innocent until proven guilty but noted that "the alleged facts are so serious that they compromise the ability of Sen. Menendez to effectively represent the people of our state. Therefore, I am calling for his immediate resignation."

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Menendez, who temporarily stepped down from his chairmanship of the Senate Foreign Relations Committee, has denied all wrongdoing and insisted that he will not resign.

"Those who believe in justice believe in innocence until proven guilty. I intend to continue to fight for the people of New Jersey with the same success I’ve had for the past five decades," Menendez said in a statement. "This is the same record of success these very same leaders have lauded all along. It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat. I am not going anywhere."

Fox News' Chris Pandolfo and Adam Sabes contributed to this report.

The Speaker’s Lobby: The Hitchhiker’s Guide to a possible government shutdown

Government funding expires at 11:59:59 pm et on September 30.

And right now, House Republicans, despite holding the majority, can’t pass any spending bills by themselves.

The House has tried for two weeks to get clearance on a procedural vote for the House to even launch debate on a defense spending bill. That’s a measure most Republicans support. In fact House Speaker Kevin McCarthy, R-Calif., says he’s never heard a Republican articulate what’s wrong with the bill.

Republicans passed one of the 12 annual spending bills in July. And now Republicans have practically torpedoed their trial balloon package rolled out over the weekend. That plan would re-up government funding to avoid a shutdown for 31 days and attach language to bolster border security. The House had planned to vote on that bill Thursday

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It was a bad omen for a potential government shutdown when Republicans blew up their own procedural vote, blocking the House from beginning debate on the defense bill Tuesday.

"Is this another blow to you," yours truly asked McCarthy.

"You think it’s a blow. I just think it’s another challenge," replied McCarthy.

"Most Speakers are able to get their defense bills onto the floor," I countered.

"You assume it’s over," responded McCarthy. "I don’t quit."

McCarthy then warned that he would keep everyone here this weekend to vote.

"We’re going to vote on appropriations bills, whether they pass them or not," said McCarthy.

That is, if they can even bring them to the floor.

The votes have never caramelized for McCarthy in his efforts to get any spending measure up for debate recently.

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And therein lies the potential strategy for McCarthy.

It may look like defeat after defeat after defeat for McCarthy. And it is. But McCarthy has long-known where the solution to this impasse lies. The government may shut down. But the only path to keep the government open is a blend of Democrats and Republicans in the House and Senate. In fact, an interim spending bill to avert a shutdown could likely clear the Senate with 65 to 70 votes. A similar bill would move through the House with anywhere between 275 to 300-plus votes. For reference, the House approved the bill to suspend the debt ceiling in May with 314 votes. 

But McCarthy can’t pivot just yet to something else. He has to let his own GOP members fight it out among themselves. That’s why he gave a wide berth to the more centrist Republican "Main Street" Caucus and Rep. Scott Perry, R-Penn., the head of the Freedom Caucus, to cut a deal on the interim spending bill over the weekend. But that plan appears dead.

Nothing can pass the House right now. And, ironically, that might be what McCarthy needs.

To wit: McCarthy keeps the House here to vote on rules to bring up various procedural matters or the bills themselves. In the process, McCarthy is building a canon of evidence to show that there are 200-plus Republicans willing to vote yes on something – and a crew of five to 20 who will oppose just about anything.

It’s often a bad idea on Capitol Hill to keep members in Washington over a weekend when there aren’t things to pass or items to vote on. Lawmakers grow cranky and insolent. They sometimes then lash out at leadership for marooning them in Washington with little to show for it. In the case of the Freedom Caucus members, leaders have sometimes wanted to separate them. So tethering lawmakers to Washington with little to do often backfires.

But here, McCarthy may actually want people in Washington. It helps members hash things out and conjure their own ideas to end the standoff. McCarthy has publicly said he prefers to defer to Members. But heretofore, that approach hasn’t worked. 

In addition, it’s about the math.

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In the sense that there are about 200 Republicans who fully support McCarthy and five to 20 who aren’t completely on board. There is strength in numbers. The stasis in the House will start to draw the ire of the larger group. They already feel that the most extreme voices in the GOP are dragging the majority around by the nose. So, one could see infighting between McCarthy loyalists and those who oppose him. 

So what happens if the spending measures fail in the coming days? McCarthy will have shown that he was willing to fight and "never give up," as he often says. But the Speaker warned rank-and-file Republicans for days that unless the House passes something, it will likely get jammed by the Senate.

Since McCarthy can’t get votes to caramelize around any proposal to avoid a shutdown, it’s possible the Senate could cobble together an interim spending bill. That involves a lot of parliamentary mechanics. In fact, it may already be too late for the Senate to assemble a stopgap bill and break two filibusters to avoid a shutdown on October 1. But things are definitely a lot better these days in the Senate than the House. 

If that’s the case, McCarthy can tell his members that he tried and the House weakened its position by never passing a bill of consequence in the spending fight. Therefore, the House must accept whatever the Senate comes up with. 

This inherently weakens McCarthy’s stance. We don’t know if a government shutdown is inevitable. But it’s a near certainty that Rep. Matt Gaetz, R-Fla., or someone else will call for a no confidence vote in McCarthy’s leadership.

This is known as a "motion to vacate the chair." And while I’ve seen a lot of Congressional "shows" over the years, this program has never appeared in my TV Guide.

A "motion to vacate" could happen at any time – although it’s more likely to unfold if and when the House adopts an interim spending bill. A "CR" (short for Continuing Resolution, because it renews all old funding at present levels) appears to be the red line for McCarthy’s opponents. 

Here’s what happens if we get a "motion to vacate."

All it takes is one Member to call for a "motion to vacate." However, that motion is subject to a SECONDARY motion. McCarthy defenders would probably move to table (set aside) or refer the PRIMARY motion to committee (probably House Rules or Administration). If the SECONDARY motion prevails, the effort to "vacate the chair" is euthanized. There’s no threat to McCarthy.

But if the House DEFEATS the SECONDARY motion, the House then votes on the PRIMARY motion (the motion to vacate). If the House okays the motion to vacate, hold on to your hats.

All legislative traffic on the House floor stops. We are essentially back to January 3, the beginning of the Congress. The House can’t do anything on the floor until it elects a Speaker. Remember that it took 15 rounds in January to pick a Speaker. That process consumed five days and was the longest Speaker’s election since 1859. A potential Speaker’s race at this stage could take longer.

Remember, the winning candidate must receive an outright majority of all Members of the House WHO VOTE. 

That said, the House is in a different situation than it was in January. The House has sworn-in its Members. It has committees. So other activity may continue. But NOTHING on the floor until it picks a Speaker.

Here is the doomsday scenario: 

The government shuts down and the House is forced into an election for Speaker. But then the House struggles to elect a Speaker – EVEN IF IT HAS THE VOTES TO RE-OPEN THE GOVERNMENT.

Sigh.

Keep in mind that if the government shutters, it deems certain workers as "essential." But things like national parks close. And workers who are on the job aren’t paid. In fact, Congress usually must approve a resolution to provide back-pay to federal workers if they miss a paycheck.

Border Patrol, the Transportation Security Agency and air traffic controllers are required to work – even if they aren’t paid. However, air safety was one of the reasons the government re-opened in 2019 after a 35-day government shutdown which began in late 2018. 

A small group of air traffic controllers decided to stay home – paralyzing travel at major air hubs like Philadelphia, Atlanta, Newark, N.J., and at New York’s La Guardia airport. 

That "sickout" compelled the Trump Administration to relent and re-open the government.

Most lawmakers from both parties now believe the government is cruising toward a shutdown. The question is what are the aftershocks on Capitol Hill and for the Speaker.

NRA gets unanimous GOP backing in suit to dismantle governor’s ‘unlawful’ gun order

FIRST ON FOX: The National Rifle Association hit Democratic New Mexico Gov. Michelle Lujan Grisham with a lawsuit Thursday in the state's Supreme Court over an "unconstitutional" rule temporarily suspending open and concealed carry across Albuquerque and the surrounding county. 

"Please rescind your unlawful and blatantly unconstitutional orders and uphold your oath to defend the constitutional rights of those in Albuquerque and Bernalillo County. Until then, we’ll see you in court," NRA-ILA Executive Director Randy Kozuch wrote to Lujan Grisham on Thursday, according to a letter exclusively obtained by Fox News Digital. 

The suit, filed Thursday in the New Mexico Supreme Court, names Lujan Grisham, Chief of New Mexico State Police Troy Weisler and New Mexico Department of Health Secretary Patrick Allen. 

The NRA was joined by every single GOP state House and Senate member, along with retired law enforcement, the Republican Party of New Mexico and the Libertarian Party of New Mexico as petitioners. 

NRA SLAMS DEMOCRATIC GOVERNOR'S GUN ORDER, ISSUES HARSH ADVICE

The lawsuit argues Lujan Grisham's gun order is unconstitutional and unlawful, and called on the state's highest court to "issue an extraordinary writ invalidating" the order. 

Lujan Grisham temporarily suspended open and concealed carry laws in Bernalillo County, where Albuquerque is located, for at least 30 days in a public health order announced Friday. The governor cited the fatal shootings of a 13-year-old girl in July, a 5-year-old girl in August and an 11-year-old boy this month as motivation behind the rule. 

The governor has been hit with at least four other lawsuits over the order, all of which argue the rule defies the U.S. Constitution. On Wednesday, a federal judge appointed by President Biden blocked part of the public health order that suspended carrying firearms in public. 

Lujan Grisham argued following the judge's ruling that she will "stand up to protect families and children" from crimes involving guns. 

"I refuse to be resigned to the status quo. As governor, I see the pain of families who lost their loved ones to gun violence every single day, and I will never stop fighting to prevent other families from enduring these tragedies," she said. 

Lujan Grisham said when she announced the order that she anticipated legal challenges and raised some eyebrows over her remarks on the Constitution. 

"No constitutional right, in my view, including my oath, is intended to be absolute," Lujan Grisham told a reporter who asked whether it’s "unconstitutional" to order Americans not to exercise their right to bear arms.

Kozuch, the director of the NRA's lobbying arm, hit back in his letter to Lujan Grisham Thursday that the NRA "strongly disagrees" with her comment that her oath is not "absolute."

"You claim that your oath to uphold the rights covered by these amendments is ‘not absolute.’ The National Rifle Association strongly disagrees. New Mexicans and other law-abiding Americans visiting or travelling through Albuquerque and Bernalillo County have an absolute right to carry the firearm of their choosing to defend themselves and their families," he wrote. 

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The NRA pointed to the Second Amendment of the U.S. Constitution and Article II, Section 6 of the New Mexico state Constitution as both "clearly" protecting "the right of peaceable people to carry firearms for self-defense." 

Article II, Section 6 of the New Mexico Constitution states: "[n]o law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms."

Quickly following the announcement last week, Second Amendment groups, New Mexico residents, Democrats and even gun control activist David Hogg spoke out that the rule was unconstitutional. 

"In a shocking move, Governor Lujan Grisham is suspending Second Amendment rights by administrative fiat, ignoring the U.S. Constitution and the New Mexico Constitution," Kozuch told Fox News Digital earlier this week. 

"Instead of undermining the fundamental rights of law-abiding New Mexicans, she should address the soft-on-criminal policies which truly endanger its citizens," he added. 

Kozuch again stressed in his letter Thursday that the governor should "hold criminals responsible" for spreading violence, and highlighted that even the governor admitted in her press conference last week that criminals would not follow the 30-day gun ban. 

"When announcing these orders, you claimed that they are meant to deal with the very real problem of violent crime in Albuquerque and Bernalillo County. Yet, in the very press conference where you made that claim, you admitted that the criminals responsible for that rising violence will not follow these orders," he wrote. 

"The NRA urges you to hold criminals responsible for the damage they inflict, but we will not stand by as you attempt to blame and restrict the rights of peaceful Americans who simply want to protect themselves, their families, and their community."

NEW MEXICO GOV. GRISHAM SWIPES AT FELLOW DEMOCRAT WHO CALLED HER GUN CARRY BAN UNCONSTITUTIONAL

The governor's press secretary Caroline Sweeney told Fox News Digital on Sunday that the "order does not suspend the Constitution but instead state laws over which the governor has jurisdiction." Sweeney added that the governor "was elected to serve the people of New Mexico, and not a day goes by that she doesn’t hear from a constituent asking for more to be done to curb this horrific violence."

Before the lawsuits against the order grew larger Thursday, New Mexico Attorney General Raul Torrez distanced himself from the governor, telling her he would not defend her administration in court. 

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"Though I recognize my statutory obligation as New Mexico's chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence. Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster," Torrez wrote in his letter to Lujan Grisham this week. 

The governor also does not have support from the Bernalillo County Sheriff, who called the order "unconstitutional," while Bernalillo County district attorney, the Albuquerque police chief, and Albuquerque mayor have all said they won’t enforce the order. Lujan Grisham said the state police would enforce the order, and that violations could carry a fine of up to $5,000.

Hunter Biden could face up to 25 years in prison on federal gun charges

President Biden's son, Hunter Biden, was indicted Thursday on federal firearm charges and could face up to 25 years in prison, according to court documents.

Biden is facing three criminal counts, including making a false statement in the purchase of a firearm, which carries a maximum of up to 10 years in prison, a $250,000 fine, and three years of supervised release, the documents show.

The second count, a false statement related to information required to be kept by a federal firearms licensed dealer, can garner up to five years in prison, a $250,000 fine, and three years of supervised release.

HUNTER BIDEN INDICTED ON FEDERAL GUN CHARGES

The third count, possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance, can land up to a maximum of 10 years in prison, a $250,000 fine, and three years of supervised release, according to the documents. 

The counts combine to carry a maximum of 25 years in prison and a $750,000 fine. Special counsel David Weiss, a Donald Trump appointee, has overlooked the investigation.

Hunter Biden's charges follow his collapsed plea agreement in July. At the time, he was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax as part of a plea deal to avoid jail time on a felony gun charge.

The news of the charges come amid a formal impeachment inquiry into President Biden. House Speaker Kevin McCarthy on Tuesday said House Republicans have "uncovered serious and credible allegations into President Biden's conduct" that will serve as the basis of an impeachment inquiry. 

"Today, I am directing our House committees to open a formal impeachment inquiry into President Joe," McCarthy announced in a statement at the Capitol Tuesday. "This logical next step will give our committees the full power to gather all the facts and answers for the American public." 

Hunter's lawyer blasted the "MAGA Republicans’ improper and partisan interference in this process" in a statement obtained by Fox News Digital.

"As expected, prosecutors filed charges today that they deemed were not warranted just six weeks ago following a five-year investigation into this case," Hunter Biden's lawyer Abbe Lowell said. "The evidence in this matter has not changed in the last six weeks, but the law has and so has MAGA Republicans’ improper and partisan interference in this process."

Hunter Biden possessing an unloaded gun for 11 day was not a threat to public safety, but a prosecutor, with all the power imaginable, bending to political pressure presents a grave threat to our system of justice," he continued. "We believe these charges are barred by the agreement the prosecutors made with Mr. Biden, the recent rulings by several federal courts that this statute is unconstitutional, and the facts that he did not violate that law, and we plan to demonstrate all of that in court."

August is often the strangest month in politics, and this year is no different

Beware the ides of August.

I have written that line since the late "aughts" here on Capitol Hill.

Shakespeare penned the line, "Beware the ides of March," in his play "Julius Caesar."

A soothsayer had warned the Roman leader to not let up his guard around the middle of the month. And as it turns out, that’s when Caesar was assassinated on the "ides of March" — March 15.

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What an omen.

Foreboding. Cursed. Ominous.

In fact, the entire month of March can sometimes appear that way meteorologically.

We use a different metric in politics and specifically on Capitol Hill. August shouldn’t be such a terrifying month. After all, it’s summer. But without a doubt, some of the most utterly strange and consequential political events form in August.

This is ironic in Washington. That’s because the House and Senate are usually out of session for most of August.

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But periodically, the vacuum of Congress being away from Washington actually generates its own news. That’s because some major issue may erupt, pressing Congress into meeting in August when it's not supposed to do so. Occasionally an event is so significant that lawmakers are summoned back to Washington to tackle a catastrophic issue.

Congress is long gone from Washington this August. Both the House and Senate abandoned the nation’s capital in late July. The House even cut town a day early after Republicans couldn’t reach consensus on approving an agriculture appropriations bill. So it would take a lot to siphon lawmakers back to town this August.

But real world events have a way of doing that.

Congress remained in session into early August in 2011 to wrestle with the debt ceiling. That coincided with the day that former Rep. Gabrielle Giffords, D-Ariz., miraculously returned to Congress just months after being shot in the head. And a few days later, Standard & Poor’s downgraded the credit worthiness of the federal government due to the debt ceiling drama.

Lawmakers returned in late August 2013 for intelligence briefings on Syria. Former President Obama was trying to engineer support for potential military action in and around Syria. But the votes on Capitol Hill never materialized.

The Democratically-controlled House famously failed to approve a crime bill in August 1994, when crime spiked around the nation. Democrats viewed adoption of the crime bill as key to their electoral success heading into the midterm elections. A few weeks later, Democrats successfully marshaled the votes, and recalled the House in late August to approve the crime bill.

As it turned out, Republicans tethered the bill to the Democrats and won the House that fall for the first time in 40 years.

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All because of what unfolded in August.

Something similar unfolded in August 2009. And, to a lesser degree, in August of 2010.

Congress was out for the month in 2009. But congressional Democrats were trying to pass Obamacare. Republicans met this effort with vitriolic town halls. The tea party was on the rise, opponents of the then-president and Republican loyalists showed up at town meetings to heckle and taunt Democrats. These raucous August sessions helped energize Republicans — especially after Congress approved the health care bill in March of 2010. Moreover, they captured a lot of news oxygen and dominated the headlines that August. That set the table for Republicans to win back the House in the 2010 midterms, capturing a staggering 63 seats.

All because of August.

In fact, Republicans began to hone this "August strategy" in the summer of 2008.

The House voted to leave for more than a month. Being a presidential election year, both Democrats and Republicans were holding their presidential conventions in August and early September.

But that didn’t stop Republicans from commandeering the House chamber on a daily basis to hold rump sessions and rail against the Democratic majority. House GOPers rotated a set of members on a daily basis — even dragging some members of the Capitol press corps into the chamber to observe the action. The GOPers would also bring in tourists. Republicans made sure they focused on their target: then-House Speaker Nancy Pelosi, D-Calif.

Republicans even claimed that Pelosi adjourned the House by herself and locked them out of the chamber. Never mind that roll call vote I mentioned earlier to adjourn for the conventions. And the speaker certainly didn’t lock anyone out. After all, the Republicans wouldn’t have made it into the chamber each day if the doors were locked.

But the rhubarb made a good show for Republicans in August 2008.

Sometimes non-political forces force Washington, D.C., into action in August. Congress returned to session in August 2006 after Hurricane Katrina pulverized the Gulf Coast.

Still, these episodes surrounding Congress in August pale to other major political news stories that emerged in August.

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The late President Truman dropped bombs on Hiroshima and Nagasaki in August 1945.

Martin Luther King Jr. delivered his "I Have a Dream" speech in Washington in August 1963.

President Nixon resigned in August 1974 as President Ford took over.

It was still August 31, 1983, in Washington (barely) when the Soviets shot down a Korean Air Lines flight, killing all 269 people on board. Among the dead: late Rep. Larry McDonald, R-Ga.

Late Rep. Mickey Leland. R-Texas and congressional aides died in a plane crash in August 1989.

Iraq invaded Kuwait in August 1990, teeing up the first Gulf War in 1991.

Princess Diana died in Paris in August 1997.

Russia invaded Georgia in August 2008 — a partial prelude to today’s war in Ukraine.

Late Sen. Ted Stevens, R-Alaska, died in a plane crash in August 2010.

A 5.8 magnitude earthquake centered in Virginia rocked Washington, D.C., damaging the Capitol complex in August 2011.

The white supremacist "Unite the Right" rally unfolded in Charlottesville, Virginia, in August 2017.

And so far, this August has been far from inconsequential.

Special Counsel Jack Smith indicted former President Trump on charges of trying to overturn the election and linking him to the Capitol riot on Aug. 1. Trump appeared in federal court in the shadow of the Capitol on Aug. 3.

Sandwiched between that was a wild scene on the Senate side of the Capitol on Aug. 2. U.S. Capitol Police searched the Senate office buildings, in pursuit of a potential active shooter. The episode frightened hundreds of congressional aides, workers, reporters and tourists, all in the Senate office buildings.

This all unfolds as there is chatter about another indictment looming for the former president in Georgia. And congressional Republicans are sure talking about trying to impeach President Biden when lawmakers return in September. There will be lot of talk about impeachment this August, even if it doesn’t result in impeachment for the president.

Discussion about impeachment for then-President Trump really accelerated in August 2019 — resulting in his first impeachment later that year. It wouldn’t have happened but for the events of that August.

And, much like S&P in 2011, credit rater Fitch downgraded the federal government’s credit ratings this August due to the debt ceiling drama of the spring. That sparked a market selloff.

So August is seminal in politics.

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We’re now approaching the middle of August. If history is our guide, beware the ides of August.

Even if the ides of March get most of the attention.

Hunter Biden’s rejected plea deal puts Justice Department in hot seat

President Biden's Justice Department is facing heat over developments that transpired during Hunter Biden's first court appearance on Wednesday. 

Hunter Biden's plead deal fell apart, and he pleaded "not guilty" as federal prosecutors confirmed he's still under federal investigation. The president's son was expected to plead guilty to two misdemeanor tax counts of willful failure to pay federal income tax as part of the plea deal to avoid jail time on a felony gun charge.

Critics have since set their sights on the Justice Department following the development. Mike Howell, director of the Oversight Project at the Heritage Foundation, said that "something is rotten in the state of Delaware, and the judge sniffed it out today."

HUNTER BIDEN PLEADS 'NOT GUILTY' AS PLED DEAL FALLS APART DURING DELAWARE COURT APPEARANCE 

"We're thrilled her reasoning tracked with the arguments we laid out in our brief to the Court," Howell told Fox News Digital. "Hunter Biden won't be able to use this sweetheart plea deal as a get out of jail free card for any charges that may arise from the ongoing investigation into him. And that means that President Biden didn't get a pass either." 

Paul Kemenar, counsel for the National Legal and Policy Center, said it's absurd that a multi-year Justice Department investigation ultimately resulted in misdemeanor charges.

"It's outrageous that after a five-year investigation of Hunter Biden, and the recent IRS whistleblowers' sworn testimony of a Justice Department coverup and obstruction, the best that the prosecutor can come up with is a couple misdemeanor charges and recommend probation as a slap on the wrist," Kamenar told Fox News Digital.

"Thankfully, Judge Norieka rejected the plea deal as we urged, but it remains to be seen if a new deal is agreed to," Kamenar added.

HUNTER BIDEN AGREES TO PLEAD GUILTY TO FEDERAL TAX CHARGES

Judicial Watch President Tom Fitton went even further and stated that the development should, at a minimum, lead to an impeachment inquiry targeting Attorney General Merrick Garland.

"If the DOJ had an ethical culture, this astonishing development would result in the resignations of US Attorney Weiss, Attorney General Garland and other responsible officials (such as the US Attorneys in CA and DC who helped subvert the prosecution), Judicial Watch President Tom Fitton said.

"This development lends added urgency to an impeachment inquiry targeting Biden and, at least, Garland," Fitton added. "And if a special counsel isn't immediately appointed by Garland to investigate Biden, Inc., one can further presume that Garland is criminally compromised."

Hunter Biden was also expected to enter into a pretrial diversion agreement regarding a separate felony charge of possession of a firearm by a person who is an unlawful user of or addicted to a controlled substance.

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Judge Maryellen Noreika pressed federal prosecutors on the investigation and questioned whether there was the possibility for future charges, and asked prosecutors if Hunter Biden was currently under active investigation. Prosecutors said he was, but would not answer specifically what the president's son is under investigation for.

During a contentious court hearing in a federal court in Wilmington, Delaware, federal prosecutor Leo Wise confirmed to Judge Noreika of the U.S. District Court for the District of Delaware that the DOJ is still investigating Hunter Biden over a potential FARA violation. According to the DOJ, a willful violation of FARA could result in a five-year imprisonment and $250,000 fine, or both.

"Yes," Wise stated after Noreika asked him whether the government could bring a charge against Hunter Biden related to FARA.

Prosecutors on Wednesday, though, said Hunter Biden pleading guilty to the two misdemeanor tax offenses would not immunize him from future charges. 

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Hunter Biden ultimately pleaded not guilty because Noreika could not accept the plea deal as constructed. She repeatedly expressed her concerns about the constitutionality of the diversion deal related to the felony gun charge, specifying that the main issue with the agreement was that if Hunter Biden breached the deal, the judge would need to make a finding of fact on the matter before the government could bring charges.