Category: fox-news/us/us-regions/southwest/texas

Texas Attorney General Ken Paxton can be disciplined for suit to overturn 2020 election, court says

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AUSTIN, Texas (AP) — A Texas appeals court has ruled that Republican Attorney General Ken Paxton can face discipline from the state bar association over his failed effort to overturn the 2020 presidential election.

A disciplinary committee of the State Bar of Texas accused Paxton in 2022 of making false claims of fraud in a lawsuit that questioned President Joe Biden's victory. On Thursday, a three-judge panel of the 5th District Court of Appeals said Paxton can be sanctioned by the committee because the lawsuit seeks to punish him in his personal capacity as an attorney and not as a public official.

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"The focus of the Commission’s allegations is squarely on Paxton’s alleged misconduct — not that of the State," Judge Erin Nowell, an elected Democrat, wrote in the 2-1 opinion.

The lone Republican on the panel, Judge Emily Miskel, was in dissent.

A similar lawsuit was also brought against one of Paxton's top deputies. Earlier this week, a coalition of state Republican attorneys general urged the Texas Supreme Court to reject efforts by the bar to impose discipline. All nine members of the state's highest civil court are Republicans.

"As in that case, we will appeal this ruling and we have full confidence the Supreme Court of Texas will not allow false claims by the State Bar and partisan political revenge to affect professional licensure of the state’s lawyers," Paxton spokeswoman Paige Willey said in a statement.

A spokeswoman for the State Bar of Texas and the committee accusing Paxton declined to comment on the ruling.

Paxton is among the highest-profile attorneys to face a threat of sanctions for aiding in efforts led by former President Donald Trump to throw into question Trump's defeat.

The state bar's disciplinary group's punishments against an attorney can range from a written admonition to a suspension or disbarment. The disciplinary process resembles a trial and could include both sides eliciting testimony and obtaining records through discovery.

Paxton is not required to have bar membership in order to serve as attorney general.

State bar officials began investigating complaints over Paxton’s election lawsuit in 2021. A similar disciplinary proceeding was launched by the group against Paxton's top deputy. That case awaits a ruling by the Texas Supreme Court.

Spaced out: Sheila Jackson Lee tells Texas students ‘planet’ moon is ‘made up of mostly of gases’

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Rep. Sheila Jackson Lee, D-Texas, misinformed a group of high school students in Houston that the moon is a "planet" that is "made up mostly of gases."

Jackson Lee, who once led the House Science Committee’s space subcommittee, made several false statements that stunned a crowd of teenagers at Booker T. Washington High School in Houston during Monday’s solar eclipse.

"You’ve heard the word ‘full moon,’" Jackson Lee told the students who were with her on a sports field before the eclipse. "Sometimes, you need to take the opportunity just to come out and see a full moon is that complete-rounded circle, which is made up mostly of gases. And that’s why the question is why or how could we as humans live on the moon? Are the gases such that we could do that?"

The congressional representative continued, saying, "The sun is a mighty powerful heat, but it’s almost impossible to go near the sun. The moon is more manageable."

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Jackson Lee continued making several statements that were questionable. In one statement, she told students the moon not only reflects the sun’s light but also emits "unique light and energy."

"You have the energy of the moon at night," Jackson Lee said.

In another statement, she misstated how solar eclipses happen.

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"What you will see today, will be the closest distance that the moon has ever been in the last 20 years, which means that’s why they will shut the light down, because they will be close to the earth, which is an amazing experience," Jackson Lee said in a live video clip posted to her X account. "You will be able to tell because there will be complete darkness."

In the video, Jackson Lee tells students not to look at the sun directly, warning them that the eclipse was a serious matter and looking into the sun directly could mean students not being able to leave on their own, but instead, will be walked out while holding their arm.

In the clip, Jackson Lee is seen struggling to put the eclipse glasses on her face as students moved toward the sports field to watch the celestial event.

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She also spoke about being able to live and survive on the moon.

"I don’t know about you, I want to be first in line to know how to live and to be able to survive on the moon," Jackson Lee added. "That’s another planet which we’re going to see shortly."

On Tuesday, Jackson Lee turned to X to clear up statements she made to students after RNC Research shared a video clip of her misinforming students.

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"Obviously, I misspoke and meant to say the sun, but as usual, Republicans are focused on stupid things instead of stuff that really matters," she said. "What can I say though, foolish thinkers lust for stupidity."

Jackson Lee continued and said Republicans should focus on prenatal care, affordable housing and reduction of student loan debt.

"Also, I care more about these children who would not have experienced the eclipse in this enthusiastic manner," she added. "And I care more about protecting the rights of women and children than engaging in this kind of senseless dialogue.

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This is not the first time Jackson Lee has made questionable statements regarding science, let alone turned the misstep into a political issue.

In 1997, Jackson Lee visited NASA and demanded to see the flag that astronauts planted on Mars. She was gently advised that no human being had ever been to Mars because it was so far away.

She then went into a rage and accused the space agency of racism before pointing out her membership on the House science committee.

Jackson Lee also claimed during a floor speech in March 2014 that the U.S. Constitution was 400 years old.

While speaking in opposition to a Republican-backed proposal, she gave a brief history lesson. During the lesson, she thanked the GOP for "giving us an opportunity to have a deliberative constitutional discussion that reinforces the sanctity of this nation and how well it is that we have lasted some 400 years operating under a Constitution that clearly defines what is constitutional and what is not."

Jackson Lee was off by nearly 200 years old, as the Constitution was adopted in 1787.

Jackson Lee also has a history of being criticized as one of the "meanest" members of Congress to work for.

In a 2011 Daily Caller report, several former staff members accused Jackson Lee of using demeaning language and name-calling when addressing them.

"You stupid motherf----r," one former employee said Jackson Lee "constantly" called him, while another described an occasion her parents were visiting from out of town and overheard Jackson Lee call her a "stupid idiot" because of a scheduling change. "Don’t be a moron, you foolish girl," the former aide alleged Jackson Lee told her.

Others said she often forced them to work long hours, even into the early hours of the morning, and that she demanded to be driven by staff everywhere she went, regardless of how short the distance.

Brandon Gillespie of Fox News Digital contributed to this report.

Speaker Johnson meets Gov Abbott in Texas to talk border action, Mayorkas impeachment

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Speaker Mike Johnson, R-La., met with Texas Governor Greg Abbott on the latter’s home turf on Thursday, where they discussed the ongoing border crisis and the House GOP’s response to it.

The meeting came hours after Johnson revealed that the House of Representatives would send articles of impeachment against Homeland Security Secretary Alejandro Mayorkas to the Senate on April 10. 

"By opening the border to criminals, traffickers, and cartels, the Biden administration is actively endangering the American people, our families, ranchers, and law enforcement. When the federal government fails to perform its constitutional duty to protect our borders, states have no choice but to fill that role," Johnson said in a statement after the meeting.

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"Right now, we’re witnessing a gross abuse of power as Biden’s Department of Justice uses the judicial system to go after the state of Texas for attempting to safeguard its citizens. Texans, and all Americans, deserve better."

Johnson expressed support for Abbott’s efforts to secure the border between Texas and Mexico, the speaker’s office said, and that the two discussed ways to "hold the Biden administration accountable."

The Louisiana Republican also briefed Abbott on the House readying to transmit the impeachment articles to the Senate, Johnson’s office said.

Abbott, in turn, urged Johnson to "pass border security legislation that will help stop illegal crossings between ports of entry along the southern border," the governor’s office said.

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"The Governor also implored Speaker Johnson to support the state's ongoing fight against President Biden's attacks on Texas' historic border mission and his refusal to secure the border," Abbott’s office said.

Fox News Digital reached out to the White House for comment on the meeting.

Abbott has been in a standoff with President Biden for months over differing views on how to handle the migrant crisis at the border.

The White House has criticized Abbott and Texas officials for actions carried out under Operation Lone Star, which has included putting up razor wire at the border and transporting migrants to Democrat-run cities like New York and Chicago. Texas officials have accused the White House, however, of not doing enough to stop the migrant crisis on the federal level.

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House Republicans have similarly pressured Biden over the border crisis, repeatedly hammering him and Senate Majority Leader Chuck Schumer, D-N.Y., for failing to take up a strict border security bill, H.R.2, which Democrats have dismissed as a nonstarter.

Johnson sent a letter to Schumer on Thursday informing him that House impeachment managers would send the impeachment articles to his chamber on April 10 and urged him to hold a trial "expeditiously."

"As Speaker and impeachment managers of the U.S. House of Representatives, we write to inform you that we will present to you upon the Senate’s return, on April 10, 2024, the duly passed articles of impeachment regarding Department of Homeland Security Secretary Alejandro Mayorkas. We urge you to schedule a trial of the matter expeditiously," Johnson wrote alongside the 11 Republicans selected as impeachment managers.

Texas AG Ken Paxton cuts deal to pay $300K and avoid felony trial on fraud charges: ‘Happy to comply’

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Texas Attorney General Ken Paxton, a Republican, agreed to pay nearly $300,000 in restitution on Tuesday under a deal cut with federal prosecutors to terminate fraud charges that have been leveraged against him for nine years. Paxton had pleaded not guilty. 

Prosecutors announced the decision in a Houston courtroom just weeks before Paxton was set to face trial, where he could have faced 99 years in prison if found guilty. 

Paxton's attorney, Dan Cogdell, told Fox News Digital following the announcement that "the state finally realized that they could not prove the charges and simply made us an offer that I could not in good faith advise my client to turn down." 

"Anytime a prosecutor offers clear path to have all the charges against a client of mine dismissed, I am going to recommend they take that path. Only a fool would do otherwise," he said.

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Cogdell said in a press conference Tuesday that Paxton is "happy to comply with the agreement" and avoid a federal trial. 

"We're glad to have this behind us. Eighteen months from now, or perhaps shorter, the case will be dismissed. There will never be a conviction, and Ken Paxton, at least today, can begin to go back and do what he should have been doing all along and that is representing the state of Texas."

"This was a case we knew in fact from the beginning they couldn't prove … on year nine, we still know they couldn't prove," Cogdell said. "You don't go to trial to prove your innocence, the Constitution says the exact opposite of that." 

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In July 2015, before he became the state's top law enforcement officer, Paxton was indicted on charges of allegedly misleading and defrauding wealthy tech startup investors and failing to disclose that the startup was paying him to promote its assets.

A Texas grand jury indicted Paxton on two counts of first-degree securities fraud and a charge of not registering. Paxton was also fined in 2014 for not disclosing to Texas securities regulators that he was getting commissions for soliciting investors.

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The deal that gets Paxton off the hook, which requires him to pay full restitution to victims and complete 100 community service hours and 15 hours of legal education classes, is the second legal victory for the AG in recent months. 

In September 2023, Paxton was acquitted of all impeachment articles filed against him for corruption and unfitness for office. He had faced accusations that he misused his political power to help real estate developer Nate Paul — allegations that stemmed from a lawsuit filed by four former employees who reported him to the FBI. 

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Fox News' Chris Pandolfo and The Associated Press contributed to this report.

Texas AG Paxton teases primary challenge to Cornyn as senator announces leadership bid

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Embattled Texas Attorney General Ken Paxton, a Republican, teased a potential 2026 primary challenge to Texas Sen. John Cornyn after the lawmaker announced his bid to succeed Minority Leader Mitch McConnell come November. 

Paxton took to X, formerly Twitter, Wednesday night — prior to Cornyn revealing his intention to run for leader — addressing speculation about it. Paxton said the senator would have difficulty remaining in his role "since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026."

Despite Paxton's claim, Cornyn endorsed former President Trump for president last month, calling on Republicans to rally around him. 

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The attorney general's accusation of Cornyn being "anti-gun" is likely a reference to his involvement in crafting and bolstering the Bipartisan Safer Communities Act, a gun reform bill taken up following the Uvalde elementary school shooting in the Lone Star state. Cornyn pioneered the bill alongside senators Kyrsten Sinema, I-Ariz., Chris Murphy, D-Conn., and Thom Tillis, R-N.C.

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Paxton didn't note in his post who would be competing against Cornyn in a primary, but he also hasn't dismissed speculation he would challenge Cornyn. Representatives for Paxton did not respond to Fox News' inquiries about a potential Senate run. 

"Republicans deserve better in their next leader and Texans deserve another conservative Senator," Paxton wrote on X. 

"Hard to run from prison, Ken," Cornyn posted to X shortly afterward, referencing Paxton's legal trouble. In April, the attorney general heads to trial on charges related to securities fraud in a case that has been delayed since an initial indictment more than eight years ago. Paxton was acquitted late last year of 16 articles of impeachment that alleged various acts of bribery and corruption following a highly publicized Texas Senate trial. 

After McConnell's surprise announcement Wednesday that he would step down as Republican Senate leader, Cornyn told reporters, "Not today," noting the day "is about Mitch McConnell." But, he added, "I've made no secret about my intentions."

On Thursday morning, the Texas Republican announced his bid for leader of the Republican conference. 

"I am asking my Republican colleagues to give me the opportunity to succeed Leader McConnell," Cornyn said in a statement. 

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"I believe the Senate is broken — that is not news to anyone," he said. "The good news is that it can be fixed, and I intend to play a major role in fixing it."

Cornyn was the first to announce his campaign for the role, though several others are expected to join the race. 

Paxton responded to the news on X, posing a poll to his followers.

"John Cornyn has waved the white flag on election integrity, border security, protecting the 2nd amendment, and everything else constitutional conservatives care about. Do you think he's conservative enough to lead Republicans in the Senate?" Paxton asked. 

The poll had received more than 13,000 votes by the afternoon, with the overwhelming majority saying "No."

Cornyn's office declined to comment when reached by Fox News Digital.

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

Texas AG Paxton sues NGO aiding migrants, accuses it of encouraging illegal immigration

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FIRST ON FOX: Texas Attorney General Ken Paxton is suing a Catholic non-governmental organization operating in the state and wants to have its registration revoked, alleging that it is encouraging illegal immigration and operating a stash house for those entering illegally.

Paxton has sued Annunciation House — a Catholic nonprofit set up in the 1980s — and is seeking to revoke its registration to operate in Texas.

Annunciation House describes itself as a volunteer organization that "offers hospitality to migrants, immigrants, and refugees in El Paso, Texas."

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"Rooted in Catholic social teaching, the volunteers of Annunciation House live simply and in community, in the same houses as the guests we serve, who are mostly from Mexico and Central America," the group’s website says. "We also participate in advocacy and education around immigration issues. We seek to be a voice for justice and compassion, especially on behalf of the most marginalized of our society."

But Paxton’s lawsuit accuses the group of "openly and flagrantly violating many provisions of law in a systemic fashion." Specifically, it accuses it of providing shelter to illegal immigrants who have evaded law enforcement, of encouraging illegal immigration, of engaging in human smuggling and of operating a "stash house."

"Annunciation House appears to be engaged in the operation of an illegal stash house by potentially allowing others to use its real estate to engage in human smuggling," the lawsuit says.

Paxton’s office had requested records from the organization to evaluate potential violations of federal law. However, the organization in turn sued the AG’s office, seeking a restraining order and accusing it of making an impossible demand due to its limited volunteer staff and of violating its "constitutional rights of association."

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The lawsuit requests that its right to operate in Texas is terminated and also asks the court to appoint a receiver to liquidate its assets.

"The chaos at the southern border has created an environment where NGOs, funded with taxpayer money from the Biden Administration, facilitate astonishing horrors including human smuggling," Paxton said in a statement. "While the federal government perpetuates the lawlessness destroying this country, my office works day in and day out to hold these organizations responsible for worsening illegal immigration."

In a statement, Annunciation House said it "does its work of accompaniment out of the Gospel mandate to welcome the stranger."  

"This is no different from the work of schools who enroll migrant children, the clinics and hospitals who care for the needs of their ill, the churches, synagogues, and mosques who welcome their families to join in worship," a spokesperson told Fox News Digital. "For the Attorney General to suddenly attack Annunciation House after forty-six years of service to the poor is simply shameful."
 

The legal battle comes amid a broader fight between Texas, which has promoted border security and sought to block illegal immigrants entering the U.S., and the federal government, which has embraced the role of NGOs in processing and aiding illegal immigrants and has sought millions in funding from Congress for groups and communities that receive them.

There was a record 2.4 million migrant encounters in fiscal 2023, and December set a record for encounters with more than 301,000 in that month alone. The House last week impeached DHS Secretary Alejandro Mayorkas over his handling of the crisis. Articles of impeachment now go to the Senate for a trial.

Fox News' Aubrie Spady contributed to this report.

Texas AG Ken Paxton sues 5 cities over marijuana amnesty policies, cites drug’s reported links to ‘psychosis’

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Texas Attorney General Ken Paxton has filed lawsuits against five Texas cities – Austin, Denton, San Marcos, Killeen and Elgin – over their marijuana amnesty and non-prosecution policies. 

The litigation charges that the five municipalities adopted ordinances or policies instructing police not to enforce Texas drug laws concerning possession and distribution of marijuana, which the state attorney general's office describes as "an illicit substance that psychologists have increasingly linked to psychosis and other negative consequences."

"I will not stand idly by as cities run by pro-crime extremists deliberately violate Texas law and promote the use of illicit drugs that harm our communities," Paxton said in a statement Wednesday. "This unconstitutional action by municipalities demonstrates why Texas must have a law to ‘follow the law.’ It’s quite simple: the legislature passes every law after a full debate on the issues, and we don’t allow cities the ability to create anarchy by picking and choosing the laws they enforce."

The ordinances notably prevent city funds from going toward or personnel from even testing suspected marijuana seized by police officers, with limited exceptions. 

The attorney general's office said Paxton "remains committed to maintaining law and order in Texas when cities violate the lawful statutes designed to protect the public from crime, drugs, and violence. He continues to seek accountability for the rogue district attorneys whose abuse of prosecutorial discretion has contributed to a deadly national crimewave." 

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The lawsuits stress that Texas Local Government Code forbids any political subdivision from adopting "a policy under which the entity will not fully enforce laws relating to drugs." Further, the Texas Constitution notes that it is unlawful for municipalities to adopt ordinances that are inconsistent with the laws enacted by the Texas Legislature (Article 9, Section 5). 

Namely, with the Democratically-run city of Austin, Paxton's lawsuit takes issue with an order that became effective on July 3, 2020, instructing the Austin Police Department not to make an arrest or issue a citation for marijuana possession unless in the investigation of a violent felony or high priority felony-level narcotics case. 

A ballot measure known as Proposition A to further eliminate low-level marijuana enforcement later won the vote in 2022, and the City Council codified it into law as the Austin Freedom Act. 

In addition to limiting police from filing marijuana possession charges unless they come as part of a high-level probe or at the direction of a commander, the measure also states that no city funds or personnel shall be used to request, conduct, or obtain tetrahydrocannabinol (THC) testing of any cannabis-related substance, except in some limited circumstances. It adds the caveat that the prohibition shall not limit the ability of police to conduct toxicology testing to ensure public safety, nor shall it limit THC testing for the purpose of any violent felony charge.

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Austin, Denton, San Marcos, Killeen and Eligin are all considered "home-rule" jurisdictions, meaning they have the "full power of self-government" and do not need grants from the state legislature to enact local ordinances.

In Killeen, located next to the once embattled Fort Hood, since renamed Fort Cavazos, voters approved a Proposition A of their own in 2022. 

It similarly states that officers should not make arrests for marijuana possession or drug residue alone. If there is probable cause to believe a substance is marijuana, officers can seize the substance. But the ordinance requires that police then also write a detailed report and release the individual if possession of marijuana is the sole charge. 

In Denton, located in the Dallas Fort-Worth metro area, another similar measure enacted by City Council known as Proposition B says officers cannot issue citations or make arrests for Class A or B misdemeanor marijuana possession. Elgin, considered a suburb of Austin, and San Marcos, which sits on the corridor between Austin and San Antonio, also both adopted similar ordinances designed to stifle marijuana enforcement in conflict with state law, according to Paxton's lawsuits.

The litigation comes after headline-making news out of California, where a judge recently ruled a woman who stabbed her boyfriend 108 times before slicing her own neck as police tried to stop her will not serve any prison time because she had fallen into a pot-fueled psychosis after getting high on drugs at the time. 

Though unrelated, the marijuana lawsuits were filed just a day after the Texas Supreme Court on Tuesday agreed to temporarily halt Paxton's scheduled testimony in a whistleblower lawsuit that was at the heart of the impeachment charges brought against him in 2023, delaying what could have been the Republican’s first sworn statements on corruption allegations. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Texas lawmaker calls for AG Ken Paxton impeachment inquiry to be reopened

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A Texas state senator wants to reopen the impeachment case against state Attorney General Ken Paxton.

State Sen. Drew Springer, a Republican from Muenster, urged his colleagues in the Texas Senate to take a second look at impeachment charges against Paxton after the attorney general said he would not contest allegations in a whistleblower lawsuit. 

"He cannot admit guilt while claiming innocence," Springer wrote on X. "I urge the Lt. Gov & my Senate colleagues to consider reopening Paxton's impeachment. Paxton has not only admitted to violating the articles of impeachment, but he is exposing Texas taxpayers to a settlement of WELL OVER $3.3M. Texans deserve the truth!"

Paxton was acquitted in September of all impeachment articles filed against him for corruption and unfitness for office. He had faced accusations that he misused his political power to help real estate developer Nate Paul — allegations that stemmed from a lawsuit filed by four former employees who reported him to the FBI. 

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The whistleblowers — Blake Brickman, Ryan Vassar, Mark Penley and David Maxwell — claimed that they were unjustly terminated for reporting Paxton. 

Springer voted for Paxton's acquittal on 16 impeachment charges at trial in September. However, he now says that "recent developments have made me question whether AG Paxton and his legal team misled the Senate." 

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What happened? Last week, the Office of the Attorney General said in a court filing it could "obtain a verdict in this case in its favor," but instead moved to settle the lawsuit to "stop the self-aggrandizing political weaponization of our State’s courts by rogue employees who have what seems to be a monomaniacal goal to undermine the will of the voters," FOX 7 Austin reported.

"Doing so precludes further unwarranted expense to the people of the State of Texas as well as the disruption to the State’s principal law enforcement arm — the time and personnel of which are more appropriately dedicated to the business of the State of Texas and not the personal, political agenda of four rogue, former employees," the filing states.

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In the filing, Paxton stated, "OAG hereby elects not to contest any issue of fact in this case, as to the claim or damages." 

Springer argues this amounts to an admission of guilt that should be reviewed by the legislature.

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"While AG Paxton claims this decision is not an admission of guilt, the fact of the matter is it is an admission of guilt. He can't accept the whistleblower's claims against him while touting that he's innocent against those very claims," Springer said. 

The Office of the Attorney General did not immediately respond to a request for comment.

Mayorkas blames Mexico, Congress for historic border surge; calls for more funding and ‘reform’

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Department of Homeland Security Secretary Alejandro Mayorkas visited Eagle Pass, Texas on Monday to discuss the ongoing crisis at the southern border.

During a press conference, Mayorkas acknowledged there were unprecedented levels of illegal crossings that put "tremendous stress on our broken immigration system [and] our under-resourced facilities." 

"Our immigration system is outdated and broken and has been in need of reform for literally decades," Mayorkas said. 

He called on Congress to provide additional funding for more officers and judges who can resolve asylum claims quickly. Mayorkas also blamed historic surges in December on a lack of funding for the Immigration Enforcement Agency in Mexico. 

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The comments came days ahead of an impeachment hearing into the DHS Secretary over his handling of the southern border. Under his watch, hundreds of thousands of migrants crossed into the U.S., with Customs and Border Patrol (CBP) sources telling Fox News Digital last month that there were more than 276,000 migrant encounters near the end of December, setting a new record for crossings in a month. 

The previous record was set in September when officials saw 269,735 encounters. The number includes illegal immigrants encountered between ports of entry and migrants entering at ports of entry via the CBP One app.

If impeached, Mayorkas would be the first Cabinet secretary to receive the black mark since 1876. 

In Eagle Pass, Mayorkas pushed back on the notion that DHS was not enforcing the border. 

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"Some have accused DHS of not enforcing our nation’s laws. This could not be further from the truth," Mayorkas said. "There is nothing I take more seriously than our responsibility to uphold the law and the men and women of DHS are working around the clock to do so." 

He noted that, through the end of the fiscal year, "DHS removed or returned more noncitizens without a basis to remain in the United States than in any other five-month period in the last ten years." 

"In fact, the majority of all migrants encountered at the Southwest border throughout this administration have been removed, returned, or expelled," he said. 

The comments appeared to be at odds with remarks he made earlier during a private meeting with agents in Eagle Pass, admitting to Border Patrol agents that the current rate of release for illegal immigrants apprehended at the southern border is "above 85%." 

As officials continue to be overwhelmed at the U.S. border, many court dates for asylum claims are being set years into the future including, in one case, as late as 2031.

Senate negotiators met Monday morning as they raced to finish work on the legislative text for a bipartisan border security proposal aimed at reducing the number of migrants who travel to the southern border to apply for asylum protections in the U.S.

The small group of senators has been working for months on the legislation after Republicans insisted on pairing border policy changes with supplemental funding for Ukraine, but disagreements remained.

The Biden administration has also been directly involved in the talks as the president tries to both secure support for a top foreign policy priority — funding Ukraine's defense against Russia — and demonstrate action on a potential political weakness — his handling of the historic number of migrants seeking asylum at the U.S. border with Mexico.

Biden has faced staunch resistance from conservatives to his $110 billion request for a package of wartime aid for Ukraine and Israel as well as other national security priorities. In the Senate, Republicans have demanded that the funding be paired with border security changes.

Fox News’ Houston Keene and Adam Shaw contributed to this report.