Fox News Politics: Texas’ (temporary) SCOTUS win

Welcome to Fox News’ Politics newsletter with the latest political news from Washington D.C. and updates from the 2024 campaign trail. 

What's happening? 

- Biden refuses to recognize his fifth granddaughter born out of wedlock 

- Congress reaches spending deal with White House

- Where do the Trump trials stand?

The Supreme Court on Tuesday allowed Texas to enforce a law that allows local police to arrest migrants suspected of crossing the border illegally – marking a significant, but temporary win for the state's efforts to control illegal immigration across the border. 

The ruling comes a day after the court extended a block on the state law at the request of the Biden administration, which sued to strike down the measure. The Biden administration argued that the law, known as Senate Bill 4 and signed by Gov. Greg Abbott in December, would usurp federal authority on matters related to immigration enforcement. It marks the most significant effort by a state to take control of enforcement since the Court struck down parts of an Arizona law in 2012.

The case now goes back to the Fifth Circuit again, which could again block the law again, setting up another Supreme Court battle. Abbott called the ruling a "positive development" while acknowledging that there will be hearings in the appeals court.

LEFT OUT: Biden fails to recognize fifth granddaughter born out of wedlock to Hunter …Read more

PULLING THE PLUG: House Republicans to introduce bill ending federal funding for med schools with DEI, 'race-based mandates' …Read more

A NEW PLAYER: House Democrats invite ex-Giuliani associate Lev Parnas as Biden impeachment inquiry hearing witness …Read more

FUNDING FIGHT: Congress reaches deal with White House on government funding …Read more

NO MORE AID: Lindsey Graham promotes Trump's Ukraine loan over foreign aid plan in Zelenskyy meeting …Read more

GETTING OUT ALIVE: Florida congressman helps 13 more Americans escape Haiti, swipes at Biden 'pattern of abandonment' …Read more

GOP BATTLE LINES: Trump, MAGA Republicans clash with establishment conservatives in key Senate primary …Read more

STRONG WORDS: Trump claims any Jew who votes Democrat 'hates their religion' after Schumer speech on Senate floor …Read more

SHOUTING AND SWEARING: Biden becoming increasingly frustrated and concerned over re-election efforts …Read more

'LASER-FOCUSED': Conservative groups unleash massive investment for battleground state's 'historic' vote-by-mail program …Read more

FAITH FIGHTER: Trump voters don't think he's very religious, but say he fights for religious communities: poll …Read more

REPORTING TO PRISON: Former Trump adviser Peter Navarro begins 4-month sentence for contempt of Congress …Read more

HIGHER RISK: Major cancer research group finds LGBTQ+ people have a higher risk …Read more

'READY TO ASSIST': Arkansas sends troops to Texas to help tackle migrant influx …Read more

TRUMP HUSH-MONEY CASE: Judge permits Michael Cohen, Stormy Daniels to testify …Read more

‘FRAUD’: Trump says 'disgusting' New York AG committed 'FRAUD' by allegedly convincing judge to undervalue Mar-a-Lago …Read more

TRUMP TRIALS: Where do all the cases against the former president stand? …Read more

‘UNCHARTED TERRITORY’: Legal experts weigh in on Trump’s options after failure to obtain $464M appeal bond …Read more

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Trump tells Supreme Court a denial of immunity would ‘incapacitate every future president,’ in initial brief

Former President Trump told the Supreme Court in his initial brief that he should be immune from criminal charges, arguing that a denial would "incapacitate every future president with de facto blackmail and extortion while in office," and would create "post-office trauma at the hands of political opponents." 

Trump, the presumptive GOP presidential nominee, and his legal team filed the 67-page brief to the high court on Tuesday. 

The Supreme Court will hear initial arguments on the issue of presidential immunity on April 25, after Trump argued that he should be immune from prosecution on charges stemming from Special Counsel Jack Smith’s investigation into alleged election interference in 2020 and Jan. 6. 

Smith’s trial is on hold pending the high court’s ruling, which is expected to be handed down in mid-June. 

"A denial of criminal immunity would incapacitate every future President with de facto blackmail and extortion while in office, and condemn him to years of post-office trauma at the hands of political opponents," the brief states. "The threat of future prosecution and imprisonment would become a political cudgel to influence the most sensitive and controversial Presidential decisions, taking away the strength, authority, and decisiveness of the Presidency." 

The brief lays out the case brought against Trump. 

SUPREME COURT AGREES TO REVIEW WHETHER TRUMP IMMUNE FROM PROSECUTION IN FEDERAL ELECTION INTERFERENCE CASE

"The indictment charges President Trump with five types of conduct, all constituting official acts of the President," the brief states. "First, it alleges that President Trump, using official channels of communication, made a series of tweets and other public statements on matters of paramount federal concern, contending that the 2020 federal election was tainted by fraud and irregularities that should be addressed by government officials." 

"Second, the indictment alleges that President Trump communicated with the Acting Attorney General and officials at the U.S. Department of Justice (DOJ) regarding investigating suspected election crimes and irregularities, and whether to appoint a new Acting Attorney General," it continues. "Third, the indictment alleges that President Trump communicated with state officials about the administration of the federal election and urged them to exercise their official responsibilities in accordance with the conclusion that the 2020 presidential election was tainted by fraud and irregularities."

TRUMP SAYS SUPREME COURT RULING IN COLORADO CASE IS 'UNIFYING AND INSPIRATIONAL'

"Fourth, the indictment alleges that President Trump communicated with the Vice President, the Vice President’s official staff, and members of Congress to urge them to exercise their official duties in the election certification process in accordance with the position, based on voluminous information available to President Trump in his official capacity, that the election was tainted by extensive fraud and irregularities," it states. "Fifth, the indictment alleges that other individuals organized slates of alternate electors from seven States to help ensure that the Vice President would be authorized to exercise his official duties in the manner urged by President Trump." 

The brief states that according to the indictment, "these alternate slates of electors were designed to validate the Vice President’s authority to conduct his official duties as President Trump urged." 

"President Trump moved to dismiss the indictment based on Presidential immunity," the brief states. "The district court wrongfully held that a former President enjoys no immunity from criminal prosecution for his official acts. The D.C. Circuit affirmed, likewise incorrectly holding that a former President has no immunity from criminal prosecution for official acts." 

The Supreme Court has agreed to hear the appeal. 

Trump's attorneys argue that "A former President enjoys absolute immunity from criminal prosecution for his official acts." 

"Criminal immunity arises directly from the Executive Vesting Clause and the separation of powers," the brief argues. "The Impeachment Judgment Clause reflects the Founders’ understanding that only a President ‘convicted’ by the Senate after impeachment could be criminally prosecuted. The Constitution authorizes the criminal prosecution of a former President, but it builds in a formidable structural check against politically motivated prosecutions by requiring a majority of the House and a supermajority of the Senate to authorize such a dramatic action." 

"The Founders thus carefully balanced the public interest in ensuring accountability for Presidential wrongdoing against the mortal danger to our system of government presented by political targeting of the Chief Executive," the brief states. "The long history of not prosecuting Presidents for official acts, despite ample motive and opportunity to do so over the years, demonstrates that the newly discovered alleged power to do so does not exist." 

TRUMP SPEAKS AFTER SUPREME COURT RULING, TELLS BIDEN TO 'FIGHT YOUR FIGHT YOURSELF'

Trump and his attorney argue that the "lack of historical precedent" provides "a telling indication of a severe constitutional problem with the asserted power."

Trump attorneys also argued that the impeachment judgment clause of the Constitution "confirms the original meaning of the Executive Vesting Clause — i.e., that current and former Presidents are immune from criminal prosecution for official acts." 

Trump attorneys argue that "the Impeachment Judgment Clause provides that, after impeachment and Senate trial, ‘the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.’" 

"By specifying that only the ‘Party convicted’ may be subject to criminal prosecution, the Clause dictates the President cannot be prosecuted unless he is first impeached and convicted by the Senate," the brief states. 

Trump lawyers argued that "the Clause’s plain language presupposes that an unimpeached and un-convicted President is immune from prosecution." 

Smith charged the former president with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights. Those charges stemmed from Smith’s investigation into whether Trump was involved in the Jan. 6 Capitol riot and any alleged interference in the 2020 election result.

Trump pleaded not guilty to all charges. 

Top Democrat in tight Senate race backs citizenship, voting rights for millions of illegal immigrants

The Democrat frontrunner in what could be one of the most unexpectedly tight Senate races this year recently declared his support for granting citizenship and voting rights to the millions of illegal immigrants residing in the U.S.

Speaking at a candidate forum in Bladensburg, Maryland, earlier this month, Rep. David Trone, who represents the state's 6th Congressional District, argued illegal immigrants should have the same rights under the Constitution as U.S. citizens.

"We need to welcome all 12 million folks here now that are DACA, TPS, and undocumented – make them citizens, and move forward. They have all the rights everybody here should have also," Trone said, referencing Deferred Action Childhood Arrivals (DACA), also known as "Dreamers," who were brought to the U.S. as children by illegal immigrant parents, as well as migrants granted Temporary Protected Status (TPS).

CONSERVATIVE GROUPS UNLEASH MASSIVE INVESTMENT FOR BATTLEGROUND STATE'S ‘LARGEST EVER’ VOTE-BY-MAIL PROGRAM

Just days after the forum, Trone voted against the bipartisan Laken Riley Act, a bill named after a nursing student who was tragically murdered on the campus of the University of Georgia while jogging. Jose Antonio Ibarra, the illegal immigrant from Venezuela charged in the murder, was arrested in New York prior to the murder but was not detained by ICE. He was also cited in Georgia for misdemeanor shoplifting in October 2023. 

The bill would require U.S. Immigration and Customs Enforcement to arrest illegal immigrants who commit theft, burglary, larceny or shoplifting offenses and mandate that those who commit such crimes are detained until they are removed from the U.S., so they cannot break the same law or commit further crimes.

Additionally, the bill would ensure that states have standing to bring civil actions against federal officials who refuse to enforce immigration law or who violate the law. It passed the House in a 251-170 vote, and the Senate is currently considering its version of the legislation.

BIDEN CAMPAIGN REVEALS ‘AGGRESSIVE’ SWING STATE STRATEGY, ADMITS BEATING TRUMP WILL ‘TAKE RELENTLESS EFFORT’

Last month, Trone signed a letter urging impeached Homeland Security Secretary Alejandro Mayorkas to close illegal immigrant detention centers just one day after a toddler was allegedly murdered by an illegal immigrant right outside his district, the Daily Caller reported.

"Our immigration system is broken. Unfortunately, positive legislative reforms in immigration are unlikely this congress due to extreme MAGA Republican opposition. Until that changes, we must do our best to operate within the current system to ensure that we are treating immigrants with dignity and utilizing our limited resources wisely. You have testified regarding your concern about ‘the overuse of detention… where alternatives to detention would suffice.’ We share that concern," Trone wrote in the letter.

Fox News Digital has reached out to Trone's campaign for comment.

TEXAS DEMOCRAT COLIN ALLRED FACES 6-FIGURE AD CAMPAIGN FOR CALLING BORDER WALL ‘RACIST’

Trone faces a crowded Democrat primary field, where he holds a massive fundraising and polling advantage. His closest challenger is Prince George's County Executive Angela Alsobrooks.

He will likely face Maryland's former Republican governor, Larry Hogan, in the general election. Few polls have been conducted on the race so far, but those that have been completed suggest a neck-and-neck race between the two.

Elections analysts rate the race as "likely" Democrat, but Hogan's name recognition and high approval rating at the conclusion of his second term last year could further pose a challenge to Democrats' hopes of maintaining control of the Senate.

Fox News' Kyle Morris contributed to this report.

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

Why members of Congress decide they ‘gotta get out of this place’

It is unclear if Rep. Ken Buck, R-Colo., and several dozen other lawmakers are channeling The Animals’ frontman Eric Burdon. 

However, they certainly share the same sentiments. Congress is not a very fun place to be anymore, and that is why lawmakers are skipping out early, retiring even before their term completes next January. 

A reporter asked Buck about what "frustrated" him on Capitol Hill and what made working there so "difficult."

HOUSE SPEAKER JOHNSON SAYS WHITE HOUSE DOESN'T ‘CALL THE SHOTS’ ON WHEN IMPEACHMENT IS OVER

"Do you really need me to explain what’s so difficult about this?" replied Buck. 

The 118th Congress has been one of the rockiest and whackiest in recent memory and certainly one of the least productive. The valleys include the five days the House consumed to elect a speaker to multiple flirtations with the debt ceiling and government shutdown. Then there was the ouster of former House Speaker Kevin McCarthy, R-Calif. The House burned through three more speaker candidates before tapping House Speaker Mike Johnson, R-La. Despite toiling in the minority, Democrats now provide the majority of votes on many major issues which pass the House, especially on government funding. However, a broad, bipartisan coalition of lawmakers recently voted to curb access to TikTok in the U.S. 

The TikTok vote scored major headlines, but so did the House vote to impeach Homeland Security Secretary Alejandro Mayorkas. 

And, as is custom, the House GOP’s first attempt at impeachment failed before they took a mulligan.

Three Republicans helped tank the initial Mayorkas impeachment vote: Rep. Tom McClintock, R-Calif., Rep. Mike Gallagher, R-Wisc. — who is retiring — and Buck — who is leaving before his term ends. 

The Colorado Republican cited impeachment as among his decisions to skip out of the 118th Congress early.

"We’ve taken impeachment, and we made it a social media issue as opposed to a Constitutional one," said Buck. "This place just keeps going down. I don’t really want to spend my time here."

Former Rep. Bill Johnson, R-Ohio, resigned early a few weeks ago to become the president of Youngstown State University. Former Rep. Brian Higgins, D-N.Y., left early to run an arts organization in Buffalo, New York. Fox is told there could be other lawmakers who ditch Capitol Hill before their term is up.

It is about the math.

Buck told Fox he will formally resign at the end of the day on March 22. This squeezes the meager GOP majority in the House. There will be 431 members. 218 Republicans to 213 Democrats. At this moment, the breakdown is 219 Republicans to 213 Democrats. That is a margin of six. However, Republicans can only lose two votes. That is because a tie vote fails automatically in the House. When Buck hits the exit ramp, the margin shrivels to five. However, the GOP can still only drop two votes on any given roll call without help from the other side. 

Here is where things get really interesting.

There is a special election for the seat formerly occupied by Higgins on April 30. Strange things sometimes unfold in special elections because it’s impossible to determine the turnout. However, the Higgins seat is a Democratic district. New York Gov. Kathy Hochul (D) garnered 57% of the vote in that district. Republican Gary Dickson runs against Democrat Tim Kennedy. If Kennedy prevails, Democrats hold the seat, and the numbers change again in the House. 

There will be 432 members. 218 Republicans to 214 Democrats. The margin is four seats, but the GOP cannot lose two votes and still pass a bill without help from across the aisle. Again, tie votes come into play. Republicans will be down to only a solitary vote to spare.

This is where things get very dangerous for the GOP. They cannot lose anyone who is out sick or missed a flight. They cannot have someone disappear for a week or two for a family matter. And unfortunately, there are untimely deaths among members from time to time. 

That said, things may improve for Republicans. There is a likely runoff on May 21 to fill McCarthy's seat, who resigned in December. The GOP could build its ranks slowly if they win that special election. In fact, Republicans could even have reinforcements if one of the candidates scores more than 50.1% tonight — averting the runoff.

However, there is a broader problem. Could other members just quit like Buck? What if they’re as fed up as he is? What if they’re retiring and have big paycheck offers outside Congress and want to leave now?

Multiple members confided to Fox they anticipate more exits over the summer, and certainly after the election. The Senate has flipped control in the middle of a Congress before — most recently in 2001. That was when late Sen. Jim Jeffords, I-Vt., dropped his affiliation with Republicans and decided to caucus with the Democrats in a 50-50 Senate. You should not rule out anything, considering how strange and unpredictable this Congress has been. 

$12B IN EARMARKS: CONGRESS' ROLLER-COASTER HISTORY WITH EARMARK SPENDING TAKES ANOTHER TWIST

Buck expressed his disgust just moments after he announced his departure. 

The House Judiciary Committee invited special counsel Robert Hur to testify last week about his investigation into how President Biden handled classified documents after he left the vice presidency. Hur caught flak from both sides. Democrats took umbrage that Hur appeared to go out of his way to write about the president’s age and perceived cognitive issues. Republicans questioned Hur about why he did not prosecute Mr. Biden, despite having what they believed saw as good reason to do so.

Buck spoke directly to Hur when it was his turn to speak from the dais.

"From what I've observed in this hearing, is that one side thinks you're trying to get President Trump elected and the other side thinks you're trying to get President Biden elected. I served as a prosecutor for 25 years. I know that you're going to take grief from both sides," said Buck. "But when both sides attack you, my admonition is ‘Welcome to Congress.’"

It is unclear what the next couple of months have in store for the House membership. Congress is not very pleasant right now. The sides can barely get together to avoid multiple government shutdowns or to lift the debt ceiling. There is a lack of trust between members. Republicans struggled for months to even pass their own bills. That is to say nothing of the GOP relying on Democrats to provide most of the votes on major bills like government funding.

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"We gotta get out of this place," sang Eric Burdon with the Animals. "There’s a better life for me and you."

And that is exactly the thinking of lawmakers who are storming the exits.

House Democrats invite ex-Giuliani associate Lev Parnas as Biden impeachment inquiry hearing witness

Democrats on the House Oversight Committee are having businessman Lev Parnas, a former associate of Rudy Giuliani's, come to Capitol Hill to participate in the second impeachment inquiry hearing into President Biden on Wednesday.

The Oversight Committee's GOP majority is investigating accusations that Biden and his family enriched themselves by using his political connections, particularly when he was vice president.

"This hopeless impeachment investigation originated with a bunch of lies told by an indicted liar in close proximity to Russian agents. So who better than Lev Parnas himself — Rudy Giuliani’s right-hand man on the original mission to smear Joe Biden — to tell the story of how this campaign of lies and slander works? Lev Parnas can debunk the bogus claims at the heart of the impeachment probe and, in the process, explain how the GOP ended up in this degraded and embarrassing place," Rep. Jamie Raskin, D-Md., the top Democrat on the panel, said in a statement to Fox News Digital.

DEVON ARCHER: HUNTER BIDEN, BURISMA EXECS ‘CALLED DC’ TO GET UKRAINIAN PROSECUTOR FIRED

Parnas previously claimed that he worked with Giuliani in his effort to pressure Ukrainian officials to announce an investigation into the Biden family in the lead-up to the 2020 presidential election. In June 2022, he was sentenced to 20 months in prison for charges linked to soliciting foreign money for U.S. elections, wire fraud and making false statements, among others. U.S. Attorney Damian Williams had accused him of "pumping Russian money into U.S. elections and lying about the source of funds for political contributions."

Parnas is going to be joined at the Wednesday hearing by former business associates of Hunter Biden, whose foreign business dealings are a particular concern to GOP investigators. One is Tony Bobulinski, who has personally told investigators that the Biden family was selling access to the now-president. The second is Jason Galanis, who is in prison after he pleaded guilty to securities fraud.

JAMES BIDEN SAYS HIS BROTHER 'HAS NEVER HAD ANY INVOLVEMENT' OR ANY 'FINANCIAL INTEREST' IN BUSINESS VENTURES

Republicans on the Oversight Committee pointed out that Parnas was found guilty of lying and said it was "telling" Democrats did not invite an associate of the Bidens.

"It’s telling the Democrats didn’t call any of Hunter Biden’s business associates who claim his father’s innocence because they know their testimony won’t withstand public scrutiny. Instead, they are relying on a convicted liar who claims Joe Biden never met with a Burisma official when in fact he dined with one," a spokesperson for the committee said.

COMER INVITES HUNTER BIDEN, BUSINESS ASSOCIATES TO TESTIFY PUBLICLY MARCH 20 AMID IMPEACHMENT INQUIRY

Fox News Digital previously reported that Democrats were considering inviting Michael Cohen, former President Trump's ex-lawyer, in a bid to focus attention on Trump's own foreign business dealings.

A source familiar with those discussions indicated to Fox News Digital that Democrats thought Parnas would be more relevant to their goal of pointing out flaws in the GOP's investigation. They said, "Cohen can speak directly to how Trump used the White House to enrich himself, but Parnas can speak directly to how Trump used discredited sources to fabricate dirt on Biden."

Eric Schwerin confirms Joe Biden used ‘Robinware456’ email alias while serving as vice president

Hunter Biden’s business partner Eric Schwerin told congressional investigators that he communicated with then-Vice President Joe Biden via a private e-mail alias, while maintaining that he was "not aware" of Joe Biden's involvement in his family’s business dealings. 

Schwerin appeared behind closed doors for a transcribed interview before the House Oversight and Judiciary Committees in January as part of the House impeachment inquiry against President Biden.

Fox News Digital obtained a transcript of Schwerin’s testimony. 

BIDEN WAS IN DIRECT CONTACT WITH HUNTER’S BUSINESS PARTNERS USING EMAIL ALIAS AS VP

Schwerin told the committee that he "performed a number of administrative and bookkeeping tasks for then-Vice President Joe Biden related to his household finances" between 2009 and 2017. Schwerin testified he also helped Biden’s accountants in their preparation of his taxes and his annual financial disclosure statements.

Fox News Digital first reported that Joe Biden, as vice president, 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 the majority of email traffic taking place while Biden was serving as vice president. 

The House Ways & Means Committee, which is co-leading the impeachment inquiry alongside the Oversight and Judiciary Committees, said 54 of those emails were "exclusively" between Joe Biden and Schwerin. The Ways & Means Committee describes Schwerin as "the architect of the Biden family’s shell companies."

During his transcribed interview, Schwerin was asked if an email address labeled "Robinware456" was associated with Joe Biden. 

"Yes," Schwerin said.

"That’s Joe Biden?" a committee investigator asked. 

"Correct," Schwerin testified. 

Schwerin also identified an email address labeled "Hurricane5155" as Valerie Biden and "261penn" as Beau Biden. 

Schwerin also said that it was his "understanding" that "Robert.L.Peters" was also an email address associated with Joe Biden. 

"I believe, when I personally emailed him, it was through that ‘Robinware’ email address," Schwerin testified that the email address was a "private Gmail account" and said he would also communicate via a private Gmail account. 

Meanwhile, Schwerin said he met Hunter Biden while working in the Clinton administration at the Commerce Department, and after government service, joined the first son at a law and lobbying firm.

Schwerin co-founded Rosemont Seneca Partners along with Hunter Biden and other colleagues – a firm he described as a "consulting and investment firm that offered development and public policy advisory services to a wide range of clients." 

HUNTER BIDEN PAID JOE BIDEN FROM ACCOUNT FOR BIZ THAT RECEIVED PAYMENTS FROM CHINA: COMER

"In the course of performing these duties, I had the ability to view transactions both into and out of Vice President Biden’s bank accounts while he was vice president," Schwerin said in his opening statement. "Based on that insight, I am not aware of any financial transactions or compensation that Vice President Biden received related to business conducted by any of his family members or their associates nor any involvement by him in their businesses. None." 

Schwerin also said he "cannot recall any requests for Vice President Biden to take any official action on behalf of any of Hunter’s clients or his business deals – foreign or domestic." 

"In fact, I am not aware of any role that Vice President Biden, as a public official or a private citizen, had in any of Hunter’s business activities. None," he said.

Schwerin testified that regarding his interactions with Biden, he "never asked him to take any official actions for the benefit of Hunter’s clients or any other client."

"Furthermore, I have no recollection of any promises or suggestions made by Hunter or myself to any clients or business associates that his father would take any official actions on their behalf. None," he said. "In my discussions with the Vice President concerning his personal finances, he was always crystal clear that he wanted to take the most transparent and ethical approach consistent with both the spirit and the letter of the law."

Schwerin added: "Given my awareness of his finances and the explicit directions he gave to his financial advisers, the allegation that he would engage in any improper conduct to benefit himself or his family is preposterous to me."

But Schwerin did testify that he did have "discussions" about what Joe Biden would do post-vice presidency. 

"Did you ever have any conversations with Hunter Biden or anyone else about jobs for Joe Biden post-Vice Presidency?" a congressional investigator asked. 

OVERSIGHT DEMS ADMIT HUNTER'S LONGTIME BUSINESS PARTNER HANDLED BIDEN’S FINANCES THROUGHOUT VP TENURE

"I don't know about jobs per se, but we did have discussions as to what – about what his dad might be doing post-Vice Presidency," Schwerin said, noting that there were "two efforts, I know, going on related to the University of Delaware and the University of Pennsylvania." 

"There was a point in which I and Hunter were a little more involved in the discussions related to the University of Delaware, and there were institutes set up and whether – how it would all be structured and things like that," he said. 

Meanwhile, Schwerin testified that he was appointed to the U.S. Commission on the Preservation of America's Heritage Abroad. 

Schwerin said Biden, when vice president in 2009, asked him if he would be "interested in being on one of these boards or commissions." 

"I understood that – my assumption was that it was something that, you know, the Vice President had signed off on, but I would think it was someone from the staff who said, we can put your name forward to Presidential Personnel, and they would, you know, give you a call about this," he said, adding that he was not appointed to the board until May 2015. 

How the most powerful nation lost control of its borders: former ICE director

The U.S. is in the grip of an ongoing crisis at the southern border, now into its third year. While there have been a number of surges in migration to the U.S.-Mexico border in recent history, none have been so large or so sustained.

Republicans say the crisis has been a direct consequence of the policies of the Biden administration. But Democrats and the administration say the U.S. has a broken system in need of reform and funding that Congress has so far failed to address.

The surge escalated in 2021, when, after months of increasing numbers in 2020 from the lows seen during the first months of the COVID-19 pandemic, encounters skyrocketed from 78,000 in January 2021 to 213,000 by July, according to Customs and Border Protection data.

Encounters remained high through 2022, reaching a high of 241,000 that May. Encounters in fiscal year 2022 hit 2.3 million, a new record. That was broken the next year with 2.4 million.

BIDEN, DURING VISIT TO OVERWHELMED BORDER, URGES REPUBLICANS TO BACK SENATE BILL 

More recently, the monthly record for encounters was shattered in December, when there were over 300,000 encounters for the first time, according to CBP. Meanwhile, the immigration court backlog has exploded to more than 3 million cases, while seizures of fentanyl at the southern border have also broken records.

The Biden administration has said the spike coincides with a hemisphere-wide migration surge sparked by insecurity, poverty and other root causes.

"It is because the world is living through one of the greatest levels of human displacement that it ever has, and certainly since World War II. And the challenge that we are experiencing at our border, which is a very serious and consequential challenge, is one that the entire hemisphere is experiencing," Homeland Security Secretary Alejandro Mayorkas told The New York Times in February.

President Biden and former President Trump have both visited the southern border in 2024, making their respective cases to the voters.

Biden said he needs Congress to "put politics aside" and pass additional spending and reforms found in a bipartisan Senate bill. The legislation includes additional staffing at the border and in asylum offices, an increased $1.4 billion in funding to cities and organizations receiving migrants, aims to tackle fentanyl smuggling and would limit asylum claims. It would also increase detention beds to 50,000 and provide additional immigration judges.

However, the bill failed to gain enough support in the Senate after conservative lawmakers warned that a limiting mechanism that only comes into place after an average of 5,000 encounters a day would normalize the already high levels of illegal immigration.

"It's real simple, it's time to act, it is long past time to act," Biden said. "It's time for us to move on this, we can't wait any longer."

Meanwhile, the administration has been pursuing a strategy of expanding lawful migration pathways while increasing what it says are consequences for illegal entry, including an asylum ban and increased use of expedited removal. But it has stressed it needs more funding to do so.

The administration rejects claims it has opened the border, pointing to more than half a million removals or returns between May 2023 and January 2024. It also expanded the CBP One app to allow more migrants to be processed in ports of entry, launched funding drives to tackle root causes in Central American countries and set up processing centers in the region.

Republicans and former Trump officials blame the Biden administration, accusing it of rolling back successful Trump-era policies like the Remain in Mexico program, which kept migrants in Mexico for their asylum hearings, along with border wall construction and other measures to stop catch-and-release.

Tom Homan, who served as acting Immigration and Customs Enforcement director under Trump, told Fox News Digital he believes those Trump policies secured the border.

"We handed the Biden administration the most secure border in my lifetime. That's just based on fact. That's based on data. Anybody can look at the data. Then President Biden came in," he said.

Homan and other critics also cited a 100-day ICE deportation moratorium as evidence the administration is pursuing an open border policy.

"President Biden ran on open borders, and you gotta give him credit. Once he became president, he kept his promise and opened the border," Homan said.

7.2M ENTERED US UNDER BIDEN ADMIN, AN AMOUNT GREATER THAN POPULATION OF 36 STATES

The crisis has had deep political impacts. Not only has it become a top 2024 issue, with polls showing a majority of voters seeing large amounts of illegal immigration as a "critical" threat, but the immediate impact has also spread beyond the border.

As more and more migrants have moved into the interior, including through a busing program from Texas Gov. Greg Abbott, cities like New York City, Chicago and Denver have been overwhelmed by the numbers and the strain put on their services. Mayors have appealed for support, last year asking for more than $5 billion in aid, among other measures.

Meanwhile, Republicans in the House impeached Mayorkas for his handling of the crisis, sending articles of impeachment to the Senate. 

If elected, Trump has promised to return to many of his past policies and has pledged to ramp up deportations.

"The fix is simple. Dust off the Trump plan and reinstitute the Remain in Mexico program, reinstitute the safe third country agreements, continue building the wall and end catch and release," Homan said. "Those things right now would solve 90% of the problem on the border."

Jim Jordan previews main focus of upcoming Hunter Biden hearing, blasts Hur report ‘double standard’

VANDALIA, OH - Republican Congressman Jim Jordan previewed an upcoming hearing on the investigation into the business dealings of Hunter Biden and railed against the "double standard" he says President Biden was the benefactor of in the investigation into his handling of classified documents.

"We'll see," the Ohio Republican told Fox News Digital on Saturday when asked about Hunter Biden previously expressing willingness to testify openly before the House before his legal team recently backtracked and objected to doing so.  

"I think Chairman Comer, we're going to have this hearing this week, this upcoming week with three of Hunter Biden's business partners, Mr. Galanis, Mr. Bobulinski and Mr. Archer and what's interesting, all three of those individuals tell a different story, and their story seems to match up with the three of them versus what Hunter Biden told us when we deposed him," Jordan said. "So we'll see if Hunter Biden comes in. But we’ll go through this here and get information out to the American people."

"It's going to be the comparisons between what these individuals said and what Hunter Biden said and the contradictions that exist in this testimony from both sides," Jordan told Fox News Digital when asked for a preview of what this week’s hearing on the Hunter Biden scandal will entail. 

GOP REP SPOTLIGHTS 3 KEY PIECES OF EVIDENCE THAT THE BIDEN FAMILY ‘CONTRADICTED’ THEIR BUSINESS COVERUP

Jason Galanis, Tony Bobulinski and Devon Archer, all former associates of Hunter Biden, were invited to participate in a House hearing on Wednesday as part of the investigation into an alleged corruption scandal that Republicans are suggesting could eventually lead to an impeachment vote for President Biden.

Fox News Digital reached out to Hunter Biden's legal team for comment but did not receive a response.

Jordan, who was speaking to Fox News Digital near Dayton, Ohio where former President Trump was rallying for Ohio Republican Senate candidate Bernie Moreno, brought up the recent testimony of Special Counsel Robert Hur while discussing Hunter Biden, which he suggested was an example of President Biden "knowingly" ignoring the law. 

"I thought last week with special counsel Hur where we went through that, where we know Joe Biden knowingly retained and disclosed classified information, he knew the rules, he'd been in government five decades, he was the chairman of the Senate Foreign Relations Committee, was vice president, so he knew the law and willfully violated that law," Jordan said. 

"And I think he did it because, special counsel Hur says in his report, he said Joe Biden was motivated to ignore classified procedures because he was writing a book and he got an $8 million advance so there are 8 million reasons why Joe Biden didn't follow the law."

BIDEN GHOSTWRITER SPOTTED ON NYC STREETS HOURS AFTER GOP LAWMAKERS RIPPED HIM DURING HEATED HUR HEARING

When asked by Jordan last week during the House hearing on Hur’s conclusion regarding Biden’s handling of classified documents and his decision not to file charges whether he agrees that Biden had motivation to misuse the documents to write a book, Hur replied, "That language does appear in the report, and we did identify evidence supporting those assessments." 

The White House has pushed back on the idea that Hur’s report shows Biden’s actions possibly correlate with a potential book deal.

"And then, of course, Mr. Hur concluded by saying even though he knowingly, willfully retained and disclosed, did it for the money, in my judgment, we're not going to prosecute because he's a forgetful old man and I think that came out loud and clear in the hearing we had this past week," Jordan added. "So we'll have another hearing next week with these other individuals and we'll go from there."

Fox News Digital asked Jordan if he agreed with Hur’s conclusion that it would be too difficult to secure a guilty verdict from a jury with the current evidence.

"If someone meets the elements of the crime, it's the job of the prosecutor to take that to the jury and the jury decides," Jordan responded. "Mr. Hur and his evaluation, you weigh all things, so we have some respect for that of course, but what I do think comes clear is the double standard."

"You know, this idea that there are pressing charges and they have charged President Trump, they raided his home for goodness sake, but nothing happens here, and that's what Americans really take away is the double standard."

Several legal experts, including Fox News contributor Jonathan Turley, have recently suggested that the classified documents handling case against President Biden had more significant evidence than the case involving Trump.

Jordan told Fox News Digital he agrees with that analysis.

"I think so especially when you see the report and you walk through the elements, particularly when he's talking to the ghost writer, who, by the way, the ghost writer tried to destroy the evidence once he found out Mr. Hur was named the special counsel," Jordan said. "Go figure. If that's not obstruction. I don't know what is. So, I do think that again underscores this double standard that we've seen for such a long time."

Speaker Johnson tells Republicans campaigning against each other in primaries to ‘cool it’: report

Speaker of the House Mike Johnson is telling Republicans who are going after sitting GOP lawmakers in contentious primaries to "knock it off," in order to tamp down on divisions within the party, according to a report. 

Johnson, R-La., attended the House Republicans’ annual member retreat at the Greenbrier Resort in White Sulphur Springs, West Virginia, last week to unify the often-fractious conference as at least four sitting Republicans in South Carolina, Illinois, Texas and Virginia are going to battle against Republican challengers.

"I’ve asked them all to cool it," Johnson told CNN during the retreat. "I am vehemently opposed to member-on-member action in primaries because it’s not productive. And it causes division for obvious reasons, and we should not be engaging in that."

Johnson is trying to figure out how to guide his razor-thin majority through a series of legislative hurdles that divide Republicans, including how to provide military aid for Ukraine, finish government funding and reauthorize a federal surveillance program – all while trying to make a case that voters should re-elect a GOP House majority.

SPEAKER JOHNSON AIMS TO STAY LEADER OF HOUSE GOP IN 2025, VOWS ‘VERY AGGRESSIVE FIRST 100 DAYS’

"So I’m telling everyone who’s doing that to knock it off," Johnson told the outlet, referring to challenging incumbents within the GOP. "And both sides, they’ll say, ‘Well, we didn’t start it, they started it.’"

Johnson took the speaker's gavel late last year after former Speaker Kevin McCarthy was ousted from office in a historic move that left Republicans deeply divided and mired in dysfunction.

HOUSE SPEAKER JOHNSON SAYS WHITE HOUSE DOESN'T 'CALL THE SHOTS' ON WHEN IMPEACHMENT IS OVER

Johnson told Fox News Digital last week that he is aiming to stay at the helm of the House GOP next year regardless of whether they keep the House majority.

"I have not given a lot of thought about the next Congress, because I'm so busy with my responsibility right now," Johnson said. "My intention is to stay as speaker, stay in leadership, because we're laying a lot of important groundwork right now for the big work that we'll be doing."

Fox News’ Elizabeth Elkind and The Associated Press contributed to this report.

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."

RUBIO BILL AIMS TO WITHHOLD UN FUNDING FOR AFGHANISTAN UNTIL ASSURED IT DOESN'T SUPPORT TERRORISM

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."

MASSIVE COALITION FORMS TO PROTECT LEFT-WING ‘SQUAD’ MEMBERS AGAINST ONSLAUGHT OF ELECTION SPENDING

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."

$12B IN EARMARKS: CONGRESS' ROLLER-COASTER HISTORY WITH EARMARK SPENDING TAKES ANOTHER TWIST

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."

SENATE VOTES TO CONFIRM US AMBASSADOR TO HAITI AMID GANG ATTEMPT TO SEIZE POWER IN CARIBBEAN COUNTRY

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.