House Homeland Democrats back Mayorkas, slam GOP ‘sham’ ahead of impeachment hearing

Democrats on the House Homeland Security Committee are offering their support for DHS Secretary Alejandro Mayorkas ahead of the committee's first impeachment hearing on Wednesday -- with the lawmakers accusing their Republican colleagues of running a "sham" process.

"What is going on tomorrow is an embarrassment to the impeachment clause of the Constitution," Rep. Dan Goldman, D-NY, told reporters.

The hearing,"Havoc in the Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted the States," marks the first impeachment hearing after a year of investigations and reports by the House Homeland Security Committee which looked at Mayorkas’ handling of the nearly three-year migrant crisis.

The hearing will see testimony from attorneys general from Montana, Oklahoma and Missouri. The AGs will testify about the impact of the crisis on their states and their belief that Mayorkas is not enforcing the law.

But Democrats on the committee say that Republicans have turned what is a policy dispute into a politically motivated impeachment push.

MAYORKAS IMPEACHMENT HEARING: STATE AGS TO TESTIFY ON IMPACT OF MIGRANT CRISIS, BIDEN-ERA POLICIES

"This is simply a policy dispute, a disagreement about how a different party is attacking a policy problem. And the Republicans are trying to abuse their power and the Constitution to convert what is simply a disagreement into somehow, some way, a high crime and misdemeanor," Goldman said. "There is no crime, much less a high crime or misdemeanor here."

Rep. Glenn Ivey, D-Md., described the process as a "political sham with no constitutional basis, no factual basis."

Republicans have claimed that the crisis, which has seen multiple records smashed for migrant encounters, is "unprecedented and intentional."

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

"The chaos and devastation at the border and in our communities are the result of Alejandro Mayorkas’ failure to fulfill his oath as secretary of Homeland Security," Chairman Mark Green said this week. "His primary responsibility is to secure the homeland—and he has failed."

Republicans have accused the administration of fueling the crisis with "open border" policies, including expanded catch-and-release and the rolling back of Trump-era policies such as the Remain-in-Mexico policy and border wall construction. They’ve pointed to the record number of migrant encounters as the border that have skyrocketed during the Biden administration, as well as the significant number of releases into the interior.

Democrats and the administration have said that authorities are dealing with a hemisphere-wide crisis and are in need of more funding and comprehensive immigration reform from Congress. 

Both Democrats and Republicans have proposed border and immigration bills that are vastly different from one another, while talks are currently ongoing about $14 billion in supplemental border funding requested by the administration, with Republicans demanding restrictions on releases. 

DHS put out a memo ahead of the hearing arguing that Mayorkas was currently working with a bipartisan group of senators to find real solutions to the challenges at the border and called the accusations "baseless."

"Members of Congress serious about addressing these challenges should oppose this baseless impeachment that is going nowhere and instead work with the Department to keep America safe by properly funding DHS’s vital missions and reforming our broken immigration laws," the memo said, also pointing to statements by a number of Republicans who have said that the alleged offenses have not met the standard for impeachment.

Talking to reporters, Democrats also blamed Republicans for not working with them to solve the issue. Rep. Seth Magaziner, D-R.I., accused Republicans of being "complicit" in the struggles at the border.

"Democrats fully recognize, and the administration I know recognizes that we have real challenges at the border. There are people who are fleeing their home countries due to political instability, due to violence, due to poverty and trying to come to the United States and it has created a chaotic situation," he said. "But House Republicans, rather than work with the administration and work with the secretary to solve the problem instead care more about having a political issue to run on than they do actually solving the challenges that we have at the border."

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES 

Additionally, they praised Mayorkas’ handling of both the crisis and the efforts to find agreement on supplemental spending with lawmakers, and argued that Republiacns haven’t given him the tools with which to do his job.

"I think he's doing a very good job under very tough circumstances," Ivey said. "We haven't really given him the tools to fix it and now they try to beat him up for not being able to perform without the tools."

"Secretary Mayorkas has one of, if not the hardest job in the United States of America. And House Republicans have tried to undercut him and prevent him from being able to do his job every step of the way," Magaziner said. "Deny him the funding. Deny him the tools because they view this as a political game, when really we ought to be working together to solve the challenges at the border."

House Oversight, Judiciary to consider resolution recommending Hunter Biden be held in contempt of Congress

House Republicans will consider a resolution Wednesday morning that, if passed, would set up a full House vote on whether to hold Hunter Biden in contempt of Congress for defying a congressional subpoena as part of the House impeachment inquiry against President Biden.

The House Oversight Committee will meet for a markup Wednesday at 10 a.m. to consider the resolution that recommends contempt proceedings against the first son after he refused to comply with a subpoena compelling him to appear for a closed-door deposition before the House Oversight and Judiciary committees.

The House Judiciary Committee will hold a similar markup at 10 a.m. on a measure recommending Hunter Biden be held in contempt of Congress. 

"Our investigation has produced significant evidence suggesting President Biden knew of, participated in and benefited from his family cashing in on the Biden name," House Oversight Committee Chairman James Comer is expected to say in his opening statement, obtained by Fox News Digital. 

HOUSE GOP SAYS HUNTER BIDEN ‘VIOLATED FEDERAL LAW' BY DEFYING SUBPOENA, PREPARE CONTEMPT RESOLUTION

"We planned to question Hunter Biden about this record of evidence during our deposition, but he blatantly defied two lawful subpoenas." 

Comer will say, "Hunter Biden’s willful refusal to comply with the committees’ subpoenas is a criminal act" that "constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution as prescribed by law."

"We will not provide Hunter Biden with special treatment because of his last name," Comer is expected to say. "All Americans must be treated equally under the law. And that includes the Bidens." 

Hunter Biden, ahead of his subpoenaed deposition, had offered to testify publicly. House Oversight Committee Chairman James Comer and Judiciary Committee Chairman Jim Jordan rejected his request, stressing that the first son would not have special treatment and pointed to the dozens of other witnesses that have appeared, as compelled, for their interviews and depositions. Comer and Jordan vowed to release the transcript of Hunter Biden’s deposition.

The first son, though, defied the subpoena, ignored the offer and delivered a public statement outside the Capitol.

"On December 13, 2023, Robert Hunter Biden failed to comply with deposition subpoenas issued by the Committees on Oversight and Accountability and the Judiciary for testimony relevant to the House of Representatives’ impeachment inquiry and the Committees’ oversight investigations," the House Oversight report, first reported by Fox News Digital on Monday, says. 

"Instead, Mr. Biden opted to read a short, prepared statement in front of the Capitol. Accordingly, Mr. Biden has violated federal law and must be held in contempt of Congress."

Meanwhile, the House Oversight report identifies Hunter Biden’s testimony as "a critical component of the impeachment inquiry into, among other things, whether Joseph R. Biden, Jr., as Vice President and/or President: (1) took any official action or effected any change in government policy because of money or other things of value provided to himself or his family; (2) abused his office of public trust by providing foreign interests with access to him and his office in exchange for payments to his family or him; or (3) abused his office of public trust by knowingly participating in a scheme to enrich himself or his family by giving foreign interests the impression that they would receive access to him and his office in exchange for payments to his family or him."

The report states that Hunter Biden’s "flagrant defiance of the Committees’ deposition subpoenas — while choosing to appear nearby on the Capitol grounds to read a prepared statement on the same matters — is contemptuous, and he must be held accountable for his unlawful actions."

HOUSE GOP PROBING IF BIDEN WAS INVOLVED IN HUNTER'S 'SCHEME' TO DEFY SUBPOENA, POTENTIAL 'IMPEACHABLE OFFENSE'

The report says House Oversight Committee Chairman James Comer "recommends that Congress find Robert Hunter Biden in contempt for his failure to comply with the Committee subpoena issued to him."

Committee ranking member Jamie Raskin, D-Md., blasted the move, saying there "is no precedent for the U.S. House of Representatives holding a private citizen in contempt of Congress who has offered to testify in public, under oath and on a day of the committee’s choosing. Chairman Comer repeatedly urged Hunter Biden to appear at a committee hearing, and Hunter Biden agreed." 

If the resolution advances out of committees Wednesday, sources said a full contempt of Congress vote on the House floor could take place in the coming days. 

Last month, Comer and Jordan expanded their investigation to probe whether President Biden was involved in his son's "scheme" to defy his subpoena for deposition earlier this month, conduct, they say, "could constitute an impeachable offense." 

Hunter Biden, when making his public statement last month, said his "father was not financially involved in my business." 

"No evidence to support that my father was financially involved in my business because it did not happen," he said. 

The House impeachment inquiry against President Biden was formalized by the full House last month. The inquiry is being led by Comer, Jordan and House Ways & Means Committee Chairman Jason Smith, R-Mo.

Trump goes to federal immunity hearing, skipping Iowa, seizes media spotlight

Donald Trump dominated the news again yesterday – we’re talking wall-to-wall all morning – simply by showing up for court.

In fact, with less than a week till the Iowa caucuses, he’ll spend two days in court – yesterday’s D.C. appearance and Thursday’s closing arguments in the civil fraud trial in New York – although in both cases he doesn’t need to show up. (In between he’ll do that Iowa town hall on Fox.)

The three-judge federal appeals panel that heard Trump’s claim of presidential immunity – two Biden appointees and one by George H.W. Bush – were openly skeptical of the arguments offered by the former president’s lawyer.

Ironically, this comes as Joe Biden’s campaign officials are complaining to journalists brought to the Wilmington headquarters that Trump should be covered more as a candidate and less as a defendant.

BIDEN TEAM COMPLAINS ABOUT TRUMP COVERAGE; THE ‘FULL HITLER’ CONFRONTATION

And yet there’s no question that the immunity hearing is crucial. If the appellate panel upholds Trump’s claim that he’s immune from prosecution for anything that can be construed as an official act, Jack Smith’s Jan. 6 case will be dead in the water. If the panel rules against Trump, the prosecution goes forward before the election. Of course, like Trump’s appeal of the Maine and Colorado ballot bans, it will ultimately be decided by the Supreme Court.

But by his sheer presence in the downtown criminal courthouse – and speaking to reporters afterward – Trump boosted the visibility of the hearing. Just by sitting in the same courtroom as Smith, he made it part of his campaign.

And that’s been the play all along. 

Each of the four indictments has boosted Trump politically, pushing his poll numbers up and denying his GOP rivals of much-needed oxygen, as Ron DeSantis has said. Trump’s loyal MAGA followers see these charges as a Democratic plot to keep him out of the White House. 

HOW HARVARD’S PRESIDENT HUNG ON SO LONG, DESPITE BECOMING AN UTTER EMBARRASSMENT

The more the media spotlight follows the ex-president to the courthouses, the more he can use them as a campaign vehicle.

Fueling the drama: another swatting incident, this one at Jack Smith’s home. Law enforcement officials showed up on Christmas after being falsely told that the prosecutor had shot his wife. The judge in the case, Tanya Chutkan, was also swatted.

Trump’s attorney made the strange argument that no president can be prosecuted without first being impeached and convicted. The judges weren’t buying that, saying a hypothetical president could use the military to murder his political opponents and resign before impeachment. I’d add that he could avoid an impeachment conviction if his party controlled the Senate.

Judge Karen Henderson, the Bush appointee, said: "I think it’s paradoxical to say that his constitutional duty to ‘take care that the laws be faithfully executed’ allows him to violate criminal law." Audio from the hearing was made available. 

Biden tried to change the trajectory of his campaign with his speeches near Valley Forge and in Charleston, making harsh personal attacks on his predecessor as a liar who fomented an insurrection and is a champion of White supremacy.

But on most days, Biden is a low-key presence, taking only two quick questions from reporters with terse answers, doing fewer interviews, and news conferences are as rare as a fly-by of Jupiter’s moons. Trump, by contrast, is constantly making news. I never thought I’d see a time when a former president overshadowed an incumbent president, but here we are.

On the video channel of pillow guy Mike Lindell, Trump said: "And when there’s a crash, I hope it’s going to be during this next 12 months, because I don’t want to be Herbert Hoover." This drew media denunciations that he was rooting for a crash – especially since the stock market just hit new highs.

Trump made a video – a virtual requirement for TV – saying that what was happening to him "only happens in third world countries or banana republics. They’re using their Department of Injustice to go after his political [opponent] and this is all him," meaning Biden, "a hundred percent him. He’s the one that told them to do it and they obey his orders. It’s a shame."

He added that "Joe" has to "be very careful… You don’t indict your political opponent because he opposes the corrupt election, which you know was corrupt."

When Trump spoke for 10 minutes outside the Washington courthouse yesterday, he said they’d had "a very good day." But he added that if he loses the appeal, "It will be bedlam in the country."

SUBSCRIBE TO HOWIE'S MEDIA BUZZMETER PODCAST, A RIFF ON THE DAY'S HOTTEST STORIES

Both CNN and MSNBC soon broke away. CNN’s Kaitlan Collins offered an instant fact check, saying there is no evidence of significant voter fraud in 2020, and that Biden is not prosecuting Trump. 

Even after a contentious Pentagon news conference revealing that Defense Secretary Lloyd Austin has prostate cancer and that his refusal to disclose that serious illness is under investigation, the networks quickly went back to the Trump court hearing.

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Another day, another news cycle, dominated by Donald Trump.

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Secretary of Defense Lloyd Austin went into the ICU on Jan. 1, but the White House, Congress and the rest of the world did find out until days later — while the cabinet member was still in intensive care. 

Now, Austin has announced that he was diagnosed with prostate cancer — another detail that the White House didn't know about. What he initially referred to as an elective procedure was actually a prostatectomy he had last month, which led to complications. 

The White House on Tuesday said the way the whole situation, and the president being in the dark about his own secretary of defense's medical condition, was "not optimal." Still, the White House is standing by Austin.

The Pentagon said Monday that Austin's chief of staff was sick with the flu, which led to the breakdown in communication. There are mounting calls for Austin's ouster.

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

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

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

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

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

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Marshall brings ‘no confidence’ resolution of Mayorkas to Senate floor: ‘Derelict in his duties’

FIRST ON FOX: Sen. Roger Marshall, R-M.D., will lead a resolution on the Senate floor Tuesday afternoon calling for a vote of "no confidence" of Department of Homeland Security Secretary Alejandro Mayorkas.

Republican lawmakers have been critical of Mayorkas's handling of the southern border, as illegal immigrant crossings reached a record high last month. 

The resolution comes just days before the House launches an impeachment hearing into the DHS secretary over his handling of the southern border. 

Hundreds of thousands of migrants have illegally crossed into the U.S. Customs and Border Patrol (CBP) sources told Fox News Digital last month that there were upward of 300,000 migrant encounters at the end of December — a historical record for crossings in a single month. 

"Secretary Mayorkas is derelict in his duties and has failed to uphold his oath," Marshall, one of the members of the Senate Committee on Homeland Security & Governmental Affairs, is expected to say on the floor Tuesday afternoon. 

MAYORKAS ACKNOWLEDGES THAT MAJORITY OF ILLEGAL IMMIGRANTS RELEASED INTO US: ‘I KNOW THE DATA' 

"Over the past three years, Secretary Mayorkas has refused to enforce immigration laws passed by Congress, fueling the invasion at our border. He ended effective border policies like catch and release, Remain in Mexico, Title 42, and exploited parole and asylum loopholes that have allowed over 6 million migrants to live in the interior of our country without being vetted and with a court date nearly a decade away," Marshall is expected to say.

"With over 10 million illegal migrants entering our country under this administration's watch, not to mention 1.7 million known 'gotaways,' the crisis at our borders dire," Marshall is expected to say. "Yet, Mayorkas continues to lie to the American people, and even under oath to Congress, when he says he has "operational control" of our borders."

The Republican lawmaker is expected to add, "To claim that he has any control, better yet, 'operational control' as required by law, is not only disingenuous and insulting to the American people who are concerned for their safety and security — it's illegal."

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES

"My colleagues and I have outlined numerous ways Secretary Mayorkas is derelict in his duty as secretary and failed to uphold his oath," Marshall intends to say. 

Following Marshall's floor remarks, Marshall will hold a press conference with Sen. Marsha Blackburn, R-Tenn., and other GOP senators. 

In a private meeting with agents in Eagle Pass, Texas, last week, Mayorkas agreed with Border Patrol agents that the current rate of release for illegal immigrants apprehended at the southern border is "above 85%," according to three Border Patrol sources who were in the room and heard the remarks themselves. 

The conversation happened during the muster for agents in the busy border area. Fox is told Mayorkas was asked directly about comments he made on "Special Report" last week when he was asked by anchor Bret Baier about reporting that over 70% of migrants are released into the U.S. each day.

EX-DHS OFFICIALS BACK JOHNSON'S AGGRESSIVE BORDER STANCE IN FUNDING FIGHT, SAY GOP MUST HAVE ‘CLEAR RESOLVE’ 

"It would not surprise me at all. I know the data," Mayorkas said. "And I will tell you that when individuals are released, they are released into immigration enforcement proceedings. They are on alternatives to detention. And we have returned or removed a record number of individuals. We are enforcing the laws that Congress has passed."

Fox News' Adam Shaw, Bill Melugin and Griff Jenkins contributed to this report. 

Hunter Biden gallerist tells lawmakers he never spoke to White House about paintings: sources

Hunter Biden’s art dealer told lawmakers in the House of Representatives on Tuesday that he has never discussed the paintings with the White House, Fox News Digital has learned.

A source familiar with Georges Bergès’ transcribed interview before the House Oversight Committee said Bergès told lawmakers he’s had no communication with the White House, including about Hunter Biden’s paintings.

Bergès stated that he never told Hunter Biden who any of the buyers were, the source said. 

The gallerist is speaking to the Oversight Committee behind closed doors as part of House Republicans’ impeachment inquiry into President Biden. GOP lawmakers have accused Biden of using his status and name to enrich himself and his family.

HOUSE REPUBLICANS CONSIDER HOLDING HUNTER BIDEN IN CONTEMPT OF CONGRESS

Republican investigators have suggested they are suspicious over whether Hunter Biden’s art career, which began in recent years, has led to any conflicts of interest between wealthy buyers and the White House.

A second source familiar with the interview confirmed to Fox News Digital that Bergès said he did not discuss Hunter Biden’s paintings or anything else with the White House, but said it proved that a widely reported "ethics agreement" between Biden officials and Bergès’ gallery to prevent wrongdoing was a lie.

HOUSE GOP PROBING IF BIDEN WAS INVOLVED IN HUNTER'S 'SCHEME' TO DEFY SUBPOENA, POTENTIAL 'IMPEACHABLE OFFENSE'

"The White House’s ‘ethics’ agreement regarding Hunter Biden’s art was a sham. The White House never facilitated any agreement, despite saying the opposite to the public," the second source said.

"George Bergès stated he never had any communication with the White House about an agreement about Hunter Biden’s art and admitted Hunter Biden knew the identities of the individuals who purchased roughly 70% of the value of his art, including Democrat donors Kevin Morris and Elizabeth Hirsh Naftali."

A large share of that 70% is entertainment lawyer Kevin Morris, the first source said, who loaned Hunter Biden $4.9 million between 2020 and 2022.

JORDAN SAYS HUNTER BIDEN MADE A 'HUGE CHANGE' BY SAYING HIS FATHER WAS 'NOT FINANCIALLY INVOLVED' IN BUSINESS

The White House has openly referenced that agreement in the past, but details have been vague. 

Former Biden press secretary Jen Psaki lauded it in July 2021 for "a level of protection and transparency" but when asked about ethical concerns the following month, said, "we have spoken extensively to the arrangements, which are not White House arrangements; they’re arrangements between Hunter Biden’s representatives and ones that we, certainly, were made aware of."

The second source provided additional details on the hefty sums that Bergès said Hunter Biden’s art fetched from prominent Democratic donors.

That includes $875,000 in art purchased by Morris.

Elizabeth Hirsh Naftali, who the president appointed to the Commission for the Preservation of America’s Heritage Abroad in 2022, bought Hunter Biden’s art for $42,000 in 2021 and for $52,000 at the end of 2022.

White House launching review of Cabinet protocols after defense secretary’s secret hospitalization: memo

The White House is launching a review of Cabinet protocols for delegating authority in the wake of Defense Secretary Lloyd Austin's recent secret hospitalization following a procedure to treat prostate cancer, according to a memo obtained by Fox News. 

The memo from White House Chief of Staff Jeff Zients is addressed to Cabinet secretaries and directs departments and agencies to "submit their agency-specific delegation of authority protocols by Friday, January 12, 2024, to the Office of Cabinet Affairs."

"The White House is conducting a review of agency protocols for a delegation of authority from Cabinet Members," the memo states. "The purpose of this memo is to direct your agencies to submit your existing protocols for a delegation of authority to the White House Office of Cabinet Affairs, and to ensure an updated process for such delegations in the interim. The Office of Cabinet Affairs will convey these protocols to the White House Chief of Staff."

The memo says that while the review is "ongoing," Cabinet agencies "must ensure" they follow procedures "in the event that a delegation of authority is required."

SECRETARY OF DEFENSE LLOYD AUSTIN REMAINS HOSPITALIZED AFTER MYSTERY PROCEDURE; DOD REMAINS MUM ON RELEASE

The memo directs the agencies to "notify the Offices of Cabinet Affairs and White House Chief of Staff in the event of a delegation of authority or potential delegation." 

READ THE MEMO - APP USERS, CLICK HERE:

It also directs agencies to "document in writing that the delegation of authority is in effect." 

The memo comes after it was revealed that Austin was hospitalized for days without notifying the White House. The Pentagon confirmed Tuesday that Austin went under general anesthesia for a prostatectomy on Dec. 22, 2023.

"His prostate cancer was detected early, and his prognosis is excellent," Walter Reed Hospital said. Austin was on leave at the time of the procedure, and he returned home the next day.

The hospital said Austin started to experience "severe pain" on Jan. 1 and was admitted to the intensive care unit ICU, where the medical team treated a urinary tract infection. Austin was also treated for a backup of his small intestines with a tube placed through his nose to drain his stomach. Walter Reed said it anticipates him making a "full recovery although this can be a slow process."

DEFENSE SECRETARY AUSTIN HAS NO PLANS TO RESIGN, PENTAGON SAYS

Austin did not notify the chairman of the Joint Chiefs or his deputy until the following day. The White House and President Biden were unaware until Jan. 4, and Congress and the press were notified on Jan. 5. 

Calls for Biden to remove Austin from his post and for Austin to resign have been mounting, but the White House said Austin will remain in his post.

National Security Council spokesperson John Kirby said this week "there are no plans for anything other than for Secretary Austin to stay in the job and continue in the leadership that he's been … demonstrating." 

Department of Defense press secretary Maj. Gen. Pat Ryder told Fox News Digital that Austin doesn't have any plans to leave his post.

"Secretary Austin has no plans to resign," Ryder said. "He remains focused on conducting his duties as secretary of defense in defense of our nation."

But Rep. Matt Rosendale, R-Mont., plans to introduce articles of impeachment against Austin on Tuesday afternoon. 

Austin is no longer in the ICU, but it is unclear when he will be released from the hospital. 

Austin and Biden authorized the Jan. 4 strike in Baghdad before Austin was hospitalized.

"The secretary was aware of the strike/actions on Jan. 4," a senior U.S. defense official said.

Ryder previously told Fox News he could not provide additional information about Austin’s ailments for privacy reasons. Austin resumed his duties from the hospital on Friday.

Fox News Digital's Houston Keene, Greg Wehner and Liz Friden contributed to this report.

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

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. 

MAYORKAS TELLS BORDER PATROL AGENTS THAT ‘ABOVE 85%’ OF ILLEGAL IMMIGRANTS RELEASED INTO US: SOURCES

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. 

SENATE NOT EXPECTED TO RELEASE TEXT ON BORDER SECURITY PACKAGE THIS WEEK 

"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. 

House Republican to file impeachment articles against Lloyd Austin

FIRST ON FOX: A House Republican lawmaker is introducing articles of impeachment against Defense Secretary Lloyd Austin, his office told Fox News Digital on Monday.

Rep. Matt Rosendale, R-Mont., plans to target Austin on Tuesday as fallout continues over the Pentagon’s delayed disclosure about Austin being hospitalized last week.

Rosendale told Fox News Digital in a statement that he believes Austin "violated his oath of office" on multiple occasions, citing the Biden administration’s withdrawal from Afghanistan, the migrant crisis at the border, and last year’s incident with a Chinese spy craft floating above the continental U.S.

DOD SECOND-IN-COMMAND TOLD OF AUSTIN'S HOSPITALIZATION 2 DAYS AFTER TAKING OVER SOME OF HIS DUTIES

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

"This dishonesty seems to be a repeated pattern for the Secretary as he once again lied to our military and the American people about his health last week."

DEFENSE SECRETARY AUSTIN HOSPITALIZED FOLLOWING SURGERY COMPLICATIONS

The Pentagon publicly revealed on Friday that Austin had been in the hospital since Jan. 1 due to complications from elective surgery. But a Politico report later revealed that not only were media kept in the dark, but that the highest levels of the White House and top officials in the Pentagon itself were not aware until Thursday that Austin was in the hospital.

The non-disclosure prompted a flurry of bipartisan concern, with top Democrats and Republicans on the House and Senate Armed Services committees both calling for more transparency about the incident.

PENTAGON ANNOUNCES NEW RED SEA INTERNATIONAL MISSION TO COUNTER ESCALATING HOUTHI ATTACKS ON SHIPS

Rosendale’s Monday evening statement went beyond the health scandal, arguing that Austin "failed to uphold his oath of office during the Biden Administration’s disastrous withdrawal from Afghanistan which led to the death of 13 American soldiers and enabled unvetted migrants to flow into the United States."

"Sec. Austin is unfit for the Office of the Secretary of Defense, which is why I urge my colleagues to join me in impeaching him to protect the American people," he said.

A host of top Republicans have called for Austin to be fired over how the disclosure of his hospitalization was handled.

Fox News' Liz Friden contributed to this report.