‘It’s crap. Pure crap’: Senators look to quickly dismiss Mayorkas impeachment

House Republicans are ready to take their sham impeachment of Homeland Security Secretary Alejandro Mayorkas to the Senate this week, where they’ll likely find a hostile jury. That’s if the Senate decides to even have a trial.

Senate Majority Leader Chuck Schumer made it clear in February, after the House voted to impeach, that he views the whole fiasco a waste of time. 

“This sham impeachment effort is another embarrassment for House Republicans,” he said in a statement.  “House Republicans failed to produce any evidence that Secretary Mayorkas has committed any crime. House Republicans failed to show he has violated the Constitution. House Republicans failed to present any evidence of anything resembling an impeachable offense.” 

Last month, he called the whole thing “absurd.”

The House impeachment managers—including extremists Andy Biggs of Arizona and Marjorie Taylor Greene of Georgia—will likely present their case on Wednesday, with senators sworn in as jurors on Thursday. Then it will just be a matter of how fast the Senate dispenses with it.

Schumer wrote to Democrats Friday, giving them a preview of the next few weeks of work, including impeachment, and hinted that his likely course of action will be to move to dismiss the charges. 

“I remind Senators that your presence next week is essential,” he wrote. That’s because he needs all Democrats present to vote on that motion to dismiss. 

He’ll have them. Even West Virginia’s Joe Manchin has trashed the impeachment. 

“It’s crap. Pure crap,” he told reporters in February. “No trial at all, it’s ridiculous. The trial will be in November. No. You start that craziness and play games and that stuff?” He added that Cabinet officials “work for the president. You got a problem, go to the polls.” 

He also said he believes there are sufficient votes to dismiss the impeachment. “I just want to get rid of it as quick as possible. You go down that path, that’s a slippery slope, you’ll never stop,” he said in February. 

There are at least three Republican senators—Susan Collins of Maine, Lisa Murkowski of Alaska, and Mitt Romney of Utah—who have been skeptical enough about the whole thing to help Democrats dispense with this quickly. Romney even suggested in February that he’d vote to dismiss. 

“If there is a policy difference, it’s with the president, not the secretary that reports to him,” he said.

Republican leader Mitch McConnell paid lip service to conducting a trial in remarks last week, but didn’t show much enthusiasm for it. "[T]he Democrats have a majority, so it may not go on very long," McConnell told reporters. "But my preference would be to actually have a trial. But I think the majority is likely to prevent that."

Officially, Senate Republicans will make noises about having that trial. Republican Whip John Thune said at a recent leadership press conference that the House “has determined that Secretary Mayorkas has committed impeachable offenses” and that he thinks “the Senate needs to hold a trial.” How strenuously they’ll try to make that happen is another question—particularly considering who they’ll be teaming up with in the House. After all, Biggs and Greene will be among those coming to the Senate floor with this bullshit. How many GOP senators are going to want to ally with those guys?

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GOP House digs for new Biden dirt as sawdust ‘cocaine’ and Russian moles fail

The Biden impeachment resolution the House GOP unanimously approved last December has hilariously collapsed (Russian moles, sawdust “cocaine”), but that’s not stopping the utterly inept Rep. James Comer of Kentucky, from throwing spaghetti at the wall to make something stick. The chair of the House Oversight Committee made it clear that his intention is to amass as much “evidence” of alleged wrongdoing as he can, with an eye toward setting up criminal prosecutions for a hypothetical Trump presidency.

“Since January 2023, we’ve launched investigations into President Biden’s border crisis, energy crisis, federal pandemic spending, federal agency telework policies, abuse of power at the FTC, the Bidens’ corrupt influence peddling schemes, the federal government’s efforts to combat CCP influence, and more,” Comer told Politico.

Those investigations, he promised, “will culminate in reports with our findings and recommended solutions to prevent government waste, fraud, abuse, and mismanagement.” Expect that to be as solid as all the previous work from him and his fellow MAGA zealot Rep. Jim Jordan, chair of the Judiciary Committee.

The “and more” Comer referred to includes such burning questions as the origins of the COVID-19 pandemic (which occurred under Trump) and the administration’s use of the Strategic Petroleum Reserve. Comer has made it clear that this volley of attacks is designed to generate criminal referrals.

“I want to hold the Biden family accountable. I believe the best way to hold the Biden family accountable is through criminal referrals. We’ve proven many crimes have been committed,” Comer told Fox News’ Trey Gowdy. “If the Merrick Garland Department of Justice will not hold this family accountable, then maybe if Trump is president, a Trey Gowdy Department of Justice can hold this family accountable.”

The Comer oversight overreach extends to a threat to hold Attorney General Merrick Garland in contempt if he doesn’t turn over the audio tapes of the interview special counsel Robert Hur conducted with President Biden in his classified documents probe. That’s after the disastrous hearing Jordan and Comer held last month, intended to show that Biden is too old and doddery to be trusted as commander in chief.

That backfired when the Justice Department released the transcript of the Biden interview, which showed that Biden’s memory was not failing, and in fact Hur remarked on Biden’s “photographic understanding and, and recall of the house” in Delaware where documents were found. But Comer and Jordan—who have been given free rein by GOP leadership to continue to embarrass them all—are sure that they can find some nugget of a cover-up on the part of Garland in all of this.

Mostly, though, they want to help Trump in his revenge plots. So they’re just going to keep burrowing into the hole they’ve dug. They could quit while they’re behind, but the need to avenge Trump just won’t let them.

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House GOP scrambles to appease Trump after Biden impeachment fails

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GOP seeks new way to attack Biden since impeachment scheme is a bust

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Texas AG Ken Paxton skirts the law—again

Mere months after taking office in 2015, Texas Attorney General Ken Paxton surrendered to authorities on three felony counts related to securities fraud. But after getting his mugshot taken and posting a $35,000 bond, Paxton spent the next nine or so years making sure that the law was a bludgeon to be used against other people. People who are not rich, white, politically empowered Republican men.

On Tuesday, weeks before that 2015 case was finally set to go to trial, the special prosecutors handling Paxton’s case announced a very special deal. Rather than facing a pair of first-degree felonies, each of which could have brought a minimum sentence of five years, and a third-degree felony that might have added at least two more, Paxton will face … zero years. Also zero months, zero days, and zero charges.

Instead, Paxton will agree to pay back the money he allegedly defrauded, attend a class on “legal ethics,” and do 100 hours of community service. He doesn’t have to pay a fine to the state. He doesn’t even have to plead guilty. Instead, all charges are dropped and Paxton can carry on with the vital work of threatening hospitals and protecting Texas’ right to drown children with razor wire.

Paxton’s get-out-of-felony-free deal comes six months after the state Senate acquitted him in an impeachment trial where he was clearly guilty. Paxton was overwhelmingly impeached in the Texas House in May 2023, on charges that included bribery, obstruction of justice, dereliction of duty, and misappropriation of public resources. In the middle of those charges was a scheme in which a wealthy donor reportedly provided a job to Paxton’s mistress and seven members of Paxton’s staff resigned.

But immediately following his impeachment, Donald Trump pressured Texas state senators to show their loyalty by acquitting Paxton, and in behind-the-scenes negotiations, none were willing to stand up and provide the critical vote that would have impeached the Texas AG.

Paxton was also allowed to skate by the state bar association, which said it couldn’t discipline Paxton for supporting false claims of election fraud. An almost four-year-old FBI investigation that began in relation to charges leveled by some of those who resigned from Paxton’s office has yet to result in any charges.

While benefiting from the immunity of the wealthy and politically connected, Paxton has continued to use the law as a club against those who aren’t so lucky. That includes his infamous war against Kate Cox, who sought to end a nonviable pregnancy that threatened her health and potentially her life. Cox was ultimately forced to leave the state to seek relief after Paxon appealed a district court decision that would have allowed her to obtain a medical abortion.

Paxton has also been on the forefront of claims about an immigrant invasion. That includes issuing a reply to a Supreme Court ruling in January, claiming that it “allows Biden to continue his illegal effort to aid the foreign invasion of America,” and seeking to end the Deferred Action for Childhood Arrivals program, which can protect from deportation children who were brought into the country illegally. Paxton not only sued the federal government for cutting through barriers of razor wire, he also refused to consider removing that wire after a woman and two children drowned.

Like a lot of Republicans, Paxton seems to have a very strict view of the law when it is being used against someone else, and an absolute disdain for it when it’s turned his way.

But considering how many things he's gotten away with over so many years, Paxton has a right to feel like Texas law is a joke. And he always seems to get the last laugh.

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GOP impeachment inquiry pronounced dead and ‘dunzo’ after latest hearing flops

On Wednesday, the Republican Party attempted, once again, to slander President Joe Biden. Using their control over the House Oversight Committee to hold yet another stunt hearing, ostensibly in their investigation of the president for possible impeachment. The hearing went so poorly that many are calling the evidence-free impeachment shenanigans officially dead. 

The fact that Florida Democratic Rep. Jared Moskowitz wore a Vladimir Putin Halloween mask to the committee hearing, in a playful bit of political theater, illustrated how absurd this farce has become. Media Matters’ Matthew Gertz pointed out that even Fox News’ Sean Hannity, Donald Trump’s bestest buddy, chose to bury the hearing on his nightly show. If you can’t get the same bozos who ran your evidence-free propaganda to run it anymore … them’s the breaks. 

Rep. Eric Swalwell used his time to pronounce the sham inquiry “Dunzo. Bye bye. Rigor mortis. Lights out. Curtain drop. Mic drop. Peace. Adios. Sayonara. Au revoir. Or a language that you all understand, ‘Do svidaniya.’” 

Swalwell even put a time on the death of the impeachment!

Like previous Republican-led hearings on the matter, this latest hearing was one Democratic representatives pulled no punches. Rep. Jasmine Crockett took her time to remind everyone that Hunter Biden testified for hours, and the GOP got nothing out of it. Crockett pointed out that the only person Republicans seem to be unwilling to subpoena is the person who generated the “evidence” they claim they are investigating: Rudy Giuliani. 

“But, you know, kind of like when we were trying to get his cell phone, they shut it down, right?” Crockett said. “Like, they don't want the facts.”

Rep. Jamie Raskin allowed former Trump aide Lev Parnas to give some of the most damning testimony, casting absolute doubt on Giuliani’s “fact-finding” mission in Ukraine, and highlighting the complicity of right-wing propaganda operators like Sean Hannity in spreading misinformation.

The GOP “case” against the Biden family has consisted of disappointing "bombshell" evidence and star witnesses who contradict the Republican narrative. Last week, the Republican-led House Judiciary Committee brought in former special counsel Robert Hur in an attempt to characterize the president as mentally unfit for office. It went poorly. Democratic members of Congress put together not one, not two, but three supercuts showing how bizarre Donald Trump is, once again making Biden’s competency as a world leader that much more striking.

Thoughts and prayers.

The president of the Center for American Progress, Patrick Gaspard, joins us to give his thoughts on what the Republican Party’s actual message is.

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Florida Democrat gives GOP a sarcastic taste of their own medicine

If Rep. Jared Moskowitz hadn’t won election to the House for Florida’s 23rd Congressional District, he might have been a roast master. Moskowitz has a special knack for mocking MAGA House Republicans, particularly Rep. James Comer of Kentucky, chairman of the House Oversight Committee.

On Wednesday, Moskowitz wanted to make a point about just whose bidding Comer was doing before heading into a hearing on “Influence Peddling: Examining Joe Biden’s Abuse of Public Office.” The hearing was yet another chapter in House Republicans’ failing and increasingly embarrassing attempt to use allegations about Hunter Biden’s business dealings to impeach the president.

Moskowitz showed up for the hearing wearing a mask of Russian President Vladimir Putin as he walked down the hallway. House Democrats have accused Comer and other Republican committee members of spreading Russian disinformation about the Bidens.

RELATED STORY: House GOP can’t wait to have hearings on how old Biden really is

.@RepMoskowitz wears Putin mask to hearing on Biden Family Business Dealing pic.twitter.com/jZdGcaImxO

— Howard Mortman (@HowardMortman) March 20, 2024

A reporter asked Moskowitz: “Congressman, can you explain what you are wearing?”

And acting in character, Moskowitz replied: “I just came to thank James Comer for taking all of our intelligence and using it in the committee. Maybe he can come see the technology in our grocery stores. Thank you.”

That reference to grocery stores was a dig at former Fox News host Tucker Carlson, who, during his visit to Moscow to interview Putin, posted a widely mocked video in which he praised a Russian grocery store for its low prices.

Another reporter then asked Moskowitz: “Congressman, don’t you think this behavior is kind of immature?”

Moskowitz did not reply and could be seen removing the mask as he entered the chamber.

Moskowitz’s masking was intended to draw attention to recent developments in the Biden impeachment inquiry when Republicans’ key witness, Alexander Smirnov, was arrested and accused of lying to authorities about a multimillion-dollar bribery scheme involving the Biden family’s business dealings in Ukraine. Then prosecutors revealed that Smirnov claimed extensive foreign contacts, including to officials linked to Russian intelligence, portraying him as part of an ongoing foreign plot to spread disinformation and interfere with U.S. democracy.

So far, the exhaustive and lengthy investigation by House Republicans has not turned up any substantial evidence showing that President Biden engaged in any wrongdoing.

All joking aside, Moskowitz can be serious too. This is what he said about the impeachment inquiry in February during a CNN Interview:

Moskowitz: When did James comer know this was false? And how long did he conceal that from the American people? Those are he'll questions we need to get to the bottom of. When did he find out that this was a lie.. and they were still using this information pic.twitter.com/uFA2AJlYEu

— Acyn (@Acyn) February 16, 2024

But Moskowitz, a member of the committee, often uses humor to make his point. After Smirnov’s arrest was revealed, Moskowitz mocked Comer with a gif of the “you sit on a throne of lies” line from the movie film “Elf.”

“The witness of the FD-1023 form was just indicted for making it all up,” wrote Moskowitz, who quoted a post by Comer where he cited an FBI form that documented Smirnov’s claims.

The witness of the FD-1023 form was just indicted for making it all up https://t.co/gEkZmTkTOG pic.twitter.com/wx0HA4y1Fl

— Jared Moskowitz (@JaredEMoskowitz) February 15, 2024

And back in November, when Moskowitz brought up allegations about Comer’s own business dealings with his brother, Comer said the Florida Democrat looked like a “Smurf.” To which Moskowitz responded on X: “Gargamel was very angry today.”

Gargamel was very angry today. https://t.co/aLMzok63g9

— Jared Moskowitz (@JaredEMoskowitz) November 14, 2023

During another hearing, Moskowitz expected that one of the Republicans on the committee might attack Hunter Biden for naked photographs reportedly found on his laptop, The Daily Beast reported. So he was prepared when Rep. Marjorie Taylor Greene of Georgia whipped out the nude photos of Hunter Biden at the January hearing. Moskowitz then held up an enlarged photo of Trump with his arm around convicted sex trafficker Jeffrey Epstein.

He told Greene: "You come up here and talk about Hunter Biden’s behavior, and you’re so disgusted, but the guy that you all kneel to associates himself with a pedophile.” Moskowitz told The Daily Beast at the time that it’s the Democrats’ job to give the committee’s Republicans a “taste of their own medicine.”

“They’ve decided to turn it into Cirque du Soleil Oversight where literally, it’s just a total show,” Moskowitz said. “If that is the game that they are going to play, then game on.”

RELATED STORY: GOP seeks new way to attack Biden since impeachment scheme is a bust

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House GOP scrambles to appease Trump after Biden impeachment fails

The House Republicans’ big plans to impeach President Joe Biden have imploded, forcing them to acknowledge they don’t have the votes to impeach on the flimsy evidence they’ve scraped together. So they’re trying to figure out how to make 14 months of wasted time investigating Biden look like it was serious, and have come up with the idea of packaging it all up in a criminal referral and sending it to the Department of Justice.

That’s coming straight from House Oversight Committee Chair James Comer’s mouth. You know Comer, the hapless bumbler who admitted last spring that he couldn’t find any Biden crimes, but kept on “investigating” anyway, only to see all those months of nonsense blown out of the water when it was revealed last month that one of his star witnesses was being fed false information by Russian agents. 

So it’s time to pivot. “At the end of the day, what does accountability look like? It looks like criminal referrals,” Comer recently told Fox New host Sean Hannity. “It looks like referring people to the Department of Justice. … If Merrick Garland’s Department of Justice won’t take any potential criminal referrals seriously, then maybe the next president, with a new attorney general, will.”

This new strategy seems to come at the direction of Donald Trump, who’d love to have locking Biden up as a central campaign theme this year. Comer’s interview with Hannity came shortly after Comer just so happened to run into Trump while having lunch with Trump donor Vernon Hill at one of Trump's Florida properties. What a coincidence they bumped into each other! 

It certainly wouldn’t be the first time Republicans took their marching orders from Trump. One MAGA lawmaker, Texas Rep. Troy Nehls, even admitted that the motivation for him on impeachment was to give Trump “a little bit of ammo to fire back” at Biden in this year’s presidential race. Just like how Republicans killed the Senate’s bipartisan immigration bill, on Trump’s orders.

House Speaker Mike Johnson confirms they are talking about criminal referrals, but he won’t commit to it. He told CNN he’s just been too busy to keep up with the investigations. “To be very frank with you, very honest and transparent because I’ve been so busy with all my other responsibilities, I have not been able to take the time to do the deep dive in the evidence, but what has been uncovered is alarming,” but that there’s “more deliberation to be done on it that’s for sure.”

There sure is. The decision to make a criminal referral against a sitting president—knowing that the Department of Justice would almost certainly have to defer it—isn’t something all Republicans relish. Even the hard-line conservative and very shady California Rep. Darrell Issa is throwing cold water on the idea, telling The New York Times, “We don’t refer a seated president for criminal charges.” He added that maybe they could make criminal referrals for Biden family members, “but most of what we’ve discovered they already knew.” 

Vulnerable Republicans, whom Johnson desperately needs to keep the House majority, likely want to distance themselves from the whole thing. One of them, Rep. Nick LaLota of New York, told CNN that he has way more important things to deal with. “I’m focused on five or 10 things other than that right now,” he said.

What happens next will have to be decided by the whole conference, and Johnson is going to have to lead. With Trump and MAGA members pressing for criminal referrals and plenty in the conference just wanting to forget the whole thing, it’s going to cause even more dissension in the ranks. 

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The ripple effects of the Dobbs decision are impacting not only the right to an abortion but also abortion funding, IVF, and even recreational sex. Joining us on this week's episode of "The Downballot" is Grace Panetta, a political reporter at The 19th who has closely covered the electoral consequences of this ever-widening set of issues. Panetta highlights key races this year where reproductive rights will take center stage, including ballot initiatives in multiple states, efforts to repeal bans on public funding of abortions, and an upcoming special election in Alabama, the state that just thrust IVF into the limelight.

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GOP seeks new way to attack Biden since impeachment scheme is a bust

Tuesday’s House Judiciary Committee hearing with special counsel Robert Hur showcased Republican desperation to find some way to attack President Joe Biden.

Despite the release of a full transcript of the interview between Hur and Biden that showed complaints about the president’s memory to be exaggerated, if not outright lies, many Republicans continued to pursue the Biden-so-old route. Texas Rep. Nathaniel Moran went so far as to suggest that Biden should be placed under guardianship for diminished mental capabilities

At the same time, committee Chair Jim Jordan was one of multiple Republican members who asked Hur to envision fantasy scenarios in which the president was 15 or 20 years younger. That was part of an extended, and sometimes laughably desperate, effort by Republicans to get Hur to say that somehow, somewhen, somewhere in the multiverse, he might have considered charging Biden. They did not succeed.

But the biggest reason for the Hur hearing wasn’t just to give a chance to alternate between asking whether Biden should be in a care facility or if he’s a criminal mastermind. The reason that the Republicans called in Hur is that their big impeachment scheme has fallen apart. Now they are madly searching for something, anything, that they can throw against the walls of the White House.

As Politico reported on Wednesday, the Republican plan to impeach Biden appears to be all but dead. That effort began as soon as Republicans had their hands on the machinery of the House, with Rep. James Comer chairing the House Oversight Committee running a parallel “investigation” with Jordan on the Judiciary Committee and Chairman Jason Smith on the Ways and Means Committee. It reached its ludicrous peak on Sep. 12, 2023, when then-Speaker of the House Kevin McCarthy announced a formal impeachment inquiry in a blatant effort to hang onto his big office. That didn’t work.

By the time Hunter Biden made his way to a closed-door meeting of the inquiry on Feb. 28, 2024, it seemed clear Republicans were only spinning their wheels. Despite hundreds of interviews and thousands of documents, Republicans had produced nothing more than some truck payments, family loans, and a heavily debunked claim from an indicted foreign agent

However, as the Politico article notes, Republicans see it as a high priority to “antagonize the White House.”

It might seem that getting some legislation passed after a session in which Republican infighting resulted in just 27 bills escaping the House (that includes renaming some Veterans Affairs clinics and issuing a commemorative coin). But Republicans are convinced that demonstrating competence in governing doesn’t matter to their voters. 

So they are just going to throw crap against the walls of the Capitol in the hopes that some of it might stick.

Among the Republican Plan Bs under consideration are:

  • Sending criminal referrals for Hunter Biden to the Justice Department. 

  • Keep investigating, but save any announcements for closer to Election Day.

  • Just keep investigating and making false claims—because that’s worked so well so far.

There’s also a plan to sue the Department of Justice, though it’s not clear why. 

There’s even a suggestion that Republicans might do something that seems anathema to them so far—draft legislation. In this case, it would be legislation to tighten rules for financial reporting and foreign lobbying.

However, not only would this require them to break out a pencil stub and do the work they’ve resisted since taking control of the House in 2023, it would also mean drafting something that would pass the Senate. It could be exceedingly difficult to craft a bill on financial reporting that didn’t have a much bigger impact on Donald Trump than Biden. Ditto on issues of foreign lobbying.

The problem for Republicans is that Trump and his family did all the things they’ve been attributing to Biden and his family. Which would seem to make the legislative route difficult without netting the wrong fish.

Other options, like the idea of making a criminal referral on Hunter Biden, would be an obvious exercise in toothless grandstanding. But that hasn’t seemed to bother Republicans so far, so this is likely what they’ll do.

Republicans are reportedly so far away from mustering enough support for a Biden impeachment that even Speaker of the House Mike Johnson can see that such a move would fail. But they’re unwilling—and possibly incapable—of trying to dig their way back to respectability by passing legislation that addresses the nation’s needs.

So they’re going to sit among the ashes of their very fine impeachment inquiry and try to find something else ugly enough to please MAGA voters. So far, they’ve got nothing.

The Bulwark’s Sarah Longwell joins Kerry to discuss the State of the Union and what President Biden needs to do to soundly defeat Donald Trump in Novembe.

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