House Republicans rally around ‘idiotic’ plan to punish judges

Egged on by wannabe dictator Donald Trump, House Republicans are pushing GOP leadership to let them embark on impeachment proceedings against federal judges who dare to rule against their Dear Leader—a time-consuming and destined-to-fail effort that harms the rule of law and could even wound the Republican Party in elections moving forward.

Multiple Republican lawmakers have filed articles of impeachment against four federal judges who recently ruled against the Trump administration.

“Congress has the constitutional power to impeach rogue activist judges—and we intend to use it,” Republican Rep. Brendan Gill of Texas, who filed articles of impeachment against a federal judge who ordered the Trump administration to turn around planes that were deporting alleged Venezuelan immigrants to a gulag in El Salvador, wrote in a post on X.

House Republicans are pushing for the impeachments to move forward even as Politico reported that some GOP lawmakers view the effort to be “idiotic.”

“You don’t impeach judges who make decisions you disagree with, because that happens all the time,” Republican Sen. John Cornyn of Texas told Politico in early March. “What you do is you appeal, and if you’re right, then you’re going to win on appeal.”

Supreme Court Chief Justice John Roberts

Even Chief Justice John Roberts warned that impeachment is not the way to handle disagreements with judicial decisions.

“We are going to keep the impeachments coming,” Republican Rep. Andy Ogles Tennessee wrote in a post on X. Ogles himself filed articles of impeachment against a judge who ordered the Trump administration to restore websites it had taken down to comply with Trump's executive order targeting “gender ideology extremism.”

But complicating things for Republican leadership is that Trump blessed the impeachment efforts on Tuesday, saying that the judge who tried to block his effort to deport immigrants without due process is a "Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama."

“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!! WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!” Trump wrote in a deranged Truth Social post.

Co-President Elon Musk, who has threatened to fund primary challenges to Republicans who don’t do what Trump says, also wants judicial impeachments.

“This is a judicial coup. We need 60 senators to impeach the judges and restore rule of the people,” Musk wrote in a post on X on Tuesday after another federal judge ruled against the Trump administration, this time on its attempted ban of transgender troops.

Given that GOP leaders acquiesce to all of Trump's wants, no matter how immoral or unconstitutional, his demand puts them in a difficult place of having to choose what’s right or to make their Dear Leader happy. 

“Everything is on the table,” Russell Dye, a spokesperson for House Judiciary Chair Jim Jordan, told Politico. An unnamed spokesperson to House Speaker Mike Johnson also told Politico that judges “with political agendas pose a significant threat” and that Johnson "looks forward to working with the Judiciary Committee as they review all available options under the Constitution to address this urgent matter.”

Speaker of the House Mike Johnson

But as aides for Johnson publicly said all options are on the table, top GOP aides privately admitted the impeachment route is stupid and will take up time the House needs to pass the rest of Trump’s destructive and unpopular agenda.

“It’s never going to happen,” an unnamed senior Republican aide told Politico. “There aren’t the votes.”

Plus, forcing Republicans to vote on impeachment could be politically damaging for the GOP.

Polling from February—when Republicans began crowing about impeaching judges who ruled against Trump—showed that voters want Trump to follow court orders.

"This court issue is a big loser for Trump," CNN's Harry Enten wrote in a post on X, referring to a Washington Post poll from February. "The belief that Trump must follow court orders is more popular than Mother Teresa: 84% of all adults, 92% of Dems, 82% of Indies & 79% of the GOP."

Other polls have similar findings, including an NBC News survey released Wednesday. It found that a plurality of voters (43%) believe the president and executive branch have too much power, as opposed to the 28% who believe the Supreme Court and judicial branch have too much.

The cherry on top of this for GOP leaders is that their members would be taking potentially damaging votes on impeachment for nothing. The charges would be disposed of in the Senate, where there is no way on earth that two-thirds of the chamber would vote to convict and remove judges. Republicans have just 53 votes there. To impeach a judge, they’d need 14 Democrats to also join in. 

But never put it past Republicans to do stupid things in the name of subservience to Trump.  

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House GOP tries to rain on DNC parade with absurd impeachment report

With all eyes on Vice President Kamala Harris’ surging campaign and this week’s Democratic National Convention, Republicans are trying to grab headlines Monday by releasing the report of their baseless, purely political impeachment inquiry of President Joe Biden.

To be sure, they’re getting those headlines. For example, in The New York Times: House G.O.P. Makes Impeachment Case Against Biden Without Proof of Crime.

And from there, it only gets worse for them.

With President Joe Biden leaving office in January, House Republicans’ inquiry is very unlikely to move forward, and as further proof that it was all politics all along, the Oversight, Judiciary, and Ways and Means committees released all 291 pages of this bullshit report on the first day of the Democratic National Convention. 

It’s been clear for months that the inquiry’s main drivers—Oversight Chair James Comer and Judiciary Chair Jim Jordan—had nothing. In fact, in the report, Comer and Jordan basically admit as much while saying it feels like there should be something.

“An abuse of power may also be present even if, as some claim, the Biden family was only selling the ‘illusion’ of influence and access,” the report says, and adds, “It is not necessary for the House of Representatives to show that the dealings involved a quid pro quo to rise to the level of an impeachable offense.”

In other words, House Republicans have no evidence, but they don’t need no stinking evidence.

Except, of course, they do. They have to convince a majority of the House to impeach Biden and a majority of the Senate to convict him. And it’s been clear for months that they haven’t even been able to convince a majority of House Republicans to do it.

House Speaker Mike Johnson seems to know the votes aren’t there, and that the few weeks that Congress will be in session before the election will be all about passing a short-term government funding bill, which is going to be a big fight. House Republicans could come back after the election and try it, but that would really put the “lame” in “lame-duck session.”

On Monday, the White House gave the report the ridicule it deserves.

“After wasting nearly two years and millions of taxpayer dollars, House Republicans have finally given up on their wild goose chase,” said Sharon Yang, a White House spokesperson. “This failed stunt will only be remembered for how it became an embarrassment that their own members distanced themselves from as they only managed to turn up evidence that refuted their false and baseless conspiracy theories.”

“The American people deserve more from House Republicans, and perhaps now they will finally join President Biden in focusing on the real issues that American families actually care about,” Yang added.

Democratic Rep. Jamie Raskin of Maryland joined in, saying, "Their compulsive flailing about has not only proven, once more, that President Biden committed no wrongdoing, much less an impeachable crime, but has paradoxically vindicated Biden’s essential honor and decency."

Thus it appears that the ridiculous, monthslong probe into the supposed “Biden crime family” limps to a close. Not to worry, Comer has already found his next goose chases: going after Harris over the border and her running mate, Tim Walz, “a longstanding and cozy relationship with China.” 

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Shocker: House GOP gives up on Biden impeachment dreams

If there was any question that the House GOP’s investigations into President Joe Biden and his “crime family” were purely political, House Oversight Committee Chair James Comer just put that doubt to rest. Now that Biden’s not running for reelection, Comer doesn’t care what happens with the impeachment inquiry.

“I feel like we’ve done our job. … Our part of the report has been finished for a long time. They can publish it or not — I guess things change if he’s not running again,” Comer told Politico.

That capitulation comes after countless hours—and taxpayer dollars— wasted, and plenty of embarrassment for Comer and his fellow impeachment hound, Judiciary Committee Chair Jim Jordan. House Republicans introduced 11 separate impeachment resolutions against Biden.

Extremist Rep. Lauren Boebert of Colorado filed one of those resolutions, and she’s ready to move on, too. 

“I think Republicans’ best strategy is introducing Kamala Harris to the world,” she said, ready to bail on the pointless quest for revenge that most defined the Republican majority this session. At least their legacy of chaos lives on!

But there are still a few holdouts who aren’t quite ready to let go.

Reps. Chip Roy of Texas and Nancy Mace of South Carolina have each introduced resolutions calling on Vice President Kamala Harris to invoke the 25th Amendment to remove Biden from office on the grounds that he is incapacitated. They’re not getting a lot of takers: Roy has three co-sponsors, while Mace has zero.

Rep. Andy Ogles of Tennessee still has the impeachment bug—but his target has shifted. He has introduced two separate resolutions to impeach Harris for “high crimes and misdemeanors,” with a grand total of two co-sponsors. 

Rep. Dusty Johnson of South Dakota is one of the House Republicans who is over all of this. When asked about the possibility of pivoting to impeaching or investigating Harris, he told Politico, “we’ve got appropriations we need to take care of.”

That’s a nice excuse, but that’s not happening either. The House was supposed to pass four of the 12 necessary government funding bills for 2025 by the end of July. Instead, GOP leaders have canceled votes and are now preparing to start their August recess early after a quick Thursday morning session.

House members will be away from D.C. until Sept. 9, and then they’ll have to focus entirely on making sure the government doesn’t shut down on Oct. 1, when the 2025 fiscal year starts. All of the GOP’s hopes and dreams for revenge against the Democrats are circling down the toilet.

Let’s exact some revenge of our own. Contribute now to help flip the House back to Democrats!

House GOP sure wasted a lot of America’s time and money on Biden

Republicans have wasted so much: It’s not just the carloads of “Let’s Go Brandon!” merch now on its way to landfills, it’s a huge amount of time and money that is owed directly to Americans. As soon as they gained a small majority—and once they were past the first round of follies in naming a speaker—Republicans got right on their No. 1 priority.

That priority wasn’t passing legislation to help people. They've been one of the least effective Congress in history. Instead, they jumped right into the most important task of all modern Republicans: Showing their loyalty to Donald Trump by launching unfounded attacks on his opponents. 

In the House, that meant not one, not two, but three simultaneous investigations into everything Biden. A car loan, his son's private parts, anything was fodder for a mill meant to crank out a never-ending stream of Biden "scandal."

All of this is completely worthless to the country. Now it’s not even useful to Trump.

The Republican grovel fest, headed up by Reps. James Comer and Jim Jordan, was ridiculous from the outset. 

There was the fake FBI document produced by a Russian mole whose repeated claims were originally pushed in 2019 by Rudy Giuliani and were debunked almost as soon as they appeared. That hasn’t stopped Jordan from repeating these easily disproved lies and pretending to seriously investigate Biden’s actions in helping to get rid of a corrupt official. 

Meanwhile, Comer was busy trying to prove that Biden was the recipient of money from China, talking up a witness who could prove everything if Republicans could find him. Comer went after Hunter Biden for paying back a small loan when Biden wasn’t even in office. Then there was a small personal loan to his brother, also while Biden wasn’t in office. In the end, they turned on Attorney General Merrick Garland when they could find no reason to impeach Biden. 

That was the biggest problem for these Republicans: Biden hadn't done anything wrong. But that didn't stop them from crowing over every false claim as if it were proof that Biden was the godfather of the "Biden crime family." A crime family that is somehow so huge and corrupt and has netted Biden a beach home that isn’t even on the beach rather than towers full of golden targets. 

Efforts to generate support for a Biden impeachment ran out of steam last fall, so Republicans were never able to present to Trump that “see, he was impeached too!” present they were so anxious to deliver. By spring, Republicans were looking for some way to escape this whole pointless exercise.

And now ... all of it is a waste. Republicans loved to complain about how much former FBI Director Robert Mueller spent investigating Trump’s connections with Russia, but they haven’t been as quick to post how much they’ve spent investigating Biden to absolutely no purpose. 

Want to see how important it really was? Just watch how quickly Republicans drop these investigations for vital hearings over plastic straws and whether or not Harris was too tough on crime.

But, even before Biden withdrew from the election, this was already a waste. For everything they had done, House Republicans never laid a finger on Biden. Nothing stuck to Biden because it was all malarkey.

But they did show that they were completely under Trump's control so ... job well done.

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House GOP wants to prosecute Biden’s family days after Trump conviction

Republican Reps. James Comer, Jim Jordan, and Jason Smith announced on Wednesday that they are referring President Joe Biden’s son Hunter and brother James for "criminal prosecution" to the Department of Justice. The referral accuses Hunter and James of “making false statements to Congress.”

The announcement wasn’t exactly a surprise, as GOP hard-liners had already laid out a “payback plan” to help Donald Trump following his conviction last week on 34 felony counts. As Politico reported on Tuesday, the criminal referrals were something that Comer, Jordan, and Smith could push through without support from other House members, since even some of their fellow Republicans are skeptical of their stunt “investigations.”

Ever since gaining control of the House, Republicans have conducted multiple simultaneous inquiries into every member of Biden's extended family. The original plan was to gift Trump with a Joe Biden impeachment so that Trump could feel better about having been impeached (twice). But that plan fizzled out badly after the kangaroo court that went after Biden displayed hilarious levels of incompetence

Now the House GOP’s Turgid Trio has produced a sorry document riddled with debunked claims, half-truths, and outright lies.

The announcement blares that Comer & Co. have tracked millions of ill-begotten dollars to members of Biden's family, "related companies," and "business associates"—which actually means this was a game of Six Degrees of Separation in which Republicans claimed that every transaction, no matter how remote, was tied to "Chinese money.”

It seems unlikely that the public will be very interested in how unspecified entities did business with something called Rosemont Seneca Bohai, LLC, which also had business with Hunter Biden, and how Hunter may have mistakenly sent texts to the wrong person, which could be read as implying his father was present. Only he wasn’t.

Or how James Biden made money at his business and later repaid his brother for a small personal loan. The trio insists this was Chinese money because someone paid someone who paid someone who paid James Biden who paid back Joe Biden.

By that standard, isn’t it all Chinese money, or Russian money, or whatever anyone wants to claim?

Another charge against James Biden claims that someone named Tony Bobulinski remembered James being at a meeting that he said he didn’t attend. Not that his presence or absence at the meeting made a whit of difference—this was just all that Comer, Jordan, and Smith could find by combing through hours of testimony and looking for contradictions.

Maybe in some deep-cut version of “Fox & Friends,” Bobulinski is a star and Rosemont Seneca is on everyone’s tongue. But outside that pocket universe, all of this is simply malarkey, to borrow one of Joe Biden’s favorite terms.

This latest stunt is mostly an excuse for Comer and Jordan to grab air time and distract Fox News viewers with talk about the "Biden crime family" in hopes of making a false equivalence to Trump's very real felony conviction.

It’s a very, very, very good bet that Attorney General Merrick Garland won’t jump on these referrals, because the evidence is unimaginably weak and the document attached to the charges contains far more lies than any alleged wrongdoing by Hunter or James Biden. But for the Republican trio, that’s also a part of the plan.

Because when the DOJ rightly ignores these nonsense charges, they'll get to make fresh complaints about Biden, Merrick Garland, and the "weaponized" justice system.

It’s all hogwash. But doing all they can to ingratiate themselves with Trump is the House GOP’s No. 1 job, after all.

Donald Trump was convicted on 34 counts of falsifying business records on May 30. What are potential voters saying about this historic news? And what is the Biden-Harris campaign doing now that the “teflon Don" is no more?

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House GOP targets attorney general after failing to dig up dirt on Biden

The House Judiciary Committee and the House Oversight and Accountability Committee are holding hearings Thursday to consider holding Attorney General Merrick Garland in contempt of Congress. The Department of Justice has refused to provide recordings of special counsel Robert Hur’s interviews with President Joe Biden and his ghostwriter in the classified documents probe, having already provided the transcripts of those interviews. 

The outcome of these meetings isn’t in question; committee chairs Jim Jordan and James Comer will push the contempt vote to the House floor. They remain intent on finding anything that they can use to impeach Biden and/or members of his administration, and they won’t let the fact that their efforts so far have been ridiculous stop them. 

It took them two tries to impeach Homeland Security Secretary Alejandro Mayorkas, only for the Senate to swat it away. The star witness in their Biden impeachment case turned out to be a Russian mole. And they’ve already been down the road of trying to use Hur’s report to prove Biden unfit for office—a game that Hur refused to play in Jordan’s disastrous hearing. But no embarrassing defeat is going to stop them.

“These audio recordings are important to our investigation of President Biden’s willful retention of classified documents and his fitness to be President of the United States,” Comer said in a press release. 

The DOJ has in fact been providing information to Comer and Jordan. In February, it even gave them access to two of the classified documents Biden had from his time as vice president, which Comer insisted were critical to his investigations. 

But Comer “has not yet taken us up on our offer,” DOJ Assistant Attorney General Carlos Uriarte wrote in refusing the team’s subpoena for more information. 

Uriarte detailed all of the information they had provided in response to their demands and subpoenas in his initial letter to Jordan and Comer in April and concluded “we are therefore concerned that the Committees are disappointed not because you didn’t receive information, but because you did.”

In his second letter to the chairs, Uriarte reiterated that point.

“It seems that the more information you receive, the less satisfied you are, and the less justification you have for contempt, the more you rush towards it,” he wrote. “[T]he Committees’ inability to identify a need for these audio files grounded in legislative or impeachment purposes raises concerns about what other purposes they might serve.”

The purpose, of course, is having audio and video that they can chop up to show Biden unfavorably in their televised hearings. They got the transcripts for their hearing with Hur, but they didn’t find anything, so of course they’re doubling down. It’s Jordan and Comer—what else are they going to do?

But this latest sham does at least give Democrats on the committees yet another opportunity to own Republicans in the hearings.

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Ian Bassin is the former associate White House counsel and co-founder and executive director of Protect Democracy. Protect Democracy is a nonprofit, nonpartisan group focused on anti-authoritarianism, how to protect our democracy, and safeguarding our free and fair elections.

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House GOP manufactures new fight after Biden impeachment fails

House Republicans’ attempt to impeach President Joe Biden has fizzled out. But the two members tasked with the job, Judiciary Chair Jim Jordan and Oversight Chair James Comer,  needing to atone for their failure, have picked another fight: threatening to hold Attorney General Merrick Garland in contempt over the Department of Justice’s refusal to provide the audio recordings of Biden’s interview with special counsel Robert Hur in the classified documents probe. 

Garland is refusing to play their game. 

On Thursday, the DOJ refused for a second time to provide that audio, arguing that it has complied in full with the committees’ subpoenas for information. It provided both the transcription of the Biden interview as well as Hur’s interview with Biden’s ghostwriter Mark Zwonitzer for Jordan’s big disaster of a hearing. Two months ago, it even gave Jordan and Comer access to two of the classified documents, which Comer insisted were critical to his investigations. 

But Comer “has not yet taken us up on our offer,” DOJ Assistant Attorney General Carlos Uriarte wrote.

In Uriarte’s first letter to Jordan and Comer earlier this month, he detailed all of the information they had provided in response to their demands and subpoenas. 

“The Committees’ reaction is difficult to explain in terms of any lack of information or frustration of any informational or investigative imperative, given the Department’s actual conduct,” Uriarte wrote. “We are therefore concerned that the Committees are disappointed not because you didn’t receive information, but because you did.”

Uriarte reiterated that point Thursday. 

“It seems that the more information you receive, the less satisfied you are, and the less justification you have for contempt, the more you rush towards it,” he wrote. “[T]he Committees’ inability to identify a need for these audio files grounded in legislative or impeachment purposes raises concerns about what other purposes they might serve.”

Those purposes are clearly political. They need to keep up the fight against Biden and are scrambling for whatever they can get. They also probably believe that the audio of the interview could be damaging to Biden. Hur’s report included gratuitous hits about Biden’s age and mental acuity, so Jordan and Comer want to play it during their hearings, knowing that the media would eat that up

Uriarte outlined the DOJ’s concern about that, writing that it would impinge on Biden’s privacy and that “courts have recognized the privacy interest in one’s voice—including tone, pauses, emotional reactions, and cues—is distinct from the privacy interest in a written transcript of one’s conversation.”

He also implied that Comer and Jordan can’t be trusted with the audio, writing that it could be manipulated by “cutting, erasing, and splicing.” 

That’s a safe assumption on Uriarte’s part.

After basically crying “uncle” on impeaching Biden on influence peddling, being humiliated over their Alejandro Mayorkas impeachment stunt, and losing on Ukraine and government funding, Jordan and Comer are itching for revenge.

But the DOJ has called them on it

“The Committees have demanded information you know we have principled reasons to protect, and then accused us of obstruction for upholding those principles,” Uriarte wrote. “This deepens our concern that the Committees may be seeking conflict for conflict’s sake.”

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Here's one way to avoid dealing with election results you don't like: just wipe them from the record books. It's not Orwell—it's Arizona, and we're talking all about it on this week's episode of "The Downballot." This fall, voters have the chance to deny new terms to two conservative Supreme Court justices, but a Republican amendment would retroactively declare those elections null and void—and all but eliminate the system Arizona has used to evaluate judges for 50 years. We're going to guess voters won't like this one bit … if it even makes it to the ballot in the first place.

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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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