House Republicans subpoena DOJ for materials related to Special Counsel Hur interview of Joe Biden

House Republicans have subpoenaed Special Counsel Robert Hur for the transcript and any recordings of President Biden’s interview from the investigation into the president’s mishandling of classified documents.

Republicans leading the impeachment inquiry — House Oversight Committee Chair James Comer, House Judiciary Committee Chair Jim Jordan and House Ways & Means Committee Chair Jason Smith — requested the materials related to Biden's October 2023 interview be turned over to Congress earlier this month and set a deadline of Feb. 19. That deadline was not met, but the Justice Department said it was "working to gather and process" responsive documents. 

HOUSE REPUBLICANS DEMAND TRANSCRIPT OF BIDEN’S INTERVIEW WITH SPECIAL COUNSEL AS PART OF IMPEACHMENT INQUIRY

The subpoena, reviewed by Fox News Digital, compels the Justice Department to produce all documents and communications, including audio and video recordings, related to Hur's interview of Biden. 

The subpoena also covers all documents and communications, including audio and video recordings, related to Hur's interview of the ghost writer of Biden's memoir, Mark Zwonitzer; documents identified as "A9" and "A10" in the Appendix A of Hur's report, which relate to then-Vice President Joe Biden's Dec. 11, 2015 call with Ukrainian Prime Minister Arseniy Yatsenyuk; and all communications between or among representatives of the Department of Justice, including the Office of Special Counsel, the Executive Office of the President, and President Biden's personal counsel referring or relating to Hur's report.  

BIDEN, NOT SPECIAL COUNSEL HUR, BROUGHT UP SON'S DEATH IN QUESTIONING

Fox News Digital obtained a letter the Republicans sent to Attorney General Merrick Garland on Tuesday, notifying the department of the subpoena, and taking issue with the fact that the DOJ, earlier this month, "offered no timeframe by which it expected to make any productions or, indeed, any commitment that it would produce all of the material requested." 

"The Oversight and Judiciary Committees, in coordination with the Ways and Means Committee, are investigating whether sufficient grounds exist to draft articles of impeachment against President Biden for consideration by the full House," they wrote. "The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family's foreign business dealings." 

SPECIAL COUNSEL ROBERT HUR TO TESTIFY PUBLICLY AT HOUSE HEARING ON BIDEN CLASSIFIED RECORDS PROBE

The Republicans are also seeking information on "whether the White House or President Biden’s personal attorneys placed any limitations or scoping restrictions during the interviews with Special Counsel Hur or Mr. Mark Zwonitzer precluding or addressing any potential statements directly linking President Biden to troublesome foreign payments."

"Additionally, the Judiciary Committee requires these materials for its ongoing oversight of the Department’s commitment to impartial justice and its handling of the investigation and prosecution of President Biden’s presumptive opponent, President Donald J. Trump, in the November 2024 presidential election," the letter states. "The documents requested are directly relevant to both the impeachment inquiry and the Judiciary Committee’s legislative oversight of the Department." 

DOJ DEFENDS SPECIAL COUNSEL REPORT ON BIDEN'S MEMORY: 'CONSISTENT WITH LEGAL REQUIREMENT,' NOT 'GRATUITOUS'

Hur, who released his report to the public earlier this month after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

Hur did not recommend any charges against the president but did describe him as a "sympathetic, well-meaning elderly man with a poor memory" — a description that has raised significant concerns for Biden's 2024 re-election campaign.

Looming shutdowns, Hunter’s testimony, maybe an impeachment: Congress’ blockbuster week

There are blockbuster weeks on Capitol Hill, and then there are weeks like this one. 

Hunter Biden is testifying. Defense Secretary Lloyd Austin is explaining. A partial government shutdown is looming.

"Congress hasn’t even finished our deadlines from the previous fiscal year. I mean, Oct. 1 was the deadline," fumed Rep. Warren Davidson, R-Ohio, on FOX Business. "Before I was in Congress, I was in manufacturing. And if you were making bad parts, you would at least stop making bad parts."

Davidson observed that Congress continues to even make "bad parts, and we’re not even in session." 

Some conservatives say they are okay with a shutdown starting this weekend. They believe a shutdown would at least harness some spending.

"A government shutdown is not ideal. But it’s not the worst thing," said the House Freedom Caucus Chairman Rep. Bob Good, R-Va. "The only leverage we have, when we have one branch, is to be willing to say no. To be willing to walk away."

BURNING DOWN THE HOUSE: FEBRUARY HAS BEEN AN UNMITIGATED DISASTER FOR REPUBLICANS

Conservatives are begging House Speaker Mike Johnson, R-La., to abandon a government spending pact he crafted with Senate Majority Leader Chuck Schumer, D-N.Y., and others in early January. The accord did not fund the government — hence the funding problem lawmakers face this weekend. That agreement simply established the size of the money pie for fiscal year 2024. Leaders agreed that Congress would spend a grand total of $1.59 trillion for fiscal year 2024. But on what? And how? Those issues remain unresolved. That is why lawmakers have toiled over for nearly two months now – trying to slice $1.59 trillion into 12 separate appropriations bills. It was thought there may be an agreement over the weekend. However, matters imploded. 

Johnson told Fox News Tuesday that he is working to prevent the government spending from lapsing. 

"We're gonna prevent the shutdown. We're working on it," Johnson said.

"The problem is that Speaker Johnson is indecisive. He’s weak. He’s inexperienced and he does not have the votes. Not only because it’s a tight majority. But also because there is a far right group of House Republicans who are blocking him everywhere he wants to go," said Tom Kahn, a distinguished fellow at American University and former House Budget Committee staff director. "I think he’s afraid to make decisions because he’s afraid to lose his job. He saw what happened to his predecessor, (former House Speaker) Kevin McCarthy, R-Calif."

So, conservatives are now pushing an interim spending bill — something which was anathema to many on the right just a few months ago. They used to demand that Congress pass spending bills "by the book." One by one. Now, conservatives are okay with a stopgap plan, known as a continuing resolution (CR). Federal spending climbs year after year. A CR simply renews all the old funding — without an increase. This gambit maintains the old spending levels. It is not a cut, but there is no new funding. Thus, to conservatives, it saves money.

"This is why I support a continuing resolution, which actually is going to force a 1% cut. $100 billion savings and maybe stabilize this inflation issue" said Sen. Roger Marshall, R-Kan., on Fox.

Democrats — and some Republicans — find this thinking outrageous.

"It’s very disappointing to see that the House has been so unwilling to compromise and work together," said Sen. Jeanne Shaheen, D-N.H. "We’ve just had obstacles every step of the way."

However, most lawmakers are resigned to believing a CR may be the only way to avoid a shutdown. 

"Things are pretty uncertain right now," said Sen. John Cornyn, R-Tex. "I think we’re heading toward a CR for some uncertain duration."

The deadline is Friday night at 11:59:59 p.m. ET. 

"It’s going to be hard enough to meet that 72-hour requirement by Friday," said Senate Majority Whip Dick Durbin, D-Ill. "So I don’t know if a CR is possible." 

Here is what is at stake. A partial shutdown stalls transportation and housing programs. It suspends money for agriculture and military construction. A government closure holds up energy and water projects.

However, a full shutdown for the entire federal government could hit at the end of the day on March 8. 

Top bipartisan Senate leaders are trying to avert a shutdown. 

"The margin for error on any of these is razor thin. And unfortunately, the temptation to choose chaos and disorder instead of cooperation will be strong for some here in the Capitol," said Schumer. 

Schumer secured backup from Senate Minority Leader Mitch McConnell, R-Ky. 

"Once more, a shutdown this week is entirely, avoidable," said McConnell. "Shutting down the government is harmful to the country. And it never produces positive outcomes – on policy or politics." 

However, not all lawmakers are focused on government spending.

Hunter Biden testifies behind closed doors on Wednesday before House investigators. Austin will explain to livid lawmakers on Thursday as to why he failed to inform the president or other Pentagon officials about his medical leave. Then, we’re on to a partial government shutdown Friday. 

This is just an average winter in Congress these days.

GROWING FRUSTRATION AMONG MAYORKAS IMPEACHMENT MANAGERS ABOUT NOT STARTING A TRIAL

What about an impeachment trial for Homeland Security Secretary Alejandro Mayorkas? The House impeached Mayorkas on Feb. 13. No one really knows the timing of a Senate trial. Eleven House members will serve as "impeachment managers" to prosecute the case before the Senate. But as to their roles and when a Senate trial might begin? The new uniform pants in Major League Baseball are more transparent. 

Several of the managers expressed frustration at the dearth of information about what roles they might play in an impeachment trial. One told Fox they had "no clear guidance" from the GOP brass as to what to expect. 

In late 2019 and early 2020, Democratic House impeachment managers held "mock trial" sessions and engaged in parliamentary calisthenics behind closed doors to prepare for the first impeachment trial of former President Trump. The Mayorkas managers have held no such sessions. That was why at least one impeachment manager worried that the Senate might demand the trial begin right away. That could make the House members appear foolish and amateurish. 

However, a senior House Republican leadership aide said that the brass had briefed all managers — adding they would be "fully prepared" when a trial starts.

It was thought that the Senate may begin its trial as early as Wednesday, but Fox is told not to expect a trial this week. In fact, the impeachment trial may be on hiatus — until lawmakers figure out how to fund the government. 

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So this week is a blockbuster as it is. 

But imagine what it would have been like had there also been the impeachment trial of Mayorkas — the first impeachment trial of a cabinet secretary since the 1870s.

House speaker has created a nexus of disaster. Biden has 4 days to fix it

Since Republicans took control of the House following the 2022 midterms, the U.S. has faced a crisis of governance. Unable to quit their own petty infighting, caught up in ugly leadership squabbles, and unwilling to move without the blessing of Donald Trump, Speaker of the House Mike Johnson now commands a Congress well past the brink of disaster. After being unable to pass necessary legislation and wasting endless hours on a faux impeachment inquiry of Biden that is going nowhere, Republicans have generated such a maelstrom of incompetence that it’s putting millions of lives and the stability of the planet at risk.

Contrary to what Republicans apparently believe, Congress is expected to do things. It has to meet the challenges of the day, promote policies that assist the nation, and deal with the day-to-day affairs that keep government functional. Since they gained their narrow margin, Republicans have done exactly none of these things.

On Tuesday, President Joe Biden summoned Republican congressional leaders to a meeting at the White House. With Ukraine in retreat after running out of critical ammunition and a government shutdown only four days away, this could be the most consequential meeting in decades. Will Republicans wake up for one moment to place the nation and the world ahead of their desire to please Trump and feed their childish egos? Or will they drive the nation, and the world, onto the rocks?

After being selected for speaker on the basis that no one knew who the hell he was so no particular faction was out for his throat, Johnson has shown himself to be singularly inadequate for the role.

As Joan McCarter has reported, Johnson …

  • Swiftly burned through any honeymoon period and found that his every statement or action was being scrutinized by House members sure that they would do a better job in the big office.

  • He betrayed other congressional leaders by reneging on a budget deal after everyone thought the issues were settled.

  • When months of negotiations in the Senate produced a border bill that gave Republicans everything they had been demanding, Johnson refused to even consider it on orders from Trump.

  • With the clock winding down on the end of the year, Johnson wasted time on a pointless impeachment of Homeland Security Secretary Alejandro Mayorkas.

  • With the stability of the Western world on the line, Johnson has repeatedly dithered and stalled on providing any assistance to Ukraine while Republicans increasingly look to Putin.

  • And with a government shutdown looming, Johnson sent the House out on a vacation that’s not set to end until three days before the deadline. 

Johnson is not just courting disaster, he is a disaster. Either he’s astoundingly ineffectual, or he’s an arsonist set on burning down America. It’s genuinely unclear which of these things is true.

We may find out today.

“Every day that Speaker Johnson causes our national security to deteriorate, America loses,” said White House spokesman Andrew Bates. “And every day that he puts off a clean vote [on assistance to Ukraine], congressional Republicans’ standing with the American people plunges. Running away for an early vacation only worsens both problems.”

Even Senate Minority Leader Mitch McConnell is tired of the incompetence on the other end of the Capitol. “Shutting down the government is harmful to the country. And it never produces positive outcomes—on policy or politics,” said McConnell. 

At the same time everyone is trying to get Johnson to do his job, extremist Republicans in the House Freedom Caucus are doing everything they can to provide more road bumps.

Last week they submitted a list of policy riders to Johnson, including such nonsense items as zeroing out Mayorkas’ salary, blocking military members from traveling out of state to obtain abortions, and defunding environmental and climate policies. In all, there are more than 20 of these poison pills, and the Freedom Caucus is declaring that it will block any attempt to reach an agreement unless America is forced to swallow the whole bottle.

A real speaker, one with respect from the members of their party and the strength to push past fanatics bent on nothing more than causing disruption, would push past this. Unfortunately, America is saddled with Mike Johnson.

That doesn’t make a good outcome impossible, but it certainly makes it almost infinitely more difficult. 

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‘Anti-CPAC’ summit draws conservatives together with common goal: Stopping Trump

Hundreds of conservatives gathered in Washington, D.C. over the weekend, but not for the Trumpalooza clown-car event known as the Conservative Political Action Conference, or CPAC. Instead, at the Principles First Summit the message was clear: Donald Trump poses a threat to our democracy, and if he is the Republican nominee many of them will vote for President Joe Biden despite disagreeing with him on many issues.

Speakers at the event made clear that they intend to take their anti-Trump message to the Republican primary voters who have chosen a candidate other than Trump, in particular those supporting former South Carolina Gov. Nikki Haley. Republican political consultant Mike Madrid, a co-founder of the Lincoln Project, noted in a post on X, formerly known as Twitter, that it’s worth targeting these voters, writing “GOP defections will be the single largest factor in the November outcome.”

Now this all may be a pipe dream, but these voters may be more receptive to anti-Trump messaging coming from conservatives rather than from liberals. And if even a small percentage of GOP voters flip to Biden in key swing states, it could make a difference in a close election. Principles First may just help with that. 

RELATED STORY: Trump’s weekend at CPAC was a tour de force of bigotry and incompetence

Principles First was founded in 2019 as a right and center-right movement that says it’s “concerned about the health of democracy.” It was meant to serve as an alternative to CPAC, which has become increasingly dominated by Trump’s MAGA cult.

Last weekend’s fourth Principles First conference drew about 700 participants—more than double the number who attended last year’s event, its founder Heath Mayo said. Meanwhile, at the larger CPAC event, the crowds were sparser than in previous years.

And the MAGA cult message was loud and clear at CPAC where the lobby display included a “J6 Insurrection” pinball machine. Right-wing conspiracy theorist Jack Posobiec told a panel hosted by Steve Bannon:

“Welcome to the end of democracy, We’re here to overthrow it completely. We didn’t get all the way there on Jan. 6, but we will endeavor to get rid of it and replace it with this right here,” Posobiec said.

Posobiec then held up his fist, and added: "All glory is not to government. All glory to God." 

In his opening address to the Principles First Summit, Mayo, who had already told NPR that he would vote for Biden over Trump, had a distinctly different message about the need to put “principles first rather than party or personalities.” 

”We don’t have golden statues of politicians rolling around. Our speakers will celebrate the spirit of 1776 instead of Jan. 6. And the people in this room today, we know how to spot and condemn tyranny when we see it rather than to praise it.”

.@HeathMayo welcomes the crowd to the 2024 Principles First Summit: “Here we have our 15 principles out in the hallway. We don't have golden statues of politicians rolling around. Our speakers will celebrate the spirit of 1776 instead of January 6.” pic.twitter.com/eyIR4AAA0n

— Principles First (@Principles_1st) February 24, 2024

And the star of the event was Cassidy Hutchinson, the former White House staffer who provided pivotal testimony to the House Select Committee investigating the Jan. 6 attack on the Capitol. Participants lined up in the lobby to receive signed copies of her book “Enough.”

In a touching moment, Hutchinson was presented the Principles First Profiles in Courage award from last year’s recipient, former Capitol Police officer Harry Dunn who held back the mob on Jan. 6 and is now running for Congress as a Democrat. 

Cassidy Hutchinson receives this year's Profiles in Courage award.#PrinciplesFirst pic.twitter.com/3vMFR2kuVV

— Principles First (@Principles_1st) February 24, 2024

Hutchinson, also took part in a panel with two other anti-Trump former White House staffers, Sarah Matthews and Alyssa Farah Griffin (now co-host of “The View”). She described the “horrible attacks” that ruined her life and those of others who testified to the select committee such as Georgia election workers Shaye Moss and Ruby Freeman.

“We need to push towards normalcy,” Hutchinson said. “We start in this next election. We start by doing everything we possibly can to make sure that Donald Trump never gets near the Oval Office again, and to make sure that every member of Congress that has enabled Donald Trump’s agenda is also held accountable and voted out of office.”

She emphasized the need to mobilize and educate voters, especially in the handful of swing states, about the choice in the upcoming election. “If the ticket is a binary choice between Donald Trump and Joe Biden, people need to understand on a very basic, very fundamental level that there’ll be one candidate on that ballot that will support our democracy so we can continue to thrive. And it’s not Donald Trump.”

Cassidy Hutchinson: “If the ticket is a binary choice between Donald Trump and Joe Biden, people need to understand at a very basic and very fundamental level, that there is one candidate on that ballot that will support our democracy…and that’s not Donald Trump.” pic.twitter.com/SQjty4BGqk

— Principles First (@Principles_1st) February 24, 2024

And that message was underscored by former Rep. Adam Kinzinger of Illinois, one of the two Republicans who served on the House Jan. 6 select committee. Kinzinger encouraged Nikki Haley to remain in the race, but then added: “If it’s Trump against Biden, I’m going to vote for Biden because to me, and this is what I think is important, I can disagree with a lot of stuff but democracy is truly at stake here. “ 

.@AdamKinzinger: "If it's Trump against Biden, I'm going to vote for Biden...I can disagree with a lot of stuff but democracy is truly at stake here." pic.twitter.com/ZDtdO3rJr7

— Principles First (@Principles_1st) February 25, 2024

Sarah Longwell, a founder of Republican Voters Against Trump, totally dismissed any notion of supporting a third-party No Labels ticket, saying it would absolutely help elect Trump.

Ukraine and its fight against Russia was also discussed by several speakers, who declared their unwavering support. Former Arkansas Gov. Asa Hutchinson, whose short-lived presidential campaign gained no traction, warned that Trump is going to make the GOP “a pro-Putin party.” He added: “I’m sorry. That’s not what Ronald Reagan would do.”

Fiona Hill, the former National Security Council senior director for European and Russian affairs who testified in the first House Trump impeachment inquiry, said: “We are really seeing Putin eroding the idea of the United States as well. … For Putin, this is a pivotal turning point. If the enterprise in Ukraine fails … if the United States is seen to not be stepping up then we’ve really basically lost our leadership position.”

Fiona Hill: “We are really seeing Putin eroding the idea of the United States as well…For Putin, this is a pivotal turning point. If the enterprise in Ukraine fails…if the United States is seen to not be stepping up than we’ve really basically lost our leadership position.” pic.twitter.com/HcKc7P7A7x

— Principles First (@Principles_1st) February 24, 2024

Georgia Secretary of State Brad Raffensberger, who faced pressure from Trump and threats from MAGA supporters after certifying Biden’s victory in 2020, said he would follow the law and the Constitution and make sure his state has “fair, honest and accurate elections” in 2024.

Former federal appeals court Judge J. Michael Luttig said Donald Trump must be held accountable for his actions relating to the Jan. 6 attack on the Capitol.

.@judgeluttig: “If all of the individuals who attacked the United States Capitol on Jan. 6 are prosecuted and imprisoned, that will all be for naught if Donald Trump is not held accountable.” pic.twitter.com/hvxXjcsmBs

— Principles First (@Principles_1st) February 25, 2024

And there was one other reason why speakers at the conference emphasized that Trump must lose the 2024 election: only a big loss could enable a sane center-right party to emerge out of the MAGA ashes. Conservative commentator Charlie Sykes said the country “needs two rational political parties.” And Jonah Goldberg, founder of the online conservative website The Dispatch, said that it’s necessary to build on the minority faction within the GOP that is “sane” and voting against Trump to reclaim the party.

Good luck with that. But there was one hopeful sign in the lobby of the Principles First Summit—and something that you wouldn’t find at CPAC.

Just hanging with @JimSwiftDC & Tay Tay at @Principles_1st summit this weekend. Jim is just as witty & fun as you’d expect. @_VoteSharp #PrinciplesFirst pic.twitter.com/c6T0lru4P7

— lisa S Marie🧂Y (@frequentbuyer1) February 24, 2024

RELATED STORY: 9 super weird things Trump said to a super weird CPAC

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Senate Democrats may cut Mayorkas impeachment trial short

A growing number of Senate Democrats said they support dismissing the upcoming impeachment trial for Homeland Security Secretary Alejandro Mayorkas — a move that would effectively end the trial within minutes.

A motion to dismiss the Mayorkas impeachment articles would only take a simple majority to pass in the Senate, where Democrats hold 51 seats. Even some Democratic centrists are already for dismissing the trial altogether, voiding months of work over in the Republican-controlled House.

“Absolutely,” retiring Sen. Joe Manchin (D-W.Va.) said on whether he’d support a motion to dismiss. “Immediately that should be done. It’s ridiculous.”

Sen. Jon Tester (D-Mont.), who is one of Republicans' top targets in November, also said he’d support a motion to dismiss, arguing there are better ways for the Senate to use its time.

“I think it's much more important to keep the government open,” Tester said. “Much more important to secure the southern border.”

The results of the trial — if it goes forward — are considered a foregone conclusion. Senate Democrats have dubbed the Mayorkas impeachment as a sham and are eager to get it off their plates as quickly as possible. The House narrowly passed the impeachment articles, which accused Mayorkas of breach of public trust in his handling of the border and refusing to comply with the law.

"I'd be glad to see a motion to dismiss," said Sen. Elizabeth Warren (D-Mass.). "The Mayorkas impeachment is nothing but political theater from a Republican Party that can't do any real legislative work."

Several Senate Republicans have also cast doubt on the merits of impeaching Mayorkas, though conservatives have pushed for a full trial and have made it clear they'll blast Democrats for skipping through it.

Despite Democrats' confidence that they have the votes to dismiss the trial, they're still warily watching the House. Republican impeachment managers have not yet sent over their impeachment articles, which would kick-start the trial in the Senate. It’s unlikely the articles are sent over this week amid a mess of government funding negotiations, according to a source familiar.

Once the House sends over its impeachment articles, a trial could bog down Senate proceedings until leaders move to dismiss it or shunt it to a committee.

It’s not yet clear whether Senate Majority Leader Chuck Schumer would support a motion to dismiss or other measures that could stump the length of the Senate trial. If a trial does occur, Sen. Patty Murray (D-Wash.) is slated to preside.

“I certainly would support a motion to dismiss because it's just very, very political,” said Sen. Debbie Stabenow of Michigan, the No. 3 Senate Democrat. “And we've got so many important things coming up.”

Burgess Everett contributed to this report.

Posted in Uncategorized

Mitch McConnell tries to cling to power by bending the knee to Trump

House Minority Leader Mitch McConnell and Donald Trump have a long-standing mutual loathing, but that apparently won’t stop McConnell from bowing to Trump. The two men’s political teams have been in talks for McConnell’s endorsement, a reflection of just how desperate McConnell is to keep his weakening hold on his leadership position.

This is the same McConnell who blistered Trump in a floor speech after the Kentucky senator voted to acquit Trump in the impeachment proceedings after the Jan. 6, 2021, insurrection at the U.S. Capitol. He accused Trump of “a disgraceful dereliction of duty” and said, “There is no question that President Trump is practically and morally responsible for provoking the events of [Jan. 6].” McConnell accurately said the crowd was worked up with “an intensifying crescendo of conspiracy theories, orchestrated by an outgoing president who seemed determined to either overturn the voters' decision or else torch our institutions on the way out.”

The attack on the Capitol on Jan. 6, he said, “was a foreseeable consequence of the growing crescendo of false statements, conspiracy theories, and reckless hyperbole which the defeated president kept shouting into the largest megaphone on planet Earth.” 

So let’s just give him another shot at it, McConnell has apparently decided. 

Sources involved in the negotiations give a weak explanation. “We’ve reached the part of the primary where the party is coming together,” one source told The Hill. “The absolute worst thing that can happen to this country is electing Joe Biden for four more years, and you can expect to coalesce around that point over the next nine months,” the source continued. So much for protecting our institutions from the guy who tried to “torch” them.

The likelier explanation is that McConnell’s grasp on his leadership position is weakening as the MAGA contingent in the Senate chips away at him. They have blocked his No. 1 priority—Ukraine funding—for months. They rebelled against him to kill the border deal that would have secured that funding.

Earlier this month, the Senate’s answer to the House Freedom Caucus held a press conference during which Sen. Ted Cruz of Texas was asked if he thought it was time for McConnell to step aside. “I think it is,” Cruz replied.

“Everyone here also supported to the leadership challenge to Mitch McConnell in November [2022,]” he continued. By “everyone,” he meant Sens. Rick Scott of Florida, Mike Lee of Utah, Ron Johnson of Wisconsin, J.D. Vance of Ohio, Roger Marshall of Kansas, and Eric Schmitt of Missouri. “I think a Republican leader should actually lead this conference and should advance the priorities of Republicans,” Cruz continued. 

Chances are pretty good that a Trump endorsement won’t be good enough to stop them. After all, House Speaker Mike Johnson has been in Trump’s pocket since he was elected to the position, and that hasn’t smoothed his way with the MAGA contingent of the GOP conference. 

Trump is relishing the chance to humiliate his old foe McConnell, gloating, “I don’t know if he’s going to endorse me, I just heard he wants to endorse me. … Everybody’s getting in line, they’re all getting on board.”

RELATED STORIES:

McConnell unwittingly explains why Trump now owns the Republican Party

McConnell warns fellow Republicans not to 'go wobbly' on Ukraine

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Impeachment skeptic calls on Harris to remove Biden via 25th Amendment

Rep. Ken Buck introduced a measure Monday that called on Vice President Kamala Harris to invoke the 25th Amendment to remove President Joe Biden from office, a surprising move from a Republican who has been publicly skeptical about impeachment.

Buck's (R-Colo.) resolution urges Harris to convene the Cabinet to “declare what is obvious to a horrified Nation: That the President is unable to successfully discharge the duties and powers of his office.”

The retiring conservative has questioned both of House Republicans' impeachment efforts. He was one of three GOP lawmakers to vote against a recommendation to boot Homeland Security Secretary Alejandro Mayorkas that passed the House earlier this month and has faulted his colleagues for failing to provide a credible link to date that would support impeaching the president.

“I want to make sure we don’t ruin this institution over a tit-for-tat impeachment,” he told CNN in September. “If the evidence is there … I will absolutely vote for impeachment. I don’t see the evidence at this point."

The 25th Amendment allows the vice president, along with a majority of the Cabinet, to declare that the president is no longer capable of fulfilling the duties of the office. No vice president has invoked those powers.

Buck's office did not immediately return a request for comment.

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Judge rules no bail release for FBI informant accused of lying about Biden business ties

A California federal judge on Monday denied a bail release to ex-FBI informant Alexander Smirnov, who stands accused of lying about the Biden family's business ties.

U.S. District Judge Otis Wright ordered that Smirnov would remain in detention ahead of his trial, concurring with prosecutors who argued he presented a high flight risk. Lawyers for Smirnov argued that he had already invested significant funds into his efforts to defeat the charges, indicating he had no intention to flee.

"He didn’t try to run. He didn’t try to move money," defense lawyer David Chesnoff said of Smirnov's conduct in recent days.

Wright was unconvinced, however, telling Smirnov that he was "not satisfied there are conditions … that will satisfy my concern whether you will flee the jurisdiction."

FBI REPORTEDLY INVESTIGATING CONTROVERSIAL DEMOCRATIC MAYOR WHO SCHMOOZED WITH BIDEN LAST MONTH

Prosecutors pointed to Smirnov's wide range of connections and a bank account held under his girlfriend's name that contains $3.7 million.

HUNTER BIDEN WAS PAID $100K A MONTH THROUGH CHINESE FIRM VENTURE, EX-ASSOCIATE TESTIFIED

"He cannot be trusted," prosecutor Leo Wise told Judge Wright.

The defense countered that they were willing to pay for 24/7 private security to ensure Smirnov did not flee. They also committed to renting an apartment in Los Angeles for the duration of the trial, rather than returning to his home in Las Vegas, but the judge dismissed the effort.

Smirnov, 43, has been transferred to California from Nevada for his trial. Prosecutors have charged him with peddling lies "that could impact U.S. elections," highlighting his alleged lies about a supposed multimillion-dollar bribery scheme involving the Bidens and the Ukrainian energy company Burisma.

Prosecutors say Smirnov falsely told his handler that Burisma executives paid then-Vice President Joe Biden and his son Hunter $5 million each around 2015. The claim became a part of the Republican impeachment inquiry in Congress.

He is charged with making a false statement and creating a false and fictitious record. The charges were filed in Los Angeles.

Fox News' Louis Casiano and David Spunt contributed to this report.

Growing frustration among Mayorkas impeachment managers about not starting a trial

There is growing frustration among the 11 House impeachment managers about when they will present their articles to the Senate in the case of Homeland Security Secretary Alejandro Mayorkas. 

House managers serve as "prosecutors" and argue the impeachment case before the Senate

One impeachment manager told Fox they had been given "no clear guidance" about the roles they might play or when the House may even transmit the articles to the Senate. 

Fox was told the earliest the Senate could begin a trial is Wednesday. However, the decision lies at the feet of House Speaker Mike Johnson (R-LA). 

RANCHER SOUNDS ALARM ON ‘ROUTE’ FOR TERROR AS MAYORKAS DENIES RESPONSIBILITY FOR MASS BORDER CROSSINGS

Some House Republicans – and some impeachment managers – are itching to get started, but that could backfire without preparation.

Fox was told two weeks ago that House impeachment managers believed they might meet late last week to prep and organize – even doing "mock trial" sessions. Democrats who were impeachment managers conducted such dry runs in late 2019 and early 2020 ahead of the first impeachment trial of former President Trump. However, such sessions never materialized, although there were conversations among chiefs of staff for the impeachment managers.

HOUSE VOTES TO IMPEACH DHS SECRETARY MAYORKAS OVER BORDER CRISIS

"We hoped to get clarity on the next steps two weeks ago, if not the end of last week," said one frustrated manager. 

There has been some chatter that the House might not even send over the impeachment articles until the issue of two looming government shutdowns subsides.

Managers expressed concern about how they should prepare or if the managers would be assigned "subject lanes" to argue before the Senate.

One manager feared that House leaders might want to send over the articles promptly, initiating a trial without any preparation. The manager worried how that would look if Senate Majority Leader Chuck Schumer (D-NY) decides to give impeachment managers some latitude and present their arguments. 

"We might fall on our face," said one manager.