3 things that will influence Johnson on spending and border

There’s no doubt Speaker Mike Johnson has a rough road ahead in 2024. He’s got two shutdown deadlines, fraught border negotiations and building pressure to impeach President Joe Biden.


In the midst of all that, he’s got an incredibly thin majority and he has to keep his right flank happy — never an easy task in split government. He’s been speaker for about two and a half months, and in that time we’ve learned a few things about him that will affect the legislative pileup:

1. He doesn't have a McCarthy-style inner circle.

Unlike his predecessor, Johnson isn’t surrounded by his closest friends acting as informal advisers. That has pros and cons: Those members helped Kevin McCarthy navigate the historically thin majority, but it further fueled distrust within GOP leadership.

Johnson leans on members of House leadership far more, a welcome change for some Republicans who appreciate the top-down communication style. He does have some allies and mentors that he trusts for advice at various times, including Budget Chair Jodey Arrington (R-Texas), retiring Rep. Drew Ferguson (R-Ga.), and Rep. Lloyd Smucker (R-Pa.) as well as Judiciary Chair Jim Jordan (R-Ohio) and Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.), according to a Republican close to Johnson.

At this point, Johnson doesn’t appear to have the deep support McCarthy had that allowed him to persevere through 15 ballots. While McCarthy's strategy obviously had its problems, Johnson will need some sort of loyal backing if he wants to successfully navigate tricky political terrain.

His press strategy critically differs from McCarthy, too. As a rank-and-file member, Johnson was extremely accessible to reporters. As speaker, he’s been far more reserved — avoiding hallway questions and finding roundabout ways to get onto the House floor to avoid reporters. It’s fueled a perception that Johnson is weary of answering questions, whereas McCarthy often dealt with journalists head on. However, Johnson has rejoined the weekly leadership pressers that McCarthy opted to skip.

2. He can’t keep punting.

Some Republicans have criticized Johnson over his willingness to punt on polarizing issues rather than call a tough play. And they don’t have a lot of patience left.

That approach was most on display during the spy powers fight last month, when Johnson tried to have members duke it out on the floor to decide which FISA bill would move forward rather than make the decision himself. That backfired: He was forced to withdraw the legislation and both conservatives and centrists complained that it was his job to pick which bill was better.

But conservatives weren’t happy with the results of Johnson wading into the toplines spending deal either. Congressional leaders announced Sunday they had an agreement on overall funding levels — which are effectively the same numbers included in the debt ceiling deal former Speaker Kevin McCarthy had negotiated — prompting swift backlash from the right flank.

That highlights another problem conservatives have with Johnson (and most speakers, at one point or another): They feel he’s too willing to make deals with Democrats. It didn’t help Johnson that Senate Majority Leader Chuck Schumer was doing a victory lap earlier today, bragging that not a “nickel” was cut.

All that means Johnson is a little boxed in. Conservatives will criticize any deal he reaches with Democrats, something he has to do in split government. But his conference broadly argues he can no longer try to lead from behind. Republicans want him to demonstrate — through spending, the border and impeachment — that he can pick a side when he has to, and stick to it.

3.  He’s approaching politically volatile issues, like the border, very carefully.

While Johnson has repeatedly demanded more border security and made it a central issue for the party for the November election, he's shown that he won't stick his neck out on it as far as some lawmakers want — at least not yet.

He'll call for conservative border priorities, but he's purposely stopped short of threatening a shutdown over it, the type of hardball tactics that some conservatives are demanding. At the same time, Johnson hasn't taken part in the bipartisan Senate negotiations, despite explicit calls from the Biden administration for him to do so. So far, it seems like he's waiting to weigh in further until those negotiators announce a deal.

That’s far from certain, which may be a part of Johnson’s calculus. But if they do, the speaker may face pointed questions from his conference if he doesn’t push hard enough for their conservative H.R. 2 bill, which is considered a non-starter in the Senate.

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House Republican to file impeachment articles against Lloyd Austin

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

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

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

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

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

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

DEFENSE SECRETARY AUSTIN HOSPITALIZED FOLLOWING SURGERY COMPLICATIONS

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

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

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

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

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

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

Fox News' Liz Friden contributed to this report.

House GOP’s New Year resolution: Don’t be like us in 2023 but give us more MAGA

Stung by all those stories about how much they didn’t do last year, House Republicans are looking ahead to 2024 with trepidation and the realization that their razor-thin majority is on the line, The Washington Post reports. They recognize that they need to start governing after last year’s abysmal performance, but at the same time remain loyal to their MAGA roots—and Donald Trump. It’s early days, but it seems clear that they’re not going to succeed in accomplishing both things.

“We have to start governing. … Playing politics with every single issue is not helpful” swing-district Rep. David G. Valadao of California—one of the Biden 17—told the Post for this story. “We need to get to the point where we can start passing legislation and getting something to the president’s desk that actually solves problems for the American people.”

Meanwhile, the first serious order of business for the House to kick off this session is beginning baseless impeachment hearings for Homeland Security Secretary Alejandro Mayorkas. They are also preparing to hold Hunter Biden in contempt of Congress in that all-important Biden impeachment inquiry, seemingly the top priority for House Republicans since every House Republican—including Valadao—voted to move forward with it. That’s not exactly governing.

It doesn’t help the cause of governing, of passing legislation and getting bills signed into law by President Joe Biden, when they’re picking these very political fights. It also doesn’t help when the entirety of the House GOP leadership has endorsed Donald Trump even before voting begins in the 2024 primaries.

It doesn’t help governing to have the chair of the House Republican Conference, the fourth-ranking House Republican, parroting Trump on national television and defending his Nazi rhetoric, but that’s exactly what Rep. Elise Stefanik of New York did on Sunday on NBC’s “Meet the Press.” 

Stefanik called the arrested Jan, 6 insurrectionists "hostages," just like Trump did. She refused to commit to certifying the results of the 2024 election, and she defended Trump’s Hitleresque claim that migrants are “poisoning the blood” of America. “Our border crisis is poisoning Americans through fentanyl … so yes, I stand by President Trump,” Stefanik told host Kristen Welker. Pressed to answer if that meant she stood by Trump’s words, Stefanik said “yes,” then said Trump has the “strongest record when it comes to supporting the Jewish people.”

That’s Republican leadership, but there are still rank-and-file “moderates” telling the Post they “believe their chances of keeping the House rely on reelecting swing-district incumbents and other conservatives willing to compromise.” Because those conservatives have been so willing to compromise so far.

They’re right about one thing: Keeping the House would be easier if they abandoned MAGA politics and compromised. Recent polling from the Post demonstrates that the majority of voters won’t be amenable, for example, to the idea that the convicted Jan. 6 insurrectionists are “hostages” since 50% of Americans view the Jan. 6 crowd as “mostly violent.”

To win in 2024, House Republicans—especially swing-district incumbents—need something to hang their hats on that isn’t MAGA. So far they’ve done nothing to show they’ll be able to accomplish that.

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Mayorkas tells Border Patrol agents that ‘above 85%’ of illegal immigrants released into US: sources

Homeland Security Secretary Alejandro Mayorkas on Monday admitted to Border Patrol agents that the current rate of release for illegal immigrants apprehended at the southern border is "above 85%," sources told Fox News.

Mayorkas made the remarks when meeting privately with agents in Eagle Pass, Texas, according to three Border Patrol sources who were in the room and heard the remarks themselves.

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

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

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

Fox is told that on Monday agents pushed him on those remarks, saying that the number is even higher than 70%, and then Mayorkas acknowledged a release rate of "above 85%."

Mayorkas had also said last week on "Special Report" that "well more than a million" migrants are released into the U.S. annually, and argued repeatedly that it is up to Congress to provide more funding and immigration reform to fix what he has called a "broken" system. He said that the agency is limited in detention capacity by funding provided by Congress.

"When somebody enters the country, we place them in immigration enforcement proceedings pursuant to immigration law, and if their claim for relief, their claim to remain in the United States succeeds, then by law they are able to stay here," he said.

The remarks come just two days before the House Homeland Security Committee holds its first impeachment hearing, featuring multiple state attorneys general who will testify about the impact the crisis has had on their states.

The hearing on Wednesday marks the first impeachment hearing after a year of investigations and reports by the House Homeland Security Committee which looked at the handling of the nearly three-year migrant crisis.

Republicans have blamed the historic migrant crisis, which saw 302,000 migrant encounters last month alone on Biden-era policies, including the releases of migrants into the interior -- dubbed "catch-and-release." They have pointed to the broad use of parole, as well as narrowed ICE enforcement and the stopping of wall construction.

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

The administration says it is dealing with a hemisphere-wide crisis and needs more funding and comprehensive immigration reform from Congress. It has claimed it is expanding "lawful migration pathways" and increasing consequences for illegal entry, but can only do so much with a "broken" system. Mayorkas and other DHS officials have said that it has removed or returned more than 470,000 people since May, which is more than in the entirety of FY 2019.

The White House has also requested $14 billion in border funding from Congress as part of its emergency supplemental spending proposal, but that is being held up as Republicans demand significantly more restrictions on the release of migrants into the interior.

Mayorkas said last week that it was that broken system, not administration policy, which was the magnet drawing migrants to the border.

"What is a magnet is the fact that the time in between an encounter of an individual at the border and their final ruling in their immigration case can sometimes take six or more years. That is a magnet, which is why precisely why I am working with Republicans and Democrats in the United States Senate to deliver a solution for the American people, to deliver a fix to an immigration system that everyone agrees is broken, and that is long overdue," he said.

Separately, the administration last week announced a lawsuit against the state of Texas after Gov. Greg Abbott signed a law that allows state and local law enforcement to arrest illegal immigrants. The lawsuit claims that the law is unconstitutional and interferes with the federal government's authority on immigration matters.

Fox News' Charles Creitz contributed to this report.
 

Boebert responds to reports of fight with ex-husband at Colorado restaurant after police called

Rep. Lauren Boebert, R-Colo., responded to reports about the congresswoman fighting with her ex-husband at a Colorado restaurant after the police were called. 

"This is a sad situation for all that keeps escalating and another reason I’m moving," Boebert said in a statement provided to Fox News Digital. "I didn’t punch Jayson in the face and no one was arrested. I will be consulting with my lawyer about the false claims he made against me and evaluate all of my legal options."

The Silt Police Department confirmed to outlets, including The Denver Post and The Washington Post, that officers responded to Miner’s Claim restaurant, located within Boebert's district, on Saturday evening regarding an incident involving the congresswoman and her ex-husband, Jayson Boebert, but declined to provide more details at this stage of the investigation. 

In a brief phone call with The Denver Post, Jayson Boebert reportedly said he called the Silt Police Department on Sunday morning and told police he did not want to press charges.

"I don’t want nothing to happen," Jayson Boebert reportedly said. "Her and I were working through a difficult conversation."

LAUREN BOEBERT ADDRESSES THEATER INCIDENT: 'I MESSED UP'

Fox News Digital reached out to the Silt Police Department early Monday morning but did not immediately hear back. 

Silt Police Chief Mike Kite also confirmed the investigation to The Associated Press, but declined to release details, including who called police.

Officers planned to talk with witnesses and ask the restaurant owners for any video that might have captured what happened, Kite told the AP. 

According to The Denver Post, the incident was first exposed by American Muckrakers, a group that says it's vying to "Fire Boebert" and has been calling for her resignation. 

On X, American Muckrakers alleged that a physical altercation had ensued and said the group was filing a public information request for the surveillance tapes of the incident. 

LAUREN BOEBERT SWITCHES DISTRICTS, ANNOUNCING RUN FOR COLORADO SEAT BEING VACATED BY KEN BUCK

Boebert's personal life received media attention in September, and the congresswoman apologized, after she and a date were asked to leave a Denver theater over inappropriate behavior. Infrared CCTV footage showing Boebert and her date apparently vaping and engaging in romantically inappropriate behavior during a performance of "Beetlejuice" had gone viral. 

A Republican who has served two terms in the U.S. House representing the western side of the state, Boebert announced on Dec. 27 that she was switching congressional districts this year to run for a seat representing the eastern side of Colorado. The 4th Congressional District seat is open with the retirement of Republican U.S. Rep. Ken Buck.

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In her current 3rd District, Boebert probably would have faced a tough Democratic challenge from Adam Frisch, who nearly defeated her in the 2022 general election. 

Boebert filed for divorce from her husband in April, and the divorce was finalized in October. 

In her relatively short time in Washington, Boebert built a national profile and has aligned with the right wing of the GOP. Her assertive style has grabbed headlines, most famously when she heckled President Biden during his 2022 State of the Union address.

The Associated Press contributed to this report.

Crunch time: Congress kicks off 2024 staring down potential shutdown

The sheer crush of time is extraordinary. Congress returns to session this week after a lengthy holiday recess – much longer for the House than the Senate. And lawmakers face an immediate shutdown by the end of next week. 

This is the perfect way to initiate 2024 in Congress. A flirtation with a shutdown in the opening days epitomizes what 2024 may be like on Capitol Hill.

That said, President Biden and bipartisan, bicameral leaders just forged an agreement on a "topline" for all discretionary spending for the remainder of fiscal year 2024. 

This is not a bill. This is not a "continuing resolution," an interim bill to keep the government afloat. 

CONSERVATIVES REVOLT AGAINST JOHNSON-SCHUMER DEAL TO AVOID GOVERNMENT SHUTDOWN: ‘WORSE THAN WE THOUGHT’

But it’s a start. And there is a lot to do to avoid shutting down the government in just a few days. 

With 2024 being an election year – and both the House and Senate controlled by narrow majorities – it could well end with contretemps over election recounts and certifications of House and Senate contests as they sort out which party controls each body heading into 2025. That’s to say nothing of possible debates over who won the presidential election. Naturally that could tee up yet another set of challenges in the House and Senate on January 6, 2025 to decide who heads to 1600 Pennsylvania, Ave. 

So the next 12 months are going to be a doozy in Congress. Hope everyone had a nice vacation. 

If Congress struggles to fund the government, one could envision a scenario where lawmakers are marooned in Washington for weeks on end – ala the 10-plus week stretch in the fall. That involved a dalliance with a government shutdown in October, the dethroning of former House Speaker Kevin McCarthy, R-Calif., and an epic, internecine GOP battle before the House finally elected House Speaker Mike Johnson, R-La.

We don’t believe there’s any immediate threat to Johnson’s grasp on the gavel. But once (and if) lawmakers get through the January 19 funding deadline, that only douses the fiscal flames temporarily. There’s another deadline on February 2. The House is scheduled to be out of session the week of January 21. Then back for three weeks. Then out of session the weeks of February 18 and February 25. That’s followed up by three weeks in Washington in early March. Then out at the end of March and first week of April.

HOUSE GOP MAJORITY TO SHRINK AGAIN IN TIME FOR POTENTIAL GOVERNMENT SHUTDOWN SHOWDOWN

A government shutdown crisis could pulverize the congressional schedule. The same with efforts to advance a plan to address border security and fund Ukraine and Israel. 

House Republicans are focused on other things, too. They’re looking at impeachment for President Biden, impeachment for Homeland Security Secretary Alejandro Mayorkas and a contempt of Congress citation for Hunter Biden. Throw in some serious, bipartisan questions about why Defense Secretary Lloyd Austin and the Pentagon apparently failed to notify anyone that he was hospitalized, and you have a staggering amount of legislative and political traffic on Capitol Hill. 

All of this hinges on the decisions of key players. Whether they negotiate. Whether they stumble. Whether they produce legislative miracles. Success and failure is the quintessence of Congress. So here’s a thumbnail look at some figures to watch in 2024 – and what it could mean for 2025. 

Let’s start with the Speaker. 

Johnson’s immediate future appears to be secure. But if Johnson falters? Or if the GOP loses the majority in the fall? Does Johnson stick around? Divining a potential Johnson successor might be as challenging as it was to forecast the Speaker’s rise to power. House Republican Conference Chairwoman Elise Stefanik, R-N.Y., is the only current member of the GOP brass who emerged unscathed from this fall’s battle for the gavel. 

Rank and file Republicans rejected both House Majority Leader Steve Scalise, R-La., and House Majority Whip Tom Emmer, R-Minn., for Speaker in October. Would Stefanik be in the mix? It’s also possible that President Trump could consider Stefanik as his running mate this year. 

Of course Johnson may be fine. That’s certainly the case if GOP holds the House, Johnson placates rambunctious conservatives and demonstrates substantial fundraising prowess. 

JOHNSON SPARS WITH WHITE HOUSE OVER BORDER FUNDING CLAIMS: ‘DESPERATE'

Johnson is also just liked better than Kevin McCarthy. 

The Freedom Caucus once again commands the spotlight. Pay attention to Rep. Chip Roy, R-Texas, and new Freedom Caucus leader Rep. Bob Good, R-Va. 

House Judiciary Committee Chairman Jim Jordan, R-Ohio, and Oversight Committee Chairman James Comer, R-Ky., also bear watching. What do they do with impeachment? And if they don’t impeach, was this duo just making a lot of noise? 

House Minority Leader Hakeem Jeffries, D-N.Y., could very well be Speaker of the House this time next year if Democrats flip control. But Jeffries is starting to see some fractures in his caucus between progressive, pro-Palestinian Democrats and others who align themselves with Israel. How Jeffries wrestles with those divisions will test his leadership skills. 

Another name to keep an eye on: Rep. Suzan DelBene, D-Wash. She chairs the Democratic Congressional Campaign Committee (DCCC). DelBene will benefit big time if Democrats run good races and seize control of the House. 

Also watch Rep. John Duarte, R-Calif. He’s one of the most vulnerable Republicans facing reelection this fall, squeaking out a win in 2022 in a district carried by President Biden. 

Rep. Don Bacon, R-Neb., is also one of the most bipartisan members of Congress. But President Biden won one of the electoral votes in Bacon’s district in 2020 thanks to Nebraska’s proportional distribution system. 

In the Senate, the odds certainly favor Republicans flipping the Senate. Democrats are defending way too many seats in swing states. Republicans are facing reelection in states which are already ruby red. However, will Senate Minority Leader Mitch McConnell, R-Ky., return as the top Republican – either in the majority or the minority? McConnell faced a leadership challenge in late 2022 from Sen. Rick Scott, R-Fla. The level of antipathy between former President Trump and McConnell is palpable. Could a second term for former President Trump undo McConnell as leader – even though the Kentucky Republican is the longest-serving party leader in history? 

Also, McConnell experienced several health scares in 2023. Some Republicans might push for McConnell to step aside if he suffers from additional health concerns. 

Granted, McConnell could get credit if the GOP wins the Senate. 

This brings us to Sen. Steve Daines, R-Montan. Daines chairs the National Republican Senatorial Committee (NRSC). He’ll win plaudits if Republicans win the Senate – even though it’s an easy map for the GOP. Plus, Daines and McConnell have tried to draft more "electable" Republicans this year. McConnell has spoken at length about how "candidate quality" undercut the GOP’s chances to win the Senate in 2022.

However, don’t underestimate chances for Senate Republicans to botch what could be a layup this autumn. Senate Republicans certainly stole defeat from the jaws of victory in 2022, 2020 and 2010. That’s why there could be hell to pay if Republicans don’t win Senate control. Some Republicans will look directly at McConnell and Daines. 

Sen. Joe Manchin, D-W.V., is retiring. But Manchin is likely to be central to any battles over spending or other major legislation for the duration of his term. There is still a buzz about whether Manchin could run as an independent or third party for President. 

LATINO SENATE HOPEFUL SAYS HISPANIC VOTERS BEING ‘BLINDSIDED’ BY DEM POLICIES, AIM TO FLIP BORDER SEAT RED

There is also attention on Sen. Kyrsten Sinema, I-Ariz. Sinema is a central player in the border security talks. She’s outraged some liberals for working as a centrist and abandoning the Democratic Party. If Sinema runs and wins reelection and Republicans flip the Senate, look for the GOP to court her to become part of their prospective majority. 

2023 was a doozy on Capitol Hill. 2024 could even be doozier. And then there is 2025. Congress punted the debt ceiling until early next year. The Congressional certification of the presidential election also falls on January 6, 2025. 

The debt ceiling and certifying the results of the Electoral College may be the only big issues with which Congress won’t have to wrestle in 2024. 

As I say, I hope you enjoyed your vacation.

Perhaps for the next couple of years.

House GOP says Hunter Biden ‘violated federal law’ by defying subpoena, prepare contempt resolution

FIRST ON FOX: House Republicans have prepared a resolution that would hold Hunter Biden in contempt of Congress after the first son, in a "criminal act," defied a congressional subpoena and as part of the House impeachment inquiry against President Biden.

Fox News Digital on Monday obtained the contempt resolution and accompanying report from the House Oversight and Judiciary Committees.

HOUSE REPUBLICANS CONSIDER HOLDING HUNTER BIDEN IN CONTEMPT OF CONGRESS

Instead, Hunter Biden appeared on Capitol Hill to deliver a statement to the press, defying that subpoena, and said he would only testify in a public setting.

"Mr. Biden has violated federal law, and must be held in contempt of Congress," the report reads.

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

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

"The Oversight and Accountability Committee, with the other investigating committees, has accumulated significant evidence suggesting that President Biden knew of, participated in, and profited from foreign business interests engaged in by his son, about which the Committees intended to question Mr. Biden during his deposition," the report states.

"Mr. Biden’s decision to defy the Committees’ subpoenas and deliver prepared remarks prevents the Committee from carrying out its Constitutional oversight function and its impeachment inquiry," it continues. 

The report and resolution is set to be considered by the House Oversight Committee during a markup meeting on Wednesday at 10:00 a.m.

HUNTER BIDEN WILL NOT SIT FOR DEPOSITION BY GOP, SAYS FATHER NOT 'FINANCIALLY' INVOLVED IN HIS BUSINESS

"Hunter Biden’s willful refusal to comply with our subpoenas constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution," Comer said last week. "We will not provide him with special treatment because of his last name."

The House Judiciary Committee will also hold a similar markup on Wednesday at 10:00 a.m. recommending Hunter Biden be held in contempt of Congress. 

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

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

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

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

Mayorkas impeachment hearing: State AGs to testify on impact of migrant crisis, Biden-era policies

FIRST ON FOX: State attorneys general from the heartland will testify at the first impeachment hearing of DHS Secretary Alejandro Mayorkas on Wednesday, Fox News Digital has learned -- and will describe the effect the ongoing migrant crisis has had on their states, despite their distance from the besieged border.

Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond and Missouri Attorney General Andrew Bailey will testify about the impacts of the crisis on their states, as well as the legal challenges they have launched against the Biden administration’s policies. They are also expected to describe how they believe Mayorkas is not enforcing the law.

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

HOUSE HOMELAND SECURITY COMMITTEE SETS FIRST MAYORKAS IMPEACHMENT HEARING

The House voted to refer impeachment articles to the committee in November, and on Wednesday the committee will now take up that process. It comes as border numbers have hit a new record, with over 302,000 migrant encounters in December.

"Secretary Mayorkas’ unprecedented and intentional border crisis has impacted every city and state in our country," Chairman Mark Green said in a statement to Fox News Digital. "The chaos and devastation at the border and in our communities are the result of Alejandro Mayorkas’ failure to fulfill his oath as secretary of Homeland Security. His primary responsibility is to secure the homeland—and he has failed."

Republicans say that Mayorkas has failed to enforce immigration law, including those related to the parole, removal and detention of illegal immigrants, as well as having created new programs that contravene Congress.

"Who better to testify about the fallout from this crisis than the top legal officers of states in our heartland?" Green said. "These officials will not only speak to the consequences of this crisis for their states, but the various legal challenges they have mounted in response to Secretary Mayorkas’ failure to do his job and enforce the law. I look forward to their testimony."

The Biden administration and House Democrats have pushed back against the GOP impeachment effort. While Republicans have blamed the historic crisis on Biden-era policies, as well as the rolling back of Trump policies like wall construction and stricter enforcement, the administration says it is dealing with a hemisphere-wide crisis and needs more funding and comprehensive immigration reform from Congress.

DHS told Fox News Digital last week that the "House majority is wasting valuable time and taxpayer dollars pursuing a baseless political exercise that has been rejected by members of both parties and already failed on a bipartisan vote."

"There is no valid basis to impeach Secretary Mayorkas, as senior members of the House majority have attested, and this extreme impeachment push is a harmful distraction from our critical national security priorities," spokesperson Mia Ehrenberg said. "Secretary Mayorkas and the Department of Homeland Security will continue working every day to keep Americans safe."

Ranking Member Bennie Thompson described the "extreme MAGA Republican effort" to impeach Mayorkas as "completely baseless."

BIDEN ADMIN EYES MORE DEPORTATION FLIGHTS TO VENEZUELA AS MIGRANT NUMBERS SHATTER RECORDS

"They’ve only shown the American people it is nothing more than a political stunt without any foundation in the Constitution. It was never meant to be a legitimate investigation – only a MAGA spectacle," he said.

Meanwhile, talks are ongoing in Congress about the White House’s supplemental funding bill, which includes money for the border as well as for Ukraine and Israel. 

Republicans in both chambers have demanded that any funding include limits on asylum and the release of migrants into the interior. While the administration is reportedly open to some concessions, it is unclear if it will go far enough for Republicans in the House -- who have called for the GOP border security bill passed last year to be included in full.

Hunter Biden, Mayorkas, Fauci: House lawmakers return from holidays for a high-profile week

House lawmakers will be off to the races when they’re back on Capitol Hill Monday, for the first week of their 2024 legislative session.

The GOP majority has scheduled several big priorities for the week of Jan. 8 related to two separate impeachment probes as well as a visit to Congress by infectious disease expert Dr. Anthony Fauci. 

Fauci’s first sit-down of the 118th Congress will be a closed-door interview with the House select committee on COVID-19. 

He’ll field questions from lawmakers on both sides on Monday and Tuesday for a marathon seven hours each day. 

On Jan. 10, the House Oversight Committee and the Homeland Security Committee are both taking big steps in Republicans’ push for accountability for the Biden administration. 

HOUSE LEAVES FOR THE YEAR WITH CRITICAL BATTLES STILL ON HORIZON

Oversight Chairman James Comer, R-Ky., announced his panel would hold a procedural meeting to advance a contempt resolution against Hunter Biden, President Biden’s son, for failure to comply with a congressional subpoena.

Republicans had subpoenaed Hunter for a sworn deposition on Dec. 13 as part of an impeachment inquiry looking into whether the president and his family profited off of foreign business deals.

He skipped the sit-down, instead opting to hold a press conference in front of the U.S. Capitol criticizing the GOP’s impeachment inquiry of his father. 

WHERE NO CONGRESS HAS GONE BEFORE: FACING GALACTIC-SCALE FISCAL CLIFF AND BORDER SECURITY THREATS

Comer said Friday that "Hunter Biden’s willful refusal to comply with our subpoenas constitutes contempt of Congress and warrants referral to the appropriate United States Attorney’s Office for prosecution. We will not provide him with special treatment because of his last name."

Rep. Jamie Raskin, D-Md., the top Democrat on the committee, panned Comer’s decision to hold Hunter in contempt and pointed out that he offered to testify in a public hearing – despite Republicans insisting on a closed-door deposition first. 

"Instead of taking yes for an answer, Chairman Comer has now obstructed his own hapless investigation by denying Hunter Biden the opportunity to answer all the committee’s questions in front of the American people and the world," Raskin said.

SENATE HAS ONLY PASSED 3 OUT OF 12 SPENDING BILLS AS DEADLINE LOOMS

Also on Jan. 10, the Homeland Security Committee is holding its first hearing in House Republicans’ impeachment of DHS Secretary Alejandro Mayorkas.

The House voted in November to refer a resolution to impeach Mayorkas to the committee, giving them the reins in the GOP’s quest to oust the Biden official.

"Our investigation made clear that this crisis finds its foundation in Secretary Mayorkas’ decision-making and refusal to enforce the laws passed by Congress, and that his failure to fulfill his oath of office demands accountability," Committee Chair Mark Green, R-Tenn., said in a statement.

"The bipartisan House vote in November to refer articles of impeachment to my committee only served to highlight the importance of our taking up the impeachment process – which is what we will begin doing next Wednesday."

After the high-profile action of this week is over, lawmakers likely will not get much breathing room – the House and Senate must reach a deal on government funding by Jan. 19 or risk a partial government shutdown.

The Downballot: How Dems track all the dumb s— Republicans say (transcript)

Republicans have an unflagging ability to lose elections by saying outrageous crap, but someone has to record it all—and put it on blast. That someone is the Democratic opposition research shop American Bridge, which is why we're talking to the organization's president, Pat Dennis, on this week's episode of "The Downballot." Dennis tells us how the not-so-dark art of "oppo" works, explaining how it's been refined over the years to better allow Democrats to target Republicans running far down the ballot. He also shares the do's and don'ts of tracking candidates and how his shop most effectively weaponizes the massive storehouses of video and research it puts together.

Co-hosts David Nir and David Beard also kick off the third season of “The Downballot” with a recap of the normally snoozy but surprisingly newsy holiday break, starting with Lauren Boebert's naked attempt to stay in power by flitting off to a new district on the far side of the state. Then there's a huge redistricting win for the good guys in Wisconsin, but a tough loss in Georgia—though a silver lining for Democrat Lucy McBath. Finally, we catch up on the special election to replace George Santos and the fumbling efforts of a Kevin McCarthy ally to get on the ballot in the race to succeed the ex-speaker.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show. New episodes every Thursday morning!

The transcript below has been lightly edited for clarity.

David Beard: Hello and welcome. I'm David Beard, contributing editor for Daily Kos Elections.

David Nir: And I'm David Nir, political director of Daily Kos. “The Downballot” is a weekly podcast dedicated to the many elections that take place below the presidency, from Senate to City Council. Please subscribe to “The Downballot” on Apple Podcasts and leave us a five-star rating and review.

Beard: It's 2024, which means it's a big election year, and we're very excited to be kicking off season three of “The Downballot.”

Nir: I can't believe it's already season three. I hope all of our listeners had fantastic holidays. Coming up on our weekly hits, we are going to be discussing Lauren Boebert's attempt at district shopping to prolong her political career, a redistricting win for the good guys in Wisconsin, but a loss for the good guys in Georgia. Then there is the special election out on Long Island in New York's 3rd Congressional District. And finally, Kevin McCarthy, who just resigned from Congress on the last day of 2023, and his disastrous efforts to anoint a successor who is stumbling his way onto the ballot.

Then coming up after our break, we are joined by Pat Dennis, the president of American Bridge, a major Democratic-aligned super PAC that is also the number one shop for opposition research. It is a fascinating topic and a fascinating interview. We have a terrific show coming up, so let's get rolling. Beard, we might've been on break, but I feel like there was a ton of down-ballot election news that broke during the final tail end of the year.

Beard: Yeah. I feel like one of the traditional rules of election work is that everybody takes off the week between Christmas and New Year, so you can have a break and then a bunch of announcements come the first or second week of January when people start getting back from the holidays, come back to DC. And I think there's a good chance we still might see that upcoming. But that did not stop people from making news in late December.

Nir: All the rules changed in the Trump era.

Beard: Yeah. Of course. And we're going to start in Colorado where one of the most notorious Representatives made some news. That's of course Lauren Boebert, who has been in the news many times for various different reasons. She announced that she's switching from her western Colorado-based 3rd District all the way to the other side of the state, to the open eastern Colorado-based 4th District that is significantly redder. Now, the district that she ran in previously was a Trump +8 district; most people who are Republicans can hold Trump plus eight districts pretty easily, but not Lauren Boebert. She was having some trouble. She, of course, had one of the closest races of the year in 2022, defeating Democrat Adam Frisch by less than 600 votes.

So she thought, let's not risk that again. Let's not risk losing to a Democrat and handing the seat over to the Democrats. So she's moving all the way across the state to a much redder Trump +19 district that is not really competitive for Democrats at all. So if she's the Republican nominee, which is by no means guaranteed, she should have a comfortable reelection. But of course, other folks were already running for that seat. It's an open seat. Ken Buck, of course, announced that he wouldn't be running for reelection, so other ambitious Republicans have already started campaigns. And I don't think they're too happy about somebody from the other side of the state diving into their district.

Nir: Oh, man, they were instantly angry and furious and just ragging on her saying that she doesn't know anything about western Colorado, and that's definitely true. It's a really stark situation. If you look at a map of Colorado's congressional districts, the 3rd District, her old district, covers the entire western portion of the state. It's a big sprawling rural district. And the 4th District covers the entire eastern part of the state, and it's a big sprawling rural district. They have no overlap. It's so obvious that the only thing Boebert is doing here is district shopping. It's also really rare to see. We do sometimes see incumbents move districts because of redistricting. But here there's no redistricting involved at all. The last time I could think of something like this happening was all the way back in 2010. So this is a real rarity. So it's no surprise that she's being greeted with a lot of hostility.

Beard: Yeah. And it's pure shameless wanting to stay in Congress. That is her only goal. She doesn't want to risk losing. She thinks she has a better chance in this district all the way across the state. So she's going to make the jump. It doesn't surprise me of course that someone like Lauren Boebert would do this. But it will be interesting to see if she's successful. Obviously, she's certainly a name. People know who she is. I think a lot of Republican primary voters probably like her. So I think there's a reasonable chance that she can pull this off, but I don't think it's a guarantee by any means.

Nir: Absolutely not. She does only need a plurality in the primary in order to win the nomination. There are no runoffs here. But she also has to make the ballot first. And making the ballot in Colorado can be surprisingly tricky. Candidates have often screwed up, and there are multiple ways to screw up depending on whether you're trying to gather signatures or whether you're trying to get enough support at your party convention. And if there's anyone capable of messing this up, I think that Lauren Boebert, I would put her name on that list.

She's clearly one of those people who serves in Congress simply to get media attention. That's why she wants to stay in Congress. And that kind of person, not usually a strong campaigner, not usually good about, or even cares about, the nuts and bolts of day-to-day campaigning. So I would not be surprised if she didn't make the ballot. I could definitely bet that if she goes the signature route, her opponents will be scrutinizing them very carefully to see it. They can get her thrown off.

Beard: Yeah. Absolutely. And Boebert not making the ballot would just be the chef's kiss to the end of the story.

Nir: Oh, God. Oh, man. Yeah. All right. I'm going to light a candle and pray to Molech for that one.

Beard: Yeah. There's also one other important thing to note. I think a lot of folks wrote off CO-03 after Boebert jumped. They thought that her poor showings were obviously a big reason why that district was competitive. But we've already seen another crazy person jump in, former state Representative Ron Hanks, who's an election denier. He tried to run for U.S. Senate last year as a super Trumpy guy. He's launched a bid to run in that district just two days after Boebert left. So he's the type of person who could make CO-03 competitive despite her leaving. So don't write that district off just yet.

Nir: Yeah. In fact, Hanks was such a terrible candidate that in 2022, Democrats actually tried to boost him in the GOP Senate primary for Michael Bennett's reelection campaign, and it didn't work out. I mean, Hanks had no money. He wound up losing the GOP primary to a much better-funded candidate by about a 54-46 margin. So it was pretty close. Now that better-funded candidate, Joe O'Dea, still got his ass kicked by Michael Bennet, so it ultimately didn't matter in the slightest.

But if you are on that special list of candidates, Democrats are willing to spend money on to boost at a GOP primary. You've got to suck real hard. So yeah, if Ron Hanks is the GOP nominee here, then I think Adam Frisch, who is one of the best-funded house challengers anywhere in the nation, maybe the best, I think that Frisch would still have a real chance to flip that district.

And one other thing I should add, Beard, is that Democrats did really well in Colorado at all levels of the ballot in 2022. And that included strong performances at the top of the ticket in the 3rd District. If I'm not mistaken, Jared Polis, the Democratic governor who won reelection actually narrowly carried the 3rd District. So yeah, this could be a debacle for the GOP anyway. And also let's not lose sight of the possibility that, hey, maybe Donald Trump won't be on the ballot in Colorado next year.

Beard: Who knows what might happen on that front or if that might affect things? But yes, I think CO-03 has some growing Democratic areas, particularly around ski resorts and things like that. So I think there is a real chance here and we'll definitely be keeping an eye on the district as the campaign continues.

Nir: So we also got a ton of redistricting news over the holiday season. And the big one that, man, you have to be excited about this if you're a progressive, is that our new liberal majority on the Wisconsin Supreme Court that we just won last year struck down the state's legislative maps, which were drawn by Republicans as extreme gerrymanders, on some very simple grounds. They violated the state constitution because many of the districts were not contiguous. And the state constitution is really clear: districts have to be contiguous. So that means we are going to have new fair maps in 2024, and that means Democrats will have a fantastic shot at finally retaking at least one chamber of the legislature in the perennial swing state, Wisconsin.

Beard: Yeah. This is definitely a ruling that we thought there was a very good chance it would be coming. I am not surprised by it, but I am very excited by it. And knowing that there's now an even better chance that we're going to be seeing some fair districts for candidates to run in Wisconsin is just great news.

Nir: It really is. And this case is interesting though in its own right because of the grounds on which the court ruled. If you look at a map of Wisconsin's legislative districts, it's almost like a Jackson Pollock painting. It's like a paint splatter. And Republicans had these really weird arguments saying, "Well, no, these districts actually are contiguous because many municipalities of Wisconsin are themselves not contiguous. But these districts represent municipal borders, so therefore they're somehow contiguous." And the majority said, "That is not what contiguity means. Contiguous means contiguous. You have to be able to traverse a district from one end to the other without leaving it." And the conservative minority completely flipped out.

But what's also funny about this is Republicans are really befuddled. They just seem to have no ability and no understanding of what life is like when they don't exercise total control over the state, particularly the state Supreme Court. The Republican Speaker of the State Assembly, Robin Vos — he's the guy who had been making all those impeachment threats against Janet Protasiewicz, that he's since backed down from. So he said after the Wisconsin Supreme Court handed down this ruling that Republicans might appeal to the U.S. Supreme Court. They might as well appeal to the United Nations.

I mean, look, there's always some way that SCOTUS could intervene and try to undo this ruling. But the liberals on the court knew exactly what they were doing. They ruled on really narrow grounds. It would be wild if SCOTUS said that a state supreme court cannot interpret the state constitution in regard to state elections. I mean, they could do it. I'm sure Alito is trying to fantasize some way to come up with here, but it would be just beyond nonsense. I think that there is no chance in any sane world of this ruling getting overturned on some further appeal.

Beard: Yeah. I think clearly the liberals on the court there knew that they didn't want to go anywhere where the Supreme Court could intervene, so they made a ruling that is very, very safe if you're knowledgeable about the law at all. It's a very safe ruling that you would not expect any federal court to get involved in in any way.

What I can't get over, as you mentioned, is these conservative justices are just so mad that they're in the minority. And I know that they were in the majority for a long time and they got used to it and they were very comfortable, but it happens. People lose elections and then you're in the minority and you have to get over it. And these justices just feel like they are having this great wrong done to them by the people of Wisconsin by electing Janet Protasiewicz. And it's just so funny.

Nir: Well, it's also scary because I think they really don't accept as legitimate elections that Republicans or conservatives don't win. Those are the only races they view as legitimate, but the fact of the matter is the rest of the world does. And the upshot here is that we're going to have new maps for 2024. Now, given the short timeframe, the Supreme Court ordered a two-track process. It said to the legislature, "You guys should pass new maps that are compliant with the state constitution." But they also know that Republicans who run the legislature and Democratic Governor Tony Evers, are never going to come to any kind of agreement. So that means a deadlock. That means no new legal maps passed. So at the exact same time, they are also accepting submissions from parties and friends of the court that comply with their ruling. February 1 is the key date to look for.

The court also appointed some experts to help it with the process. Interestingly, they did not direct the experts to draw their own maps. What they said is the experts should review all the submissions from the parties and amicus briefs to see if any of them comply with the court's directives on what the next map should look like. Only if none of those submissions pass muster can these experts draw their own map. And the other part of this that is I think the most important to emphasize, the court did not strike down these maps as partisan gerrymanders, but what they did say is that any replacement maps must be politically neutral, that they can't favor one party over another. So given how swingy Wisconsin is, that means that instead of Republican super majorities, we should have maps that are capable of giving a majority to either party.

Beard: And despite the Republicans' claims, this is not difficult to do. What they like to say particularly about states like Wisconsin, North Carolina, is that there's this natural geographic thing that favors Republicans, which is not really true at all. You can easily draw these maps to still look nice as they always care about and be very normal maps and just be like, "Oh, hey, and we're also going to draw them in a way that is not unfair." So it's something that we'll definitely see plenty of submissions be able to do that, and they'll have plenty of maps to pick from.

Nir: I can't stand it when people fetishize “nice-looking” maps, quote-unquote, but if we want to talk about ugly maps, the existing GOP maps, I know I compared it to a Jackson Pollock, but I feel really, really bad. My apologies.

Beard: Not a good way.

Nir: My apologies to Jackson Pollock for that one. But there's one other detail here that I should note. Every two years, the entire state Assembly is up for election, but only half of the state Senate is up for election. And plaintiffs had asked that the court order new elections for the entire Senate to be held in 2024 this November. This was the one plaintiff's request that the court didn't grant. So only half of the Senate is going to be up this November.

That means that half of all senators will still have been elected on gerrymandered maps, which means that Democrats probably can't retake a majority in the Senate until 2026 when the second half of the Senate finally comes up for election under the new non-gerrymandered maps. But we’ve got to work our asses off to flip as many Senate seats as we can in November. And of course, we got a legit shot at flipping the Assembly.

Beard: Yeah, and due to the fact, obviously, that Evers is governor until 2026, that ensures that as long as there are fair maps, there are not going to be supermajorities anymore. So Republicans won't have unified control of Wisconsin for the two years after the 2024 elections. So we should really view this as a two-cycle process. Of course, if we can take the Assembly in 2024, great, but what would be the best is we make sure we're making good progress in both chambers so we can target 2026 the way that Democrats did in Michigan and Minnesota. And of course, we saw that after that happened in 2022, a lot of great progressive policies passed.

Nir: So now we did have another redistricting ruling that was actually really disappointing, and this one was out of Georgia where a few months back, a federal judge struck down the state's congressional and legislative maps for both chambers and ordered the state to create new maps that comply with the Voting Rights Act by creating additional districts where Black voters could elect their preferred candidates. Well, Republicans did go ahead and pass new maps, but they still remain very strong Republican gerrymanders and the judge upheld these maps. These new maps almost certainly ensure that Democrats will remain in the minority in the legislature, and also that Republicans will keep their 9-5 advantage in the State's congressional delegation, even though this is a state that Biden won and has two Democratic US senators. Now, Republicans were able to do this because at the same time that they were creating new Black districts, they also dismantled diverse districts that had elected Democrats.

And the most notable of these was the safely blue 7th congressional district in the northeastern Atlanta suburbs. In fact, this was one of the most diverse districts in the nation. Really, really interesting. The voting age population of the district that they dismantled is 33% White, 30% Black, 21% Latino, and 16% Asian American: really remarkable part of the country. And last year, it elected a Black Democrat, Lucy McBath, but Republicans shredded that district and made it safely red, while at the same time drawing a new safely blue district, the sixth district in the Western Atlanta suburbs that's now majority black. What's so weird about the outcome is that this judge had warned Republicans not to do this — at least it seemed like he had. In his prior ruling that struck down the previous map for failing to comply with the VRA, he said that lawmakers could not draw a compliant map by creating new black districts but "eliminating minority opportunity districts elsewhere."

And the plaintiffs here concluded, as did we, that minority opportunity districts, referred to districts like the one that had elected McBath, which were capable of electing Black voters' candidate of choice even without a Black majority. But in his new ruling, the one that came out over the holidays, Judge Steve Jones said, "No, I was only talking about Black voters, not coalition districts." This doesn't really make sense. You don't use the phrase minority opportunity districts if you just mean Black preference districts. It almost feels like a clerk stuck that line in and maybe it should have come out because Jones tried to explain it away in his new ruling, but the explanation just doesn't really make any sense. And he said that if the plaintiffs want to challenge the demolition of McBath's district, they'd have to bring a new lawsuit. And since we're already in 2024, that means we're almost certainly stuck with this map.

Maybe a lawsuit could succeed by 2026. We might not even see a lawsuit though. The Supreme Court might not be receptive to these kinds of arguments about coalition districts, but this is the map that we have for 2024. And McBath said that she's going to run for the new 6th district, which doesn't have an incumbent. Her current district doesn't overlap with it, but she lives in Cobb County, which forms a core part of the new 6th district. And I would say that she's very likely to win the primary without trouble, and it's a safely blue seat, so she's almost certainly going to win reelection. What's notable here though is that this is actually the second cycle in a row that Republicans have targeted McBath in redistricting, and I think they could really come to regret it.

An analyst on Twitter, Varun Viswanath, put together this great visualization — we'll link it in the show notes — showing that if McBath wins again, she'll have represented about 20% of the entire state between 2019 and 2025. That's wild because a member of the House would normally represent just 7% of the state of Georgia. I would say at this point, McBath is probably the top Democratic contender to run for governor in 2026, or at least a top contender. Brian Kemp will be term-limited then. So Republicans are doing everything in their power to boost her name recognition ahead of that race. I really hope she runs. I'm excited to see what she could do.

Beard: Yeah, absolutely. One note on the forest for the trees aspect of this, obviously, the judge's original ruling and his revision of it was a very strange series of twists in this case and was very unfortunate. But ultimately, this is about the fact that Atlanta and the broader Atlanta metro area is this big, diverse, very Democratic area, and we could easily have a 6th district and a 7th district that both have the ability to elect a minority representative.

A 6th would be Black-majority while still having a 7th that could allow for a minority opportunity district. And it's really unfortunate that Republicans go to these lengths with gerrymandering to ensure that doesn't happen so that they can obviously keep their political power in the state at the congressional level. So whether or not we'll see another lawsuit, that’s hard to know, but I think you're right that for 2024, this map is what it's going to be.

Nir: But you make a good point. Republicans can try to gerrymander their way out of trouble in the Atlanta area, but they can't do it on the state level. And this area, that diverse district like the 7th that they just shredded, was a huge part of why Joe Biden won in 2020, why we flipped both of those Senate seats, why Raphael Warnock won again in 2022, and why Joe Biden has a chance to win again this year. So, Atlanta is a huge problem, and its suburbs, they're a huge problem for Republicans, no matter how they draw the lines.

Beard: And of course, likely Senator Ossoff's reelection campaign will be taking place in 2026, so that's going to be another huge statewide campaign. So definitely obviously a state that's not going anywhere, and Atlanta is a city that's just continuing to grow.

Nir: So a couple of last House updates that we wanted to hit really quick.

Beard: So we just briefly wanted to touch on a couple of things. First off, NY-03, of course, the last time we discussed this seat, George Santos had just been expelled, but we've had a number of things moving forward since then. The date for the special election was set for February 13th, so it's created essentially a six-week campaign timeframe from, obviously, now the beginning of the new year to the 13th, which is really when voters might be paying attention to this district.

I doubt very many people were paying much attention to it during the holidays in December. Democrats unsurprisingly tapped former Representative Tom Suozzi as their nominee while Republicans picked Nassau County legislator Mazi Pilip. The ad wars here have, of course, already begun given the compressed timeframe, but they're a little one-sided. The Democrats are already up. The DCCC and House Majority PAC have booked about $5 million in airtime. The D-Trip has already launched an ad this week attacking Philip for being "handpicked" by MAGA Republicans, wanting to cut Social Security and law enforcement. While Republicans have not been nearly as aggressive on the TV front — the NRCC has booked less than a million dollars, and that ad buy isn't starting for another two weeks. Though of course, we could see things pick up much earlier than that at any moment.

So I think obviously the GOP, they've always got a billionaire in the back pocket; I assume they'll put a bunch of ads up eventually. But with a six-week campaign, every day is a significant day's delay.

And then finally, the other district I wanted to highlight was CA-20 — of course, our old friend Kevin McCarthy. After his disastrous speakership, is it any surprise that he can't get his own succession plan right? Now when he announced his imminent resignation, the front-runner was seen as state Senator Shannon Grove, and everyone expected her to run. But she announced unexpectedly a little bit before the deadline that she wasn't going to run for the seat, which left McCarthy and his allies a bit empty-handed.

But state Assemblyman Vince Fong, who's another McCarthy ally, reversed his decision not to run and jumped into the race at the last minute and now he was seen as McCarthy's preferred successor. But there was one problem; he had already filed to run for reelection. Now, California is very strict about its ballots over there. It had long been understood that Fong wouldn't have been able to run for Congress under these circumstances. And Secretary of State Shirley Weber initially blocked Fong from appearing on the ballot for Congress. But a state judge has allowed him on the ballot, ruling for Fong. But Weber has already said she's going to appeal that ruling. So there's going to be a number more developments in this case. It remains to be seen if Fong will ultimately appear on the ballot or not.

Nir: Well, that does it for our weekly hits. Coming up, we have an interview with Pat Dennis, who is president of American Bridge, which is a very prominent Democratic-aligned super PAC. We're going to be talking about their plans for 2024 and a whole lot more. So please stay with us after the break.

Nir: Joining us today on “The Downballot” is Pat Dennis, who is the president of American Bridge, which is the largest Democratic outfit devoted to one of my favorite areas of the political world, opposition research.

Pat, thank you so much for coming on the show today.

Pat Dennis: Yeah, thanks for having me. Also, my favorite. I will say that I have one of the most fun jobs in politics if you're into this kind of thing.

Beard: Well, absolutely. And this is personally exciting for me. Pat and I used to work together. I was at American Bridge more years ago than I would care to count at this point.

Dennis: OG Bridge.

Beard: We did work together for a couple of years, so very excited to have you on. But for those of us who aren't alums, why don't you explain to our listeners what exactly American Bridge is? It's not exactly the most conventional organization, and why does it exist?

Dennis: Yeah, totally. So American Bridge, we were founded in 2010, 2011, right around the first sort of wave of Democratic super PACs. And what we focus on is pretty different from what most super PACs are: vehicles for spending money on campaign ads specifically. We do some of that, but really our bread and butter is opposition research and candidate tracking, and we do that as well as or better than anybody else. And the real cool thing we do is if we can legally give you our work for free, we will give it to you. So other Democratic super PACs focus on the IE side, we are sort of a hub for ‘if you want oppo, we got oppo.’ And also a big chunk of it we publish online for free because ultimately we think it's better for people to know what these Republicans are up to.

Nir: So let's dive in on oppo. You just said that's one of your key functions. How exactly do you go about doing this? I feel like opposition research is one of these dark arts, people may have a conception of it from watching shows like House of Cards or maybe more like Veep. But it's something that does tend to take place in the shadows or at least out of public eyesight. So how exactly does the whole process work from soup to nuts?

Dennis: Yeah, I mean, we strongly consider it to be a regular art, not at all dark. We're quite open about what we do. We are not digging through dumpsters; generally, that is not a useful thing to do anyway. What we're really about is number one, candidate tracking. We have folks on the ground in the states we cover from the presidential race, but more applicable to this podcast, we go down-ballot as far as state legislative races, and sometimes ballot initiatives.

Those are folks who just record Republican candidates saying what they're going to say. And a lot of Republican candidates will say a very different thing to the Moms for Liberty group than they'll say to the folks who are at the nursing home. So we're there to capture all that, have folks who understand the local politics, able to see where they're maybe lying about their positions, maybe creating some gaps; some things that play well with one group don't play as well as network TV. So that's a big chunk of what we do.

And then on the other side is oppo research, which is used to be, I would say the oppo researchers are in DC these days. We're pretty much a remote organization. But what they're doing is using public records, news stories, FOIA requests, basically any publicly available information about these Republicans and creating essentially the standard unit of oppo research which is the "Research book."

And we can get into that a little more in-depth. But a research book is supposed to be comprehensive. It's everything about a person from everything they've done in their career in order, what aspects of their biography are verified, which aspects are not verified, what positions have they taken on issues over the years, pretty much what's their campaign finance life, what is their personal finance life, how do those things overlap. That's a big issue area for us, things like that.

So something we've actually moved away from, and this is probably a much longer discussion, but as we've gone further down ballot and part of why I wanted to come on here is because we really have, I mentioned, gone down as far as state legislative and generally speaking we found the most useful way to do that work isn't necessarily just to churn out a formulaic research book on 700 different folks running for state legislature because you're spending a lot of that time formatting text and compiling stuff. So a lot of what we do these days is we do the investigation. We have experienced researchers who go through and basically are trying to write the parts of the research book that matter. You know this one's going to get on local TV news; this other thing, nobody's ever going to read it besides the media consultant. And we just write the stuff that's going to get on local TV news and we get it out there. We send it to journalists. We send it to people in the states. And that sort of methodology, and moving away from being comprehensive, has allowed us to just take on a lot more targets.

And the Republicans help us out there by being uniquely terrible. And sometimes, especially as you go down-ballot, there's a lot of low-hanging fruit. Usually, for a presidential candidate, you don't scroll back two things on their Facebook page and see something disqualifying, but that does tend to happen sometimes on the state legislature side.

Beard: And I think a big part of this, as you talk about going down ballot, is of course the real destruction of local news in a lot of places. Whereas we know there are a lot of reporters and journalists who are investigating presidential candidates to the nth degree. If there's something out there about a presidential candidate it will get found out; maybe about a Senate or a gubernatorial candidate.

But there are often no reporters covering state legislative races with any real depth. And so I think that's why it can be so effective that when you dedicate people and time to it you'll discover things that no one else has been looking for.

Dennis: And another area, I mean, you don't really have to give Donald Trump credit for anything, but when he did try to steal the election, a lot of down-ballot races that other folks never cared about before, national reporters never cared about; you couldn't get even the state house reporters to necessarily report on things like the secretary of state's offices. All of a sudden there was a lot more interest in that stuff.

And when you're pitching oppo on a secretary of state candidate, if you're pitching oppo on a presidential candidate, you land a story it's one of 15 stories that day and it's one of 1,000 stories over the race. If you're landing a story on the secretary of state's candidate, and it's something really damaging that could end up being 30% of the earned media coverage of the race. So it's different, but it's really a powerful political tool.

Nir: Yeah, I mean, you had these Republican state legislators showing up on Jan 6th, and many of them were in safe red districts, but-

Dennis: Showing up on January 6th, but then they run for governor later.

Nir: Right. Right.

Dennis: Yeah.

Beard: Now you've been at Bridge for over a decade; I think Bridge has had its fair number of wins in that time. What are a couple of your favorite research hits that went out and went across the nation?

Dennis: Yeah, I mean, so I can't obviously talk about all of them. Some of them we do publicly take credit for, some of them we don't. It's funny, a lot of folks expect me to say like, oh, this incredible silver bullet investigative story that knocked somebody out of the race. And sometimes that does happen. We are involved in, going way back, Todd Akin-

Beard: Hell yeah.

Dennis: ... say, legitimate rape. Our media monitor found that and got that out very quickly. And we've had a few other big successes like that over the years. The things that are honestly most interesting to me, are because, for those big ‘knock them out of the race’ hits, you're almost always relying on the Republican to give you that. You have to be there and able to find it, but you can't necessarily replicate it if the candidate hasn't done something disqualifying.

The things that I really like, and Dr. Oz is a good example of this, although he did a lot of stuff that was also disqualifying, but it's the stuff where it's a narrative. It's something about them that's sort of sticky. Dr. Oz, a big part of that, I mean, he ran into trouble with his issues on abortion, but also he wasn't from Pennsylvania. And that is not an oppo hit, that is just a true thing. He's not from Pennsylvania. But it opens up 1,000 other news stories. Dr. Oz at the New Jersey Hall of Fame video that we dug up. A ton of things like that. So I love those big narrative things.

And thinking back to recent races, it's really interesting to me the extent to which the go-to Republican talking points on abortion went from the normal go-to talking points on abortion to race-ending gaffes in a pretty short amount of time. And a lot of our work in Kentucky, the Kentucky governor's race in 2023, we had some incredible investigative public records hits there, which I think were impactful. But some of our most important stuff was just like being there to listen to what he said about abortion, which was the main thing that lost that race for him.

Beard: Now, of course, like a lot of the Democratic movement in the wake of the Dobbs decision, reproductive rights have been a huge focus, both in terms, of course, of policy movement, but in a lot of electoral campaigns and a lot of Republicans who are all of a sudden running scared of abortion rights and their record. So tell us some of the things that American Bridge has been doing specifically in the reproductive rights area.

Dennis: Yeah. So the nice thing, the reason I love being at American Bridge, is I worked directly for political candidates for a long time in the research department, and what we would do is I'd get there at the beginning of the year, we'd build up a research shop, we'd have all this great research, we'd have all these videos so well organized, we'd have processes in place, and then election day would come and we'd tear it down and we wouldn't have it anymore. And then I'd build it up next year again. American Bridge, we've been around for a lot of years at this point, and none of the work we do ever goes away, and that has just been a huge advantage for us since Dobbs.

The first thing we did when the decision leaked is we just compiled every Republican we've ever covered and we put it online at a website called repro-files.com. It's repro-files.com. Just every Republican's past positions and statements and videos and issue papers and questionnaires from their state's right to life that they signed. We just put that all up online. This is not stuff that they were hiding until the Dobbs decision came down and then you started seeing it come down off their website. You started seeing they were deleting it out of their bios. If they were on the board of some organization, that was getting deleted. So one of the great things that we have is just our archive going back into history.

And on the issue of abortion, it was just a matter of putting it online where everybody could find it and know what these people believe, which is gratifying in some sense the fact that these folks have these terrible positions. It's horrible that this is what it had to come to make this into such an important issue, but at least we were there and we had the information. We were able to get it out there. And we saw a lot of it was getting used and paid media advertising was getting. Reporters were using it as a resource. So that's been a huge part of what we've been doing on that issue.

Nir: So, Pat, a little while ago you mentioned Todd Akin, which I don't know, in this world is always going to be one of the great legendary all-time stories, but let's dig in a little bit more about tracking because it's not just as easy as sending someone with a camera or, of course, these days, with a phone to follow someone around everywhere 24/7. It's not like you're staking them out like a private investigator. What are your dos and don'ts at American Bridge that you've developed for tracking?

Dennis: So our trackers, there was a time when I first got into politics — the 2009 election was my first election as I was actually a tracker myself, and what I got on video was important and I wrote up tracking reports — but really what that campaign hired me for was to get up in there, stick that camera up in Chris Christie's face in 2009, and make him nervous. Make him remember that he's being filmed and if he screws up we're going to make hay of it. That is not really what we do anymore, because our capacity to actually use the stuff that these candidates say has just gotten with vertical video with Twitter, with just our giant list of reporters. What we actually want is to quietly sit in the back of the room and record these folks.

So basically, we used to want these candidates to know we were there. These days, we are not disruptive. We're very quiet. We will frequently not even set up a tripod or a video recorder. We'll sit in the back of the room with an audio recorder if we have to. We still prefer video. But really no confrontations. Don't even let them know who you are, if possible. Our goal is to capture as much video and audio as possible.

So in terms of dos or don'ts, don't make a show, don't antagonize the staff. Obviously, this has always been true, but don't touch anybody. And that goes on both sides. I remember in New Hampshire, this was maybe 2015, it was a Rand Paul staffer who walked up to our tracker standing in the back of the room and licked the camera, resulting in some incredible footage and one of the weirdest rapid response meetings we've ever had to do.

Nir: Of course, this guy's working for Rand Paul.

Dennis: Oh yeah.

Nir: I mean, that is so distasteful.

Dennis: Yeah. When Rand Paul interviews, I'm pretty sure they have a test like, what's the weirdest thing you would do to a tracker? That's a big part of the Rand Paul hiring process. That's our thing. We're pretty hands-off. The trackers are there to be a fly on the wall.

Beard: Now, one thing I remember being pretty interesting about the whole tracking system is sometimes it was really easy to know where the events were. Candidates would publicize things everywhere and you would know their schedule from event to event, and some particularly incumbents sometimes took a very different tack about really hiding their own appearances, which made tracking a lot more difficult. Is that still the case? Do you still sometimes have these hidden Republicans who don't want to ever have a public event that someone might show up at?

Dennis: Oh, yeah. That is a constant problem. It's become easier and harder. As things have moved online, there are far more events that we can send a person to; they get kicked out, and we just record the live stream. So that's become nice, but as you said, there are definitely folks who do not want to be found, and really there is no science, all art for figuring out how to get into that stuff. You have to be on the Facebook pages. Sometimes somebody mentions it in a Facebook comment on a livestream somewhere, and then you're like, "Oh, well, I guess he's going to the fish fry next week." Sometimes you’ve just got to go to an event where he might want to go to that, but we have no indication. So that is definitely a real problem, and it's just you’ve got to be online all day long trying to find these folks.

Beard: Now, in recent years, as you mentioned, American Bridge has really expanded its rapid response network. It used to be very focused on getting the material and then it was up to others to run with it, and Bridge has really expanded its own capabilities to run with stuff, including some paid media. So which of these have really you found to be most successful in communicating with voters? How has American Bridge's experience been dipping its toe into really communicating with voters directly?

Dennis: It's a little verboten for this podcast because our paid media work has really focused, not exclusively, but largely on the presidential races.

Nir: I wondered where you were going with that when you said it was verboten. I was like, "Are we going to be breaking some FEC rules?"

Dennis: You can use the P word on this podcast. We've largely been focused on the presidential race in 2020, but we've also done just a lot of work. We worked in the Georgia runoffs after the 2020 election, and really our paid media is focused on taking real voters, real people. This is the hardest way if you're ever going to do ads. If on one end of the spectrum, you have the studio spot where it's all computer graphics, a stock photo, and a stock video, that's the easiest way to make an ad. If you want to make your life as hard as possible, commit to taking real people from the actual state who are completely unpaid and just have them talk about their opinions on political issues and cut those into ads. That's what we do, and we find it is absolutely the most effective way to communicate. We don't write scripts.

We basically find people who, in 2020, it was largely people who voted for Trump and were disappointed. This time around, it's largely people, some of whom voted for Trump, some of whom didn't, but folks talking about their experiences with Biden, the way that the legislation we passed has helped them, and also just like the disappointment with Trump, but also the revulsion at his actions, especially around January 6th and things like that. So we find these people who are actual voters in the states that we're focused on and we go to their house, we set up a camera, and we talk for a couple of hours, and then we cut that into TV ads. That's our methodology and we find it tests really well.

Nir: I am always curious about this kind of question, how do you put out the call for folks like this?

Dennis: It's so hard. This is the nice thing, we're a few years into this now and we've gotten it down. We started out just throwing everything at the wall. Who do you know in the state? We even experimented with hiring paid canvassers to go around and talk to people. Really, what we've settled on as the best solution and is working extremely well is we have 75, 80 staff at American Bridge, many of whom have worked in these states. We are working our networks that way, but also we have organizers on the ground who are doing the work the way a field organizer on a campaign would do it, except their goal is to bring people into this paid media funnel.

So that's been working extremely well. Honestly, I did not expect to have as many people in the pipeline as we do this time around, because people, you hear some negative things in the media sometimes. But what we've actually found is people have a lot to say on this stuff, especially people who were disappointed by Donald Trump. They are out there. They are worried he's coming back and they want to speak out.

Nir: Well, we've been talking with Pat Dennis, the president of American Bridge. Pat, before we let you go, where can people learn more about American Bridge, the work you do, and you as well?

Dennis: Yeah. Our website is americanbridgepac.org, but there are a few places you can get to these from americanbridgepac.org. We also have trumpresearchbook.com. That is the research book on Donald Trump. What are all the bad things he's done? It's all organized by topic and issue area and every disastrous thing that he's been involved in, and it's updated very frequently. Repro-files.com, that's repro-files.com. That is a giant database of Republicans' positions on the issue of abortion. And then I'm still on Twitter. I know I shouldn't be. I'm also on Threads. I'm also on BlueSky. My name is Pat Dennis on all of them. You can find me there. I'm trying to break the Twitter habit, but old habits die hard.

Beard: Aren't we all?

Nir: It's a tough one to break. Pat, thank you again for coming on “The Downballot” this week.

Dennis: Yeah. Thanks so much for having me.

Beard: That's all from us this week. Thanks to Pat Dennis for joining us. “The Downballot” comes out every Thursday, everywhere you're listening to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to “The Downballot” on Apple Podcast and leave us a five-star rating and review. Thanks to our editor, Trever Jones, and we'll be back next week with a new episode.