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      Mayorkas impeachment: petty, doomed … but still potentially damaging

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      In 1876, the last US cabinet official to be impeached, William Belknap, resigned before the House could vote on the matter. Ulysses S Grant’s secretary of war was tried in the Senate anyway, on charges of corruption, but escaped conviction.Nearly 150 years later, in the House on Tuesday and at the second time of asking, Republicans corralled just enough votes to ensure Joe Biden’s secretary of homeland security, Alejandro Mayorkas, suffered Belknap’s fate. But Mayorkas has not resigned – and nor is he likely to be convicted and removed.Democrats control the Senate, which means Mayorkas is all but certain to be acquitted at any trial, regardless of reported doubts among Republican senators about their party’s case.After the 214-213 vote to impeach, Chuck Schumer, the Democratic Senate majority leader, set out what will happen next. House managers will present the articles of impeachment after Monday’s President’s Day holiday. Senators will be sworn in as jurors. And Patty Murray of Washington state, the Democratic Senate president pro tempore, will preside thereafter.Schumer also issued a stinging statement.“This sham impeachment effort is another embarrassment for House Republicans,” the New Yorker said. “The one and only reason for this impeachment is for Speaker [Mike] Johnson to further appease Donald Trump.”The Mayorkas impeachment is of a kind with Senate Republicans’ decision last week to detonate their own hard-won border and immigration bill because Trump, their likely nominee for president, wants to campaign on the issue.Schumer continued: “House Republicans failed to produce any evidence that Secretary Mayorkas has committed any crime. House Republicans failed to show he has violated the constitution. House Republicans failed to present any evidence of anything resembling an impeachable offense. This is a new low for House Republicans.”Most observers agree that the charges against Mayorkas – basically, that he performed incompetently and violated immigration law regarding the southern border – do not remotely rise to the level of “high crimes and misdemeanours”, as constitutionally required for impeachment and removal.Perhaps with a nod to the unfortunate Belknap, the Biden White House weighed in, saying: “History will not look kindly on House Republicans for their blatant act of unconstitutional partisanship that has targeted an honorable public servant in order to play petty political games.”But history also records that all impeachments (and impeachment efforts, such as that mounted by Republicans against Biden himself) are inherently political, so this one could prove as politically potent as did those of Trump. Both Trump impeachments concerned behaviour – blackmailing Ukraine for political dirt and inciting the January 6 attack on Congress – much closer by any standard to the status of high crimes and misdemeanours. Regardless, Republicans ensured Trump was acquitted in both and have since fed Trump’s fierce desire for revenge.The Mayorkas impeachment was driven by Trump-aligned extremists prominently including Marjorie Taylor Greene of Georgia.Speaking to reporters on the Capitol steps on Tuesday, the same day the Senate passed a $95bn national security package including funding for Ukraine in its war with Russia, Greene said she was “very thankful to our Republican Congress. We’re finally working together with the American people to send a message to the Biden administration that it’s our border that matters, not other countries’ borders. Our border matters.”Claiming Mayorkas was guilty of “willful betrayal of the American people and breaking federal immigration laws”, Greene also said the impeachment “sends a message to America that Republicans can get our job done when we work together and do what’s important and what the American people want us to do.”skip past newsletter promotionafter newsletter promotionIf there were any remaining doubt that Mayorkas was impeached in service of pure politics, Greene said senators set to sit as jurors should “look at the polling. They know that our border security is the No 1 issue in every single campaign in every single state, every single city, in every single community … They better pay attention to the American people.”It is not certain, however, that a trial will happen.Joshua Matz, a lawyer who has written extensively on impeachment and worked on both impeachments of Trump, recently told Politico: “Impeachment trials are meant to be deadly serious business for matters of state – not free publicity for the House majority to air policy attacks on the current administration.”The Mayorkas impeachment articles, Matz said, are “so manifestly about policy disagreement rather than anything that could arguably qualify as high crimes and misdemeanours, that it would be unwarranted to waste the Senate’s time with the trial on the matter.“The articles are formally deficient in so many ways that any trial would be flagrantly unfair and create such grave due process issues that it would be outrageous to even proceed.”Senate Democrats could bring up a simple motion to dismiss the Mayorkas charges, a gambit which would be likely to succeed, given indicated support from the West Virginia centrist Joe Manchin, a key swing vote in the narrowly divided chamber. Less starkly, Democrats could seek to tie proceedings up in procedure, options including sending the charges to a committee, there to sit in limbo throughout an election year.All choices carry political peril, however. On Wednesday, the news site Semafor quoted an unnamed Republican aide as saying: “If Democrats give Republicans the opportunity to say that they are sweeping this under the rug, we will gladly take it.“If this is the sham Democrats claim it is, why would they be afraid of holding a trial?” More

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      Republicans’ topsy-turvy take on aid for Ukraine reveals party in thrall to Trump

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      Nearly a decade ago, as Russian troops entered the Crimean peninsula, congressional Republicans were in uproar, blaming Moscow’s land grab on what they claimed was a retreat from American leadership by then president Barack Obama. Loudest among the Republican critics was the South Carolina senator Lindsey Graham, who assailed Obama as a “weak, indecisive leader”.In a pre-dawn vote on Tuesday, Graham joined the majority of Senate Republicans in opposing a foreign aid package that would rush wartime assistance to Ukraine as it approaches the second anniversary of Russia’s full invasion.It was a shocking – if not entirely surprising – turn for one of the chamber’s leading defense hawks and a steadfast Russia critic. But these days Graham has another distinction: he is one of Donald Trump’s most loyal allies on Capitol Hill, where the former president – and likely Republican nominee – has been whipping up opposition to Ukraine’s war effort.Just 22 Republican senators broke with Trump to approve the aid package for Ukraine, Israel and other US allies – yet another sign of how thoroughly the former president’s America First vision has supplanted the party’s consensus toward internationalism and interventionism.There has long been an isolationist strain among hardline Republicans who contend that investment in foreign entanglements risks bringing the US closer to war and diverts money away from domestic challenges. But then Trump came to power and sidelined the defense hawks, ushering in a dramatic shift in Republican sentiment toward America’s allies and adversaries.Nearly half of Republicans and right-leaning independents said the US was providing too much aid to Ukraine, according to a survey by the Pew Research Center conducted late last year. This share rose sharply from the early stages of the war following Russia’s invasion in February 2022.In his statement on Monday night, Graham insisted that he still supported Ukraine but said unless and until lawmakers turn the $95bn military assistance package into a “loan instead of a grant”, he would oppose it.It echoed comments Trump made over the weekend, in an all-caps social media post addressed to the US Senate, in which he said foreign aid should be structured as a loan, not a “giveaway”. Later in a campaign speech, Trump rattled American allies in Europe when he claimed that he would encourage Russia to attack Nato allies who did not pay enough to maintain the security alliance.But in Washington, most Republicans dismissed or downplayed the remark.“I was here when he was president. He didn’t undermine or destroy Nato,” senator Marco Rubio, a Florida Republican who sponsored legislation to block a US president from unilaterally withdrawing from Nato, told reporters. The senator, who built a reputation as a defense hawk, voted against the military assistance measure on Tuesday.The bill, which includes $60bn for Ukraine, divided the Senate Republican leadership. From the Senate floor, Senator Mitch McConnell, the top Republican, delivered increasingly urgent pleas for his conference to rise to the occasion and support America’s allies, even after his plan to tie border security to foreign aid collapsed, torpedoed by Trump’s opposition.“This is about rebuilding the arsenal of democracy and demonstrating to our allies and adversaries alike that we’re serious about exercising American strength,” McConnell said. “American assistance with these efforts is not charity. It’s an investment in cold, hard US interests.”McConnell’s deputy, John Thune of South Dakota, voted for the measure, while John Barrasso of Wyoming, the No 3 Senate Republican, opposed it. Barrasso has endorsed Trump for president.skip past newsletter promotionafter newsletter promotionIn a floor speech, Senator Rand Paul, who led the effort to delay the measure, accused McConnell, a fellow Republican from Kentucky, of collaborating with Democrats to “loot the Treasury”. He panned McConnell’s argument that bolstering Ukraine’s defense was critical to American national security as “ludicrous”.The Ohio senator JD Vance, another Trump loyalist, claimed the effort to replenish Ukraine’s war chest was a “plot” by the Republican establishment to “stop the election of Donald Trump”. Meanwhile, some arch-conservatives suggested it was time for McConnell to step down.Now the bill goes to the House, where the speaker, Mike Johnson, must tread carefully not to meet the same fate as his prematurely deposed predecessor. Johnson indicated that he was unlikely to bring the measure to the floor for a vote because it lacks border enforcement measures. But just last week he announced that he would refuse to bring a version of the bill that included a border security deal because the Trump-allied hardliners who hold outsized power over his thin majority were wary of handing Joe Biden anything that resembled a political victory.House Democrats and the remaining pro-Ukraine House Republicans are casting about behind the scenes for a solution. But there are many political and logistical hurdles to overcome before a majority bloc not accustomed to working together in the tribal House comes together to circumvent Johnson – and by extension Trump.“If it were to get to the floor, it would pass,” congressman Andy Biggs, a member of the hardline House Freedom caucus and a staunch opponent of the aid package, told a conservative radio host on Tuesday morning. “Let’s just be frank about that.”But until the bill reaches Biden’s desk, Biggs’s admission is cold comfort to American allies waiting for Congress to act. More

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      US Senate moves forward $95bn Ukraine and Israel aid package

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      After many setbacks and much suspense, the Senate appeared on track this week to approve a long-awaited package of wartime funding for Ukraine, Israel and Taiwan, as Republican opponents staged a filibuster to register their disapproval over a measure they could not block.The Senate voted 66-33, exceeding a 60-vote margin, to sweep aside the last procedural hurdle and limit debate on the measure to a final 30 hours before a vote on passage that could come on Wednesday.Senators had worked through the weekend on the roughly $95bn emergency spending package, which cleared a series of procedural hurdles as it moved toward final passage. The chamber voted on the legislation on Monday night following hours of debate and a talking filibuster led by Republican senator Rand Paul and joined by a coterie of Donald Trump’s allies in the chamber.On Monday, Senate majority leader Chuck Schumer, a New York Democrat, said the weekend votes demonstrated “beyond doubt that there’s strong support” for advancing the foreign aid package.Schumer said: “These are the enormously high stakes of the supplemental package: our security, our values, our democracy. It is a down payment for the survival of western democracy and the survival of American values.”He continued: “The entire world is going to remember what the Senate does in the next few days. Nothing – nothing – would make Putin happier right now than to see Congress waver in its support for Ukraine; nothing would help him more on the battlefield.”If the bill passes the Senate as expected, the bill would next go to the Republican-led House, where next steps are uncertain. Though a bipartisan majority still supports sending assistance to Ukraine, there is a growing contingent of Republican skeptics who echo Trump’s disdain for the US-backed war effort.“House Republicans were crystal clear from the very beginning of discussions that any so-called national security supplemental legislation must recognize that national security begins at our own border,” read a statement from House speaker Mike Johnson.The Republican speaker said the package lacked border security provisions, calling it “silent on the most pressing issue facing our country”. It was the latest – and potentially most consequential – sign of opposition to the Ukraine aid from conservatives who have for months demanded that border security policy be included in the package, only to last week reject a bipartisan proposal intended to curb the number of illegal crossings at the US-Mexico border.“Now, in the absence of having received any single border policy change from the Senate, the House will have to continue to work its own will on these important matters,” Johnson said. “America deserves better than the Senate’s status quo.”The measure includes $60bn in funding for Ukraine, where soldiers are running out of ammunition as the country seeks to repel Russian troops nearly two years after the invasion. Much of that money would go toward supporting Ukraine’s military operations and to replenishing the US supply of weapons and equipment that have been sent to the frontlines. Another $14bn would go to support Israel and US military operations in the region. More than $8bn would go to support US partners in the Indo-Pacific region, including Taiwan, as part of its effort to deter aggression by China.It also allots nearly $10bn for humanitarian efforts in Ukraine, Israel and Gaza, where nearly a quarter of residents are starving and large swaths of the territory have been ravaged.skip past newsletter promotionafter newsletter promotionNot included in the package is a bipartisan border clampdown demanded by Republicans in exchange for their support for the foreign aid package. But after months of fraught negotiations, Republicans abandoned the deal following Trump’s vocal opposition to the border-security measure.Though its Republican defenders argued that it was the most conservative immigration reform proposal put forward in decades, Trump loyalists on Capitol Hill deemed it inadequate amid record levels of migration at the US southern border. Others were more explicit, warning that bipartisan action to address the situation could help Joe Biden’s electoral prospects in the November elections.Border security is top of mind for many Americans, the overwhelming majority of whom disapprove of the president’s handling of the issue.After the Senate failed to advance the border security measure, Schumer stripped it out and moved ahead with a narrowly-tailored foreign aid package. In floor speeches on Monday, several Republican senators lamented the absence of border enforcement policies, though all had voted to reject the bipartisan immigration deal last week.“Open the champagne, pop the cork! The Senate Democrat leader and the Republican leader are on their way to Kyiv,” Paul said, launching the filibuster. He continued: “They’re taking your money to Kyiv. They didn’t have much time – really no time and no money – to do anything about our border.” More

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      Larry Hogan launches Republican Senate bid after saying he lacks ‘burning desire to be a senator’

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      Larry Hogan, the former Republican governor of Maryland who on Friday announced a surprise US Senate run, told an interviewer last year he did not “have a burning desire to be a senator”, would find sitting in the Senate “really frustrating”, thought being a senator was “not where my skill set lies”, and said that though he could win a seat, “the problem was I would win and I would have to go be a senator”.Hogan made the stark remarks, which may now come to haunt him, in an interview last May with Johanna Maska, host of the Press Advance podcast and a former White House aide to Barack Obama.Hogan left office in Maryland in January 2023 after two terms as governor. A popular moderate Republican in a deeply Democratic state, he was long linked to a presidential bid with No Labels, a centrist group considering a challenge to Joe Biden and Donald Trump, the likely GOP nominee.On Friday, however, Politico first reported that Hogan was jumping into the race to succeed Ben Cardin, a long-serving, retiring Democrat, in the US Senate.Releasing a video announcement, Hogan said: “I am running for the United States senate – not to serve one party – but to stand up to both parties, fight for Maryland, and fix our nation’s broken politics. It’s what I did as Maryland’s governor, and it’s exactly how I’ll serve Maryland in the Senate. Let’s get back to work.”He may have work to do to explain his comments to Maska.Asked about previous comments in which he said he wouldn’t run for the Senate, and if he could change his mind, Hogan said: “You know, I’ve said over and over again that number one, I just didn’t have a burning desire to be a senator.“You know, I love being governor. I’ve been running businesses my whole life. I’m more of an executive. I got to make decisions every day that [affected] people’s lives and you have a lot of ability to make a difference.“The Senate, not to say it’s not an important job, but you’re one of 100 and you’re, you know, arguing all day and making speeches in committees but very little ever seems to get done. And so I think just on a personal human level, I think it’d be really frustrating to be sitting in the Senate, I’m not sure it would motivate me, it’s not where my skill set lies, I don’t think.”Hogan’s decision to run for Senate came the same week Republicans in the chamber tanked their own border and immigration reform bill at the command of Trump.Hogan is a rare Republican critic of the former president. In his interview with Maska, he referred to widely reported attempts by the Senate GOP to recruit him as a prized moderate in a party which has seen a succession of extremists defeated in key states.“I get why they’re coming after me,” Hogan said. “We haven’t elected a Republican senator [in Maryland] since 1986 [when Charles Mathias retired] and in the last seat that opened up, two years ago [the Democrat] Chris Van Hollen, a Washington Post poll said I would have beaten him by 12 points.“You know … I left [the governor’s mansion] with the highest approval rating of any politician in state history and so I probably could win the seat. But … the problem was I would win and I would have to go be a senator.”The former governor did not immediately respond to a request for comment. The Maryland Republican party said it could not speak for Hogan. More

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      Hospitalized lawmakers showing up for last-minute votes? Not as rare as you’d think

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      The US House of Representatives was on edge on Tuesday night: would the homeland security secretary, Alejandro Mayorkas, be impeached? The Republicans’ mission looked likely to succeed, just barely, when a lone Democrat in a wheelchair and a hospital outfit emerged and put a stop to it.That man was Al Green – not that Al Green, but a representative from Texas who’d taken an Uber from the hospital to make his views known. In a line perfectly tailored to a scene the New York Times compared to a political thriller, Green told the paper: “I came because it was personal.” He had undergone emergency abdominal surgery days before and was back in his hospital bed when he spoke to the reporter, Kayla Guo.It’s not the first time the US Capitol has played host to such a dramatic vote. Lawmakers have always had to balance their physical health with the demands of the job – and on occasions from the passage of the Civil Rights Act to the near-death of Obamacare, the results have been momentous.Green was the latest politician to make such a memorable entrance. “I had to cast this vote because this is a good, decent man whose reputation should not be besmirched,” he said of Mayorkas, who Republicans, in a partisan effort, accused of purposely failing to enforce immigration laws. Signs suggest they may attempt the process again – but for now, Green’s last-minute rush to the chamber prevented the first impeachment of a cabinet member since 1876.A comparable moment in recent memory came in 2017. After he was diagnosed with brain cancer, John McCain returned to the Senate to weigh in on the future of the Affordable Care Act, AKA Obamacare, travelling across the country from his home in Arizona. And that wasn’t the most surprising part: with Republicans only slightly outnumbering Democrats in the Senate, 52-48, there was little wiggle room in their effort to undo the health law.McCain’s return could have helped his party undermine legislation that members had been whining about for almost a decade – and which McCain himself opposed. But his views on the “skinny” repeal were more complicated. On 25 July, he voted to begin debate on the bill but expressed his reservations about it, calling it a “shell of a bill” and condemning the process that created it.A few nights later, with a scar over his left eyebrow, he told reporters to “wait for the show”. When it came time to vote, he gave a thumbs down, casting a decisive vote that salvaged the healthcare reform he had campaigned against; gasps could be heard in the chamber. “I was thanked for my vote by Democratic friends more profusely than I should have been for helping save Obamacare,” he later wrote. “That had not been my goal.” Still, the healthcare act lived on.Another historic piece of US legislation, the Civil Rights Act, benefited from the heroics of a single lawmaker in poor health. In 1964, the law had passed the House and was facing a Senate vote – but 18 senators were determined to filibuster it. Senator Richard Russell, a Georgia Democrat, said he and his allies would “resist to the bitter end” efforts “to bring about social equality” in the south. The chamber needed 67 votes to end the filibuster, and Senator Clair Engle, a California Democrat, was in the hospital with a brain tumor.View image in fullscreenOn the day of the vote, as Colin Son recounted in the journal Neurosurgical Focus, an ambulance carried Engle to the chamber. In a wheelchair, he struggled to speak; instead, he pointed to his eye, mouthing the word “aye”. Some colleagues were said to be in tears. The vote counted, and the measure passed, allowing the bill to move forward. Engle returned to the chamber for the last time nine days later, on 19 June, when the Senate passed the Civil Rights Act.Other instances of rushed trips to the Capitol have had somewhat lower stakes. In 1985, for instance, Pete Wilson of California arrived in the Senate in a wheelchair and a bathrobe at 1.32am after getting his appendix out. According to a Times report, he asked colleagues: “What was the question?” and then voted to pass Ronald Reagan’s 1986 budget, prompting cheers. And across the ocean, Westminster has seen its share of politicians overcoming illness to cast votes: in 2018, for instance, the Labour MP Naz Shah discharged herself from a hospital and traveled four hours to London for a vote on a Brexit amendment. “I was standing next to Laura Pidcock [the Labour MP for North West Durham], who is eight months pregnant and in agony,” she told the Guardian at the time.Shah called the voting process archaic; similar arguments have been made about the US system. Last year, several House Democrats introduced a bill to allow voting by proxy, which was permitted early in the pandemic but shut down when Republicans took control of the House. “Of course we’re going to try to get here no matter what, but we have medical emergencies, just like our constituents do,” Representative Deborah Ross told CQ Roll Call.Then again, some perfectly healthy US lawmakers have done the opposite. On multiple occasions, senators have had to be essentially hauled on to the chamber floor.In 1988, the Senate’s sergeant-at-arms was ordered to arrest no-shows – it was the only way to halt a filibuster. According to the chamber’s official history, he “led a ‘posse of six Capitol police officers’ in a post-midnight search” of their offices. Senator Robert Packwood, an Oregon Republican, had jammed a chair against his door, but officers finally managed to get him to the chamber.“By prearrangement, Senator Packwood collapsed into the arms of the officers who then transported him feet-first into the Chamber,” the history says. “On his feet again, he announced: ‘I did not come fully voluntarily.’” More

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      US Senate advances wartime aid package for Ukraine and Israel

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      The Senate on Thursday advanced a wartime aid package for Ukraine and Israel, reviving an effort that had stalled amid Republican opposition to a border security bill they demanded and later abandoned.A day after blocking a measure that would have paired harsh new border restrictions with security assistance for Ukraine, Israel and other US allies, the Senate voted 67 to 32 to begin consideration of the $95bn emergency aid bill. Several Republicans who voted to block the broader border package agreed to open debate on the foreign policy-only version of the measure after securing the opportunity to propose changes, including the immigration enforcement measures that were stripped out.With Kyiv begging Washington for help battling Russian forces on the frontline, the Senate majority leader, Chuck Schumer, hailed the preliminary vote as a “good first step”. But its prospects remained unclear as Republicans threatened to force a lengthy amendment process.“Failure to pass this bill would only embolden autocrats like [Russia’s Vladimir] Putin and [China’s] Xi [Jinping], who want nothing more than America’s decline,” Schumer said following the vote. He added: “We are going to keep working on this bill until the job is done.”If the Senate passes the bill it would face further uncertainty in the House, where Republicans hold a slim majority and have been increasingly opposed to sending aid to Ukraine.The new foreign aid package under consideration would include billions of dollars in military assistance for Ukraine and security assistance for Israel with humanitarian assistance for civilians in Ukraine, Gaza and the West Bank. However, it would not include the US border security measures outlined in the bipartisan measure, although some Republican senators expressed interest in adding border provisions through an amendment process.Among them was Senator Lindsey Graham, a Republican of South Carolina, who voted against advancing the funding measure on Thursday “because I believe we have not done all we can to secure our southern border”.“I enthusiastically support Ukraine, Taiwan and Israel, but as I have been saying for months now, we must protect America first,” the Trump ally said in a statement.The Senate had held an initial vote on the foreign aid package on Wednesday, in which 58 members supported advancing it. That initial motion required only a simple majority for passage, so the bill was able to advance, but 60 votes were needed for advancement on Thursday.There was some apparent uncertainty over how much support the bill had on Wednesday, forcing senators to keep the initial vote on the proposal open for four hours as they debated the best path forward. That evening, Schumer took to the floor to announce that members would reconvene on Thursday to vote on the legislation.“We will recess until tomorrow and give our Republican colleagues the night to figure themselves out,” Schumer said. “We’ll be coming back tomorrow at noon, and hopefully that will give the Republicans the time they need. We will have this vote tomorrow.”Schumer’s comments came hours after the Senate voted 49 to 50 against advancing the bipartisan border bill. Sixty votes were required to start debate on the bill, but 44 Senate Republicans and six of their Democratic colleagues blocked the legislation from moving forward. Just four Senate Republicans – including James Lankford, a Republican of Oklahoma, who helped broker the border deal – supported advancing the bill.Schumer initially supported the bill’s advancement, but he then changed his vote, a procedural maneuver that would allow him to take up the legislation again later. In a floor speech delivered on Wednesday before the vote, Schumer criticized Republicans for opposing the bipartisan bill and accused them of doing Donald Trump’s political bidding. The former president had called on Republicans to oppose the border deal out of concern for how it might affect the presidential race and his campaign’s focus on the issue of immigration.“Donald Trump doesn’t like that the Senate finally reached a bipartisan border deal. So he has demanded Republicans kill it,” Schumer said. “He thinks it’s far better to keep the border in chaos so he can exploit it for personal political gains. And Senate Republicans – vertebrae nowhere to be found – are ready to blunder away our best chance of fixing the border in order to elevate what they see as the interests of Donald Trump above the interests of the country.” More

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      Biden blames Trump for imminent death of immigration bill – as it happened

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      In his speech at the White House, Joe Biden accused Republicans of caving to Donald Trump’s wishes and opposing a bill to tighten immigration policy that the party had demanded.“All indications are this bill won’t even move forward to the Senate floor,” the president said.“Why? A simple reason: Donald Trump.”He continued:
      Because Donald Trump thinks it’s bad for him politically, therefore … even if it helps the country, he’s not for it. He’d rather weaponize this issue than actually solve it. So for the last 24 hours, he’s done nothing, I’m told, than reach out to Republicans in the House and the Senate and threaten them and try to intimidate them to vote against this proposal. It looks like they’re caving. Frankly, they owe it to the American people to show some spine and do what they know to be right.
      Donald Trump’s strategy to get out of the charges brought against him for allegedly trying to overturn the 2020 election suffered a blow when a federal appeals court turned down his argument that he is immune from prosecution because he was acting in his capacity as president. Trump’s campaign vowed to appeal the three-judge panel’s unanimous decision. Meanwhile, the bipartisan bill to approve military aid to Israel and Ukraine and also impose hardline immigration policies is on the verge of death. Republicans in the House and Senate are assailing the legislation, even though the party demanded it as their price to approve the military aid. In a speech at the White House, Joe Biden accused the GOP of “caving” to Trump, and vowed to campaign on the bill’s failure.Here’s what else happened:
      Republicans senators are reportedly interested in approving aid to Israel and Ukraine without changing immigration policy. Democrats tried to do that months ago, but were blocked by the GOP.
      House Republicans may not have enough support to impeach the homeland security secretary, Alejandro Mayorkas. A vote on the charges is expected later this afternoon.
      Trump’s allies in Congress are not pleased by the appeals court’s ruling against him.
      The judges who rejected Trump’s immunity claim said the former president was arguing to make it impossible to hold presidents to account.
      Will Trump and Biden debate? It’s not looking likely right now.
      The House has kicked off debate over impeaching homeland security secretary Alejandro Mayorkas, beginning with a procedural vote that succeeded:However, it remains unclear if the GOP has enough support to succeed in formally leveling charges against Mayorkas for his handling of the surge in migrants crossing the southern border during Joe Biden’s presidency. Two Republicans say they won’t vote for the articles, while others are reportedly on the fence, saying impeaching a cabinet secretary, which is already an exceedingly rare step, for policy issues rather than breaking the law is inappropriate.Speaker Mike Johnson has vowed that the chamber will vote on the articles later today. If they pass, they’ll go to the Senate, whose Democratic leaders are certain to reject them.With the immigration deal all but dead, the question becomes: can Congress pass aid to Ukraine and Israel?We may find out the answer to the latter question sometime this afternoon, when the House takes a vote on a standalone bill to fund Israel’s counterattack against Hamas. The legislation will need a two-thirds majority to pass, and seems unlikely to achieve that – Democrats are furious at the GOP for killing the immigration policy compromise, and their leader Hakeem Jeffries, whip Katherine Clark and caucus chair Pete Aguilar earlier today announced they’d vote against the Israel aid bill. Here’s what they said:
      We are prepared to support any serious, bipartisan effort in connection with the special relationship between the United States and Israel, our closest ally in the Middle East. Unfortunately, the standalone legislation introduced by House Republicans over the weekend, at the eleventh hour without notice or consultation, is not being offered in good faith. Rather, it is a nakedly obvious and cynical attempt by MAGA extremists to undermine the possibility of a comprehensive, bipartisan funding package that addresses America’s national security challenges in the Middle East, Ukraine, the Indo-Pacific region and throughout the world.
      And even if it were to pass, the White House says Joe Biden would veto it.As for Ukraine, funds for its defense against Russia face an even steeper hill to climb. Goaded on by Donald Trump, an increasing number of Republican lawmakers, particularly in the House, oppose assistance to Kyiv. However, Bloomberg News reports some Republicans senators are open to the idea – which is what Democrats called for months ago:
      Hawkish Republicans on Tuesday began discussing moving ahead on a Ukraine aid package without the border restrictions. Pairing the two had once been considered a way to sweeten the deal for House conservatives but has since proven divisive.
      Texas Republican John Cornyn, who has pushed for new border restrictions but opposes the latest deal, said he’d support moving forward with funding for Ukraine, Israel and Taiwan and that such a bill would pass the Senate.
      South Carolina Senator Lindsey Graham, a prominent Republican hawk, said he would vote for an aid package without US border provisions.
      “If we fail on the border, we put our country at risk. There is no use letting the world fall apart,” he said.
      The Senate’s top Republican Mitch McConnell told reporters this afternoon that he believes the immigration policy bill will fail to advance in tomorrow’s vote:McConnell had endorsed the legislation after its release this evening, but acknowledged his lawmakers won’t get behind it.Will Donald Trump, should he win the Republican presidential nomination, debate Joe Biden? The Guardian’s Jessica Glenza reports that the chances are not looking great:Joe Biden has dismissed calls from his White House predecessor Donald Trump to “immediately” schedule a presidential debate.Trump skipped every debate this primary season. He continues to refuse to debate his former United Nations ambassador Nikki Haley, a long-shot contender for the GOP’s nomination.“Well, if I were him, I’d want to debate me, too,” Biden told reporters when asked about Trump’s challenge while the president was at a small Las Vegas boba tea shop during a campaign stop. With a bubble tea in hand, Biden added: “He’s got nothing else to do.”Although the primary season is not yet over, both Biden and Trump are considered their parties’ presumptive nominees and have a clear desire to turn their attention to the general election.Biden, who is technically also still in the primary season, has also refused to debate several distant rivals for the Democratic nomination.Trump made his debate challenge on The Dan Bongino Show, NBC reported. Bongino is a conservative talkshow host who for years has boosted Trump as well as Republican conspiracy theories – all widely discredited – that the 2020 election was “rigged”.Also happening today is Nevada’s presidential primary, though its outcome is not expected to be a surprise, and its significance is not particularly big, as the Guardian’s Maanvi Singh reports:The first presidential primary election contest in the western US is underway in Nevada.Although Nevada has backed Democrats in every presidential election since 2008, it recently elected a Republican governor and remains a key swing state where slight changes in turnout could flip outcomes.After Joe Biden secured a victory in South Carolina’s Democratic primary over the weekend, he’s looking to build on his momentum in Nevada. More than 151,000 voters submitted early ballots, ahead of election day on Tuesday.Both Democrats and Republicans are holding presidential primaries on Tuesday, but the Republican competition will hold little meaning. The state’s GOP, which is led by a recently indicted fake Trump elector, will be allocating its delegates based on a separate caucus it is holding on Thursday, in which Donald Trump is the only major contender. Nikki Haley, who is running in the Republican primary but not in the caucus, is expected to grab a symbolic victory in the primaries, which her party is begrudgingly holding to comply with a state mandate.The two-track nomination scheme has been widely criticised as a confusing and cynical scheme to benefit the former president.Donald Trump’s strategy to get out of the charges brought against him for allegedly trying to overturn the 2020 election was dealt a blow when a federal appeals court turned down his argument that he is immune from prosecution because he was acting in his capacity as president. Trump’s campaign vowed to appeal the three-judge panel’s unanimous decision. Meanwhile, the bipartisan bill to approve military aid to Israel and Ukraine and also impose hardline immigration policies is on the verge of death. Republicans in the House and Senate are assailing the legislation, even though the party demanded it as their price to approve the military aid. In a speech at the White House, Joe Biden accused the GOP of “caving” to Trump, and vowed to campaign on the bill’s failure.Here’s what else is going on:
      House Republicans may not have the votes to impeach the homeland security secretary, Alejandro Mayorkas. A vote on the charges is expected later this afternoon.
      Trump’s allies in Congress are not pleased by the appeals court’s ruling against him.
      The judges who rejected Trump’s immunity claim said the former president was essentially arguing to make it impossible to hold presidents to account.
      Joe Biden closed his speech by again making his point that Republicans are undermining border security simply to benefit Donald Trump.“I understand the former president is desperately trying to stop this bill, because he’s not interested in solving the border problem. He wants a political issue to run against me on. They’ve all but said that, across the board, no one really denies that, that I’m aware of,” Biden said.He then vowed to turn the immigration bill’s fate into a campaign issue:
      I’m calling on Congress to pass this bill, get it to my desk immediately. But if the bill fails, I want to be absolutely clear about something: the American people are going to know why it fails.
      I’ll be taking this issue to the country. And the voters are going to know that it’s just at the moment we’re going to secure the border and fund these other programs, Trump and the Maga Republicans said no. Because they’re afraid of Donald Trump. Afraid of Donald Trump.
      Every day between now and November, the American people are going to know that the only reason the border is not secure is Donald Trump and his Maga Republican friends. It’s time for Republicans in the Congress to show a little courage, to show a little spine, to make it clear to the American people that you work for them, not for anyone else.
      Republicans demanded passage of immigration policy reforms in exchange for their votes to fund Ukraine’s military. But now the GOP is rejecting the immigration bill and there’s no apparent path for another round of funding for Kyiv, even amid reports that its military is rationing ammunition it needs to defend against Russia’s invasion.“If we don’t stop Putin’s appetite for power and control in Ukraine, he won’t limit himself to just Ukraine, and the costs for America and our allies and partners will rise,” Joe Biden warned in his speech.“For those Republicans in Congress who think they can oppose funding for Ukraine and not be held accountable: history is watching. History is watching. A failure to support Ukraine at this critical moment will never be forgotten.”After going through the immigration bill’s provisions, Joe Biden noted that he still wants to pursue historic Democratic priorities such as resolving the status of undocumented migrants already living in the United States, and people brought to the country as children.“Now, it doesn’t address everything that I want. For example, we still need a path of documentation for those who are already here. And we’re not walking away from true immigration reform, including permanent protections and a pathway to citizenship for young Dreamers who came here when they were children and who have been good citizens that contribute so much to our country,” the president said. “But the reforms of this bill are essential for making our border more orderly, more humane and more secure.”Most of the immigration bill’s provisions are hardline reforms demanded by Republicans, which have attracted opposition from immigrant rights groups. Nonetheless, the GOP has largely rejected the legislation.In his speech at the White House, Joe Biden accused Republicans of caving to Donald Trump’s wishes and opposing a bill to tighten immigration policy that the party had demanded.“All indications are this bill won’t even move forward to the Senate floor,” the president said.“Why? A simple reason: Donald Trump.”He continued:
      Because Donald Trump thinks it’s bad for him politically, therefore … even if it helps the country, he’s not for it. He’d rather weaponize this issue than actually solve it. So for the last 24 hours, he’s done nothing, I’m told, than reach out to Republicans in the House and the Senate and threaten them and try to intimidate them to vote against this proposal. It looks like they’re caving. Frankly, they owe it to the American people to show some spine and do what they know to be right.
      Joe Biden is expected to at any moment speak from the White House about the Senate’s bipartisan proposal to approve military aid to Ukraine and Israel while also enacting hardline immigration policies Republicans have demanded.All signs point to the president giving the bill its eulogy. The GOP is in open revolt against the legislation, and CNN reports that John Thune, the second-highest-ranking Republican in the Senate, expects it to be voted down on Wednesday:In an interview with MSNBC, Chris Murphy, the Democratic senator who was his party’s lead negotiator on the bill, seemed resigned to the bill’s imminent death:Elise Stefanik, the House Republican Conference chair who is widely viewed as a contender to be Donald Trump’s running mate, echoed his campaign’s talking points as she condemned the failure of his immunity claim.“The precedent set today by the DC Circuit’s decision means that future presidents who leave office will likely face politicized prosecutions by the opposing party,” Stefanik said in a statement.“The President of the United States must have immunity, like Members of Congress and federal judges, which is necessary for any presidency to function properly. I fully support President Trump’s efforts to appeal this unconstitutional ruling to the Supreme Court, where I expect a thoughtful decision to overturn this dangerous precedent.”Unsurprisingly, Donald Trump’s allies in Congress are attacking the unanimous appeals court decision denying him immunity from the federal charges brought against him for trying to overturn the 2020 election.Here’s Jim Jordan, the House judiciary committee chair and one of Trump’s best-known defenders:Without commenting on the decision, House speaker Mike Johnson condemned the prosecution as “lawfare”:As we await Joe Biden’s speech on the immigration and foreign aid bill, here’s the Guardian’s Hugo Lowell with a rundown of what we know about the appeals court’s decision in the foreign aid case, and how it may affect the start of his trial on election subversion charges:A federal appeals court on Tuesday rejected Donald Trump’s claim that he is immune from criminal prosecution on charges that he plotted to overturn the 2020 election results because it involved actions he took while president, declining to endorse such an expansive interpretation of executive power.The decision by a three-judge panel at the US court of appeals for the DC circuit took particular issue with Trump’s position that he could only be prosecuted if he had been convicted in a Senate impeachment trial first.“We cannot accept former President Trump’s claim that a president has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power,” the unsigned but unanimous opinion from the three-judge panel said.“At bottom, former President Trump’s stance would collapse our system of separated powers by placing the President beyond the reach of all three branches,” the opinion said. “We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.”The defeat for Trump technically returns the case and jurisdiction to the trial court. But the adverse ruling paves the way for Trump to seek further appeals that could delay for weeks or months the start of the 4 March trial date set by US district judge Tanya Chutkan in Washington. More

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      ‘Show a little courage’: Biden attacks Republicans for ‘caving’ to Trump on US-Mexico border security bill

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      Joe Biden urged Congress to pass the bipartisan border bill in a pointed speech on Tuesday, accusing Republicans of “caving” in to Donald Trump’s demands to block the legislation from advancing.“All indications are this bill won’t even move forward to the Senate floor. Why? A simple reason: Donald Trump. Because Donald Trump thinks it’s bad for him politically,” Biden said at the White House. “He’d rather weaponize this issue than actually solve it.”With an eye toward the presidential race, Trump has attacked the bipartisan deal on Truth Social as “nothing more than a highly sophisticated trap for Republicans to assume the blame on what the Radical Left Democrats have done to our Border, just in time for our most important EVER Election”.As of Tuesday afternoon, it appeared that more than 20 Republican senators were prepared to oppose the border bill, raising serious doubts about its passage.In his speech, Biden pledged he would make sure that Republicans received the blame if the bill does not pass, indicating he would spotlight the issue on the campaign trail.“The American people are going to know why it failed. I’ll be taking this issue to the country,” Biden said. “Every day between now and November, the American people are going to know that the only reason the border is not secure is Donald Trump and his Maga [‘Make America Great Again’] Republican friends. It’s time for Republicans in the Congress to show a little courage, to show a little spine, to make it clear to the American people that you work for them – not for anyone else.”Biden’s remarks came one day before the Senate is expected to hold a procedural vote on advancing the border bill, which will require 60 “yes” votes to receive approval. But even the bill’s greatest proponents have expressed doubts that it can advance.“I would anticipate Wednesday, the cloture vote does not pass,” Senator James Lankford, a Republican of Oklahoma who helped broker the deal, told reporters after a conference meeting on Monday. “People are saying, ‘Hey, I need a lot more time to be able to go through this.’”A number of senators have already indicated they will not support the bill. Hard-right Republicans argue that it does not go far enough to address the situation at the US-Mexican border, where arrests for illegal crossings have hit record highs.“The border deal is even worse than we thought,” Senator Mike Lee, a Republican of Utah, said on Sunday. “No one who cares about our border security should support it. It is a betrayal of the American people.”But progressive Democrats insist the bill, which has been described as the most severe set of changes to border policy in decades, is far too restrictive. Senator Alex Padilla, a Democrat of California and chair of the Senate judiciary subcommittee on immigration, citizenship and border safety, said on Monday that the bill amounted to “dismantling our asylum system while ultimately failing to alleviate the challenges at our border”.skip past newsletter promotionafter newsletter promotionThe $118bn bill would grant the president a new power to shut down the border when daily crossings pass a certain limit while also expediting the asylum review process, which could lead to a quicker deportation for many migrants. The bill would also provide $60bn in military assistance for Ukraine, $14bn in security assistance for Israel, and $10bn in humanitarian assistance for civilians affected by war in Ukraine, Gaza and the West Bank.Supporters of the bill have framed the legislation as vital for those US allies abroad, warning colleagues that inaction could trigger disastrous consequences around the world.“If we fail the Ukrainian people, then Vladimir Putin will likely succeed in his invasion of Ukraine. Putin will be emboldened, and western democracy will face the greatest threat it has seen in decades,” the Senate majority leader, Chuck Schumer, a Democrat of New York, said on Monday.But that argument has failed to sway the bill’s Republican critics, many of whom already oppose sending more money to Ukraine. Meanwhile, the House speaker, Republican Mike Johnson of Louisiana, is moving forward on Tuesday with a planned vote on a standalone bill to provide aid to Israel, but Biden has already threatened to veto that proposal.“It’s time to stop playing games with the world waiting and watching. And by the way, the world is waiting. The world is watching,” Biden said on Tuesday. “They are waiting to watch what we’re going to do. We cannot we can’t continue to let petty partisan politics get in the way of responsibility. More