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SACRAMENTO — A Republican running to replace former Speaker Kevin McCarthy (R-Calif.) has sued to block McCarthy’s chosen heir from the ballot, plunging the race for the outgoing congress member’s seat into further uncertainty.

The lawsuit from far-right candidate David Giglio reflects a highly fluid situation in California’s 20th congressional district, where McCarthy’s decision to resign at the end of the year has launched a messy succession fight that reflects the Republican fractures that cost him the speakership.

Assembly member Vince Fong initially said he would not run for McCarthy’s seat and filed for re-election. But after Republican state Sen. Shannon Grove surprised observers by passing on a Congress bid, Fong reversed course and entered the House contest with McCarthy’s blessing.

That has pushed Fong into uncertain legal territory. The California secretary of state’s office said in a statement that “no withdrawal is allowed” and candidates cannot run for two seats at once but subsequently appeared to soften that stance, telling a reporter that the “unusual circumstances” merited closer review.

Giglio’s lawsuit similarly contends that Fong is barred from running for Congress. The candidate slammed McCarthy’s bid to elevate his successor in language that echoed conservative Republicans who pushed him out of the speakership.

Giglio, a Donald Trump-aligned conservative who was already challenging McCarthy from the right before his retirement, framed Fong’s run as an attempt by “McCarthy, spineless RINOs, and special interest groups” to “steal another deep red seat from President Trump and MAGA.”

“Former Speaker McCarthy and Mr. Fong’s misguided actions are yet another example of the corrupt Washington cartel acting outside the boundaries of the law,” Giglio said in a statement.

Representatives for Fong’s campaign and for the secretary of state’s office did not immediately respond to requests for comment.

Hunter Biden showed up on Capitol Hill on Wednesday but said he planned to testify in a public hearing, escalating a standoff with GOP investigators.

President Joe Biden’s son has insisted, through his attorney, that he wants to testify publicly and not in a private meeting. Oversight Chair James Comer (R-Ky.) has denied that request, demanding Hunter Biden sit for a closed-door deposition Wednesday.

“I’m here today to answer at a public hearing any legitimate questions Chairman Comer and the House Oversight Committee may have for me,” Hunter Biden told reporters.

“Republicans do not want an open process,” he added.

The two Republicans leading the investigation — Comer and Judiciary Chair Jim Jordan (R-Ohio) — have threatened to start contempt of Congress proceedings against Hunter Biden if he did not appear for the deposition.

With the House leaving town this week until January, that expected fight is likely to drag into next year. And Comer and Jordan need near unanimity among the House GOP to ultimately hold the younger Biden in contempt of Congress, though even if they clear that hurdle, there’s no guarantee the Justice Department would ultimately decide to prosecute him.

It was unclear even into Wednesday morning whether Hunter Biden would appear for the deposition. GOP investigators subpoenaed Hunter Biden in November for a closed-door meeting, but his attorney, Abbe Lowell, responded that the president’s son was willing to testify in a public hearing.

House Republicans countered that they would videotape the deposition and quickly release a transcript of the interview, in a failed bid to assuage Lowell’s concerns that Hunter Biden’s testimony would be selectively leaked or mischaracterized. Democrats have criticized Comer, in particular, for not releasing transcripts for several closed-door interviews and rejecting Hunter Biden’s offer to interview publicly.

“What the Republicans fear most is sunlight and the truth,” said Rep. Jamie Raskin (D-Md.), the top Democrat on the Oversight Committee.

In addition to Hunter Biden, GOP investigators have subpoenaed several individuals including James Biden, Joe Biden’s brother, and Rob Walker, a Hunter Biden business associate. Republicans have said lawyers for both are in talks with committee staff. They’ve also requested voluntary interviews with other family members.

But Republicans view Hunter Biden as a top target in their sweeping impeachment inquiry aimed at the president. The House is expected to vote as soon as Wednesday to formalize that inquiry, which was launched back in September.

Top Republicans believe only one GOP member will vote no on that: retiring Rep. Ken Buck (R-Colo.). They’ve managed to chip away at opposition from centrists and vulnerable Republicans in Biden-won districts.

Formalizing the inquiry is expected to give Republicans more legal power as they look to enforce their demands for documents and interviews. Though the White House has defended its level of cooperation with the investigation, officials have also pointed back to a Trump-era Justice Department opinion to argue that the inquiry, and subpoenas stemming from it, lack legitimacy without a formal vote to legitimize.

Republicans’ top potential legal targets include two Justice Department tax officials and a former White House counsel, each of whom they’ve requested interviews with. But Comer added that he believed the resolution could also help with their ongoing battle with Hunter Biden, noting that his counsel had previously “implied that this wasn’t a legitimate investigation.”

House Republicans are scheduled to vote Wednesday to formalize their impeachment inquiry into President Joe Biden. And behind closed doors, the Hill will wait and see if Hunter Biden appears at a deposition central to the House’s probe.

The impeachment inquiry vote is an attempt by House Republicans to give their probe stronger legal standing as they demand information from the White House and enforce subpoenas.

“We’re not making a political decision. It’s a legal decision,” Speaker Mike Johnson told reporters Tuesday.

Earlier this year then-Speaker Kevin McCarthy was trying to have it both ways, announcing an impeachment probe to satisfy the conference’s right flank, but not holding a vote as Republicans in swing districts squirmed.

But many of those swing district Republicans, some in districts Biden won handily, are behind the effort now. And as of Tuesday evening, it appears Johnson will have the votes to make the Biden probe official.

Colorado’s Ken Buck is the only House Republican on the record opposing Wednesday’s vote to formalize the Biden probe and give the House more authority to seek documents and testimony.

As for Hunter’s deposition, it isn’t yet clear if he will show up. His lawyers have told the House Oversight Committee that he would cooperate, but that he also wanted to testify publicly. If he no-shows Wednesday, he is expected to face an effort to hold him in contempt of Congress for defying a subpoena.

Supplemental state of play: On Tuesday night, Senate leaders Chuck Schumer and Mitch McConnell met with negotiating senators Chris Murphy (D-Conn.), James Lankford (R-Okla.) and Kyrsten Sinema (I-Ariz.), along with Homeland Security Secretary Alejandro Mayorkas and White House officials, including deputy chief of staff Natalie Quillian.

The meeting, which marked some of the most robust and visible involvement from the administration so far, followed comments from McConnell saying it would be “practically impossible” for Congress to pass legislation to boost aid to Ukraine and make significant border policy changes by the end of the year.

The meeting is unlikely to change the calculus on getting a deal by the end of this week when the House is set to leave for the year, but signals the eagerness by the White House to make progress and cut a deal.

Josh Hawley said in an interview he’s endorsing former President Donald Trump in the 2024 GOP primary, becoming the 18th Senate GOP backer of the former president.

The Missouri Repubican has already said he believed Trump’s renomination by the GOP was inevitable but had not made it official. Then, over the weekend, Trump said Hawley and Sen. Ted Cruz (R-Texas) should be “very careful” in their reelection races: “Stranger things have happened.”

“President Trump doesn’t need to worry. I’m with him. He’s asked me several times to support him. I said yes. And I’ve been saying for a year that I think he’s gonna be the nominee. I support him. I’m gonna vote for him,” Hawley said. “Don’t worry — you can put me down as support, endorsed, stand with.”

Top Biden administration officials are scrambling to keep border talks alive as a deal with Senate Republicans over Ukraine funding has grown increasingly elusive, four people familiar with the talks said.

White House chief of staff Jeff Zients and Department of Homeland Security Secretary Alejandro Mayorkas have both been heavily involved in the eleventh-hour Hill engagement, according to two of the people. Mayorkas, White House deputy chief of staff Natalie Quillian and Shuwanza Goff, director of the White House office of legislative affairs, on Tuesday afternoon met on the Hill with Senate negotiators — Sens. Chris Murphy (D-Conn.), Kyrsten Sinema (I-Ariz.) and James Lankford (R-Okla.) — as well as staff from the offices of Senate Majority Leader Chuck Schumer and Minority Leader Mitch McConnell.

The White House is “hustling,” said one of the people who, like the three others, was granted anonymity to discuss private conversations. “They’re pretty desperate at this point.”

Among the ideas under consideration, according to two of the people, is a version of Title 42-like expulsion authorities and a nationwide expansion of the process known as expedited removal, which allows the government to deport anyone unable to establish a legal basis. In addition, conversations have centered on including a mandatory detention policy until migrants can be placed into expedited removal proceedings, as well as changes to the credible fear standard, which would ultimately deny more migrants the opportunity to apply for asylum.

People both on the Hill and the administration cautioned that talks were fluid. They also warned that no specific policies have been agreed to and simply because an idea was under consideration didn’t mean it would be included, let alone presented, as a Democratic-authored proposal.

“The White House has not signed off on any particular policy proposals or final agreements, and reporting that ascribes determined policy positions to the White House is inaccurate,” said a White House spokesperson. “The President has said he is open to compromise and we look forward to continued conversations with Senate negotiators as we work toward a bipartisan package.”

But the people involved in the negotiations also noted that the White House is eager to see a deal cut. And if the policies under consideration do move forward, it would be viewed as major reversals by the Biden administration.

Few think a deal this week is possible, though negotiators hope to keep the talks alive into the new year. But the last-ditch effort speaks to the level of urgency facing the White House as President Joe Biden pushes Congress to deliver more aid for Ukraine in a package now tied to border policy.

On Tuesday, Lankford said the White House ramped up talks with him Monday night, after he suggested earlier in the day that “there’s no time” to finish a deal.

“Not the first that I’ve talked to them, but the first time we’ve talked about anything serious policy,” he said.

The potential counteroffer comes as Biden hosted Ukrainian President Volodymyr Zelenskyy at the White House on Tuesday. Zelenskyy first spoke directly to senators Tuesday morning in an effort to pressure Congress, where a deal to deliver emergency aid to his country has reached an impasse over border issues.

Murphy on Monday said the White House was getting more “involved in these discussions” but noted the House is set to leave Thursday — restricting an already tight timeline for the negotiators to find common ground.

Even if senators agree to move forward on policies under discussion, such changes to the immigration system would still have to be formalized into actual legislative text. There would also be implementation challenges: On mandatory detention, there is not enough capacity or resources for an operation of this scale, unless massive camps are set up at the border. Even in this case, the Flores settlement from the 1993 SCOTUS ruling would prohibit children from being detained for longer than 20 days.

It also remains unclear if any deal reached in the Senate would have the necessary support in the House.

Republicans, going further last week, offered a list of Trump-era border restrictions in their latest proposal, including several policies Democrats have denounced. Republicans continue to push on class-based “parole,” a key tool the administration has used to create legal entry pathways and manage the influx at the border. This policy has so far appeared to be a red line for the White House.

GOP senators also proposed a policy to set metrics for automating a border shutdown — halting U.S. acceptance of migrants if border numbers hit a certain level.

Jennifer Haberkorn and Burgess Everett contributed to this report. 

House Republicans almost certainly have the votes needed to formally launch an impeachment inquiry into President Joe Biden this week.

Nearly all GOP members either plan to or lean towards supporting a vote to formalize their investigation into the Democratic president and his family’s business dealings, according to a POLITICO whip count, while all House Democrats are expected to unanimously oppose.

It was a tricky whip operation for Speaker Mike Johnson, who can only afford to lose three GOP votes assuming full House attendance. The Louisiana Republican, top investigators and his leadership team worked to win over Republicans in battleground districts who for months had been loath to support such a vote but, so far, only one GOP lawmaker seems likely to oppose the resolution to greenlight the inquiry on Wednesday.

Of course, the inquiry itself has actually been going on for months. And while Republicans have poked holes in the president’s previous statements, they haven’t found direct evidence that Joe Biden took actions as vice president or president to benefit his family’s business deals. But a new argument — which has swayed many centrists — has cropped up for formalizing the inquiry: The GOP needs such a vote to give more legal weight to their subpoenas and demands for records.

Some centrists pointed to a variety of factors that have shifted their thinking:

They believe investigators have found enough evidentiary string that is worth following.
They note the White House issued a letter arguing GOP subpoenas for documents and interviews are invalid without a vote (based on a Trump-era opinion). 
Some acknowledge that they didn’t want to be the members blocking the GOP from taking this step. 

“When the White House attorneys basically said they were no longer going to cooperate with us, unless we actually raised our status, what did they think was going to happen?” said Rep. David Schweikert (R-Ariz.), who represents a district Biden won in 2020, adding that he would have been “more contemplative” about his vote if they had not been so “in your face” with the letter.
Rep. Don Bacon (R-Neb.), another battleground Republican, added that he was previously a “no” vote but “the White House gives us no other option.”

The White House has defended its position, arguing it has cooperated with a tranche of Republicans’ document and interview requests. But Biden administration officials also argued, in a recent letter to GOP investigators last month, that the inquiry lacked legitimacy without a vote — basing that on a Justice Department memo from the Trump years. At the time, the memo was pushing back on then-Speaker Nancy Pelosi’s (D-Calif.) decision to launch an impeachment inquiry against Trump without initially holding a vote for it.

It wasn’t just Biden-district Republicans who were on the fence as recently as last week.

Rep. David Joyce (R-Ohio), who hadn’t made a decision as of last week, said Tuesday that he would support formalizing the inquiry and that it would allow Republicans to make “intelligent decisions” about any next steps.

“This allows the process to continue to move forward — allows evidence one way or another,” he said.

And the White House’s stance appears to have frustrated even the House Republican viewed as most likely to oppose the inquiry resolution: Rep. Ken Buck (R-Colo.).

“It’s nonsense. It’s not a valid reason,” he said on Tuesday about the White House letter, while adding that he is still a “lean no” in terms of formalizing the probe.

“So on one hand I’m frustrated,” added the retiring Colorado gadfly. “But on the other hand I still don’t see evidence that links Joe Biden to Hunter Biden.”

The House has passed legislation, 403-20, to allow hunters to show their duck stamps, which effectively permit them to hunt migratory birds, on their phones, sending the bill to President Joe Biden’s desk for his signature.

It comes as consumers increasingly use their phones to show proof of purchase for all sorts of items, like concert and airline tickets. But it’s hardly the first time the U.S. government has failed to adapt in real-time to evolving technology, like smart phones.

The legislation, led by Sen. John Boozman (R-Ark.), cleared the Senate unanimously in late July. Funds generated through the sales of the stamps go directly toward wildlife conservation.

House Republicans are reeling after punting yet another high-priority bill until next year, wracked by bicameral and intraparty divisions over how to rein in controversial government surveillance powers.

Speaker Mike Johnson has officially delayed votes on competing proposals to reauthorize and overhaul a foreign intelligence surveillance authority known as Section 702, as POLITICO first reported on Monday night.

The Louisiana Republican now has to hope that more time will help the party find a path forward after the GOP chairs of the Intelligence and Judiciary panels openly clashed over their disparate visions for changing the surveillance program.

Section 702 allows the government to monitor foreign targets as part of its intelligence data collecting but has become a political flashpoint because of its potential to sweep up communications of U.S. citizens. House Republicans have added an extension of the existing program until mid-April to their sweeping defense policy bill, the National Defense Authorization Act, which is set for a floor vote this week.

“I don’t think we can make a mistake. I think we’ve got to do it right. And so we’re going to allow the time to do that,” Johnson told reporters of the impasse over surveillance powers.

“Democracy is messy sometimes, but we have to get it right … sometimes it takes more time than we would like,” he added.

He had been expected to tee up dueling bills for Tuesday, but that plan unraveled after his right flank threatened to bottle up any debate on them. The tension boiled over on Monday night, when Judiciary Committee Chair Jim Jordan (R-Ohio) and Intelligence Committee Chair Mike Turner (R-Ohio) sparred over their proposals.

Turner charged that the Judiciary bill was laden with provisions from Rep. Jerry Nadler (D-N.Y.) — who helped Rep. Andy Biggs (R-Ariz.) craft it —and that it would make it harder to investigate human trafficking and related activities.

Rep. Warren Davidson (R-Ohio), an ally of Jordan, pushed back hard on that argument.

“The purpose of [the Foreign Intelligence Surveillance Act] is to spy on foreigners. So you can spy on foreigners without limitations, the limitation is for American citizens if you get a warrant. They basically want to be like a police state where you keep not getting a warrant,” Davidson told reporters as he left the Monday night meeting.

During Tuesday’s closed-door conference meeting, Johnson said he would create a group of members to help iron out differences between the two bills — with the chairs of both warring committees expected to participate — according to one lawmaker in attendance, granted anonymity to talk about the private discussions.

This lawmaker added that Johnson’s idea was not universally well-received.

Johnson also told fellow Republicans that delaying the surveillance debate until April gives them space to tackle other upcoming deadlines, like government funding that expires in January and February.

Jordan, Turner and three Republicans on both of their panels negotiated behind the scenes for months to try to reach agreement. But their bills ultimately diverged significantly, including over when a warrant should be required for searching data that the program collects for information on Americans.

And Johnson did not insert himself into the raging debate, which fueled frustrations among colleagues who suspected he was trying to avoid political blowback rather than making a firm decision. Republicans are already urging him to take a more assertive approach if the two committees aren’t able to work out a deal next year

Some GOP lawmakers who support the Intelligence panel’s bill even discussed various ways to make trouble for leadership in response to the stalled surveillance debate, including blocking the Judiciary bill from the floor or even opposing this week’s impeachment inquiry resolution, according to two Republicans familiar with the discussions who were also granted anonymity.

But Republican critics of Johnson’s handling of the matter have since abandoned that talk.

Katherine Tully McManus contributed reporting.

Speaker Mike Johnson doesn’t plan to hold the House in session close to Christmas, despite dissatisfaction with how plans to tie together border security support and aid to Ukraine are shaping up.

“I think the American people agree with us that national security begins at our own borders,” Johnson told radio host Hugh Hewitt on Tuesday. “We have to maintain our own sovereignty, so that we can project peace through strength and help our friends. And so I don’t think that’s an outrageous request.”

There is increasing doubt that lawmakers can reach a compromise on the dual Ukraine funding and border policy issues by the end of the year.

“Here we are on the eve, virtually, of Christmas and the end of the year, and the White House, as we talk this morning, has not moved in our direction on that issue,” Johnson said. “And I’ve told them very clearly where we stand.”

Johnson said Tuesday morning that he wanted more oversight of the aid to Ukraine and a stronger policy framework and objectives for the financial backing of the fight against Russia’s Vladimir Putin. He also wants the White House and Democrats to agree to “transformational” policy changes on the southern border.

Without significant progress, Johnson said he doesn’t plan to extend the House’s session into next week.

“I don’t know what else to do. I’m not going to have everybody sit here through Christmas twiddling their thumbs.”

Senate Majority Leader Chuck Schumer said he asked Johnson on Monday to consider the House staying for another week. “Last night, I got on the phone with Speaker Johnson and urged him to keep the House in session to give a supplemental a chance to come together,” Schumer said.

“You know, we’re willing to work,” Johnson said. “The House members will work. We’ve shown that over and over and over, but we’re not getting any cooperation from the White House and the Senate Democrats at all.”

Anthony Adragna contributed.