A Texas lawsuit is aiming to require Planned Parenthood to return millions of dollars in Medicaid payments for health services and even more money in fines.

A hearing was set for Tuesday in front of U.S. District Judge Matthew Kacsmaryk as the state seeks to recoup at least $17 million from nation’s largest abortion provider, according to The Associated Press. Earlier this year, Kacsmaryk invalidated FDA approval of the abortion pill mifepristone.

The case against Planned Parenthood does not center around abortion, which has been banned in Texas with exceptions for risk to the mother’s life since the Supreme Court overturned Roe v. Wade last year.

Planned Parenthood claims the lawsuit is a new effort to weaken the organization after years of laws from Republicans that pulled funding and restricted how its clinics operate.

The organization received money for health services before it was removed from Texas’ Medicaid program in 2021. The state had started attempting to remove Planned Parenthood four years earlier and now seeks repayment for services billed during that time.

‘This baseless case is an active effort to shut down Planned Parenthood health centers,’ Planned Parenthood Federation of America president Alexis McGill Johnson said.

Texas filed the lawsuit under the federal False Claims Act, which allows fines for every alleged improper payment. According to Planned Parenthood, this could result in a judgment in excess of $1 billion.

The lawsuit was brought last year by Republican Texas Attorney General Ken Paxton, who is temporarily suspended from office as he awaits an impeachment trial next month over allegations of bribery and abuse of office.

Last year, Paxton said it was ‘unthinkable that Planned Parenthood would continue to take advantage of funding knowing they were not entitled to keep it.’

Planned Parenthood has roughly three dozen clinics in Texas, but one closed following the historic SCOTUS ruling that allowed states to make their own laws regarding abortion access.

Former federal prosecutor Jacob Elberg, who specialized in health care fraud, said he believes Texas’ case is weak, adding that the federal False Claims Act is the state’s most powerful tool against health fraud.

Other cases involving this law in recent years were brought against a health records company in Florida, which paid $45 million to resolve allegations of improperly generating sales, and a Montana health clinic that submitted false asbestos claims.

Elberg, now the faculty director at Seton Hall Law School’s Center for Health & Pharmaceutical Law, said it is difficult to understand how Planned Parenthood was knowingly filing false claims while it was in court fighting to stay in the program and Texas was still paying the reimbursements.

‘This just isn’t what the False Claims Act is supposed to be about,’ Elberg said.

The Associated Press contributed to this report.

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Los Angeles’ controversial zero cash bail policy is to blame for the recent surge in smash and grab robberies across the city, according to the union representing LAPD officers.

‘The elimination of cash bail for these types of offenses is really an invitation to these kind of folks who are inclined to break the law and inclined to do it so brazenly, to push them over to say, ‘hey, if I was to get caught, I’m going to be right back out again,” Los Angeles Police Protective League spokesperson Tom Saggau told Fox News Digital. 

Zero cash bail, also known as no-cash bail or zero-dollar bail, refers to individuals who are arrested and charged with a crime then released from custody without having to pay any bail money upfront. 

The policy was first rolled out in LA during the height of the COVID-19 pandemic to decrease jail crowding. It was terminated in July 2022, but a judge reinstated the policy in May after a class action lawsuit was filed by recent arrestees who couldn’t afford to pay bail and had to remain in custody for a few extra days. 

The consequence of the policy has led to more smash and grab robberies across the city, law enforcement officials say, and suspects become repeat offenders when incidents are charged as misdemeanors. This was evident in the recent ‘flash mob’ robbery at a Topanga mall’s Nordstrom over the weekend, Saggau said. 

It marked the second organized retail theft of an LA establishment within just one week.

‘What we’re seeing in Los Angeles is that very high-end items [are stolen] because there is just a huge resale market for them,’ he said. ‘It’s really difficult for a short-staffed police department to track all those types of things down.’

‘Those folks need to be held accountable in a way that they’ve got to forfeit their freedoms, and that’s what they choose to do when they break the law or the manner in which they do,’ he added.

LAPD Chief Michel Moore, who has been struggling to recruit more officers as the department shrunk to less than 9,000 officers this year, also criticized the policy earlier this month during a hearing. 

‘I do believe that bail acts as a general deterrence,’ Moore testified alongside LA Sheriff Robert Luna, Courthouse News Service first reported. ‘It creates consequences. You face a risk of being incarcerated as a punishment.’

Luna, who was elected last year and replaced Alex Villanueva, said when people are released immediately due to zero cash bail, it ‘negatively impacts the credibility of our justice system.’

Since zero bail was reinstated by the court, Luna said the county department arrested 1,573 people, 226 of whom were released and rearrested for committing other crimes once released.

‘That’s concerning,’ Luna said. ‘There’s individuals here that have been released on zero bail then turned around and committed murder, in the last several weeks.’

LAPD officers are still searching for the 20 to 30 suspects who ransacked between $60,000 and $100,000 worth of merchandise from Nordstrom on Saturday. If suspects are caught, however, it’s unclear how hard of a sentence progressive District Attorney George Gascón will hand out. 

‘He’s comfortable with a stern talking to a warm hug and milk and cookies before some of these crooks go to bed,’ Saggau said of Gascón. ‘It’s the worst type of appeasement, and it’s unfortunate, but I know that the folks that are working to try and capture these criminals.’

Steve Cooley, LA’s former DA from 2000 to 2012, agreed with Saggau. He said Gascón usually brings sentences down to ‘the least common denominator,’ but he could bring a harsher sentencing for the Nordstrom ransacking given its high profile. 

‘They should have enhanced and greatly-increased bail for these suspects,’ Cooley told Fox News Digital. ‘They should be doing search warrants for the homes of the suspects to find the stolen property that probably came from other smash and grab mob robberies.’

These kind of ‘flash mob robberies,’ Cooley added, are a new phenomenon. He also blames zero cash bail for their rise to popularity in the Golden State. 

‘They did not exist when I was district attorney,’ he said.  

Gascón’s office provided a statement to Fox News Digital:

‘The brazen organized retail thefts that have been reported in Glendale and Topanga are unacceptable, outrageous and harm our entire community. My office is in contact with the Los Angeles and Glendale police departments, and have offered the support of our Organized Crime Division and Bureau of Investigation. We will continue to work collaboratively with our law enforcement partners to hold the individuals involved with these crimes accountable.’

Organized retail theft has caused more than $100 billion in product losses across the U.S., according to a 2022 National Retail Security Survey. 

Georgia officials announced on Monday that security gates around the state’s Capitol will be closed starting Tuesday in anticipation of protests following the indictments of former President Trump and others.

‘In anticipation of potential protests occurring as a result of high-profile indictments expected later this week, [Georgia Building Authority] will be closing the security gates around the Capitol for an undetermined period of time,’ the announcement read. ‘The duration and intensity of any protests will dictate how long the gates will remain closed.’

The announcement also noted that the gates would be closing sometime during business hours on Tuesday, and the closing could last for several days.

Last week, security was ramped up outside the Fulton County courthouse in Georgia, with the street outside the courthouse closed off with barriers.

Multiple police agencies and a bomb-sniffing dog for media vehicles were also outside the courthouse, according to reports.

The closures from last week were expected to be in place through Aug. 18.

Fulton County District Attorney Fani Willis is investigating Trump for his efforts to overturn Georgia’s 2020 election results, and she indicated she would make an announcement sometime this month.

The DA told area judges and law enforcement in May that she planned to present her case to a grand jury in the first half of August.

If the grand jury hands down an indictment, it will be the fourth for Trump and the second related to the 2020 election.

The former president currently faces charges for making hush payments to a porn star, mishandling classified documents, and attempting to overturn the 2020 election in Washington, D.C.

Anders Hagstrom of Fox News Digital contributed to this report.

Navy Admiral Lisa Franchetti is the first woman to lead a military branch in an acting capacity under the Defense Department, following a ceremony at the U.S. Naval Academy on Monday. 

President Biden nominated Adm. Franchetti to serve as chief of naval operations in July, but Franchetti will serve in an acting capacity until officially confirmed by the Senate. If confirmed, Franchetti would be the first woman to serve on the Joint Chiefs of Staff.

Franchetti is now one of 300 military officers whose nominations are held up in the Senate following a hold from Alabama Republican Sen. Tommy Tuberville. The U.S. Navy is the third branch without a Senate-confirmed leader, following the ‘relinquishment of office’ ceremony for Chief of Naval Operations Adm. Michael Gilday at the Naval Academy in Annapolis, Maryland, on Monday. 

Gilday’s relinquishment followed both the retirement and relinquishment from Army Chief Gen. James McConville earlier this month and then-Commandant of the Marine Corps David Berger in July.

Tuberville’s hold is over the Pentagon’s post-Dobbs abortion policy, established earlier this year. The Pentagon’s new policy pays for the travel and time off service members must take to receive abortions if the state where they are stationed does not allow the procedure. Defense Secretary Lloyd Austin and Joint Chiefs of Staff Chairman Gen. Mark Milley have both called Tuberville’s hold a national security concern.

‘This is unprecedented. It is unnecessary, and it is unsafe, and this sweeping hold is undermining America’s military readiness,’ Austin said in his remarks Monday.

During the relinquishment of command, Franchetti read, ‘When there is a vacancy in the office of the chief of naval operations, the vice chief of naval operations shall perform the duties of the CNO until its successor is appointed.’

Tuberville’s office responded Monday by saying the senator was ‘not blocking votes — he’s forcing votes.’

On Aug. 2, Austin issued a memo on how the military could ‘mitigate the disruption’ of the hold. One way would be by having military leaders postpone retirement; another would see military leaders in acting capacities fulfilling their old roles at the same time, essentially doing two jobs at once.

The now-retired Gilday spoke to Franchetti’s qualifications for the job. 

‘She is a war fighter with combat experience. She’s an operational leader. She’s a strategist. She’s an innovator. She’s a team builder. She’s a trailblazer. She’s an example of personal and professional resilience and a testament to the power of the American dream to inspire service and sacrifice,’ Gilday said.

Navy Secretary Carlos Del Toro said it’s ‘well past time’ for the Senate to address the outstanding nominations.

‘The American people deserve to have their best military leaders in place, and in our Department of the Navy that includes a confirmed chief of naval operations and commandant of the Marine Corps,’ Del Toro added.

Tuberville’s office earlier this month pointed out that the hold ‘does not prevent anyone from being confirmed.’

It would take more than 650 hours to confirm all 300-plus officers if the Senate were to vote one-by-one.

Franchetti was commissioned in 1985 and served as the commander of U.S. Naval Forces Korea, director of Strategy, Plans and Policy for the Joint Chiefs of Staff and chief of naval operations for warfighting development; she also led two carrier strike groups. Just several weeks into leading the U.S. 6th fleet, Franchetti oversaw the first-ever Tomahawk missile strike by a Virginia-class submarine. She became the vice chief of naval operations in 2022.

Franchetti has received the Defense Distinguished Service Medal, Distinguished Service Medal, Defense Superior Service Medal (two awards), Legion of Merit (five awards), Meritorious Service Medal (five awards), Navy and Marine Corps Commendation Medal (four awards) and the Navy and Marine Corps Achievement Medal (two awards), according to her official bio.

The Joint Chiefs chairman is another position that could go unfilled when the current chairman, Gen. Mark Milley, retires, if Tuberville continues the hold. Milley is expected to retire in October when his term comes to an end.

Fox News’ Aishah Hasnie contributed to this report.

The Nevada GOP says that it will hold its 2024 Republican presidential caucus on Feb. 8 of next year.

But Republicans in the crucial early voting state a may be able to cast ballots twice in the race for their party’s presidential nomination.

The Nevada Republican Party’s announcement on Monday of the date of their ‘First in the West’ caucus means that the state will likely vote third in the GOP’s presidential nominating calendar.

The Iowa Republican Party earlier this summer announced that their caucuses are scheduled for Jan. 15. And the convention wisdom is that New Hampshire will hold its presidential primary eight days later, on Jan. 23.

South Carolina in recent cycles has held the third contest in the GOP calendar, but the Palmetto State’s Republican Party announced in June that their 2024 presidential primary will be held on Feb. 24 of next year.

The Nevada GOP’s Feb. 8 caucus will be held just two days after the state conducts a presidential primary election. Nevada’s Democratic controlled legislature passed a bill last year – which was signed into law by then-Democratic Gov. Steve Sisolak – that changed the state’s presidential contest from a caucus to a primary and set the date for Feb. 6, 2024.

The Nevada GOP unsuccessfully challenged the new state primary in court. But the judge, in ruling against the state Republicans, said that the Nevada GOP does not have to bind its presidential delegates to the results of the primary – and could still hold a caucus.

That means there may end up being two back-to-back Republican presidential nomination contests in Nevada – but only one would count towards the GOP nomination.

The Republican National Committee has set an Oct. 1 deadline for states to inform the committee of their plans for electing, selecting, allocating, and binding delegates.

The most recent Nevada GOP presidential caucus was conducted in 2016. No caucus was held in 2020, as the state Republican Party decided to allocate all of its delegates to then-President Donald Trump.

White House press secretary Karine Jean-Pierre fumbled both Hawaiian senators’ names and referred to female Democrat Sen. Mazie Hirono as a ‘he.’

The gaffes come one day after President Biden declined to comment on the rising death toll in Maui following the devastating wildfires that have left nearly 100 Americans dead.

‘Sen. Horino (sic), who I’ve said the president spoke to just last night,’ Jean-Pierre said. ‘He thanked the president for the immediate support the federal agencies have delivered for residents of Hawaii.’

WATCH:

‘And so has Sen. Schwartz, (sic)’ she added.

The two Hawaiian senators are Hirono and Democrat Sen. Brian Schatz.

At the same briefing, Jean-Pierre said the president and first lady Jill Biden are ‘praying’ for the victims of the Maui wildfires a day after the president declined to comment on the tragedy.

During Monday’s press briefing, Jean-Pierre said the president and his wife were sending prayers to the victims of the Maui wildfires that leveled the town of Lahaina.

‘As the president said last week that he and the first lady are praying for families who are grieving their loved ones and for everyone who has suffered devastating losses of land and property as a result of the wildfires in Maui,’ Jean-Pierre said.

‘The president continues to stay closely engaged with his team and state and local officials to ensure a robust, whole-of-government response continues,’ she added.

Jean-Pierre said the president has been in contact with FEMA Administrator Deanne Criswell and state and local officials since Sunday night.

The spokesperson’s claim comes in contrast to the president’s declining to comment while on a Delaware beach on Sunday.

In response to a request for comment, the White House pointed to positive comments about the federal government’s response on Sunday from Hawaii Gov. Josh Green, who told MSNBC that he was ‘honored to have the president jump to it so fast.’ 

‘President Biden has mobilized and led a whole-of-government response to the wildfires in Hawaii from the beginning, working closely on it and receiving detailed briefings every day since,’ a spokesperson told Fox News Digital.

‘Yesterday he received two updates from FEMA Administrator Criswell while she was on the ground. As Gov. Green stressed yesterday, within six hours of receiving Hawaii’s request, President Biden signed a Major Disaster Declaration and ordered all available federal resources in the state to help with the response. Gov. Green described this as having provided ‘amazing support for recovery.’ Sen. Hirono also thanked President Biden for the immediate support federal agencies have delivered for the residents of Hawaii, as has Sen. Schatz. Like President Biden said on Thursday, ‘I’ve directed that we surge support to these brave firefighters and first responders and emergency personnel working around the clock[…] I’m going to make sure the state has everything it needs from the federal government to recover.”

White House officials also said Sunday that Biden was briefed by FEMA Administrator Criswell on the situation in Maui. The president posted an update late Monday morning.

Fox News Digital’s Hanna Panreck contributed reporting.

Vermont Sen. Bernie Sanders steering campaign money to a nonprofit founded by two of his close family members raises ‘legitimate concern,’ according to a watchdog.

Fox News Digital reported last week that the independent senator in January and March transferred $200,000 in donor cash to the Sanders Institute, which his wife, Jane O’Meara Sanders, and stepson, David Driscoll, co-founded in 2017.

The Sanders Institute appears to perform minimal work while paying out six figures in salary and other compensation to Driscoll, according to its most recent tax forms from 2021.

‘The facts present in this case and the family ties involved certainly raise legitimate concern,’ Kendra Arnold, executive director of the Foundation for Accountability and Civic Trust, told Fox News Digital. ‘Obviously, a senator is not allowed to use his campaign to simply transfer large sums of money to family members — regardless of the route the dollars take.’

‘While on its face the percentage the nonprofit paid out in salary alone is not necessarily problematic, legally the issue hinges on whether the salaries were paid for bona fide services at fair market value,’ Arnold said. ‘In other words, if the nonprofit and its executive director are truly producing work and actually earning the money, it is not illegal, but it is frowned upon. On the other hand, if nothing or very little is being done to legitimately earn the money, then it is highly likely a serious campaign finance violation has taken place.’

It’s unclear precisely what the nonprofit has accomplished. In its 2021 tax forms, the Sanders Institute reported dropping $159,885 into developing The Timeline Project, which it described as a ‘policy-focused resource based on Bernie Sanders’ work over four decades’ that would be one of the ‘key pilars [sic] of the website.’

That expense, however, appears never to have transpired. The website does not contain anything along the lines of ‘policy-focused resource’ as described in its documents.

The institute also reported disbursing nearly $89,000 for a news website, a matching amount for social media and content creation, and $17,765 for a gathering that never occurred due to the pandemic. 

But despite the content creation costs, many of the blog posts on its website are primarily taken from and credited to other sources. Its YouTube page has uploaded just two short videos this year. Its profile on X, formerly Twitter, also mostly appears to push external news articles and opinion pieces from its fellows.

The Sanders Institute also did not identify sending any grant money to other liberal groups in its most recent tax documents despite Jane Sanders saying its purpose was to ‘revitalize democracy in the support of progressive institutions’ at its launch. 

Meanwhile, Sanders’s most recent cash transfers were not the first to his wife and stepson’s institute. In 2021, his presidential committee sent $350,000 to the nonprofit, according to federal filings. The funds accounted for nearly half the $716,000 in donations the group raised that year, while Driscoll collected $152,653 in compensation. 

Fox News Digital has yet to receive any answers on the matter. The Sanders Institute never responded to questions about the campaign cash and their work or accomplishments. The Sanders campaign also did not explain why they had wired the donor cash to the institute. 

‘

Liberals online piled on Democrat Senator Chris Murphy of Connecticut after he shared the viral blue-collar anthem ‘Rich Men North of Richmond.’

Murphy shared the song taking the Internet by storm on Monday, calling on progressives to listen to the song decrying the state of the country under Democrat leadership.

‘a. I think progressives should listen to this. In part, bc it’s just a good tune, (sic)’ Murphy tweeted.

‘b. But also [because] it shows the path of realignment,’ the Connecticut Democrat continued. ‘Anthony sings about the soullessness of work, s— wages and the power of the elites.’

‘All problems the left has better solutions to than the right,’ the senator claimed.

Liberal users online did not take kindly to Murphy sharing the hit song, with several asking why the progressive senator shared the tune.

Former Bernie Sanders presidential campaign co-chair and Ohio state Senator Nina Turner tweeted the ‘biggest solution to this is getting big money out of politics.’

‘Actual progressives don’t need to listen to this, our political leaders do,’ Turner tweeted.

‘Why is Chris Murphy favorably quote tweeting ultra ding dong Benny Johnson?’ user Drew Savicki wrote.

‘Someone’s gotta start digging into financial interests here,’ user Michael Paulauski tweeted. ‘Chris Murphy is backflipping his way directly into the red-brown alliance in a manner that would make Jimmy Dore proud.’

‘I have a feeling someone is guiding him toward the upcoming GOP/Libertarian power vacuum,’ Paulauski added.

‘What,’ another user wrote.

Murphy’s tweet comes days after the debut of Virginia native Anthony Oliver’s hit song ‘Rich Men North of Richmond’ broke the Internet.

‘Rich Men North of Richmond,’ is a twangy, soulful bluegrass song detailing the frustration of a blue-collar man fed up with the leadership in Washington.

The song torches high taxes and lawmakers for turning their attention away from the working men and women of America to ‘minors on an island somewhere’ — an apparent reference to the offshore retreat where the late convicted child sex offender Jeffrey Epstein hosted several influential persons.

‘Rich Men North of Richmond’ also contrasts starving ‘people in the street’ to ‘obese’ Americans ‘milking welfare’ and the epidemic of suicides in young men.

‘Well God, if you’re 5 foot 3 and you’re 300 pounds, taxes ought not to pay for your bags of fudge rounds,’ Anthony sings. ‘Young men are putting themselves six feet in the ground, ’cause all this damn country does is keep on kicking them down.’

Anthony’s emotional song has resonated with millions of viewers, with the Tuesday video recording by RadioWV’s Draven Riffe already sporting 1.2 million views on YouTube.

EXCLUSIVE: A Hawaii Democrat criticized President Biden’s response to reporters’ question about the deadly fires in his state as ‘shocking’ and ‘quite disappointing.’

Bloomberg White House correspondent Justin Sink reported Sunday that Biden had nothing to say during his Delaware beach getaway on the rising death toll due to severe wildfires, which reached 96 as of Monday afternoon with hundreds more missing.

‘After a couple hours on the Rehoboth beach, @potus was asked about the rising death toll in Hawaii ‘No comment,’ he said before heading home,’ Sink reported on X, formerly known as Twitter.

Video footage of the exchange appeared to corroborate Sink’s account.

The comment sparked a wave of backlash, including by former Hawaii state Rep. Mark Kaniela Ing, a Democrat who now serves as national director of the Green New Deal Network.

‘I campaigned for you. Now, when I lose dozens of my friends, family, and neighbors. This?’ Kaniela Ing wrote in a now-deleted post.

Kaniela Ing told Fox News Digital in a phone interview Monday that he found Biden’s remark ‘shocking’ and out of character.

‘When things like this happen, it’s really the time to — if you do the kind of work I do, when the wave crests, you’ve got to paddle hardest,’ he said. ‘When tragedies like this occur, it’s shocking to see people just conducting business as usual. … On the one hand, you don’t want everyone to be in a perpetual somber mood, but on the other hand, how can you just carry on like that?’

‘I think everyone deserves some time to take care of themselves, wind down, but, as someone in leadership role, you need to be ready any moment to offer some empathy and solace and comfort to people that are facing a lot of trauma right now,’ he said.

Kaniela Ing said he deleted his post because he thought Biden’s exchange with reporters may have been more nuanced than initially reported.

‘Whether or not it was as dismissive as originally reported, it is quite disappointing,’ he added, adding, ‘I would expect more.’

‘He should be talking about what he’s done and what he will do,’ he said. ‘The talking and offering words of solace and comfort, great. I’m not too hung up on that, to be honest. What I’m looking for is action.’

Kaniela Ing said his Green New Deal Network wants three things from Biden that it believes he has fallen short on, or else ‘these disasters are going to keep happening more frequently and more severe.’

‘Declare a climate emergency. Deny fossil fuel permits, and invest substantial federal funds to the tune of $1 trillion a year,’ he said. ‘Hawaii came out for Biden in a big way, and I think President Biden and anyone running for president right now needs to address this head on, not just in terms of immediate relief, but in longer term recovery and accountability.’

When reached for comment by Fox News Digital Monday morning, White House deputy press secretary Andrew Bates explained that the president released a statement on the fires last week and also pointed to ‘the governor’s positive comments about the federal response on multiple Sunday shows.’

The White House later released a statement that read, ‘President Biden has mobilized and led a whole-of-government response to the wildfires in Hawaii from the beginning, working closely on it and receiving detailed briefings every day since.’

‘Yesterday he received two updates from FEMA Administrator Criswell while she was on the ground,’ the statement continued. ‘As Governor Green stressed yesterday, within six hours of receiving Hawaii’s request, President Biden signed a Major Disaster Declaration and ordered all available federal resources in the state to help with the response. Governor Green described this as having provided ‘amazing support for recovery.’ Senator Hirono also thanked President Biden for the immediate support federal agencies have delivered for the residents of Hawaii, as has Senator Schatz.’

‘Like President Biden said on Thursday, ‘I’ve directed that we surge support to these brave firefighters and first responders and emergency personnel working around the clock […] I’m going to make sure the state has everything it needs from the federal government to recover,’’ the White House statement added.

There is something of an impeachment furor in Washington.

But only among some Republicans. 

There’s hubbub about Hunter Biden’s now nullified plea deal. Questions about whether Hunter Biden used his father for business access. 

The House is out of session for nearly another month. But that didn’t stop Rep. Greg Steube, R-Fla., from introducing four articles of impeachment for the President himself. 

One article of impeachment alleges the President sold access when he was Vice President. A second article suggests collusion between the president’s 2020 campaign and the Justice Department to hide alleged tax crimes by Hunter Biden and shield him from legal jeopardy. A third article purports fraud by Biden family businesses. The fourth article claims the Biden family finances helped fuel drug transactions and even prostitution.

‘It is long past due to start the impeachment process,’ said Steube on Fox.

President Biden conceded he helped block assistance to Ukraine when he served as Vice President unless Kyiv fired prosecutor Viktor Shokin. Shokin was investigating the Ukrainian energy firm Burisma. Hunter Biden served on the board of Burisma. 

Republicans suggest a quid pro quo.

‘We know the quo happened,’ said Sen. Ted Cruz, R-Tex., on Fox. ‘The only question for bribery is the quid. Did that oligarch pay Joe and Hunter $10 million? $5 million for Joe. $5 million for Hunter. If yes, that’s bribery. And Biden should be impeached. He should be removed from office. He should be prosecuted. And he should go to jail.’

There’s a push by the hard right for impeachment now. Some conservatives are growing tired of the behind-the-scenes ‘transcribed interviews’ and various letters written to Biden-related figures by House Oversight Committee Chairman James Comer, R-Ky., and Judiciary Committee Chairman Jim Jordan, R-Ohio. They want action. The measured pace of Congress doesn’t match the political realities of ultra-conservative, Republican districts which have nothing but disdain for President Biden.

‘What you’re seeing is the frustration of some of our supporters,’ conceded Rep. Mike Johnson, R-La., on Fox. ‘But yes, at some point, as (House) Speaker (Kevin) McCarthy, R-Calif., said before we left for the district work period, an impeachment inquiry is called for here.’

However, that’s not exactly what the Speaker said.

On two different occasions on Fox last month, McCarthy teased an impeachment inquiry (remember that specific term) for both Attorney General Merrick Garland and President Biden. An impeachment ‘inquiry’ is miles from impeachment. But it’s important that the Speaker began to mention impeachment. After all, that’s what many anti-Biden voters and Freedom Caucus members needed to hear: the I-word. McCarthy’s verbiage amplified the potential for impeachment – because it’s coming from the Speaker. But it also served as a trial balloon for McCarthy to see if he could get his members in a place to push for impeachment. That would begin with an ‘impeachment inquiry.’ A formal impeachment inquiry requires an actual vote by the full House of Representatives. It gives the House more authority to call for witnesses and conduct depositions. 

But the House can’t formally begin an impeachment inquiry without voting to do so. And it’s far from clear if Republicans – with a four seat majority and 18 House Republicans representing districts carried by the President – would ever have the votes to go down this path.

But there may have been a rhetorical sleight-of-mouth by McCarthy. 

The mere fact that McCarthy mentioned ‘impeachment’ – inquiry or not – may have helped McCarthy get in front of a push for impeachment by House conservatives and not seem like he was lagging behind. 

In late July, McCarthy made sure the Congressional press corps understood precisely what he said about impeachment – even if some conservative voters heard what they wanted, without the nuance. 

‘I didn’t say I was doing an impeachment inquiry,’ said McCarthy. ‘I said if they didn’t provide us the information, that could rise to an impeachment inquiry.’

However, some Republicans are reluctant to rush into the impeachment maelstrom. 

‘Inquiry’ or otherwise.

‘An inquiry and impeachment vote is too soon as I’ve stated,’ said Rep. Nancy Mace, R-S.C., on Fox Business. ‘I don’t think we’re there just yet. But I do believe that we will be at some point later this year.’

Rep. Darrell Issa, R-Calif., also weighed in on Steube’s gambit during an appearance on Fox. 

‘Is it premature? To me, it is,’ said Issa. ‘We’re a long way from the conspiracy that should and possibly need to be investigated. And we should do an investigation.’

However, Issa noted one potential hurdle. 

‘The last thing I would want today is a vote on impeachment in the House that would die in the Senate,’ said Issa.

That echoes something similar that Comer said to Fox in late July. 

It’s unclear if this commentary about the Senate failing to convict the president is a GOP escape hatch for Republicans who want to talk about impeachment, have revved up their base about impeachment, but know that actually executing impeachment – inquiry or otherwise, is challenging. 

It’s all about the math.

Republicans sport a reed-thin, four-seat majority in the House. It’s a roll of the dice to determine if Republicans would ever have the votes to begin an impeachment inquiry – or actually impeach the President. 

And it’s really about the math in the Senate.

The Constitution requires a two-thirds vote to convict and remove the president. That’s 67 votes. Republicans only have 49 votes right now. The Senate could never get there.

Thus, a potential escape hatch? 

But the pressure is going to be on McCarthy in the late summer and early fall to do something on impeachment. 

‘McCarthy has shown over this last eight or nine months that he’s been in charge that he does not have a whole lot of grip over his own caucus,’ said David Cohen, political science professor at the University of Akron. ‘McCarthy’s going to have to give in to the conservatives in his party. I don’t know that he has a choice if he wants to remain Speaker.’

It would be risky for McCarthy to forge ahead on impeachment. And, it may be risky for McCarthy not to forge ahead on impeachment.

History may not repeat itself. But it sure does rhyme.

Voters punished Republicans 25 years ago for impeaching former President Clinton. Voters believed the impeachment wasn’t warranted.

It’s unclear where middle-of-the-road voters are on impeachment this year. The GOP campaigned on fixing the supply chain and the economy. Not impeachment. 

When Republicans impeached Mr. Clinton in 1998, the president had very high approval ratings. That’s not the case with President Biden. And that’s why this impeachment dynamic may be harder to figure out.