| ◼ Between the Hur report and his flailing response to it, Joe Biden had a rough couple of days last week. Fortunately, he’s already forgotten them.
◼ The Senate voted 70–29 to provide $95 billion of aid to Ukraine, Israel, and Taiwan. In theory, the bill has majority support in the House, but the bigger obstacle is getting it to the floor. Speaker Mike Johnson has insisted that any aid package include provisions to secure the border, but Democrats are not going to go any further than the border bill that just died because conservatives opposed it for sins of omission and commission. Johnson might not even be able to bring the bill to the floor, because the Rules Committee would have to approve it first. Another alternative would be a discharge petition, whereby a majority of the House gathers signatures that force a floor vote. However, that would require several Republicans to join Democrats to undermine their own leadership. Perhaps the bill could be divided into its component parts—allowing Republicans so inclined to vote for aid to Israel but not to Ukraine. But Biden has vowed to veto any bill for Israel alone, which has dissuaded congressional Democrats from letting such legislation reach his desk. In summary, it’s difficult to envision what the path to House passage of the aid bill would look like. Oh, and did we mention that the House is not in session again until February 28 and faces a March 1 deadline to avert a partial government shutdown?
◼ On their second attempt , House Republicans impeached Secretary of Homeland Security Alejandro Mayorkas. House Republicans focused on two charges. First, that Mayorkas has initiated a policy of knowingly releasing migrants into the United States who ought to have been detained. The second is that he repeatedly testified before Congress that he had “operational control” of the border, when in fact he was creating an uncontrolled crisis that threatens to bankrupt communities along the border, stresses the finances of major cities far from it, and has even led to school cancellations as the U.S. tries to cope with the resulting influx. There have been, by some estimates, more than 8 million enforcement encounters nationwide and at least 6 million illegal crossings. Mayorkas’s policy is to release migrants pending asylum hearings, sometimes scheduled years from now, that no one expects to be held. Every loophole for granting immediate release or even work permits is stretched. Beyond being an injustice to America’s citizens and workers and a major security risk, Mayorkas’s high-handed negligence is an offense to constitutional order itself: The executive branch is supposed to enforce the laws Congress makes. Even if a Senate trial is unlikely to result in Mayorkas’s removal, it has the potential to draw these points to the attention of the public.
◼ Donald Trump was speaking to one of his rallies in South Carolina. “What happened to her husband?” he asked. He was referring to Nikki Haley’s husband, Michael. “Where is he? He’s gone. He knew. He knew.” Knew what? Who knows? In fact, as Nikki Haley later pointed out, Michael is deployed to Djibouti, serving in the South Carolina National Guard. Trump subsequently addressed the matter on his social-media platform, Truth Social. “I think he should come back home to help save her dying campaign,” the former president wrote. We think that Republicans should nominate someone with an ounce of character.
◼ Special counsel Robert Hur honestly reported his lengthy observation of what the American people glimpse daily: The president is in serious cognitive decline, unable to recall basic information—e.g., when he was vice president, and what year his son Beau died (a tragic event during his vice presidency, about which he wrote a memoir). Instantly, Democratic wrath rained down on the prosecutor. It is cynically misplaced. Regulations required Hur to provide a “confidential report” to the attorney general, fully explaining his charging decisions in the investigation of Biden’s decades of mishandling classified intelligence. Merrick Garland, not Hur, decided to publicize the report’s blunt assessment. Hur found evidence that Biden acted willfully. Hur was required to explain why this evidence did not compel him to recommend indictment—his rationale being Biden’s mental incapacity, its likely effect on a sympathetic jury, and the possibility of lengthy litigation over his fitness to stand trial. It is not Hur’s fault that Democrats are hell-bent on nominating someone a jury might find too senescent to have formed criminal intent.
◼ The criminal prosecution of Donald Trump in Fulton County, Ga., is a theater of scandal—for the prosecutor. As we go to press, a judge in Atlanta has been conducting a hearing on whether District Attorney Fani Willis and the outside special prosecutor she hired, Nathan Wade, should be disqualified from the case. They conceded they have been having a romantic affair—albeit only after Willis suggested that the defendant who raised the issue was engaging in (what else?) racism. The salacious details matter because it is alleged that Willis paid Wade extravagantly out of county funds allocated to deal with her office’s Covid backlog and then financially benefited when the couple used the money for luxury vacations. (She says she reimbursed him in cash and thus has few records of it.) The court will consider whether not only Willis and Wade but the DA’s office as a whole must be recused. Love conquers all, and may yet quash this prosecution. |