Closing summary
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.
Updated
The House has kicked off debate over impeaching homeland security secretary Alejandro Mayorkas, beginning with a procedural vote that succeeded:
216-209: The Republican-controlled House votes to advance articles of impeachment against DHS Sec. Alejandro Mayorkas.
— The Recount (@therecount) February 6, 2024
A full House vote on whether to impeach him is expected Tuesday evening. pic.twitter.com/chclQ6YVLC
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:
Senate Minority Leader Mitch McConnell (R-KY) says it appears the bipartisan border bill has “no real chance” of becoming law:
— The Recount (@therecount) February 6, 2024
“It's been made pretty clear to us by the Speaker [Mike Johnson] that it will not become law.” pic.twitter.com/BRl8chC9mE
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.
The day so far
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.
Updated
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.
Updated
Biden warns Republicans 'history is watching' if they oppose Ukraine funding
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.
Biden blames Trump for imminent death of immigration bill
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.
All signs point to immigration, Ukraine, Israel bill dying in Senate
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:
Senate Minority Whip John Thune said that he plans to vote against proceeding to the national security and border bill on Wednesday and said bluntly that blocking the package will be the “predominate position” of GOP senators – all-but-ensuring that the measure will fail to get…
— Manu Raju (@mkraju) February 6, 2024
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:
Sen. Chris Murphy (D-CT): “Donald Trump told them do not pass any bipartisan legislation, because chaos at the border is good for me in my upcoming election. And that is the decision that Republicans have made. That is heartbreaking to me as the lead negotiator...” pic.twitter.com/lks90jZv6G
— The Recount (@therecount) February 6, 2024
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.”
Updated
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:
Today’s appeals court decision raises serious concerns. That a President is stripped of his constitutional protections for official acts while in office is obviously something that will need to be addressed on appeal.
— Rep. Jim Jordan (@Jim_Jordan) February 6, 2024
Without commenting on the decision, House speaker Mike Johnson condemned the prosecution as “lawfare”:
Asked Speaker Johnson this AM about Trump losing immunity case in court and whether he thinks he should get immunity.
— Manu Raju (@mkraju) February 6, 2024
“I believe they have been after President Trump for partisan political purposes, I think that’s obvious, and we call it lawfare and I think there is no other way… pic.twitter.com/daT8fXtGQK
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.
This right here is what Joe Biden, most Democrats and the apparently dwindling number of Republicans who support the immigration bill are up against.
The House speaker, Mike Johnson, is leading the campaign against the compromise legislation, which would enact hardline policies Democrats generally oppose while also sending military assistance to Ukraine and Israel. In remarks today, he expressed approval at reports that the deal is on “life support” in the Senate:
“Republicans simply cannot vote for the bill in good conscience. And that's why I declared it 'dead on arrival,' and it looks like right now it may be in some jeopardy, it may be on life support in the Senate. We welcome that development.”
— The Recount (@therecount) February 6, 2024
— Speaker Johnson on Senate border bill pic.twitter.com/G2Fira2cJy
Updated
Biden to make case for immigration overhaul, Ukraine, Israel aid bill in White House address
The White House just announced that Joe Biden will speak at 11.45am to press Congress to approve the bipartisan agreement released over the weekend that would enact strict immigration policies and send military aid to Ukraine and Israel.
The proposal, which was negotiated by a trio consisting of a Democratic, a Republican and an independent senator, faces what appears to be insurmountable opposition. The Republican House speaker, Mike Johnson, who has for months demanded the Biden administration take stronger actions to secure the border with Mexico, said he will not put it up for a vote, while a substantial number of GOP senators say they will not vote for it, imperiling its passage in that chamber ahead of a vote scheduled for Wednesday.
If the measure dies, it’s unclear how Congress will find agreement on aiding Ukraine and Israel, two of Washington’s top national security priorities. We’ll cover Biden’s speech live as it happens.
Updated
Trump will appeal immunity ruling, campaign says
Donald Trump will appeal the court ruling denying him immunity from the federal charges that he tried to overturn the 2020 election, his campaign spokesperson Steven Cheung said in a statement.
He argued that, if the decision is not overturned, all future presidents will face retaliation for actions they took while in office. Trump is the only former president to ever have been criminally indicted.
Here’s Cheung’s full statement:
If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function! Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers. Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution.
Updated
Appeals judges reject Trump argument that presidents have 'unbounded authority to commit crimes'
In their decision, federal appeals court judges Florence Pan, Karen Henderson and Michelle Childs were sharply critical of Donald Trump’s arguments, saying that he essentially wanted to make presidents immune from accountability:
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 recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count.
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. Presidential immunity against federal indictment would mean that, as to the President, the Congress could not legislate, the Executive could not prosecute and the Judiciary could not review. We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter.
Childs and Pan were appointed to the bench by Joe Biden. The Republican former president George HW Bush appointed Henderson.
Updated
Donald Trump’s trial on federal charges related to trying to overturn the 2020 election was supposed to start in less than a month, but last week, the judge delayed it, because the question of whether he was immune had not been resolved yet. Here’s more on that:
A US judge has formally postponed Donald Trump’s trial on federal charges that the former president sought to overturn the 2020 election results.
The trial was due to start on 4 March in Washington before the delay ordered from the federal judge Tanya Chutkan.
Trial delays in general are not unusual in court cases. The delay in Trump’s trial in particular stems from an appeal by the ex-president that claims he is immune to prosecution for actions taken while he was in the Oval Office.
Chutkan had indicated in January that Trump’s original trial date – chosen last summer – would not hold because the case had been frozen by the former president’s appeal.
The judge has prohibited prosecutors from filing motions while the appeal is pending and made clear that Trump’s legal team would get a full seven-month period to prepare for the trial. Any time between December and the end of the appeals process would not count against that preparation period, Chutkan has also said.
Federal appeals court denies Trump immunity claim in election subversion trial
A federal appeals court has rejected Donald Trump’s claim that he cannot be prosecuted for charges related to attempting to overturn the 2020 election because the alleged misconduct occurred while he was acting is his capacity as president, Reuters reports.
The three judges hearing the matter at the Washington DC-based US court of appeals ruled unanimously against the former president. They had appeared skeptical of the immunity claim last month, when an attorney for Trump made his case before the court. Here’s more about that:
House Republicans may lack votes to impeach Mayorkas amid defections
House Republicans may fail in their attempt planned for this afternoon impeach the homeland security secretary, Alejandro Mayorkas, after two lawmakers announced they would vote against the charges.
The GOP controls Congress’s lower chamber by just one seat, but two Republicans say they will not support the effort to bring charges of ignoring laws and breaching the public trust against Mayorkas.
Ken Buck of Colorado has long been skeptical of the effort, and made his opposition official yesterday:
Secretary Mayorkas will be remembered as the worst Secretary of Homeland Security in history. While inexcusable, this incompetence is not constitutional grounds for an impeachment.
— Rep. Ken Buck (@RepKenBuck) February 5, 2024
Read my thoughts below ⬇️ https://t.co/GFeFFg9S4S
Just a few minutes ago, Tom McClintock of California said he would vote no:
The only way to stop the border invasion is to replace the Biden administration at the ballot box. Swapping one leftist for another is a fantasy, solves nothing, excuses Biden’s culpability, and unconstitutionally expands impeachment that someday will bite Republicans.
— Tom McClintock (@RepMcClintock) February 6, 2024
If all Democrats vote against the articles, that will block their passage in the House. Even if the articles are approved, the Democratic-controlled Senate is certain to reject them.
Updated
The White House is continuing what appears to be a quixotic effort to get House Republicans to support the immigration policy bill.
“This is a moment of truth for House Republicans. After opposing the record border security funding Joe Biden has signed into law every year of his presidency, will the House GOP finally say ‘yes’ to securing our border and putting the needs of families above partisan games?” Joe Biden’s deputy press secretary Andrew Bates asked in a memo released this morning.
He continued:
Will House Republicans say ‘yes’ to more law enforcement like the Border Patrol, whose union supports the bipartisan deal, or will they instead say ‘yes’ to more fentanyl and to Donald Trump’s insistence that border security be delayed in the name of politics?
The critical choice in front of House Republicans will define the legacy of their narrow majority. And it is House Republicans’ last meaningful chance to stop blocking the President from securing the border, a streak that goes back to their obstruction of his Day One comprehensive immigration reform plan.
Like Sen. Thom Tillis said last month, ‘You don’t knowingly make this country less safe for political points.’ And Like Rep. Patrick McHenry said two weeks ago, ‘If we keep extending the pain and creating more suffering, we will pay the price.’
Updated
Citing Trump's rise, top Senate Republican encourages lawmakers to vote against immigration bill – report
In a behind-closed-doors meeting last night, the Senate’s top Republican, Mitch McConnell, told his lawmakers that if they didn’t like what was in the immigration policy bill that he had demanded be negotiated then they should vote against it, Punchbowl News reports.
The reason why? Essentially, Donald Trump. Per Punchbowl, the Republican minority leader cited the shifting national mood on immigration, a euphemism for the fact that Trump is now nearly assured to win the GOP presidential nomination again, and wants to campaign on his own draconian approach to the issue. For his part, the former president encouraged lawmakers to reject the bill yesterday.
Remember that McConnell and other Republicans had initially demanded the immigration policy changes as their price for supporting aid to Israel and Ukraine’s militaries. With the legislation to do that facing what appears to be insurmountable opposition ahead of its first Senate vote scheduled for Wednesday, Republicans have managed to kill not only the prospect of enacting some of the strict policies they’ve demanded, but also assistance to two countries Washington views as national security priorities.
Updated
Amid growing opposition to immigration deal, House Republicans prepare to impeach Mayorkas
Yesterday, the House of Representatives’ Republican leaders made clear they would not, under any circumstances, support a bill to change immigration policy negotiated in the Senate, even though it contains many of the hardline policies they have demanded. Their opposition likely dooms the prospects of Congress approving new military aid to Ukraine’s beleaguered military, or to Israel, because the GOP demanded immigration policy be overhauled in order to approve new assistance. But far from looking for other ways to work with Joe Biden and the Democrats, House Republicans are doubling down on their confrontational stance today, by holding a floor vote in the afternoon on the articles of impeachment against the homeland security secretary, Alejandro Mayorkas. They accuse him of mishandling border security, and while it’s unclear if the impeachment vote, a rare occurrence against a cabinet secretary, will succeed, the Democratic-led Senate is sure to reject the articles.
The biggest consequence of the deadlock over the immigration bill is that there is no obvious way to for Congress to find consensus on aiding either country, particularly with the far right turned against Ukraine. The Republican House speaker, Mike Johnson, is nonetheless planning to also call a vote today on a standalone aid package for Israel, but Biden has threatened to veto it, arguing it must be coupled with the immigration bill and the aid to Kyiv.
And if that wasn’t enough, here’s what else is going on today:
Joe Biden and Kamala Harris will at 5.30pm ET hold a White House reception in honor of Black History Month.
The treasury secretary, Janet Yellen, will appear before the House financial services committee starting at 10am to discuss the stability of America’s financial system, though lawmakers will likely interrogate her about plenty of other subjects.
The White House press secretary, Karine Jean-Pierre will answer reporters’ questions at 1.30pm.
Updated
