NASA chief warns of Chinese military presence in space

Washington — China is bolstering its space capabilities and is using its civilian program to mask its military objectives, the head of the U.S. space agency said Wednesday, warning that Washington must remain vigilant.

“China has made extraordinary strides especially in the last 10 years, but they are very, very secretive,” NASA administrator Bill Nelson told lawmakers on Capitol Hill.

“We believe that a lot of their so-called civilian space program is a military program. And I think, in effect, we are in a race,” Nelson said.

He said he hoped Beijing would “come to its senses and understand that civilian space is for peaceful uses,” but added: “We have not seen that demonstrated by China.”

Nelson’s comment came as he testified before the House Appropriations Committee on NASA’s budget for fiscal 2025.

He said the United States should land on the moon again before China does, as both nations pursue lunar missions, but he expressed concern that were Beijing to arrive first, it could say: “‘OK, this is our territory, you stay out.'”

The United States is planning to put astronauts back on the moon in 2026 with its Artemis 3 mission. China says it hopes to send humans to the moon by 2030.

Nelson said he was confident the United States would not lose its “global edge” in space exploration.

“But you got to be realistic,” he said. “China has really thrown a lot of money at it and they’ve got a lot of room in their budget to grow. I think that we just better not let down our guard.”

Schumer says he’ll move to end Mayorkas’ impeachment trial in Senate as soon as it begins

Washington — Senate Majority Leader Chuck Schumer said Wednesday that he will move to dismiss impeachment charges against Homeland Security Secretary Alejandro Mayorkas, a move that would end the Senate trial before arguments even begin.

Schumer, D-N.Y., said that the two articles of impeachment brought against the secretary over his handling of the U.S.-Mexico border “fail to meet the high standard of high crimes and misdemeanors” and could set a dangerous precedent. 

“For the sake of the Senate’s integrity and to protect impeachment for those rare cases we truly need it, senators should dismiss today’s charges,” Schumer said as he opened the Senate. 

An outright dismissal of House Republicans’ prosecution of Mayorkas, with no chance to argue the case, would be an embarrassing defeat for House Republicans and embattled House Speaker Mike Johnson, who made the impeachment a priority. And it is likely to resonate politically for both Republicans and Democrats in a presidential election year when border security has been a top issue. 

Republicans argue that President Joe Biden has been weak on the border as arrests for illegal crossings skyrocketed to more than 2 million people during the last two years of his term, though they have fallen from a record-high of 250,000 in December amid heightened enforcement in Mexico. Democrats say that instead of impeaching Mayorkas, Republicans should have accepted a bipartisan Senate compromise aimed at reducing the number of migrants who come into the U.S. illegally. 

The House narrowly voted in February to impeach Mayorkas for his handling of the U.S.-Mexico border, arguing in the two articles that he “willfully and systematically” refused to enforce immigration laws. House impeachment managers appointed by Johnson, R-La., delivered the charges to the Senate on Tuesday, standing in the well of the Senate and reading them aloud to a captive audience of senators. 

As Johnson signed the articles Monday in preparation for sending them across the Capitol, he said Schumer should convene a trial to “hold those who engineered this crisis to full account.” 

Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.” 

Once the senators are sworn in on Wednesday, the chamber will turn into the court of impeachment, with Democratic Sen. Patty Murray of Washington presiding. Murray is the president pro tempore of the Senate, or the senior-most member of the majority party who sits in for the vice president. 

The entire process could be done within hours after the trial is called to order. Schumer said he will seek an agreement from Republicans for a period of debate — an offer they are unlikely to accept — and then allow some Republican objections. He will them move to dismiss the trial and hold a vote. 

To win that vote, Schumer will need the support of all of the Senate’s Democrats and three independents. 

In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office — Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not one House Democrat supported it, either. 

While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats. 

Sen. Mitt Romney, R-Utah, said last week he wasn’t sure what he would do if there were a move to dismiss the trial. “I think it’s virtually certain that there will not be the conviction of someone when the constitutional test has not been met,” he said. 

At the same time, Romney said he wants to at least express his view that “Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.” 

Mayorkas, who was in New York to launch a campaign for children’s online safety, reiterated that he’s focused on the work of his department. “The Senate is going to do what the Senate considers to be appropriate as that proceeds,” he said. “I am here in New York City on Wednesday morning fighting online sexual exploitation and abuse. I’m focused on our mission.” 

The two articles argue that Mayorkas not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. The House vote was the first time in nearly 150 years that a Cabinet secretary was impeached. 

Since then, Johnson delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but he punted again after Senate Republicans said they wanted more time to prepare. 

House impeachment managers previewed some of their arguments at a hearing with Mayorkas on Tuesday morning about President Joe Biden’s budget request for the department. 

Tennessee Rep. Mark Green, the chairman of the House Homeland Security panel, told the secretary that he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress, and you have breached the public trust.” 

Mayorkas defended the department’s efforts but said the nation’s immigration system is “fundamentally broken, and only Congress can fix it.” 

Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Plfuger of Texas and Marjorie Taylor Greene of Georgia. 

If Democrats are unable to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues. 

If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. Trump was acquitted by the Senate both times. 

At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and it can ask questions of both sides after the opening arguments are finished. 

NPR suspends editor who criticized his employer for what he calls an unquestioned liberal worldview

NEW YORK — National Public Radio has suspended a veteran editor who wrote an outside essay criticizing his employer for, in his view, journalism that reflects a liberal viewpoint with little tolerance for contrary opinions.

Uri Berliner, a senior editor on NPR’s business desk, was suspended five days without pay, according to an article posted Tuesday by NPR’s media correspondent, David Folkenflik. He wrote that Berliner was told he violated the company’s policy that it must approve work done for outside news organizations.

Berliner told NPR that he was not appealing the suspension. An NPR spokeswoman said the company would not comment on individual personnel matters.

He wrote his essay last week for The Free Press. Berliner wrote that NPR has always had a liberal bent, but for most of his 25-year tenure had an open-minded, curious culture.

“In recent years, however, that has changed,” he wrote. “Today, those who listen to NPR or read its coverage online find something different: the distilled worldview of a very small segment of the U.S. population.”

His commentary became an instant hit with outside conservative activists who have made similar criticisms of NPR. He specifically criticized his employer for its coverage of former President Donald Trump, of accusations against the president’s son, Hunter Biden, and of the COVID-19 pandemic.

Following publication, NPR’s top editor, Edith Chapin, said she strongly disagrees with Berliner’s conclusions and is proud to stand behind NPR’s work.

One of his NPR colleagues, “Morning Edition” co-host Steve Inskeep, wrote on Substack Tuesday that Berliner’s essay in The Free Press was filled with errors and assumptions.

“If Uri’s ‘larger point’ is that journalists should seek wider perspectives, and not just write stories that confirm their prior opinions, his article is useful as an example of what to avoid,” Inskeep wrote.

Bob Graham, ex-US senator and Florida governor, dies at 87

TALLAHASSEE, Fla. — Former U.S. Sen. and two-term Florida Gov. Bob Graham, who gained national prominence as chairman of the Senate Intelligence Committee in the aftermath of the 2001 terrorist attacks and as an early critic of the Iraq war, has died. He was 87.

Graham’s family announced the death Tuesday in a statement posted on X by his daughter Gwen Graham.

“We are deeply saddened to report the passing of a visionary leader, dedicated public servant, and even more importantly, a loving husband, father, grandfather, and great-grandfather,” the family said.

Graham, who served three terms in the Senate, made an unsuccessful bid for the 2004 Democratic presidential nomination, emphasizing his opposition to the Iraq invasion.

But his bid was delayed by heart surgery in January 2003, and he was never able to gain enough traction with voters to catch up, bowing out that October. He didn’t seek reelection in 2004 and was replaced by Republican Mel Martinez.

Graham was a man of many quirks. He perfected the “workdays” political gimmick of spending a day doing various jobs from horse stall mucker to FBI agent and kept a meticulous diary, noting almost everyone he spoke with, everything he ate, the TV shows he watched and even his golf scores.

Graham said the notebooks were a working tool for him and he was reluctant to describe his emotions or personal feelings in them.

“I review them for calls to be made, memos to be dictated, meetings I want to follow up on and things people promise to do,” he said.

Graham was among the earliest opponents of the Iraq war, saying it diverted America’s focus on the battle against terrorism centered in Afghanistan. He was also critical of President George W. Bush for failing to have an occupation plan in Iraq after the U.S. military threw out Saddam Hussein in 2003.

Graham said Bush took the United States into the war by exaggerating claims of the danger presented by the Iraqi weapons of destruction that were never found. He said Bush distorted intelligence data and argued it was more serious than the sexual misconduct issues that led the House to impeach President Bill Clinton in the late 1990s. It led him to launch his short, abortive presidential bid.

“The quagmire in Iraq is a distraction that the Bush administration, and the Bush administration alone, has created,” Graham said in 2003.

During his 18 years in Washington, Graham worked well with colleagues from both parties, particularly Florida Republican Connie Mack during their dozen years together in the Senate.

Florida voters hardly considered Graham the wealthy Harvard-educated attorney that he was.

Graham’s political career spanned five decades, beginning with his election to the Florida House of Representatives in 1966.

He won a state Senate seat in 1970 and then was elected governor in 1978. He was re-elected in 1982. Four years later, he won the first of three terms in the U.S. Senate when he ousted incumbent Republican Paula Hawkins.

US Navy flies aircraft through Taiwan Strait a day after US-China defense talks

TAIPEI, Taiwan — The U.S. 7th Fleet said a Navy P-8A Poseidon flew through the Taiwan Strait on Wednesday, a day after U.S. and Chinese defense chiefs held their first talks since Nov. 2022 in an effort to reduce regional tensions.

The patrol and reconaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release.

“By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations,” the release said.

Although the critical 160 kilometer- (100 mile-) wide strait that divides China from the self-governing island democracy is international waters, China considers the passage of foreign military aircraft and ships through it a challenge to its sovereignty. China claims the island of Taiwan, threatening to defend by force if necessary despite U.S. military support for the island.

China had no immediate response to the report, but has in past issued stern protests and activated defenses in response to the passage of ships and military planes through the strait, particularly those from the U.S.

China also regularly sends navy ships and warplanes into the strait and other areas around the island.

“The aircraft’s transit of the Taiwan Strait demonstrates the United States’ commitment to a free and open Indo-Pacific. The United States military flies, sails and operates anywhere international law allows,” the 7th Fleet statement said.

Defense Secretary Lloyd Austin spoke with his Chinese counterpart Adm. Dong Jun on Tuesday in the latest U.S. effort to improve communications with the Chinese military and reduce the chances of a clash in the region.

It was the first time Austin has talked to Dong and the first time he has spoken at length with any Chinese counterpart since November 2022. The call, which lasted a bit more than an hour, came as Secretary of State Antony Blinken is expected to travel to China this month for talks.

Military-to-military contact stalled in August 2022, when Beijing suspended all such communication after then-House Speaker Nancy Pelosi visited Taiwan. China responded by firing missiles over Taiwan and staging a surge in military maneuvers, including what appeared to be a rehearsal of a naval and aerial blockade of the island.

Whitey Herzog, Hall of Fame baseball manager in US, dies at 92

NEW YORK — Whitey Herzog, the gruff and ingenious Hall of Fame manager who guided the St. Louis Cardinals to three pennants and a World Series title in the 1980s, and perfected an intricate, nail-biting strategy known as “Whiteyball,” has died. He was 92. 

Cardinals spokesman Brian Bartow said Tuesday that the team, based in the U.S. state of Missouri, was informed of Herzog’s death by his family. Herzog, who had been at Busch Stadium on April 4 for the Cardinals’ home opener, died on Monday, according to Bartow. 

“Whitey Herzog devoted his lifetime to the game he loved, excelling as a leader on and off the field,” Jane Forbes Clark, chair of the Hall of Fame’s board of directors, said in a statement. “Whitey always brought the best out of every player he managed with a forthright style that won him respect throughout the game.” 

A crew-cut, pot-bellied tobacco chewer who had no patience for the “buddy-buddy” school of management, Herzog joined the Cardinals in 1980 and helped end the team’s decade-plus pennant drought by adapting it to the artificial surface and distant fences of Busch Memorial Stadium. A typical Cardinals victory under Herzog was a low-scoring, 1-run game, sealed in the final innings by a “bullpen by committee,” relievers who might be replaced after a single pitch, or temporarily shifted to the outfield, then brought back to the mound. 

The Cardinals had power hitters in George Hendrick and Jack Clark, but they mostly relied on the speed and resourcefulness of switch-hitters Vince Coleman and Willie McGee, the acrobatic fielding of shortstop and future Hall of Famer Ozzie Smith, and the effective pitching of starters such as John Tudor and Danny Cox and relievers Todd Worrell, Ken Dayley and Jeff Lahti. For the ’82 champions, Herzog didn’t bother rotating relievers, but simply brought in future Hall of Famer Bruce Sutter to finish the job. 

Under Herzog, the Cards won pennants in 1982, 1985 and 1987, and the World Series in 1982, when they edged the Milwaukee Brewers in seven games. Herzog managed the Kansas City Royals to division titles in 1976-78, but they lost each time in the league championship to the New York Yankees. 

Overall, Herzog was a manager for 18 seasons, compiling a record of 1,281 wins and 1,125 losses. He was named Manager of the Year in 1985 and voted into the Hall by the Veterans Committee in 2010, his plaque noting his “stern, yet good-natured style,” and his emphasis on speed, pitching and defense. Just before he formally entered the Hall, the Cardinals retired his uniform number, 24. 

Dorrel Norman Elvert Herzog was born in New Athens, Illinois, a blue-collar community that would shape him long after he left. He excelled in baseball and basketball and was open to skipping the occasional class to take in a Cardinals game. Signed up by the Yankees, he was a center fielder who discovered that he had competition from a prospect born just weeks before him, Mickey Mantle. 

Herzog never played for the Yankees, but he did get to know manager Casey Stengel, another master shuffler of players who became a key influence.  

Like so many successful managers, Herzog was a mediocre player, batting just .257 over eight seasons and playing several positions. His best year was with Baltimore in 1961, when he hit .291. He also played for the Washington Senators, Kansas City Athletics and Detroit Tigers, with whom he ended his playing career, in 1963. 

“Baseball has been good to me since I quit trying to play it,” he liked to say. 

Herzog is survived by his wife of 71 years, Mary Lou Herzog; their three children, Debra, David and Jim, and their spouses; nine grandchildren and 10 great-grandchildren. 

US Republicans plan separate Ukraine, Israel aid bills

washington — U.S. Democrats said on Tuesday they would wait to respond to a proposal from the Republican-led House of Representatives to consider national security assistance for Ukraine, Israel and Taiwan separately, rather than as one bill.

More than two months after the Senate approved a $95 billion package of security assistance for Ukraine, Israel and Taiwan and other U.S. partners in the Indo-Pacific, House Speaker Mike Johnson said on Monday that the House would consider the aid this week but would do so as separate pieces of legislation.

The proposal fueled uncertainty about the long-awaited aid package, particularly for Ukraine, given fierce opposition from some far-right Republicans, who have threatened to oust Johnson if he allows a House vote on assistance for Kyiv.

Democrats in the House and Senate — and the White House — said they would look at Johnson’s proposals, even as they stressed that the best and quickest strategy would be for the House to pass the legislation approved by the Senate in February.

Johnson’s plan was endorsed on Tuesday by the leaders of the House Appropriations, Armed Services, Foreign Affairs and Intelligence committees, and the chairperson of the defense appropriations subcommittee.

“We don’t have time to spare when it comes to our national security. We need to pass this aid package this week,” representatives Tom Cole, Mike Rogers, Michael McCaul, Mike Turner and Ken Calvert said in a joint statement.

Turner and Representative Jim Himes, the top Democrat on the intelligence panel, said separately in a statement after a classified briefing that Ukraine’s situation on the ground was critical and aid must be passed now.

Consideration of separate bills could add weeks to the timeline for the aid to become law, as it must pass the House and then go back for a vote in the Senate, before it can be sent to the White House for Democratic President Joe Biden’s signature.

“I am reserving judgment on what will come out of the House until we see more about the substance of the proposal and the process by which the proposal will proceed,” Senator Chuck Schumer said as the Senate opened.

“Hopefully, we will get details of the speaker’s proposal later today. Again, time is of the essence,” Schumer said.

Representative Pete Aguilar, a member of the House Democratic leadership, told a press conference he would wait for the substance of the bill before drawing any conclusions.

“We don’t want to sink any plan that delivers aid to our allies,” he said.

The text of the bills was not released — it was expected as soon as late Tuesday — but there would be separate measures providing assistance to Ukraine as it fights a Russian invasion, Israel after the Oct. 7 attack by Hamas and a weekend air assault by Iran, and partners in the Indo-Pacific as they face an increasingly aggressive China.

It also was not clear which country’s assistance the House would consider first. Republicans have tried repeatedly to push through aid for Israel without anything for Ukraine, an approach Democrats have rejected.

The White House has also opposed standalone aid for Israel.

When asked whether the White House would support the four separate bills, White House National Security spokesman John Kirby said the administration was awaiting more information.

“It does appear at first blush that the speaker’s proposal will, in fact, help us get aid to Ukraine, aid to Israel and needed resources to the Indo-Pacific for a wide range of contingencies there. We just want to get more detail,” he told reporters.

Johnson told Fox News on Tuesday that the fourth bill would include additional sanctions on Russia and Iran as well as the “REPO Act,” a provision regarding the seizure of Russian assets to help Ukraine.

Ukraine backers have been pushing Johnson to allow a vote on supplemental funding since last year. But Johnson had given a variety of reasons to delay, including the need to focus taxpayer dollars on domestic issues.

Many hard-right Republicans, especially those closely allied with former President Donald Trump, who is challenging Biden in the November presidential election, fiercely oppose sending billions more dollars to Ukraine.

At least two far-right Republicans have threatened to seek Johnson’s removal as speaker if he allows a vote on assistance for Ukraine. Johnson said he would not resign.

It was not clear whether he would be removed in case of a hard-right rebellion, as some Democrats have said they would vote to save Johnson’s job to prevent chaos in the House. Last year, conservatives ousted then-Speaker Kevin McCarthy, and it took three weeks before Johnson was elected.

Maui wildfire report details need for more equipment, mutual aid

honolulu — Additional equipment such as fire trucks or water tankers would have helped the Maui Fire Department fight the deadliest U.S. wildfire in more than a century last August, the agency said on Tuesday.

Wildfires were burning in several locations in Maui on August 8, 2023, stretching the department’s limited resources. A severe windstorm made battling the flames difficult, and the blaze in Lahaina quickly tore through the historic town, killing 101 people and destroying thousands of homes. Crews used personal vehicles and even a moped to try to rescue residents from the flames, the department said.

The need for additional firefighting equipment is one of 17 recommendations included in an after-action report produced for the department by the Western Fire Chiefs Association. The report details what went well when the department responded in Lahaina, Olinda and Kula on August 8, as well as improvements that can be made, Assistant Fire Chief Jeff Giesa said.

Giesa and Fire Chief Brad Ventura discussed the report during a news conference in Kula on Tuesday morning and said the full document would be released later that day.

“There were firefighters fighting the fires in Lahaina as they well knew their homes were burning down,” Ventura said. “There were firefighters who rescued people and kept them in their apparatus for several hours as they continued to evacuate others.”

One off-duty safety officer repeatedly drove his personal moped into the fire zone to rescue people, according to Ventura, and other firefighters drove their own cars to the perimeter and ran and hiked inside to evacuate people.

“While I’m incredibly proud of our department’s response, I believe we can always improve our efforts,” Ventura said.

One of the recommendations in the report is that the department keep their relief fire equipment fully stocked, he said. Other recommendations include creating a statewide mutual aid program and a statewide evacuation plan for residents who speak different languages.

Many of the factors that contributed to the disaster are already known: A windstorm battering the island had downed power lines and blown off parts of rooftops, and debris blocked roads throughout Lahaina.

Hawaiian Electric has acknowledged that one of its power lines fell and caused a fire in Lahaina the morning of August 8, but the utility company denies the morning fire caused the flames that burned through the town later that day.

The vast majority of the county’s fire crews were already tied up fighting other wildfires on a different part of the island, their efforts sometimes hindered by a critical loss of water pressure after the winds knocked out electricity for the water pumps normally used to load firefighting tanks and reservoirs. County officials have acknowledged that a lack of backup power for critical pumps made it significantly harder for crews to battle the Upcountry fires.

A smaller firefighting team was tasked with handling any outbreaks in Lahaina. That crew brought the morning fire under control and even declared it extinguished, then broke for lunch. By the time they returned, flames had erupted in the same area and were quickly moving into a major subdivision.

“Our firefighters are well-trained, they are well-equipped. They are basically forced to make decisions every single day with the best information available,” Giesa said of the crew leaving. “It’s 20-20 hindsight, but our crews did everything that they normally do on fires.”

Cellphone and internet service were also down in the area at times, so it was difficult for some to call for help or to get information about the spreading fire — including any evacuation announcements. And emergency officials did not use Hawaii’s extensive network of emergency sirens to warn Lahaina residents.

The after-action report also recommends that officials undertake an analysis of the island’s cellular system, Ventura said.

The high winds made it hard at times for first responders to communicate on their radios, and 911 operators and emergency dispatchers were overwhelmed with hundreds of calls.

Police and electricity crews tried to direct people away from roads that were partially or completely blocked by downed power lines. Meanwhile, people trying to flee burning neighborhoods packed the few thoroughfares leading in and out of town.

The traffic jam left some trapped in their cars when the fire overtook them. Others who were close to the ocean jumped into the choppy waters to escape the flames.

The fire department’s after-action report comes one day before the Hawaii Attorney General is expected to release the first phase of a separate comprehensive investigation about the events before, during and after the fires.

The reports could help officials understand exactly what happened when the wind-whipped fire overtook the historic Maui town of Lahaina, destroying roughly 3,000 properties and causing more than $5.5 billion in estimated damage, according to state officials.

A similar after-action report was released by the Maui Police Department in February. It included 32 recommendations to improve the agency’s disaster response, including that the department obtain better equipment and station a high-ranking officer in the island’s communications center during emergencies.

House Republicans send Mayorkas impeachment articles to Senate, forcing trial

Washington — House impeachment managers walked two articles of impeachment against Homeland Security Secretary Alejandro Mayorkas across the Capitol to the Senate on Tuesday, forcing senators to convene a trial on the allegations that he has “willfully and systematically” refused to enforce immigration laws.

While the Senate is obligated to hold a trial under the rules of impeachment once the charges are walked across the Capitol, the proceedings may not last long. Democrats are expected to try to dismiss or table the charges later this week before the full arguments get underway.

Republicans have argued there should be a full trial. As Speaker Mike Johnson, a Republican from Louisiana, signed the articles Monday in preparation for sending them across the Capitol, he said Senate Majority Leader Chuck Schumer, a New York Democrat, should convene a trial to “hold those who engineered this crisis to full account.” 

Schumer “is the only impediment to delivering accountability for the American people,” Johnson said. “Pursuant to the Constitution, the House demands a trial.”

Majority Democrats have said the Republicans’ case against Mayorkas doesn’t rise to the “high crimes and misdemeanors” laid out as a bar for impeachment in the Constitution, and Schumer likely has enough votes to end the trial immediately if he decides to do so. The proceedings will not begin until Wednesday.

Schumer has said he wants to “address this issue as expeditiously as possible.”

“Impeachment should never be used to settle a policy disagreement,” Schumer said. “That would set a horrible precedent for the Congress.”

Senators will be sworn in Wednesday as jurors, turning the chamber into the court of impeachment. The Senate will then issue a summons to Mayorkas to inform him of the charges and ask for a written answer. He will not have to appear in the Senate at any point.

What happens after that is unclear. Impeachment rules generally allow the Senate to decide how to proceed.

The House narrowly voted in February to impeach Mayorkas for his handling of the border. House Republicans charged in two articles of impeachment that Mayorkas has not only refused to enforce existing law but also breached the public trust by lying to Congress and saying the border was secure. It was the first time in nearly 150 years a Cabinet secretary was impeached.

Since then, Johnson has delayed sending the articles to the Senate for weeks while both chambers finished work on government funding legislation and took a two-week recess. Johnson had said he would send them to the Senate last week, but punted again after Senate Republicans said they wanted more time to prepare.

South Dakota Sen. John Thune, the Senate’s No. 2 Republican, has said the Senate needs to hold a full trial where it can examine the evidence against Mayorkas and come to a final conclusion.

“This is an absolute debacle at the southern border,” Thune said. “It is a national security crisis. There needs to be accountability.”

House impeachment managers — members who act as prosecutors and are appointed by the speaker — previewed some of their arguments at a hearing with Mayorkas on Tuesday morning on President Joe Biden’s budget request for the department.

House Homeland Security Chairman Mark Green, a Tennessee Republican who is one of the managers, told the secretary that he has a duty under the law to control and guard U.S. borders, and “during your three years as secretary, you have failed to fulfill this oath. You have refused to comply with the laws passed by Congress and you have breached the public trust.”

Mayorkas defended the department’s efforts but said the nation’s immigration system is “fundamentally broken, and only Congress can fix it.”

Other impeachment managers are Michael McCaul of Texas, Andy Biggs of Arizona, Ben Cline of Virginia, Andrew Garbarino of New York, Michael Guest of Mississippi, Harriet Hageman of Wyoming, Clay Higgins of Louisiana, Laurel Lee of Florida, August Pfluger of Texas and Marjorie Taylor Greene of Georgia.

After the jurors are sworn in, Senate Republicans are likely to try to raise a series of objections if Schumer calls a vote to dismiss or table, an effort to both protest and delay the move. But ultimately they cannot block a dismissal if majority Democrats have the votes.

Some Republicans have said they would like time to debate whether Mayorkas should be impeached, even though debate time is usually not included in impeachment proceedings. Negotiations were underway between the two parties over whether Schumer may allow that time and give senators in both parties a chance to discuss the impeachment before it is dismissed. 

While most Republicans oppose quick dismissal, some have hinted they could vote with Democrats

Sen. Mitt Romney, a Republican representing Utah, said last week he wasn’t sure what he would do if there were a move to dismiss the trial. “I think it’s virtually certain that there will not be the conviction of someone when the constitutional test has not been met,” he said.

At the same time, Romney said he wants to at least express his view that “Mayorkas has done a terrible job, but he’s following the direction of the president and has not met the constitutional test of a high crime or misdemeanor.”

In any case, Republicans would not be able to win the support of the two-thirds of the Senate that is needed to convict and remove Mayorkas from office. Democrats control the Senate, 51-49, and they appear to be united against the impeachment effort. Not a single House Democrat supported it, either.

Sen. Sherrod Brown, a Democrat who is facing a tough reelection bid in Ohio, called the impeachment trial a “distraction,” arguing that Republicans should instead support a bipartisan border compromise they scuttled earlier this year.

“Instead of doing this impeachment — the first one in 100 years — why are we not doing a bipartisan border deal?” he said.

If Democrats are not able to dismiss or table the articles, they could follow the precedent of several impeachment trials for federal judges over the last century and hold a vote to create a trial committee that would investigate the charges. While there is sufficient precedent for this approach, Democrats may prefer to end the process completely, especially in a presidential election year when immigration and border security are top issues.

If the Senate were to proceed to an impeachment trial, it would be the third in five years. Democrats impeached former President Donald Trump twice, once over his dealings with Ukraine and a second time in the days after the Jan. 6, 2021, attack on the Capitol. The Senate acquitted Trump both times.

At a trial, senators would be forced to sit in their seats for the duration, maybe weeks, while the House impeachment managers and lawyers representing Mayorkas make their cases. The Senate is allowed to call witnesses, as well, if it so decides, and can ask questions of both sides after the opening arguments are finished.

Charges against Trump and January 6 rioters at stake as Supreme Court hears debate over obstruction law

WASHINGTON — The Supreme Court on Tuesday is taking up the first of two cases that could affect the criminal prosecution of former President Donald Trump for his efforts to overturn his election loss in 2020. Hundreds of charges stemming from the Jan. 6, 2021, Capitol riot are also at stake. 

The justices are hearing arguments over the charge of obstruction of an official proceeding. That charge, stemming from a law passed in the aftermath of the Enron financial scandal more than two decades ago, has been brought against 330 people, according to the Justice Department. The court will consider whether it can be used against those who disrupted Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump. 

The former president and presumptive nominee for the 2024 Republican nomination is facing two charges in the case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation’s highest court. Next week, the justices will hear arguments over whether Trump has “absolute immunity” from prosecution in the case, a proposition that has so far been rejected by two lower courts. 

The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interference in Georgia and with mishandling classified documents in Florida. 

In Tuesday’s case, the court is hearing an appeal from Joseph Fischer, a former Pennsylvania police officer who has been indicted on seven counts, including obstruction, for his actions on Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol in a bid to keep Biden, a Democrat, from taking the White House. Lawyers for Fischer argue that the charge doesn’t cover his conduct. 

The obstruction charge, which carries up to 20 years behind bars, is among the most widely used felony charges brought in the massive federal prosecution following the deadly insurrection. 

Roughly 170 January 6 defendants have been convicted of obstructing or conspiring to obstruct the January 6 joint session of Congress, including the leaders of two far-right extremist groups, the Proud Boys and Oath Keepers. A number of defendants have had their sentencings delayed until after the justices rule on the matter. 

Some rioters have even won early release from prison while the appeal is pending over concerns that they might end up serving longer than they should have if the Supreme Court rules against the Justice Department. That includes Kevin Seefried, a Delaware man who threatened a Black police officer with a pole attached to a Confederate battle flag as he stormed the Capitol. Seefried was sentenced last year to three years behind bars, but a judge recently ordered that he be released one year into his prison term while awaiting the Supreme Court’s ruling. 

The high court case focuses on whether the anti-obstruction provision of a law that was enacted in 2002 in response to the financial scandal that brought down Enron Corp. can be used against January 6 defendants. 

Fischer’s lawyers argue that the provision was meant to close a loophole in criminal law and discourage the destruction of records in response to an investigation. Until the Capitol riot, they told the court, every criminal case using the provision had involved allegations of destroying or otherwise manipulating records. 

But the administration says the other side is reading the law too narrowly, arguing it serves “as a catchall offense designed to ensure complete coverage of all forms of corrupt obstruction of an official proceeding,” including Fischer’s “alleged conduct in joining a violent riot to disrupt the joint session of Congress certifying the presidential election results.” 

Smith has argued separately in the immunity case that the obstruction charges against Trump are valid, no matter the outcome of Fischer’s case. 

Most lower court judges who have weighed in have allowed the charge to stand. Among them, U.S. District Judge Dabney Friedrich, a Trump appointee, wrote that “statutes often reach beyond the principal evil that animated them.” 

But U.S. District Judge Carl Nichols, another Trump appointee, dismissed the charge against Fischer and two other defendants, writing that prosecutors went too far. A divided panel of the federal appeals court in Washington reinstated the charge before the Supreme Court agreed to take up the case. 

While it’s not important to the Supreme Court case, the two sides present starkly differing accounts of Fischer’s actions on January 6. Fischer’s lawyers say he “was not part of the mob” that forced lawmakers to flee the House and Senate chambers, noting that he entered the Capitol after Congress had recessed. The weight of the crowd pushed Fischer into a line of police inside, they said in a court filing. 

Senator Tom Cotton of Arkansas and Representatives Jim Jordan of Ohio, Lauren Boebert of Colorado, Matt Gaetz of Florida and Marjorie Taylor Greene of Georgia are among 23 Republican members of Congress who say the administration’s use of the obstruction charge “presents an intolerable risk of politicized prosecutions. Only a clear rebuke from this Court will stop the madness.” 

The Justice Department says Fischer can be heard on a video yelling “Charge!” before he pushed through a crowd and “crashed into the police line.” Prosecutors also cite text messages Fischer sent before January 6 saying things might turn violent and social media posts after the riot in which he wrote, “we pushed police back about 25 feet.” 

More than 1,350 people have been charged with Capitol riot-related federal crimes. Approximately 1,000 of them have pleaded guilty or been convicted by a jury or judge after a trial.

Pro-Palestinian demonstrators shut down highways and bridges in major US cities

CHICAGO — Pro-Palestinian demonstrators blocked roadways in Illinois, California, New York and the Pacific Northwest on Monday, temporarily shutting down travel into some of the nation’s most heavily used airports, onto the Golden Gate and Brooklyn bridges and on a busy West Coast highway.

In Chicago, protesters linked arms and blocked lanes of Interstate 190 leading into O’Hare International Airport around 7 a.m. in a demonstration they said was part of a global “economic blockade to free Palestine,” according to Rifqa Falaneh, one of the organizers.

Traffic in the San Francisco Bay Area was snarled for hours as demonstrators shut down all vehicle, pedestrian and bike traffic on the Golden Gate Bridge and chained themselves to 55-gallon drums filled with cement across Interstate 880 in Oakland. Protesters marching into Brooklyn blocked Manhattan-bound traffic on the Brooklyn Bridge. In Eugene, Oregon, protesters blocked Interstate 5, shutting down traffic on the major highway for about 45 minutes.

Protesters say they chose O’Hare in part because it is one of the largest airports. Among other things, they’ve called for an immediate cease-fire in the war between Israel and Hamas.

Anti- war protesters have demonstrated in Chicago near daily since Hamas’ Oct. 7 attack on southern Israel that killed around 1,200 people. Israeli warplanes and ground troops have since conducted a scorched-earth campaign on the Gaza Strip.

The Israeli offensive has killed more than 33,700 Palestinians, according to the Gaza health ministry. The ministry does not differentiate between civilians and combatants in its count but says women and children make up two-thirds of the dead.

O’Hare warned travelers on the social platform X to take alternative forms of transportation with car travel “substantially delayed this morning due to protest activity.”

Some travelers stuck in standstill traffic left their cars and walked the final leg to the airport along the freeway, trailing their luggage behind them.

Among them was Madeline Hannan from suburban Chicago. She was headed to O’Hare for a work trip to Florida when her and her husband’s car ended up stalled for 20 minutes. She got out and “both ran and speed walked” more than 1.6 kilometers (1 mile). She said she made it to the gate on time, but barely.

“This was an inconvenience,” she said in a telephone interview from Florida. “But in the grand scheme of things going on overseas, it’s a minor inconvenience.”

While individual travelers may have been affected, operations at the airport appeared near normal with delays of under 15 minutes, according to the Chicago Department of Aviation.

Inbound traffic toward O’Hare resumed around 9 a.m.

Near Seattle, the Washington State Department of Transportation said a demonstration closed the main road to Seattle-Tacoma International Airport. Social media posts showed people holding a banner and waving Palestinian flags while standing on the highway, which reopened about three hours later.

About 20 protesters were arrested at the Golden Gate Bridge demonstration and traffic resumed shortly after noon, according to the California Highway Patrol. The agency said officers were making arrests at two points on the interstate, including one spot where roughly 300 protesters refused orders to disperse,

“Attempting to block or shut down a freeway or state highway to protest is unlawful, dangerous, and prevents motorists from safely reaching their destinations,” the agency said in a statement.

Oregon State Police said 52 protestors were were arrested for disorderly conduct following the Interstate 5 protest in Eugene, Oregon, about 177 kilometers (110 miles) south of Portland. Six vehicles were towed from the scene.

New York Police made numerous arrests, saying 150 protesters were initially involved in the march around 3:15 p.m., but that number quickly grew. The bridge was fully reopened by 5 p.m.

In Chicago, dozens of protesters were arrested, according to Falaneh. Chicago police said Monday that “multiple people” were taken into custody after a protest where people obstructed traffic, but they did not have a detailed count.

Maui Fire Department to release after-action report on deadly Hawaii wildfires

HONOLULU — The Maui Fire Department is expected to release a report Tuesday detailing how the agency responded to a series of wildfires that burned on the island during a windstorm last August — including one that killed 101 people in the historic town of Lahaina and became the deadliest U.S. wildfire in more than a century.

The release comes one day before the Hawaii Attorney General is expected to release the first phase of a separate comprehensive investigation about the events before, during and after the Aug. 8 fires.

The reports could help officials understand exactly what happened when the wind-whipped fire overtook the historic Maui town of Lahaina, destroying roughly 3,000 properties and causing more than $5.5 billion in estimated damage, according to state officials.

The Western Fire Chiefs Association produced the after-action report for the Maui Fire Department. After-action reports are frequently used by military organizations, emergency response agencies, government entities and even companies to help identify the strengths and weaknesses of the organization’s response to an emergency.

A similar after-action report was released by the Maui Police Department in February. It included 32 recommendations to improve the law enforcement agency’s response to future tragedies, including that the department obtain better equipment and that it station a high-ranking officer in the island’s communications center during emergencies.

Hawaiian Electric has acknowledged that one of its power lines fell and caused a fire in Lahaina the morning of Aug. 8, but the utility company denies that the morning fire caused the flames that burned through the town later that day. But dozens of lawsuits filed by survivors and victims’ families claim otherwise, saying entities like Hawaiian Electric, Maui County, large property owners or others should be held responsible for the damage caused by the inferno.

Many of the factors that contributed to the disaster are already known: Strong winds from a hurricane passing far offshore had downed power lines and blown off parts of rooftops, and debris blocked roads throughout Lahaina. Later those same winds rained embers and whipped flames through the heart of the town.

The vast majority of the county’s fire crews were already tied up fighting other wildfires on a different part of the island, their efforts sometimes hindered by a critical loss of water pressure after the winds knocked out electricity for the water pumps normally used to load firefighting tanks and reservoirs. County officials have acknowledged that a lack of backup power for critical pumps made it significantly harder for crews to battle the Upcountry fires.

A small firefighting team was tasked with handling any outbreaks in Lahaina. That crew brought the morning fire under control and even declared it extinguished, then broke for lunch. By the time they returned, flames had erupted in the same area and were quickly moving into a major subdivision. The fire in Lahaina burned so hot that thousands of water pipes melted, making it unlikely that backup power for pumps would have made a significant impact.

Cellphone and internet service was also down in the area, so it was difficult for some to call for help or to get information about the spreading fire — including any evacuation announcements. And emergency officials did not use Hawaii’s extensive network of emergency sirens to warn Lahaina residents.

The high winds made it hard at times for first responders to communicate on their radios, and 911 operators and emergency dispatchers were overwhelmed with hundreds of calls.

Police and electricity crews tried to direct people away from roads that were partially or completely blocked by downed power lines. Meanwhile, people trying to flee burning neighborhoods packed the few thoroughfares leading in and out of town.

The traffic jam left some trapped in their cars when the fire overtook them. Others who were close to the ocean jumped into the choppy waters to escape the flames.

Ukraine, Israel aid to hit US House floor as separate bills soon

WASHINGTON — The U.S. House of Representatives will consider aid to Israel and Ukraine as separate legislation this week, Republican Speaker Mike Johnson said on Monday, more than two months after the Senate passed a bill combining the two.

Leaving a meeting of House Republicans on Monday evening, Johnson said the narrowly divided chamber would consider four bills altogether that would also include aid to Taiwan, U.S. allies in the Indo-Pacific and U.S. national security priorities.

“We know that the world is watching us to see how we react,” Johnson told reporters. “They’re watching to see if America will stand up for its allies and in our own interest around the globe. And we will.”

U.S. aid has been delayed by Johnson’s unwillingness to consider a $95 billion bipartisan bill the Senate passed in February, including $14 billion for Israel as well as $60 billion for Ukraine.

Also included were billions to strengthen allies in the Indo-Pacific, where China is becoming more assertive, and for international humanitarian aid.

Johnson said the new House bills provide roughly the same amount of foreign aid as the Senate bill but would include differences including some aid in the form of a loan.

Republicans aim to release legislative text as early as Tuesday morning but will observe a 72-hour review period before voting. Johnson said votes on passage could come late on Friday.

The push to pass the aid gained urgency after Iran’s weekend missile and drone attack on Israel despite fierce opposition in the deeply divided Congress.

Three of the four bills Johnson suggested would cover Ukraine, Israel and the Indo-Pacific. The makeup of the fourth was not immediately clear.

Backers had insisted the broad foreign aid measure passed with 70% support in the Senate would have received similar support in the House. However, Johnson had given a variety of reasons to delay, among them the need to focus taxpayer dollars on domestic issues and reluctance to take up a Senate measure without more information.

Johnson also faces a threat from a hard-right Republicans to oust him as speaker if he allows the Ukraine aid to move ahead. Many on the right, especially those closely allied with former President Donald Trump, who has been skeptical of assisting Kyiv in its fight against Russia, fiercely oppose sending billions more dollars to Ukraine.

The House Freedom Caucus – a group of Republican hardliners with about three dozen members – released a statement on Monday calling for aid to Israel, but not to Ukraine, and rejecting as “bogus” any suggestion that the attack on Israel should help ease the path toward more funds for Kyiv.

Representative Andy Biggs, a Freedom Caucus member, told reporters he liked the idea of separate bills, but had to see them before committing to voting for them.

Defense industry watching

The issue is closely watched by industry. U.S. defense contractors could be in line for huge contracts to supply equipment for Ukraine and other U.S. partners if the additional funding passes. Aid supporters stress that approving the Ukraine bill would create many American jobs.

The White House has been pushing Johnson to allow a vote, as have Senate Republicans and Democrats. “If House Republicans put the Senate supplemental (spending bill) on the floor, I believe it would pass today, reach the president’s desk tonight and Israel would get the aid it needs by tomorrow,” Senate Democratic Leader Chuck Schumer said in the Senate on Monday.

Senate Republican Leader Mitch McConnell told his fellow lawmakers: “It’s also time for Congress to deliver the urgent investments that our industrial base, our forces, and our partners will need to meet and out-compete the growing and linked threats we face.”

The top House Democrat, Representative Hakeem Jeffries, sent a letter to his caucus on Monday spelling out the need to support Ukraine as well as Israel.

“The gravely serious events of this past weekend in the Middle East and Eastern Europe underscore the need for Congress to act immediately. We must take up the bipartisan and comprehensive national security bill passed by the Senate forthwith,” Jeffries wrote.

Ukraine appealed again to allies on Monday for “extraordinary and bold steps” to supply air defenses to help defend against waves of Russian airstrikes that have targeted its energy system in recent weeks.