single sentence that favors or even slightly sympathizes with donald trump s argument for presidential immunity. instead, the d.c. appeals court stands up trump s defenses only to knock them down one by one. the judges reached back through history citing case law from the early 1800s along with founders themselves on how they envisioned the power and limitations of the presidency. the court concludes quote, for the purposes of h criminal case, former president trump has become citizen trump with all of the defenses of any other criminal defendant. on trump s argument that the separation of powers doctrine bars judicial review of executive actions, the court cited presidents nixon and truman, both of whom were found to have exceeded their authority by the supreme court. nixon on trying to shield his tapes and truman on trying to seize steel mills. they also cited an 1882 supreme court ruling that said officers of the government can be sued pulling directly from the decision, q
great entertainer, great man, great patriot. we will have that for you later. but right now, two major developments in the battle over border security, the house voted not to impeach dhs secretary alejandro mayorkas and the senate border deal appears to be on life support. that measure was said to be dead on arrival in the house and now some gop senators are also skeptical about the package. the senior national correspondent rich edson has the information live for us in dc, good evening. reporter: good evening trace. republicans lose two major votes in the house, a chamber they control by a slim margin. house republicans failed to impeach homeland security secretary alejandro mayorkas after charging he s failed to secure the southern border. a handful of republicans broke with their party and democrats and sank the impeachment vote. republicans say they ll vote again when steve scalise returns from cancer treatment. minutes after that vote, the house also failed to pass a $
Resolution is not adopted. Tonight on cspan, your reaction to House Republicanss failed attempt to impeach ella handwrote mayorkas. After nearly three hours of debate, republicans fell one vote short in their pursuit of impeaching the secretary. On two articles of impeachment, for refusing to comply with federal immigration laws, and a breach of the public trust. In a final vot 214216, the impeachment resolution failed, but gop leaders have said they will try again in the coming days. Four republicans voted against impeachment. Ken buck of colorado, Mike Gallagher wisconsin, Tom Mcclintock of california, believing their party had not met the criteria of proving the secretary had committed Impeachable Offenses. The fourth vote flipped from yes to no, a procedural move that will let republicans ring of the articles of impeachment again. Mike johnson confirmed they will bring up the articles of impeachment when they have the votes. Tonight we want to get your thoughts on the vote as well
with leaders. so is there finally an end in sight? there is still a lot of work to be done, but we continue to believe that an agreement is possible. brian: plus, round two second impeachment vote on the table secretary mayorkas after last minute vote switch yesterday. lawrence: illegal strip clubs and terrorized neighbors. squatters are taking over more than a 1,000 homes in atlanta. ainsley: fox & friends starts right now and remember, everyone, mornings are better with friends. why don t you participate? brian: i m not sure. steve: and mornings are better with news. so let s turn to the race for the white house. nikki haley waking up this morning to a loss in nevada as nearly 63% of republican primary vote goes to none of these candidates instead of her. she was still declared victor, however. ainsley: none of these candidates. you can check that box? brian: former president was not on the ballot. he opted out and will instead take part in the caucuse
prepaid those credit cards for food that are going to the migrants. we are not giving people american express cards. we found that the food delivery service that we set up during the emergency we could find a better way to do it. steve: why are the migrants getting a better deal than the homeless of new york? that s what people have scratching their heads about. meanwhile, southern california still in the grip of dangerous atmospheric river triggering 500 mud slides leaving at least nine people dead as they pick up the pieces in has enda li heights. lawrence: remember, mornings are better with friends. steve: developing story, the house republicans are they are pushed to impeach dhs secretary alejandro mayorkas blew up last night. they didn t have enough votes. ainsley: he isn t out of the woods yet. second vote today. it s already in the works. lawrence: jacqui heinrich at the white house. big defeat for house speaker mike johnson who had been building