Texas Legislature sends $1.54 billion bill for border barriers to Gov. Abbott

Senate Bill 3 would also appropriate $40 million for state troopers to patrol Colony Ridge, a housing development outside of Houston, and allow the state to send money to local jurisdictions to offset the cost of enforcing another immigration-related bill.
Texas Senate passes its own school safety funding bill, but little time remains to get it across the finish line

Senate Bill 5 would send an extra $800 million to public schools for security upgrades over the next two years. But the measure is at risk of becoming the latest casualty of the rift between the Texas House and Senate.
VP Kamala Harris’ 2019 Jussie Smollett defense remains after actor’s hate crime hoax conviction, failed appeal

Vice President Kamala Harris‘ 2019 post calling Jussie Smollett a victim of attempted “modern day lynching” is still online despite the actor losing his conviction appeal Friday and facing the likelihood of going back to prison. An Illinois appeals court on Friday upheld Smollett’s previous conviction on five of the six charges of disorderly conduct in 2021. Smollett had claimed he was the victim of a racist and homophobic attack by two men who were wearing ski masks in January 2019. While police searched for the suspects, an investigation into Smollett led to charges that he planned the whole attack and lied to police about it. He was sentenced to 150 days in jail, 30 months felony probation, as well as $120,106 restitution to the City of Chicago and a fine of $25,000. JUSSIE SMOLLETT’S CONVICTION UPHELD BY ILLINOIS APPEALS COURT Harris, who was a senator when the incident happened, wrote on X, then called Twitter, that Smollett is “one of the kindest, most gentle human beings I know. I’m praying for his quick recovery.” “This was an attempted modern day lynching. No one should have to fear for their life because of their sexuality or color of their skin. We must confront this hate,” Harris wrote. Following Friday’s decision, Holly Baird, a representative for Smollett, told Fox News Digital that the case would be appealed to the Supreme Court. JUSSIE SMOLLETT’S CAREER OVER DESPITE APPEAL; HE BURNED BRIDGES: EXPERT “We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett,” Baird said. “We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence.” Special Prosecutor Dan. K. Webb said in a Friday statement that he was pleased with the court’s decision. “As the appellate court noted, Mr. Smollett ‘challenge[d] virtually every aspect of’ the prosecution, and the appellate court correctly rejected each and every one of those challenges,” Webb said. “Today’s decision is a validation of Winston & Strawn’s tireless work on this matter and a resounding victory for justice. We are proud to have prevailed in a case that, we believe, can help restore the public’s confidence in the Cook County justice system.” If Smollet’s next appeal fails, he will be required to serve the rest of his jail sentence. Harris’ office did not immediately respond to Fox News’ request for comment. Fox News’ Lauryn Overhultz and Chris Pandolfo contributed to this report.
Kathy Hochul clarifies claim of ‘filling’ George Santos seat, pledges special election

New York Gov. Kathy Hochul is sparking confusion online as some users on X believe a comment she made on social media indicated that she intends to fill the seat of expelled Rep. George Santos, R-N.Y., herself, and not hold a special election to fill the vacancy. When Hochul posted her reaction to Santos’ expulsion on X at 11:14 a.m., she did not refer to an election, which led some users to infer that the governor would try to select Santos’ replacement. “I am prepared to undertake the solemn responsibility of filling the vacancy in New York’s 3rd District. The people of Long Island deserve nothing less,” Hochul wrote on X, with no mention of a special election. The post was still live at the time of publication – more than three and a half hours later – and has nearly 800,000 views. HOUSE ETHICS COMMITTEE HEAD TO MOVE TO EXPEL GEORGE SANTOS AFTER RELEASE OF DAMNING REPORT Santos was booted from Congress Friday morning following a damning House Ethics Committee investigation that found he had used “campaign funds for personal purposes” and “engaged in fraudulent conduct.” His expulsion means his seat in New York’s 3rd District is now vacant, and under Article I, Section 2, Clause 4 of the Constitution, the executive of the state must hold an election to fill the seat. Hochul has 10 days to schedule a special election, and it must take place 70 to 80 days later. BY KICKING OUT SANTOS, GOP REMINDS AMERICANS THERE ARE CONSEQUENCES FOR DOING WRONG … SOMETIMES Fox News Digital reached out to Hochul’s office for clarification of the post, and a spokesperson wrote at 1 p.m. that she intends to hold a special election. The spokesperson pointed to a press release on the governor’s website that is essentially the same as the post on X, with reference to the election included. “I am prepared to undertake the solemn responsibility of filling the vacancy in New York’s 3rd District by scheduling a special election. The people of Long Island and Queens deserve nothing less,” the statement on the site reads. The statement was posted to the governor’s website at 12:45 p.m., about 75 minutes after her post on X. However, the post is still driving debate on X. “The voters will decide who the next congress person will be. You have to call a special election,” wrote one user. “It clearly makes it sound like it’s her decision on filling it, it doesn’t mention a special election or issuing writs thereof at all,” wrote another in response to a user. Other users pointed out that Hochul may have been referring to her selecting the Democratic nominee in the special election. Unlike normal races, there is no primary election for the seat, and Democratic and GOP party leaders will choose their candidates. “The special election has no primary. Thus both parties nominate who they want to run,” wrote another user. “Hence she has a say as to who will run on the Dem ticket.”
Hitchhiker’s Guide to how the Santos expulsion will amplify pressure on Democrats to deal with men

House Democrats were ready for Republicans to fail to expel Rep. George Santos (R-NY) today. Had the GOP failed, Democrats would have highlighted this roll call vote as a signature event to demonstrate problems in the GOP. They would note how the GOP House came close to hitting the debt ceiling. How they flirted with two government shutdowns. How they are now on their second House Speaker – after burning through three candidates for Speaker. And then a failure to expel Santos. GOOD TIDINGS AND CHEER, UNLESS YOU’RE IN THE HOUSE OF REPRESENTATIVES But.. that didn’t happen. Ironically, the vote to expel Santos could hinder SENATE DEMOCRATS. Santos has only been indicted. The House had never before expelled a member who only faced indictment. Only Confederates or convicted felons. THE HITCHHIKER’S GUIDE TO THE DEMOCRATS’ GAMBIT TO EXPEL SANTOS – OR EMBARRASS THE GOP Across the Capitol Rotunda, Sen. Bob Menendez, D-N.J., faces indictment and accusations of being a foreign agent on behalf of Egypt. Menendez has refused to step down – much to the dismay of his fellow Democrats. Like House Republicans, Senate Democrats also have a narrow majority going into 2024. Democrats face an uphill climb to hold the Senate as many Democrats face re-election in swing or red states. After the Santos expulsion, you can bet that Republicans will now make sure that vulnerable senators facing re-election – ranging from Sen. Jon Tester (D-MT) to Sen. Sherrod Brown (D-OH) – will be asked where they stand on expelling Menendez. A new standard was set today in Congress – for good or ill. Politically, Republicans scored a minor victory today. Yes, the House majority is now smaller. But the House is now rid of Santos. And simultaneously, the Santos expulsion manufactured an issue which may help Senate Republicans in 2024. CLICK HERE TO GET THE FOX NEWS APP And for the record, Rep. Rob Menendez (D-NJ), the son of the the indicted senator, voted today to expel Santos.
VA’s role in migrant medical care draws scrutiny from advocates as border crisis intensifies

A long-standing arrangement between the Department of Veterans Affairs and Immigration and Customs Enforcement (ICE) to process claims for migrant medical care is drawing scrutiny from veterans’ advocates — who are concerned that it could affect the agency’s mission of caring for veterans — amid an ongoing border crisis and existing complaints about the care delivered to veterans. “I’d like to understand why the VA is involved,” Russ Duerstine, executive director of Concerned Veterans for America and a veteran of the United States Air Force, told Fox News Digital. When an illegal immigrant under ICE detention requires healthcare, they are typically treated on-site by medical professionals. However, if specialist or emergency care is required, they may be transported to an independent private provider. VETERANS PLAGUED BY ERRORS IN HEALTH BENEFIT SYSTEM DUE TO COMPUTER MISHAP In such cases, ICE contracts with the VA’s Financial Service Center (VA-FSC) to process reimbursements to those providers. According to a report from July, ICE has hundreds of letters of understanding in which ICE’s Health Service Corps (IHSC) will reimburse providers at Medicare rates. That uses the VA-FSC’s Healthcare Claims Processing System — a portal that allows providers to submit and view claims and access other resources. The arrangement long predates the Biden administration. It was outlined in a 2020 memo during the Trump administration, and the VA told Fox News Digital that it has an interagency agreement with the IHSC since 2002 to provide processing. The agency stressed that it is not the VA that either provides healthcare or pays for it. “VA does not provide or fund any health care services to individuals detained in [ICE] custody. At no time are any VA health care professionals or VA funds used for this purpose,” VA press secretary Terrence Hayes told Fox News Digital. “[IHSC] provides and pays for all health care services for individuals detained in its custody.” SENATE DEMS SAY ANY CHANGES TO ASYLUM SYSTEM MUST BE COUPLED WITH AMNESTY FOR ILLEGAL IMMIGRANTS Hayes said the FSC, which is part of the VA’s Office of Management, is a “franchise fund organization that offers medical claims processing services to VA and other government agencies.” Under the agreement with IHSC, ICE pays fees for the claims processing services rendered and covers disbursements made to pay for claims. “IHSC is solely responsible for the authorization of health care services and obtaining the providers to deliver the health care,” he said. In a statement, ICE also said that the VA does not provide or fund any services to ICE detainees, instead providing funding to the VA-FSC for reimbursements, and that IHSC executed an operating budget of nearly $352 million on the “spectrum of healthcare services” to people in ICE custody in FY23. But the arrangement has surprised some advocates for veterans, as well as ICE and Border Patrol agents Fox News Digital spoke to who are themselves veterans. VA officials were also asked about the arrangement at a Senate hearing last month by Sen. Jerry Moran, R-Kan., and said they were not aware of it. Darin Selnick, who served as veterans’ affairs adviser on the Domestic Policy Council during the Trump administration and also as a senior adviser to the VA secretary, said the arrangement was also a surprise to him and others he knew who served during the administration. He believes it would have been stopped if it was more widely known among officials. “In my position, we would have stopped this, because if the VA had the extra ability to do this, then they should have been doing it for the veterans and not for another agency,” he said. Duerstine, of Concerned Veterans for America, said he would like to see Veterans’ Affairs committees in Congress take a deeper look into the VA’s role. “That is the solution we need to have,” he said. It also comes amid a historic crisis at the border, which saw more than 2.4 million migrant encounters by authorities at the southern border — although the Biden administration has moved away from detaining immigrants, including family units. But it also comes amid ongoing tensions between veterans’ advocates and the VA over the use of community care, with the VA indicating they want to encourage the use of VA facilities rather than the use of independent providers and reimbursement. Video from an August employee town hall provided to Fox showed Under Secretary of Veterans Affairs for Health Shereef Elnahal telling employees that the goal is to “reduce our reliance on community care” by maximizing care at VA facilities. He told employees to “press the easy button less with community care.” “We should be relying on ourselves first and foremost more than anybody else,” he said, adding that “unless we maximize the number of veterans we see while also preventing burnout to the extent that we can, we cannot meet the mark for what veterans deserve.” CLAIMS BACKLOG AT VA WILL DOUBLE TO 400K AS WORKERS FACE INCREASED RISK OF BURNOUT: REPORT The VA has pushed back on claims that it is not providing adequate health care, pointing to statistics showing it provided the most health care appointments to veterans in VA history and trust scores reached 91%. Additionally, there were more than 44 million appointments via community care, the most in the agency’s history. It has also highlighted high ratings of VA healthcare facilities, outpacing non-VA facilities, and a review of studies that suggest VA care is as good as, or better than, non-VA hospitals. But the VA has also been struggling with burnout, and broader concerns about staffing shortages and backlogs in processing claims. Duerstine said the VA-ICE arrangement would probably be less of an issue if “the VA was not letting veterans down.” “That is the real issue, veterans not getting health care they deserve through community care and being blocked every step of the way. There’s no excuse for it,” he said. Selnick said there was a “history of a backlog of medical claims which has resulted
House Republicans anticipate vote to formalize Biden impeachment inquiry ‘soon’

A vote to formalize the impeachment inquiry of President Biden is likely to come before the House of Representatives breaks for the December recess, multiple Republicans said Friday. House Rules Committee Chairman Tom Cole, R-Okla., told reporters he expected his committee to get the legislation “sometime next week,” which will likely tee up a House-wide vote shortly thereafter. Rep. Carlos Gimenez, R-Fla., said he anticipates a House-wide vote “before we will break” on December 15. “I think that every Republican should be convinced about voting for the impeachment inquiry, there’s plenty of smoke there,” Gimenez said. WEISS SAYS HE ‘WASN’T GRANTED’ SPECIAL ATTORNEY AUTHORITY IN HUNTER BIDEN PROBE DESPITE REQUEST: TRANSCRIPT They spoke after a closed-door House GOP Conference meeting where the three chairmen investigating Biden and his family – Oversight Chairman James Comer, R-Ky.; Judiciary Chairman Jim Jordan, R-Ohio; and Ways & Means Chairman Jason Smith, R-Mo. – reiterating their case for lawmakers. Republican Study Committee Chairman Kevin Hern, R-Okla., said the meeting was held “to see where the votes are and make sure everybody’s communicated with, people have had their chance to understand what an impeachment inquiry is versus impeachment.” HOUSE OVERSIGHT SUBPOENAS HUNTER BIDEN, JAMES BIDEN, ROB WALKER FOR TESTIMONY AMID IMPEACHMENT INQUIRY “It’s important we get it done as soon as possible so that we can move forward with this investigation,” Hern said. Rep. Greg Murphy, R-N.C., said a vote would likely come “soon” and contrasted the push to formalize Republicans’ impeachment inquiry with how House Democrats handled former President Trump, moving forward with the impeachment process without a House-wide vote. “We’re actually trying to do it the right way,” Murphy said. Former Speaker Kevin McCarthy, R-Calif., directed the House to open an impeachment inquiry into Biden in September, but the White House has dismissed the probe as illegitimate without a formal vote on the matter. The administration’s resistance to cooperating with House investigators’ subpoenas has inspired even Republicans in districts won by Biden in 2020 to support formalizing the inquiry. SPEAKER JOHNSON: BIDEN ENGAGING IN ‘COVER-UP’ OF ROLE IN HUNTER BUSINESS DEALINGS, IMPEACHMENT PROBE CONTINUES Rep. David Schweikert, R-Ariz., told Fox News Digital, “This is what the administration has asked for.” “The administration made it very clear, they weren’t going to actually work with our constitutional authority, unless we did the vote. Fine,” Schweikert said. Rep. John Duarte, R-Calif., said he would “very, very, firmly support” authorizing an impeachment inquiry. “I believe we have an unregistered foreign agent as our President of the United States and I believe the evidence is in place already to establish that,” he said. Asked when he believed a House-wide vote could occur, Duarte said, “I think, if we have the votes, it would be by the end of the year.” Oversight Democrats sent out a 5-page memo Friday morning rebutting Republicans’ claims, citing a “mountain of evidence” they said clears Biden of any wrongdoing. “Rather than accept these facts, Republicans have resorted to cherry-picking and distorting facts in order to justify continuing this sham investigation aimed at satisfying the demands for retribution of President Trump who was twice indicted and now faces 91 felony counts,” the memo read.
Rep. Rosendale demands answers from Mayorkas on CBP document instructing agents to use preferred pronouns

FIRST ON FOX: Rep. Matt Rosendale, R-Mont., is demanding answers by Dec. 8 from the U.S. Dept. of Homeland Security on an internal U.S Customs and Border Protection memo that mandates patrol agents must address “members of the public” using their preferred pronouns. “We are facing an invasion at our southern border, and the Biden Administration is more concerned with adhering to the feelings of transgender illegals,” Rosendale told Fox News Digital in a statement. In a letter to U.S. Secretary ALejando Mayorkas on Friday, which was co-signed by Rep. Andy Biggs, R-Ariz., and Rep. Mary Miller, R-Il., Rosendale sought clarification on how asking the pronouns of illegal migrants contributes to border security. He also inquires about consequences for agents who don’t comply, questioning if the White House prompted this guidance, and asks if the Department of Homeland Security acknowledges the biological concept of two sexes. GOP LEADERSHIP SAYS NATIONAL SECURITY PACKAGE MUST INCLUDE STRICTER BORDER POLICIES TO PASS SENATE “The biological sex of an illegal alien is a vital piece of information CBP, and other federal law enforcement agencies can use to identify illegal aliens and connect individuals to repeat border crossing offenses or criminal activities,” Rosendale wrote. “These senseless guidelines hinder CBP’s ability to do their job and prevent the American public from knowing the truth about who is illegally entering the United States.” Rosendale’s letter comes as the Heritage Foundation’s Oversight Project obtained an internal CBP document and shared it with Fox News Digital, which prohibits agents from using “he, him, she, her” pronouns when initially interacting with members of the public. “DO NOT use ‘he, him, she, her’ pronouns until you have more information about, or provided by, the individual,” reads the memo obtained by Heritage via Freedom of Information Act (FOIA). CBP MEMO ORDERS AGENTS NOT TO MISGENDER ‘MEMBERS OF THE PUBLIC’ The memo encourages agents to use “a universal greeting, such as ‘Good Morning’ or ‘Good Evening’ in the initial greeting.” “If an incorrect pronoun is used and corrected by the individual, acknowledge the oversight and use the correct pronoun,” the memo reads. It also lists “key terms” with definitions next to each: bisexual, gay, gender expression, gender identity, gender non-conforming, intersex, lesbian, non-binary, queer, questioning, sex assigned at birth, sexual orientation, transgender, transgender woman, transgender man and transitioning are all listed. “This job aid provides guidance to all CBP employees who interact with members of the public to help facilitate effective communication with the diverse public we serve, including individuals who identify as lesbian, gay, bisexual, transgender, queer or questioning, intersex, non-binary, and gender nonconforming (LGBTQI+),” the memo’s introduction reads, adding that the guidance “should be used by all CBP employees.” It also notes that the terms and definitions “are not universal” and that some LGBTQ individuals “may define these terms differently and the meanings of the terms may change over time.” THOUSANDS OF CHINESE NATIONALS, GOTAWAYS AT SOUTHERN BORDER SINCE OCT 1: SOURCES Fox News Digital has reached out to the DHS for comment.
These four House Dems voted ‘present’ or against expelling George Santos from Congress

New York Republican Rep. George Santos was expelled from the House of Representatives in a historic vote on Friday, but four Democrats either voted “present” or against kicking the controversial lawmaker out of Congress. Santos’ fate was sealed when 311 House lawmakers voted to expel him, while 114 voted against it. The tally includes 105 Republicans and 206 Democrats who voted to remove him and 112 Republicans and two Democrats who voted to keep him in office. The two Democrats who bucked their party and voted to keep Santos in Congress were Virginia Rep. Bobby Scott and Georgia Rep. Nikema Williams. “George Santos is not worthy of serving in the House of Representatives,” Williams said in a statement. “He will likely be convicted of the crimes of which he has was accused. This is the People’s House – and although the House Ethics Committee findings were damning, the people of New York’s Third Congressional District should decide who represents them. I’ll always side on giving power to the voters.” EMBATTLED GOP REP. GEORGE SANTOS EXPELLED FROM HOUSE Two other Democrats, Texas Rep. Al Green and Illinois Rep. Jonathan Jackson, voted present. Jackson said he did so because the ethical events transpired as Santos ran for office, an Axios reporter wrote on X. “I don’t think it’s our responsibility … If he was doing misconduct in office, we should certainly take him out,” Jackson told the reporter. Expelling a member of Congress takes a two-thirds majority vote. The last time a House lawmaker was expelled was over two decades ago when the late former Ohio Democrat Rep. Jim Traficant was voted out of Congress in 2002. Traficant was convicted of 10 felony counts, including racketeering and taking bribes before his ousting. HOUSE ETHICS COMMITTEE HEAD TO MOVE TO EXPEL GEORGE SANTOS AFTER RELEASE OF DAMNING REPORT Santos has not been convicted of a crime, but he’s been indicted on 23 counts related to wire fraud, identity theft, falsification of records, credit card fraud, and other charges. He’s also accused of using campaign funds on several luxury goods and treatments such as Botox. He has pleaded not guilty. Santos said he expected to be expelled from Congress during a Friday morning interview on “Fox & Friends.”
Another GOP candidate enters crowded primary for Michigan Sen. Stabenow’s seat

Detroit-area businessman Sandy Pensler launched his second campaign for U.S. Senate on Friday, joining close to a dozen other Republican candidates in Michigan who are hoping to flip the open seat for the first time in over two decades. Pensler lost the GOP primary for Senate in 2018 by over 9 percentage points to now-U.S. Rep. John James, who would go on to lose to incumbent Democratic Sen. Debbie Stabenow. Pensler poured millions into his primary bid at the time. “The American experiment is in big trouble. It’s burning,” Pensler said in campaign video Friday. “I believe we can turn it around but we need to apply basic morals, take responsibility and fight like hell.” EX-HOUSE REPUBLICAN WHO VOTED TO IMPEACH TRUMP RUNNING FOR SENATE IN MICHIGAN Pensler joins a crowded field of Republican candidates that includes former U.S. Reps. Mike Rogers and Peter Meijer and former Detroit Police Chief James Craig. The Republicans are vying for a seat that’s been held by Democrats since 2001 but that will be vacated by Stabenow, who is retiring at the end of next year. U.S. Rep. Elissa Slotkin has led a field of Democratic candidates that also includes actor Hill Harper. Slotkin had nearly $4 million more in the bank than any other Senate candidate through September, according to campaign finance numbers released in October. Pensler owns Pensler Capital, an investment group, and The Korex Cos., which manufactures detergents and cleaners. In 2018, Pensler said that he contributed nearly $5 million of his own money to jumpstart his campaign. In his campaign video posted to social media, Pensler said it was time to take “the Senate back from the morons.” Former President Donald Trump’s potential endorsement in the Senate race could have a large impact in a state that he won in 2016. Trump endorsed James over Pensler in 2018.