Classified documents at Biden’s home were tipping point for a special counsel: Sources

ABC News

(WASHINGTON) — Sources familiar with the matter tell ABC News the December discovery of classified documents inside President Joe Biden’s Wilmington, Delaware, home served as a tipping point in the lead-up to a special counsel.

That was the moment, sources said, that it became almost certain in the minds of investigators that an outside prosecutor would likely have to be appointed to look into Biden apparently retaining sensitive records from his time as vice president.

On Thursday, Attorney General Merrick Garland announced he had done just that, naming Robert Hur as special counsel and citing the recommendation of U.S. Attorney for the Northern District of Illinois John Lausch, who was reviewing the matter.

While it remains unclear if Biden played any role in the classified documents being in his home or if he was personally aware they were there, sources said their presence meant there would need to be more intensive investigation.

It’s not unusual for presidents to take classified materials out of the White House while they are in office. But the records at issue were from Biden’s vice presidency, which ended in 2017, his lawyers have said.

As one source said, classified documents from Biden’s time as vice president being discovered in November at his old office at the Penn Biden Center — a Washington, D.C., think tank — could more quickly be explained away. But additional materials being found at his residence raised the specter of him having some kind of personal involvement or interest in them being there.

The sources said that while all the documents, including those found at the Penn Biden Center, are being studied for a damage assessment, the records at Biden’s house in Delaware will be closely looked at to see if it suggests the president may have been able to use them for personal, financial or some other gain. 

Garland has been careful to try and make clear that he is running the Justice Department independently, without any favoritism toward President Biden, who appointed him.

The discovery of the classified documents at Biden’s office and home late last year came around the same time Garland was grappling with whether to appoint a special counsel to investigate Donald Trump’s alleged mishandling of classified documents at his Mar-a-Lago resort in Florida, after the former president left the White House. 

Within days of classified documents being found at Biden’s old office, Trump announced he was running for president and Garland announced the appointment of Jack Smith as special counsel in that case, citing “extraordinary circumstances.” 

At the time, the public didn’t know that Garland was already aware of the discovery of classified records from the period when Biden was not in office.

Even more documents being located last week made it clearer that a special counsel was needed, sources told ABC News. 

Department of Justice officials have emphasized that they’ve made no determination on whether Biden intended to break any law — but that they now must figure out as best they can what happened with the classified records, and they cannot merely rely on the account from the Biden team.

One critical question is why there was not a more exhaustive search of Biden’s residence after the December discovery.

An attorney for Biden, Richard Sauber, said last week that the White House will cooperate with the DOJ investigation.

“We are confident that a thorough review will show that these documents were inadvertently misplaced, and the President and his lawyers acted promptly upon discovery of this mistake,” Sauber said in a statement.

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Biden classified documents need to be reviewed for national security risks, Schiff says

ABC News

(WASHINGTON) — Rep. Adam Schiff, a former chair of the House Intelligence Committee, said Sunday that classified documents recently discovered to be in President Joe Biden’s possession from his time as vice president need to be assessed for their national security implications.

“I don’t think we can exclude the possibility without knowing more of the facts,” the California Democrat said of the Biden documents during an appearance on ABC’s “This Week” when pressed by co-anchor Jonathan Karl about any national security risks.

Schiff said that he would like to see more information from the intelligence community on the details of the documents, noting that he expects similar details regarding the trove of classified materials that were recovered from former President Donald Trump’s Mar-a-Lago resort.

“We have asked for an assessment in the intelligence community of the Mar-a-Lago documents,” Schiff said. “I think we ought to get that same assessment of the documents found in the think tank as well as the home of President Biden. I’d like to know what these documents were. I’d like to know what the [intelligence community’s] assessment is, whether there was any risk of exposure and what the harm would be and whether any mitigation needs to be done.”

Beginning last week, the White House acknowledged in a series of statements that Biden’s attorneys in November found classified records from his time as vice president while they were packing up his files at an old office in Washington, D.C.

Further searches by Biden’s team found classified records at his home in Wilmington, Delaware, according to the White House, which disclosed the matter to the public amid news that the Department of Justice was investigating.

The president is cooperating and his lawyers quickly flagged the issue to the National Archives in the fall, his aides have stressed.

On “This Week,” Karl asked Schiff whether the White House had been forthcoming enough, given the two-month delay since the initial documents were discovered before the 2022 midterm election.

“I think the administration will need to answer that question. I’m going to reserve judgment until they do,” Schiff said.

He said he thought Attorney General Merrick Garland made the right decision to appoint a special counsel to review Biden’s handling of the sensitive documents — a view echoed by Republican Rep. Don Bacon of Nebraska and Democratic Sen. Raphael Warnock of Georgia, who also appeared on “This Week” on Sunday.

“The attorney general has to make sure that not only is justice evenly applied, but the appearances of justice are also satisfactory to the public. And here, I don’t think he had any choice but to appoint a special counsel,” Schiff said. “And I think that special counsel will do the proper assessment.”

But, he said, “I still would like to see Congress do its own assessment of and receive an assessment from the intelligence community of whether there was an exposure to others of these documents, whether there was harm to national security in the case of either set of documents with either president.”

Schiff criticized new House Oversight Committee Chair James Comer, R-Ky., who has notified the Biden White House of a congressional probe but said last year that looking at Trump’s handling of classified documents “will not be a priority.”

“Those requests [to the Biden White House] are completely hypocritical when you consider what he said about the Mar-a-Lago situation. I think Congress ought to handle both situations the same way,” Schiff said.

And while “the Biden administration ought to cooperate with any appropriate inquiry from Congress,” Schiff said, oversight efforts shouldn’t be used as political roadblocks.

“Congress shouldn’t try to interfere with the investigations. I think, sadly, that’s what Mr. Comer’s object is,” Schiff said.

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Biden reflects on MLK in sermon at his Atlanta church: ‘Progress is never easy, but it’s always possible’

ABC News

(ATLANTA) — President Joe Biden on Sunday delivered a sermon at Martin Luther King Jr.’s former church in Atlanta, celebrating the late civil rights leader’s life and legacy and reflecting on the progress that Biden said was still left to be made.

Speaking at Ebenezer Baptist Church, where King had preached, Biden spoke on what would have been King’s 94th birthday of what he called an “inflection point” in the country.

The president said that the assassinated preacher and activist’s teachings offer a path forward.

“It’s still the task of our time to make that dream a reality, because it’s not there yet. To make Dr. King’s vision tangible, to match the words of the preachers and the poets with our deeds,” Biden said. “The battle for the soul of this nation is perennial. It’s a constant struggle. It’s a constant struggle between hope and fear, kindness and cruelty, justice and injustice, against those who traffic in racism, extremism and insurrection. A battle fought on battlefields and bridges, from courthouses and ballot boxes to pulpits and protests.”

“At our best, the American promise wins out,” the president said. “At our best, we hear and heed the injunctions of the lord and the whispers of the angels.”

“But I don’t need to tell you that we’re not always at our best. We’re fallible, we fail and fall,” he continued. “But faith and history teach us that however dark the night, joy cometh in the morning.”

Biden’s speech referenced voting rights, which he unsuccessfully sought to expand in the first two years of his term and has vowed to continue focusing on, though it’s unlikely he’ll be able to get legislation through a GOP-controlled House.

“Progress is never easy, but it’s always possible. And things do get better in our march toward a more perfect union,” he said. “But at this inflection point, we know there’s a lot of work that has to continue on economic justice, civil rights, voting rights, protecting our democracy. And I’m remembering that our job is to redeem the soul of America.”

Biden’s sermon on Sunday marked the first time a sitting president had addressed the famed church, and voting rights had been anticipated to be at the fore.

Last year, King’s eldest son, Martin Luther King III, told Biden and members of Congress they needed to use the “same energy” behind passing the bipartisan infrastructure law and other bills to “ensure all Americans have an unencumbered right to vote.”

Vice President Kamala Harris also used remarks delivered virtually to Ebenezer Church last year to call on the Senate to “do its job” and pass voting rights legislation.

But it ultimately stalled, despite Biden’s push to change the filibuster rules to get two pieces of national voting rights bills to the finish line.

Some Republicans also criticized Democrats’ voting proposals as allowing the federal government to interfere in states’ authorities on elections.

Biden spoke on Sunday at the invitation of Raphael Warnock, Georgia’s junior senator, who has been the pastor at the church since 2005.

Following his sermon at Ebenezer, Biden will join Rev. Al Sharpton and the National Action Network in Washington on Monday. There, he will deliver the keynote address to commemorate Martin Luther King Day.

“In the last two years, President Biden has shown a relentless commitment to not only upholding but expanding civil rights in the United States,” Sharpton said in a statement. “As we prepare for a pivotal year ahead, with the future of democracy at stake, the National Action Network is thrilled to welcome President Biden to our annual MLK Day Breakfast. I look forward to hearing how we work together in 2023 to ensure we continue Dr. King’s dream for a fairer America.”

Rep. Nancy Pelosi, Martin Luther King III and more will also be in attendance for the National Action Network event.

In a proclamation on the holiday, Biden said King “imagined a different future for America” but that the “work continues because it remains unfinished.”

“On this day of commemoration, service, and action, let us hold up a mirror to America and ask ourselves: What kind of country do we want to be?” Biden said. “Will we honor Dr. King’s legacy by rising together — buttressed by each other’s successes, enriched by each other’s differences, and made whole by each other’s compassion? I believe we can.”

ABC News’ Justin Gomez contributed to this report.

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Sen. Warnock supports special counsel in Biden classified documents case

ABC News

(WASHINGTON) — The Department of Justice was right to appoint a special counsel to investigate President Joe Biden’s handling of classified documents, Georgia Democratic Sen. Raphael Warnock said on Sunday.

“Classified documents are to be taken seriously and they are to be handled with a great deal of care and no one is above the law,” Warnock told ABC “This Week” co-anchor Jonathan Karl. “So I’m glad to see the Justice Department doing its work, and we ought to let that work proceed.”

The White House has acknowledged that multiple sets of documents with classified markings, including those from Biden’s time as vice president, were found at an old office that Biden used and at his home in Delaware.

On “This Week,” Karl pressed Warnock: “The White House knew about this back in November, even before the midterms. Do you think that they should have told us about this earlier?”

“The Justice Department is engaged in the investigation and that’s one of the questions that I think they will explore. And I don’t want to get in front of that investigation,” Warnock said.

He also said he was “glad to see that the president and his administration are cooperating.”

Attorney General Merrick Garland announced Thursday that a special counsel, Robert Hur, would lead the investigation into the Biden documents. The White House has stressed that it was Biden’s team who first flagged the materials to the government and that they intend to be cooperative.

“We need to get to the bottom of this so that we don’t see this kind of thing happen again,” Warnock said on “This Week.”

The recently reelected senator was also asked about his priorities in the “incredibly divided Congress,” where Democrats hold a two-seat majority in the Senate and Republicans have a five-seat advantage in the House.

Warnock touted being “the 18th most bipartisan senator in the Senate,” which he linked to his background in the church. Since 2005, he has been the senior pastor of Atlanta’s Ebenezer Baptist.

“When you’re a pastor, you have to welcome and embrace whoever comes through that door, and I look forward to getting good things done for the people of Georgia and for the American people,” he said.

But there were limits to those negotiations, including around raising the debt ceiling that the federal government will soon reach, risking a historic default on its debts.

Republicans have called for a borrowing increase to be tied to spending cuts, which the White House has rejected. Warnock said the process shouldn’t become chaotic.

“We have to make sure that we don’t make the work in D.C about the politics. We can do deficit reduction, we can deal with national debt. But at the same time, the last thing we ought to do is playing chicken with the American economy,” he said. “We’ve been through the onslaught of a very long pandemic that has created a lot of challenges for the American families. They pay their bills. I think they expect the government to pay its bills.”

“We can do this on a bipartisan basis, as we’ve done time and time again,” Warnock said. 

Looking ahead to 2024, Warnock — who has endorsed Biden’s expected reelection bid — played down his own ambitions for the White House when Karl asked if he would consider it, should Biden not run.

“You should take a look at my life. I’m a junior U.S senator for Georgia. I continue to lead the Ebenezer Baptist church and I have a 6-year-old and 4-year-old who I owe a trip to Disney world,” Warnock said. “I’m going to remain focused on the people of Georgia and try to get a nap.”

Later Sunday, Warnock will be joined by President Biden at Ebenezer Baptist, the same church where Martin Luther King Jr. himself preached

King would have turned 94 on Sunday.

Warnock was asked by Karl who, today, embodies King’s moral leadership. The senator pointed to King’s memorial on the National Mall — “a Black man who grew up in the segregated south, who came in the 20th century to articulate the meaning of the American dream perhaps more effectively than anybody.”

“What it shows any one of us, if we’re deeply committed, if we’re driven by the North Star of our moral compass, if we center the concerns of other people rather than just ourselves, we can have an impact in a powerful way,” Warnock said.

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Risk of default is ‘real’ if Democrats, Republicans can’t compromise on debt ceiling: Bacon

ABC News

(WASHINGTON) — Rep. Don Bacon, R-Neb., warned Sunday that there is a concerning risk of a default on the federal government’s debts if Democrats and Republicans are unable to compromise on raising the nation’s rapidly approaching borrowing limit.

“I think it is a real threat that both sides have to take serious,” Bacon told ABC “This Week” co-host Jonathan Karl.

“The Republicans were largely elected to get control of reckless funding. That’s the mission that their voters have given them. So, when President [Joe] Biden says he’s going to refuse to negotiate with Republicans on any concessions, I don’t think that’s right either,” Bacon said, referring to Biden’s vow not to tie a debt ceiling increase to cuts to government programs like Medicare and Social Security.

Some conservatives have said they want a deal on the borrowing limit to include a decrease on spending, reviving a similar strategy used during the Obama administration.

Speaker Kevin McCarthy contended last week that the government needed to change its spending, some of which he called “wasteful.”

Bacon on Sunday said that the White House and Democratic lawmakers must come to the table, but the narrow divide in Congress means the goal should be compromise for both parties.

“On our side, we have to realize, we control the House … the Senate is run by the Democrats … and the president is obviously from the Democrat Party, so we can’t get everything we want either,” Bacon said.

Concerns over the debt ceiling spiked when Treasury Secretary Janet Yellen told congressional leaders last week that the U.S. would likely hit the $31.4 trillion limit on Thursday.

After that, Yellen said, the government would use “extraordinary measures” and its current cash flow to stave off a default for several months, likely until at least June. The temporary measures could include cuts to investing in government employees’ retirement funds.

Ultimately, the only way to avoid default is if Congress authorizes more borrowing. The Biden administration has said it will seek to pass only a “clean” increase in the limit without any related cuts.

Bacon said on “This Week” that “I want our side to negotiate with the Democrats in good faith, but President Biden has to also negotiate.”

“He can’t say he refuses to negotiate. That’s a nonstarter as well,” Bacon argued, “because the mission we’ve been given is to control reckless spending, which has been not the only contributor but one of the main contributors to inflation.”

The Nebraska lawmaker said the president hadn’t yet reached out to him on the debt ceiling after reports surfaced this week that the administration had begun contacting Republicans who they believe might vote with Democrats to raise the limit.

“In the last two years, he’s invited the Republican leadership to the White House twice. That’s not a very good record,” Bacon said. “And we’ve got to do our part, too.”

Reacting to Biden documents special counsel

Separately, Bacon said he supports Attorney General Merrick Garland’s appointment of a special counsel to investigate Biden’s handling of classified documents after some sensitive materials from Biden’s time as vice president were found to still be in his possession, including at an old office he used.

Other documents with classified markings were also found at Biden’s home in Delaware, according to the White House.

Bacon noted differences between Biden’s handling of the issue — including cooperating with the National Archives and the Department of Justice — and former President Donald Trump’s reluctance to hand over similar documents. But equal treatment was warranted in the eyes of the public, Bacon said.

“I think the American people see how President Trump’s been treated on one hand and they want to see a sense of fairness,” he said. “Granted, the situations are different, but they’re both about classified information being in areas that’s illegal and the improper handling of highly classified information. So, I think it shows a sense of fairness to have a special counsel for both.”

He criticized some “hypocrisy” from Democrats and Republicans alike in how they were talking about the controversies. He pointed to how Biden had been sharply critical of Trump’s possession of classified materials after leaving office.

Bacon cited “that old adage — ‘if you live in a glass house, do not throw stones.’ And I think that President Biden was caught throwing stones.”

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Explainer: DOJ probes draw attention to the Presidential Records Act

ABC News

(WASHINGTON) — Two federal investigations into the handling of classified documents have drawn attention to a decades-old law governing presidential records.

Attorney General Merrick Garland on Thursday appointed a special counsel to investigate President Joe Biden’s handling of classified documents, including materials he kept from his time as vice president.

The development comes two months after Garland appointed a special counsel to oversee the Department of Justice’s investigation into former President Donald Trump’s handling of classified materials after leaving office.

Both matters have raised concerns over potential violations of the Presidential Records Act of 1978, which requires that records created by presidents and vice presidents be turned over to the National Archives and Records Administration at the end of their administrations.

Why was the law created?

The Presidential Records Act was a response to the Watergate scandal and former President Richard Nixon’s plans to have Oval Office recordings destroyed. The law, which has applied since the Reagan administration, makes presidential records the property of the federal government — as opposed to the personal property of the president — to ensure their preservation.

What are considered presidential records?

Under the act, presidential records are defined as “documentary materials” created or received by the president “in the course of conducting activities which relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President.”

The Presidential Records Act also applies to records created by the White House Office and Office of the Vice President, as well as other components of the Executive Office of the President.

These records, which include all classified documents, can be in any media — including textual, electronic and audiovisual records — and could amount to hundreds of millions of materials in each administration.

The White House security office in every administration is tasked with properly preparing staff to preserve their records and ensure that all government documents — including those that may be classified — are accounted for and ultimately turned over to the National Archives and Records Administration when the president leaves office.

What becomes of the records?

At the end of the president’s term, the National Archives and Records Administration immediately becomes the legal custodian of the presidential records and is responsible for maintaining the materials for the development of a future presidential library.

The Presidential Records Act allows for public access to presidential records through the Freedom of Information Act, starting five years after the end of the administration. The president can restrict access to certain information for up to 12 years after leaving office.

The archivist can dispose of presidential records that they have “determined to have insufficient administrative, historical, informational, or evidentiary value to warrant their continued preservation.”

What happens if the act is violated?

In the Biden and Trump probes, the respective special counsels are investigating whether classified and sensitive information was mishandled in violation of any federal laws.

Rep. Mike Turner, the top Republican on the House Intelligence Committee, said in a letter Tuesday to Director of National Intelligence Avril Haines that the discovery of classified information at Biden’s former office “would put President Biden in potential violation of laws protecting national security, including the Espionage Act and Presidential Records Act.”

Former Rep. Carolyn Maloney had expressed concern last year that records from when Trump was in office “appear to have been removed from the White House in violation of the Presidential Records Act.”

The special counsel in Biden’s case is looking at how documents ended up in his office and his home in Wilmington, Delaware, whereas Trump’s case also involves investigating potential crimes related to the mishandling of records, such as obstruction of justice.

Violations of the Presidential Records Act are seldom pursued and even more rarely prosecuted, making for little precedent in these matters. Prior to the appointment of a special counsel for Trump’s probe, legal experts told ABC News they were skeptical that the DOJ would take the unusual step of seeking criminal charges against a former president for violating the Presidential Records Act.

Trump, who is running for president for a third time, has dismissed the DOJ’s investigation as “political” and defended himself as “innocent.”

The Biden White House has said an investigation will show the classified materials were “inadvertently misplaced, and the president and his lawyers acted promptly upon discovery of this mistake.”

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More classified documents found at Biden’s Wilmington home, White House counsel says

Caroline Purser/Getty Images

(WASHINGTON) — Five more classified documents have been found at President Joe Biden’s home in Wilmington, Delaware, according to a new statement from White House counsel Richard Suaber.

Suaber said the personal attorneys for the president, who do not have security clearances, stopped searching the residence after discovering a document Wednesday with a classified marking in a room adjacent to the garage.

“Because I have a security clearance, I went to Wilmington Thursday evening to facilitate providing the document the President’s personal counsel found on Wednesday to the Justice Department,” Suaber said. “While I was transferring it to the DOJ officials who accompanied me, five additional pages with classification markings were discovered among the material with it, for a total of six pages. The DOJ officials with me immediately took possession of them.”

This latest set adds to the discovery of classified documents from Biden’s time as vice president at his previous office at the Penn Biden Center in Washington and in his garage in the Wilmington residence.

This week, Attorney General Merrick Garland appointed former Maryland U.S. Attorney Robert Hur as special counsel to lead the investigation into the handling of the classified records.

Suaber reiterated Saturday that the White House will cooperate with the special counsel.

According to a timeline from Attorney General Garland and Biden’s attorneys, a first set of documents were discovered at the Penn Biden Center on Nov. 2 and given to the National Archives. Biden aides then launched a search for more documents and found “a small number” of additional records in Biden’s garage and an adjacent room, reporting the discovery to the DOJ on Dec. 20.

The White House has been under pressure to explain why it didn’t disclose the matter publicly until this week after media outlets broke the news. Press secretary Karine Jean-Pierre on Friday declined to substantively answer questions on Biden’s handling of classified records, referring nearly all inquiries to the White House counsel’s office and the Justice Department.

Biden’s personal lawyer, Robert Bauer, on Saturday released a statement on the “process and protocol” Biden’s attorneys have taken amid the search for classified documents.

Bauer said whenever a document bearing classified information was found, the search was suspended and the government promptly notified.

“It is for this reason that the President’s personal attorneys do not know the precise number of pages in the discovered material, nor have they reviewed the content of the documents, consistent with standard procedures and requirements,” he said.

“In addition, the President’s personal attorneys have attempted to balance the importance of public transparency where appropriate with the established norms and limitations necessary to protect the investigation’s integrity,” Bauer continued. “These considerations require avoiding the public release of detail relevant to the investigation while it is ongoing.”

Editor’s note: This story has been updated to reflect that the timeline when the first set of documents were discovered is from both AG Garland and the president’s attorneys.

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Treasury secretary says US to hit debt limit on Jan. 19

Alex Wong/Getty Images

(WASHINGTON) — Treasury Secretary Janet Yellen told congressional leaders Friday the U.S. would hit its debt limit next week — setting up a showdown between Democrats, the White House and House Republicans, who have vowed to tie any increase in the debt ceiling to spending cuts.

The nation will reach its $31.4 trillion borrowing limit on Jan. 19, Yellen said in a letter, adding that the Treasury Department will begin implementing so-called “extraordinary measures” to manage the government’s cash flow if lawmakers don’t act to raise it.

“While Treasury is not currently able to provide an estimate of how long extraordinary measures will enable us to continue to pay the government’s obligations, it is unlikely that cash and extraordinary measures will be exhausted before early June,” Yellen wrote in the letter.

Measures could include curtailing investment in some retirement funds.

According to some independent analysts, the U.S. will likely not hit the debt limit until late summer or early fall.

Back in 2011, the debt limit impasse cost the U.S. its AAA rating. The term “extraordinary measures” became familiar at that time.

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DHS allowing noncitizens to report labor violations without jeopardizing immigration status

DHS Photo by Sydney Phoenix

(WASHINGTON) — Noncitizen workers who witness labor violations can now report them without fear of their immigration status being held against them, the Department of Homeland Security announced Friday.

“Individuals should feel free to come forward to complain about labor conditions, because they have certain rights, and their vulnerabilities will not be exploited,” Homeland Security Secretary Alejandro Mayorkas told ABC News in an interview. “Exploitative employers better beware because we are using our investigative and prosecuting authorities to hold them accountable.”

DHS will use the authority they have from deferred action, which gives non-citizens the ability to work in the United States, according to the agency. Deferred action protects noncitizen workers from threats of immigration-related retaliation from the exploitative employers, according to DHS.

“When they come forward and complain about unsafe or unfair labor conditions, they are cooperating in a labor investigation,” Mayorkas explained. “They should know that they are free from retaliation.”

DHS said that often times noncitizen workers don’t report labor violations or cooperate in employment and labor standards investigations “because they fear removal or other immigration-related retaliation by an abusive employer.”

“We have to address the exploitative employers, the unscrupulous individuals who take advantage of individuals by reason of their vulnerability whether that be because they are unlawfully present in the United States or otherwise,” Mayorkas said.

“Refraining from reporting violations due to a fear of immigration-based retaliation creates unfair labor market conditions and perpetuates the commission of unlawful and inhumane acts by employers, including nonpayment of wages, the imposition of unsafe working conditions, and chilling workers’ ability to organize and collectively bargain to improve such conditions,” DHS said.

“My hope is that we create a fair and equitable work environment for individuals regardless of their stature,” Mayorkas said.

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Santos drama puts House Republicans in political bind

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(WASHINGTON) — House Republicans are in a bind over whether and how to punish embattled Rep. George Santos, a lawmaker who both attracts nonstop controversy and holds a critical seat in the narrowly divided chamber.

The New York Republican, who has lied about or embellished his business experience, education, religion, athleticism and more, is swatting away calls for his resignation from Long Island Republicans and a growing number of his GOP congressional colleagues — seven so far.

It’s leaving Speaker Kevin McCarthy, R-Calif., in a conundrum over whether to keep Santos in the fold and face ceaseless questions over his conduct — or banish him with barely any votes to spare given his party’s slim majority.

“His vote is needed but is it really worth it?” one House Republican, granted anonymity to candidly discuss the debate over Santos, lamented when asked about the pickle. “After this s***show, if we keep this up, we won’t have a majority in two years.”

Faced with the choice of choosing a smaller House margin or a bigger headache, it appears that most lawmakers are publicly opting for the headache, claiming his fate is out of their hands.

“Well, that’s something between George and his constituents. So, I think that is what it is. He’s gonna figure that out with people back home,” Rep. Byron Donalds, R-Fla., told reporters Wednesday of the political storm around Santos.

“When you have your local party saying something so vocally that is not a helpful sign, but we are going to leave this up to regular normative process that is both traditional for this body and under the law,” Rep. Patrick McHenry, R-N.C., added, referencing the push from the Nassau County GOP for Santos to step down.

McCarthy and other House leaders have said they plan to handle the issue internally for now and maintain he won’t be kicked out given that has not yet been convicted of any particular crime — a comment in line with House GOP tradition that also helps protect the party’s margins.

“He’s got a long way to go to earn trust. But the one thing I do know is you apply the Constitution equal to all Americans. The voters of his district have elected him. He is seated. He is part of the Republican conference. There are concerns with him, so he will go before [the House Ethics Committee]. If anything is found to be wrong, he will be held accountable exactly as anyone else in this body would be,” McCarthy said Thursday.

Possibly adding to Republicans’ reticence to nudge Santos out or even remove him is New York’s laws regarding how to handle a House vacancy, given New York Democratic Gov. Kathy Hochul’s extensive leeway over when to schedule a special election.

Hochul would have no deadline on when to pick a date for a special election, allowing her to let local Democrats recruit a challenger and trigger the race at an opportune moment — something the party is suggesting it’s planning for.

“If there is a vacancy, we will be ready with a candidate, and we will win back that district,” said Nassau County Democratic Party Chair Jay Jacobs.

Republicans, too, note that the possibility of a lengthy vacancy in a chamber with a tissue-thin margin could play a role in deciding how much pressure to apply to Santos.

Hochul’s power is “very broad,” said Tom Doherty, a former aide to former Gov. George Pataki, R-N.Y. “And that then becomes a very political situation of, when is the best time for that election for Democrats to take place? That’ll be a consideration for her.”

Even if a special election were held soon after a hypothetical resignation, Santos’ seat, anchored in Long Island and parts of Queens, is highly competitive, and a Democratic win would cut into McCarthy’s wiggle room even more deeply than just a vacancy.

“You would fully expect this to be a competitive race, and it’s gonna be more competitive for Republicans now because of the fact that you have Santos, who is sort of tarnished,” Doherty said.

“It’s a headache on a number of levels. It’s a headache because the speaker and his people are going to have to answer about this constantly. But Republicans have a very, very slim margin. So, he needs every vote for the time being,” he said.

Amid the debate over his fate, Santos is insistent that he’ll serve his full two-year term — and suggested Thursday he could even run for reelection.

“I wish well, all of their opinions, but I was elected by 142,000 people. Until those same 142,000 people tell me they don’t want me, we’ll find out in two years,” Santos said on Steve Bannon’s “War Room” podcast, which was guest-hosted by Rep. Matt Gaetz, R-Fla.

Doherty suggested House Republicans’ narrow margin hands Santos leverage, which he could use to beat back pressure on him.

“The only thing that he’s holding on to at the moment is a congressional seat that a lot of people want and that he recognizes is important because Kevin McCarthy and the Republicans in D.C. need the seat,” he said.

Still, the maelstrom is only escalating.

Santos’ campaign and finances are the subject of several investigations now, ramping up his legal risk.

And with new falsehoods being reported nearly daily and a press corps following his every step in Washington, cracks have started emerging in Republicans’ willingness to kick the can down the road, both in New York and Congress.

A group of Nassau County Republicans Wednesday panned Santos’ exaggerations and called on him to step down, with Nassau GOP Chair Joseph Cairo saying at a press conference Wednesday that “he disgraced the House of Representatives, and we do not consider him our congressman.”

Seven House Republicans have also now publicly said that they think he should resign, a group that’s grown alongside the number of allegations about Santos.

“It is clear that George Santos has lost his confidence and support of his party, his constituents, and his colleagues. With the extent and severity of the allegations against him, his inability to take full responsibility for his conduct, and the numerous investigations underway, I believe he is unable to fulfill his duties and should resign,” said Rep. Mike Lawler, R-N.Y., one of the latest member to push for Santos’ ouster.

If Republicans don’t vote to expel Santos, Republicans who want to see some kind of punishment for him are facing a minuscule list of options, short of a penalty from the House Ethics Committee, which is often loathe to dress down a colleague.

McCarthy has already indicated that Santos won’t serve on any top committees — spots on which almost never go to first-term lawmakers anyway — and other Republicans have voiced concerns about Santos sitting on any panel relating to national security.

For others, though, that doesn’t go far enough.

“If we are gonna be kicking Democrats off their committees, then he should be the first to go on our side, too,” the House Republican said. “What’s good for the goose is good for the gander.”

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