In defense of internal polling

In defense of internal polling
In defense of internal polling
Marilyn Nieves/Getty Images

(NEW YORK) — Internal polls are the middle children of the world of elections analysis: often ignored, desperate for attention and chronically misunderstood. But, also like middle children, internal polls are keen observers of their surroundings.

Most polling that makes it out into the open is commissioned by media organizations, colleges and universities, or other public interest groups — like ABC News’s surveys with The Washington Post and Ipsos. But these polls are few and far between compared with the surveys conducted every day for private interests. The phrase “internal polling” refers to surveys conducted exclusively for a campaign or political action committee to inform strategic decisions. Nearly every credible campaign for statewide or congressional office commissions its own polling, choosing from multiple private firms that span the ideological spectrum. Some of the best-funded campaigns keep pollsters on contract, tracking responses to individual questions for months at a time.

These internal polls are usually kept private, for the eyes of the campaign only. Campaigns that can afford to field their own polls have a competitive advantage, one that they’re not inclined to share with their opponents. And while media and academic polls are more likely to focus on questions gauging the political environment — head-to-head matchups in key elections, approval metrics for public figures, questions about policy preferences, etc. — internal polling is usually intended to form a campaign strategy. The client is the campaign itself, not the public at large. And internal polls often hold hints about a campaign’s strategy, testing different messages and approaches to win over voters.

But every now and then, a campaign or PAC that commissions a poll finds it beneficial to share the results with the public. Some campaigns want to show donors or major national organizations that they start off in a strong position in the race, hoping to garner early support; they might share data showing that they lead a head-to-head race or have a high favorability rating. Others publicize polling showing razor-thin margins in order to excite — or outright scare — donors and grassroots supporters. Internal polling can even be used to push opponents to drop out, showing unrecoverable levels of support.

It’s that kind of agenda that makes some political observers cast aside internal polling. But while it’s perilous to read internal polls the same way as nonpartisan polls, they are important to the political analyst tool box.

Nathan Gonzales, publisher of Inside Elections and my former editor, often says that pollsters who are commissioned to conduct internal polling have more “skin in the game.” That’s because accurate polling can mean the difference between winning or losing a campaign — and therefore, winning or losing potential clients. After House Majority Leader Eric Cantor lost his 2014 primary race in an upset, his polling firm, McLaughlin & Associates, found itself the target of Republican ire; just two weeks before Cantor lost, his pollster found him leading by more than 30 points.

“There isn’t a pollster alive — me included — who hasn’t had to take the walk of shame, hat in hand, to explain to an angry client why a predicted outcome simply didn’t happen,” Republican consultant Frank Luntz wrote in a New York Times op-ed in the wake of Cantor’s defeat, calling the internal poll “quantitative malpractice.” At the time, Cameron Joseph reported, “Nearly a dozen Republican strategists who’ve worked with McLaughlin over the years say they try to steer their clients elsewhere.” (McLaughlin made a comeback in 2016 when former President Donald Trump hired it as one of his pollsters.)

“It might be easy to dismiss a survey because it comes from a candidate or a party, but partisan pollsters have a vested interest in having good data because partisan polls are often used to make millions of dollars worth of strategic campaign decisions,” Gonzales told 538. “There’s a tendency to glorify public, nonpartisan polls for their accuracy and importance when I’d argue that some of those entities don’t have as much to lose as a candidate or a party if the numbers are wrong.”

Natalie Jackson now works with Democratic pollster GQR, but she previously worked for reputable nonpartisan pollsters like the Public Religion Research Institute and Marist College. “Every poll is conducted to be accurate,” she said of internal polling. “So if [the campaign is] picking one to release, they are probably being strategic about that. But it’s still an accurate poll.”

But it does take a little extra work to find the value in an internal poll. Before running with any poll, there are a series of questions you should ask yourself, such as whether the pollster is reputable and whether the poll is an outlier — both questions that can be answered (shameless plug alert) with a quick search of 538’s pollster ratings and polling database. For internal polls, however, there’s an extra question: Why am I seeing this poll in the first place?

Sometimes, when private polling makes it out into the open, it truly is a stealth move by the opposition to release internal information. In 2020, Republicans spotted a polling presentation through the windows of the Democratic Congressional Campaign Committee — the committee responsible for winning the House majority. The National Republican Congressional Committee took photos of that presentation and released them to the press.

But that kind of subterfuge is rare. Most of the time, when a private poll goes public, it’s because someone supporting the campaign who has access to the poll wants it to be seen. It’s the campaign itself — which owns the data — that releases the findings, not the pollster.

And, for people following each race, it’s usually not difficult to deduce why a campaign would want those numbers out. For example, in December, Politico published internal polling from businessman Bernie Moreno’s campaign for Ohio Senate, showing him leading the competitive Republican primary. By releasing that poll, his campaign was signaling to potential donors and endorsers that Moreno was a strong candidate. Just about a week later, Moreno won the most important endorsement in the country: one from Trump himself.

But with polls like that, what the campaign isn’t telling you is just as important. Moreno’s polling memo also revealed that the campaign had conducted another poll several months earlier showing Moreno in a weaker position that hadn’t made it to the public’s eyes, showing how much his position had improved since he started introducing himself to voters. It was a good reminder that campaigns typically won’t release internal polls that contain bad news. That means we should read the released polling as the candidate’s best-case scenario — although not an implausible one.

Journalists who report leaked polls also have a responsibility here. Internal polling is only useful when sufficient data is provided. That includes the exact phrasing of the question itself: In polling of a head-to-head race, were respondents given the political party of each candidate named? Were respondents given a “none-of-the-above” option? And, most crucially of all, before voters were asked to choose a candidate, did they hear questions that could have swayed their opinion of the candidates?

As long as political analysts read internal polls for what they are — polls conducted by reputable firms but released by parties with an agenda — they’re just another source of information to consider about an election. “I think a healthy look at a race includes partisan and nonpartisan polling, public and private polling,” Gonzales said. “I’d rather see more data than less data in order to try to identify trends and outliers.”

Copyright © 2024, ABC Audio. All rights reserved.

Nikki Haley beaten by ‘None of these candidates’ option in quirky Nevada primary

Nikki Haley beaten by ‘None of these candidates’ option in quirky Nevada primary
Nikki Haley beaten by ‘None of these candidates’ option in quirky Nevada primary
Marilyn Nieves/Getty Images

(WASHINGTON) — In Nevada’s unusual primary system, which includes a primary and caucus, Nikki Haley, the only Republican in the race aside from Donald Trump, was trounced by “None of these candidates,” an option in the primary ballot, according to an ABC News projection.

With 57% of the expected vote reported statewide for Republicans, “None of these candidates” is leading with 60% of the vote (26,038 votes). Nikki Haley has 33% (14,328), Mike Pence has 4% (1,793) and Tim Scott has 1% (543). Former President Donald Trump is not on the ballot.

The “None of these candidates” option’s lead over Haley had widened by nearly 15 points since the first GOP results dropped around 11:12 p.m. ET.

The Haley campaign did not respond directly to a question about losing to “None of these candidates” in the Nevada primary Tuesday night, instead releasing a statement where they seemingly called Thursday’s GOP caucuses a “game rigged for Trump.”

“Even Donald Trump knows that when you play penny slots the house wins. We didn’t bother to play a game rigged for Trump. We’re full steam ahead in South Carolina and beyond,” the campaign’s statement read.

The winner of Thursday’s GOP contest, where Trump is on the ballot, will earn the delegates who help decide the 2024 nomination.

Nikki Haley, who is GOP front-runner Trump’s only remaining major challenger, is not running in the caucuses. Trump didn’t run in the primary.

As such, Trump is all but guaranteed to win the caucuses and the state’s 26 delegates for the GOP nomination.

The former president has also encouraged his supporters not to “waste” their time with the primary.

The discrepancy between the two contests is because Nevada Republicans wanted to keep their caucuses rather than switch to a new primary, as required by a recent state law.

For Democrats, there was only one contest: the primary on Tuesday, which President Joe Biden is projected to win over author Marianne Williamson and others. (Minnesota Rep. Dean Phillips, however, was not on the Democratic ballot after missing the filing deadline.)

Biden’s projected victory in the Democrats’ primary solidified into Tuesday night. With 71% of the expected vote recorded for Democrats, he has 90% (76,202) of the Democratic vote. The “None of these candidates” option has 6% (4,789) of the vote and Marianne Williamson has 3% (2,117).

Early voting in the primary began on Jan. 27 and ran through Friday. The state has closed primaries, meaning only registered Democrats and Republicans could participate, but ballots are unique in that voters could choose “none of these candidates.”

State significance

Nevada is a key swing state in the 2024 election. In 2020, it narrowly went for Biden.

The president, appearing to be looking toward November’s election, blasted Trump while campaigning in Nevada this past weekend.

“Trump and his MAGA friends are dividing us, not uniting us. Dragging us back to the past, not leading us in the future,” Biden said at a get-out-the-vote rally in North Las Vegas.

Trump, for his part, has labeled Biden as the “real threat … But we keep marching forward.”

Copyright © 2024, ABC Audio. All rights reserved.

RNC Chair Ronna McDaniel discussed stepping down with Trump, sources say

RNC Chair Ronna McDaniel discussed stepping down with Trump, sources say
RNC Chair Ronna McDaniel discussed stepping down with Trump, sources say
RNC Chairwoman Ronna McDaniel delivers remarks before the NBC News Republican Presidential Primary Debate at the Adrienne Arsht Center for the Performing Arts of Miami-Dade County on Nov. 8, 2023 in Miami, Florida. (Joe Raedle/Getty Images)

(WASHINGTON) — Ronna McDaniel, the chair of the Republican National Committee, has discussed with Donald Trump the possibility of resigning from her position after the South Carolina primary, according to multiple sources familiar with the conversation.

Sources caution that discussions are fluid, but if McDaniel steps down, he is likely to support Michael Whatley, who serves as the chairman of the North Carolina Republican Party.

McDaniel has faced pressure to step down for months, with calls only growing after the RNC reported poor fundraising numbers. Trump has hinted changes were coming, suggesting in an interview with Newsmax that McDaniel step down as chairwoman.

In a statement to ABC News, RNC Spokesperson Keith Schipper says, “Nothing has changed. This will be decided after South Carolina.”

The Trump campaign has not returned requests for comment.

In January, McDaniel was re-elected for her fourth term as chair, saying at the time, “It is an honor to be re-elected as Chairwoman of the RNC, and I am deeply grateful that our members have entrusted me with another term in this role.”

“The work to make Joe Biden a one-term president is already underway: it is time for our party to unite and re-dedicate ourselves to electing Republicans up and down the ballot. I look forward to working alongside conservative leaders, including Harmeet and Mike, from across our party to deliver on our promises to the American people,” McDaniel said.

McDaniel retained support from well over half of the 168 voting RNC members, clinching 111 votes, while her opponents — attorney Harmeet Dhillon received 51 and My Pillow CEO Mike Lindell — received four.

During a candidate forum before the vote, McDaniel was the only candidate to receive a standing ovation from RNC members, according to several sources who were present in the room.

Ahead of the race, McDaniel released a letter boasting endorsements from more than 100 of the 168 voting RNC members, handing her buffer room to shed support to a challenger and still be on strong footing.

Copyright © 2024, ABC Audio. All rights reserved.

Special counsel in Biden classified docs probe expects to issue report ‘in coming days’: Sources

Special counsel in Biden classified docs probe expects to issue report ‘in coming days’: Sources
Special counsel in Biden classified docs probe expects to issue report ‘in coming days’: Sources
Official White House Photo by Adam Schultz

(WASHINGTON) — Special counsel Robert Hur has completed his investigation into classified documents found at a number of properties associated with President Joe Biden and is expected to release his final report “in the coming days,” sources familiar with the matter confirmed to ABC News.

No specific date has yet been set, the sources said. News of the report’s upcoming release was first reported by The Washington Post.

ABC News previously reported that the special counsel’s investigation found sloppiness and other mistakes in the handling of classified documents following Biden’s time in the Senate and his vice presidency — but that the improper handling of classified documents was more likely a mistake than a criminal act.

A spokesperson for special counsel Hur’s office declined to comment.

In late 2022, the White House told the National Archives that documents bearing classification markings had been discovered at the Penn Biden Center in Washington, D.C. — the location of Biden’s private office after his term as vice president expired in early 2017.

Biden’s personal attorney later informed investigators that additional classified records were identified in the garage of Biden’s Wilmington, Delaware, home — a development that led the Justice Department to appoint Hur as special counsel to investigate further.

In all, about 25 documents marked classified were found in locations associated with Biden.

Copyright © 2024, ABC Audio. All rights reserved.

In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border

In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
Michael Godek/Getty Images

(WASHINGTON) — In a stunning defeat, a Republican-led push to impeach Homeland Security Secretary Alejandro Mayorkas failed on Tuesday.

The final vote was 214-216. Four Republicans defected and joined all Democrats present in opposing the measure.

For a moment, the vote was tied at 215-215 before another Republican switched to vote against.

Speaker Mike Johnson announced the resolution had failed, to cheers from Democrats in the chamber.

Minutes later, Johnson suffered another stinging defeat when the House fell short of the votes needed to pass a stand-alone bill he had backed to provide aid to Israel.

The Mayorkas measure is likely to come up again. When asked by ABC News while leaving the chamber if he plans to bring up the vote again, Johnson responded, “Yes.”

During the session, Rep. Blake Moore, R-Utah, filed a motion immediately following the vote to reconsider after it failed. It is likely to be scheduled when Majority Leader Steve Scalise, who is receiving cancer treatment, is able to attend.

The articles of impeachment accuse Mayorkas, long the target of GOP attacks when it comes to immigration policy, of “willful and systemic refusal to comply with the law” and “breach of public trust” amid a surge in unauthorized migrant crossings.

A spokesperson for the DHS called the impeachment baseless and said that it should not have moved forward.

“If House Republicans are serious about border security, they should abandon these political games, and instead support the bipartisan national security agreement in the Senate to get DHS the enforcement resources we need. Secretary Mayorkas remains focused on working across the aisle to promote real solutions at the border and keep our country safe,” Mia Ehrenberg, DHS spokesperson, said in a statement.

The White House also spoke out against the efforts to impeach Mayorkas.

“Clearly there is bipartisan agreement that this baseless, unconstitutional impeachment stunt should fail. House Republicans ought to realize that extreme political stunts like this are a waste of time, and instead join the President, Secretary Mayorkas, and Republicans and Democrats who want to work together to deliver real solutions that actually strengthen border security,” Ian Sams, White House spokesperson for oversight and investigations, said in a statement.

Mayorkas has vigorously defended himself and the department, calling the allegations “baseless” and insisting it won’t distract from their work. Democrats have contended the impeachment effort is unconstitutional and politically motivated.

Speculation grew throughout the day as to whether Johnson had the votes for the measure to pass. Republicans have a razor-thin three-vote majority in the House, and two members of the conference had said ahead of time they were against impeaching Mayorkas.

Among the GOP defectors were Reps. Ken Buck of Colorado, Tom McClintock of California and Mike Gallagher of Wisconsin.

Lawmakers debated the impeachment resolution for just over two hours ahead of the vote.

Homeland Security Committee chairman Mark Green, R-Tenn., defended the committee’s yearlong probe into Mayorkas and said his actions are responsible for a border crisis that Democrats have “turned a blind eye” to.

“His refusal to obey the law has led to the death of our fellow citizens. And he no longer deserves to keep his job,” Green said of Mayorkas as debate began.

Rep. Bennie Thompson, the committee’s top Democrat, countered that the proceeding is a “sham.”

“House Republicans want to distort the Constitution and the secretary’s record to cover up their inability and unwillingness to work with Democrats to strengthen border security,” Thompson said. “It’s about Republican politics and subversion of the Constitution.”

House Minority Leader Hakeem Jeffries, D-N.Y., suggested the GOP effort against Mayorkas has been to avenge former President Donald Trump, who was twice impeached by Democrats.

“Because when the puppet master Donald Trump says ‘jump,’ extreme MAGA Republicans respond, ‘How high?'” Jeffries said.

On the other side of the aisle, Rep. Marjorie Taylor Greene of Georgia, who has been tapped as one of the Republican impeachment managers, said it’s Democrats who are “in a quandary.”

“Either they must own the policies of murder and crime of American citizens, or they can admit Secretary Mayorkas has broken federal laws and vote to impeach Secretary Mayorkas,” Greene said.

One defector, Rep. Buck, explained why he is a no vote on impeachment in an op-ed published by The Hill on Monday. In it, he wrote he thinks Mayorkas will “most likely be remembered as the worst secretary of Homeland Security in the history of the United States” but didn’t believe his conduct amounted to the Constitution’s high bar of “treason, bribery, or other high crimes and misdemeanors.”

McClintock announced his decision in a 10-page memo released Tuesday morning, in which he also criticized Mayorkas, but said the impeachment effort is “bad politics and bad policy.”

“The problem is that they fail to identify an impeachable crime that Mayorkas has committed,” McClintock wrote. “In effect, they stretch and distort the Constitution in order to hold the administration accountable for stretching and distorting the law.”

Asked for his reaction to those in his party advising against impeachment, Johnson said he respects “everyone’s view on it” but he believes it’s a necessary step.

“There is no measure for Congress to take but this one,” he said at a news conference alongside other GOP leaders. “It’s an extreme measure. We do not take it lightly. I respect the conscience of everyone and how they vote.”

If the vote had succeeded, it would’ve marked just the second time in U.S. history a Cabinet official has been impeached. The issue would have then go to trial in the Democrat-controlled Senate, where a two-thirds majority vote would be needed to convict.

The vote on whether to impeach Mayorkas coincides with a fierce debate over a new bipartisan bill that would amount to the first major overhaul of the immigration system in years.

The measure, the product of months of behind-the-scenes negotiations among a bipartisan group of senators, is supported by Senate Majority Leader Chuck Schumer, Senate Republican Leader Mitch McConnell and President Joe Biden.

Mayorkas, who played a role in negotiations, praised the bill as “tough, fair, and takes meaningful steps to address the challenges our country faces after decades of Congressional inaction.”

But House Republican leaders, led by Johnson, have already deemed it dead on arrival if it gets past the Senate. Former President Donald Trump, looking to make immigration a top issue in the 2024 campaign, has also come out strong against the bill, calling it “ridiculous” and a “trap” for Republicans.

Rep. Jim McGovern, D-Mass., criticized Republicans on both impeachment and the border bill as the House Rules Committee met Monday to mark up the Mayorkas resolution.

“Are you seriously going to come here and look us in the eye with a straight face and claim this is all about the border when you refuse to come together with Democrats and work on the border?” McGovern said. “No, you’d all rather advance this baseless, extreme, unconstitutional impeachment stunt. It’s really something else.”

House Rules Committee Chair Tom Cole, R-Okla., countered that Mayorkas was a “chief architect” of the border crisis and said the vote is about “accountability.”

“Secretary Mayorkas has refused to uphold his oath of office. If he will not do so, his duty, then unfortunately the House must do its constitutional duty,” Cole said during the markup.

The White House on Monday called the impeachment effort “unprecedented and unconstitutional.”

“Impeaching Secretary Mayorkas would trivialize this solemn constitutional power and invite more partisan abuse of this authority in the future,” according to a Statement of Administration Policy. “It would do nothing to solve the challenges we face in securing our Nation’s borders, nor would it provide the funding the President has repeatedly requested for more Border Patrol agents, immigration judges, and cutting-edge tools to detect and stop fentanyl at the border.”

Copyright © 2024, ABC Audio. All rights reserved.

Former State Dept. contracted diplomatic security officer arrested on Jan. 6 charges

Former State Dept. contracted diplomatic security officer arrested on Jan. 6 charges
Former State Dept. contracted diplomatic security officer arrested on Jan. 6 charges
Jason Marz/Getty Images

(WASHINGTON) — A former State Department contracted officer responsible for diplomatic security was arrested Tuesday on charges that he breached the U.S. Capitol on Jan. 6.

Kevin Alstrup was charged with four misdemeanor offenses including entering and remaining in a restricted building, disorderly and disruptive conduct in a restricted building, disorderly conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building.

Alstrup was employed as a State Department diplomatic security officer at the time of the investigation when the FBI asked his supervisor for help confirming his identity, according an FBI affidavit.

The FBI determined Alstrup “is familiar with providing security and protection for high-ranking government officials or sensitive locations, like embassies.”

Alstrup is no longer employed by the State Department. An official said he had been providing uniformed officer services for the department as a third-party contractor.

In November, a former Trump administration State Department appointee was sentenced to nearly six years in prison for his role in the Jan. 6 attack on the U.S. Capitol.

Frederico “Freddie” Klein was convicted of eight felonies including six assaults, civil disorder and obstruction of an official proceeding.

Prosecutors said he “waged a relentless siege on police officers” as he attempted to enter the Capitol with a large mob of rioters.

ABC News’ Shannon Crawford contributed to this report..

Copyright © 2024, ABC Audio. All rights reserved.

Mayorkas impeachment updates: Debate concludes on attempt for historic ouster

In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
Michael Godek/Getty Images

(WASHINGTON) — The House on Tuesday will vote on a Republican-led resolution to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the southern border.

The articles of impeachment accuse Mayorkas, long the target of GOP attacks when it comes to immigration policy, of “willful and systemic refusal to comply with the law” and “breach of public trust” amid a surge in unauthorized migrant crossings.

Mayorkas has vigorously defended himself and the department, calling the allegations “baseless” and insisting it won’t distract from their work. Democrats have contended the impeachment effort is unconstitutional and politically motivated.

A key question is whether the GOP will have the votes to pass it. Republicans have a razor-thin three-vote majority in the House, and two members of the conference have said they are against impeaching Mayorkas: Rep. Ken Buck of Colorado and Rep. Tom McClintock of California.

Lawmakers debated the impeachment resolution for just over two hours ahead of a vote set for later Tuesday.

Homeland Security Committee chairman Mark Green, R-Tenn., defended the committee’s yearlong probe into Mayorkas and said his actions are responsible for a border crisis that Democrats have “turned a blind eye” to.

“His refusal to obey the law has led to the death of our fellow citizens. And he no longer deserves to keep his job,” Green said of Mayorkas as debate began.

Rep. Bennie Thompson, the committee’s top Democrat, countered that the proceeding is a “sham.”

“House Republicans want to distort the Constitution and the secretary’s record to cover up their inability and unwillingness to work with Democrats to strengthen border security,” Thompson said. “It’s about Republican politics and subversion of the Constitution.”

House Minority Leader Hakeem Jeffries, D-N.Y., suggested the GOP effort against Mayorkas has been to avenge former President Donald Trump, who was twice impeached by Democrats.

“Because when the puppet master Donald Trump says ‘jump,’ extreme MAGA Republicans respond, ‘How high?'” Jeffries said.

On the other side of the aisle, Rep. Marjorie Taylor Greene of Georgia, who has been tapped as one of the Republican impeachment managers, said it’s Democrats who are “in a quandary.”

“Either they must own the policies of murder and crime of American citizens, or they can admit Secretary Mayorkas has broken federal laws and vote to impeach Secretary Mayorkas,” Greene said.

Earlier Tuesday, amid some speculation that GOP leaders could postpone or pull the measure due to vote numbers, Speaker Mike Johnson said they were forging ahead.

Asked if he had the votes, Johnson replied, “I think we will.”

One defector, Rep. Buck, explained why he is a no vote on impeachment in an op-ed published by The Hill on Monday. In it, he wrote he thinks Mayorkas will “most likely be remembered as the worst secretary of Homeland Security in the history of the United States” but didn’t believe his conduct amounted to the Constitution’s high bar of “treason, bribery, or other high crimes and misdemeanors.”

McClintock announced his decision in a 10-page memo released Tuesday morning, in which he also criticized Mayorkas, but said the impeachment effort is “bad politics and bad policy.”

“The problem is that they fail to identify an impeachable crime that Mayorkas has committed,” McClintock wrote. “In effect, they stretch and distort the Constitution in order to hold the administration accountable for stretching and distorting the law.”

Asked for his reaction to those in his party advising against impeachment, Johnson said he respects “everyone’s view on it” but he believes it’s a necessary step.

“There is no measure for Congress to take but this one,” he said at a news conference alongside other GOP leaders. “It’s an extreme measure. We do not take it lightly. I respect the conscience of everyone and how they vote.”

If the House does vote to approve the resolution, it would mark just the second time in U.S. history a Cabinet official has been impeached. The issue would then go to trial in the Democrat-controlled Senate, where a two-thirds majority vote would be needed to convict.

The vote on whether to impeach Mayorkas coincides with a fierce debate over a new bipartisan bill that would amount to the first major overhaul of the immigration system in years.

The measure, the product of months of behind-the-scenes negotiations among a bipartisan group of senators, is supported by Senate Majority Leader Chuck Schumer, Senate Republican Leader Mitch McConnell and President Joe Biden.

Mayorkas, who played a role in negotiations, praised the bill as “tough, fair, and takes meaningful steps to address the challenges our country faces after decades of Congressional inaction.”

But House Republican leaders, led by Johnson, have already deemed it dead on arrival if it gets past the Senate. Former President Donald Trump, looking to make immigration a top issue in the 2024 campaign, has also come out strong against the bill, calling it “ridiculous” and a “trap” for Republicans.

Rep. Jim McGovern, D-Mass., criticized Republicans on both impeachment and the border bill as the House Rules Committee met Monday to mark up the Mayorkas resolution.

“Are you seriously going to come here and look us in the eye with a straight face and claim this is all about the border when you refuse to come together with Democrats and work on the border?” McGovern said. “No, you’d all rather advance this baseless, extreme, unconstitutional impeachment stunt. It’s really something else.”

House Rules Committee Chair Tom Cole, R-Okla., countered that Mayorkas was a “chief architect” of the border crisis and said the vote is about “accountability.”

“Secretary Mayorkas has refused to uphold his oath of office. If he will not do so, his duty, then unfortunately the House must do its constitutional duty,” Cole said during the markup.

The White House on Monday called the impeachment effort “unprecedented and unconstitutional.”

“Impeaching Secretary Mayorkas would trivialize this solemn constitutional power and invite more partisan abuse of this authority in the future,” according to a Statement of Administration Policy. “It would do nothing to solve the challenges we face in securing our Nation’s borders, nor would it provide the funding the President has repeatedly requested for more Border Patrol agents, immigration judges, and cutting-edge tools to detect and stop fentanyl at the border.”

ABC News’ Jay O’Brien and Luke Barr contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

What to know about the Supreme Court arguments in the Trump 14th Amendment case

What to know about the Supreme Court arguments in the Trump 14th Amendment case
What to know about the Supreme Court arguments in the Trump 14th Amendment case
Rudy Sulgan/Getty Images

(WASHINGTON) — The U.S. Supreme Court on Thursday will take up a historic case that could decide whether Donald Trump is ineligible for the 2024 ballot under Section 3 of the 14th Amendment.

The provision, ratified after the Civil War to keep insurrectionists out of government, has rarely been invoked over the past 150 years and never before applied to a candidate for president.

It reads: “No person shall … hold any office, civil or military, under the United States … who, having previously taken an oath … as an officer of the United States … to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same.”

Only Congress, it adds, can remove the disqualification by two-thirds vote of both the House and Senate. It does not spell out who gets to decide when someone has “engaged in insurrection” or how.

Last year, a group of four GOP and two unaffiliated voters sued Colorado’s secretary of state to keep Trump off the state’s GOP primary ballot, citing his efforts to overturn the results of the 2020 presidential election. The Colorado Supreme Court ruled that Trump’s conduct amounted to engaging in “insurrection” in violation of Section 3.

Trump is now appealing that decision to the nation’s high court.

Here’s how it’s expected each side will present their respective arguments to the justices:

Trump’s case: Section 3 does not apply to him

Section 3 refers to an “officer of the United States” and Trump was not one. There are two oaths in the Constitution and he took the presidential oath, which is different. Presidents appoint “officers” of the U.S. The president is not explicitly mentioned in the amendment.

Trump did not “engage in insurrection.” He has not been charged with acts of insurrection much less convicted of a crime. He “repeatedly called for peace, patriotism and law and order.” A failure to act on Jan. 6, as some have alleged, is not the same as engaging in the conduct.

Only Congress can enforce Section 3. The law doesn’t spell out who decides when someone has “engaged in insurrection.” Each state can’t veto candidates based on their own assessments.

Section 3 creates a prohibition from “holding office” — not running for office. States can’t decide new upfront qualifications for being president.

The Constitution’s electors clause says legislatures, not courts, should govern elections and evaluate candidate qualifications. Colorado law doesn’t require the secretary of state to do so.

Colorado courts violated state law. They did not hold a hearing within five days of the complaint against Trump as required (it was 54 days). The court did not deliver findings of fact within 48 hours as required (it was 12 days). Reliance on testimony of a sociology professor who said Trump had spoken in “coded” language was hearsay. Voters who sued the Colorado secretary of state don’t have standing because the secretary of state has no authority to vet candidate eligibility under state law.

Colorado voters’ case: Trump incited an insurrection and Section 3 applies

Trump’s words and deeds “were the factual cause of and a substantial contributing factor to the attack.” After a five-day hearing, the trial court found Trump “intentionally organized and incited” insurrection. Those findings are entitled substantial deference. Even though Trump himself wasn’t violent, there is precedent for incitement as “engagement.” The First Amendment doesn’t protect incitement.

The presidency is an “office of the United States” as covered by Section 3. The Constitution refers to the presidency as an “office” 20 times. The “of the U.S.” phrase is meant to distinguish a position from a state. Trump is splitting hairs.

States have authority under the electors clause to run presidential elections. State officials can make subjective determinations about eligibility of candidates. A U.S. 10th Circuit Court of Appeals decision in 2012 from then judge and now Justice Neil Gorsuch said states could exclude a naturalized citizen from a presidential ballot because he was “constitutionally prohibited.” States also have power to decide presidential electors on their own terms.

Trump forfeited an electors clause challenge because he didn’t raise it in earlier proceedings. The U.S. Supreme Court should defer to state court interpretation of state law. As for the state court delays — in violation of legally mandated deadlines for ballot challenges — Trump had asked for more time in the case.

History of Section 3. The provision of the 14th Amendment was enacted as a measure of self-defense, targeting leaders of the rebellion. It deprives them of qualification for office but nothing else. It was immediately enforced by state courts in 1868.

Notable amici (friend of the court) filings

The National Republican Senatorial Campaign Committee argues Colorado altered the qualifications for president and interfered with Congress’ sole prerogative to remove any Section 3 disqualification from a candidate. In effect, what Colorado has done is require that Congress address any alleged Section 3 disqualification before voters pick a candidate – but that is an error: Congress gets to decide when, and could do so after the election.

Colorado violates First Amendment rights of voters and political parties. It takes away a choice. There is no precedent for denying a candidate primary ballot access. The decision negates the possibility that between Election Day and Inauguration Day, a two-thirds vote of each chamber of Congress could cure Trump’s eligibility.

Colorado ignores precedent of “ineligible” candidates on the ballot becoming eligible by inauguration day when they “hold” office. See: Joe Biden running for Senate and winning at age 29 … turning 30 just before he was sworn in. Or, when Congress granted amnesty en masse to some former Confederates in 1867 who’d already won elections but not yet been seated.

The state court committed a clear error by directing the secretary of state to not list Trump on the ballot. In so doing, the court extended the Section 3 disability beyond “being” president to running for president. States cannot preemptively exclude candidates, interfering with Congress’ authority to decide whether or not to cure a Section 3 deficiency.

179 GOP members of Congress

The Colorado Supreme Court’s decision infringes on Congress’ powers. In part, they argue, because by allowing the enforcement of Section 3 without congressional authorization, candidates could face “abuse by state officials.” Colorado is also wrong because it deprives Congress the chance to remove a Section 3 “disability.”

Colorado’s definition of “engage in insurrection” is too malleable and expansive. The state court harbors a view that will lead to “widespread abuse of Section 3 against political opponents.”

Copyright © 2024, ABC Audio. All rights reserved.

‘We have no real chance here to make a law,’ McConnell says of embattled Senate border deal

‘We have no real chance here to make a law,’ McConnell says of embattled Senate border deal
‘We have no real chance here to make a law,’ McConnell says of embattled Senate border deal
Kevin Dietsch/Getty Images

(WASHINGTON) — The Senate’s bipartisan border deal is teetering on collapse Tuesday as many Republicans say they will block the procedural vote set for later this week — a frustrating loss for the negotiators who spent months fine-tuning the bill.

“I can’t believe this is happening. This is unbelievable,” Sen. Chris Murphy, one of the lead negotiators of the bill, said in a Senate floor speech Tuesday.

Murphy and other senators worked for months to negotiate the terms of the $118.28 billion bipartisan national security supplemental package, the text of which was released Sunday night. By Monday night, it was on the brink of collapse as fellow negotiator Sen. James Lankford acknowledged it didn’t have the votes for it advance in the Senate in a procedural vote on Wednesday.

“What the hell just happened?” Murphy, a Connecticut Democrat, said on the floor.

Majority Leader Chuck Schumer, in a floor speech on Tuesday, said he would delay the vote — but was skeptical it would make a difference. Minority Leader Mitch McConnell said flat out that the bill is going nowhere.

In a closed-door meeting that lasted nearly 90 minutes Monday night, Republicans debated the merits of the 370-page national security supplemental, and whether or not to provide the necessary 60 votes to get to floor consideration of the bill during a key procedural vote on Wednesday.

A good chunk of the Senate Republican conference opposes this bill because they object to the policies in it. At least 19 have issued statements stating as much.

But many Senate Republicans, including those moderates who would likely be necessary to getting 60 votes to proceed during the upcoming test vote, left the meeting saying they won’t greenlight moving it forward — not because of policy — but because they don’t believe they’ve had sufficient time to review the technically complex border provisions.

“I think it’s fair to say everybody thinks that, you know, voting Wednesday is voting too soon,” said Sen. John Thune, the Republican Whip. “I think there’s a very real concern that there hasn’t been adequate time. And I think the Wednesday vote is going to be for most our members too early.”

In floor remarks Tuesday, Schumer lambasted Republicans for their plans to block the the bill from advancing during an upcoming procedural vote.

“After months of good faith negotiations, after months of giving Republicans many of the things they asked for, Leader McConnell and the Republican conference are ready to kill the national security supplemental package, even with the border provisions they so fervently demanded,” Schumer said.

Schumer said the GOP decision to reject the bill represents a “dramatic transformation in Republican thought.” He said Senate Republicans and House Speaker Mike Johnson have “moved the goal posts” on negotiations.

“This is the new Republican line on the border: It’s an emergency, but it can wait 12 months or until the end of time. What utter bunk,” Schumer said.

Schumer said he’d be comfortable delaying the vote — though he cast doubts on Republicans’ motives for wanting the vote postponed.

“I will even offer to delay that vote until some time on Thursday to give even more time for Senators to make up their mind, but I suspect they won’t accept even that offer because they don’t really want more time, they’re just using it as an excuse,” Schumer said.

On Tuesday afternoon, McConnell put the nail in the coffin: “It looks to me and most of our members that we have no real chance here to make a law.”

McConnell did not go after former President Donald Trump, who put immense pressure on Republicans to reject the deal, saying that the Border Patrol Council, which supported Trump, backed the bill.

“I think in the end, even though the product was approved by the Border Council that endorsed President Trump, most of our members feel that we’re not going to be able to make law here. And if we’re not going to be able to make a law, they’re reluctant to go forward,” McConnell said.

On Monday night, a number of moderate senators who would be needed to get to 60 votes said they would vote no on moving forward if the vote is held on Wednesday.

Sen. Mike Rounds, R-S.D., said he’d be amenable to continuing to work on the bill, but will vote to block it from moving forward on Wednesday.

“I think we said to begin with we wanted time. I still think we want time,” Rounds said.

Sen. Dan Sullivan, R-Alaska, agreed.

“Clearly a bill of this magnitude being brought to the floor in 48 hours is really rushing it, so that’s another element that we talked in there, which in my view is problematic,” Sullivan said.

Even Lankford may choose to vote against proceeding on Wednesday if the rest of his conference isn’t ready to move forward.

“I’m listening to the rest of the conference on this,” Lankford said. “If the conference is not ready to be able to move on it, there’s no reason for me to be able to vote on cloture. That’s not voting against the bill.”

Hours after the bill text was release Sunday, Speaker Mike Johnson shot it down, saying in a statement that the bill is “dead on arrival” and “even worse than we expected, and won’t come close to ending the border catastrophe the President created.”

Asked about Johnson’s comments, Lankford acknowledged the challenge of drawing such a quick conclusion of the robust bill.

“People are throwing all these great hyperboles out there before they’ve really had a chance to be able to read through it and to be able to go through,” Lankford told ABC News Senior Congressional Correspondent Rachel Scott. “It’s interesting — I’ve had folks saying, ‘Hey this is really technical, it’s going to take days or weeks to be able to read through it — yet within minutes or hours they were saying, ‘Hey, I oppose it because I’ve gone through it.'”

Senators did not give a clear read out of how much time they believed they’d need to consider this.

But several did say that any path forward would need to involve opportunities to offer amendments to the package.

ABC News’ Rachel Scott contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.

Mayorkas impeachment updates: Debate begins on attempt for historic ouster

In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
In stunning defeat, House Republicans fail to impeach DHS Secretary Mayorkas over border
Michael Godek/Getty Images

(WASHINGTON) — The House on Tuesday will vote on a Republican-led resolution to impeach Homeland Security Secretary Alejandro Mayorkas over his handling of the southern border.

The articles of impeachment accuse Mayorkas, long the target of GOP attacks when it comes to immigration policy, of “willful and systemic refusal to comply with the law” and “breach of public trust” amid a surge in unauthorized migrant crossings.

Mayorkas has vigorously defended himself and the department, calling the allegations “baseless” and insisting it won’t distract from their work. Democrats have contended the impeachment effort is unconstitutional and politically motivated.

The impeachment resolution was read aloud by the House clerk and is being debated by lawmakers.

Homeland Security Committee chairman Mark Green, R-Tenn., kicked off the two-hour debate by defending the committee’s yearlong probe into Mayorkas and said his actions are “responsible for this historic crisis.”

“Today’s articles of impeachment outline exactly that a dramatic abdication of statutory authority by Secretary Mayorkas has occurred,” Green said.

Rep. Bennie Thompson, the committee’s top Democrat, slammed the proceeding as a “sham impeachment.”

“House Republicans want to distort the Constitution and the secretary’s record to cover up their inability and unwillingness work with Democrats to strengthen border security,” Thompson said. “It’s about Republican politics and subversion of the Constitution.”

A key question is whether the GOP will have the votes to pass it. Republicans have a razor-thin three-vote majority in the House, and two members of the conference have said they are against impeaching Mayorkas: Rep. Ken Buck of Colorado and Rep. Tom McClintock of California.

Amid speculation the vote could be postponed or even pulled, Speaker Mike Johnson told ABC News he is moving ahead with the resolution on Tuesday.

Asked if he had the votes, Johnson replied, “I think we will.”

Buck, explaining why he is a no vote on impeachment in an op-ed published by The Hill, said he thinks Mayorkas will “most likely be remembered as the worst secretary of Homeland Security in the history of the United States” but didn’t believe his conduct amounted to the Constitution’s high bar of “treason, bribery, or other high crimes and misdemeanors.”

McClintock announced his decision in a 10-page memo released Tuesday morning, in which he also criticized Mayorkas, but said the impeachment effort is “bad politics and bad policy.”

“The problem is that they fail to identify an impeachable crime that Mayorkas has committed,” McClintock wrote. “In effect, they stretch and distort the Constitution in order to hold the administration accountable for stretching and distorting the law.”

Asked for his reaction to those in his party advising against impeachment, Johnson said he respects “everyone’s view on it” but he believes it’s a necessary step.

“There is no measure for Congress to take but this one,” he said at a news conference alongside other GOP leaders. “It’s an extreme measure. We do not take it lightly. I respect the conscience of everyone and how they vote.”

If the House does vote to approve the resolution, it would mark just the second time in U.S. history a Cabinet official has been impeached. The issue would then go to trial in the Democrat-controlled Senate, where a two-thirds majority vote would be needed to convict.

The vote on whether to impeach Mayorkas coincides with a fierce debate over a new bipartisan bill that would amount to the first major overhaul of the immigration system in years.

The measure, the product of months of behind-the-scenes negotiations among a bipartisan group of senators, is supported by Senate Majority Leader Chuck Schumer, Senate Republican Leader Mitch McConnell and President Joe Biden.

Mayorkas, who played a role in negotiations, praised the bill as “tough, fair, and takes meaningful steps to address the challenges our country faces after decades of Congressional inaction.”

But House Republican leaders, led by Johnson, have already deemed it dead on arrival if it gets past the Senate. Former President Donald Trump, looking to make immigration a top issue in the 2024 campaign, has also come out strong against the bill, calling it “ridiculous” and a “trap” for Republicans.

Rep. Jim McGovern, D-Mass., criticized Republicans on both impeachment and the border bill as the House Rules Committee met Monday to mark up the Mayorkas resolution.

“Are you seriously going to come here and look us in the eye with a straight face and claim this is all about the border when you refuse to come together with Democrats and work on the border?” McGovern said. “No, you’d all rather advance this baseless, extreme, unconstitutional impeachment stunt. It’s really something else.”

House Rules Committee Chair Tom Cole, R-Okla., countered that Mayorkas was a “chief architect” of the border crisis and said the vote is about “accountability.”

“Secretary Mayorkas has refused to uphold his oath of office. If he will not do so, his duty, then unfortunately the House must do its constitutional duty,” Cole said during the markup.

The White House on Monday called the impeachment effort “unprecedented and unconstitutional.”

“Impeaching Secretary Mayorkas would trivialize this solemn constitutional power and invite more partisan abuse of this authority in the future,” according to a Statement of Administration Policy. “It would do nothing to solve the challenges we face in securing our Nation’s borders, nor would it provide the funding the President has repeatedly requested for more Border Patrol agents, immigration judges, and cutting-edge tools to detect and stop fentanyl at the border.”

ABC News’ Jay O’Brien and Luke Barr contributed to this report.

Copyright © 2024, ABC Audio. All rights reserved.