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Capitol agenda: Jack Smith speaks

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It’s the televised showdown both Republicans and Democrats have long wanted: Former DOJ special counsel Jack Smith takes the hot seat in front of the House Judiciary Committee Thursday morning.

It’s likely to be a long and lively examination of his aborted effort to convict President Donald Trump for trying to overturn the 2020 election.

— What Smith will say: Smith plans to stand by his decision to prosecute Trump — and say that doing otherwise would have been “shirk[ing] my duties as a prosecutor and a public servant,” according to prepared remarks obtained by Blue Light News. It’s similar to what he already told lawmakers behind closed doors: that a jury would have found the president guilty of a criminal scheme had Smith been allowed to move forward with his evidence.

“I made my decisions without regard to President Trump’s political association, activities, beliefs or candidacy in the 2024 presidential election,” Smith plans to say, adding that the evidence his team gathered “established that he willfully broke the very laws that he took an oath to uphold.”

Smith ultimately dropped the charges he brought in the election subversion case after Trump won reelection in 2024, since the Justice Department is prohibited from charging or trying a current president.

Not every question might get a satisfactory answer: A court order sealed the second volume of his report around the classified documents case, and Trump on Wednesday night urged a judge to make that order permanent.

— What the GOP is looking for: Republicans will likely hammer Smith on what they see as a political campaign against the GOP and Trump.

Judiciary Chair Jim Jordan (R-Ohio) said Smith represents “a continuation of this weaponization of government against the president.”

Jordan’s decision to allow Smith to testify publicly after initially only allowing a closed-door session will let Republicans tee off as the public, and likely Trump, are watching. Expect to hear plenty about how Smith secretly obtained phone records for several current GOP senators during his investigation.

— What Dems are hoping for: Democrats will take the opportunity to have Smith describe Trump’s alleged criminal behavior in painstaking detail — including the president’s attempt to stop Joe Biden from taking office.

Rep. Ted Lieu (D-Calif.) said Wednesday he was “thrilled” that Smith would be testifying publicly so that he can tell the American people “all the evidence that he has collected” against Trump and why he was “lawfully indicted.”

“American people are going to hear that,” Lieu said. “And I encourage everyone to watch.”

What else we’re watching:   

— House funding action: Buckle up for a long, wild day as House GOP leaders try to muscle through the last four fiscal 2026 spending bills. The Rules Committee reconvened Thursday morning after Speaker Mike Johnson struggled late Wednesday to strike an amendment deal with hard-liners that would allow the panel to move forward on the package.

— War powers vote: House lawmakers will vote Thursday on a measure to rein in Trump’s military intervention in Venezuela. The margin is so thin that the vote could come down to attendance. GOP Reps. Thomas Massie of Kentucky and Don Bacon of Nebraska intend to support the Democrat-led resolution, and a few other Republicans are mulling voting “yes.”

Hailey Fuchs, Kyle Cheney and Meredith Lee Hill contributed to this report.

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Congress

Rand Paul summons Trump immigration officials to testify after Minneapolis shooting

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Sen. Rand Paul, chair of the Homeland Security and Governmental Affairs Committee, called on three top immigration enforcement officials to testify before his panel in the wake of Saturday’s killing of a Minneapolis man by federal agents.

The Kentucky Republican sent letters Monday to Rodney Scott, the commissioner of Customs and Border Protection; Joseph Edlow, the director of U.S. Citizenship and Immigration Services; and Todd Lyons, who is serving as acting director of ICE, requesting that the three men testify at a Feb. 12 hearing.

“As you know, the Department of Homeland Security has been provided an exceptional amount of funding to secure our borders and enforce our immigration laws,” Paul said in the letters to the administration officials. “Congress has an obligation to conduct oversight of those tax dollars and ensure the funding is used to accomplish the mission, provide proper support for our law enforcement, and, most importantly, protect the American people.”

Paul’s letters don’t mention this weekend’s killing of 37-year-old Alex Pretti, which has sparked a wave of new scrutiny of the immigration enforcement actions in Minnesota ordered by President Donald Trump.

But the hearing would be the first chance senators will have to question Trump administration officials’ over the shooting and the president’s broader immigration and Homeland Security agenda.

Separately, Sen. Todd Young (R-Ind.) joined the growing ranks of Republicans raising questions about the shooting, saying he supports a “full and transparent investigation into the tragic event in Minneapolis.”

“Congress has requested testimony from ICE, CBP, and USCIS leaders in an open hearing, and they should testify soon,” said Young, who is not a member of Paul’s committee, in a statement to Blue Light News. “Providing the American people with the full facts is an important part of maintaining public trust. We also need state and local officials to better cooperate with federal enforcement efforts.”

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White House backs appropriations package with DHS funding

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The White House on Monday urged the Senate to pass the six-bill appropriations package to avert a partial government shutdown and signaled it doesn’t want Department of Homeland Security money separated out.

“At this point, the White House supports the bipartisan work that was done to advance the bipartisan appropriations package and we want to see that passed,” press secretary Karoline Leavitt said at a White House briefing when asked if the administration would be willing to separate DHS funding.

Leavitt said that “policy discussions on immigration in Minnesota are happening,” pointing to President Donald Trump’s call with Minnesota Gov. Tim Walz earlier Monday. She said the discussions “should not be at the expense of government funding for the American people.”

The press secretary also pointed to the winter storms across the country and the effect a lapse in FEMA funding could have on the response effort.

Senate Minority Leader Chuck Schumer has pressed Republicans to rewrite the DHS funding legislation in the wake of the killing of Alex Pretti in Minnesota and signaled that the other five appropriations bills could move forward without it. Senate Republican leadership want to move forward all six bills, including DHS funding, and the first votes are expected Thursday.

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More Hill Democrats want Kristi Noem out as DHS secretary

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A growing number of Hill Democrats are calling for Homeland Security Secretary Kristi Noem to be step aside or be impeached following shooting of a Minneapolis man by DHS agents Saturday.

A House impeachment resolution targeting Noem now has 140 cosponsors, nearly two-thirds of the Democratic caucus, according to a spokesperson for Rep. Robin Kelly (D-Ill.), who authored the legislation. Dozens signed on over the weekend, including after a private caucus call Sunday where a number of House Democrats spoke out for impeachment.

Although impeaching President Donald Trump remains a highly divisive issue among Democrats, calling for Noem’s impeachment or resignation is fast becoming a mainstream position in the party.

On the cosponsor list for Kelly’s resolution are purple-district lawmakers such as Reps. Laura Gillen (D-N.Y.) and Greg Landsman (D-Ohio), as well as members of the party leadership team including Reps. Debbie Dingell (D-Mich.) and Suzan DelBene (D-Wash.).

Others in the party are calling for Noem’s removal without mentioning the prospect of impeachment. Senate Minority Leader Chuck Schumer, for instance, declared in a Monday social media post that Noem “must be fired.”

In a statement provided first to Blue Light News, 15 House Democrats who are veterans said Noem should resign.

“We call for an immediate stand down of ICE and CBP interior enforcement operations and demand the resignation of the Secretary of Homeland Security,” said the lawmakers, including California Democratic Reps. Ted Lieu, Salud Carbajal and Gil Cisneros. “Current leadership has failed to protect civil liberties, ensure accountability, or maintain the public trust.”

With Republicans in control of the House floor, it could be difficult for Democrats to force the issue anytime soon. Absent a GOP groundswell, Speaker Mike Johnson will be able to bottle up the measure indefinitely though Kelly could try to call up her impeachment legislation as a privileged matter, allowing it to bypass committees and move to a quick House vote.

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