Red-state Dems worried Trump impeachment will hurt Senate chances; Giuliani considering lawsuits

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Red-state Dems worried Trump impeachment push will kill hopes of retaking Senate in 2020
Some red-state Senate Democrats are fretting that the ongoing House impeachment inquiry could expand uncontrollably and become a “kitchen sink” of complaints about President Trump and hurt chances of regaining the Senate majority in 2020, Fox News has learned. Sens. Joe Manchin of West Virginia and Jon Tester of Montana specifically expressed concerns and have told Minority Leader Chuck Schumer, D-N.Y., that leadership cannot allow liberal Democrats to push for the inquiry to include allegations about Trump illegally using his office to enrich himself or relitigate findings from former Special Counsel Robert Mueller’s probe of Russian election meddling in 2016. Click here for more on our top story

In other developments: Trump’s personal attorney Rudy Giuliani said Tuesday he’s considering individual lawsuits against House Democrats for allegedly violating the constitutional and civil rights of the president and members of his administration amid new congressional inquiries and subpoenas resulting from a whistleblower’s complaint.

Reps. Eliot Engel, Adam Schiff and Elijah Cummings, the Democratic chairmen of three House committees, informed the State Department in a letter late Tuesday that Secretary of State Mike Pompeo appears to have a "conflict of interest" and might now be a "fact witness" in their ongoing impeachment inquiry, after Pompeo accused Dems of trying to "bully" foreign service officers into testifying.

Eric Holder says Barr is 'paying a price' by spearheading a probe of the Russia investigation
Former Attorney General Eric Holder told Fox News on Tuesday that current Attorney General William Barr "is paying a price" and sacrificing his credibility by spearheading U.S. Attorney John Durham's ongoing probe into possible misconduct by the intelligence community at the outset of the Russia investigation. Holder also remarked separately that it was a "reality" that Republicans will "cheat" in the 2020 elections by trying to "move polling places" and "a whole variety of things" -- prompting Republicans to dismiss his "outlandish and baseless accusations." Click here for more on this story

Trump inquired about shooting migrants at the border, using trench filled with deadly reptiles: new book
A new report from the New York Times on Tuesday shows the extraordinary measures President Trump inquired about as part of his push to secure the U.S.-Mexico border. In an excerpt from their upcoming book, "Border Wars: Inside Trump’s Assault on Immigration," Times reporters Michael Shear and Julie Hirschfeld Davis allege that Trump has repeatedly floated the idea of installing a "water-filled trench" and stocking it with deadly reptiles. He also suggested shooting migrants in the legs to "slow them down."

A source who was in the room at the time confirmed the conversation about shooting migrants in the legs to Fox News late Tuesday.

Federal judge rules for Harvard in affirmative action case
A federal judge on Tuesday ruled against families suing Harvard for allegedly discriminating against Asian-American applicants in a blow to activists who hoped to chip away at affirmative action programs. U.S. District Court Judge Allison D. Burroughs said Harvard had a compelling interest to consider race in admissions because of the benefits of a diverse student body, citing Supreme Court precedent from the 1978 affirmative action case Regents of the University of California v. Bakke. Burroughs said Harvard's program was "not perfect" but ruled that it tread lightly enough in considering race that it could be considered constitutional. The organization representing the plaintiffs, Students for Fair Admissions, said it will appeal the decision.

(AP Photo/Mel Evans, File)

(AP Photo/Mel Evans, File)

Johnson & Johnson agrees to settle opioid case in Ohio for $20 million
Johnson & Johnson and its Janssen Pharmaceutical subsidiary reached a deal worth more than $20 million with two Ohio counties - Cuyahoga and Summit - late Tuesday night to avoid trial in the opioid addiction crisis. The conglomerate is the fifth drug company to reach a settlement with the two counties in order to avoid the first federal trial over the nation's opioids crisis. J&J is not admitting liability in the settlement, which calls for the company to pay $10 million to the counties, and includes provisions for the company to reimburse the counties up to $5 million for legal expenses. The company will also contribute another $5.4 million to nonprofit organizations that deal with opioids.

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SOME PARTING WORDS

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Fox News First is compiled by Fox News' Bryan Robinson. Thank you for joining us! Enjoy your day! We'll see you in your inbox first thing on Thursday morning.