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House Republican sues Capitol Police for $2.5 million over 2021 office search

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A House Republican is suing the federal government for $2.5 million, claiming he was retaliated against by the Capitol Police four years ago for his vocal criticism of the department’s leadership after the Jan. 6, 2021 attack.

Rep. Troy Nehls’ unusual lawsuit, filed in federal court in his home state of Texas, accuses the Capitol Police of improperly entering his office in November 2021 and taking pictures of a whiteboard that had notes related to legislation.

The Capitol Police declined to comment on the lawsuit, but the department has long denied the allegations that leadership targeted Nehls for his criticism. An officer indicated he entered the office during a regular security sweep, according to a department report, because the door was left ajar and took pictures of the notes because he found them concerning.

“If a Member’s office is left open and unsecured, without anyone inside the office, USCP officers are directed to document that and secure the office to ensure nobody can wander in and steal or do anything else nefarious,” Capitol Police Chief Thomas Manger said after Nehls first surfaced his allegations in 2022. “The weekend before Thanksgiving, one of our vigilant officers spotted the Congressman’s door was wide open. That Monday, USCP personnel personally followed up with the Congressman’s staff and determined no investigation or further action of any kind was needed.”

But Nehls called the actions part of an attempt to chill his criticism of the department. His lawyer, Terrell Roberts, has represented the family of Ashli Babbitt, a Jan. 6 rioter who was shot and killed by a Capitol Police officer as she attempted to enter the lobby near the House chamber.

A spokesperson for Nehls did not immediately return a request for comment.

It’s unclear why Nehls filed the civil claim in Texas rather than Washington, where his office is located and where the alleged breach took place. It’s also unclear why he waited more than three years to file the lawsuit.

The Texas congressman, who voted to overturn the results of the 2020 election, was one of a handful of Republicans initially selected by then-GOP leader Kevin McCarthy to serve on the panel investigating the Capitol riot, then withdrawn by McCarthy after then-Speaker Nancy Pelosi vetoed some of his other picks. Nehls continued to criticize the Capitol Police’s handling of the events at the Capitol that day and called for a grand jury investigation of the officer who shot Babbitt.

Nehls’ lawsuit accuses the Capitol Police of violating his First and Fourth Amendment rights, as well as the Constitution’s “speech or debate” clause, which protects members of Congress from being questioned by authorities outside the legislative branch. However, the Capitol Police, as Nehls acknowledges, are housed within Congress, so it’s unclear how that clause would be applied.

Nehls’ allegations against the Capitol Police sparked an inspector general investigation that concluded in 2022 and undercut Nehls’ claim of nefarious actions by the department. The inspector general recommended the department update its policies on how to handle open office doors in a way that “strikes the proper balance of protecting congressional representatives and their staff from physical outside threats while simultaneously protecting their legislative proposals and work product from possibly inappropriate photography, scrutiny, and questioning by USCP employees.”

After the report, the Capitol Police swiped at Nehls for “spreading unfounded conspiracy theories” about its officers’ actions.

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Congress

Mike Rogers opens the door for AIPAC support in Michigan Senate race

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Michigan GOP Senate nominee Mike Rogers signaled he would accept support from AIPAC as he remains locked in a tight contest against Democrat Abdul El-Sayed.

Rogers was asked during a debate Thursday whether he would welcome public backing from the American Israel Public Affairs Committee — and he pointedly did not rule it out.

“Anybody that wants to help my campaign stop” El-Sayed, he said, “I’ll take all of that help.”

AIPAC’s super PAC, United Democracy Project, uncorked more than $30 million against El-Sayed in Democrats’ bruising primary. El-Sayed turned the deluge into a cudgel, railing against the group’s heavy spending to rally progressives to his side as support for Israel cratered among Democrats amid the war in Gaza.

The group does not appear to have spent on television ads since, according to tracker AdImpact.

The debate moderator asked Rogers about an Axios report from August that said allies of the Republican had asked AIPAC not to advertise on his behalf. The report said the group scrapped a video ad against El-Sayed a day after Rogers spoke with AIPAC board chair Michael Tuchin.

Rogers also reportedly attended fundraisers hosted by AIPAC in California in August.

A representative for UDP declined to comment.

Rogers and El-Sayed clashed over U.S. military aid for Israel in their debate. Rogers said he supports Israel’s “right to defend itself in a very difficult neighborhood,” while El-Sayed said “I don’t want our tax dollars buying weapons for other countries.”

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Mike Johnson voices uncertainty about his future if GOP loses control

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House Speaker Mike Johnson suggested that he could leave Congress if Democrats regain control — the farthest he has gone in acknowledging what he would do in a GOP House minority.

“Heaven forbid, if we lose this majority or whatever, I don’t know what my next chapter of life is,” Johnson said in an interview with Fox News posted this week. “If God moves on our hearts and says we should, you know, go back to my hometown of Shreveport and start a lawn business, I’ll do that with equal fervor.”

In the past, the Louisiana Republican has steered clear of the hypothetical.

Johnson also did not rule out a run at minority leader, instead telling Fox News that House Republicans will hold onto the majority and he will stay speaker.

“I’m going to be the speaker in the next Congress,” Johnson said, when asked if he would run. “I’m not going to talk about the scenario where we don’t win the House, because I am laser-focused on winning the House.”

With the midterms less than a month away, Republicans are doing everything they can to salvage their chances of maintaining their majority in an unfavorable political environment.

As some Republicans privately worry about their chances of holding onto the House, many believe jockeying for a GOP minority leader race is already underway.

House Majority Leader Steve Scalise and Judiciary Chair Jim Jordan are potential names floating around to take over. House Whip Tom Emmer (R-Minn.) had also been named as an option, though he could also run to stay as whip.

All three House Republicans have been campaigning across the country in the lead-up to the election. If Republicans lose the House, GOP members will begin the race for minority leader almost immediately when they return to Washington.

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Capitol agenda: GOP ads have yet to overwhelm voters, poll finds

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Republicans have a massive campaign cash advantage going into the final stretch before Election Day, but a new Blue Light News poll shows they aren’t yet capturing voters’ attention.

More than 70% of poll respondents who had seen ads said they’d either seen more spots in support of Democrats or an equal amount between the parties over the past week — including ads on television, social media, or any other platform. Only 24% said they’d seen more ads for Republicans.

The numbers are striking considering Republican-aligned groups had triple the amount of cash on hand compared to their Democratic rivals going into the final months of the campaign. That figure includes the $400 million war chest that President Donald Trump’s MAGA Inc. super PAC reported over the summer, for which Dems have no equivalent.

Republicans have been racing to saturate key battlegrounds — and even some deep-red districts and states — with GOP messages in the final weeks before the midterms to counterbalance the favorable political environment for Democrats.

One reason GOP ad dollars could be getting less bang for their buck may lie in ad rates: direct campaign accounts from prolific individual fundraisers — Georgia Sen. Jon Ossoff or Texas Senate candidate James Talarico, for example — can buy ads at cheaper rates.

Timing may be another reason: Trump’s super PAC waited until recent weeks to start buying ads through affiliate groups, when rates were already high close to the election.

“It’s competition that drives [rates] up to these ridiculous amounts, and then when super PACs come in late with these reservations, it’s even more than a two times disadvantage,” Jeff Burton, GOP campaign strategist and president of Maven Advocacy Partners said in an interview.

Burton said Republican candidates will need to rethink spending strategies to catch voters’ attention in the final stretch. Still, having a cash advantage might only take some so far, he said, citing the massive outspending Michigan’s Abdul El-Sayed and Texas’ Ken Paxton overcame in their respective primaries.

“I think you’ll see a lot of these campaigns diversifying, paying for grassroots, paying for different mediums to try to reach voters,” Burton said.

The poll was conducted by surveying U.S. adults online between Oct. 3-5 with PF Global.

What else we’re watching: 

— FIRST IN IC: DEMS WANT A GOP APOLOGY TO JACK SMITH — Senate Judiciary Democrats are asking chair Chuck Grassley to issue an apology to former special counsel Jack Smith on behalf of GOP committee members and Sen. Eric Schmitt. A letter from committee Democrats to Republicans, obtained exclusively by Blue Light News also demands Grassley turn over the underlying records Schmitt used last month to levy false allegations against Smith of secretly attending an NBA game in Atlanta to conspire with local prosecutors about convicting Trump.

 

— HILL LOBBIES FOR UKRAINIANS IN U.S. — Lawmakers afraid the Trump administration will cancel protections for Ukrainian seeking refuge in the U.S. want the president to consider another option: Do nothing. The administration has until Oct. 19 to renew or cancel temporary protected status for more than 100,000 Ukrainians in the U.S. who fled the war still ravaging their country. While a number of lawmakers on both sides of the aisle are hoping Trump will renew the permission, some also support a backup option — letting the status expire without formally canceling it, triggering an automatic six-month extension.

Chris Marquette, Eric Bazail-Eimil and Andrew Howard contributed to this report.

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