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A judge sided with Trump. Behind the scenes, he was lobbying for a nomination.

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A Florida state judge was lobbying for a seat on the federal bench. After he sided with the president in a defamation case, Donald Trump gave him one.

Ed Artau, now a nominee to be a district court judge in Florida, met with staff in the office of Florida Republican Sen. Rick Scott to angle for the nomination less than two weeks after Trump’s election last fall, according to a new Senate disclosure obtained by Blue Light News. In the midst of his interviews, Artau was part of a panel of judges that ruled in Trump’s favor in the president’s case against members of the Pulitzer Prize Board.

About two weeks after the court published his opinion — which called for the overturning of a landmark Supreme Court case that made it harder for public officials to sue journalists — he interviewed with the White House Counsel’s Office. In May, Trump announced his nomination to the federal judiciary.

Critics raised concerns about Artau’s impartiality at the time of the announcement, in light of his ruling in the Pulitzer case. But the overlapping timeline of that decision with his meetings with Senate staff and the White House Counsel’s Office has not previously been reported.

Artau did not respond to a request for comment. In a statement, Harrison Fields, a White House spokesperson, said Trump had full confidence in his nominee and anticipated Artau’s confirmation.

“The standards of the President’s judicial nominations are simple: restoring law and order, ending the weaponization of the judicial branch, and interpreting the Constitution as written,” Fields said. “Ed Artau has demonstrated these principles throughout his esteemed career and will continue to do so as a judge on the U.S. District Court for the Southern District of Florida.”

The president has wide latitude to nominate whomever he wishes to the federal bench. But Artau’s vehement defense of Trump — while seeking a nomination from his administration — raises ethical questions about his partiality in the Pulitzer case. The administration’s decision to nominate Artau after that opinion also reflects a pattern of elevating those who have sought to ingratiate themselves with Trump.

“Coming across as an archpartisan is now perceived as something that can help your cause with President Trump,” Charles Geyh, a professor at Indiana University Maurer School of Law, said in an interview. “The idea that you would have a judge thinking you know, it’s a good idea to go on the warpath in support of the President, is really a new development.”

According to his official Senate questionnaire, Artau met with Scott’s general counsel on Nov. 14 to discuss his interest in the vacancy on the U.S. District Court for the Southern District of Florida. After Sen. Ashley Moody (R-Fla.) was appointed to the Senate in January to succeed now-Secretary of State Marco Rubio, Artau contacted her office to indicate interest in the nomination. At some point after that, Artau said he was informed the senators would recommend him.

On Feb. 12, the court published his opinion in Trump’s favor in the defamation case against the Pulitzer Board, and on Feb. 27, he interviewed with attorneys from the White House Counsel’s Office.

Thereafter, he was informed that he was under consideration for the nomination, and on May 27, he met with Trump, according to Artau’s answers provided in the questionnaire. Trump announced he would nominate Artau to be a district judge in South Florida the next day, writing in a post on Truth Social that Artau has “a GREAT track record of restoring LAW AND ORDER and, most importantly, Common Sense.”

In the Senate disclosure, Artau affirmed no one involved in the judicial nomination selection process “discussed with [him] any currently pending or specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any express or implied assurances concerning [his] position on such case, issue, or question.”

Scott’s office did not respond to a request for comment. Moody’s office declined to comment.

Artau’s opinion in the defamation case was unusual, in part because the ruling concerned a largely procedural matter. Trump had sued the Pulitzer Board for defamation after he requested that it rescind the 2018 awards given to The New York Times and The Washington Post for their coverage of Russian election interference and ties to Trump’s orbit. The three-judge panel in Florida, including Artau, allowed the case to proceed.

“’FAKE NEWS.’ ‘The phony Witch Hunt.’ And ‘a big hoax.’ President Donald J. Trump has publicly used these phrases to describe the now-debunked allegations that he colluded with the Russians to win the 2016 presidential election,” Artau wrote in his concurring opinion. “[T]he board members vouched for the truth of reporting that had been debunked by all credible sources charged with investigating the false claim that the President colluded with the Russians to win the 2016 presidential election.” (The Pulitzer Board has stood by its decision to grant them the award.)

Yet Artau’s opinion also suggested going further, arguing the Supreme Court precedent known as New York Times Company v. Sullivan wrongly applied the First Amendment in its ruling that required a public official to prove “actual malice” in a defamation case. While maintaining that the President had satisfied the standard in his case against the Pulitzer Board, Artau called for the Supreme Court to revisit the matter — a controversial position that Trump and his lawyers support.

Trump has repeatedly sought to punish news outlets who have written critical coverage of him. Among those efforts, he sued BLN for $475 million in a defamation case that alleged the network sought to undermine him politically. In the complaint, his lawyers argued the standard established in New York Times v. Sullivan should not apply where the media “seeks to participate in the political arena by offering propaganda.” A judge dismissed the case, but Trump’s appeal remains pending.

More recently, ABC News and anchor George Stephanopoulos settled with Trump in a defamation lawsuit after Stephanopoulos mischaracterized the outcome of E. Jean Carroll’s civil suit against Trump that found him liable for sexually abusing and defaming her.

Moving the federal judiciary to the right was a marquee accomplishment of Trump’s first term, during which he installed hundreds of judges on the bench and three Supreme Court justices. In recent months, his political operation has become increasingly critical of judges deemed hostile to his agenda and called for impeaching those who have ruled against him.

Artau is currently a judge on the Fourth District Court of Appeal in Florida, where he has served since he was appointed by Republican Florida Gov. Ron DeSantis in 2020. He earned his law degree from Georgetown University Law Center in 1988.

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Congress

Megabill threatens to languish as challenges pile up

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Republicans aren’t panicking about their fraying domestic policy bill. But they aren’t exactly sure about how it’s all going to come together, either.

Senate Republicans emerged from a closed-door lunch meeting Thursday putting on a brave face about the megabill’s progress. Yet this time last week, members were expecting revised text of the sprawling bill Monday with votes starting a couple of days later. In other words, they thought they’d be close to done by now.

Instead, Majority Leader John Thune refrained from giving his members a specific timeline during a closed-door lunch Thursday, according to three attendees granted anonymity to describe the private meeting. Senators are preparing to stay in town and vote through the weekend, but internal policy disputes and procedural roadblocks thrown up by the chamber’s parliamentarian are keeping firmer plans in flux.

A July 4 deadline being pushed by the White House hangs over Capitol Hill as the only real forcing mechanism, and some Republicans said they were glad to have it even if many others harbor doubts about whether that target can be met.

“I don’t think it gets easier to pass going longer,” said Sen. Kevin Cramer of North Dakota. “The more time we take, the more people find things they want to change.”

The latest blow for the GOP came after Senate Parliamentarian Elizabeth MacDonough warned that key Medicaid language would not comply with the strict rules that govern what can be included in a bill Republicans intend to pass along party lines using special budget rules. GOP senators expressed confidence they would be able to address MacDonough’s concerns, which some described as “technical,” and salvage the proposal.

But that, Thune acknowledged, will take time and threaten his plan of holding an initial vote Friday: “The parliamentarian’s decisions may push that back.”

Noticeably absent from the debate early Thursday was President Donald Trump, who has the bulk of his legislative agenda tied up in the bill. He returned late Wednesday from a trip to Europe and is scheduled to hold a White House event on the megabill Thursday afternoon.

His lobbying is widely seen as a necessary ingredient in getting the bill done. And for all the anxiety about the parliamentarian decisions Thursday, the more profound issue for Republicans are their internal divides about the policy provisions in the bill — particularly those dealing with Medicaid.

MacDonough’s rejection of initial language curtailing state provider taxes, which most states use to leverage federal health care dollars, emboldened the so-called “Medicaid moderates,” who believe the proposal is not ready for prime time. Nor have they been convinced by leadership’s offer of a $15 billion rural hospital fund, though negotiations are expected to force that number higher.

Sen. Josh Hawley (R-Mo.), who spoke with Trump Wednesday about the Medicaid language, said the ruling gave Republicans “a chance to get it right” and expected Trump would be more involved now that he’s “back on terra firma.”

“I think he wants this done. But he wants it done well. He doesn’t want this to be a Medicaid cut bill — he made that very clear to me,” Hawley said. “He said this is a tax cut bill, it’s not a Medicaid cut bill. I think he’s tired of hearing about all these Medicaid cuts.”

Senate Finance Chair Mike Crapo (R-Idaho) walked Republicans through MacDonough’s rulings during the closed-door lunch. Most left saying it would be relatively straightforward to tweak the proposal and keep it in the bill. Senate GOP leaders are counting on the questioned provisions to generate some $250 billion in savings to offset tax cuts and other costly items.

“I’m feeling much better after lunch,” Sen. Ron Johnson (R-Wis.) said walking out. “The parliamentarian did kind of a little bit of a hand grenade, but I’ve been encouraged by what we heard.”

The tight-lipped Crapo would not discuss details of MacDonough’s rulings Thursday. But Sen. John Hoeven of North Dakota said that, based on Crapo’s briefing, the issue had to do with a provision that would freeze provider taxes in states that have not expanded their Medicaid programs under the Affordable Care Act.

“It was a technical issue with a technical solution,” he said.

Other pitfalls remain to be seen. Republicans are still waiting for MacDonough to issue rulings on their tax plan, while other committees are waiting on final decisions on a crucial food-aid plan and other provisions they had to rework after she rejected their initial efforts.

And while senators have been focused on resolving their own disputes, they also have to be mindful of the narrowly divided House — where pockets of Republicans have continued to raise angry objections to changes their Senate counterparts have been making to the bill that passed the House last month.

No group has been more vocal than the blue-state Republicans pushing for an expansion of the state-and-local-tax deduction. They received an offer brokered by the administration Thursday that would keep the House-passed $40,000 deduction cap but lower the income threshold and change how the deduction is indexed to inflation, according to three people granted anonymity to describe the talks.

Rep. Nick LaLota (R-N.Y.) was one of several key players who poured cold water on the offer, saying that he “declined the offer to participate … in further faux-negotiations until the Senate gets real.” Sen. Markwayne Mullin (R-Okla.), a key go-between, insisted “we’re going to find a landing spot.”

For House conservatives, meanwhile, the outrage of the day was MacDonough’s new decisions axing the health care provisions — including some aimed at excluding undocumented immigrants from federal benefits. Several publicly called on senators to overrule the parliamentarian, or fire her outright — a power Thune holds.

Most Republican senators rejected that demand Thursday, warning that it would derail the reconciliation process.

“People should remember that what comes around goes around when it comes to the parliamentarian,” said Sen. Susan Collins (R-Maine), a key undecided vote. “She may rule the way you like one day, the way you don’t the next.”

Thune also rejected calls to sidestep MacDonough, though the headache could become substantially worse if Trump weighs in. So far the White House is staying out of the Senate’s procedural machinations and even Trump’s allies are signaling that he should keep quiet when it comes to MacDonough.

“I hope he doesn’t,” Cramer said.

Benjamin Guggenheim and Meredith Lee Hill contributed to this report. 

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Congress

Thune says Senate won’t overrule parliamentarian

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Senate Majority Leader John Thune said Thursday the Senate would not move to overrule its parliamentarian after she advised that including key provisions in the GOP’s domestic-policy megabill would expose it to a fatal Democratic filibuster.

After the decisions were publicized Thursday, multiple conservative Republicans called on the Senate to sideline MacDonough. But when asked by Blue Light News about overruling her, Thune said, “No, that would not be a good option for getting a bill done.”

The rulings from Parliamentarian Elizabeth MacDonough affected several major pieces of the GOP plan, including a provision that would crack down on provider taxes that states used to fund their Medicaid programs as well as measures meant to exclude undocumented residents from public benefits. Republicans are expected to try to rewrite the provisions in hopes of winning MacDonough’s blessing.

“How is it that an unelected swamp bureaucrat, who was appointed by Harry Reid over a decade ago, gets to decide what can and cannot go in President Trump’s One Big Beautiful Bill?” wrote Rep. Greg Steube (R-Fla.) on X.

“The WOKE Senate Parliamentarian, who was appointed by Harry Reid and advised Al Gore, just STRUCK DOWN a provision BANNING illegals from stealing Medicaid from American citizens,” added Sen. Tommy Tuberville (R-Ala.), also on X. “This is a perfect example of why Americans hate THE SWAMP.”

The parliamentarian rulings are crucial because Senate Republicans are seeking to use special budget reconciliation rules to avoid a Democratic filibuster and pass the bill on party lines; those rules limit such bills to strictly fiscal-related matters.

While the parliamentarian serves only as an adviser to the Senate’s presiding officer and can be overruled — or fired — members generally heed her guidance out of a bipartisan desire to preserve the filibuster for most legislation and to otherwise observe the Senate’s norms. Recently, Thune took pains to arrange a Senate vote overruling an EPA decision on California emissions standards in such a way that MacDonough would not be directly overruled.

MacDonough, who has spent more than 25 years as a Senate staffer and served as parliamentarian since 2012, has been the subject of controversy virtually any time senators have sought to use the party-line reconciliation process. Multiple Democratic lawmakers, for instance, called on the Senate to overrule her in 2021 after she advised that a minimum wage increase could not be included in their then-pending domestic policy bill.

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Congress

Senate GOP dealt major blow on megabill health care plans

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Senate Republicans are facing major new issues with their domestic policy megabill after the chamber’s parliamentarian advised senators that several provisions they are counting on to reap hundreds of billions of dollars in budget savings won’t be able to pass along party lines.

Those include of major pieces of Medicaid policy, including politically explosive plan to hold down Medicaid costs by cracking down on state provider tax — a provision that is expected to have a nine-figure impact on the bill. Republicans now will have to try to rewrite major sections of their Finance bill or potentially leave out key policies.

The decisions were detailed in a Thursday morning memo from Democrats on the Senate Budget Committee. Other provisions now at risk include several GOP proposals to exclude undocumented residents from Medicaid, including by withholding federal funds from states that make them eligible for benefits.

The rulings come at a precipitous time for Senate Majority Leader John Thune and other GOP leaders, who are already facing a revolt inside their conference from members wary of the practical and political impact of the Medicaid changes. They have proposed reverting to a less drastic House plan, which would merely freeze the existing provider taxes, though it’s unclear if that provision could also pass muster under Senate rules.

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