Congress
Capitol agenda: GOP struggles on affordability message
The Senate is set to vote Thursday on whether to extend Obamacare health insurance subsidies that expire in 23 days. How Republicans will engage remains up in the air, as the party struggles more broadly to reach consensus on a range of “affordability” issues.
Here’s where things stand heading into the big vote.
The Senate GOP’s missing plan — Senate Democrats are poised to get a vote on a three-year extension of Affordable Care Act tax credits — a bill that will likely fail. Republicans are leaning against holding a separate vote on their own alternative as they face internal divisions over what to put forward. The decision isn’t final, and some Republicans could try to advance proposals via unanimous consent.
Mysterious House action — Speaker Mike Johnson surprised a number of Republicans last Thursday when he said he planned to roll out a health care framework in time to present to his conference by early this week. The House GOP strategy is expected to be a major topic of discussion during a retreat of committee staff directors and leadership staff that wraps tonight in Boston. The House Republican plan is likely to encompass bills that committees have been working on to boost health care options beyond the ACA — not an extension of Obamacare subsidies.
The big picture on the GOP and affordability — Republicans’ struggle over how to address the expiring ACA subsidies — a lapse that would raise health premiums for millions of Americans — is representative of broader GOP floundering over how to decisively respond to cost-of-living concerns ahead of the midterms.
Beyond health care, the Trump administration’s proposal to distribute $2,000 rebate checks has gotten a lukewarm response on Blue Light News, and intraparty sparring has weighed on other smaller bills to address things like housing costs and student debt. Top Republicans acknowledge they haven’t done enough to sell the economic benefits of the “one big, beautiful bill,” and internal divisions threaten any attempt to follow up on it.
Just this weekend, congressional leaders released a compromise version of the annual National Defense Authorization Act without housing legislation sought by Senate Banking Chair Tim Scott (R-S.C.) and ranking member Elizabeth Warren (D-Mass.), after House Financial Services Chair French Hill (R-Ark.) and other key House Republicans objected.
President Donald Trump himself has recently called the emphasis on affordability a “hoax” perpetrated by Democrats, even as 37 percent of those who voted for him last year say the cost of living in the U.S. is the worst they can remember it being, according to a new POLITICO Poll.
“We haven’t probably messaged as effectively as we should,” Senate Majority Leader John Thune said in an interview. “I think we’ll have lots of opportunities now that we’re getting into an election year to talk about the things we’ve done and how they are going to lead to things being more affordable for the American people, probably starting with tax relief next year.”
What else we’re watching:
— NDAA on track for House vote this week: Compromise NDAA text is out and House GOP leaders are targeting a floor vote Thursday or Friday. The first stop is a Rules Committee hearing, which could come as early as Tuesday.
— Government funding action: House GOP leaders are eyeing putting at least one appropriations bill if not two on the floor next week, right before they leave for the holiday recess. One senior House Republican says Appropriations Chair Tom Cole (R-Okla.) and other appropriators are expected to lean on leadership in the coming days.
Jordain Carney, Benjamin Guggenheim, Meredith Lee Hill, Jasper Goodman, Connor O’Brien and Mia McCarthy contributed to this report.
Congress
Wesley Hunt dodges questions on spotty voting record
Rep. Wesley Hunt refused to answer repeated questions about his spotty voting record Thursday after he appeared in the Capitol for the first time in two weeks.
The Texas Republican has missed dozens of votes this Congress as he seeks the Senate seat now held by fellow Republican John Cornyn. His last recorded vote before providing the decisive vote Thursday to kill a measure constraining President Donald Trump’s war powers in Venezuela was on Jan. 7.
“Y’all be safe, y’all be safe — the storm is coming,” he said, referring to the upcoming winter weather, as reporters peppered him with questions about why he has missed so many House votes.
Earlier in the day a Hunt spokesperson said he was on his way back to Washington at Speaker Mike Johnson’s request after being told by another, unnamed GOP leader “that his presence in D.C. was not needed this week.”
Congress
Republicans tried to snag Jack Smith on technicalities. But they didn’t engage with the facts.
Republicans finally had their moment to take on the man who tried to put President Donald Trump in jail. But they didn’t land any significant blows.
During Thursday’s House Judiciary Committee hearing with Jack Smith, GOP members spent almost no time challenging the facts of the criminal case that the former special counsel brought against Trump: that he conspired to corrupt the results of the 2020 election and seize a second term he didn’t win.
Instead, Republican committee members spent much of the hearing challenging the technical aspects of Smith’s probe into Trump’s election interference, including whether the veteran federal prosecutor properly signed his oath of office as special counsel and if he was sufficiently cognizant of the Constitution’s “speech or debate” clause that protects Congress from executive branch overreach.
They questioned whether Smith was too friendly with a Justice Department official who recommended him for the special counsel position and challenged his approval of a $20,000 payment to a confidential human source for the FBI who was reviewing video and photos for the bureau.
House Judiciary Committee chair Jim Jordan pressed Smith on his view of the House’s now-defunct select committee to investigate the events of Jan. 6, 2021, which also probed Trump’s 2020 election gambit. He also questioned that panel’s reliance on former Trump White House aide Cassidy Hutchinson to implicate Trump in plans to overturn the results favoring Joe Biden.
“Democrats have been going after President Trump for 10 years. For a decade. And the country should never, ever forget what they did,” Jordan said.
This nibbling around the edges by Republicans underscores the GOP’s lingering discomfort with Trump’s bid to subvert the election — an effort that preceded a violent attack on the Capitol by a mob of the president’s supporters. Several Republicans on the Judiciary Committee were among those who fled the rioters that day and condemned the violence at the time, and none at the hearing suggested Trump actually prevailed against Biden.
The posture of committee Republicans Thursday also gave Democrats ammunition to claim that Republicans had no legitimate argument with the substance of Smith’s findings — both in the election interference case and in the case alleging mishandling of classified documents at Mar-a-Lago.
“Our Republican colleagues want to try to dirty up his investigation, but they want to try to avoid as much as possible the underlying facts, because it’s all about what is incontrovertibly true: Donald Trump’s determined plan to overthrow the 2020 presidential election,” said Rep. Jamie Raskin of Maryland, the top Democrat on the Judiciary Committee, in an interview during a break in the hours-long hearing convened to receive Smith’s first-ever public testimony.
Raskin and other Democrats feel so emboldened by Smith’s testimony Thursday that they are now asking Jordan to hold a continuation of the hearing as soon as a report is unsealed that would allow Smith to go into more detail about the classified documents charges he sought to bring up against Trump.
The most forceful attack on Smith came from Trump himself who appeared to have watched or been briefed on aspects of the hearing during his trip to Europe.
“Jack Smith is a deranged animal, who shouldn’t be allowed to practice Law,” Trump said on Truth Social. “Hopefully the Attorney General is looking at what he’s done, including some of the crooked and corrupt witnesses that he was attempting to use in his case against me.”
Smith, who later said he expected the Trump administration would pursue federal criminal charges against him “because they have been ordered to by the president,” forcefully defended his office’s work throughout the hearing Thursday. He denied that politics played any role in his team’s findings and calmly parried the attacks Republicans lobbed at him over his investigative tactics and decision to bring charges at all.
And he repeatedly suggested the failure to hold Trump accountable for his 2020 election maneuvering could invite future attacks.
“I have seen how the rule of law can erode. My feeling is that we have seen the rule of law function in our country so long that many of us have come to take it for granted,” Smith said. “The rule of law is not self-executing.”
Smith’s hearing, which came weeks after the public release of his closed-door deposition testimony to the panel late last year, also provided a venue for relitigating the events of Jan. 6 — specifically who was responsible for the violent event. Rep. Joe Neguse (D-Colo.) called the hearing “theater” for Republican lawmakers seeking to rewrite the history of the attack, noting the presence in the audience of police officers who defended the Capitol that day.
Also in attendance at the hearing was Stewart Rhodes, the founder of the Oath Keepers, who was convicted of seditious conspiracy for his role in the Jan. 6 riot and sentenced to 18 years in prison before Trump commuted his sentence last year.
“I want to see true transparency in our government,” Rhodes said in an interview, adding that it was “really kind of surreal” to be back in the Capitol complex after being banned prior to his commutation.
At some points emotions ran high, such as when former Metropolitan Police Force officer Michael Fanone coughed “Fuck yourself” when Rep. Troy Nehls (R-Texas) opined that police bore responsibility for the Jan 6. security breach at the Capitol. There was also a tense confrontation between Fanone and Ivan Raiklin, an activist and advocate for Jan. 6 defendants, that almost culminated in a physical altercation.
Throughout the day Smith remained straight-faced and measured, offering little visible reaction as the occasionally irate Republicans repeatedly condemned his work and attacked his character in deeply personal terms.
He also appeared unmoved amid the effusive praise from Democrats, who repeatedly thanked him for his service to the country and urged him not to bow to intimidation from Trump and his allies.
Democrats eagerly teed up the evidence Smith amassed in his Trump investigations that underscored their view that Trump knew he lost the election but attempted to stay in power anyway.
Smith has said Trump’s campaign of lies about election fraud fueled the Jan. 6 attack on the Capitol that resulted in hundreds of assaults on law enforcement officers. He has also said Trump exploited the violence to try and pressure Congress to block Joe Biden’s victory.
“I’m so pleased you’re here on national TV telling the American people that Trump was indicted, he was indicted lawfully and multiple grand juries secured those indictments,” said Rep. Ted Lieu (D-Calif.) said during the hearing.
But Republicans spent little time questioning that narrative: Rep. Brandon Gill (R-Texas) asked whether Smith’s subpoenas for GOP lawmakers’ phone data — revelations that reignited the party’s determination to compel Smith’s Capitol Hill testimony — violated the Constitutional speech and debate clause that protects correspondence about the legislative process.
Rep. Scott Fitzgerald (R-Wis.) suggested that Smith was appointed special counsel because of a friendship with another Justice Department staffer in the Biden administration.
Even when a handful of Republicans did question Smith’s case against Trump, they focused largely on whether Trump could be excused for his conduct if he genuinely believed he won the election — even though he was defeated and the results were certified in Biden’s favor.
“I’ve talked to Donald Trump over a period of time. Donald Trump is 100 percent certain he won that election,” said Rep. Glenn Grothman (R-Wis.). “There is zero percent chance that he believes he lost.”
Rep. Laurel Lee (R-Fla.) noted that Trump relied heavily on a team of legal advisers as he worked to reverse the election results and said Smith needed to prove Trump “knowingly” sought to subvert the outcome.
Smith, both in the indictment against Trump and his testimony Thursday, repeatedly argued that Trump knew he lost.
“He was looking for ways to stay in power,” Smith said. ”When people told him things that conflicted with staying in power, he rejected them.”
Congress
House approves Homeland Security funding amid ICE uproar
The House passed funding for the Department of Homeland Security Thursday by a narrow margin amid a Democratic uproar over President Donald Trump’s aggressive immigration enforcement agenda.
The 220-207 vote puts Congress on track to clear the last annual spending bills ahead of the Jan. 30 deadline, avoiding a partial government shutdown. The DHS measure funds the Coast Guard, ICE, CBP, FEMA, TSA and other agencies through the end of the current fiscal year on Sept. 30.
It was a victory for House GOP leaders, who overcame attendance issues and concerns about the overall size of the spending package within their ranks. The House has now passed nine of the 12 annual appropriations bills, with the remainder set for a vote later Thursday.
Democrats demanded a standalone vote on the DHS funding bill so that their caucus could voice their objection to the Trump administration’s harsh enforcement tactics — a concern that has been amplified by recent ICE and CBP operations in Minnesota.
As recently as Tuesday morning, it was not clear that the two parties would be able to strike a compromise on funding DHS.
“That was really negotiated right to the end,” Rep. Rosa DeLauro of Connecticut, the top Democratic appropriator in the House, told reporters. “And I believe that portion of the negotiation had to go to the White House, where you had Stephen Miller and somebody who was really making a determination on it.”
DeLauro was among the Democrats who voted against the bill, announcing on the floor that she had too many misgivings about the Trump administration’s immigration agenda. Only seven Democrats ended up voting for the bill; some argued that the negotiated bill was preferable to the alternatives — a stopgap measure that would give Trump a freer hand to run the department, or a shutdown that would affect key nonimmigration agencies such as TSA. Rep. Thomas Massie of Kentucky was the only Republican opposed.
Divisions over DHS funding have only deepened as the Trump administration has ramped up immigration enforcement, even far from the border. Coming to an agreement only got harder as Democrats stepped up their criticism after two incidents in Minnesota: one where an ICE agent shot and killed U.S. citizen Renée Good and another when an ICE officer shot an undocumented man during an arrest.
Democrats were hoping to put significant guardrails on the conduct of ICE and CBP officers in the spending bill. The compromise bill that includes funding for body cameras and additional training did not satisfy most on the Democratic side.
House Democratic leaders, including Minority Leader Hakeem Jeffries, spoke out against the bill during a closed-door caucus meeting Wednesday. Leadership heard “overwhelmingly” from their caucus members ahead of the vote that this bill did not do enough to rein in ICE following recent clashes in Minnesota.
Some Democrats wanted more than guardrails, calling instead for defunding and dismantling ICE altogether.
“It has some additional provisions for body cameras, for extra training, things like that, that we think will increase the professionalism, but it’s a good, solid bill,” House Appropriations Chair Tom Cole (R-Okla.) said Wednesday.
The final compromise would keep ICE funded at $10 billion for the fiscal year and would reduce the agency’s budget for enforcement and removal efforts. It would require DHS to use $20 million to outfit immigration enforcement agents with body cameras, direct the department to give officers more training on defusing conflict while interacting with the public and provide a separate $20 million for independent oversight of DHS detention facilities.
The House will vote separately on a three-bill measure to fund the Pentagon and departments of Health and Human Services, Labor, Housing and Urban Development, Transportation and Education through the end of September. Under a procedural measure approved earlier Thursday, those bills will be bundled together with the DHS measure and a previously approved two-bill package before being sent to the Senate.
The Senate is expected to consider that six-bill package when the chamber returns from recess next week. While many Democratic senators are already announcing their opposition based on the ICE funding, others will be hard-pressed to reject spending on the Pentagon and key domestic agencies — many of which are being funded at levels well beyond what the Trump administration proposed.
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