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Capitol agenda: Jack Smith jumps into a Judiciary minefield

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Jack Smith wants to make his case against Donald Trump to Congress — but he’s walking into a political and legal minefield.

The Biden-era special counsel who brought the first and only federal criminal charges ever leveled against a former president is set to testify Wednesday morning to members of House Judiciary.

The stakes are high.

Republicans are looking to portray Smith as a tool of a weaponized Justice Department — an allegation Republicans have brandished amid recent revelations Smith obtained phone records of at least eight GOP senators as part of his probe into Trump’s efforts to subvert the 2020 election results.

“What they did all along, everything was wrong … a lot of things that were just not normal course of investigation or prosecution,” Chair Jim Jordan (R-Ohio) told Blue Light News. “If he comes in and doesn’t answer questions, that’s going to be a problem.”

Judiciary Republican Troy Nehls of Texas, when asked about his ideal outcome for Smith’s deposition, didn’t hold back.

“Jack Smith should be in jail — if not prison,” he said. “He’s a crook … and he needs to be held accountable for all his games that he played.”

Democrats, meanwhile, are eager for more information about the investigations Smith had to abandon after Trump won reelection in 2024, bowing to the fact that sitting presidents cannot face federal charges while in office. Smith was investigating Trump for election subversion attempts and mishandling classified documents.

“We want to hear exactly what he found, and what he did,” said Jamie Raskin (D-Md.), the top House Judiciary Democrat.

Peter Koski, a former top DOJ official and a member of Smith’s legal team, said in a statement his client is “looking forward to answering the committee’s questions, sharing the legal basis for his investigative steps, and discussing the evidence of President Trump’s alleged efforts to overturn the 2020 election and his unlawful possession of classified documents at Mar-a-Lago.”

But Smith is bound by complex secrecy rules that limit what he is able to share with lawmakers.

Raskin maintains Smith’s task Wednesday is simple: “He just needs to come and tell the truth.”

What else we’re watching:   

— Decision day for health care: The House will vote Wednesday on the GOP health care package without an Affordable Care Act subsidy extension — and without any of the amendments moderates were seeking. Members are set to vote on the rule Wednesday morning, with the final vote on the bill expected Wednesday afternoon (assuming the rule is adopted).

The Problem Solvers will also huddle with rank-and-file senators Wednesday to discuss a framework that includes an ACA extension and other health policy items for January.

— Carr in the hot seat: FCC Chair Brendan Carr’s appearance before Senate Commerce Wednesday will be a telling moment for Republicans as GOP committee members balance concerns over free speech with their reluctance to criticize the administration.

Commerce Chair Ted Cruz (R-Texas) told reporters Tuesday he plans to use the FCC oversight hearing to explore free speech concerns, though it’s unclear how far most Republicans on the committee will go in relitigating Carr’s threats against TV show host Jimmy Kimmel earlier this year.

Kyle Cheney, Meredith Lee Hill, Mia McCarthy and John Hendel contributed to this report.

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Congress

Max Miller subpoenas ex-father-in-law Bernie Moreno

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Rep. Max Miller issued a subpoena to his former father-in-law and fellow Ohio Republican, Sen. Bernie Moreno, in the latest escalation of a long-running family legal drama.

Pamela MacAdams, an attorney for Miller, reported to the Cuyahoga County Domestic Relations Court Monday that three subpoenas were served in Miller’s divorce case, according to court records. A person with knowledge of the subpoenas granted anonymity to comment on them said that two were sent to Moreno and his wife, Bridget.

Their daughter, Emily Moreno, was married to Miller, and the two remain embroiled in a nasty legal battle.

Spokespeople for Miller, Emily Moreno and Bernie Moreno did not immediately return requests for comment. TMZ first reported on the subpoenas.

Miller is seeking reelection in a competitive district, and his campaign has been marred by accusations of domestic abuse against Emily Moreno and their daughter. Miller has repeatedly denied the allegations and chose to remain in the race despite other Republican lawmakers pressuring him to withdraw his campaign.

The House Ethics Committee, which began an inquiry into Miller after Miller asked to be investigated, is currently in a preelection blackout period. During that period, which will continue through the midterms, the Ethics Committee doesn’t take any action against sitting members who could return next Congress.

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Trump declares $1B canceled in ‘pocket rescission’ in another affront to Congress’ funding power

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President Donald Trump informed congressional leaders Friday that he has unilaterally canceled almost $1 billion without Congress’ consent — employing a budget maneuver many lawmakers consider illegal.

In a move that will almost certainly set up an ugly government funding battle after the midterms, Trump has again claimed the power to execute a so-called “pocket rescission” to nix money Congress has already enacted. The money his administration will claw back is for for immigration services, support to foreign countries, education programs, health research efforts and assistance for businesses owned by minorities.

By law, the president is allowed to send Congress a request to rescind federal funding, then withhold that money for 45 days while lawmakers consider whether to approve, reject or ignore it. Trump administration officials also argue they have the power to cancel funding without any congressional action by sending Congress a rescission request with less than 45 days left in the fiscal year. The argument is that the money automatically gets canceled on Sept. 30, when funding lapses at the end of the fiscal year.

Last year, Trump canceled $4.9 billion in foreign aid.

The Senate’s top Republican appropriator, Sen. Susan Collins of Maine, immediately blasted the move as illegal, saying in a statement Friday night that “any effort to rescind appropriated funds without congressional approval is a clear violation of the law.”

“This move shows that OMB intentionally withheld these funds for months to execute this unlawful cancellation of appropriations that were approved on a bipartisan basis and signed into law,” Collins added, pledging to work with other lawmakers “to address these illegal actions.”

Collins and other appropriators have already been on high alert in recent days, pressing multiple agencies about funding officials have yet to spend ahead of the expiration date.

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Gallego grades Democrats on their midterm messaging to men

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Democrats are finally catching on to how to talk to young male voters in the lead-up to the midterms, but the party can still up its game, one battleground senator and potential 2028er said Friday.

Sen. Ruben Gallego (D-Ariz.) has been one of his party’s most outspoken critics on its handling of outreach to young men, who swung right and helped deliver the White House and both chambers of Congress to Republicans in 2024.

The party is now “definitely moving in the right direction,” Gallego said Friday.

“Like back in the day, I was like the only one,” putting out positions on men, Gallego said at a Washington event on young American men. “Now, like, it seems like everyone every week is coming out with a new position, new idea, which is great.”

Gallego has criticized Democrat’s failure to highlight mens’ struggles and their tendency to over-police mens’ ideas. But there are signs the political winds have shifted in his party’s favor.

A new Cygnal poll released with the event of men ages 18-30 who say they’re the most determined to vote revealed Democrats’ generic ballot lead over Republicans at 57%-40%, Blue Light News reported. The poll also said nearly 40 percent of respondents said they feel their lives are off track.

“We need to take the opportunity to invest in that portion of this country, to say that we care about them and actually try to change the trajectory of what’s happening with men in this country,” Gallego said at the symposium.

Still, the path for specific legislation targeting the needs of this demographic faces an incredibly tight calendar this Congress and is uncertain in the political landscape of next year.

A proposal from Gallego and Sen. Roger Marshall (R-Kan.) to establish a men’s health office within the Department of Health and Human Services, for example, has not advanced. Nor has bipartisan legislation from Sen. Bill Cassidy (R-La.), who also spoke at the event, targeting education outcomes, college investment transparency and dyslexic student support.

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