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Capitol agenda: No deal as the shutdown marches toward Week Three

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Lawmakers are desperately throwing around ideas on how to end the shutdown as it heads toward its third week — and as federal workers start feeling the hole in their paychecks Friday.

The Senate officially headed home for the long weekend and will return Tuesday to vote for an eighth time on the GOP-led CR. Senate Minority Leader Chuck Schumer can still force one more vote on the Democratic stopgap.

However, Republicans are not expected to let him file cloture again on his party’s bill, Sen. Kevin Cramer (R-N.D.) told Blue Light News. The shift in strategy to cut off more votes on the dueling funding measure is a bid to force Democrats to make a binary choice on the GOP-led bill.

One off-ramp idea from Senate Republicans is to vote on Obamacare subsidies as soon as the government reopens — something New Hampshire Sen. Jeanne Shaheen, the lead Democratic negotiator, called “promising.” Sen. Markwayne Mullin (R-Okla.), the White House’s unofficial Democrat whisperer, pitched a new stopgap funding plan Thursday that would push the deadline to Dec. 18 or 19, rather than Nov. 21.

Those were nonstarters for Democratic leaders. Whip Dick Durbin said he is “looking for more” than a promise to vote on extending Affordable Care Act subsidies. Schumer echoed that sentiment, and also told Blue Light News that Mullin’s plan “doesn’t make the grade.” Schumer said neither proposal guarantees a vote in the House.

Any tweaks to the CR would also require the House to pass a new stopgap — and Speaker Mike Johnson is dead set on keeping the House out of session as long as it takes to pressure Senate Democrats.

“Emotions are high. People are upset — I’m upset,” the speaker said Thursday. “Is it better for them, probably, to be physically separated right now? Yeah, it probably is, frankly.”

Johnson’s sticking to his strategy amid growing pushback from his own members. That includes Rep. Elise Stefanik (R-N.Y.), a member of Johnson’s leadership team, who said the House should come back to pass standalone funding to pay the troops. Active-duty service members are on track to miss their first paychecks of the shutdown on Wednesday, though the White House is trying to figure out how to shift funds around to pay them.

Rep. John Rutherford (R-Fla.) told Blue Light News he wants the Senate to get rid of the filibuster to reopen the government. A few other Republicans like Rep. Marjorie Taylor Greene of Georgia and Sen. Bernie Moreno of Ohio have also flirted with that idea.

But Senate Majority Leader John Thune on Thursday ruled out deploying the so-called nuclear option, and a number of other GOP senators worry it would come back to bite them once they’re in the minority.

What else we’re watching:   

On the agenda: Johnson will hold a press conference with other House GOP leaders and House Administration Chair Bryan Steil at 10 a.m before co-hosting a press call with the House Freedom Caucus at 11 a.m. House Democrats will have a virtual caucus at noon.

Next steps for the defense bill: Senators struck a deal to break their monthlong impasse on the annual defense authorization bill Thursday, agreeing to vote on a package of 17 amendments and ultimately passing the full $925 billion measure in a 77-20 vote. That puts leaders of the House and Senate Armed Services committees on track to begin negotiating a compromise defense bill by their goal of Thanksgiving.

Jordain Carney and Connor O’Brien contributed to this report.

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Congress

Joe Wilson hospitalized

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Rep. Joe Wilson (R-S.C.) was hospitalized after falling in his home on Wednesday evening.

Wilson’s office said on Thursday that the 78-year-old is fine and working remotely.

“Last evening, Congressman Wilson slipped in the bathroom of his residence in Washington and cut his head,” David Snider, a spokesperson for Wilson, said in a statement. “He received stitches, is fine, and working remotely.”

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‘You lose your credibility’: Democrats warn against turning a blind eye to a colleague’s misconduct

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House Democrats will soon have to choose between protecting an embattled colleague or insulating themselves from politically damaging accusations of hypocrisy.

The House Ethics Committee will begin the process Thursday of determining whether Rep. Sheila Cherfilus-McCormick warrants punishment as extreme as expulsion over accusations that she stole millions in FEMA funds and committed various campaign finance infractions.

The bipartisan panel that typically operates in secret is holding a public “trial” — the first in nearly 16 years — that will litigate those allegations as the third-term Florida Democrat faces federal criminal charges in her home state. Cherfilus-McCormick has maintained her innocence, saying “the full facts will make clear I did nothing wrong.”

House Democratic leaders have so far taken a hands-off approach to the saga.

Minority Leader Hakeem Jeffries and his office say that Cherfilus-McCormick is “entitled to her day in court and the presumption of innocence,” and Caucus Chair Pete Aguilar of California told reporters Wednesday he also would not “prejudge any outcome” of the Ethics Committee’s proceedings.

But after Democrats agitated for the removal of serial fraudster Rep. George Santos of New York ahead of a full Ethics process in 2023, the party could be vulnerable to political attacks if it doesn’t now police a credibly accused embezzler in its own midst.

“If they give us conclusions that this actually happened, and there’s no question of doubt as to the fact that laws were broken, then our colleague will have to face the consequences of that — it’s plain and simple,” said Rep. Stephen Lynch (D-Mass.) in an interview.

“You lose your credibility if you’re applying a different set of laws and a different standard to people of the other party,” he said. “I mean, how could we ever justify anything we do if we only apply that to Republicans, and we don’t follow the law?”

Rep. Becca Balint (D-Vt.) said her party has to be mindful of how voters perceive corruption in Washington.

“I think there’s pressure on all of us in elected office right now,” she said in an interview. “Neither party is trusted by the public that we’re going to fight corruption. … I know from talking with my own constituents that this is a real issue for both parties, not just Republicans.”

These warnings come as Democrats have repeatedly over the past several months declined to punish their own members as they faced allegations of wrongdoing. They restored Rep. Henry Cuellar of Texas to his post as the senior Democrat on the Homeland Security Appropriations subcommittee after he received a pardon by President Donald Trump; he had taken a leave of absence while being scrutinized for allegations of bribery.

Most looked the other way when retiring Rep. Chuy García of Illinois boxed out other potential successors and orchestrated his chief of staff’s ascension to succeed him. And they helped Del. Stacey Plaskett of the Virgin Islands dodge a Republican-led censure attempt following revelations she had texted convicted sex offender Jeffrey Epstein during an Oversight Committee hearing.

Now they’ll have to decide what to do about Cherfilus-McCormick.

A House Ethics subcommittee will meet Thursday afternoon to consider a motion for summary judgment — in effect, whether or not to declare her guilty. If it does, the full panel will schedule a hearing for a later date to determine what punishment to recommend, and the House will then vote to execute it.

Members of the subcommittee could suggest something as minor, though embarrassing, as a reprimand or censure. It could also call for her expulsion. House GOP leaders believe they will have the requisite two-thirds majority to expel Cherfilus-McCormick and plan to force such a vote, according to three people granted anonymity to speak candidly about top House Republicans’ plans. But leaders are waiting to see what the panel recommends at the conclusion of the trial.

In a statement Wednesday, Cherfilus-McCormick said she was “innocent” and a “fighter,” and she criticized the Ethics Committee for proceeding with the trial despite her request for a delay that would give “my legal team reasonable time to prepare.” The committee already delayed the trial once after Cherfilus-McCormick lost her representation.

“I urge the Committee to follow its own precedents and uphold fairness and not allow this process to be driven by politics or numbers,” she said.

Santos is the most recent member of Congress to be expelled for using campaign donations for personal expenses — an action his colleagues took after the Ethics Committee issued a report substantiating the claims against him but before it could hold a trial and recommend punishment.

“Some of my Republican colleagues thought it was premature. They thought that he should have gotten a trial before we expelled him,” said Rep. Nick LaLota (R-N.Y.), who pushed for Santos’ removal from office. “I always said that he admitted to the very thing we were accusing him of was enough process — enough due process — to throw him out.”

Cherfilus-McCormick, in contrast, is pleading not guilty — which LaLota suggested could give Democrats some political cover to give her the benefit of the doubt. He added, however, “The accusations are totally gross. Kind of looks like she did it.”

The last time the House Ethics Committee held a formal trial was in 2010 for the late-Rep. Charlie Rangel (D-N.Y.), who was ultimately censured for a vast range of violations, including tax evasion.

Ethics Committee Chair Michael Guest (R-Miss.) said his panel has been reviewing the Rangel proceedings as a guide for how to approach the Cherfilus-McCormick trial, saying the committee intends to “follow the map that has been laid out in the previous hearings.”

But the Rangel episode was also a deeply emotional and uncomfortable situation for many of the beloved veteran lawmaker’s peers, with Rep. Zoe Lofgren (D-Calif.), who was the chair of the Ethics Committee at that time, recalling in an interview that it was “a very depressing experience.”

Some House Democrats are now struggling with the uncomfortable task of having to potentially render career-ending judgment on a colleague.

“She’s a dear friend,” said Rep. Sydney Kamlager-Dove (D-Calif.). “I am waiting, I think, like everyone else, to see how all of this plays out in court. That’s something that we all have the benefit of getting. I think you are innocent until proven guilty.”

Meredith Lee Hill contributed to this report.

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Congress

Capitol agenda: DHS despair takes hold on Blue Light News

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The vibes are bad.

An overwhelming sense of frustration and despair is taking hold on Capitol Hill as lawmakers struggle to reach a deal on DHS funding before a two-week recess begins Friday.

The funding framework Republican senators sketched out with President Donald Trump Monday appears to be on life support and there’s no backup agreement. Democrats say Republicans suddenly gave up this week on negotiating new rules for immigration enforcement agents. Trump is showing little interest in driving a deal, blaming Democrats for backing out of agreements with Republicans.

“Because they don’t want to settle,” Trump said at Wednesday night’s NRCC dinner. “They want chaos.”

Bipartisan talks continued late Wednesday night, and Senate Majority Leader John Thune is leaving the door open to keeping senators in Washington into or through the recess. But Republicans privately expect to have attendance issues after several colleagues just skipped out on a rare weekend session to work through the SAVE America Act.

“I just want to go home,” said one GOP senator granted anonymity to vent.

What else we’re watching: 

— Sheila Cherfilus-McCormick hearing: Rep. Sheila Cherfilus-McCormick (D-Fla.) will appear before House Ethics Thursday for a rare public “trial” over financial fraud charges. House Democratic leaders are steering clear of condemnation as she faces a likely expulsion vote.

Cherfilus-McCormick faces accusations that she stole millions in FEMA funds and committed various campaign finance infractions. She has maintained her innocence, saying “the full facts will make clear I did nothing wrong.”

House GOP leaders believe they will have the requisite two-thirds majority to expel her and plan to force a vote. But leaders are waiting to see what the panel recommends at the conclusion of the trial.

— Judiciary takes up data center bill: The House Judiciary Committee will vote Thursday on a proposal aimed at easing the legal landscape for AI data centers.

Under Rep. Michael Baumgartner’s (R-Wash.) Protect American AI Act, data center permits would remain in place even when environmental reviews for the projects are challenged by litigation. It’s one of the first congressional proposals on data centers to receive a committee vote, and it comes as Trump pushes Congress to ease AI regulations.

Jordain Carney, Katherine Tully-McManus, Jennifer Scholtes, Hailey Fuchs, Riley Rogerson and Amelia Davidson contributed to this report.

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