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Capitol agenda: Schumer keeps his critics at bay

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Chuck Schumer is winning over critics who bashed him for surrendering during this spring’s shutdown standoff. That could change fast.

A POLITICO survey of Democratic lawmakers and activists finds that Schumer has exceeded their low expectations in the latest funding standoff. But they’re watching his actions closely, wary that Senate Democrats will cave if pressure grows.

“A lot of people wondered whether we would be bullied again, and we have not been,” said Sen. Chris Murphy (D-Conn.), who broke with Schumer when the minority leader moved to keep the government open in March. “Sen. Schumer understands the gravity of this moment.”

“He hasn’t surrendered yet,” said Indivisible co-founder Ezra Levin, who in March called on Schumer to step down. “I call that progress, and we’re cheering him on now.”

What’s worrying some progressives is that Schumer hasn’t drawn aggressive red lines like Minority Leader Hakeem Jeffries, who is demanding that Obamacare subsidies be extended via “ironclad” legislation, and that he may agree to reopen the government with only verbal assurances.

“A handshake agreement is capitulation,” Levin said. “Health care and rescission language is the demand, and it’s broadly popular. No reason to cave for less.”

One House Democrat granted anonymity to candidly discuss the shutdown dynamics said they would publicly call for Schumer to give up his leadership post if he folds now. An aide to another senior House Democrat said a significant number of lawmakers would be inclined to push for Schumer’s ouster in that scenario.

On the other side of the aisle, Speaker Mike Johnson will hold an 11:30 a.m. call Thursday with House Republicans as he faces growing pressure from his own ranks to bring the House back and negotiate an Obamacare extension. Some Republicans are calling for votes to ensure active-duty military members and other federal workers don’t miss their next paychecks.

What else we’re watching:   

Johnson’s day ahead: The speaker will take viewer calls on C-SPAN’s “Washington Journal” at 8:30 a.m. before hosting a 10 a.m. news conference with Majority Leader Steve Scalise, Whip Tom Emmer, Conference Chair Lisa McClain and Veterans’ Affairs Chair Mike Bost. He plans to hold a call with the full House Republican caucus at 11:30 a.m.

Senate to advance more Trump noms: Senate Judiciary Republicans are poised Thursday to advance five judicial nominees who, if confirmed, would further expand Trump’s conservative imprint on the federal judiciary. That includes Rebecca Taibleson, the president’s pick to serve as U.S. circuit judge for the Seventh Circuit.

Meanwhile Senate HELP will consider nominees including Crystal Carey to be general counsel of the National Labor Relations Board and former Rep. Anthony D’Esposito to be the Labor Department’s inspector general.

Approps action?: Senate Republicans are discussing next steps on how to proceed with full-year funding bills during the shutdown stalemate. Senate Majority Leader John Thune floated the Senate taking up a standalone defense appropriations bill. Another idea, according to GOP senators, is to go to conference with the House on the Senate-passed appropriations bills with funding for defense, agriculture programs and Congress itself.

Nicholas Wu, Meredith Lee Hill and Jordain Carney contributed to this report.

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Congress

The House Ethics Committee wants to do better

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Three lawmakers accused of serious ethical lapses have been forced to resign in just over a week, prompting even members of the House Ethics Committee to question whether the panel is up to the task of policing its own.

The committee is at a moment of reckoning as it seeks to prove itself ready, willing and able to root out bad behavior in its ranks. It’s spent the past year and a half rebuilding its reputation after internal disagreements about how to handle an ethics report over ex-Rep. Matt Gaetz spilled into the public and threatened the bipartisan panel’s credibility.

Now, amid the high-profile resignations of Rep. Eric Swalwell (D-Calif.), Tony Gonzales (R-Texas) and Sheila Cherfilus-McCormick (D-Fla.), members who sit on the highly secretive committee are opening up — eager to share their perspectives, acknowledge their limitations and defend their work.

“The reality is we are still too slow, and I believe that we should be moving faster. I’ve expressed some of my recommendations on how we can do that to staff,” said Rep. Suhas Subramanyam (D-Va.), who joined the Ethics Committee this Congress, in an interview. “I want people to take the Ethics Committee more seriously.”

In extended interviews Monday and Tuesday, Ethics Chair Michael Guest (R-Miss.) said his panel is hamstrung by the House’s institutional bureaucracy.

“I’ve been asked, you know, could the Ethics Committee, if there were additional resources provided to the committee, would that help us move cases through quickly? And of course, the answer to that is yes,” Guest said. “But you know, it has to be up to leadership. It has to be up to the Speaker and the Minority Leader as to the size of the staff that they would like to see the Ethics Committee command.”

Their comments come amid questions around how Gonzales and Swalwell were able to serve in office for so long unchecked: Both were accused of engaging in sexual misconduct with former staffers, with Swalwell accused of rape. Each stepped down before the Ethics Committee ever had a chance to render findings of fault and enact punishments.

Cherfilus-McCormick also resigned moments before the Ethics Committee was due to meet Tuesday afternoon to consider a punishment for a determination that she illicitly funneled millions to support her campaign, which could have culminated in a recommendation of expulsion.

Now attention is turning to Rep. Cory Mills (R-Fla.), who stands accused of numerous violations, including illicitly engaging in government contracts while in federal office and threatening to release a former girlfriend’s nude videos. He has maintained he has no plans to resign as his case before the Ethics Committee has languished without resolution.

In November, the House Ethics panel quietly requested the Office of Congressional Conduct — the quasi-independent office that fields and investigates complaints against members and staff from the public — to drop its probe into Mills, according to a person with knowledge of the ethics process who was granted anonymity to describe the confidential process. That message was transmitted to the OCC the same day the House voted to effectively table a resolution offered by Rep. Nancy Mace (R-S.C.) to censure Mills for various alleged improprieties.

The OCC was established in 2008 by then-Speaker Nancy Pelosi (D-Calif.), and proponents say it provides a necessary, largely independent set of eyes — including on ongoing investigations. Critics view the OCC as an untrustworthy political group; it sat defanged for months this Congress before Speaker Mike Johnson brought a perfunctory measure to the House floor that set up its ability to launch investigations by appointing its board.

Guest declined to discuss details of the Mills case but did not deny that such a request had been made, saying it was standard practice for Ethics to take the reins on a probe from OCC “once an investigative subcommittee is established.”

He conceded the Ethics Committee at times may operate slower than some would like, but its process was deliberate and thorough. “If members want this to be a rush committee where we have two weeks to come up with a report and return that report back to the body, then I’m not the right person to be serving in that room.”

He did say he hoped to discuss with Johnson how to improve the panel’s operations. One continued challenge for members is the loss of jurisdiction once a lawmaker resigns from Congress, which has historically meant the committee stops its investigation and does not release a report of its findings. Guest proposed a new policy where a report could be made public upon a lawmaker’s resignation, meaning bad actors could not always leave office in order to hide from revelations about their misdeeds.

Rep. Mark DeSaulnier of California, the top Democrat on the Ethics Committee, said the committee could better handle cases of sexual misconduct and has spoken to Democratic leadership about modernizing the panel.

“I think on sexual harassment, [the] thing that occurs to me is that there should be one place to go that’s clear to report, that has enough staff, and they’re been very well trained in the subject area, so that people feel like there’s a place they can go and be safe, protected,” he said. “And then there’s a due process that responds in a way that is deliberative, but under the urgency of circumstances.”

This is an area where the Ethics Committee has, in recent weeks, found itself struggling to respond to public pressure. When the House was poised in March to vote on a measure brought by Mace that would have compelled the committee to make information on sexual harassment claims public, Guest and DeSaulnier said in a statement it would have a chilling effect for victims. The resolution was ultimately tabled.

On Monday, the panel released a statement reaffirming its commitment to taking allegations of sexual misconduct seriously — and a list of publicly disclosed sexual misconduct investigations dating back to 1976. Many of those cases were closed without resolution because the member under scrutiny resigned from office before the committee could conclude the case.

One lawmaker who has served on the Ethics Committee, who requested anonymity to describe the panel’s private operations, argued that disclosure of sexual misconduct cases can harm potential victims who may not want their cases brought before the panel in the first place.

This explanation is largely falling on deaf ears from members who want more transparency and accountability, though, with Rep. Anna Paulina Luna (R-Fla.) calling the Monday release of previously disclosed sexual misconduct allegations against House members an inadequate “cleanup job.”

Rep. Glenn Ivey (D-Md.), a member of the Ethics Committee and a former federal prosecutor, suggested that improving the panel’s internal systems for handling sexual harassment claims might be a lost cause.

“I think the ugly truth is there’s no process that handles this well that I’ve seen, whether it’s state courts, federal courts, internal corporate investigations, Congress or the Senate,” he said.

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Congress

Senate launches budget debate

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Senate Republicans opened debate Tuesday on a fiscal blueprint meant to pave the way for passage of a party-line immigration enforcement funding bill later this year.

The Senate voted 52-46 to advance the budget resolution, which Budget Chair Lindsey Graham (R-S.C.) unveiled earlier Tuesday. It instructs House and Senate committees to write legislation expected to deliver about $70 billion to Immigration and Customs Enforcement and other agencies.

The Senate is expected to give the measure final approval this week before leaving town. The chamber could move to a marathon voting session, known as a vote-a-rama, as soon as Wednesday, though plenty of Republicans are betting that it won’t start until Thursday.

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Cherfilus-McCormick resigns amid ethics investigation

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Rep. Sheila Cherfilus-McCormick (D-Fla.) has resigned in the face of corruption charges at home and calls for her ouster in Washington, she announced in a statement on Tuesday.

News broke minutes before the House Ethics Committee was about to meet for a public hearing Tuesday afternoon to determine a punishment for the third-term Democrat, who was charged with stealing $5 million in Covid relief funds.

Cherfilus-McCormick said in a statement the Ethics proceedings did not constitute a “fair process” and that she was “choos[ing] to step aside” rather than “play these political games.”

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