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Cherfilus-McCormick attorneys request federal trial delay

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MIAMI — Attorneys involved in the case against Rep. Sheila Cherfilus-McCormick have requested a delay of her trial until February 2027, citing an exorbitant amount of files they must sift through.

The request comes less than a week before the trial, set to begin Monday in a Miami federal court. Cherfilus-McCormick, a Florida Democrat, faces 15 charges that include stealing $5 million in FEMA funds and routing that money toward her congressional campaign. The representative has said she’s innocent of the charges against her.

The letter requesting the delay — and agreed to by prosecutors — said lawyers already received more than 1.2 million records that include reports, bank documents and recordings, and have more batches expected in late May or early June, then another in the months following.

The latest filing was submitted by the attorney for Edwin Cherfilus, who is Cherfilus-McCormick’s brother and is also facing several charges related to the alleged theft. Other defendants cited in the request for delay include Cherfilus-McCormick’s chief of staff, Nadege Leblanc, as well as tax preparer David Spencer.

“The material covers information going back years,” public defender Srilekha Jayanthi wrote in the filing. “Due to the volume of the material, defense counsel are having to spend substantial time and resources to ensure this discovery is properly set up for their review and investigation as the litigation goes forward.”

The alleged crimes occurred before Cherfilus-McCormick was elected to Congress, when she was CEO of the family-run company Trinity Health Care Services. According to the indictment, the company delivered $50,578.50 in services during the Covid-19 pandemic, including vaccination outreach to communities of color. A clerical error resulted in the overpayment, but the indictment alleges Cherfilus-McCormick didn’t make efforts to return the money.

Cherfilus-McCormick also faces a verdict from the House Ethics Committee on April 21, when members will decide how to penalize her after finding her guilty of campaign finance rules tied to the indictment. Possible penalties include censure or expulsion from Congress. GOP Rep. Greg Steube’s office told Blue Light News he plans to proceed with his expulsion push after the committee completes its work.

Democrats haven’t called en masse for Cherfilus-McCormick to resign. Any changes to the makeup of the House are consequential given the razor-thin margin between the two parties. And expulsion of members is rare, requiring a two-thirds majority vote.

The representative could face up to 53 years in prison if found guilty in federal court. But should the trial be moved and Cherfilus-McCormick survive an expulsion vote, then she would continue to face a contested primary in what is considered a safe blue district that may change under mid-decade redistricting.

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Congress

Fuller sworn in on House floor

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Rep. Clay Fuller (R-Ga.) was just sworn in on the House floor. Speaker Mike Johnson gets a rare two vote cushion for a few days as a result.

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Congress

GOP backs Trump’s war powers as Iran conflict drags on

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Senate Republicans are still backing President Donald Trump on the war against Iran, dismissing Democrats’ latest war powers push as political theater that has nothing to do with national security.

The support gives the White House more time to search for an end to the six-week-old conflict, but also risks tying the entire GOP to the unpopular war. But Republican lawmakers say the repeated Democratic objections to military intervention in Iran ignore the success of the operations so far.

“It’s just exhausting,” Sen. Cynthia Lummis (R-Wyo.) told reporters Tuesday. “Doing a war powers resolution just undermines the president. I don’t believe [the Democrats] would do that if the president had a ‘D’ behind his name.”

Despite a range of ominous economic data tied to the war in Iran — from elevated oil prices to rising inflation — Republicans are holding firm with Trump, showing the president maintains significant sway over his party. In the Senate, Republicans have rejected three attempts to rein in the administration since the war began, with Sen. Rand Paul (R-Ky.) as the lone GOP dissenter each time.

They’re poised to do so again when the Senate holds a fourth vote on Iran as early as Wednesday.

Most Senate Republicans said they see no need to restrict Trump’s ability to launch military strikes in the name of protecting America. They believe the war powers effort is only designed to snarl Senate business and score political points.

“The goal is to suck up floor time,” said Sen. Bernie Moreno (R-Ohio). “I’m old enough to remember when [Democrats] didn’t think going into Venezuela was a good idea. And yet, you don’t hear them talk about that anymore because it was a brilliant operation.”

“War powers is a delay tactic and a messaging bill,” added Sen. James Lankford (R-Okla.). “We all know it. We see it for what it is.”

The Trump administration failed to strike an agreement with Tehran to end the conflict this past weekend, though there are early indications that the two sides are zeroing in on limits to the Iranian nuclear program — something Trump has been clear about amid shifting rationales for the war.

Trump’s two-week ceasefire with Iran is set to expire on April 21. Pentagon officials have said forces in the region are prepared to resume strikes against Iran and its proxies at any time, if called upon by the president.

The administration is also approaching a deadline on April 28 which mandates congressional authorization for continued military operations. According to federal law, U.S. forces must be withdrawn from the region after 60 days unless Congress authorizes their presence, although the White House can invoke a 30-day extension for national security reasons.

But several Republicans have indicated the deadline could be a turning point for them despite their intent to oppose a fourth war powers resolution this week.

Sen. John Curtis (R-Utah) has argued Congress will need to approve the continued Middle East campaign at the two-month mark, while Sen. Thom Tillis (R-N.C.) said the administration “has got to start answering questions” as that point nears.

“People are gonna be looking for signs of progress,” Senate Majority Leader John Thune said this week.

Another inflection point will be when the Trump administration formally requests tens of billions in emergency funding for the war, including cash to finance a blistering pace of military operations and replenish high-end missiles and air defense munitions expended in the war.

Though they have refused to rebuke Trump over the war, congressional Republicans have signaled they’ll need more details from the administration about the course of the war before approving a supplemental request, a price tag that could reach upwards of $200 billion.

Lankford called the 60-day threshold “significant,” saying that mark will require “some real debate.” But he indicated lawmakers’ most important test will occur when the administration’s supplemental request hits Capitol Hill.

“That’ll be a significant moment. The administration says, ‘Can we pay for restocking and for any future activities?’ That’s when we have our biggest debate,” Lankford told reporters. “So there is a moment coming. We all know there’s a moment coming.”

That pressure is likely to manifest in at least one public hearing in the coming weeks on the war. Senate Armed Services Chair Roger Wicker (R-Miss.) said his committee will likely hold a May hearing on the war, outside of its normal oversight of the annual defense budget.

Jordain Carney and Jennifer Scholtes contributed to this report.

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Congress

Himes pushes amendment seeking judicial review on searches under key spy program

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The top Democrat on the House Intelligence Committee on Tuesday afternoon introduced an amendment to a reauthorization of a key spy authority that would require FBI agents to seek approval from a special court any time they want to use Section 702 of the Foreign Intelligence Surveillance Act to obtain Americans’ communications data.

The proposal from Rep. Jim Himes of Connecticut was unveiled just moments before the House Rules Committee gaveled in to a hearing to tee up floor consideration of an 18-month extension of Section 702, which is due to expire April 20 without congressional action.

Speaker Mike Johnson has said he won’t allow amendments to be considered on the floor in deference to President Donald Trump’s desire for a clean reauthorization. But Himes’ proposal is the latest sign that national security hawks in both parties are concerned the program could lapse without a deal to satisfy holdouts and are looking for new ways to bridge the divide.

Under Himes’ amendment, the court would have five days to approve the request. While the FBI would not have to wait on a verdict if it believed the search was necessary to stop a genuine emergency, like a terror or cyber attack, the court could force the bureau to delete any data it obtained if it was later determined that the search was conducted improperly.

“FISA 702 is too critical to allow it to expire, but the legitimate concerns about the possibility of abuse also demand that we consider additional reforms, exactly what my amendment seeks to accomplish,” Himes said in a statement to Blue Light News.

Trump has also launched an 11-hour blitz to coax Republicans into re-upping the program as is. Trump urged Republicans to “UNIFY, and vote together” on the clean extension in a social media post Tuesday afternoon, and plans to host GOP holdouts at the White House tonight, as POLITICO first reported.

It will be an uphill battle. A group of 53 House Democrats on Tuesday sent a letter to House and Senate leadership arguing that the Trump administration could abuse so-called “loopholes” in current law to spy on Americans, minorities in particular. They argued Congress needs to require judicial warrants before government officials search Americans’ data under the 702 statute, or purchase it via commercial data brokers.

“Without independent guardrails on Section 702, this Administration has repeatedly shown that it cannot be trusted to police its own use of this sweeping surveillance authority,” reads a copy of the letter, which was first obtained by Blue Light News.

Section 702 can only be used to target foreign spies, terrorists and drug traffickers, but it also sweeps up messages from Americans on the other end of those communications. The FBI, CIA, National Counterterrorism Center and NSA do not currently need a warrant to review those messages.

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