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Delays fuel GOP blame game over Trump nominees

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With less than two weeks until Donald Trump takes the oath of office, only a small handful of his nominees appear on track for immediate confirmation — sparking tensions between the Senate GOP and Trump’s inner circle.

At a private lunch on Tuesday, Republican senators discussed whether they should — or even could, under law and Senate rules — advance Trump nominees without final FBI background checks, financial disclosures and other paperwork, according to a person in the room.

They discussed whether they could at least hold confirmation hearings without documents submitted, holding off on final action until the process is complete. And the subject of nominations could come up again Wednesday evening, when Trump meets with Republican senators on Capitol Hill.

The internal debate surrounds what has become an obsession for the president-elect and his top allies.

Soon after his victory in November, Trump and his allies pushed to get as many of his top officials confirmed on Day One as possible. Transition chair Howard Lutnick privately pushed Senate Republican leaders to make a splash with a bunch of Inauguration Day confirmations, according to a GOP aide, who like others interviewed for this story was granted anonymity to describe private discussions.

Trump loved the idea and proceeded to quickly announce key nominations for that very purpose. Yet several committee chairs have suggested it could be a week or more after the inauguration before key appointees see real progress, and a blame game is breaking out behind the scenes.

Senate Judiciary Chair Chuck Grassley (R-Iowa) said a planned hearing for Trump’s attorney general pick, Pam Bondi, could be pushed back due to a delayed FBI background check. The Senate Intelligence Committee has not yet received a pre-hearing questionnaire from Director of National Intelligence designee Tulsi Gabbard, according to a person familiar with her confirmation, complicating plans to hold her hearing next week. (A spokesperson for Gabbard, Alexa Henning, said she is “working in lockstep” with the panel.)

Senate HELP Chair Bill Cassidy (R-La.) said much the same Tuesday about Education secretary pick Linda McMahon: “It really depends on us getting paperwork,” Cassidy said about the timeline. “Right now the hold seems to be on their side.”

Only a small handful of nominations — Sen. Marco Rubio (R-Fla.) for secretary of State, Rep. Elise Stefanik (R-N.Y.) for UN ambassador and John Ratcliffe for CIA director — appear to be in the conversation for potential Day 1 action.

As Cassidy intimated, the sniping is starting to bubble to the surface. Some Senate Republicans are privately bemoaning the Trump transition wasting time debating whether to conduct FBI background checks, which have long been standard procedure for high-level executive nominees. Distrustful of the FBI, Trump initially wanted to engage private firms instead, but Senate Republicans ultimately convinced him the confirmations would go smoother if he stuck with protocol.

Senate Majority Leader John Thune has personally encouraged nominees in his meetings with them to get their paperwork in as fast as possible, according to a GOP official familiar with those conversations. Yet Republican aides say delays have persisted with some of them.

“If a nominee hasn’t submitted their paperwork in a timely fashion, there’s only so much the Senate can do,” said one of those GOP aides. “The Senate is doing everything we can to move forward, but there’s just a lot of bureaucracy.”

Amid the tensions, Thune has privately told Republicans that it’s up to individual committee chairs to decide how to handle their nominees — to stick with the established process or press ahead without full documentation.

Those in the latter camp appear to include Energy and Natural Resources Chair Mike Lee (R-Utah), who has moved to schedule a Jan. 14 hearing for Energy secretary nominee Doug Burgum over the objections of panel Democrats. They said Wednesday that they had not yet received Burgum’s paperwork.

“This is a breach of protocol and precedent, established over decades by Chairs of both parties,” Sen. Martin Heinrich (D-N.M.), the panel’s top Democrat, said.

Lee appears to be part of a bloc that “sees it like, we just need to move ahead and, you know, when these documents come in, they come in,” said one of the aforementioned Republican aides.

But other Republicans are balking at overriding longstanding committee rules. What’s the point of holding a hearing, they say, without having all the necessary information in hand?

“We think it’s important because we think it helps the individuals move through the process more smoothly than if they didn’t have it,” Sen. Mike Rounds (R-S.D.) said Tuesday. “It just makes it a lot simpler to get through the process.”

The paperwork questions have been especially sensitive for nominees and committees related to national security. Trump advisers have been pushing Senate Republicans to prioritize those confirmations, especially after last week’s terror attack in New Orleans.

“The threats aren’t taking a pause while the Senate kinda thinks about it,” Rep. Mike Waltz (R-Fla.), the incoming national security adviser, said on Fox News last week. “We need them now.”

Asked Tuesday whether background checks are a prerequisite for hearings, Intelligence Chair Tom Cotton (R-Ark.), who is handling the Gabbard and Ratcliffe nominations, had two words: “No comment.”

The sense of urgency from Trump and his allies doesn’t necessarily correspond to the recent historical record on early Cabinet confirmations. In 2017, he saw only two nominees confirmed on his first day: Defense Secretary James Mattis and Homeland Secretary Secretary John Kelly.

Most others — including his selections for attorney general and secretaries of State, Treasury, Veterans Affairs, Transportation, HHS, Commerce and Education — came in February, with still others seeing confirmation later in the spring.

President Joe Biden lagged further behind. He had no nominees confirmed on Jan. 20, 2021. Three were confirmed in January, five in February and the rest in March.

But Senate Republicans are looking to move faster amid fears that the Trump pressure campaign could mount, which has caused “anxiety” among committee chairs, the previously mentioned GOP aide told us. So far Trump himself has suggested Democrats are to blame for any delays — not his own team’s documentation snafus. But there are signs that the pressure is about to turn to Senate Republicans.

Thune has privately spoken about wanting to return to the “Obama-era” confirmation standard, referring to the nearly dozen nominees President Barack Obama saw confirmed during his first week in office. As POLITICO reported Tuesday, he has started conversations with Democrats about trying to move noncontroversial nominees quickly that first week.

But Thune is also protective of the Senate’s prerogatives — and the wishes of his members who want to preserve them.

“I think you give great deference and latitude to a president when it comes to people he wants to put into key positions,” Thune said on NBC’s “Meet the Press” Sunday. “But the Senate has a role: advise and consent. … We have a lot of our senators who take that role very seriously.”

Jordain Carney, John Sakellariadis, Ursula Perano and Mackenzie Wilkes contributed to this report.

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Congress

House Ethics will forge ahead with Cherfilus-McCormick trial

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The House Ethics Committee will go forward with its plans to hold a rare public trial next week for Rep. Sheila Cherfilus-McCormick.

The beleaguered Florida Democrat faces allegations that she stole millions in FEMA funding and is also in the midst of a federal criminal case on the charges. She had previously asked to pause the proceedings before the Ethics Committee pending the matter in federal court, and the panel already postponed its scheduled hearing once after a Cherfilus-McCormick said she lost her legal representation.

But the bipartisan Ethics Committee announced Wednesday that the adjudicatory subcommittee handling Cherfilus-McCormick’s case had ultimately voted to reject the latest delay request. It also rejected a motion to hold the hearing “in executive session,” as opposed to the public hearing.

“The matter of Representative Cherfilus-McCormick has been before the Committee since September 2023,” said the statement from House Ethics Committee leadership. “Further delay of the matter would not serve the interests of justice.

“Moreover,” the statement continued, “holding the entire hearing in executive session at this phase of the proceedings would depart from Committee precedent, limit public transparency around these serious allegations, and do nothing to safeguard the House’s integrity.”

The hearing will begin at 2 p.m. March 26.

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House rejects effort to force a balanced budget in the US

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Lawmakers rejected legislation Wednesday to compel the United States to maintain a balanced budget, a perennial pursuit of fiscal conservatives that stood little chance of becoming the law of the land.

The House voted 211-207 against the resolution that would have launched an effort to amend the U.S. Constitution to bar the federal government from running a deficit. It needed to clear each chamber of Congress by a two-thirds vote, then be ratified by three-fourths of all the states.

But the measure’s consideration had major symbolic meaning for budget hawks like its sponsor, Rep. Andy Biggs (R-Ariz.).

“Many of us have been agitating for years to do a balanced budget amendment and out of the blue, they said, ‘we’re ready to do it,’” Biggs said in an interview Tuesday, referring to House GOP leaders.

“They didn’t ask me to do anything, didn’t offer anything,” he said of whether leaders scheduled the vote in an effort to court Biggs, who has in the past threatened to tank spending bills for where he hasn’t liked the price tag. “Just out of the blue, I got a call.”

A spokesperson for Speaker Mike Johnson did not immediately respond to a request for comment about the timing of the measure’s consideration.

Various balanced budget amendment proposals have been offered more than a hundred times since 1999, but peaked in the 1970s and 1980s. The Pew Research Center found that balancing the budget is the single most popular subject of constitutional amendment proposals since 1999, according to analysis of legislative data from the Library of Congress.

Biggs’ latest resolution stated that “total expenditures for a year shall not exceed the average annual receipts collected in the three prior years,” adjusted for inflation and changes in the population.

It would have made an exception for war, where “specific expenditures in excess of the limit” can be approved by Congress “for any year in which a declaration of war is in effect.” Modern wars after World War II have largely been funded by debt; none of them, including the decades-long Global War on Terror, were never backed up by an official declaration of war.

The Biggs measure also would have instituted a two-thirds majority vote threshold in both chambers as necessary to approve any new tax or increase the tax rate. The GOP megabill passed last summer, which included significant tax cuts, passed the Senate in a simple majority vote through the filibuster-skirting budget reconciliation process.

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Congress

Kiley switches parties, loses committees

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Rep. Kevin Kiley, the former Republican who recently registered as an Independent, said in an interview Wednesday he plans to caucus with the House GOP and will seek to regain his committee assignments.

The California lawmaker was formally removed from his panels Wednesday after giving official notice he was switching parties to serve as an Independent and run in a new district after his state redrew congressional maps.

The House GOP Steering Committee will need to approve Kiley’s effort to take back his seats on Education and the Workforce, Transportation and Infrastructure and Judiciary. Kiley told reporters this was “completely expected” and that he looked “forward to being reappointed as an Independent.”

Mia McCarthy contributed to this report.

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