Congress
House ethics watchdog now open for business
The House’s outside ethics watchdog will soon be able to begin investigating lawmakers after the longest period of dormancy in its 17-year history.
The Office of Congressional Conduct — which vets misconduct allegations against lawmakers then sends findings to the House Ethics Committee, which can recommend potential formal action — has been effectively shuttered since the start of the 119th Congress as it awaited the appointment of board members.
But on Tuesday afternoon, the House clerk read aloud the names of those four members from the chamber floor, permitting the office to make moves toward resuming normal operations once again.
Karen Haas, a former House clerk, will serve as board chair; ex-Minnesota Democratic Rep. Bill Luther will serve as board co-chair. Another former House clerk, Lorraine Miller, alongside former Georgia GOP Rep. Lynn Westmoreland, will also hold seats.
It follows drawn-out pleading by good government organizations and a personal appeal earlier this month from a group of House Democrats who directly asked Speaker Mike Johnson to appoint members to the board.
“Ensuring OCC can operate effectively should not be a partisan issue,” wrote Rep. Chris Pappas (D-N.H.) and seven colleagues.
It’s not currently clear what the hold-up was about, though House GOP leadership made early moves to suggest it was seeking to slow-walk the OCC’s ability to get up and running. The rules package at the start of this Congress included language that changed the name of the body and required the board to meet to formally appoint the staff, essentially stalling its ability to resume operations.
Former GOP Rep. Porter Goss, who helped create the office in 2008, said he believed the inaction in forming OCC’s board for the new Congress might have been intended to quietly kill it altogether. A spokesperson for Johnson did not respond to an inquiry about the reason for the delay.
In any event, with the board’s reappointment — all four members served last year, too — the OCC now has its work cut out for it.
Staffers will soon face a mountain of cases that have accumulated during the OCC’s months of relative inactivity. The absence of a board forced the agency to sit almost entirely idle: While it could continue to gather freely-accessible information to develop cases, it lacked the ability to open any investigations without a formal governing body.
Beyond reviewing complaints against lawmakers, the inaction from House leadership in appointing a board for the new Congress also prevented OCC from formally changing its name on some official materials — as was required in the Rules package for this Congress — and from releasing reports on its activities.
Launched in 2008 by then-Speaker Nancy Pelosi, the OCC was a response to a series of ethics scandals roiling Capitol Hill at that time, including the high-profile bribery charges against the notorious lobbyist Jack Abramoff.
Whereas the House Ethics Committee’s operations are shrouded in secrecy, the OCC was set up to receive complaints from the outside public about any House member. The independent, nonpartisan body could then investigate the matter and turn over credible allegations to the bipartisan Ethics panel made up of House members evenly divided between the two parties.
Goss said he, Pelosi and others proponents of the OCC believed that public-shaming could compel good behavior: Whereas the OCC is governed by a board of private citizens, the House Ethics Committee is a panel of members who adjudicate cases against their peers. And while the Ethics Committee is notoriously quiet, OCC is public-facing.
“The idea was that this would take the pressure” off the Ethics Committee, Goss said.
The House also took months to reappoint members to its Ethics Committee in the longest delay in recent history. It followed the tumultuous circumstances surrounding the release of the report into former Rep. Matt Gaetz, accused of illicit drug use and paying a minor for sex.
But many lawmakers revile the OCC, regarding it as a politically-motivated operation unfit to oversee the activities of the House. Shortly after Trump’s first election, lawmakers sought to kneecap the office altogether.
Former Rep. Gregg Harper (R-Miss.), who as a member of Congress served on the Ethics Committee, has since leaving office represented people with cases pending before the OCC and said in an interview he would advise future clients to not cooperate with the office’s requests. He called it a “gotcha organization” with little usefulness to the House and said it was time to shut it down to save taxpayer dollars.
One current House member, who requested anonymity to discuss sensitive matters around Congressional ethical concerns, argued that the OCC was a partisan entity that would take up just about any complaint — and that, despite the headaches the body creates, it has no real power in how the House Ethics Committee adjudicates complaints.
In the meantime, polls have found public trust in the federal government, particularly trust in Congress, to be exceptionally low. Good governance activists argue that the OCC is a key tool in restoring that trust and bemoaned the delays in reconstituting the office.
Aaron Scherb, a lobbyist for the progressive group Common Cause, cited concerns about “misconduct just being swept under the rug” in the OCC’s absence.
“As we’ve seen, the House Ethics Committee is extremely lacking in its investigations, and so the OCC has in some cases helped spur or kind of helped catalyze the House Ethics Committee to conduct more rigorous investigations,” Scherb said.
A spokesperson for OCC declined to comment.
The Senate Saturday confirmed Todd Blanche to be attorney general, following a weeks-long struggle with a handful of wary Republicans.
The Senate voted 50-49 to approve him, with GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska joining with Democrats in opposition.
Blanche, President Donald Trump’s former personal attorney, has been serving as acting attorney general since Pam Bondi’s ouster in April. Questions about Blanche’s potential conflicts of interest from representing Trump, as well as his role in the creation of a $1.8 billion “Anti-Weaponization Fund” as part of Trump’s settlement this spring with the IRS, created headwinds to his confirmation among a key group of Senate Republicans.
Sen. Bill Cassidy, the Louisiana Republican who lost re-election after Trump endorsed a primary challenger, helped Blanche clinch his 50th vote Friday. He said Blanche wasn’t perfect but that he wasn’t sure Trump would pick someone better to lead the Justice Department.
“The choice is not between perfection and Mr. Blanche,” Cassidy said on the Senate floor. “It is between Mr. Blanche and another acting attorney general who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche.”
Cassidy’s support came after Blanche had already spent weeks negotiating with Sens. Thom Tillis of North Carolina and John Cornyn of Texas, who vetted his nomination as members of the Senate Judiciary Committee. Cornyn struck an agreement with Blanche Sunday for the DOJ to curtail the payout fund and rein in a deal to exempt Trump from IRS audits.
Cassidy’s support came hours after Murkowski announced that she would oppose Blanche’s nomination, putting it on the brink of potential failure. Between unified opposition from Democrats and Sen. Mitch McConnell’s absence for health reasons, Blanche could only lose two Republicans and still be confirmed.
Hours before Friday’s vote, Murkowski told reporters she spoke with Blanche multiple times but that she was “good with where I am.” She said there was no “one” thing that motivated her decision.
“If there was one thing, we might be able to go back to the White House and say ‘Hey, can we work on this one thing,’” she said. “But for me it was a compilation.”
She added that she believed the anti-weaponization fund is “pretty dead” but “what is not so clear” are the audit immunity provisions of Trump’s IRS agreement, “which I just think are viewed by so many in this country as kind of a special and sweet deal for the president and his family.”
The Senate passed a bill Saturday to fund the government beyond the midterm elections, putting the onus back on the House to head off a shutdown looming Oct. 1.
The Senate approved the measure in a bipartisan 90-6 vote, with Sen. Darline Graham of South Carolina voting present. The bill would fund federal agencies through Dec. 11 at current levels, with some exceptions. Senate leaders sped up consideration of the legislation as part of an agreement reached Saturday morning to allow members to leave for August recess.
The House and Senate have now each passed different bills aimed at averting a shutdown at the end of the fiscal year. The House bill would fund the government through Dec. 4.
The Senate legislation sets up a year-end standoff over the Trump administration’s controversial plan to put political appointees in charge of approving federal grants. The bill would block the administration from finalizing that rule during the length of the stopgap — and lawmakers are already expecting a December brawl over the issue.
Sen. John Kennedy (R-La.) said this week that he’s going to “fight like hell” in December to ensure Congress doesn’t further obstruct the grant overhaul.
But lawmakers on both sides of the aisle are resistant to the White House approach to grants. Senate Appropriations Chair Susan Collins (R-Maine) said she will “continue to oppose” the Trump administration plans “because I think they politicize the grants process, and I don’t want that to occur.” Sen. Patty Murray of Washington, the top Democrat on Senate Appropriations, said she too would “welcome the fight.”
The Senate rejected an amendment from Sen. Ted Budd (R-N.C.) intended to ensure that a ban on intoxicating hemp products kicks in come November, after Senate leaders at the White House’s urging included language in the funding bill to delay it.
The Senate bill includes language Democrats sought to ensure Immigration and Customs Enforcement and the Border Patrol don’t get any new funding under the patch. Republicans enacted $70 billion for those agencies along party lines earlier this year.
That prohibition could be contentious in the House.
Rep. John Rutherford (R-Fla.) said in an interview that the provision “could be a dealbreaker” and that he’s “not a fan” of the Senate version. Rep. Jeff Van Drew (R-N.J.) said Tuesday that he would say he’s undecided if GOP leadership whipped his vote on the Senate stopgap.
“I do not like the Senate language,” Van Drew said, noting the grant approval provision. “It’s one I would want to know what the president thinks.”
The White House issued a statement of administration policy in support of the Senate’s funding bill. No such memo was issued for the House bill, which did not include the funding increases and authorizations the White House requested.
“Every Member of Congress should support passage of this [continuing resolution] to keep the Government open as discussions on full year appropriations continue,” it reads.
Rep. Rosa DeLauro (D-Conn.), the top Democratic appropriator in the House, praised the Senate measure for including the grant and immigration enforcement language.
“This bill is a clear improvement over the House Republican continuing resolution, but we are still nearly two months away from the end of the fiscal year and should be working together to pass full-year funding bills,” she said in a statement.
Mia McCarthy and Jennifer Scholtes contributed to this report.
The Senate is aiming to leave Washington for a five-week recess early Saturday after Republicans cut a deal with President Donald Trump to punt some of their priorities, including a framework for a party-line spending plan.
The Senate is trying to lock in an agreement that would set up votes on a college sports bill, a stopgap government funding bill, Todd Blanche’s attorney general nomination and GOP voter ID legislation, according to a copy of an internal notice reviewed by Blue Light News.
The Senate would then leave Washington until mid-September.
Any one senator could object to the tentative deal, forcing it to be altered or dragging the Senate deeper into the weekend. Senators believe there are still objections to advancing the college sports bill. Democrats are also waiting to see if one of their own will prevent speeding up Blanche’s confirmation.
The breakthrough is a U-turn from earlier Friday evening, when Republican senators emerged from a closed-door meeting predicting they would have to spend Saturday trying to break a stalemate within the party about how to wrap final votes before recess.
Shortly after that meeting, Trump spoke by phone with Senate Republicans including Ron Johnson of Wisconsin, Rick Scott of Florida and Mike Lee of Utah about the path forward for the GOP’s lengthy to-do list.
During the call, according to Johnson, Trump agreed to punt a vote on a budget blueprint for a third party-line spending bill until later in the year. Lee, who has been pushing for action on the separate SAVE America Act, also agreed to drop his demand for a formal, roll call vote on adjourning given the understanding with the president.
“I think the conclusion of the conference – and we had a discussion with the president and he agrees – [is] don’t take the vote tonight,” Johnson said after the meeting in Thune’s office.
Republicans were in talks with the White House throughout Friday. A White House official granted anonymity said Friday evening that “we’re continuing to have productive conversations with senators to advance several legislative priorities.”
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