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House unanimously rebukes Thune on data seizure payouts

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The House unanimously voted 426-0 Wednesday night to claw back language in last week’s government funding bill that could award some GOP senators hundreds of thousands of dollars in damages for having their phone records unknowingly obtained by former special counsel Jack Smith.

The language, which was quietly slipped into the shutdown-ending package last week by Senate Majority Leader John Thune, drove bipartisan outrage in the House. Even outspoken critics of Smith — including House Judiciary Committee Chair Jim Jordan (R-Ohio), who is leading an investigation into the Biden-era probe — supported the effort to repeal a politically toxic measure that was quickly branded as a taxpayer-funded windfall for a select few.

“That policy, in my opinion — in the opinion I think of all the members of this institution — is unacceptable,” said House Administration Committee chair Bryan Steil (R-Wis.), during floor debate. “No one should be able to enrich themselves because the federal government wronged them, no elected official should be able to.”

The provision would allow senators to sue the federal government for $500,000 or more if their electronic data was subpoenaed without proper notification. But there are concerns over the language’s retroactivity — which would extend protections to at least eight Republican senators whose records were obtained as part of Smith’s investigation into Donald Trump’s attempts to subvert the 2020 election results.

There are no guarantees the bill to repeal the language will get a vote in the Senate.

The revelations that Smith obtained lawmakers’ private data has enraged Republican senators, who argue his probe amounted to a politicization of the Justice Department. But Smith’s subpoena was narrowly tailored for data around the Jan. 6 Capitol attack, and investigators did not receive the contents of their calls.

Several GOP lawmakers whose phone data was subpoenaed have distanced themselves from the provision. But it may be too late. Thune hasn’t shown any interest in bringing the bill to the Senate floor, even amid the pushback from his members over his quiet decision to include it in the funding package.

Thune told reporters Wednesday that additional conversations are necessary to reach a consensus about how to change the provision.

Sen. Lindsey Graham (R-S.C.), who has indicated he intends to sue for a significant monetary reward, has proposed expanding who can sue under the legislative language.

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Congress

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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Rick Scott holds up Coast Guard promotions

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Florida Sen. Rick Scott is blocking quick confirmation of hundreds of Coast Guard promotions as he tries to resolve a dispute involving a shipbuilder in his home state.

The Republican said in an interview Tuesday that he has placed a hold on the Coast Guard promotions, which prevents the Senate from easily clearing them unanimously and would force Majority Leader John Thune to set up time-consuming roll call votes on promotions that are usually agreed to with little fanfare.

“I’ve been talking … since Trump came into office about trying to resolve an issue they have with a boat builder in Florida. And they … won’t put the time in to get a result,” Scott said.

“I’ve met with everybody that I can meet with, and I want them to focus,” Scott said of the Coast Guard, adding that he wasn’t trying to dictate the outcome to the administration but emphasizing “you have to get this resolved.”

Scott didn’t specify which shipbuilder he was referring to. But Scott has been a longtime booster of a Coast Guard contract with Panama City-based Eastern Shipbuilding Group to deliver four new advanced cutters. A person granted anonymity because they were not authorized to speak publicly about the matter said the hold is related to the company.

Then-Homeland Security Secretary Kristi Noem scrapped plans for two of the boats last year, and ESG announced in November it would stop work on the two remaining boats “due to significant financial strain caused by the program’s structure and conditions.”

The tussle over the nominations comes as Thune is trying to quickly assemble and approve a new personnel package, telling reporters Monday night that confirming another tranche of President Donald Trump’s nominees is a priority alongside resolving the DHS shutdown and renewing soon-to-lapse surveillance powers.

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Johnson touts ‘bipartisan’ path for FISA reauthorization, but obstacles remain

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Speaker Mike Johnson is raising the possibility of a “bipartisan” path forward on extending a key spy authority after negotiations among House Republicans blew up late last week.

“We’re confident that we’ll be able to find strong bipartisan consensus that builds off of the really meaningful reforms that we included in the legislation the last time we reauthorized it,” Johnson said during a news conference Tuesday morning.

The emergency short-term reauthorization Congress cleared last week expires April 30, putting pressure on lawmakers to reach a deal quickly.

Among the options GOP leaders are discussing: If the Senate can advance a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act, with policy changes, the House could then pass it with a majority of Republicans and some Democrats, according to three people granted anonymity to share direct knowledge of ongoing conversations.

It’s also possible Johnson could put that measure on the House floor under an expedited procedure that does not require prior adoption of a party-line rule, but would need a two-thirds majority voting in the affirmative to secure passage. House GOP leaders still need to appease hard-liners who have very specific demands for new guardrails on warrentless surveillance practices as part of any reauthorization measure.

House Democratic leaders, meanwhile, aren’t promising cooperation — and they’re skeptical Johnson is as close to a deal as he might suggest.

“His confidence meter was always pretty high, and then he put a bill on the floor that had zero consensus among his caucus, and looked like the disaster that it was after midnight,” House Democratic Caucus Chair Pete Aguilar of California told reporters Tuesday.

He added that he has not had “any discussions” yet with Republican counterparts on next steps for Section 702, and “absent those conversations, it’s going to be hard to find bipartisan consensus.” Aguilar also said that Democrats would follow the leads of House Intelligence Chair Jim Himes of Connecticut and Jamie Raskin of Maryland.

Johnson is planning to meet Reps. Brian Fitzpatrick of Pennsylvania and Darin LaHood of Illinois later Tuesday as the pair of Republicans works with Democrats on a bipartisan FISA extension plan, according to two people granted anonymity to share private scheduling.

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