Congress
How 1 bureaucrat’s retirement could give Donald Trump new sway over Congress
More than three dozen lawmakers are already planning to leave Congress next year. But there’s another impending legislative branch retirement that could have major implications in Washington.
Comptroller General Gene Dodaro, who heads the Government Accountability Office, hits the end of his 15-year term Dec. 22 and will be forced to vacate the post that occupies an increasingly crucial — and politically charged — oversight role.
The comptroller general is uniquely empowered to call out the president for breaking the law by withholding federal cash, and Dodaro has done so repeatedly over the past eight months — putting himself at the center of a largely partisan fight over President Donald Trump’s funding moves that has exacerbated tensions between the White House and Capitol Hill.
Now Trump gets to nominate Dodaro’s replacement, and key lawmakers are only just starting to take stock of a paradox: A president who continually tests the bounds of Congress’ spending powers gets to pick the legislative branch’s chief watchdog.
“It sets up a very bad situation,” Sen. Brian Schatz of Hawaii, the next Senate Democratic whip and a senior appropriator, said in an interview. “Among the things to be alarmed about, this is a new one.”
The stakes are high: Whoever ends up running GAO once Dodaro’s term ends will be able to bolster, or undermine, Congress’ defenses against Trump in the separation-of-powers battle the president is stoking by terminating, freezing and reallocating hundreds of billions of dollars Congress previously approved.
“When one party controls the Senate, the House and the White House, there’s a tendency to rally around the president and to do what the president wants,” said David Walker, Dodaro’s predecessor and the only living former GAO director. “But somebody’s got to be able to be the independent referee, and to try to do what they think is in the interest of the institution, the Congress and the country. And that’s what the comptroller general is.”
All of this is taking place as Trump administration officials and some congressional Republicans have been trying to downsize and discredit the watchdog. That has included publicly questioning the GAO’s authority and accusing the agency of siding with Democrats in its multiple determinations that the White House unlawfully flouted Congress’ “power of the purse.”
White House budget director Russ Vought said this month that GAO is “a quasi-legislative independent entity … something that shouldn’t exist.”
There have been other slights, too. In the Senate, the GAO told Republicans they could not skirt the filibuster in voting to override California’s pollution standards; Republicans did so anyway. In the House, GOP lawmakers endorsed cutting the agency’s roughly $800 million budget in half for the upcoming fiscal year. And Elon Musk, prior to leaving the Trump administration, attempted to send in a Department of Government Efficiency team to assess the GAO for mass staff reductions.
Meanwhile, the legislative branch writ large has become more broadly vulnerable to the White House’s whims, seen most starkly in Trump’s abrupt firing of the librarian of Congress and the registrar of copyrights.
It’s not yet clear what the Dodaro succession plan will look like; a White House spokesperson did not respond to a request for comment.
A seven-member panel of lawmakers is supposed to recommend at least three replacement candidates for Trump to consider. By law, that group is composed of the top four leaders in each chamber, the chairs and ranking members of the key House and Senate oversight committees and the Senate president pro tempore.
However, most congressional leaders have yet to start hunting for qualified contenders, and furthermore seem largely unaware they have any role to play in filling the slot.
“I don’t even know the process,” Senate Majority Leader John Thune said in a brief interview. “It’s been a while. This hasn’t happened on my watch.”
Two of the would-be commission members had kind words for Dodaro, including Sen. Rand Paul, chair of the Senate Homeland and Governmental Affairs Committee.
“I’ve always appreciated him, and I think he’s a straight shooter,” the Kentucky Republican said in an interview.
Sen. Gary Peters (D-Mich.), the panel’s ranking member, said he “would want somebody like Gene, who has been a really solid member.”
On the House side, Oversight Chair James Comer (R-Ky.) said in an interview he’s looking for the next GAO director to be “an aggressive person that looks for waste, fraud and abuse.”
Comer added, “We want someone that communicates regularly with Congress, so we can kind of have an idea of what they’re doing.”
But Trump could instead ask Republican senators to confirm a new watchdog of his own choosing — or forgo making a nomination altogether.
It would leave a leadership vacuum at the top of the agency that not only monitors whether Congress’ spending directives are followed but is also empowered to examine the effectiveness of federal agencies on behalf of lawmakers.
Further raising the stakes in confirming a new director, lawsuits are pending around the country challenging Trump’s withholding of congressionally approved funding, and a federal appeals court ruled this summer that only the GAO director can sue the administration for violating the decades-old impoundment law — not the groups that were set to receive the funding.
Dodaro has so far chosen not to sue the Trump administration for withholding funding. But when he steps down, he’ll be able to pick an acting GAO director who also would have the power to file a lawsuit if they so choose.
Still, said Molly Reynolds, head of governance studies at the Brookings Institution, “if you get a comptroller general in place who is Trump-friendly, that is going to foreclose that option” of GAO suing the administration.
An acting director also wouldn’t be “in a position to make major transformational changes,” warned Walker, the former GAO director.
When Walker resigned in 2008, he appointed Dodaro acting director, a title that stuck for more than two years because Congress and the president weren’t quick to work through the nomination process. Before that, it also took two years to formally install Walker in the post in 1998.
Walker is now urging congressional leaders to recommend candidates who are willing to challenge executive branch officials regardless of who is president, as he did during his own tenure. A political independent who “leans Republican” and was confirmed by a GOP-led Senate, Walker sued the Republican vice president, Dick Cheney, for failure to provide GAO access to records.
He is also agitating for lawmakers to quickly start the search for potential replacements: “There’s no reason that they shouldn’t be planning now so that they can end up trying to make a timely decision.”
Congress
DHS stopgap set for quick House action after Rules Committee vote
The House Rules Committee advanced a measure Friday evening that would fund the entirety of the Homeland Security Department through May 22 — without setting up debate or a separate vote on the funding bill itself.
The panel, after a raucous meeting that devolved into shouting at multiple points, voted 8-4 on party lines to advance the measure to the floor.
The rule includes a “deem and pass” provision, a tactic that allows legislation to be passed by the House automatically once the rule itself is adopted. While there will be one hour of floor debate and a vote on the rule, there will not be a standalone House vote on the DHS spending bill.
Rep. Jim McGovern (D-Mass.) described himself as needing “a neck brace” from the whiplash of hearing Republicans argue for hours that the Senate’s early-morning voice vote on a different DHS funding measure was “shameful” for lack of transparency and accountability.
House Appropriations Chair Tom Cole (R-Okla.) accused the Senate of moving their bill “in the middle of the night, with the smell of jet fumes in the air,” lamenting that the House was left “to take it or leave it.”
House leaders, McGovern suggested, have chosen a similar path by fast-tracking the eight-week DHS stopgap.
“You’re in charge,” he told Rules Chair Virginia Foxx (R-N.C.). “You can do whatever the hell you want to do.”
Congress
Rand Paul weighs a 2028 presidential bid
Sen. Rand Paul (R-Ky.) is considering a bid for president in 2028, as Republicans jockey for the future of the GOP post-Trump.
In a “CBS Sunday Morning” interview airing Sunday, a reporter asked Paul about an article that implied he would be running for president.
“We’re thinking about it,” Paul said. “I would say fifty-fifty,” adding that he would make a final decision after the midterm elections.
Paul ran for the Republican nomination for president in 2016 with a libertarianism-focused campaign but ultimately dropped out after a poor performance in the Iowa caucuses and a shortage of cash. He instead ran for reelection to the Senate.
Paul has had a complex relationship with his own party and with President Donald Trump, often finding himself the lone Republican on certain issues. More recently, he was the only Republican to support a joint resolution that would limit Trump’s war powers in Iran.
His father, former Rep. Ron Paul, also ran for president three times: first as a Libertarian in 1988, and twice as a Republican in 2008 and 2012.
Congress
‘Meltdown’: DHS shutdown set to drag on after House GOP rejects Senate deal
House Republicans moved Friday to further extend the six-week shutdown of the Department of Homeland Security by rejecting a Senate bill that would fund the vast majority of DHS agencies through September.
Instead, Speaker Mike Johnson proposed a temporary extension of DHS funding through May 22 — a plan that has uncertain prospects in the House and certainly won’t pass the Senate before the shutdown becomes the longest funding lapse in U.S. history Saturday.
But Johnson said House Republicans simply could not swallow the Senate bill, which omits funding for Immigration and Customs Enforcement as well as Border Patrol and some other parts of Customs and Border Protection.
“The Republicans are not going to be any part of any effort to reopen our borders or to stop immigration enforcement,” he said. “We are going to deport dangerous criminal illegal aliens because it is a basic function of the government. The Democrats fundamentally disagree.”
The move toward an eight-week stopgap creates a tactical gulf between Johnson and Senate Majority Leader John Thune, who called an end to weeks of abortive bipartisan talks Thursday and pushed through the funding bill in hopes of tacking on funding later for ICE and CBP in a party-line budget reconciliation bill.
President Donald Trump has largely stayed out of the GOP infighting on Capitol Hill, keeping his criticism trained on Democrats. He ordered DHS to pay TSA officers Thursday as long security lines snarls more U.S. airports.
Johnson played down the split with his Senate counterpart, saying the Democratic leader there bore more blame for the impasse.
“I wouldn’t call John Thune the engineer of this,” he said. “Chuck Schumer and the Democrats in the Senate have forced this upon the Senate. I have to protect the House. … Our colleagues on this side understand this is not a game. We are not playing their games.”
Thune said early Friday morning he did not speak directly to Johnson in the final hours leading up to the Senate’s voice vote, but he said they had texted. He acknowledged he did not know in advance how the House would handle the Senate bill.
“Hopefully they’ll be around, and we can get at least a lot of the government opened up again, and then we’ll go from there,” he said.
Johnson made his game plan clear with House Republicans on a private call just minutes before addressing reporters in the Capitol, according to four people granted anonymity to describe the call. He warned that a failure to advance the short-term DHS stopgap would upend GOP plans for a reconciliation bill, the people said.
He suggested the Senate could quickly clear the stopgap measure once it passes the House. Most senators have left Washington for a recess running through April 13, but Johnson said the chamber could approve the House measure by unanimous consent at a planned pro forma session Monday.
But some House Republicans on the private call, including Rep. Carlos Gimenez of Florida, aired doubts it could pass the Senate — or even the House. Some fellow GOP centrists argued that the House should just swallow the Senate bill and end the standoff.
The House plan for a 60-day stopgap won a cold reception in the Senate, with even Republicans warning it will only prolong the partial government shutdown.
The plan is instead fueling frustration among both Republicans and Democrats who view House Republicans as essentially throwing temper tantrum. Three people granted anonymity to speak candidly each described the House as having a “meltdown.”
Schumer publicly slammed the House GOP plan Friday, saying it was “dead on arrival” across the Capitol, “and Republicans know it.”
A Senate GOP aide granted anonymity to speak candidly added that the quickest way to end the shutdown is for the House to pass the Senate bill.
Five people granted anonymity to comment on Senate dynamics said there was no possibility that Democrats would let the House GOP plan pass during the Senate’s brief pro forma sessions over the next two weeks. It would only take one Democratic senator to show up and object to any attempt to pass it.
The bill, according to the five people, also can’t get 60 votes in the Senate once the chamber returns. Democrats have previously rejected even shorter stopgaps, leaving some to privately question why House Republicans would ever think their plan would work.
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