Congress
Inside John Thune’s strategy for ending the shutdown
Senate Majority Leader John Thune laid out a path to end the government shutdown in an exclusive interview Wednesday, saying he is willing to discuss the shape of future health care negotiations if a “critical mass” of Democrats say they are willing to support a House-passed funding bill in return.
The comments, made in his Capitol office less than 18 hours into the first shutdown since 2019, are in keeping with the South Dakota Republican’s current strategy — which is to let pressure build on Democrats to back the GOP-led House stopgap as the only solution.
But Thune acknowledged that he has had back-channel conversations with Democrats and said he’s willing to discuss how to structure a negotiation on Obamacare insurance subsidies that are set to lapse at the end of the year.
“I keep telling them: When they have eight or 10 — preferably 10, or more — when they have a critical mass, let me know if there’s a conversation they want to have,” Thune said.
He insisted he would not negotiate on the substance of an extension while the government is closed. But pressed on whether he was open to discussions with Democrats about how the health care negotiations might work post-shutdown or how to advance full-year appropriations bills, Thune said, “We are.”
“Some of those conversations are happening,” he added. “With our members and their members there’s a lot of back-and-forth going on right now about some of the things they would like to see happen.”
Those bipartisan conversations spilled into public view Wednesday when a large group of senators talked on the Senate floor about how the government might be reopened. The talks, according to several lawmakers involved, are in their early phases. But they are a sign that, less than 24 hours into the shutdown, lawmakers are already looking for the way out of it.
Republicans involved in the bipartisan talks say that a framework for negotiations on the health insurance subsidies has come up, as well as a timeline for wrapping them up. Some Democrats want a deal by Nov. 1, when open enrollment starts for plans offered on Affordable Care Act exchanges. Linking it to the passage of a larger appropriations package after the shutdown fight has also been discussed.
But GOP senators said they are largely offering reassurances to Democrats that dozens of their members, and Thune, are willing to have a negotiation on the subsidies once the government is reopened under the House-passed continuing resolution.
Thune backed up that message Wednesday, reiterating in the interview that the GOP funding patch through Nov. 21 remains the only viable option: “Everybody wants a solution, wants a way out. But I don’t know how you do that absent opening up the government.”
Senate Minority Leader Chuck Schumer continued Wednesday to push for a substantive negotiation on health care as 44 of the 47 members of the Democratic caucus remained behind him in a third vote against the House CR. Another five would have to break ranks to pass the bill.
Thune said in the interview that he believed Schumer is in a “tough spot” but that he hoped he would give rank-and-file Democrats “latitude” in their current discussions with Republicans.
Schumer, for his part, offered public support for the bipartisan Senate talks Wednesday, noting that he and other Democrats have been saying for weeks that Republicans need to talk to them.
While some Democratic lawmakers have warned they won’t vote for the stopgap bill unless a deal on extending the insurance subsidies is written into it, others have left the door open to an off-ramp that would fall short of that red line.
“One of the reasons probably why there are some of us in this camp is that there are Republicans telling us, ‘We agree with you. For our own interest, we have to fix this,’” Sen. Tim Kaine (D-Va.), who is involved in the talks, said Wednesday.
Thune, however, said he could not guarantee that a deal on extending the premium tax credits would be ready to be passed by Nov. 21, when the House stopgap would expire.
“I don’t know we can have a deal that could pass by then but I think there are … definitely discussions around things that could lead” to one, he said.
What to do about the soon-to-expire subsidies badly divides Republicans. Conservatives want to let them lapse at the end of the year. But a swath of House and Senate Republicans are open to extending them later this year with changes, such as new income limits, language aimed at preventing potential fraud and new minimum out-of-pocket premiums.
“What I can’t guarantee, of course, is an outcome and, in particular, one that would clear in the House, too,” Thune added. “The White House is another factor here. But I think everybody realizes we want solutions.”
Congress
The House Ethics Committee wants to do better
Three lawmakers accused of serious ethical lapses have been forced to resign in just over a week, prompting even members of the House Ethics Committee to question whether the panel is up to the task of policing its own.
The committee is at a moment of reckoning as it seeks to prove itself ready, willing and able to root out bad behavior in its ranks. It’s spent the past year and a half rebuilding its reputation after internal disagreements about how to handle an ethics report over ex-Rep. Matt Gaetz spilled into the public and threatened the bipartisan panel’s credibility.
Now, amid the high-profile resignations of Rep. Eric Swalwell (D-Calif.), Tony Gonzales (R-Texas) and Sheila Cherfilus-McCormick (D-Fla.), members who sit on the highly secretive committee are opening up — eager to share their perspectives, acknowledge their limitations and defend their work.
“The reality is we are still too slow, and I believe that we should be moving faster. I’ve expressed some of my recommendations on how we can do that to staff,” said Rep. Suhas Subramanyam (D-Va.), who joined the Ethics Committee this Congress, in an interview. “I want people to take the Ethics Committee more seriously.”
In extended interviews Monday and Tuesday, Ethics Chair Michael Guest (R-Miss.) said his panel is hamstrung by the House’s institutional bureaucracy.
“I’ve been asked, you know, could the Ethics Committee, if there were additional resources provided to the committee, would that help us move cases through quickly? And of course, the answer to that is yes,” Guest said. “But you know, it has to be up to leadership. It has to be up to the Speaker and the Minority Leader as to the size of the staff that they would like to see the Ethics Committee command.”
Their comments come amid questions around how Gonzales and Swalwell were able to serve in office for so long unchecked: Both were accused of engaging in sexual misconduct with former staffers, with Swalwell accused of rape. Each stepped down before the Ethics Committee ever had a chance to render findings of fault and enact punishments.
Cherfilus-McCormick also resigned moments before the Ethics Committee was due to meet Tuesday afternoon to consider a punishment for a determination that she illicitly funneled millions to support her campaign, which could have culminated in a recommendation of expulsion.
Now attention is turning to Rep. Cory Mills (R-Fla.), who stands accused of numerous violations, including illicitly engaging in government contracts while in federal office and threatening to release a former girlfriend’s nude videos. He has maintained he has no plans to resign as his case before the Ethics Committee has languished without resolution.
In November, the House Ethics panel quietly requested the Office of Congressional Conduct — the quasi-independent office that fields and investigates complaints against members and staff from the public — to drop its probe into Mills, according to a person with knowledge of the ethics process who was granted anonymity to describe the confidential process. That message was transmitted to the OCC the same day the House voted to effectively table a resolution offered by Rep. Nancy Mace (R-S.C.) to censure Mills for various alleged improprieties.
The OCC was established in 2008 by then-Speaker Nancy Pelosi (D-Calif.), and proponents say it provides a necessary, largely independent set of eyes — including on ongoing investigations. Critics view the OCC as an untrustworthy political group; it sat defanged for months this Congress before Speaker Mike Johnson brought a perfunctory measure to the House floor that set up its ability to launch investigations by appointing its board.
Guest declined to discuss details of the Mills case but did not deny that such a request had been made, saying it was standard practice for Ethics to take the reins on a probe from OCC “once an investigative subcommittee is established.”
He conceded the Ethics Committee at times may operate slower than some would like, but its process was deliberate and thorough. “If members want this to be a rush committee where we have two weeks to come up with a report and return that report back to the body, then I’m not the right person to be serving in that room.”
He did say he hoped to discuss with Johnson how to improve the panel’s operations. One continued challenge for members is the loss of jurisdiction once a lawmaker resigns from Congress, which has historically meant the committee stops its investigation and does not release a report of its findings. Guest proposed a new policy where a report could be made public upon a lawmaker’s resignation, meaning bad actors could not always leave office in order to hide from revelations about their misdeeds.
Rep. Mark DeSaulnier of California, the top Democrat on the Ethics Committee, said the committee could better handle cases of sexual misconduct and has spoken to Democratic leadership about modernizing the panel.
“I think on sexual harassment, [the] thing that occurs to me is that there should be one place to go that’s clear to report, that has enough staff, and they’re been very well trained in the subject area, so that people feel like there’s a place they can go and be safe, protected,” he said. “And then there’s a due process that responds in a way that is deliberative, but under the urgency of circumstances.”
This is an area where the Ethics Committee has, in recent weeks, found itself struggling to respond to public pressure. When the House was poised in March to vote on a measure brought by Mace that would have compelled the committee to make information on sexual harassment claims public, Guest and DeSaulnier said in a statement it would have a chilling effect for victims. The resolution was ultimately tabled.
On Monday, the panel released a statement reaffirming its commitment to taking allegations of sexual misconduct seriously — and a list of publicly disclosed sexual misconduct investigations dating back to 1976. Many of those cases were closed without resolution because the member under scrutiny resigned from office before the committee could conclude the case.
One lawmaker who has served on the Ethics Committee, who requested anonymity to describe the panel’s private operations, argued that disclosure of sexual misconduct cases can harm potential victims who may not want their cases brought before the panel in the first place.
This explanation is largely falling on deaf ears from members who want more transparency and accountability, though, with Rep. Anna Paulina Luna (R-Fla.) calling the Monday release of previously disclosed sexual misconduct allegations against House members an inadequate “cleanup job.”
Rep. Glenn Ivey (D-Md.), a member of the Ethics Committee and a former federal prosecutor, suggested that improving the panel’s internal systems for handling sexual harassment claims might be a lost cause.
“I think the ugly truth is there’s no process that handles this well that I’ve seen, whether it’s state courts, federal courts, internal corporate investigations, Congress or the Senate,” he said.
Congress
Senate launches budget debate
Senate Republicans opened debate Tuesday on a fiscal blueprint meant to pave the way for passage of a party-line immigration enforcement funding bill later this year.
The Senate voted 52-46 to advance the budget resolution, which Budget Chair Lindsey Graham (R-S.C.) unveiled earlier Tuesday. It instructs House and Senate committees to write legislation expected to deliver about $70 billion to Immigration and Customs Enforcement and other agencies.
The Senate is expected to give the measure final approval this week before leaving town. The chamber could move to a marathon voting session, known as a vote-a-rama, as soon as Wednesday, though plenty of Republicans are betting that it won’t start until Thursday.
Congress
Cherfilus-McCormick resigns amid ethics investigation
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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