Congress
Jeanne Shaheen is Democrats’ shutdown whisperer
If Republicans want to quickly bring the government shutdown to an end, they will need to get one particularly formidable Senate Democrat on board.
New Hampshire Sen. Jeanne Shaheen has emerged as a central player in the bipartisan back-channeling that has ramped up this week as congressional leaders and President Donald Trump remain locked in a bitter stalemate.
Shaheen brings key credentials to the negotiating table. She’s an original proponent of the enhanced Obamacare tax credits whose expiration has emerged as a key flashpoint in the shutdown debate. She’s a veteran appropriator who has long despised government shutdowns. And she’s set to retire next year after 18 years in the Senate, insulating her from some of the political pressures her colleagues are feeling.
Earlier this year, Shaheen was one of the 10 Democrats who helped advance a GOP-written stopgap to avoid a March shutdown — and one of two members of the caucus who ultimately voted for it. This time around, she’s holding out as she works to forge some sort of consensus that could reopen the government while putting Congress on a path to extend the tax credits past the end of the year.
“I’ve been in conversations with a number of colleagues on both sides of the aisle,” Shaheen told reporters this week after the bipartisan Senate talks spilled into the open, adding that the insurance subsidies are “one of the areas that we ought to be able to find agreement on.”
While Shaheen has an independent streak, Minority Leader Chuck Schumer and other party leaders are aware of her outreach, fellow Democrats say, and in some cases she has asked her colleagues to try to keep lines of communication open.
“She’s doing a good job,” said Sen. Tim Kaine (D-Va.), who has kept in close touch with Shaheen. “There’s a couple of times where she’s said, ‘Hey, can you do this?’ to move the ball, ‘This person it might be better for you to talk to.’”
Shaheen, whose office declined to comment, has been careful not to delve into the nitty-gritty of her discussions. But she is hardly keeping her efforts a secret. She has done a round of media appearances this week — including on Fox News — to stress that a deal could be in reach if congressional leaders come together.
Lending that claim credibility is her long involvement in other bipartisan negotiations. That includes a Senate “gang” that helped bring an end to a brief shutdown in early 2018. She was also involved in bipartisan talks during former President Joe Biden’s administration, including a 2021 infrastructure deal.
More recently, she’s built close relationships with Republicans as the top Democrat on the Foreign Relations Committee, making common cause in defense of NATO and against Russian President Vladimir Putin — who has put her on a blacklist of Americans created in response to sanction efforts. She recently helped advance Mike Waltz’s UN ambassador nomination in exchange for a foreign aid deal.
Top Republican leaders now see her among the handful of Democrats who they believe want to find a quick way out of the shutdown stalemate. Ahead of the Oct. 1 shutdown, Shaheen declined for days to say how she would vote on a last-ditch attempt to pass a House-approved stopgap bill — the only off-ramp then available. Before and immediately after the Tuesday vote, she was spotted talking with several Republican senators, including Majority Leader John Thune.
“I think she’s one of many, as you know, on her side who tends to be kind of more in the reasonable caucus,” Thune said in an interview. “I think she’s looking for a path forward.”
Shaheen has been careful not to box herself or her colleagues in as they try to figure out an agreement about how to get out of the shutdown. And she’s opened the door to clamping down on the credits in order to win GOP support for extending them.
While she hasn’t publicly locked herself into any specific proposal, she noted recently that nearly everyone who is getting help through the subsidies to pay for their health insurance makes less than $200,000 a year — an income figure that has also been raised by House moderates. Republicans are certain to press for an income cap as part of any agreement on an extension.
GOP senators say the health insurance subsidies are not her only concern. She is also looking at how to get full-year appropriations bills moving. (The funding bill she helps oversee as a subcommittee ranking member, for the Department of Agriculture, is part of a three-bill package that has effectively been stuck because of the shutdown fight.)
A person who has spoken with Shaheen who was granted anonymity to speak freely about her thinking said the senator is aware that Democrats are operating from a structural disadvantage since Republicans control the House, Senate and White House. The person added that while she is pushing for the best possible outcome and supports larger Democratic aims, she’s also being realistic about what is achievable in the negotiations.
Sen. Mike Rounds of South Dakota, who is part of the group of Republicans talking to Shaheen, called her a “good partner” in the effort to find an end to the shutdown.
“She’s been kind of a good purveyor of the message,” Rounds said. “I mean, she gets the fact that we’re not going to do anything until we get out of the shutdown. So she’s trying to figure out a way to convince more of her team that we need to get this shutdown behind us and then we can get back to regular order.”
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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