Congress
John Thune offers to tweak controversial phone records language
Senate Majority Leader John Thune offered Thursday to amend the controversial provision he slipped into last week’s government funding package that could award GOP senators hundreds of thousands of dollars for having their phone records seized without their knowledge as part of an investigation into President Donald Trump’s effort to overturn the 2020 election.
Thune’s proposal, presented on the Senate floor Thursday afternoon, would clarify that any payout to senators seeking damages would be directed back to the U.S. treasury and would not personally enrich lawmakers.
It comes less than 24 hours after the House voted unanimously to repeal the legislative language. It also follows a tense GOP lunch meeting Wednesday, where Thune got an earful from his own members upset they had no advance warning about the provision.
Republicans discussed how to change the legislative language during the closed-door meeting and spent much of Thursday working to nail down the changes before Sen. Martin Heinrich (D-N.M.) came to the floor seeking unanimous consent to pass the House repeal measure.
The provision passed last week would allow lawmakers to be personally awarded at least $500,000, which could have resulted in millions of dollars transferred to several GOP senators who were singled out by former special counsel Jack Smith’s investigation into Trump’s activities following the 2020 election.
There was no agreement on the floor Thursday to move forward with Thune’s proposed measure, which would not have changed the underlying statutory language. He instead offered a resolution that would have been binding only in the Senate and would not require House approval.
Heinrich, the ranking member of the legislature branch appropriations subcommittee, objected to Thune’s offer, saying the law itself needs to be changed and that both parties should keep talking about addressing the retroactivity of the provision.
“Frankly, this is just outrageous to me,” said Heinrich. “This is at the exact same time as 22 million Americans could see their health insurance premiums skyrocket because Republicans refuse to extend the [Affordable Care Act] tax credits.”
Sen. Lindsey Graham (R-S.C.), who was among the lawmakers Smith subpoenaed, objected to Heinrich’s unanimous consent request and made clear he wasn’t interested in anything that would prevent him from filing a lawsuit.
“What did we do to justify having Jack Smith issue a subpoena for the phone records of a branch of government — the Senate — where all of us had to decide whether or not to certify the election?” Graham asked on the Senate floor. “We’re not going to let the Democratic Party decide my fate. We’re going to let a judge decide my fate.”
Graham also thanked Senate Minority Leader Chuck Schumer, who negotiated the language with Thune. Schumer told reporters yesterday he supported a repeal.
Jordain Carney contributed to this report.
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.”
Congress
Rick Scott holds up Coast Guard promotions
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.
Congress
Johnson touts ‘bipartisan’ path for FISA reauthorization, but obstacles remain
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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