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Judge denies Jan. 6 defendant’s bid to delay trial that could straddle Trump inauguration

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A Jan. 6 defendant facing five felony charges could be on trial at the precise moment power changes hand from President Joe Biden to President-elect Donald Trump — an uncomfortable prospect for prosecutors bracing for a leadership change that could upend cases stemming from the attack on the Capitol.

U.S. District Judge Dabney Friedrich on Tuesday denied a bid by defendant Michael Picciuto to postpone his Jan. 13 trial into April, who cited the prospect of a pardon from Trump and the potential awkwardness of being on trial at the moment the transfer of power occurs as a reason to delay.

“The chances of this going a week could easily actually roll into the date of the inauguration itself,” Picciuto’s attorney Jay Crook said.

But Friedrich, a Trump appointee, said the hope for a pardon is “entirely speculative in nature.” Trump has not indicated whether any future pardons would extend to all members of the Jan. 6 mob or only those facing misdemeanor charges. And she said she was hopeful that Picciuto’s trial would be over before crashing into the new administration.

“Delaying every January 6th case with the expectation that some or all will result in a pardon is an unmanageable suggestion,” she said.

About 200 Jan. 6 defendants have faced trials over the last four years, and Picciuto’s could be the last if Trump and his new Justice Department leadership act quickly to pull the plug on lingering prosecutions.

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Congress

No one wants to be on the Senate Ethics Committee

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The Senate could soon be in the market for a new internal cop. Nobody wants the job.

The top two lawmakers on the Senate Ethics Committee are poised to take over other panels next year, depending on the outcome of the midterms. Republican Sen. James Lankford of Oklahoma, the current chair, is in line to potentially lead the Committee on Homeland Security and Governmental Affairs, while the current senior Democrat, Sen. Chris Coons of Delaware, would chair the Foreign Relations Committee if his party flips the chamber.

Asked if he’d want to stay on as Ethics chair, Lankford laughed.

“No one asks to be on the Ethics Committee. No one — you can ask Chris Coons the same thing — no one asks to be on the Ethics Committee,” he said. “You’re asked to be on it and it’s a way of serving your conference.”

Coons was more diplomatic when asked if he wanted to serve on the panel again in any capacity, patting Lankford and himself on the back for their ability to “reach effective, swift, reasonable bipartisan resolutions to complex issues.”

“I enjoy the members of the committee,” he added.

Serving as chair of the Ethics Committee is an unenviable role — requiring lawmakers to lead investigations into allegations of misconduct against their coworkers and, in many cases, their friends.

There are also few rewards for the assignment: Unlike other committee leadership posts, sitting atop Ethics doesn’t provide a fundraising foothold or generate campaign ad-worthy headlines. It leaves little incentive for any lawmaker to take on the task.

“Nobody wants to be chair of the Ethics Committee. Period,” said Sen. Jim Risch of Idaho, the second-most-senior member of the panel who is also expected to continue leading Foreign Relations Republicans. “It’s very difficult when you have matters you have to deal with concerning your friends and colleagues.”

The third-ranking Ethics Committee Republican, Sen. Deb Fischer of Nebraska, noted she’s on tap to become Rules Committee chair next year.

As for whether she’d be willing to lead Ethics, too, she replied, “Deb Fischer is not going to do that.”

Unlike the House Ethics Committee, which has picked up the pace in recent months in holding members accountable, the Senate Ethics Committee has gone through long stretches of public inaction. It has issued just two public rebukes in the past decade: a letter of admonition to former Sen. Bob Menendez (D-N.J.) in 2018, and one to the late Sen. Lindsey Graham (R-S.C.) in 2023. Aside from those instances, one would have to go all the way back to 2012 to find the next most recent public disciplinary action.

When Menendez was found by the panel to have improperly received gifts from a friend — then used his position of power to advance that person’s interests following a mistrial in his federal bribery case — the committee wrote him a letter of admonition requiring him to repay the gifts.

Menendez went on to be convicted in a subsequent federal corruption case on charges of bribery and acting as a foreign agent, resulting in an 11-year prison sentence.

The Senate Ethics Committee slapped Graham with an admonishment in 2023 for “impermissibly conducted campaign activity in a federal building.”

Neither Senate Majority Leader John Thune nor Minority Leader Chuck Schumer — who are both focused on the Nov. 3 midterms — have spoken publicly about who they might put atop the Ethics panel if they find themselves needing a new chair.

There are also some unknowns. For Lankford to take over Homeland Security, for instance, current Chair Rand Paul of Kentucky would need to first decide whether to decamp for the Health, Education, Labor and Pensions Committee, where Louisiana Sen. Bill Cassidy’s retirement will leave an opening.

Given the Ethics Committee’s distinction as a “select” panel, Senate leaders have more leeway over who they tap for a chair position, especially if they run into hurdles finding someone willing to take it.

It’s rare, but not unheard of, for a senator to lead both the Ethics Committee and a “standing” committee simultaneously. It’s happened on three occasions since the committee was given its name in 1977, according to data compiled by the Congressional Research Service and the Senate Historical Office.

That means Lankford or Coons could end up being asked to continue in their roles, even if they are also chairing another panel. If not, Senate leaders could struggle to find a replacement further down the committee rosterr, which would force them to bring in a senator not currently on the panel.

Democrats already need to recruit at least one new member to the panel: Sen. Jeanne Shaheen of New Hampshire is not returning for the next Congress, and Sen. Brian Schatz of Hawaii is expected to succeed outgoing Sen. Dick Durbin in the caucus’s No. 2 leadership spot.

As for Republicans, Risch said he’ll pass.

He burst into laughter and said he was confused why someone would ask if he wanted to serve as chair.

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Bernie Moreno says GOP needs to prep for ‘Last Supper’ reconciliation bill

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Sen. Bernie Moreno said Thursday he expects the Senate to move a party-line legislative package after the midterm elections — especially if Democrats flip one or both chambers.

“We will do a reconciliation bill — one way or the other we will,” the Ohio Republican told reporters at the Capitol, referring to the simple-majority budget process. “Obviously, if we lose control of Congress, it’ll be the Last Supper.”

Such a bill, he added, would be “giant” and would include “all the Republican priorities that we can get done.”

The House approved a framework for a party-line bill over the summer that includes war funding, farm aid and election integrity incentives. But the push has so far run aground in the Senate

Moreno said the threat of imminent Democratic control of either the House or Senate would jumpstart matters — and potentially push Republicans to include a debt-ceiling increase as well.

The borrowing limit is set to be reached sometime next year, and a Democratic majority could have significant leverage to demand concessions as part of any deal — something the GOP could forestall by acting in the lame-duck session.

“I mean, nobody wants to see a debt default,” Moreno said. “That would be 1929 on steroids.”

Rep. Rob Wittman (R-Va.) also told reporters on Capitol Hill that a new reconciliation bill “has to happen” after the election but warned against expanding the scope of the House framework.

“I think you have to go with the one that we’ve got,” he told reporters. “The Senate needs to act and get the job done.”

A senior member of the Armed Services Committee, Wittman said the legislation is “key to restock our weapons magazine” and “should be the main focus when [members] get back.”

Moreno said if Democrats win control of both chambers, Republicans should stay in session nonstop to pass GOP legislation — which could be a tall order given worries about poor post-election attendance.

“If we lose the House and the Senate, we should be here from Nov. 9 until Dec. 31 with no break at all,” Moreno said. “Like, we’ll have turkeys here for Thanksgiving because we have to get this done.”

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Authorities investigate ‘suspicious substances’ mailed to congressional offices

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Authorities are investigating letters containing “suspicious substances” sent to multiple Capitol Hill offices, according to a notice sent to senior congressional staff.

“Law enforcement officials are working to intercept any additional letters before they are delivered, however, it is possible that some letters may reach their destinations,” says a memo from the Senate Sergeant at Arms and obtained by Blue Light News.

The Capitol Police, FBI and U.S. Postal Inspection Service are involved in the probe, according to the notice, which said additional letters have been mailed to other addresses across the U.S., including lawmakers’ state and district offices.

It is unclear if any of the suspicious letters reached Capitol Hill. Letters and packages sent to congressional offices are subject to off-site screening under a system established after the 2001 anthrax attacks.

The memo includes a photo of one of the suspicious envelopes and warns staff to keep an eye out for warning signs, such as messy handwriting or postmarks that do not match the return address. The memo was first reported by Bloomberg Government.

Suspicious letters were also sent to state election offices and election officials, according to a joint statement Wednesday from the National Association of Secretaries of State and National Association of State Election Directors.

They said they are working with law enforcement to protect “personnel and facilities” and that contingency plans and security measures are in place to respond to threats “while maintaining essential election operations.”

House and Senate mail is processed in two separate Maryland facilities where materials are screened, irradiated and tested for a variety of substances before they are sent to the Capitol complex — a process that can add as much as two weeks to delivery.

The process has proved effective in the past, catching a string of suspected explosive devices sent to prominent Democrats in 2018 and a ricin-laced envelope sent to Sen. Roger Wicker (R-Miss.) in 2013.

Members’ district and state offices have the option to send mail for screening before it is delivered or to contract with a similar mail security system.

Jordain Carney contributed to this report. 

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