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Mullin has more work to do to repair the relationship between DHS and Congress

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Homeland Security Secretary Markwayne Mullin has taken some steps to improve his department’s relationship with Capitol Hill. Lawmakers in both parties, however, say there’s much more to be done before the damage from his predecessor’s tenure is repaired.

Senate Republicans, largely adulatory of Mullin’s early efforts to change course at the Department of Homeland Security, acknowledge that the poor relationship between DHS and its Senate committee of jurisdiction is limiting productive engagement.

Tensions still exist between Mullin and the chair of the Senate Homeland Security Committee, Sen. Rand Paul (R-Ky.), who has lashed the Homeland Security secretary for not having what he considers the proper temperament for the role. The enmity between the two men burst out in public view during Mullin’s March confirmation hearing, when Paul upbraided Mullin for disparaging comments Mullin had made about a violent 2017 attack against the Kentucky Republican.

“There needs to be a good relationship between the secretary of Homeland Security and the chairman of the committee,” Sen. Rick Scott (R-Fla.) said. Declining to say if any members are working to smooth over the relationship between the two, Scott emphasized: “I think it’s important they figure out how to have a positive human relationship.”

Paul declined to comment on his relationship with Mullin. While Paul was also a critic of former Secretary Kristi Noem’s heavy-handed approach to deportations, his frustrations with Noem did not appear as personal.

The White House has also been slow to embrace Mullin as its go-to representative on Blue Light News for DHS matters. As funding legislation snaked its way through Congress in March and April, the White House mainly dispatched border czar Tom Homan to talk to lawmakers, casting Mullin into a less direct role in the push to end the monthslong shutdown of his department.

That omission is all the more striking given that Mullin, who represented Oklahoma in both the House and Senate, was hailed as a Capitol Hill dealmaker when he was nominated. Mullin had also vowed to be accessible and very communicative with Congress during his confirmation hearing. Early reports had also suggested he was trying to play a role during his confirmation process as a broker for a funding deal.

Many of those dynamics will be on sharp display this month when Mullin returns to testify before the House Appropriations Committee, his first public appearance before his former colleagues since he entered the Cabinet. His testimony at an oversight hearing, which has been postponed after it was initially scheduled for Monday, will give lawmakers their first chance to publicly press Mullin on his efforts at the department.

DHS said in a statement that “while serving in his new role as DHS Secretary, he’s continuing this leadership style and is in constant communication with leaders on Capitol Hill, his 22 agency heads, and the White House to deliver on President Trump’s promise to protect the homeland.”

The department added that “the secretary’s number one priority was re-opening DHS and getting the patriots who protect our homeland paid. His relationships with his former colleagues — on both sides of the aisle — were critical to getting DHS re-opened.”

Mullin is making inroads on Blue Light News. He and White House deputy chief of staff James Braid met with members of the Republican Governance Group on Wednesday, signaling Mullin may play a larger role in the unfolding effort to secure funding for Immigration and Customs Enforcement and Customs and Border Protection via a to-be-negotiated reconciliation bill.

One bright spot has been the House, where Mullin’s relationship with Republican lawmakers is uniformly better. House Homeland Security Chair Andrew Garbarino (R-N.Y.) said Mullin has briefed his committee since taking office. And both Garbarino and Rep. Mark Amodei (R-Nev.), the top House appropriator on the subcommittee that funds DHS, said communication from DHS has improved under Mullin’s watch.

“We do have an open line of communication,” Garbarino said. “Dealing with his team has been very good, and I think the information coming out of HQ is not as siloed as it was previously.”

But Democrats still have many concerns about DHS and Mullin, at a time when slim margins in the House and Senate have made potential Democratic support useful in sticky legislative battles.

Sen. Gary Peters (D-Mich.), the top Democrat on the Senate Homeland Security Committee, said he’s met with Mullin since his former colleague’s confirmation as DHS secretary. But when asked about Mullin’s leadership of DHS, he demurred.

“I think we’ve still got to wait and see,” Peters said.

There were high hopes from Republicans going into Mullin’s confirmation that he would repair what many saw as an unproductive relationship between DHS and Capitol Hill. Senators identified his predecessor’s rough relationship with Capitol Hill as one of the reasons for her downfall.

Noem “wasn’t as engaged with senators as some of her Cabinet colleagues,” Sen. Cynthia Lummis (R-Wyo.) said. “That became a problem when she needed some support when she was getting attacked.”

While Mullin was not a major driver of negotiations to restore funding for DHS, the secretary was a fixture on news shows, arguing that Democrats were hurting U.S. national security by keeping his department shuttered. In particular, Mullin singled out Senate Minority Leader Chuck Schumer as a “lying scumbag politician” for what he characterized as dishonest messaging around Democrats’ opposition to funding legislation.

There’s no love lost with Senate Democrats over that. Schumer’s office said in a statement that Mullin “can throw around insults all he wants, but the facts are the facts: Senate Democrats passed bipartisan DHS funding bills twice, and House Republicans sat on them for more than 70 days — holding up funding for TSA, FEMA, the Coast Guard, and other critical agencies because they refused basic accountability for ICE and CBP.”

That caustic performance did not cost him with most Republicans. Amodei said in an interview that “my initial impressions are excellent. Communications culture has done a 180 … he’s been put there to be a leader.”

Congressional confidence in Mullin is likely to get him over these current hurdles, argued Rep. Michael McCaul (R-Texas), a past chair of the House Homeland Security Committee.

“He’s a creature of Congress, and a creature not in a bad sense,” McCaul said. “We know him from the House. The Senate knows him. That always helps … there’s a level of trust with Markwayne there that helps a lot.”

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Capitol agenda: The unknowns of a Sherrod Brown return

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Democrats may be rooting for Sherrod Brown’s comeback, but they are not exactly prepared for what’d happen next.

If Brown wins on Election Day, Democrats likely face an uncomfortable choice: break longstanding party rules to restore his seniority on powerful committees like Banking, Agriculture and Finance or potentially make him start over at the bottom.

Complicating the issue: Brown will immediately need to prepare for a grueling re-election fight in 2028 and his campaign could greatly benefit from two years with a high-profile gavel. That’s because this midterm is Ohio’s special election where voters are selecting a senator to serve out the remainder of Vice President JD Vance‘s term.

Brown’s post, therefore, may not only deeply impact Democrats’ policy agenda but could also play a key role in the party’s success in winning the battleground seat in 2028.

Some members are already suggesting the party should try to find a middle ground.

“Some accommodation that recognizes he would not be a rank freshman would make sense. But that’s distinct from handing him back a leadership role at Banking,” said Sen. Chris Coons.

The Ohio Democrat served as the top Democrat on the Banking panel for a decade. He was also a longtime member of Finance as well as Agriculture, where he would also be the most senior member if his previous service counted.

To give Brown a gavel on Agriculture or Banking could set up clashes with the Democrats now expected to lead their party on the panels: Sens. Michael Bennet and Elizabeth Warren, respectively.

It would also break Senate Democrats’ caucus rules, and precedent is not on Brown’s side when it comes to making exceptions.

Still, aides and lobbyists around the panels expect Democrats will be eager to give Brown some sort of perch.

Those close to him have been encouraging him to seek the Agriculture gavel. It’d allow him to deliver valuable policy wins for Ohio’s rural areas, influence the farm bill if it gets punted to next year and help guide the direction of cryptocurrency regulation.

Another possibility that avoids an intraparty clash: hand Brown a seat on Appropriations, which could potentially give him a subcommittee gavel and federal funding clout.

Minority Leader Chuck Schumer has avoided any firm commitments on Brown’s seniority, saying last month when asked: “Let’s win back the Senate first.”

What else we’re watching: 

— OMAR RAID RAISES QUESTIONS FOR GOP: House Republicans — including Majority Whip Tom Emmer — have publicly cheered on the Trump administration’s investigation of GOP boogeyman Rep. Ilhan Omar. But the raid raises thorny questions for GOP leaders about how aggressively Congress wants to defend itself — regardless of party — from encroaching federal prosecutors. Lawmakers’ work communications are protected from prosecutors’ scrutiny, with few exceptions, under the Constitution’s “speech or debate” clause. That draws into question whether the emails, texts, and materials on Omar’s phone, which was seized in the raid, could legally be reviewed by Trump officials. So far, Speaker Mike Johnson has yet to weigh in on how the House’s legal team may defend Omar.

— TRUMP’S TRICKY FARM MONEY PROMISE: Trump’s move Monday to turn out GOP voters by promising to send farmers $8 billion in taxpayer money is already facing a reality check. The internal USDA taxpayer-funded account Trump is tapping doesn’t actually have enough money in it right now to make the payments, meaning Congress will have to approve new funds or the administration will have to take it from another program, according to three Trump officials granted anonymity to discuss private conversations. Plus, farmers wouldn’t receive the payments until late November or early December at the earliest — well past Election Day, according to three people close to the plans.

Jasper Goodman, Grace Yarrow, Kyle Cheney and Meredith Lee Hill contributed to this report.

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This member is so frustrated with Congress he wants voters to sidestep it

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At the end of one of the least productive Congresses in modern history, freshman Rep. Johnny Olszewski is so sick of the gridlock on Capitol Hill that he wants voters to bypass it entirely.

“It’s been a long two years,” the Maryland Democrat said in a Tuesday interview.

“One of the things that’s made it difficult as a new member is to see not only the dysfunction, but also the missed opportunities,” he added. “There are so many issues out there that Americans support that this Congress and frankly prior Congresses have failed to act on.”

Fed up with the lack of progress on popular policies like banning congressional stock trading, equipping police with body cameras or protecting in vitro fertilization, Olszewski is introducing a constitutional amendment Thursday, first shared with POLITICO, that would create a mechanism for voters to make federal law directly.

The measure would give voters 18 months to gather signatures from at least 5% of people who participated in the most recent presidential election in 25 states. Then any qualifying direct-democracy measure would be put on ballots for the next national election and need a 60% national majority to pass.

Votes to declare war or direct federal spending would not be eligible under the proposal.

“If we were acting, there’d be no need for this to come into play,” Olszewski said. “It would create a really important backstop for the American people to say, ‘You know what … irrespective of which party is in power, Congress is failing to meet not just our everyday needs but act on issues that we overwhelmingly support and want to see acted upon.’”

The amendment — which itself would require support from two-thirds of the House and Senate as well as three-quarters of states — is an incredible longshot and would create serious implementation headaches, but Olszewski — a former civics teacher — hopes his proposal will spark a discussion about congressional reform.

“I understand that any constitutional amendment is going to be difficult,” Olszewski said. “But I’m hopeful that at least for the lame duck session, this is an opportunity to create a conversation around the fact that we have been so gridlocked that we have failed to address the needs of the American people.”

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The House GOP’s imminent decision on the Omar raid

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House Republicans have publicly cheered on the Trump administration’s investigation of Rep. Ilhan Omar. But underneath the posturing, the raid raises thorny nonpartisan questions about how aggressively Congress wants to defend itself from encroaching federal prosecutors.

The Department of Homeland Security investigators who raided Omar’s Washington home last week were searching for evidence related to the Minnesota Democrat’s immigration history. But they also emerged in possession of her personal phone, which likely includes a trove of records related to Omar’s work at the Capitol — records that both parties have a strong interest in keeping private.

Lawmakers use their cellphones and computers to communicate with aides about upcoming votes, committee hearings and drafting or filing legislation. They text and email colleagues about the work of the House. And they talk to constituents, advisers, attorneys and experts about crucial congressional decisions. The Constitution’s “speech or debate” clause makes such material absolutely immune from scrutiny by federal prosecutors, with few exceptions.

The founders adopted those protections to ensure the executive branch could not use its law enforcement power to punish or coerce opponents in Congress. That principle has united Democrats and Republicans, even in this hyperpolarized era.

Speaker Mike Johnson has yet to weigh in on the speech-or-debate implications of the Omar raid, but the House has sometimes taken weeks or months to articulate a position in other recent investigations.

A letter from Omar’s attorneys to the Justice Department, reviewed by Blue Light News, suggested that the magistrate judge who approved the search ordered investigators to contact the House’s top lawyer, Matthew Berry, giving him a chance to intervene on behalf of the institution. Berry’s office has been in contact with Trump administration counterparts in recent days, according to two people familiar with the investigation.

The people, who were granted anonymity because they are not authorized to discuss the probe publicly, say investigators have not yet accessed Omar’s phone. If they choose to attempt to access it, they must first give Omar a chance to review its contents and assert speech-or-debate protections, with a court ultimately deciding which materials investigators may access.

A representative for the Justice Department declined to comment. Representatives for Minority Leader Hakeem Jeffries, Johnson and Omar did not respond to requests for comment.

The administration’s targeting of Omar comes amid a series of actions the Trump-led Justice Department has taken against Democratic members of Congress: a failed effort to indict Sens. Mark Kelly of Arizona and Elissa Slotkin of Michigan, along with several House members, over comments encouraging members of the military to refuse unlawful orders; criminal charges against Rep. LaMonica McIver for allegedly assaulting an ICE officer during a visit to a New Jersey detention facility.

It also comes amid continued GOP outrage over former special counsel Jack Smith’s decision to gather some material related to Republican members of Congress in the aftermath of the 2020 election.

The House’s official legal positions are determined by an obscure five-member body known as the Bipartisan Legal Advisory Group, or BLAG. The BLAG is made up of the speaker, majority leader, majority whip, minority leader and minority whip. That panel, always controlled by the majority party, charts the House’s course in court. And while most of the BLAG’s recent decisions have broken 3-2 along partisan lines, speech-or-debate issues have sometimes resulted in unanimous agreement.

Berry has seen this movie before: In 2022, federal investigators seized the phone of Rep. Scott Perry (R-Pa.) to scrutinize his role in President Donald Trump’s bid to subvert the 2020 election. The Justice Department’s aggressive action drew a bipartisan response from House leaders, who demanded access to the sealed proceedings to ensure prosecutors didn’t cross any constitutional lines. And shortly after Republicans returned to the majority in 2023, Jeffries and Minority Whip Katherine Clark joined GOP leaders and supported Berry’s filing of a 36-page brief demanding robust protection of materials seized from lawmakers’ cellphones.

That case resulted in a new precedent that treats lawmakers’ personal cellphones as an extension of their private offices. It took more than a year of litigation before those investigators, later led by Smith, were able to access a subset of Perry’s records that were deemed to fall outside of Congress’ constitutional protections.

Stan Brand, a former House counsel who represented Perry in the legal battle against Smith’s team, noted that the backdrop of Omar situation is strikingly similar to one of the most significant constitutional clashes between the House and Justice Department: the 2006 raid of then-Democratic Rep. William Jefferson’s congressional office by George W. Bush-era prosecutors. At the time, GOP House leaders joined Democrats in outrage over the raid.

Notably, the DHS investigators who carried out last week’s search presented Omar with a “speech or debate” waiver that she refused to sign, according to the letter from Omar’s attorneys. Courts have expressed skepticism about whether individual members can waive protections that were intended to safeguard the separation of powers for the entire institution.

“This is just one more example of excess in the Department of Justice under both Democrats and Republicans,” Brand said.

Senate Republicans have also accused the Justice Department under President Joe Biden of violating their speech-or-debate protections when Smith subpoenaed their phone records — which don’t include the content of texts or emails — from third-party telecom companies like Verizon. One GOP senator is suing Smith and the Justice Department over the matter, and DOJ has since adopted new policies for third-party subpoenas related to members of Congress.

Riley Rogerson and Mia McCarthy contributed to this report. 

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