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The House is scrambling to avoid a censure death spiral

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As he reconvened the House this month after a seven-week recess, Speaker Mike Johnson promised to recommit lawmakers to making laws — adding session days and keeping them voting into the night to catch up on lost time.

His members instead spent much of their first full week back after the shutdown sniping at each other and using the House floor to carry out attacks on colleagues. Lawmakers voted five times on measures to rebuke other members, eating up hours of floor time.

The spasms of personal pique crossed party lines, with Democrats targeting Democrats and Republicans targeting Republicans in some cases. It left at least a few lawmakers fuming about the depths of the House’s dysfunction and looking for ways to address it.

“The only thing we can apparently do is condemn each other,” said Rep. Mark Pocan (D-Wis.), slamming the legislative agenda. “I’ve not seen the House hit this low of a point since I’ve been here.”

An effort by a fellow Democrat to rebuke Rep. Jesus “Chuy” Garcia (D-Ill.) over his apparent scheme to install his top aide as his successor succeeded Tuesday. A Republican effort targeting Del. Stacey Plaskett (D-V.I.) over her communications with the late convicted sex offender Jeffrey Epstein narrowly failed, as did a GOP-led effort to censure Rep. Cory Mills(R-Fla.) over various alleged ethical misdeeds.

The Plaskett and Mills measures failed in part because of a small but vocal group of lawmakers determined to put a stop to the tit-for-tat floor antics before they spiraled into something even more disruptive.

Two of them — Reps. Don Bacon (R-Neb.) and Don Beyer (D-Va.) — introduced legislation Thursday that would change House rules to make it harder for members to target colleagues, warning that the chamber is at risk of devolving into an irreparable cycle of caustic personal brawling.

“The institution needs some protection,” Bacon said in an interview.

The Bacon-Beyer proposal would require 60 percent of the House to approve the censure of a lawmaker, disapprove of their conduct or remove them from their committee assignments — up from the current simple majority threshold.

“The censure process in the House is broken — all of us know it,” the two wrote in a letter to colleagues, saying the back-and-forth battles “impair our ability to work together for the American people, pull our focus away from problems besetting the country, and inflict lasting damage on this institution.”

Johnson called the general suggestion of rules changes “an intriguing idea” this week. He made no commitments to act but said he’d be “open to having that conversation.”

House Minority Leader Hakeem Jeffries also told reporters he was “open-minded about what the possibilities are in terms of getting the Congress out of this repeated effort by Republicans to censure members.”

In addition to the five votes on Garcia, Plaskett and Mills, House leaders also worked to try and fend off an effort to censure or expel Rep. Sheila Cherfilus-McCormick (D-Fla.), who was indicted Wednesday on federal fraud charges. She has called the indictment an “unjust, baseless sham.”

Rep. Greg Steube (R-Fla.), who publicly teased the effort to sideline his indicted colleague, said in an interview Thursday that he would hold off until the House Ethics Committee releases its report on Cherfilus-McCormick.

That’s at least a nod to how things used to be done in the House, where members were given a chance to make their case in court or to an effective jury of their peers on the Ethics panel before being subjected to public discipline.

Steube said he was ready to follow a more recent precedent: the House’s 2023 ouster of then-Rep. George Santos over claims of fraud and campaign finance irregularities.

Efforts to punish the New York Republican erupted soon after revelations of his checkered personal history emerged following his 2022 election. But it was only following the release of a scathing Ethics report that members acted overwhelmingly to expel him.

“If [Cherfilus-McCormick] does not resign by the time the Ethics Committee releases its report detailing their investigation, then I’ll move forward,” Steube said.

Lawmakers now expect that report to be released in a matter of weeks, according to two people granted anonymity to describe internal House conversations.

Extreme cases involving allegations of criminal conduct like Santos and Sherfilus-McCormick are not primarily what Bacon and Beyer are seeking to curtail.

Instead, they are registering more concern about a recent spate of censures that have been doled out across party lines to lawmakers who have engaged in behavior that is crude, distasteful or simply objectionable to their political enemies.

Rep. Paul Gosar (R-Ariz.), for instance, was censured in 2021 under a Democratic majority for posting an animated video depicting the murder of Rep. Alexandria Ocasio-Cortez (D-N.Y.). When Republicans retook the chamber, GOP members targeted Rep. Adam Schiff (D-Calif.) for his role in investigating President Donald Trump’s alleged connections to Russia and Rep. Rashida Tlaib (D-Mich.) for comments about Israel, among others.

Once a rare and embarrassing rebuke, censure has now become commonplace — in no small part because it has become a political rallying cry and fundraising boon for the lawmakers who lead the disciplinary efforts as well as those they target.

Without new protections, lawmakers fear the censure wars will continue to escalate.

“It’s an easy way for an individual member to elevate his or her profile, throw a rock at the other side and force your way onto the floor,” said one House Democrat granted anonymity to speak candidly about his colleagues’ motivations. “There doesn’t appear to be any kind of mutually assured destruction kind of deterrence on this. So my guess is, it’ll just keep going and going and going.“

A handful of members have stood against that trend. Bacon was among six House Republicans who saved Plaskett from censure and removal from the House Intelligence Committee this week by voting no or present on the resolution targeting her.

That sparked accusations from some colleagues that they had struck a corrupt bargain to protect Mills. But Bacon said there were larger principles at stake and many more than six who wanted to avoid a doom spiral of retribution.

Several Republicans told Bacon they “were voting yes but hoping I was a no,” he said. “Most of us know this isn’t good for the institution.”

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Congress

Johnson touts ‘bipartisan’ path for FISA reauthorization, but obstacles remain

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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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Graham releases blueprint for GOP immigration enforcement funding plan

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Senate Budget Chair Lindsey Graham unveiled a fiscal blueprint Tuesday paving the way for the GOP’s party-line immigration enforcement plan.

The budget resolution is the first step in Republicans’ two-step plan to deliver a bill funding Immigration and Customs Enforcement, Border Patrol and other agencies to President Donald Trump’s desk by his self-imposed June 1 deadline.

Senate Republicans are aiming to adopt the budget resolution this week. Senate Majority Leader John Thune can lose as many as three GOP members so long as Vice President JD Vance is available to break ties.

“Republicans are doing something that must be done quickly, and that our Democrat colleagues are trying to prevent us from doing. That something is simple: fully fund Border Patrol and ICE at a time of great threat to the United States,” Graham (R-S.C.) said in a statement.

The budget resolution tasks the Senate Judiciary Committee and Senate Homeland Security and Governmental Affairs Committee with drafting the subsequent immigration enforcement bill.

The resolution gives the committees until May 15 to hand over text. It sets a ceiling of $70 billion for the Judiciary Committee’s portion and $70 billion for the Homeland Security panel’s portion. While the language would allow for a larger bill, a Graham aide said Tuesday that Republicans are aiming to keep the measure to about $70 billion.

Senate Republicans are expected to take an initial vote on the budget resolution as soon as Tuesday afternoon. After that they’ll need to complete a marathon session known as a vote-a-rama before they can approve the fiscal blueprint and send it to the House.

Democrats are expected to force several amendments related to cost-of-living concerns. Senate conservatives could also try to expand the scope of the bill, though GOP leaders hope to avoid making any changes to Graham’s text.

House Republicans could take their own vote next week. They are also waiting to grant approval of a Senate-passed deal to fund the rest of the Department of Homeland Security. Speaker Mike Johnson has delayed action on the measure amid hard-right demands that the Senate move on the immigration enforcement funding bill first.

Some House conservatives want the Senate to complete the entire reconciliation process, which allows ICE funding to bypass a Democratic filibuster, before they take up the larger DHS deal. That could drag the agency’s shutdown deep into May.

Senate Republicans are aiming to put the final immigration enforcement bill on the floor the week of May 11.

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‘Many families are struggling’

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Rep. Lisa McClain of Michigan offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition. McClain, the Republican Conference chair, said at a news conference that “even with bigger [tax] refunds, many families are struggling right now, and I get it.”

That’s a departure from the message President Donald Trump sent at a event in Las Vegas last week, where he said “everything’s doing really well” and played down the impact of higher energy prices since he ordered military strikes on Iran.

“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again,” McClain, the No. 4 party leader added, saying Americans are “digging out of a hole” from former President Joe Biden’s administration.

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