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Timely troop pay is now in Trump’s hands

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President Donald Trump is now the only person with the power to keep 1.3 million active-duty military members from missing their paychecks Wednesday after the Senate failed to act on spending legislation Thursday then left Washington for the long holiday weekend.

If all active-duty troops are not paid on time, it would be a first in U.S. history.

Trump, however, has publicly assured servicemembers several times now that they will get their pay regardless of the shutdown. White House officials have been reviewing options to shift funding around to avoid the pay lapse, and many Republicans on Capitol Hill believe Trump will intervene — even amid questions about the legality of the move.

But senior Hill Republicans are arguing they need to let troop pay lapse in order to demonstrate the real consequences of Senate Democrats blocking the short-term spending bill the House passed last month, according to four people granted anonymity to discuss behind-the-scenes strategic conversations.

If Democrats can make it through the Oct. 15 troop pay deadline without feeling overwhelming political consequences, the shutdown will drag on for weeks, those Republicans argue.

Many congressional Republicans have pushed their leaders to pass a standalone bill allowing troop checks to go out, but those leaders are holding firm against it — leaving intervention by Trump as the only other way to pay troops at this point. House GOP leaders have no plans to try to pass troop pay legislation led by Rep. Jen Kiggans (R-Va.) by unanimous consent during the House’s pro forma session Friday, according to three people granted anonymity to describe plans.

Speaker Mike Johnson said earlier this week that Monday is the real cutoff point for a decision given the Pentagon’s payroll process. Now with both chambers out of town until after that deadline, it’s up to Trump.

Senate Majority Leader John Thune, asked in a brief interview Thursday night about the troop pay, replied with exasperation: “Open up the government.” As far as the options Trump officials have been discussing, Thune said he’s been “talking constantly” with the White House but wasn’t aware of Trump’s latest statement on the matter.

Thune made clear earlier this week he didn’t believe such a vote was necessary, jumping in after Johnson seemed open to the idea when the two appeared together at a news conference. Thune has floated trying to move a stand-alone Defense Department funding bill, but that would take buy-in from Democrats and wouldn’t be passed before the paycheck deadline.

Johnson has since closed the door to the possibility of a stand-alone troop pay bill.

“We’ve had that vote,” Johnson told Fox News Friday morning. “And now they realize the real consequences, I think the House Democrats have realized the real consequences of what they’ve done. And it’s shameful.”

Benjamin Guggenheim contributed to this report.

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Congress

Joe Wilson hospitalized

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Rep. Joe Wilson (R-S.C.) was hospitalized after falling in his home on Wednesday evening.

Wilson’s office said on Thursday that the 78-year-old is fine and working remotely.

“Last evening, Congressman Wilson slipped in the bathroom of his residence in Washington and cut his head,” David Snider, a spokesperson for Wilson, said in a statement. “He received stitches, is fine, and working remotely.”

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‘You lose your credibility’: Democrats warn against turning a blind eye to a colleague’s misconduct

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House Democrats will soon have to choose between protecting an embattled colleague or insulating themselves from politically damaging accusations of hypocrisy.

The House Ethics Committee will begin the process Thursday of determining whether Rep. Sheila Cherfilus-McCormick warrants punishment as extreme as expulsion over accusations that she stole millions in FEMA funds and committed various campaign finance infractions.

The bipartisan panel that typically operates in secret is holding a public “trial” — the first in nearly 16 years — that will litigate those allegations as the third-term Florida Democrat faces federal criminal charges in her home state. Cherfilus-McCormick has maintained her innocence, saying “the full facts will make clear I did nothing wrong.”

House Democratic leaders have so far taken a hands-off approach to the saga.

Minority Leader Hakeem Jeffries and his office say that Cherfilus-McCormick is “entitled to her day in court and the presumption of innocence,” and Caucus Chair Pete Aguilar of California told reporters Wednesday he also would not “prejudge any outcome” of the Ethics Committee’s proceedings.

But after Democrats agitated for the removal of serial fraudster Rep. George Santos of New York ahead of a full Ethics process in 2023, the party could be vulnerable to political attacks if it doesn’t now police a credibly accused embezzler in its own midst.

“If they give us conclusions that this actually happened, and there’s no question of doubt as to the fact that laws were broken, then our colleague will have to face the consequences of that — it’s plain and simple,” said Rep. Stephen Lynch (D-Mass.) in an interview.

“You lose your credibility if you’re applying a different set of laws and a different standard to people of the other party,” he said. “I mean, how could we ever justify anything we do if we only apply that to Republicans, and we don’t follow the law?”

Rep. Becca Balint (D-Vt.) said her party has to be mindful of how voters perceive corruption in Washington.

“I think there’s pressure on all of us in elected office right now,” she said in an interview. “Neither party is trusted by the public that we’re going to fight corruption. … I know from talking with my own constituents that this is a real issue for both parties, not just Republicans.”

These warnings come as Democrats have repeatedly over the past several months declined to punish their own members as they faced allegations of wrongdoing. They restored Rep. Henry Cuellar of Texas to his post as the senior Democrat on the Homeland Security Appropriations subcommittee after he received a pardon by President Donald Trump; he had taken a leave of absence while being scrutinized for allegations of bribery.

Most looked the other way when retiring Rep. Chuy García of Illinois boxed out other potential successors and orchestrated his chief of staff’s ascension to succeed him. And they helped Del. Stacey Plaskett of the Virgin Islands dodge a Republican-led censure attempt following revelations she had texted convicted sex offender Jeffrey Epstein during an Oversight Committee hearing.

Now they’ll have to decide what to do about Cherfilus-McCormick.

A House Ethics subcommittee will meet Thursday afternoon to consider a motion for summary judgment — in effect, whether or not to declare her guilty. If it does, the full panel will schedule a hearing for a later date to determine what punishment to recommend, and the House will then vote to execute it.

Members of the subcommittee could suggest something as minor, though embarrassing, as a reprimand or censure. It could also call for her expulsion. House GOP leaders believe they will have the requisite two-thirds majority to expel Cherfilus-McCormick and plan to force such a vote, according to three people granted anonymity to speak candidly about top House Republicans’ plans. But leaders are waiting to see what the panel recommends at the conclusion of the trial.

In a statement Wednesday, Cherfilus-McCormick said she was “innocent” and a “fighter,” and she criticized the Ethics Committee for proceeding with the trial despite her request for a delay that would give “my legal team reasonable time to prepare.” The committee already delayed the trial once after Cherfilus-McCormick lost her representation.

“I urge the Committee to follow its own precedents and uphold fairness and not allow this process to be driven by politics or numbers,” she said.

Santos is the most recent member of Congress to be expelled for using campaign donations for personal expenses — an action his colleagues took after the Ethics Committee issued a report substantiating the claims against him but before it could hold a trial and recommend punishment.

“Some of my Republican colleagues thought it was premature. They thought that he should have gotten a trial before we expelled him,” said Rep. Nick LaLota (R-N.Y.), who pushed for Santos’ removal from office. “I always said that he admitted to the very thing we were accusing him of was enough process — enough due process — to throw him out.”

Cherfilus-McCormick, in contrast, is pleading not guilty — which LaLota suggested could give Democrats some political cover to give her the benefit of the doubt. He added, however, “The accusations are totally gross. Kind of looks like she did it.”

The last time the House Ethics Committee held a formal trial was in 2010 for the late-Rep. Charlie Rangel (D-N.Y.), who was ultimately censured for a vast range of violations, including tax evasion.

Ethics Committee Chair Michael Guest (R-Miss.) said his panel has been reviewing the Rangel proceedings as a guide for how to approach the Cherfilus-McCormick trial, saying the committee intends to “follow the map that has been laid out in the previous hearings.”

But the Rangel episode was also a deeply emotional and uncomfortable situation for many of the beloved veteran lawmaker’s peers, with Rep. Zoe Lofgren (D-Calif.), who was the chair of the Ethics Committee at that time, recalling in an interview that it was “a very depressing experience.”

Some House Democrats are now struggling with the uncomfortable task of having to potentially render career-ending judgment on a colleague.

“She’s a dear friend,” said Rep. Sydney Kamlager-Dove (D-Calif.). “I am waiting, I think, like everyone else, to see how all of this plays out in court. That’s something that we all have the benefit of getting. I think you are innocent until proven guilty.”

Meredith Lee Hill contributed to this report.

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Congress

Capitol agenda: DHS despair takes hold on Blue Light News

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The vibes are bad.

An overwhelming sense of frustration and despair is taking hold on Capitol Hill as lawmakers struggle to reach a deal on DHS funding before a two-week recess begins Friday.

The funding framework Republican senators sketched out with President Donald Trump Monday appears to be on life support and there’s no backup agreement. Democrats say Republicans suddenly gave up this week on negotiating new rules for immigration enforcement agents. Trump is showing little interest in driving a deal, blaming Democrats for backing out of agreements with Republicans.

“Because they don’t want to settle,” Trump said at Wednesday night’s NRCC dinner. “They want chaos.”

Bipartisan talks continued late Wednesday night, and Senate Majority Leader John Thune is leaving the door open to keeping senators in Washington into or through the recess. But Republicans privately expect to have attendance issues after several colleagues just skipped out on a rare weekend session to work through the SAVE America Act.

“I just want to go home,” said one GOP senator granted anonymity to vent.

What else we’re watching: 

— Sheila Cherfilus-McCormick hearing: Rep. Sheila Cherfilus-McCormick (D-Fla.) will appear before House Ethics Thursday for a rare public “trial” over financial fraud charges. House Democratic leaders are steering clear of condemnation as she faces a likely expulsion vote.

Cherfilus-McCormick faces accusations that she stole millions in FEMA funds and committed various campaign finance infractions. She has maintained her innocence, saying “the full facts will make clear I did nothing wrong.”

House GOP leaders believe they will have the requisite two-thirds majority to expel her and plan to force a vote. But leaders are waiting to see what the panel recommends at the conclusion of the trial.

— Judiciary takes up data center bill: The House Judiciary Committee will vote Thursday on a proposal aimed at easing the legal landscape for AI data centers.

Under Rep. Michael Baumgartner’s (R-Wash.) Protect American AI Act, data center permits would remain in place even when environmental reviews for the projects are challenged by litigation. It’s one of the first congressional proposals on data centers to receive a committee vote, and it comes as Trump pushes Congress to ease AI regulations.

Jordain Carney, Katherine Tully-McManus, Jennifer Scholtes, Hailey Fuchs, Riley Rogerson and Amelia Davidson contributed to this report.

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