Johnson's FISA flop

IN THIS EDITION

The FISA flop, plus Republicans can’t stop fighting each other

Cherfilus-McCormick puts CBC in a bind

Which House incumbents got outraised?

Vault: Warren thinks SEC chair misled Congress

Garcia demands details on Bondi’s deposition

THE TOP

The FISA flop, plus Republicans can’t stop fighting each other

Happy Friday morning.

Breaking overnight: An audacious play by Speaker Mike Johnson to pass a five-year extension of Section 702 of FISA failed spectacularly just before 1:30 a.m., leaving House GOP leaders firmly stuck over how to address concerns from rank-and-file Republicans on the surveillance program.

House Republicans saved face — kind of — with a unanimous consent passage of a two-week extension of FISA authorities. But that wasn’t before the Johnson-authored compromise was rejected by a dozen Republicans.

In a nod to far-right hardliners, GOP leaders posted a compromise FISA amendment just before 11 p.m. that would’ve strengthened criminal penalties for misuse of the program; included some warrant language that Democrats say merely codifies existing law; and enhanced congressional access to the FISA courts.

Rep. Clay Higgins (R-La.), a Freedom Caucus member who led the charge for the warrant changes, called it a “solid bill” and urged lawmakers to “support the bill we have hammered out.”

Higgins’ plea was for naught. A group of Republicans rebelled on the floor and soundly rejected Johnson’s compromise, joining with Democrats to vote it down by a 200-220 margin.

An eclectic mix of Republicans rejected Johnson’s proposal: Reps. Brian Fitzpatrick (Pa.), Andy Harris (Md.), Darin LaHood (Ill.), Thomas Massie (Ky.), Mariannette Miller-Meeks (Iowa), Zach Nunn (Iowa), Andy Ogles (Tenn.), Scott Perry (Pa.), John Rose (Tenn.), Keith Self (Texas), Mike Turner (Ohio) and Jeff Van Drew (N.J.).

Rebellious Republicans then joined with Democrats again to vote down a rule to consider the clean, 18-month FISA extension originally sought by President Donald Trump and GOP leaders. Twenty Republicans voted no on a rule — a remarkable rejection.

Led by Rep. Jim McGovern (Mass.), top Democrat on the Rules Committee, Democrats blasted Johnson and Republican leaders for the proposed five-year FISA extension. After hours of private GOP-only meetings trying to broker a deal, Republican leaders had suddenly announced they were ready to vote. But some of the proposed FISA changes were hand-written into the bill text: “Does anybody actually know what the hell is in this thing?” McGovern complained.

“This is too damn important to do it this way,” McGovern added. “Your own members don’t know what the hell you’re doing … This process is embarrassing. This majority is incompetent.”

So after all of that, Johnson and the White House will have to spend the next two weeks trying to figure out just what the Trump administration can accept that could also pass the House. The basic fact is that the majority of the House is for warrant requirements. So Johnson is going to have to figure out either how to work with Republicans to get something passed or work with Democrats, who have their own reform language.

The larger point. Republicans just can’t stop fighting with Republicans.

On every issue in front of Congress, the GOP seems to be locked in a circular firing squad. And it’s not only within the House Republican Conference. It’s the House and Senate as well.

House and Senate Republicans aren’t just on different wavelengths, they’re living in entirely different universes. This all comes while Trump’s poll numbers are sinking, GOP moderates are warring with MAGA, and Republican control of both chambers — especially the House — is in danger of being swept away in November.

The list of problems is continuing to grow: the DHS shutdown, budget reconciliation for ICE and Border Patrol funding, a housing bill, FISA, the SAVE America Act, the filibuster, appropriations and more.

Senate Majority Leader John Thune and Johnson met for their weekly in-person sitdown on Wednesday. When asked if they’re on the same page on the more pressing issues facing them, Thune responded: “Yeah, as much as we can be.”

“We both have fairly narrow majorities — his even more narrow,” Thune added. “So we’re just trying to figure out pathways to get stuff done. Nothing about it is easy.”

But the cascading set of disputes between the two chambers is threatening to worsen what’s already a tough midterm outlook for Republicans. The Iran war is unpopular, gas prices are rising and vulnerable GOP lawmakers need help.

Republican leaders desperately want to be talking about what they see as the benefits of the One Big Beautiful Bill, especially around Tax Day. Instead, they’re forced to deal with head-spinning tensions with the other chamber. Plus, Trump — who controls everything within the GOP — is nowhere to be found or venting about other issues that don’t help vulnerable lawmakers at all.

When asked about Trump’s latest musings, Thune said “there are a lot of distractions around here” and “the more strategic play” is to tout the tax cuts, adding that Trump can be a “compelling messenger” on those issues. Trump was in Las Vegas on Thursday for an event focused on “no tax on tips.”

Surveillance games. At the moment, the most contentious concerns revolve around FISA, the DHS shutdown and the GOP’s effort to fund ICE and Border Patrol via reconciliation.

Thune and Johnson discussed this during their Wednesday meeting — namely, Thune’s White House-backed bid to prevent the reconciliation bill from expanding beyond ICE and Border Patrol funding.

The entire process has been a complete mess for Republicans, despite a full-court press from the Trump administration. Senators feel like they’ve been boxed out entirely.

Thune has been left in the lurch multiple times by Johnson in recent weeks when it comes to the Senate-passed DHS funding bill, which doesn’t have ICE and CBP money.

House Republicans rebelled after Johnson caved to Thune and vowed to pass the Senate bill — after Johnson initially rejected it outright. Johnson then reneged on that agreement with Thune to preserve his own standing within the House Republican Conference, thereby prolonging the DHS shutdown and letting Democrats off the hook.

Meanwhile, House Republicans’ passage of the SAVE America Act — voter ID and proof-of-citizenship legislation that doesn’t have the requisite votes to pass the Senate — remains a problem for Thune. House conservatives and MAGA influencers are accusing Thune of intentionally stifling the legislation, as has Sen. Mike Lee (R-Utah.)

Leadership dynamics. A source familiar with the Thune-Johnson relationship said their weekly meetings are opportunities to “sync up” and that “both understand and respect that they’re managing two very different conferences.”

Thune has kept his cool in public, but there are obvious signs of frustration. Thune frequently asserts that his approach on these issues is a reflection of “reality” and that the detractors should “show me” a better way to handle a given issue when Senate Democrats block everything.

“[House GOP leaders] understand what our limitations are. And they have people who want to go bigger [on reconciliation] just like we do,” Thune told us. “But I think this is where we’re kind of governed by what’s realistic.”

Fly Out Day. Check out Fly Out Day with Sen. Mark Warner (D-Va.).

— Anthony Adragna, Andrew Desiderio, Jake Sherman and John Bresnahan

HOUSE DEMOCRATS

Cherfilus-McCormick puts CBC in a bind

For decades, the Congressional Black Caucus has fiercely defended its members even during high-profile ethics cases.

This time may be different.

Florida Democratic Rep. Sheila Cherfilus-McCormick is under federal criminal indictment for allegedly stealing millions of dollars from FEMA and funneling some of that money into her 2021 congressional campaign. A special subcommittee of the House Ethics Committee found the Florida Democrat guilty of 26 ethics violations. The full Ethics Committee will meet on April 21 to consider what punishment to mete out.

Expulsion is a real possibility, although two-thirds of the House would have to vote her out. An expulsion resolution would place the notoriously loyal CBC in a difficult position.

House Minority Leader Hakeem Jeffries is staying tight-lipped, insisting he’s waiting until the Ethics Committee hands down its recommendation Tuesday.

When we asked Jeffries if the 20-plus guilty counts concerned him, Jeffries replied, “Of course.”

Jeffries and Cherfilus-McCormick were spotted chatting on the House floor Thursday. Cherfilus-McCormick has maintained her innocence, both in her criminal and ethics cases.

In interviews with a dozen CBC members, few defended Cherfilus-McCormick. Several claimed to be unfamiliar with the facts of her case. Most of the conversations centered around procedural complaints about the Ethics Committee’s probe.

CBC Chair Yvette Clarke (D-N.Y.) acknowledged the allegations against Cherfilus-McCormick were serious. But she questioned whether the Ethics panel should be involved at all.

“Given the sensitivity of this case, and the fact that it has to play out in a criminal court, I don’t think colleagues should be in the position of upsetting that in any way, shape or form,” Clarke said. “It has to be a situation where justice is blind and the courts ultimately determine her fate.”

Cherfilus-McCormick’s lawyer pleaded with the Ethics Committee to wait before ruling on the congresswoman’s case. The federal trial is not set to begin until February 2027.

“What if she goes before a regular jury and they find her innocent?” Rep. Gregory Meeks (D-N.Y.) said. Meeks, a nearly three-decade veteran of Congress, indicated he would be highly unlikely to back any expulsion resolution before a judicial trial.

One source close to the issue said “there’s a deep sadness inside the caucus” over the case. Some CBC members have spoken privately to Cherfilus-McCormick about resigning before she’s expelled. But, the source added, most CBC members would probably vote to oust her if Jeffries does.

The background. CBC lawmakers have long complained that their members have been unfairly targeted by Ethics Committee investigations.

But the CBC is now in an incredibly difficult political moment. The dynamics in the caucus have changed dramatically in recent years as younger members join its ranks. Those generational divides spawn diverse viewpoints on key issues that used to easily unite the caucus.

The CBC is laser focused on Democrats’ efforts to win back the House, a feat that would very likely result in Jeffries becoming the first Black speaker in U.S. history.

And Democrats, at Jeffries’ urging, have made fighting corruption a centerpiece of their midterm messaging. Now a member of his caucus is embroiled in a serious ethical scandal.

It could be hard to see Jeffries rejecting a recommendation from the Ethics Committee to expel a member. And there’s a well-respected member of the CBC on the Ethics Committee: Rep. Glenn Ivey (D-Md.), who has an extensive legal career.

Several members said they had yet to review the Ethics findings on the Cherfilus-McCormick case.

“I’m going to read the report,” Rep. Emanuel Cleaver (D-Mo.) said. “I’m OK with what the committee says as long as they went through the process where she had a chance to talk and bring in witnesses and documents.”

Cherfilus-McCormick repeatedly refused to comment on the upcoming Ethics sanction when we asked this week.

“I’m not doing interviews,” Cherfilus-McCormick said.

– Ally Mutnick, Max Cohen and John Bresnahan

CASH DASH

Which House incumbents got outraised?

It was a great fundraising quarter for Reps. Mariannette Miller-Meeks (R-Iowa), Derrick Van Orden (R-Wis.), Zach Nunn (R-Iowa), Rob Bresnahan (R-Pa.), Jen Kiggans (R-Va.), Juan Ciscomani (R-Ariz.) and Scott Perry (R-Pa.).

All raised more than $1 million in the first three months of the year ahead of tough reelection fights in the fall.

But consider this: even with all the built-in advantages of incumbency, all these Republicans were outraised by the Democratic challenger.

Rebecca Cooke, who is challenging Van Orden, and Janelle Stelson, who is challenging Perry, had more cash-on-hand than their GOP opponents at the end of March. That’s a danger sign for any incumbent.

In all, roughly 20 House Republicans were outraised by a Democratic challenger but only a half dozen or so House Democrats were outraised by a Republican, per a Punchbowl News analysis of campaign-finance filings.

Not all of these races are competitive. But the cash influx is a sign that Democrats have the small-dollar donor enthusiasm on their side.

House Republicans outraised by a Democrat: Miller-Meeks, Nunn, Bresnahan, Van Orden, Ciscomani, Kiggans, Perry and Reps. Paul Gosar (Ariz.); Lauren Boebert (Colo.); Jeff Crank (Colo.); Cory Mills (Fla.); Anna Paulina Luna (Fla.); Rich McCormick (Ga.); Victoria Spartz (Ind.); Derek Schmidt (Kan.); Bill Huizenga (Mich.); Brad Finstad (Minn.); Chuck Edwards (N.C.); Andy Ogles (Tenn.); John McGuire (Va.); and Ben Cline (Va.).

House Democrats outraised by a Republican: Reps. Shomari Figures (Ala.); Lois Frankel (Fla.); Jared Moskowitz (Fla.); Debbie Wasserman Schultz (Fla.); Dina Titus (Nev.); Emanuel Cleaver (Mo.); Henry Cuellar (Texas) and Vicente Gonzalez (Texas).

But nearly all of those Republican challengers were heavily self-funding.

– Ally Mutnick

OVERSIGHT WATCH

Garcia demands details on Bondi’s deposition

News: Rep. Robert Garcia (D-Calif.), the top Democrat on the House Oversight Committee, is demanding details from Oversight Republicans on how they’re working to reschedule former Attorney General Pam Bondi’s deposition on the Epstein files.

Oversight Committee Chair James Comer (R-Ky.) has said he’s working in good faith with Bondi’s lawyers to reschedule the deposition following her firing by President Donald Trump. But Garcia wrote to Comer that he’s “deeply concerned that Oversight Republicans are unwilling to take the actions needed to secure Ms. Bondi’s required testimony.”

Garcia wants Comer to provide the precise steps the Kentucky Republican has taken to organize Bondi’s deposition and any statements that Bondi has given to Comer on this front.

Garcia is threatening a move to hold Bondi in contempt of Congress if she tries to evade testifying.

— Max Cohen

AND THERE’S MORE

Special election. Democrat Analilia Mejia cruised to victory in the New Jersey special election Thursday night to succeed now-Gov. Mikie Sherrill in Congress. Mejia beat Republican Joe Hathaway by 20 points.

War Powers. The Congressional Progressive Caucus discussed the possibility of forcing repeated House votes on Iran war powers resolutions at their weekly lunch Thursday, according to multiple sources familiar with the conversations. That would put House Republicans in the position of repeatedly endorsing President Donald Trump’s Middle East operations.

Rep. Gregory Meeks (N.Y.), the top Democrat on the House Foreign Affairs Committee, led the two Iran war powers resolutions that the House has voted on so far, including the one narrowly defeated Thursday. Senate Democrats have forced four resolutions to the floor and plan to trigger weekly votes, a strategy that’s caught the eye of CPC members.

Virginia watch. House Minority Whip Katherine Clark is heading to Virginia for get-out-the-vote redistricting events with Rep. Suhas Subramanyam (D-Va.) during the last weekend before Election Day.

In California. EMILYs List is circulating a memo arguing former Rep. Katie Porter (D-Calif.) is best positioned to win the race amid Eric Swalwell’s exit.

— Briana Reilly, Ally Mutnick, Laura Weiss and Max Cohen