The Archive

IN THIS EDITION

Inside the Democrats’ Pete Hegseth playbook

Jan. 6 committee members talk to W.H. about pardons

The Vault: Congress frets insurance gaps amid L.A. fires

Shaheen, new top Dem on Foreign Relations, to oppose ICC sanctions bill

THE TOP

Inside the Democrats’ Pete Hegseth playbook

Happy Tuesday morning.

The Senate Armed Services Committee is gearing up for a rare type of Cabinet confirmation hearing this morning — one that could actually matter. Democrats are looking to shatter the notion that Pete Hegseth’s confirmation as defense secretary is inevitable.

To accomplish this, the panel’s Democrats plan to rely primarily on the seven women on their side of the dais to advance their central argument against the 44-year-old Hegseth: that he’s unfit for this prestigious post.

For the past several weeks, the former Fox News host has faced withering criticism about his fitness and qualifications for office, as well as explosive allegations of sexual and financial misconduct. Some GOP senators privately wondered last month whether Hegseth’s nomination would even make it this far. Hegseth has denied all allegations against him.

Hegseth also has benefitted from a Senate GOP Conference that has expressed a high level of deference to President-elect Donald Trump regarding his Cabinet choices. Democrats, however, want to make it untenable for Hegseth to continue as the Pentagon nominee, or for Republicans to back him.

Senate Republicans and Trump aides believe Hegseth will get confirmed if nothing new is revealed about the nominee during or immediately after the hearing.

Democrats’ strategy: The Armed Services Committee’s Democrats, led by Sen. Jack Reed (D-R.I.), plan to drill down on the allegations against Hegseth, in addition to his previously expressed views on major policy debates within the Pentagon.

This includes Hegseth’s long-standing opposition to women serving in combat roles in the military, as well as his advocacy on behalf of U.S. soldiers accused of committing war crimes. These and other issues outlined in a Democratic-authored memo viewed by Punchbowl News will guide their questioning.

The Armed Services Committee roster includes Sen. Elizabeth Warren (D-Mass.), a sharp questioner; Sen. Tammy Duckworth (D-Ill.), who lost both of her legs in combat; and Sen. Mazie Hirono (D-Hawaii), who asks every judicial and executive nominee if they’ve been accused of sexual assault.

“I will ask him those questions and we will see what his answers are,” Hirono told us Monday night. “I’m focused on the things that are already out in public, such as him signing a [non-disclosure agreement] with the woman who alleges that he raped her.”

The intention may be to anger Hegseth and prompt a reaction that feeds further into the allegations about his personal conduct.

Democrats also tell us they want to spotlight the fact that Hegseth’s FBI file, which as we reported Monday, isn’t comprehensive.

The FBI didn’t interview the woman who filed a 2017 police report accusing Hegseth of sexual assault. Hegseth later reached a financial settlement in 2020 with the woman after she threatened to file a lawsuit. The accuser signed a non-disclosure agreement as part of that deal. Hegseth, whose lawyer said he was “visibly intoxicated” during the encounter, has denied any wrongdoing.

“There are very deeply personal allegations that I think the party should be afforded the privacy of being able to speak in confidence to the members of the committee,” Duckworth said of Hegseth’s accuser.

Sen. Jeanne Shaheen (D-N.H.), another committee member, said she wants to hear from whistleblowers who raised concerns that Hegseth was drinking alcohol excessively at previous jobs.

Latest GOP moves: Senate Republicans seem determined to advance Hegseth’s nomination as quickly as possible. GOP leaders have said they want to prioritize confirming Trump’s national security nominees, and they’ve called on Democrats to eschew slowdown tactics.

This obviously won’t happen with Hegseth, which might be why Republicans scheduled an Armed Services Committee vote on Hegseth’s nomination for Monday — Inauguration Day — as we scooped.

Among the GOP committee members, Sen. Joni Ernst (R-Iowa) will be the one to watch. Ernst is a combat veteran and a victim of sexual assault. Ernst’s political future and her standing in today’s Republican Party could be on the line.

After her first meeting with Hegseth, Ernst declined to back him. Following a torrent of criticism from Trump supporters, Ernst met with Hegseth a second time and inched closer to backing him.

For Hegseth, losing Ernst, while seen as unlikely, could prompt others to follow suit. Hegseth can still win Senate confirmation if he limits GOP defections to three or fewer.

Aiding Hegseth’s bid further is the fact that his focus on rooting out so-called “woke” initiatives at the Pentagon generally unites Republicans. GOP senators routinely argue that the Biden-era Pentagon has undermined the military’s readiness and effectiveness.

— Andrew Desiderio, Max Cohen and John Bresnahan

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THE FINAL DAYS

Jan. 6 committee members talk to W.H. about pardons

Breaking news: With President-elect Donald Trump set to take office in less than a week, members of the Jan. 6 Select Committee and White House are privately discussing whether to issue presidential pardons to lawmakers who served on the panel, according to lawmakers and sides.

In an interview, Rep. Bennie Thompson (D-Miss.), who chaired the Jan. 6 committee, said he spoke to the White House counsel’s office last month about the issue. Thompson noted that he hadn’t talked directly with President Joe Biden on the topic, but the veteran Mississippi Democrat said he’d accept a pardon if offered.

“I believe Donald Trump when he says he’s going to inflict retribution on this,” Thompson said on Monday night. “I believe when he says my name and Liz Cheney and the others. I believe him.” Thompson and former Rep. Liz Cheney (R-Wyo.), the panel’s vice chair, were recently awarded the Presidential Citizens Medal by Biden.

As recently as last week, Biden said he’s considering preemptive pardons for high-profile Trump critics. However, the communication between the White House and some committee members on this topic hasn’t been previously reported. Members who served on the panel haven’t asked Biden for a pardon, though we’re told others have lobbied the White House to grant them.

Thompson noted that members have some legal protection under the Speech or Debate Clause, a constitutional privilege that prevents lawmakers from executive-branch action over legitimate legislative activities.

Yet Thompson is concerned that Trump could use other means to strike back at Jan. 6 committee members beyond pressuring the Justice Department to prosecute them.

“A lot of people have said if this guy [Trump] said he’s going to do things, believe him,” Thompson said. “If the president offered a pardon based on the work of the committee, Bennie Thompson would accept it.”

Thompson added that he wanted to see the newly released report from former Special Counsel Jack Smith. Smith asserted that if Trump didn’t win the presidential election, he would’ve been convicted on federal criminal charges of trying to overturn the 2020 election results in order to stay in power.

November call. Thompson and some other Jan. 6 committee Democrats, as well as former GOP Rep. Adam Kinzinger (Ill.), held a private call in late November to discuss how to navigate a post-Trump victory. The topic of possible Trump retaliation — and whether they or others will need legal protection — came up during the call, according to multiple sources familiar with the discussion.

But the group is split over whether a pardon is necessary or if they even want one. Some members believe lawmakers are already sufficiently protected under the Speech or Debate Clause. Others worry the optics of accepting a pardon might suggest they’re admitting wrongdoing and would decline a pardon if offered.

Some sources close to the issue also don’t think a Biden pardon is going to happen at this point.

The White House declined to comment on the issue.

Thompson and Cheney, as chair and vice chair, are probably the most vulnerable to Trump’s wrath. Rep. Zoe Lofgren (D-Calif.), another committee member, is said to be concerned about Trump targeting her, according to sources familiar with the issue.

Those who have spoken to Cheney told us she’s fully expecting Trump to come after her. But a spokesman for the former congresswoman said in a statement: “There is nothing to be pardoned for.”

The GOP strategy. House Republicans used their majority over the last two years to try to absolve Trump of any Jan. 6-related wrongdoing. GOP lawmakers have made clear they plan to keep the issue alive in the 119th Congress as well with Trump returning to office.

Rep. Barry Loudermilk (R-Ga.), the chair of a House Administration subcommittee, led an investigation into the work of the Jan. 6 Select Committee and released a report on Dec. 17 recommending that Cheney be investigated by the FBI over her role on the panel. Republicans claim Cheney had improper communication with star Jan. 6 investigation witness Cassidy Hutchinson, a former Trump White House aide who delivered explosive testimony to the select committee.

Hutchinson’s lawyer responded to Loudermilk on Monday, calling the report a “politically motivated attempt to rewrite history using fabricated allegations,” according to a copy of the letter obtained by Punchbowl News. The letter laid out a detailed rebuttal of the allegations in the report, defended Hutchinson’s communications with Cheney and said Hutchinson stands by every word of her testimony.

— John Bresnahan, Melanie Zanona and Jake Sherman

The Vault: Congress frets insurance gaps amid L.A. fires

A spate of high-profile natural disasters is prompting fresh conversation among lawmakers about possible changes — and interventions — to insurance in the United States.

Products like homeowners and flood insurance have become increasingly costly in areas prone to disaster as well as one-time “climate havens” like Asheville, N.C. Some states, including California, Florida and Louisiana, have seen national insurance companies leave their markets in droves.

Members of Congress are finding that increasingly hard to ignore as fires destroy thousands of homes in Los Angeles.

Here’s a sample from GOP lawmakers on Monday night:

– “The frequency and severity is such that we need to sit back and think through this in terms of insurance pools,” Sen. Thom Tillis (R-N.C.) said.

– “The extent of it has come to the fore this year because of North Carolina, because of California. I think that’s going to make it an issue,” Sen. Cynthia Lummis (R-Wyo.) said.

– “The insurance industry is very unstable right now, and not just in Louisiana and Florida and California. It’s all across the country,” Sen. John Kennedy (R-La.) added.

Kennedy told reporters he was weighing the development of a “new and different” program aimed at stabilizing the insurance sector.

“Until the insurance market stabilizes, we need to put together a program that covers wind, hail, fire, flood,” Kennedy said.

Republicans aren’t leaping into action en masse. Many blame California’s state insurance regulations and price caps for the LA wildfires.

But an increasing number of GOP voices are gravitating toward reform of some kind, often along geographic lines.

Rep. Young Kim (R-Calif.), whose district has seen serious fires, said insurance coverage had become “a big issue. This may be a good opportunity, as we discuss budget reconciliation, to address this issue once and for all.”

The challenges are steep. Congress hasn’t done a full reauthorization of the National Flood Insurance Program since 2017, let alone a broader disaster program.

Senate Banking Committee Chair Tim Scott (R-S.C.) said in a statement that he was “ready to work with my colleagues to find solutions that aid those affected, and to consider what reforms to the insurance industry may be necessary.”

Three, two, one — tax fight: The House Ways and Means Committee is meeting this morning for the first time this Congress for a hearing on the Trump tax cuts.

Expect Republicans to push for the need to renew their 2017 GOP tax law and talk about what they want to do for small businesses and farmers, a common refrain from Ways and Means Chair Jason Smith (R-Mo.). That could include elements like new tax cuts for manufacturers and boosts for rural businesses.

“If we want to continue President Trump’s legacy of a strong economy, Congress must act swiftly to make the tax cuts permanent,” Smith will say, according to his prepared remarks.

Democrats will push back on the GOP’s tax plans. Ranking member Richard Neal (D-Mass.) said Democrats plan to focus on the distributional impacts of the GOP’s tax plans — arguing wealthier people would stand to benefit most.

— Brendan Pedersen and Laura Weiss

WASHINGTON X THE WORLD

Shaheen, new top Dem on Foreign Relations, to oppose ICC sanctions bill

News: The new top Democrat on the Senate Foreign Relations Committee will oppose House-passed legislation to punish the International Criminal Court, potentially complicating the bill’s prospects in the Senate.

In an interview, Sen. Jeanne Shaheen (D-N.H.) said she has “serious concerns” with the bill and suggested it would undermine foreign alliances. Shaheen said the “draconian” sanctions would target ICC employees who are “primarily citizens of our allies.”

“There is a better way to address the concerns about the ICC, which I share, but to do it in a way that doesn’t prevent us from being able to work on areas of mutual concern in the future,” Shaheen added, noting war crimes investigations in Ukraine and Sudan.

The House passed the bill last week with 45 Democrats in support. Senate Majority Leader John Thune is expected to tee up the measure as soon as this week.

Shaheen has established herself as a foreign-policy force on the Hill, and several Democratic senators will undoubtedly look to her when deciding whether to back the ICC sanctions bill. It’s unclear if enough Democrats would join Republicans to overcome a filibuster.

The ICC issue has long divided Democrats and inflamed partisan tensions on the Hill. The Foreign Relations Committee didn’t hold a business meeting during the last eight months of 2024 because the panel’s now-chair, Sen. Jim Risch (R-Idaho), refused to advance nominations or legislation until the ICC bill was considered.

Shaheen is the highest-ranking woman in that committee’s history. Shaheen, who turns 78 this month, is up for reelection in 2026 but told us she’s undecided on whether to seek a fourth Senate term. In order to have a chance at becoming the first woman to chair the storied committee, Shaheen would need to run.

— Andrew Desiderio

THE CAMPAIGN

News: Justice Democrats, the left-wing organization dedicated to challenging “corporate Democrats” in primaries, is officially launching its candidate recruitment efforts for the 2026 cycle.

Justice Dems suffered two bruising setbacks last year when former Reps. Cori Bush (D-Mo.) and Jamaal Bowman (D-N.Y.) lost primaries to Democrats backed by millions of dollars in super PAC spending. The group is taking a shot at House Democratic leadership in a new memo:

House Minority Leader Hakeem Jeffries’ office, which has sparred with Justice Dems in the past, challenged the group to go after the leader.

“If the so-called Justice Democrats are serious about this effort, they should start in New York’s 8th congressional district,” Jeffries spokesperson Justin Chermol told us in a statement.

— Max Cohen

MOMENTS

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