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PRESENTED BY
BY JOHN BRESNAHAN, ANNA PALMER, JAKE SHERMAN, AND HEATHER CAYGLE
WITH MAX COHEN AND CHRISTIAN HALL
THE TOP
Happy Friday morning from Ponte Vedra Beach, Fla.
One of the questions we consistently get asked by Silicon Valley, business groups and trade associations is this: What will happen to “Big Tech” if Republicans take the House majority in November?
Our answer is tech industry leaders should be prepared for an onslaught of investigations, probes and the potential for new legislation. Animosity toward Big Tech is a defining characteristic of the House Republican Conference, much like the aversion to big government spending was in the early 2010s.
House Republicans aren’t guaranteed to win the majority – they need to net five seats in November to get there. But they’re more likely than not to do so. And we’ve seen how Republicans handle oversight when they’re in charge. The GOP has, at times, lost control of hearings, allowing the oversight process to become scattershot. Yet the current House GOP leadership already is forcing its members to work together to craft a plan of attack, which signals a more organized process if they’re in the majority. We’ll see if this lasts.
To put it simply, if Republicans take the House majority, they’re prepared to take a battering ram to Big Tech. So we wanted to find out more about their plans.
We talked to two key players at the House Republican retreat about their plans for tech: House Minority Leader Kevin McCarthy and Rep. Cathy McMorris Rodgers of Washington State. McCarthy is in line to be speaker if Republicans win the majority. And CMR, as she is known internally, is likely to be the chair of the powerful Energy and Commerce Committee.
In short, McCarthy and CMR are already eyeing legislative proposals, as well as hauling CEOs in front of Congress. And the pair of senior Republicans have a list of who they consider to be the worst actors in the tech space. So they’ve already put a lot of thought into this question.
Here’s McCarthy on Big Tech during a fireside chat we had with him at the GOP retreat.
McCarthy: “It’s gonna level the playing field. … [You can] put a GoFundMe for anything but if [tech companies] think it’s conservative, then they think they can’t send the money. And then you have … a bank that says if you gave money to this, you no longer can bank with us. … [A] national bank. They went to a few of their customers and said, ‘If you gave to the truckers, we can’t [work with you] …’
“[We] also have to look at monopolies. If 90% of all your searches go through one search engine, is that a monopoly?”
Jake: “That would be Google?”
McCarthy: “Yeah. If you’re using a platform and you’re picking and choosing what someone can say on it, you shouldn’t have liability protection.”
Jake: “You’re referring, in this case, to Twitter and Facebook.”
McCarthy: “Yeah. Section 230. … [Y]ou have to look at these companies. How is their practice, especially with a smaller company coming up? You know, before Google, we had a lot of different search engines, but the competition now, how do they perform and how do they play? We want competition out there when somebody else could create a platform as well and have just as much right.”
Jake: “What do the tech people say to you?”
McCarthy: “Every time you bring one of the CEOs in and you talk to them on the phone … I would raise the concerns [and they would say that’s not happening]. ‘Well, it’s an algorithm. So it couldn’t do that.’ Who writes an algorithm? A human writes an algorithm. You could make an algorithm do anything you want to do. And you know, what would happen the night before they were to testify? They put the press release out that said they were sorry, yeah, that happened. … The individual should have a right of action. And so we’re looking at ways – that’s something that Cathy McMorris Rogers and Jim Jordan has been working on. I think that will be in the ‘Commitment to America.’ That’ll be one of the first things we do as well.”
McMorris Rodgers has thought through her plan of attack quite thoroughly.
→ | Her top-line thoughts on tech in a GOP majority |
“They’re going to be held accountable … they have become the the most wealthy, most powerful companies in the history of the world. And they have become a destructive force on too many fronts. They are limiting the battle of ideas. The censorship that is taking place now on these platforms, the lack of protection of free speech and First Amendment constitutional rights that we cherish as Americans, is one. The impact that they’re having on our kids. Too many stories of kids that are being negatively impacted. The cyber bullying, the access to illicit drugs, fentanyl that’s available. I hear from too many parents, the lack of respect to personal information, lack of privacy.
They are collecting warehouses full of information on each one of us, and they may be free, but in all reality, we are the product. And we need to know what is actually being collected, how it’s being used, how it’s being stored, or how it’s being shared.”
→ | CMR told us that she believes there should be less censorship on social media |
JAKE: “[Tech companies] would argue that there is some censorship that’s necessary. That there are people who are claiming wild ideas about things like COVID, about the election, and people don’t need to be hearing that because they’re complete nonsense.”
CMR: “The answer is more speech. … Following COVID-19, the very beginning, they have spent more than a year shutting down any information. Anyone that was talking about the possibility of COVID-19 being originated in a Wuhan lab in China, they shut that down. Now, it seems pretty likely that is what happened – that there was some kind of a lab leak. But yet [tech companies] made a decision. Why did they make that decision? Why did they decide? They’re not the arbiters of truth. And yet they are acting as if they are now. And it would have been helpful to have more voices out there. You know, the battle of ideas. We gain information by listening to one another and not just taking one person’s opinion as being the truth.”
→ | Tech’s most egregious actors – according to CMR. |
“Well, there’s egregious actors on multiple fronts. Certainly Twitter, Facebook, but when it comes to the app stores, it’s important that conservatives have access to app stores. And that’s Apple and Google. And then you have the importance of having access to free market ideas, allowed on web services and in the cloud. And the fact that Parler was shut down in 18 hours. It didn’t even allow you to get launched in the web services. That’s a problem when they are blocking that kind of content and it seems to be out of a political position or ideology that they hold on.”
→ | CMR said she will absolutely call on the chief executives of big tech companies to testify before her panel. |
→ | The Washington State Republican also said she is working on reforms to Section 230 that would create “new rules” for companies with more than $3 billion in annual revenue and 300 million monthly users. |
As you can tell, this will become a central issue for the GOP.
Listen to our entire conversation with CMR on The Daily Punch this morning.
Also: McCarthy told us last night he may create a special committee focused on China if Republicans take the majority.
→ | The California Republican also said he thinks his party will have a greater than five-seat majority in the House in 2023. |
→ | McCarthy declared the first thing he will do if Republicans take the majority is get rid of proxy voting and remove the magnetometers from around the House chamber. And the GOP’s first pieces of legislation will include an energy independence package, a “Parents’ Bill of Rights,” a bill to secure the border and one to target the proliferation of fentanyl in the U.S. |
→ | McCarthy also said he intends to launch investigations into the origins of Covid-19 and the bungled withdrawal of U.S. troops from Afghanistan. |
→ | Like many Republicans before him, McCarthy also said he would like Congress to begin projecting the federal budget over a 20-year window instead of the 10 years it currently uses. |
→ | The House Republican leader said that he may change the Jan. 6 committee’s focus to zoom in on why the Capitol was unprepared for the attack. McCarthy also said he would like to understand what Speaker Nancy Pelosi said to the sergeant at arms on Jan. 6. |
→ | McCarthy told us that he would like to send the House Intelligence and Armed Services committees to MIT for a course on artificial intelligence and quantum computing. |
Join us on the road: In two weeks, we’re hosting our first event in the states! Join us for our conversation with Sen. Gary Peters (D-Mich.) about the challenges facing small businesses on Friday, April 8 at 9 a.m. ET in-person in Detroit or virtually on the livestream. RSVP today!
PRESENTED BY AMERICAN EDGE PROJECT
“Every day, I work with small businesses in my community, helping them grow and create jobs.
American technology empowers Main Street businesses to innovate and reach their customers through social media and online advertising.” – Clayton, Corinth, MS
THE HOUSE REPUBLICAN MINORITY
After guilty verdict, House GOP faces questions on Fortenberry
Longtime GOP Rep. Jeff Fortenberry’s (Neb.) conviction Thursday of lying to the FBI during a campaign finance probe will force House Republican leaders into some tough choices in the coming days.
The issue for the House Republican leadership – namely Minority Leader Kevin McCarthy – is whether Fortenberry, an 18-year veteran of Congress, should resign after being convicted on three felony counts: two counts of lying to federal agents and one count of concealing illegal campaign contributions. And if Fortenberry doesn’t leave on his own, will Republicans move to expel him? Two-thirds of the House must vote in favor of expulsion to remove a member.
In the recent past, Republican leaders have held off on expulsion as long as a convicted member makes clear they’re leaving on their own. For instance, former Rep. Duncan Hunter (R-Calif.) resigned from office in Jan. 2020, roughly a month after his conviction on conspiring to misuse campaign funds. Former Rep. Chris Collins (R-N.Y.) was already out of office when he was convicted of insider trading. Former President Donald Trump pardoned both men before he left office.
Fortenberry, who was first elected in 2004, said he will appeal the verdict, which was delivered in a Los Angeles courtroom on Thursday.
Fortenbery is “advised” that he shouldn’t vote in committee or on the floor since he’s been convicted of a felony. Although it’s not mandatory to do so, “Members are explicitly instructed to follow both “the spirit and the letter” of the House Rules,11 and Members are expected to abide by the abstention rule,” according to the Congressional Research Service. Fortenberry has already stepped down from his post on the Appropriations Committee.
More from CRS:
“Although the office of a Member of Congress is not automatically forfeited upon conviction of a felony, a sitting Member of the House of Representatives convicted of an offense that may result in two or more years imprisonment should, under House Rules XXIII (10), ‘refrain from participation in the business of each committee of which he is a member, and a Member should refrain from voting’ on any question on the floor of the House until his or her presumption of innocence is restored, or until the individual is reelected to Congress.”
👀 Money watch: Sen. Joe Manchin (D-W.Va.) cut a $100,000 check to the DSCC this week as his party strives to maintain its fragile hold on the Senate majority in November, sources tell us. A Manchin spokesperson confirmed he gave the contribution but with the provision that the money not be used against any sitting senator – Republican or Democrat. Manchin has made similar stipulations in the past.
Manchin endorsed Sen. Lisa Murkowski (R-Alaska) as she seeks another term, and she backed him. Manchin – the bane of all progressives – isn’t up until 2024. Murkowski is facing a GOP primary challenger this year backed by former President Donald Trump.
Manchin’s contribution to the party campaign arm comes amid reports that he’s once again interested in reviving some portions of Democrats’ ambitious Build Back Better bill, although on a much smaller scale and on his terms. Manchin – who blew up the BBB negotiations in mid-December – has been signaling his interest in resuscitating some aspects of the reconciliation package for weeks, paid for in part by tax reform, as our friends Burgess Everett and Nicholas Wu reported earlier this month.
Those conversations have picked up steam recently with draft text being circulated among senators’ offices. Manchin hopes to reach a deal by May, E & E News reported this week. Manchin reiterated at a private dinner his longstanding view that he wants a package focused on climate change, lowering prescription drug costs and reducing the deficit, Hans Nichols reported for Axios.
But many on the Hill are still skeptical anything will come together. Biden administration officials are also wary. Democrats have extremely narrow margins in both chambers. The calendar (this is especially true during an election year) is not on their side. Manchin’s relationship with the White House and many in his own party is strained, at best. And it’s hard to envision a deal that can both meet Manchin’s demands and satisfy liberal Democrats who pushed hard for generational changes to the country’s social safety net.
For example: “It’s this idea of if you coddle someone’s ego, that they’re going to… say yes. And if it hasn’t worked in two years why are we going to continue doing that when there’s an election this November?” Rep. Alexandria Ocasio-Cortez (D-N.Y.) said at a town hall in her district last night.
PRESENTED BY AMERICAN EDGE PROJECT
Congress needs to protect, not weaken American technology
“Some politicians in Washington are pushing new laws that will weaken American technology, threaten jobs in our community, and make our economy more dependent on China.
“This misguided agenda will leave small businesses behind.” See Clayton’s story.
FRONTS
MOMENTS
All times eastern
6:55 a.m.: President Joe Biden will leave Brussels for Rzeszów, Poland.
9:15 a.m.: Biden will arrive in Rzeszów, where he will be greeted by Polish President Andrzej Duda.
9:55 a.m.: Biden will get a briefing on “the humanitarian response to ease the suffering of civilians inside Ukraine and to respond to the growing flow of refugees fleeing Putin’s war of choice.”
10 a.m.: House Minority Leader Kevin McCarthy will brief the press in Ponte Vedra Beach, Fla.
10:50 a.m.: Biden will meet with members of the 82nd Airborne stationed in Poland.
12:45 p.m.: Biden will leave Rzeszów for Warsaw.
1:40 p.m.: Biden will arrive in Warsaw.
PRESENTED BY AMERICAN EDGE PROJECT
“Congress needs to protect, not weaken American technology.” See why.
CLIP FILE
NYT
→ | News Analysis: “The Respectful Supreme Court Hearing That Wasn’t,” by Carl Hulse |
→ | “Why the U.S. Was Wrong About Ukraine and the Afghan War,” by Julian Barnes |
→ | “U.S. Accuses 4 Russians of Hacking Infrastructure, Including Nuclear Plant,” by Katie Benner and Kate Conger |
→ | “U.S. House Candidate Ends Run After Uproar Over Behavior at Sleepover,” by Johnny Diaz |
WaPo
→ | “Biden, E.U. announce plan to reduce Europe’s reliance on Russian fossil fuels,” by Tyler Pager, Ashley Parker, Jennifer Hassan, Amy Cheng, Julian Mark, Miriam Berger and Adela Suliman |
WSJ
→ | “U.K. Says Russian Mercenary Group Aims to Assassinate Ukraine’s President,” by Max Colchester in London |
→ | “Biden Sticks With Longstanding U.S. Policy on Use of Nuclear Weapons Amid Pressure From Allies,” by Michael Gordon |
AP
→ | “Moscow accused of forcibly removing civilians to Russia,” by Nebi Qena and Cara Anna |
PRESENTED BY AMERICAN EDGE PROJECT
This misguided agenda will leave small businesses behind
Small businesses in this country rely on America’s tech companies to access customers and provide services. Congress should avoid legislation that empowers foreign competitors at the expense of domestic industry, Main Street businesses across the country are depending on them. See why.
Editorial photos provided by Getty Images
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