The Archive

IN THIS EDITION

How Senate GOP leadership hopefuls are courting conservatives

Turner blindsided by Johnson’s Intel appointments

The Vault: Congress isn’t getting less skeptical about FDIC replacement

News: House Dems trying to take SCOTUS action

THE TOP

How Senate GOP leadership hopefuls are courting conservatives

Happy Thursday morning.

The Senate GOP leadership elections are still several months away. But the Republicans vying for top spots are quietly taking steps to woo the conference’s right flank, a critical voting bloc for the secret ballot races.

So far, just two of the races for the 118th Congress are contested — the Senate GOP leader slot, as well as the Republican conference chair, the No. 3 position in the leadership. Sen. John Barrasso (R-Wyo.) is running unopposed for GOP whip.

And while it’s still early, each candidate is maneuvering in unique ways to win over the small but growing faction of conservatives crowing for dramatic changes to the way the conference operates.

“At this point, everybody wants to be friends with everybody — and that’s great,” said Sen. Josh Hawley (R-Mo.), who is part of the conservative faction. “But there’s a long, long time here. It’s awfully early to be making any decisions… My mind is far from made up.”

For Senate Minority Whip John Thune and Sen. John Cornyn (R-Texas), the goal is to satisfy conservatives with promises of a break from Minority Leader Mitch McConnell’s way of doing business — but without alienating the conference’s so-called “governing coalition.”

Sen. Rick Scott (R-Fla.), who only recently jumped into the race against Thune and Cornyn, is campaigning on a major overhaul of the conference and its rules. Scott was the face of the anti-McConnell group when he challenged the longtime GOP leader in 2022, but he lost resoundingly.

So far, the race for conference chair is between Sens. Joni Ernst (R-Iowa) and Tom Cotton (R-Ark.). As recently as Wednesday, Cotton introduced a proposal to bar birthright citizenship for the children of undocumented immigrants. Ernst signed onto Sen. Mike Lee’s (R-Utah) pledge to oppose Democratic-led floor efforts in the wake of former President Donald Trump’s conviction in the New York City hush-money trial.

Here’s what else the candidates in the contested races have done recently that could be seen as feelers to the right:

→	Thune joined a Scott-led condemnation of Democrats’ “show” votes on the floor this week. More on that below.

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Cornyn previously has called for term limits for the Republican leader post, which McConnell opposes. And just this week, Cornyn spoke up during a closed-door GOP lunch in a way that some conservatives saw as a desire to buttress their contrarian strategy to counteract Democrats’ abortion-related floor votes.

→	Ernst led the GOP alternative to the contraception bill Democrats forced a vote on Wednesday.

Keeping the powder dry: While Scott is a strong “anti-establishment” candidate, he hasn’t picked up any endorsements. Few Republicans see a benefit to publicly locking themselves in with a candidate five months in advance — save for Sens. Mike Rounds (R-S.D.) and Markwayne Mullin (R-Okla.) who support Thune. Most GOP senators believe there will be more than three candidates to choose from.

“I’ve been watching every one of their votes for almost three years now, listening to everything they say,” said Sen. Roger Marshall (R-Kan.), a frequent Scott booster. “All three are capable of doing the job.”

Republican senators we spoke with don’t see Scott’s ceiling as being much higher than the 10 votes he got last time. But the conservative faction could sway the outcome, especially if their preferred candidate — Scott or somebody else — is forced to drop off after the first ballot. That could mean extracting concessions from the eventual winner in exchange for their support.

So these early moves by Thune and Cornyn could help. Scott told us he welcomed their appeals to the right.

“Look, it’s an election. Everybody ought to be talking about what they’re going to do,” Scott said, arguing he has the best conservative bona fides. “I’ve been very clear, I think we have to have a term limit. I think we ought to make sure we get amendment votes.”

Scott’s play: Scott has largely conducted his leadership run in the public sphere, while Thune and Cornyn are focusing on individual meetings with colleagues and doing most of their maneuvering behind the scenes. Both are also emphasizing their fundraising prowess.

But Scott’s strategy comes with some advantages, too. This week, the Florida Republican got a majority of the conference to sign onto a statement condemning Democrats’ decision to put a contraception bill up for a vote. The signatories ran the ideological gamut inside the GOP.

This is a key pillar of Scott’s candidacy — the idea that the leader’s decision-making should be guided by the majority of the conference, not a select few. This has been a long-running criticism of McConnell, who has often been forced to rely on a handful of GOP votes to push through must-pass measures, like funding the government.

Of course, the current crop of Republican senators isn’t all that accustomed to even having a real leadership race. McConnell has led the conference unchallenged for the better part of two decades.

So the Kentucky Republican’s decision to step aside as leader — and announce it months in advance — has led to an unusual succession battle.

— Andrew Desiderio and Max Cohen

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THE SPEAKER

Turner blindsided by Johnson’s Intel appointments

News: Speaker Mike Johnson didn’t tell House Intelligence Committee Chair Mike Turner (R-Ohio) that he was appointing two controversial House Republicans to the secretive panel, just one of the dynamics that is causing angst across the Capitol.

Turner learned that Johnson was tapping Reps. Ronny Jackson (R-Texas) and Scott Perry (R-Pa.) from press reports, according to multiple sources familiar with the events.

Johnson’s decision to appoint the two hardline Republicans to the committee is reverberating throughout the Hill. Several members of the committee — Republicans and Democrats — say they worry about the integrity of the panel in the wake of Johnson’s appointment of the pair.

After years of intense partisan clashes during the Donald Trump era, members of the Intelligence Committee have tried to rebuild the reputation of the panel. In their view, Johnson’s selection of Jackson and Perry betrays a lack of understanding about or respect for their work. And the indignity of allowing Turner to find out about the speaker’s final decision from social media was salt in the wound.

Perry, of course, was one of the key figures in Trump’s efforts to overturn the 2020 election. The FBI, which Perry will help oversee now, confiscated the Pennsylvania Republican’s phone as part of the probe into the Jan. 6 insurrection. That case is still being fought out in court.

Perry issued a blistering statement following his appointment, a move that raised the ire of several committee members. Perry said, in part: “I look forward to providing not only a fresh perspective, but conducting actual oversight – not blind obedience to some facets of our Intel Community.”

Several House Republicans and Democrats scoffed at the quote, saying it betrays a complete lack of understanding of the gravity of the issues Perry will be facing.

Jackson, of course, has his own colorful history. Trump nominated Jackson to be Veterans Affairs secretary. Jackson withdrew after a slew of stories accusing him of drinking on the job and inappropriately treating employees came out. Jackson denied all allegations, but a scathing Pentagon inspector general report resurfaced many of the accusations.

“I look forward to bringing my experience in the military, and as a doctor, to the committee so that I can be an asset for this incredible team led by Chairman Mike Turner,” Jackson said in a statement.

Johnson told fellow Republican lawmakers and aides that he made the appointments at the behest of Trump, who wanted Jackson and Perry on the panel.

Johnson, though, had plenty of other options to choose from here.

Reps. Tony Gonzales (R-Texas), Stephanie Bice (R-Okla.) and Laurel Lee (R-Fla.) were among the dozens of Republicans who either expressed interest or were considered by the leadership for the job.

Gonzales made a play for the committee under former Speaker Kevin McCarthy and remains interested in serving on the panel, according to sources in the leadership. Gonzales was a Navy cryptologist and came to Congress to work on cyber issues.

Bice is a well-respected, well-liked member of the leadership. Lee is a former judge and member of the House Judiciary Committee. The Judiciary Committee is typically represented on Intel. Not a single Republican on the committee also serves on Judiciary.

Unlike other committees, the decision here was Johnson’s — and Johnson’s alone. Perry and Jackson’s appointment doesn’t need to be ratified by the House Republican Steering Committee or the House Republican Conference.

The Intelligence Committee was the scene of hyper-partisan struggles during Trump’s presidency. Former GOP Chair Devin Nunes (Calif.) used the panel to fight accusations that Trump covertly sought Russian help during the 2016 election. Nunes — now chief executive of Trump’s social media company, Truth Social — was eventually awarded the Medal of Freedom by Trump.

Then Democrats used the Intelligence Committee — chaired by Rep. Adam Schiff (D-Calif.) at that point — to help oversee the 2019 impeachment inquiry on Trump. The panel even went as far as obtaining Nunes’ phone records, which infuriated Republicans.

After Republicans took over the House in 2022, McCarthy barred Schiff and Rep. Eric Swalwell (D-Calif.) from serving on the panel.

Turner and the top Intel Democrat, Rep. Jim Himes (Conn.), have worked to restore the bipartisan comity within the panel as the United States faces new threats worldwide. Now comes Perry and Jackson’s appointments, which could undo that effort.

— Jake Sherman

The Vault: Congress isn’t getting less skeptical about FDIC replacement

In theory, Federal Deposit Insurance Corp. Chair Martin Gruenberg is on his way out of the agency. All we need is a successor, courtesy of the White House and Senate confirmation process.

This was never going to be easy. But this week, lawmakers are sounding doubtful that the Senate will confirm a successor this year.

“I don’t expect that we’ll actually get a replacement,” Sen. Mike Rounds (R-S.D.) said in an interview. “I think they knew from day one that this would be difficult to get done before his term expires — before we have a change in administration in January,” Rounds added, referring to a potential change in White House control next year.

The FDIC has been navigating a political crisis since April when an independent investigation corroborated reports of widespread sexual harassment and Gruenberg’s tendency to berate staff. Days after Gruenberg testified before Congress, the longtime regulator announced he’d resign from his post once the Senate confirms a successor.

Republicans have complained about Gruenberg’s exit strategy ever since. If he stepped down straight away, day-to-day control of the FDIC would fall to GOP appointee Travis Hill, the agency’s vice chair. The FDIC board would also be split 2-2 on partisan lines, halting the Democratic banking agenda.

That’s obviously something Democrats would like to avoid.

“You don’t have to be Mensa material to see what’s going on,” Sen. John Kennedy (R-La.) said. “The chairman made a big deal about saying he was going to resign, and that was reported. But the fine print is kind of important.”

On the House side, Rep. Bill Huizenga (R-Mich.) — who chairs the House Financial Services Subcommittee on Oversight and Investigations — claimed that Gruenberg’s continued leadership at the FDIC was further damaging staff morale.

Not just Republicans: Democrats we spoke to this week didn’t dispute the challenge of confirming a new FDIC chair before January.

“I don’t think it’s about Gruenberg. I think it’s just unlikely,” Rep. Sean Casten (D-Ill.) said. Casten added: “How often has the Senate jammed through confirmations at this point in the electoral cycle?”

When we asked Sen. Catherine Cortez Masto (D-Nev.) about the odds of confirmation, she winced a tad before saying: “I can never say it’s a definite, but I’m hopeful. Let me just say that.”

Sen. Jack Reed (D-R.I.) is more bullish. “It’s feasible,” the Rhode Island Democrat said. “It can be done.”

In the meantime, the status quo is fine for every Democrat we asked this week — even for the lone House Democrat to call for Gruenberg’s resignation, Rep. Bill Foster (D-Ill.).

“The important thing, from the point of view of getting cultural change in the FDIC, is that he’s on his way out,” Foster said. “It’s an acceptable situation that won’t be too disruptive in the ongoing business of the FDIC.”

— Brendan Pedersen

SCOTUS WATCH

News: House Dems trying to take SCOTUS action

House Oversight Democrats, led by ranking member Jamie Raskin (D-Md.) and Rep. Alexandria Ocasio-Cortez (D-N.Y.), are holding a roundtable on Supreme Court ethics next Tuesday.

It’s the latest attempt by Hill Democrats to attempt to rein in the high court as liberal fury mounts at potential conflicts of interest among the right-wing justices.

Raskin and AOC will be joined by Sen. Sheldon Whitehouse (D-R.I.), a Senate Judiciary Committee member who has long called for court reform.

The roundtable will focus on Democratic arguments that the right-wing Supreme Court is rolling back civil rights and economic protections as well as undermining democracy.

We reported on Tuesday how Senate Democrats are frustrated by their failure to meaningfully cajole the Supreme Court into adopting an enforceable ethics code.

— Max Cohen

THE CAMPAIGN

News: One Nation, the Republican Senate super PAC, is up with a new ad slamming Sen. Jon Tester (D-Mont.) on the border. The spot argues that during Tester’s nearly two decades in D.C., he’s “failed to secure the border.” The ad also dings Tester for his voting history on the border wall and benefits for undocumented migrants.

The ad ends by tying Tester to President Joe Biden. It’s a dynamic that Tester is eager to avoid as he runs for reelection in a deep-red state likely to vote for former President Donald Trump.

— Max Cohen

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