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September 25, 2023
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PRESENTED BY
THE TOP
Happy Monday morning.
This is a huge week for Washington. We keep saying that but it’s true. The federal government will shut down midnight Saturday (technically) barring any action from Congress. You’ll be hearing from us a lot this week. So make sure to sign up for Premium to get our text alerts, which typically beat the competition on issues critical to governance and legislating.
Let’s start here: The U.S.-Mexico border is a mess. President Joe Biden is facing incessant questions about his age, stamina and ability to do his job. His poll numbers are terrible. Hunter Biden has been indicted, with more charges possible. And House GOP leaders have launched an impeachment inquiry.
Yet House Republicans are about to pick a slew of political fights they simply can’t win — as well as causing an expected government shutdown — handing Biden a golden opportunity to portray the GOP as incapable or unwilling of governing. We’ll note that former President Donald Trump has called for a shutdown also, so it’s a twofer for the White House.
This is precisely what Speaker Kevin McCarthy has been trying to drill into the minds of House Republicans, especially hardline conservatives who refuse to support any stopgap funding bill.
Now that we’ve set the backdrop here, let’s get into what’s expected to happen this week and all the possible permutations that could unfold.
The House and Senate are both out today for the Yom Kippur holiday. Have an easy fast if you are observing. Both chambers return Tuesday.
In the Senate, Majority Leader Chuck Schumer has already begun prepping a shell bill that will carry a stopgap funding measure, including Ukraine aid and disaster relief money.
Senate Minority Leader Mitch McConnell is involved in talks to get it across the finish line, as are White House and Appropriations Committee staffers. Senate leadership aides caution the two sides aren’t yet close to a deal.
Senators on both sides have said they want the stopgap bill to last through at least early December. McCarthy’s CR proposals have only run through early- to mid-November.
It will take several days for the Senate to process this bill. It’s possible the Senate won’t send it to the House until Saturday (the shutdown deadline) or later. This is because Sen. Rand Paul (R-Ky.) has already said he won’t give consent to speeding up the floor process if the CR includes funding for Ukraine. Other Republicans may object, too.
Now let’s shift to the House. House GOP leaders have lined up four appropriations bills this week: Defense, Agriculture, State-Foreign Ops and Homeland Security. But first they have to pass a complicated rule to allow this to happen. On a GOP member call Saturday, McCarthy and senior leaders made clear that they want everyone engaged in the process so they can pass these bills.
And House Majority Whip Tom Emmer, anxious not to be embarrassed again, urged Republicans to tell him if they plan to vote against the rule.
McCarthy and his allies involved in this process — which now include House Financial Services Committee Chair Patrick McHenry (R-N.C.) and Rep. Garret Graves (R-La.) — argue that Republicans should focus on the DHS spending bill and border security policies because that’s where they see possible political and policy wins. Rep. Jim Jordan (R-Ohio) also backs this approach.
But here’s the challenge: There’s deep skepticism in the House Republican Conference that they can pass any spending bills. Some in the leadership think they’ll only be able to pass the Defense bill. But there’s no unanimity on that viewpoint.
And as we’ve said several times during the last week, passing these party-line spending bills doesn’t help avert the looming shutdown.
McCarthy has said repeatedly that he wants to pass a stopgap package to give the House GOP time to pass additional spending bills. This would, in theory, allow the House to get into a negotiation with the Senate over the entirety of FY2024 spending.
On the call Saturday, McCarthy floated a 30-day CR, which would keep government funded until Oct. 31. He also floated a 45-day CR, which would last until Nov. 15. A longer CR makes more sense given the herculean task of reconciling the Senate’s spending bills with the House’s. But, of course, it’s entirely possible the Senate sends the House a 60-day CR or longer.
McCarthy plans to try to pass his short-term funding bill — 30 or 45 days with the H.R. 2 border security bill and possibly a debt commission — toward the end of the week, after the other four bills. By that time, the Senate could be sending McCarthy its version of the CR. The question remains, how does McCarthy handle this? If McCarthy doesn’t put the Senate-passed CR on the floor, there will be a shutdown.
Moderate Republicans who belong to the Problem Solvers Caucus are already talking about endorsing a compromise proposal to end any shutdown by signing onto a Democratic discharge petition. Six Republicans are needed to hand control of the floor to Democrats, who can then pass a funding bill.
Of course, McCarthy doesn’t want this to happen, but he probably wouldn’t mind keeping his hands clean here. It’s too late to avoid a shutdown, but a bill to reopen government agencies can be enacted this way.
One more thing: Thanks to the Congressional Research Service, here’s the current estimate of federal employees by state and congressional district.
— Jake Sherman, John Bresnahan and Andrew Desiderio
THE MENENDEZ INDICTMENT
Menendez digs in as resignation calls mount
Sen. Bob Menendez (D-N.J.) is expected to hold a press conference later today in which he’ll remain defiant in the face of calls for his resignation following his indictment — again — on bribery and corruption charges.
The 69-year-old Menendez may even announce he’ll run again in 2024, something that Garden State Democrats dread with state legislative elections less than two months away.
Menendez’s main argument in the wake of Friday’s stunning federal indictment is that he’s being targeted — by both federal prosecutors and lawmakers pushing him to resign — because he’s a prominent Latino. Menendez has long called himself “the high-hest-ranking Latino in the U.S. Congress.” Rep. Pete Aguilar (Calif.), the number three House Democrat, now has that title.
In a statement Friday responding to the calls for his resignation, Menendez said in part: “It is not lost on me how quickly some are rushing to judge a Latino and push him out of his seat.”
But Latino Democrats have been glaringly silent on Menendez’s indictment, refusing to back him up on that argument. We couldn’t find one member of the Congressional Hispanic Caucus beyond Rep. Robert Menendez (D-N.J.), the senator’s son, who’s backing the elder Menendez.
According to one senior Latino lawmaker, many don’t feel the urgency to defend Menendez given the egregiousness of the charges. The indictment, for example, includes photos of hundreds of thousands of dollars in cash stuffed in envelopes and clothes, as well as gold bars allegedly given to Menendez and his wife by three businessmen seeking his help.
Rep. Alexandria Ocasio-Cortez (D-N.Y.) has called on Menendez to step down and pushed back on his claim of being targeted based on his ethnicity.
“As a Latina, there are absolutely ways in which there is systemic bias. But I think what is here in this indictment is quite clear,” Ocasio-Cortez said on CBS’ “Face the Nation.”
The Justice Department declined to comment on Menendez’s claim. Menendez, his wife Nadine and three co-defendants will be arraigned on Wednesday.
Several prominent New Jersey pols, including Gov. Phil Murphy, leaders of the state legislature, the New Jersey Democratic party chair and nearly all of the New Jersey Democratic House delegation have said Menendez should step down.
Democratic Senate candidates are on the “Menendez should resign” bandwagon, too. California Democratic Reps. Adam Schiff and Katie Porter, both of whom are running for Senate, have urged Menendez to step down, as has Rep. Elissa Slotkin (D-Mich.).
But just one Democratic senator has called on Menendez to resign at this point — Pennsylvania Sen. John Fetterman. Senate Majority Whip Dick Durbin said on Sunday that the charges are serious and emphasized the presumption of innocence. Durbin, however, said Menendez should make that decision on his own.
Sen. Cory Booker (D-N.J.), who testified as a character witness in Menendez’s first bribery trial, has been silent.
Senate Majority Leader Chuck Schumer in a statement Friday praised Menendez as “a dedicated public servant” and said the longtime senator had “rightly decided” to step aside as chair of the Senate Foreign Relations Committee.
Menendez has retained top criminal defense lawyer Abbe Lowell, who is currently representing Hunter Biden, according to Law360. Lowell helped successfully defend Menendez during the 2015 bribery case.
If Menendez does run again, he has $7.8 million in his campaign account as of June 30. While he can use campaign funds to pay his attorney fees — which are liable to be pretty steep — Menendez has also set up a legal-defense fund to help defray those costs. Menendez raised millions of dollars to help cover the cost of his first case, arguing that the Obama administration was targeting him over his opposition to the Iran nuclear accord.
— Andrew Desiderio, Heather Caygle and John Bresnahan
DOJ works to set up Weiss testimony
News: The Justice Department is offering to allow four key officials involved in the Hunter Biden criminal investigation testify before the House Judiciary Committee in response to Chair Jim Jordan’s (R-Ohio) recent subpoenas.
In a Sept. 22 letter, the DOJ’s legislative affairs chief reiterated the department’s proposal to make Special Counsel David Weiss — who also helmed the Hunter Biden probe as U.S. attorney for Delaware — “available in the near term to address the subject of his authority.”
House Republicans have pointed to testimony from IRS whistleblowers who claim Weiss said he lacked authority to bring charges against Hunter Biden. Weiss, for his part, has stated in correspondence to lawmakers that he had full freedom to carry out the probe.
A plea agreement between Hunter Biden and the Justice Department — which was heavily criticized by GOP lawmakers — fell apart in late July. The younger Biden was indicted on felony gun charges on Sept. 14, and more charges may follow.
Decoding DOJ: The latest move from DOJ signals the department will allow Weiss to speak to Jordan’s panel. “We remain deeply concerned about any misrepresentations about our work that could harm public confidence in the evenhanded administration of justice,” Assistant Attorney General Carlos Uriarte writes in the letter.
Uriarte insists that the department has made “extraordinary efforts” to comply with Jordan’s oversight of the Hunter Biden investigation. The DOJ is offering U.S. Attorney for D.C. Matthew Graves and U.S. Attorney for the Central District of California Martin Estrada to testify, along with Acting Deputy Assistant Attorney General Stuart Goldberg.
Graves and Estrada are of particular interest because Weiss once sought to partner with these officials in order to bring charges against the younger Biden outside of his Delaware jurisdiction.
But Uriarte rebuffed Jordan’s earlier request to interview a total of seven officials and produce a plethora of documents and communications relating to whistleblower allegations.
“The volume and requested pace of the Committee’s proposed schedule far exceeds the Department’s resources, especially in light of the Committee’s other pending requests and subpoenas to the Department on other topics,” Uriarte wrote.
Impeachment hearing: The House Oversight Committee will hold its first hearing Thursday related to the GOP’s impeachment inquiry into President Joe Biden.
House Oversight Committee Chair James Comer (R-Ky.) is framing the hearing as a chance to “establish the basis for the impeachment inquiry.” But don’t expect any major revelations.
Comer has described the hearing to reporters as “a refresher course” of what the panel has compiled so far in its probe into the financial dealings of the president’s family members. While the panel has uncovered information about shell companies connected to Hunter and James Biden — the son and brother of the president — Republican investigators still haven’t established any wrongdoing on the part of Joe Biden.
The committee plans to bring a financial expert to testify about the bank records Comer has subpoenaed, in addition to a witness that will argue the constitutional rationale for impeachment.
Democrats, for their part, are seizing on the shutdown split-screen.
“Instead of these stunts intended to distract from the disastrous consequences of their shutdown, House Republicans should do their job and avoid economic pain and threats to our national security,” White House Spokesperson for Oversight and Investigations Sharon Yang said in a statement.
Oversight Committee Democrats will seek to fact check Comer in real time, a marked change from the Kentucky Republican’s usual friendly audience of conservative cable hosts.
— Max Cohen
PRESENTED BY META
CBC ALCF
ICYMI: An inspiring CBCF ALC week
Punchbowl News was thrilled to collaborate on multiple experiences for CBCF ALC.
We kicked off CBC Week with our HQ, a day of programming and networking just steps from the Convention Center. Check out photos from the day.
On Sunday we partnered with the Black Women’s Congressional Alliance for its second annual brunch at the British Ambassador’s Residence.
The event honored Black women in politics, advocacy and communications. Shuwanza Goff, assistant to President Joe Biden and White House legislative affairs director, received the Spirit of BWCA award.
We also toasted Michelle Miller, CBS news correspondent and co-host of CBS Saturday Morning; Symone Sanders-Townsend, host of SYMONE on MSNBC; Brianna Frias, director of communications to Assistant Democratic Leader James Clyburn; and Rep. Lauren Underwood (D-Ill.).
Punchbowl News Founder and CEO Anna Palmer gave remarks highlighting Punchbowl News’ commitment to uplifting women of color on Capitol Hill and beyond.
Raising a glass: Karen Pierce, British Ambassador to the United States; Keenan Austin Reed, vice president at the Alpine Group; Michael Reed, director of whip operations and member services for the House of Representatives; Olivia Igbokwe-Curry, lead for U.S. public affairs at AWS; Wintta Woldemariam, director of Congressional Affairs at OMB; Brianna Tucker, deputy politics editor for The Washington Post; and Alethia Jackson, senior vice president, ESG and chief DEI officer at the Walgreens Boots Alliance.
Earlier in the week, we also highlighted our Punch Up ambassadors, leaders who have made a significant impact in their work surrounding the Congressional Black Caucus. We raise a glass to all of you.
CAMPAIGN WATCH
Fitzpatrick calls GOP primary challenger ‘disingenuous’
Rep. Brian Fitzpatrick (R-Pa.) is coming out swinging against primary challenger Mark Houck, attacking him as dishonest.
Fitzpatrick is also talking up his relationship with some of the more hardline members of the House GOP conference.
To rewind here, we reported during August recess that Houck, an anti-abortion rights activist, said House Freedom Caucus Chair Scott Perry (R-Pa.) encouraged him to take on Fitzpatrick in Pennsylvania’s 1st District.
“Mark Houck dropped a lot of names saying people encouraged him to run,” Fitzpatrick told us. “I think [he] is being very disingenuous by saying he was endorsed.”
Fitzpatrick said Perry called him shortly after our story ran to say Houck’s comments about his support were false. Houck told us he met Perry when the Pennsylvania Republican brought him as a guest to the State of the Union this year and the two had stayed in touch.
“Scott called me first thing in the morning and told me that what Mr. Houck was saying was not true, and I believe him and take him at his word,” Fitzpatrick said.
Perry also reiterated to us that he and Fitzpatrick were “great friends,” saying the Houck drama was the “media ginning things up.”
Aside from Perry, Houck name dropped House Judiciary Committee Chair Jim Jordan (R-Ohio), Rep. Mike Johnson (R-La.) and Rep. Chip Roy (R-Texas) as influencing his decision to run.
Houck declined to comment for this piece.
The Pennsylvania primary election is scheduled for April 23. Fitzpatrick is a strong favorite to win in a district carried by President Joe Biden in 2020.
Fitzpatrick has faced a GOP primary challenger in the past three election cycles, but he has won the general by roughly 30 points each time.
That said, Fitzpatrick is taking a more vocal role in talking about his reelection and running as a pragmatist in a purple district.
“I believe in bipartisanship to my core and I know that’s the right thing to do,” Fitzpatrick said. “I feel very close to my district. I feel like I don’t have to worry about a primary challenger… I’m going to easily win my primary and easily win my general.”
Fitzpatrick, who co-chairs the bipartisan Problem Solvers Caucus, is one of the most moderate Republicans in the House. That makes him a prime target for Democrats and Republicans to the right of him.
Also: Rep. Ashley Hinson (R-Iowa) will endorse Wendy Davis in the crowded GOP primary for Indiana’s open 3rd District seat. The district is currently represented by Rep. Jim Banks (R-Ind.), who is running for Senate.
Hinson will hold a virtual Facebook conversation with Davis at 12 p.m.
“I am proud to endorse Judge Wendy Davis for Congress in Indiana’s Third District,” Hinson said in a statement. “I know that she will carry on Congressman Banks’ conservative efforts in Washington!”
— Mica Soellner
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