The House GOP eyes a new chance to undercut Biden

From: POLITICO Inside Congress - Monday Mar 11,2024 10:06 pm
Presented by Electronic Payments Coalition: An evening recap of the action on Capitol Hill and preview of the day ahead
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POLITICO Inside Congress

By Jordain Carney

Presented by

Electronic Payments Coalition

With assists from POLITICO’s Congress team

United States Attorney Robert Hur speaks at a news conference.

Special counsel Robert Hur will appear before the House Judiciary Committee for what will likely be an hours-long grilling about his final report. | Zach Gibson/Getty Images

WHAT TO EXPECT WHEN YOU'RE EXPECTING HUR

The House GOP is openly struggling to get the buy-in it will need to translate its impeachment inquiry into a successful vote to recommend booting Joe Biden from office.

But on Tuesday, Republicans will try a different tack – shifting the spotlight to what’s been, so far, a smaller-scale aspect of their probe: the president’s handling of classified documents.

This time they’ll benefit from a high-profile witness, with Justice Department Special Counsel Robert Hur visiting the Hill tomorrow.

What’s happening: Special counsel Robert Hur will appear before the House Judiciary Committee for what will likely be an hours-long grilling about his final report, which tugged the politically sensitive issue of Biden’s age back into the public spotlight.

Oversight Chair James Comer (R-Ky.), who has spearheaded the GOP’s Biden investigation, and Rep. Jamie Raskin (D-Md.), the top Democrat on the Oversight panel, are also expected to take part in the hearing, according to aides.

What to watch for:

Expect Republicans to ask about Biden’s interview with Hur’s team as part of the investigation, including pressing for examples on the report’s headline-grabbing characterization that Biden would be perceived in any potential court proceedings as a “sympathetic, well-meaning elderly man with a poor memory.”

Republicans subpoenaed records related to Hur’s investigation. And while DOJ handed over part of those documents last week, a tranche whose details were first reported by POLITICO, that didn’t include a key piece of the GOP’s subpoena — a transcript or audio of the interview itself. (Part of the broader request, DOJ noted, has to undergo a review for privilege and classification.)

Democrats, the White House and Biden allies played defense in the wake of the Hur report’s release. They tried to pull off a two-fer, casting the report as closing the book on Biden’s storage of classified documents after leaving office while accusing Hur (appointed as U.S. attorney by Trump) of injecting politics into his report with his descriptions of Biden.

Both Biden’s personal attorney and a White House attorney asked Hur to correct his descriptions of Biden’s acuity before the report got released — and tomorrow will give Democrats their first chance to go one-on-one with the former special counsel.

Hur, during his report, also drew a contrast between Biden’s handling of classified records and the separate federal investigation into Trump, noting that the latter man allegedly refused to return classified documents for months — a distinction Democrats are also likely to drill home on Tuesday.

The bigger picture: The public hearing with Hur comes after his report last month said that his investigation found evidence that Biden “willfully retained and disclosed classified materials after his vice presidency” … but that it didn’t “establish Mr. Biden’s guilt beyond a reasonable doubt.”

Republicans, of course, are months deep into an impeachment inquiry largely aimed at trying to find a smoking gun that links actions taken by Biden as president or vice president to his family’s business deals. But they are facing skepticism from a growing number of their GOP colleagues, who either say they haven’t seen evidence of a crime or are generally skeptical that they’ll be able to impeach Biden.

— Jordain Carney

 

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GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Monday, March 11, where we’re wondering which other lawmakers “Saturday Night Live” will make Scarlett Johansson play next.

DEMS HAVE AN IVF-CENTRIC RETREAT PREVIEW FOR HOUSE GOP

House Republicans are headed to their annual retreat in West Virginia in just a couple of days. But Democrats are already trying to turn the GOP’s guest speakers into a political liability.

Among the visitors Republicans will hear from at the Greenbrier during their confab this week: Marjorie Dannenfelser of Susan B. Anthony List, a conservative anti-abortion group, and Jeanne Marcini of the anti-abortion March for Life.

The decision to invite the staunchly anti-abortion speakers to the retreat, organized by GOP Conference Chair Elise Stefanik, comes as several vulnerable House Republicans are getting behind symbolic House resolutions that would protect in vitro fertilization after Alabama’s Supreme Court ruling that cast uncertainty on in-state use of the fertility technology.

(Susan B. Anthony has lauded the Alabama decision, per NBC News, but contended that preservation of embryos created by IVF should not preclude its use.)

Democratic Congressional Campaign Committee spokesperson Nebeyatt Betre slammed the House GOP’s decision to invite anti-abortion group leaders.

“House Republicans still don’t get it. Instead of listening to voters, these so-called moderate House Republicans are taking advice from the far-right fringe of the anti-choice movement on how to ‘message’ their out of touch agenda,” Betre said.

The National Republican Congressional Committee did not immediately respond to a request for comment.

The swing-seat Republicans facing tough questions from their constituents on supporting IVF include Reps. Nancy Mace (R-S.C.), Lori Chavez-DeRemer (R-Ore.), Michelle Steel (R-Calif.) and Juan Ciscomani (R-Ariz.).

(If you need a refresher on which Republican lawmakers are facing tough reelections across the map, we got you.)

— Daniella Diaz

CONGRESS’ COLA FIGHT HITS THE COURTS

A lawsuit recently filed by current and former members of Congress wades fully into one of Capitol Hill’s most controversial internal issues: how much lawmakers are paid.

Rep. Rick Crawford (R-Ark.), alongside former Reps. Rodney Davis (R-Ill.), Thomas M. Davis (R-Va.) and Ed Perlmutter (D-Colo.) has filed a lawsuit alleging that their pay was unconstitutionally adjusted when Congress itself repeatedly opted out of annual cost-of-living increases that are provided for under law.

The class action lawsuit alleges that they are “suffering the unconstitutional suppression of their member pay, and the former Members continue to suffer the unconstitutional reduction of the retirement pay due them by law.”

All three former members filing the suit now work for government relations or lobbying firms and are spotted on Capitol Hill with regularity.

Key basics: The 27th Amendment blocks officials from “varying the compensation for the services of the Senators and Representatives” between elections. And since 2009, salaries for rank-and-file members of Congress have stayed frozen at $174,000 per year.

Attempts to reinstate cost-of-living increases have been hotly debated in Congress but ultimately unsuccessful in recent years.

The plaintiffs allege that for 21 years since COLAs were codified, members of Congress have been denied cost-of-living increases – in other words, that each time Congress enacted legislation to deny lawmakers COLAs (or in 2008 when President George W Bush suppressed COLAs for federal workers and Congress), that amounted to a violation of the 27th Amendment.

The lawsuit alleges that each plaintiff was “unconstitutionally underpaid” by

  • $563,800 for Rodney Davis 
  • $268,839 for Tom Davis 
  • $753,300 for Ed Perlmutter
  • An undetermined amount for Crawford, since he is still serving. 

The class action nature of the filing means that nearly 1,800 current and former members who have served since Jan. 1, 1994, could be eligible to join the suit.
Ken Cuccinelli, the former Virginia attorney general and Trump-era acting deputy homeland security secretary, is representing the four plaintiffs in the suit.

“Congress has almost thoughtlessly in many respects, and unconstitutionally suppressed those cost of living adjustments and they have debased the institution … and they've made it harder and harder to get better participants,” he said in an interview.

— Katherine Tully-McManus

 

GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.

 
 
HUDDLE HOTDISH

Kate Middleton’s Photoshop-gate has us recalling a few famed photo fails in Congress: Rep. Danny Davis’ campaign website had what appeared to be AI photos of the Illinois lawmaker last year – and never forget this throwback to the oddest photoshop of Sen. John Cornyn (h/t Burgess).

Former President Donald Trump endorsed former Rep. Mike Rogers in the crowded Michigan Senate Republican primary race on Monday. Don’t forget: Rogers had distanced himself from Trump in past interviews – but two of the Senate hopeful’s opponents, former Reps. Peter Meijer and Justin Amash, supported impeaching Trump.

The endorsement is another moment of agreement between Trump and the National Republican Senatorial Committee, which is also backing Rogers in the crowded Michigan primary. Trump also endorsed Mace over the weekend after backing her conservative primary challenger in 2022. We couldn’t help but wonder … Does the famously grudge-holding Trump dump people for good anymore?

 

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QUICK LINKS 

Biden’s budget hits Trump and GOP for being ‘fiscally reckless’, from Jennifer Scholtes and Caitlin Emma

Congressman-turned-lobbyist buys McLean estate, from Michael Neibauer at Washington Business Journal

A Mistake in a Tesla and a Panicked Final Call: The Death of Angela Chao, from Valerie Bauerlein, Tawnell D. Hobbs, Cara Lombardo and Elizabeth Findell at The Wall Street Journal

 

YOUR GUIDE TO EMPIRE STATE POLITICS: From the newsroom that doesn’t sleep, POLITICO's New York Playbook is the ultimate guide for power players navigating the intricate landscape of Empire State politics. Stay ahead of the curve with the latest and most important stories from Albany, New York City and around the state, with in-depth, original reporting to stay ahead of policy trends and political developments. Subscribe now to keep up with the daily hustle and bustle of NY politics. 

 
 

TRANSITIONS 

Eric Jones is now deputy comms director for Sen. Michael Bennet (D-Colo.). He previously was press secretary and digital director for Rep. Josh Harder (D-Calif.).

Conner Swanson is now a senior advisor with the House Budget Committee. He previously was comms director for Rep. Kelly Armstrong (R-N.D.).

 

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TOMORROW IN CONGRESS

The House and Senate are in.

TUESDAY AROUND THE HILL

2:15 p.m. Democratic Whip Katherine Clark, Rep. Rosa DeLauro, and Democratic Women's Caucus Vice Chairs Teresa Leger Fernandez and Nikema Williams will host a press conference on Equal Pay Day. (House Triangle)

4 p.m. House Financial Services Committee Democrats will host a Women's History Month roundtable discussion on diversity, equity and inclusion. (2220 RHOB)

TRIVIA

FRIDAY’S ANSWER: Jack Howard was the first person to correctly guess that Ronald Reagan once held a job as a lifeguard at a local river in his youth.

TODAY’S QUESTION, from Jack: Which four Presidents delivered both a SOTU address and the response?

The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com.

GET INSIDE CONGRESS emailed to your phone each evening.

Follow Daniella on X at @DaniellaMicaela.

 

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