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Feinstein hospitalized with shingles

Sen. Dianne Feinstein (D-Calif.) is receiving treatment for shingles at a hospital in her home state, she said in a statement on Thursday.

“I was diagnosed over the February recess with a case of shingles. I have been hospitalized and am receiving treatment in San Francisco and expect to make a full recovery. I hope to return to the Senate later this month,” Feinstein, 89, said.

Shingles is a nonlife-threatening illness and usually occurs in older adults who had a chickenpox infection, sometimes decades earlier. The virus can resurface after being dormant for years, leading the patient to endure rashes and, in some cases, more rare symptoms of facial paralysis, deafness and blindness.

Source: TEST FEED1

Tennessee enacts nation's first law restricting drag shows, bans gender-affirming care for youth

Tennessee on Thursday became the first state to enact a law explicitly targeting drag shows, while also joining a growing list of GOP-led states to ban gender-affirming health care for transgender youth.

The drag show provision criminalizes performances that take place in public or where they could be seen by children.

Tennessee Gov. Bill Lee (R) signed both measures into law on Thursday without public comment. His office did not respond to The Hill’s request for comment.

Senate Bill 3, the drag ban, prohibits “adult cabaret performances” from taking place within 1,000 feet of schools, public parks or places of worship. The new law, effective April 1, builds on existing restrictions on “adult-oriented businesses” in Tennessee, expanding the state’s obscenity laws to include performances that feature topless or exotic dancers or “male or female impersonators” that provide entertainment appealing “to a prurient interest.”

Drag shows have recently drawn the ire of Republicans in state legislatures nationwide, spurring GOP lawmakers to introduce dozens of bills seeking to crack down on performances they say are offensive and inappropriate for children.

Tennessee Senate Majority Leader Jack Johnson (R), who sponsored Senate Bill 3, said in November that he introduced the measure to prevent drag shows that are “sexual in nature” from taking place where children could be present.

Drag performers in Tennessee beginning next month could find themselves behind bars for performing in certain public spaces or where their shows may be viewed by “a person who is not an adult,” according to the new law.

First-time violators may be charged with a Class A misdemeanor, punishable by a $2,500 fine and up to a year in jail. Any subsequent offenses will be classified as a Class E felony, carrying a maximum six-year prison sentence.

And under Tennessee’s Senate Bill 1, which will take effect July 1, health care providers are prohibited from prescribing puberty blockers or hormones, and from performing gender-affirming surgeries, for transgender minors.

Tennessee is the eighth state in the nation to enact such a law, and the fourth to do so this year. On Wednesday, Mississippi Gov. Tate Reeves (R) signed legislation that similarly bars minors in the state from accessing gender-affirming health care.

The American Civil Liberties Union (ACLU) and its Tennessee affiliate, as well as the LGBTQ civil rights organization Lambda Legal, said they plan to challenge the new law in court. The groups have filed similar suits against laws in Arkansas and Alabama.

“We will not allow this dangerous law to stand. Certain politicians and Gov. Lee have made no secret of their intent to discriminate against youth who are transgender or their willful ignorance about the life-saving health care they seek to ban,” the groups said Thursday in a statement. “Instead, they’ve chosen fearmongering, misrepresentations, intimidation, and extremist politics over the rights of families and the lives of transgender youth in Tennessee.”

“We are dedicated to overturning this unconstitutional law and are confident the state will find itself completely incapable of defending it in court,” the groups added. “We want transgender youth to know they are not alone and this fight is not over.”

Gender-affirming health care — for both transgender youth and adults — is considered safe, effective and medically necessary by most major medical organizations.

Lee’s approval of the bill comes just days after a photo appearing to show a teenage Lee dressed as a woman surfaced online. Lee was asked about the photo by reporters on Monday.

“What a ridiculous, ridiculous question that is,” the governor responded. “Conflating something like that to sexualized entertainment in front of children … which is a very serious subject.”

Source: TEST FEED1

DC AG rips Biden on crime bill decision

Washington, D.C. Attorney General Brian Schwalb (D) slammed President Biden on Thursday over his decision not to block Republican-led legislation that would undo portions of the city’s recent crime reform bill.

“Any effort to overturn DC laws degrades the right of its nearly 700,000 residents and elected officials to self-govern — a right that almost every other American has,” Schwalb said in a tweet. “As the city’s chief legal officer, I will continue to advocate for DC’s full autonomy and #Statehood.”

Biden told Senate Democrats on Thursday that he did not plan to veto the legislation, which appears likely to pass the Democratic-controlled Senate despite the party’s traditional support for D.C. home-rule.

“I support D.C. Statehood and home-rule — but I don’t support some of the changes D.C. Council put forward over the Mayor’s objections — such as lowering penalties for carjackings,” Biden tweeted. “If the Senate votes to overturn what D.C. Council did — I’ll sign it.”

The crime bill, which was unanimously approved by the D.C. City Council in November, sought to eliminate most mandatory sentences, expand requirements for jury trials in misdemeanor cases and lower penalties for several violent offenses, including carjackings.

D.C. Mayor Muriel Bowser (D) vetoed the bill in January but was overridden by the city council in a 12-1 vote.

House Republicans passed a resolution of disapproval to block the bill’s implementation earlier this month, with the support of 31 House Democrats. 

In the upper chamber, Democrats are currently down one vote, with Sen. John Fetterman (D-Pa.) away while receiving in-patient care. Sen. Joe Manchin (D-W.Va.) has also indicated that he plans to support the resolution. 

Other Senate Democrats facing tough reelection races in 2024 may also join Manchin. Both Sen. Jon Tester (D-Mont.) and Sen. Tim Kaine (D-Va.) remained undecided on the resolution as of Thursday.

Biden’s decision to not veto the measure would appear to give political cover to Democrats in the Senate wobbling on the issue to vote with the GOP if they choose to do so.

Source: TEST FEED1

White House says Biden’s words ‘mischaracterized’ by Rep. Majorie Taylor Greene 

The White House on Thursday hit back at Rep. Marjorie Taylor Greene (R-Ga.) when asked why President Biden chuckled during remarks he was making about being blamed for the death of a woman’s two sons to fentanyl.

Biden addressed the House Democratic caucus during its issues retreat in Baltimore on Wednesday night when he sarcastically brought up Greene, who had previously blamed the Biden administration’s border policies for the deaths of the woman’s sons.

White House press secretary Karine Jean-Pierre said Biden’s words were being mischaracterized when asked if the president regretted how his comments were delivered. 

“His words are being mischaracterized by someone who is regularly discredited for things that she says that are really conspiracy theories and those lies are being parroted by a certain network and I’ll just leave it there,” Jean-Pierre said, referring to Greene.

The mother, conservative activist Rebecca Kiessling of Michigan, has since asked for an apology from Biden for his remarks in Baltimore. 

“As President Biden was speaking about this mother who lost her two sons, he starts to laugh… This is how you speak about the death of my sons? Because a congresswoman misspoke? You mock the loss of my sons? How dare you. What is the matter with you?” Kiessling said in a statement, according to Fox News.

In responding to Greene’s claims that the Biden administration was the cause due to fentanyl that she said came across the southern border, Biden noted that the death of the woman’s sons had actually occurred under the Trump administration.

“She was very specific — I shouldn’t digress, probably — I read, she was very specific recently saying that a mom, a poor mother who lost two kids to fentanyl, that I killed her sons. Well, the interesting thing is, that fentanyl they took came during the last administration,” Biden said, letting out a chuckle.

Biden also mocked Greene in his remarks where he predicted middle-of-the-road Republicans would move toward Democrats if more GOP lawmakers such as Greene emerge.

“It’s hard as hell, I acknowledge, but it’s there,” he said of the possibility for bipartisan cooperation. “And, you know, a little bit more of Marjorie Taylor Greena and a few more, you’re gonna have a lot of Republicans running our way.”

Biden then paused and let out a chuckle, shared by the room, before saying of Greene, “isn’t she amazing?”

On Thursday, Jean-Pierre also sought to note that Biden has experienced personal loss in his own life and said he sympathizes with Kiessling.

“The American people…have watched him go through grief, they have watched him deal with really personal loss,” she said. “And so, this is a president that understands that. He expressed sympathy to her last night. And his heart goes out to any person, any person who has to go through that type of trauma, that type of hurt.”

When questioned by Greene during a meeting on Capitol Hill last week, Kiessling responded “absolutely” when the congresswoman asked her if her sons would be alive if the southern border was secured. Kiessling then discussed the government’s alleged role in the drug crisis.

Greene had posted a clip of the exchange on Twitter that day, writing “Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about both of her son’s murders because of the Biden administrations refusal to secure our border and stop the Cartel’s from murdering Americans everyday by Chinese fentanyl.”

Source: TEST FEED1

House Ethics Committee launches George Santos investigation

The House Ethics Committee has established an investigative subcommittee to look into issues surrounding Rep. George Santos (R-N.Y.), who has admitted to numerous fabrications about his background and faced scrutiny over his campaign and personal finances, the panel announced Thursday.

The committee said the panel will look into whether Santos “engaged in unlawful activity with respect to his 2022 congressional campaign; failed to properly disclose required information on statements filed with the House; violated federal conflict of interest laws in connection with his role in a firm providing fiduciary services; and/or engaged in sexual misconduct towards an individual seeking employment in his congressional office.”

The committee unanimously voted to establish the investigative panel.

Rep. David Joyce (R-Ohio) will chair the subcommittee and Rep. Susan Wild (D-Pa.) will be its ranking member. Reps. John Rutherford (R-Fla.) and Glenn Ivey (D-Md.) will also be on the panel.

In a brief statement, Santos’s office said that the congressman is “fully cooperating” with the Ethics Committee’s investigation. “There will be no further comment made at this time.”

The Ethics Committee noted in a statement that establishment of an investigative subcommittee does not in itself indicate any violation occurred.

The announcement of an investigation into Santos comes days after the Ethics Committee officially organized.

The freshman New York representative’s scandals have skyrocketed him to fame and infamy, and prompted calls for his ouster by several of his fellow House Republicans. Most recently, New York GOP Reps. Anthony D’Esposito and Marc Molinaro called for him to be expelled from Congress.

Speaker Kevin McCarthy (R-Calif.) has declined to call for Santos to step down from Congress, stressing that the House must have “due process” and that he will wait for the Ethics Committee to conduct an investigation.

“Ethics is going to look into the situation. If something arises to that point, there’s consequences for actions that you take,” McCarthy told reporters this week.

But the Speaker also said that he would “probably have a little difficulty” supporting Santos for reelection.

Santos was originally selected to sit on the Small Business and Science, Space, and Technology committees, but said that he decided to not sit on committees before officially joining them.

The Ethics Committee probe is just one of several investigations into Santos, who is also coming under scrutiny from the Nassau County District Attorney, the New York State Attorney General, the Queens District Attorney, and reportedly by the U.S. Attorney’s Office in the Eastern District of New York.

Those outside investigations may prove more consequential for Santos than the investigation by the House Ethics Committee, which has been historically slow-moving and deferred to federal prosecutors looking into the same issue before taking action.

On the campaign finance front, Santos has faced questions about the source of high-dollar personal loans that he made to his campaign as well as his campaign’s reported expenses.

In previous filings with the FEC, Santos reported that he personally loaned his campaign more than $700,000, which he said came from work at his company, the Devolder Organization. But amendments to his reports have confused campaign finance experts.

His campaign also reported a suspiciously high number of expenses for $199.99, just one cent shy of the $200 threshold that would require him to keep receipts and invoices.

Santos’s personal finance disclosures to the House as a candidate showed a sharp increase in personal wealth from 2020 to 2022. In 2020, he said he made $55,000 from LinkBridge Investors during the previous year, and listed no other assets, income or liabilities. Then in 2022, Santos reported bringing in a $750,000 salary from his new company, Devolder, along with holding between $1 million and $5 million in a savings account, between $100,001 and $250,000 in a checking account, and an apartment in Rio de Janeiro valued between $500,001 and $1,000,000.

Santos previously worked at Harbor City Capital, which the Securities and Exchange Commission (SEC) said was a Ponzi scheme and was shuttered in 2021. Santos was not charged with a crime in connection to that SEC case and has denied knowledge of alleged wrongdoing. The Washington Post reported in January that Santos stayed at the firm after a prospective investor told him Harbor City was using a fraudulent bank document.

The House Ethics Committee’s reference to alleged sexual misconduct by Santos comes after accuser Derek Myers told the Ethics Committee that Santos, while considering Myers for employment in his Congressional office, made inappropriate comments and advances toward Myers.

Updated at 3:37 p.m.

Source: TEST FEED1

Biden says he'll sign GOP resolution overturning DC crime bill

President Biden on Thursday said he’ll sign legislation that Republicans have championed that would undo parts of a District of Columbia crime bill.

The president told Senate Democrats about his intention not to veto the measure when he went up to the Capitol on Thursday to meet with the caucus, several senators reported after the meeting.

The local bill would eliminate most mandatory sentences, lower penalties for a number of violent offenses, including carjackings and robberies and expand the requirement for jury trials in most misdemeanor cases.

“I support D.C. Statehood and home-rule — but I don’t support some of the changes D.C. Council put forward over the Mayor’s objections — such as lowering penalties for carjackings,” Biden later tweeted. “If the Senate votes to overturn what D.C. Council did — I’ll sign it.”

Mayor Muriel Bowser (D) had opposed the crime measure, but also backed a Biden veto of the GOP bill because of the implications for home rule.

“It’s smart politics. He was running into a buzzsaw,” Sen. Lindsey Graham (R-S.C.) told reporters on Thursday. “You don’t want to get left of the D.C. mayor.”

A veto would undoubtedly have been used by the GOP in campaign ads as Republicans push their rhetoric that Democrats are too soft on crime.

The legislation was unanimously approved by the D.C. City Council, which then overrode a veto by Bowser in an overwhelming 12-1 vote.

The GOP-led House passed a resolution of disapproval that would block the implementation of the law. It is likely to pass the Senate with bipartisan support in a vote as early as next week, despite the Democratic majority in the upper chamber and the Democratic Party’s usual support for D.C. home rule.

Sen. Joe Manchin (W.Va.) on Monday became the first Democratic senator to come out in support of the resolution, saying the local legislation doesn’t make sense to him. Other Democrats who face also difficult reelection races in 2024 may vote with him next week.

Sen. Jon Tester (D-Mont.) said on Thursday after Biden’s announcement that he’s still undecided about the resolution.

Other Democrats also seemed unsure, including Sen. Tim Kaine (Va.), who told reporters, “talk to me next week.”

“It is a complicated matter in this sense. It’s kind of D.C. battle between the City Council that’s elected by the people that said this is the right thing and the mayor that’s elected by the people that said this is the wrong thing,” he said. “That means, OK, they’re not on the same page. You got to dig into it.”  

All 49 Republican senators support the resolution rescinding the crime bill, which means it will pass the Senate if another Democrat joins Manchin in supporting it.  

D.C. Del. Eleanor Holmes Norton (D) told reporters that Biden’s stance was “news to me, and I’m very disappointed in it.”

—Al Weaver and Mychael Schnell contributed. Updated at 3:40 p.m.

Source: TEST FEED1

DOJ argues Trump should not face immunity in Jan. 6 civil suits

The Department of Justice (DOJ) declined to back former President Trump’s position that he should be immune from civil suits seeking to hold him responsible for his conduct on Jan. 6, 2021.

The consolidated cases include legal challenges launched by numerous members of Congress who rushed for cover during the deadly riot at the Capitol as well as Capitol Police officers who allege Trump conspired to block them from carrying out their duties. The suits also seek to hold Trump liable for physical and psychological injuries.

DOJ’s stance comes as Trump has appealed a lower court ruling deeming he is not immune from the suits given that a president’s efforts to “secure or perpetuate incumbency” are not part of the White House role that otherwise prevents the president from facing civil suits for actions taken through the office.

The government in its brief draws a clear line, arguing the broad protections for the president should not cover statements inciting violence. 

“His briefs advance only a single, categorical argument: A President is always immune from any civil suits based on his ‘speech on matters of public concern’…even if that speech also constitutes incitement to imminent private violence. The United States respectfully submits that the Court should reject that categorical argument,” DOJ wrote in the filing.

The matter before the U.S. District Court of Appeals for the D.C. Circuit weighs the contours of presidential immunity from such civil suits, something DOJ argued should generally be protected.

“In the United States’ view, such incitement of imminent private violence would not be within the outer perimeter of the Office of the President of the United States,” they write.

The brief doesn’t specifically back the claims from the 11 lawmakers that Trump incited the riot, instead noting that they “plausibly allege” the former president’s speech that day motivated the attack.

The district court that previously heard the suit also rejected Trump’s First Amendment defense.

DOJ ultimately encourages the court to make a narrow ruling, calling the case a poor vehicle for determining “when and how to draw a line between the president’s official and electoral speech.”

The DOJ contribution to the case comes as it has its own criminal investigation into Trump’s effort to remain in power — something the department only briefly addresses in a footnote dismissing any connection between outside civil suits and their own probe.

“The United States does not express any view regarding the potential criminal liability of any person for the events of January 6, 2021, or acts connected with those events,” they write.

DEVELOPING

Source: TEST FEED1

George Santos introduces first bill — SALT relief

Rep. George Santos (R-N.Y.), battling controversies surrounding how he got into office, has introduced his first piece of legislation.

Santos on Tuesday introduced The SALT Relief Act, which would increase the deduction limit for State and Local Taxes (SALT).

Former President Trump’s tax cut law imposed a $10,000 annual limit on the the SALT deduction. Lawmakers in the New Jersey and New York suburbs from both parties have chaffed at the limit, arguing it hurts constituents in their areas, given high housing prices. The lower deduction rate has the effect of reducing the amount of property taxes that can be written.

If enacted, Santos’s legislation would raise the cap to $50,000. Some Democrats have also proposed increasing the cap. Legislation was passed by the House in 2021 that would have raised the cap to $80,000 until 2030.

“While the cost-of-living continues to plague New Yorkers, and by raising the cap on SALT will provide real tax relief not just to New York’s Third Congressional District but to all,” Santos said in a statement.

Santos has faced calls to resign from Democrats and members of his own party over falsehoods about his background that only became public after his election. Questions have been raised about the college Santos claimed to have attended, his work resume, his finances and his family background.

Rep. Anthony D’Esposito (N.Y.), the first House Republican to call for Santos’s resignation, has circulated a bill and a resolution that would prohibit representatives found guilty of an offense “involving financial or campaign finance fraud from receiving compensation for biographies, media appearances or expressive or creative works.”

D’Esposito and Rep. Marc Molinaro (R-N.Y.) both called on Santos on Wednesday to be removed from the House. House Democrats introduced a resolution last month that would expel the embattled congressman from the House, citing his history of fabrication related to his resume and other experience.

A recent poll released Monday found that two-thirds of New York voters, including 58 percent of Republicans, think that Santos should resign.

Santos admitted in December that he had fabricated parts of his professional experience, including his education and previous places of employment. He blamed the local Nassau County GOP for his “embellished resume,” saying last month that he would not have gotten the nomination if he said he did not finish college.

Source: TEST FEED1

The Hill's Morning Report — Voters send Democrats stern warnings on crime

Editor’s note: The Hill’s Morning Report is our daily newsletter that dives deep into Washington’s agenda. To subscribe, click here or fill out the box below.

Chicago Mayor Lori Lightfoot’s defeat on Tuesday reinforced voters’ message to Democrats that leaders must tackle crime and improve public safety. After four years in office, the mayor failed to make it into an April 4 runoff.

It was a message voters sent to New York Gov. Kathy Hochul (D) and to Democrats running for House seats in the Empire State last fall. Former Speaker Nancy Pelosi (D-Calif.) told The New York Times that Hochul’s late-cycle attention to crime issues contributed to Republicans’ success in flipping four House seats in New York, the most in any state in the midterms.

The Hill’s Niall Stanage writes that the trend is clear: Fed-up voters in June opted to recall progressive former San Francisco District Attorney Chesa Boudin, while Democratic attitudes about crime nationwide are adding to party challenges among working class and Latino voters, according to analysts.

The New York Times: Chicago’s choice points to a Democratic divide the GOP hopes to exploit. 

President Biden — who juggles judicial and racial equity, gun control and backing for police and law enforcement — may run headlong into a new District of Columbia law opposed in Congress. It would relax sentences for many crimes in Washington and was initially vetoed by Mayor Muriel Bowser (D) before the D.C. City Council unanimously overruled her.

Senate Republicans are trying to put the squeeze on Democrats ahead of an expected vote on that legislation next week, reports The Hill’s Al Weaver. The measure would eliminate most mandatory sentences, lower penalties for some violent offenses, including carjackings and robberies, and expand the requirement for jury trials in most misdemeanor cases. The vote will be close.

Biden could veto a resolution of disapproval and argue an infringement of D.C. home rule, but the GOP would continue to attack the White House and Democratic candidates as soft on crime all the way to November 2024.

“Why the D.C. City Council against the wishes of the mayor in the same party would be downgrading certain offenses — it just defies common sense,” Sen. Shelley Moore Capito (R-W.Va.) told The Hill. “I think it will be difficult for anybody [to vote against the resolution] and I think it will be difficult for the president to veto it.”

The Hill: Biden is effectively running for a second term in advance of officially announcing his decision. Just ask first lady Jill Biden (The Washington Post).

Meanwhile, Republicans are not without divisions and drama. The Hill’s Brett Samuels returns to the theme of personality vs. policy among GOP presidential hopefuls. So far, there are two widely known candidates in the 2024 race, and one of them, former President Trump, may have reclaimed his supporters’ enthusiasm enough to send Florida Republican Gov. Ron DeSantis a pointed message.  

DeSantis, who is expected to decide this spring whether he’ll mount a 2024 primary challenge to Trump, has fallen below the former president, 47 percent to the governor’s 39 percent, in a Yahoo News/YouGov hypothetical head-to-head survey of Republicans, completed on Monday.

“Outwardly, little has transpired over the past three weeks to predict such a rapid shift in Trump’s standing,” Yahoo News reported. “Whatever the cause, Trump’s February comeback signals that going forward, many, if not most, Republicans and Republican-leaning independents will have no problem returning to their former standard bearer in the absence of some compelling, countervailing force — such as a sharp GOP challenge or a criminal conviction.”

▪ Salon: Former Gov. Chris Christie (R), who is considering a White House run, predicts to conservative radio host Hugh Hewitt that Trump could be indicted in New York before the 2024 primary. Christie says the former president lacks “intellectual curiosity. And you know, you can’t have a lack of intellectual curiosity, in my view, and be everything you should be as president of the United States.”  

▪ Politico: Trump ties Republicans in knots over Medicare and Social Security.

▪ The Wall Street Journal: DeSantis and other Florida officials said on Tuesday that a federal lawsuit over migrants flown last year from Texas to Massachusetts on DeSantis’s orders should be dismissed.

▪ The Washington Post: Last year, ahead of a raid at Mar-a-Lago to remove classified documents under subpoena, the FBI and federal prosecutors argued over Trump.

Related Articles

▪ The Hill: Five things to watch at the Conservative Political Action Conference. 

▪ Politico: Trump is poised for a CPAC love fest or face plant. There is no in between.

▪ The Hill: Former Vice President Pence disagrees with presidential candidate Nikki Haley’s call for mental competency tests for politicians 75 and older: “The American people can sort that out.” 

▪ The Hill: Why Michigan Republicans are fretting about 2024.  

▪ The Hill: Senate Majority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Hakeem Jeffries (D-N.Y.), citing risks of “political violence,” on Wednesday asked Fox Corp. Chairman Rupert Murdoch to stop Fox News hosts from lying about the 2020 election.

▪ Career shifts: Former Rep. Adam Kinzinger (Ill.), the “homeless Republican,” launched an ad campaign against extremism (Politico). Call her Professor Liz Cheney: The former Wyoming Republican lawmaker is joining the University of Virginia’s Center for Politics (The Hill). 

▪ Politico: Dark money and special deals: How conservative lawyer Leonard Leo and his friends benefited from his judicial activism.

LEADING THE DAY

➤ ADMINISTRATION

Attorney General Merrick Garland on Wednesday spoke before senior Republican members of the Senate Judiciary Committee, where he was grilled about the nation’s fentanyl crisis, the flow of drugs and migrants over the U.S.-Mexico border and the Justice Department’s stance on mandatory minimum sentences.

The hearing grew heated when Sen. Ted Cruz (R-Texas) accused the Justice Department of showing little urgency in protecting Supreme Court justices from protesters after a decision last summer overturning Roe v. Wade. The exchange was one of the few times Garland raised his voice during the hearing, noting the Dobbs v. Jackson Women’s Health Organization decision prompted the first time in history that U.S. Marshals were asked to provide 24/7 security at the homes of Supreme Court justices. It was up to agents themselves, however, whether to arrest anyone who approached justices’ homes (The Hill).

“Senator, you asked me whether I sat on my hands and [it was] quite the opposite. I sent 70 United States Marshals to defend [their homes],” Garland said before being cut off by Cruz. “The marshals on scene — they do make the decision over whether to make an arrest.”

▪ CNN: Takeaways from Garland’s Senate Judiciary Committee hearing.

▪ Politico: Garland promises free rein for prosecutors probing Hunter Biden.

“Havana syndrome,” the mysterious ailment befalling U.S. personnel abroad, did not result from the actions of a foreign adversary, according to an intelligence report first detailed by The Washington Post. Its conclusion shatters a long-disputed theory that hundreds of U.S. personnel were targeted by and fell ill due to a clandestine enemy wielding energy waves as a weapon.

The new assessment caps a years-long effort by the CIA and several other intelligence agencies to explain why many serving in U.S. missions around the world experienced what they described as strange and painful acoustic sensations — some so severe they cut short careers. But some are questioning the findings. Mark Zaid, an attorney representing roughly two dozen people experiencing symptoms, dismissed the report, arguing that “absence of evidence is not evidence of absence” (The Hill).

“Until the shrouds of secrecy are lifted and the analysis that led to today’s assertions are available and subject to proper challenge, the alleged conclusions are substantially worthless,” he said in a statement. “But the damage it has caused to the morale of the victims, particularly by deflecting from the governments’ failure to evaluate all the evidence, is real and must be condemned.”

▪ Bloomberg Businessweek: Commerce Secretary Gina Raimondo becomes a China player in a job where her predecessor used to take a nap.

▪ The Hill: Biden administration unveils long-awaited national cyber strategy.

▪ ABC News: Biden begins push for funding for pandemic fraud measures.

➤ CONGRESS 

The Senate, in a rebuke to the Biden administration on Wednesday, voted 50 to 46 to disapprove an environmental, social and corporate-governance (ESG) regulation covering retirement funds (The Hill and The Wall Street Journal). The measure, approved Tuesday by the Republican-controlled House by a vote of 216-204, now goes to Biden’s desk where it is expected to be vetoed, which would be a first for the president. Democratic Sens. Joe Manchin (W.Va.) and Jon Tester (Mont.), who are both up for re-election, voted with Republicans to overturn the Biden regulation, while newly-Independent Sen. Kyrsten Sinema (Ariz.) voted no. 

The Senate agreed with the House to roll back a Labor Department rule that allows retirement fund managers to take into consideration factors such as climate change when investing in retirement accounts. Lawmakers objected that the rule would politicize investor and free market decision making (Reuters).

A bipartisan group of senators on Wednesday proposed legislation to mandate that the Transportation Department tighten safety rules for freight rail, marking the first bipartisan activity on the issue since the train derailment in East Palestine, Ohio, last month. The measure, introduced by Ohio Sens. Sherrod Brown (D) and J.D. Vance (R) would increase fines for safety violations by rail carriers, authorize $27 million for research on safety improvements, and strengthen notification and inspection requirements for trains carrying hazardous materials. The bill’s bipartisan nature indicates it may be able to get traction in the Senate, though its future in the Republican-majority House is up in the air (The New York Times).

“It shouldn’t take a massive railroad disaster for elected officials to put partisanship aside and work together for the people we serve — not corporations like Norfolk Southern,” Brown said in a statement. “Rail lobbyists have fought for years to protect their profits at the expense of communities like East Palestine and Steubenville and Sandusky.”

The Washington Post: Biden aides weigh economic aid for East Palestine after derailment.

Speaker Kevin McCarthy (R-Calif.) has invited the director of the nonpartisan Congressional Budget Office, Phillip Swagel, in for a full House briefing next Wednesday to discuss its recently released annual budget outlook. The move comes after a slow start to negotiations between McCarthy and President Biden over Republican demands for spending reductions as a condition of raising the debt ceiling (The Hill).

In an interview with The Washington Post, McCarthy said he wants to treat the event with the seriousness of a classified briefing. It will be held in the congressional auditorium, which is used for actual classified briefings and rare events. 

“I thought we usually only use the auditorium for really special things like classified briefings on issues that are so big,” he said. “I think this issue is so big.”

McCarthy said he chose Swagel, whose office put out a new debt projection last month, because he’s a nonpartisan figure. As the U.S. heads toward a possible default on its debt in June, Republicans said they’re willing to risk a default if Democrats don’t agree to spending cuts in exchange for raising the government’s borrowing limit. Democrats and the White House, meanwhile, say they won’t negotiate over the debt ceiling.

▪ The Hill: More Americans disapprove of McCarthy sharing Jan. 6 footage with Fox News host Tucker Carlson than approve, poll says.

▪ CBS News: Senior McCarthy aide, House Oversight chairman each met with mother of Jan. 6 rioter Ashli Babbitt.

▪ The Hill: Democrats brace for Carlson Jan. 6 footage.

Rep. James Comer (R-Ky.), chairman of the House Oversight and Accountability Committee, made comments during a podcast on Monday criticizing a Trump-appointed U.S. attorney for not prosecuting the president’s late son, Beau Biden, when he was alive. The White House slammed the notion as “despicable” (The Washington Post). 

▪ Vox: For now, the one thing Congress seems to agree on is China.

▪ CNBC: Sen. Bernie Sanders (I-Vt.) calls for a vote on a possible subpoena for Starbucks CEO Howard Schultz over allegations of union-busting.

▪ USA Today: With COVID-19 on the wane, Congress is back to global travel, on your dime.

▪ The Hill: Joni Mitchell honored with Library of Congress’s Gershwin Prize.

Truth & Consequences? Embattled Rep. George Santos (R-N.Y.) is back in the headlines.

Rep. Anthony D’Esposito (N.Y.) — who was the first House Republican to call on Santos to resign amid questions about his biography and finances — is eyeing legislation that would prevent Santos from profiting off his fabrications if he is convicted of an offense involving financial or campaign finance fraud, intensifying his opposition to Santos amid the lawmaker’s growing controversy (The Hill). Meanwhile, D’Esposito and Rep. Marc Molinaro (R-N.Y.) on Tuesday came out in favor of expulsion.

“His dishonesty is so extensive, and with so many ongoing investigations, he has eroded his ability to serve,” Molinaro told Bloomberg News. “That he doesn’t see this or seemingly understand or care about the damage he’s doing to the institution, his constituents and himself — is so troubling there’s nothing less that should happen. His dishonesty is fundamentally destructive.”

IN FOCUS/SHARP TAKES

➤ INTERNATIONAL 

Ukraine has sent reinforcements to Bakhmut, according to a senior official, signaling the intensity of fighting in a city that has become a crucible in the east of the country as Russian forces gradually tighten their grip. Ukrainian soldiers have held out in Bakhmut for months, and the death toll has been staggering on both sides. As Russian forces have been rushed to the front line in the east, Ukrainian forces have inflicted thousands of casualties, even at a high cost to their own fighters.

But Alexander Rodnyansky, an aide to Ukrainian President Volodymyr Zelensky, said Wednesday that his country’s military “would retreat, or they would give up strategically Bakhmut if they believed the costs of holding Bakhmut outweighed the benefits” (The New York Times and USA Today).

Russian Deputy Foreign Minister Sergei Ryabkov on Wednesday said Moscow would not review its suspension of the New START nuclear arms treaty with the U.S. until Washington changed its policy on Ukraine, Interfax reported (Yahoo News).

▪ The New York Times: In an epic battle of tanks, Russia was routed, repeating earlier mistakes.

▪ Reuters: Soils of war: The toxic legacy for Ukraine’s breadbasket.

▪ The Washington Post: One Kyiv apartment building coping with power outages shows the day-to-day toll of war in Ukraine away from the front line.

A key autocratic ally of Russian President Vladimir Putin arrived in China for a state visit this week amid warnings from U.S. officials that Beijing may be considering aiding Moscow in its assault on Ukraine. 

Belarusian President Alexander Lukashenko will stay in China until Thursday and meet with Chinese leader Xi Jinping to discuss a range of issues. His trip comes after the two leaders agreed to upgrade their countries’ ties to an “all-weather comprehensive strategic partnership” during a September meeting on the sidelines of the Shanghai Cooperation Organization summit.

China and Belarus called for a cease-fire and negotiations to end the war between Russia and Ukraine Wednesday, essentially endorsing the 12-point plan for settling the conflict that China revealed last week (The Hill and CNN).

Reuters: U.S. seeks allies’ backing for possible China sanctions over Ukraine war.

▪ The Guardian: King Charles III hosting European Commission President Ursula von der Leyen was “not unusual,” insists minister.

▪ Politico EU: British Prime Minister Rishi Sunak has his Brexit deal. Now he has to wait for the Democratic Unionist Party of Northern Ireland to give its verdict.

▪ The Washington Post: Why Greta Thunberg is protesting wind farms in Norway.

▪ Bloomberg News: Greek infrastructure and transportation minister resigns after deadly train crash on Tuesday. 

▪ The New York Times: How an Israeli raid on a safe house ended with civilians killed.

A Nigerian opposition party has said it will launch a legal challenge after Bola Ahmed Tinubu was on Wednesday declared the winner of the country’s controversial presidential elections. Tinubu represents the same party as outgoing President Muhammadu Buhari, who Tinubu said he helped propel to the top seat in 2015.

After decades spent behind the scenes, Tinubu launched his campaign for the presidency with the motto: “It’s my turn.” His opponents have called for the election to be held again after long delays at polling stations and allegations of vote rigging (CNN). 

Time magazine: Nigeria’s disputed presidential election results, explained.

Here are the world’s most, and least, democratic countries in 2022 (The Economist).

OPINION

■ Is the Chicago Teachers Union the new machine? by The Chicago Tribune editorial board. https://bit.ly/3Zcf00a

■ Biden is pretty good at being president. He should run again, by Dylan Matthews, senior correspondent, Vox. https://bit.ly/3Yd1Yyf

WHERE AND WHEN

📲 Ask The Hill: Share a news query tied to an expert journalist’s insights: The Hill launched something new and (we hope) engaging via text with Editor-in-Chief Bob Cusack. Learn more and sign up HERE.

The House will convene on Friday at 9 a.m. 

The Senate meets at 10 a.m. 

The president will receive the President’s Daily Brief at 9:30 a.m. Biden will travel to the Capitol to speak at 1 p.m. to a closed Senate Democratic Caucus lunch and return to the White House. 

Vice President Harris will join a House Democratic Caucus retreat in Baltimore at 10 a.m. to participate in a moderated conversation, which will be closed to the press.

Secretary of State Antony Blinken today is in New Delhi, India, to participate in the Group of 20 foreign ministers’ meeting. He will also hold bilateral meetings with his counterparts from India, Brazil, the Netherlands and Indonesia. Blinken will meet with Indian Prime Minister Narendra Modi at 5:45 p.m. local time, after which the secretary will hold a press conference.

Treasury Secretary Janet Yellen is scheduled to meet this morning with European Commission Executive Vice President Valdis Dombrovskis to discuss energy supplies, Ukraine and Russia. 

Health and Human Services Secretary Xavier Becerra will visit Moravia Park Elementary School in Baltimore, Md., today for a roundtable discussion at 9 a.m. about maternal mental health. Joining him will be Rep. Steny Hoyer (D-Md.) and Baltimore Mayor Brandon Scott (D).

Economic indicator: The Labor Department at 8:30 a.m. will report on claims for unemployment benefits filed in the week ending Feb. 25.

Second gentleman Doug Emhoff will be in Seattle to speak at a Democratic finance event at 12:45 p.m. PT.

The White House daily press briefing is scheduled at 2:30 p.m.

ELSEWHERE

➤ ECONOMY

Don’t worry about that weird extra form you got from the IRS — for now. If you got a new kind of form from the IRS this year that you’ve never seen before and aren’t sure what to do with it, it may be a 1099-K. As The Hill’s Tobias Burns reports, it’s for selling stuff on Venmo, Paypal, Cashapp, Ticketmaster and similar third-party cash transfer apps, and due to some last-minute rule changes by the IRS, it’s generating a lot of confusion among taxpayers and tax professionals — and even within the IRS itself. 

Meanwhile, cities across the country are struggling with revenue — in part as downtown areas with high percentages of office buildings never reached pre-pandemic utility levels. In Washington, D.C., a massive budget shortfall will likely put free Metrobus rides and other programs on hold, and the mayor says some government jobs could be at risk. According to revenue estimates released Tuesday, the District faces an $81 million shortfall in fiscal 2024, which begins this October. The city blames a deteriorating real property market for the loss in tax revenue, mostly due to empty storefronts and office buildings downtown.

“I have to say they’re not unexpected,” D.C.’s mayor said of the budget estimates (NBC 4 Washington).

In other parts of the country, transit agencies are budgeting the last of their pandemic-era federal relief and looking ahead to big, ongoing deficits. In California, the Bay Area Rapid Transit is facing $300 million budget deficits every year after pandemic-era federal relief dries up due to lost ridership. 

Other transit agencies around the country are facing similar budget shortfalls and a dearth of easy solutions as they expect ridership to recover slowly (Governing). In New York, the governor’s budget proposal includes a multiyear plan to help bail out New York City’s ailing subway system, which is facing a nearly $3 billion budget gap (The New York Times).

Forbes: New York City is losing out on $12 billion annually because of remote work.

➤ HEALTH & PANDEMIC

In a breakthrough that will help millions of Americans afford the drug insulin, drug maker Eli Lilly announced on Wednesday that it will cap the monthly out-of-pocket cost of its insulin products at $35. More than 30 million Americans live with diabetes and more than 7 million of them are dependent on insulin medication (The New York Times). The company said it will drop some list prices for its most common insulin products by 70 percent by late this year, lowering some costs to $25 (Reuters).

▪ Vox: We don’t need to know how this pandemic started to stop the next one.

▪ CNN: COVID-19 vaccine maker Novavax says it may not survive.

▪ The Washington Post: FDA to restrict imports of “tranq,” animal sedative tied to drug overdoses.

▪ The New York Times: This revolutionary stroke treatment will save millions of lives. Eventually.

More than half of all LGBTQ adults in America identify as bisexual, according to a new Gallup poll, a finding that may reshape the national conversation on how human sexuality works. As The Hill’s Daniel de Visé reports, young Americans, and young women in particular, have embraced the notion of sexuality as fluid. Fifteen percent of young adults now identify as bisexual, and bisexual women outnumber bisexual men three to one.  

The Washington Post: New state bills restrict transgender health care — for adults.

Information about the availability of COVID-19 vaccine and booster shots can be found at Vaccines.gov. 

Total U.S. coronavirus deaths reported as of this morning, according to Johns Hopkins University (trackers all vary slightly): 1,120,848. Current U.S. COVID-19 deaths are 2,407 for the week, according to the Centers for Disease Control and Prevention. (The CDC shifted its tally of available data from daily to weekly, now reported on Fridays.)

THE CLOSER

Take Our Morning Report Quiz

And finally … 🍀 It’s Thursday, which means it’s time for this week’s Morning Report Quiz! Inspired by the green good luck of March and the magic of spring, we’re eager for some smart guesses about mythical creatures flitting through headlines, past and present. 

Be sure to email your responses to asimendinger@thehill.com and kkarisch@thehill.com — please add “Quiz” to your subject line. Winners who submit correct answers will enjoy some richly deserved newsletter fame on Friday.

This week in Congress, Democrats and Republicans resumed debating tax cuts and anxieties about deficit spending. Which former U.S. president said, “The great economic expansion our country has enjoyed has had more to do with low tax rates, deregulation and responsible federal policies than with leprechauns. In fact, the only people who still seem to believe in … leprechauns are those who’ve tried to tell us that if we only raise taxes, the budget deficit will disappear.”

1. Richard Nixon
2. Ronald Reagan
3. Gerald R. Ford
4. Donald Trump

This week in Mexico, President Andrés Manuel López Obrador claimed to have photographic “proof” of a creature from Mayan folklore known as ________.

1. An alux
2. Loco
3. Andres
4. Itzamna

In headlines this week about Musketeers, what is the ELF?

1. Elfin Lore Federation
2. Empire Lunge Force
3. Executive Leadership Foundation
4. European League of Football

In recent news coverage, “PIXY” referred to ______ ?

1. A K-pop girl group
2. Stock symbol for a human resources platform company
3. A drone
4. All of the above

Stay Engaged

We want to hear from you! Email: Alexis Simendinger and Kristina Karisch. Follow us on Twitter (@asimendinger and @kristinakarisch) and suggest this newsletter to friends!

Democrats plot effort to counter Tucker Carlson on Jan. 6 narrative

House Democrats are shaping a strategy to push back against the public broadcast of Jan. 6 surveillance footage recently provided by Speaker Kevin McCarthy (R-Calif.) to Fox News host Tucker Carlson, who is promising to air clips on his popular prime-time program in the coming weeks.

The process is in its early stages, and “nothing formal” has been finalized, according to a Democratic source familiar with the deliberations.

But Democrats of all stripes say they have no faith that Carlson, who has promoted conspiracy theories surrounding the Capitol rampage of Jan. 6, 2021, will use the exclusive footage to present an impartial account of the events of that day. And House Minority Leader Hakeem Jeffries (D-N.Y.) said this week that he’s in discussions with fellow Democrats about a plan to counter, if necessary, the narrative that emerges from Carlson’s segments. 

Two lawmakers in particular — Reps. Bennie Thompson (Miss.), who headed the House select committee that investigated the Capitol riot in the last Congress, and Joe Morelle (N.Y.), senior Democrat on the House Administration Committee — will play a central role in the response, Jeffries said. 

“We all should have a formal game plan as it relates to this very serious and sober issue of the security and the well-being of people who work on the Capitol complex,” Jeffries said. 

What form the strategy takes is yet to be clear. 

Thompson was among the first Democrats to respond last week after Axios broke the news that McCarthy had granted Carlson access to more than 40,000 hours of previously unreleased surveillance footage from the Jan. 6 attack, warning of “potential security risks” if the footage is used “irresponsibly.” And Democratic leaders say Thompson and the other remaining members of the Jan. 6 select committee — whose investigation spanned countless hours over 18 months — are best situated to respond to Carlson’s eventual broadcasts for the simple reason that they’re the most familiar with the details of the riot.

“J-6 members will be in a good position to respond once they see what Tucker Carlson produces,” said Rep. Ted Lieu (Calif.), vice chairman of the Democratic Caucus.

The response could feature formal statements, press conferences, social media blasts and references to the Jan. 6 committee’s depositions and other findings that might serve as a form of counterweight against Carlson’s potential claims. Other media outlets will also be able to fact-check Carlson, Lieu noted, once the footage is released more broadly, as McCarthy has promised. 

“The facts are the facts,” Thompson said. “I don’t see anything, from my vantage point, that could really discredit the work of our committee.”

Carlson had initially boasted of having “unfettered access” to the Jan. 6 footage, but McCarthy and other Republicans stepped in this week to clarify that, while Fox producers are welcome to view the full video library, no footage will be released for broadcast without being screened to ensure it won’t compromise the security of the Capitol complex.

Thompson, however, said it’s too early to praise those steps until GOP leaders compose formal guidelines governing the security protocols, to include screenings by the Capitol Police and password protected access to the footage.  

“If they don’t have anything in writing … then I say it’s a bad idea,” Thompson said. “If it mirrors the process we had in place, no problem at all.”  

Rep. Barry Loudermilk (R-Ga.), chairman of the House Administration Subcommittee on Oversight, said his panel is working to draft those protocols, though the timeline of their release remains uncertain. 

Meanwhile, Democrats on the Administration Committee are protesting the move to grant Carlson any access to the Jan. 6 footage. 

The full committee issued a document on Tuesday outlining its oversight goals for the current term — a bipartisan plan that included a lengthy “minority views” section in which Democrats broke sharply from the Republican majority in detailing their distrust in Carlson’s commitment to objectivity based on his history of covering Jan. 6. Among his contentious claims, Carlson has downplayed the violence at the Capitol that day and promoted the idea that the riot was a “false flag” operation orchestrated by the political enemies of former President Trump. 

“Mr. Carlson has a lengthy record of lying and spreading disinformation about the January 6, 2021, attack on his television show in an apparent attempt to rewrite history,” the Democrats wrote. “Any attempts by defenders of these actions to create a false equivalence with the work of the [Jan. 6 select committee] should be dismissed.”

A spokesperson for Fox News did not respond Wednesday to a request for comment. 

McCarthy, in the immediate wake of the Capitol attack, had supported the idea of a bipartisan investigation into its cause, but reversed course after Trump voiced his opposition. As House minority leader, McCarthy declined to participate in the select committee’s investigation, calling it a partisan witch hunt against the former president. He is now defending his decision to lend Carlson first access to the unreleased surveillance footage by suggesting it will provide a kind of counterpoint to the narrative steered solely by the Trump critics on the select committee.

“I know CNN would get knowledge of subpoenas before people were given subpoenas. I know CNN was given tapes that the Jan. 6 [committee] would pick and choose, so I know they’ve had a lot of exclusives around that,” McCarthy told reporters Tuesday. 

“I want to make sure we don’t play politics like that.”

The Speaker’s decision came as he’s scrambling to secure support from Republicans wary of his voting record and concerned that he won’t represent conservative priorities in the coming policy fights with President Biden, particularly when it comes to federal spending. Carlson has been among those right-wing critics, and observers in both parties say McCarthy chose Carlson to get the first shot at the Jan. 6 footage to curry favor with the wildly popular pundit and his millions of loyal followers. 

“Kevin McCarthy seems to be somebody who is burdened neither by shame nor principle,” said Rep. Gerry Connolly (D-Va.). “And he’s damaging the institution — and damaging the country — all at the altar of his personal ambitions.”

Beyond political considerations, critics say there may also be personal factors driving McCarthy’s decision. The Jan. 6 select committee had, in a public hearing, aired video from within McCarthy’s office during the siege, showing his staffers racing to flee the pro-Trump mob — a humiliating episode for the Republican leader, who, after blaming Trump for the rampage, quickly shifted gears to downplay the violence and bash Democrats for investigating it. 

McCarthy, in recent days, has characterized that footage as its own security threat.

“[It’s] concerning to me that [the committee] put out — and CNN would play it – the exit from my office,” he said. “Never did they talk to me or the people on it.”

Complicating the Republicans’ defense of Carlson have been a series of new revelations surrounding Fox News’s coverage of the 2020 elections, which have emerged in recent days as part of a defamation lawsuit brought by Dominion Voting Systems against the network. The disclosures have revealed that Carlson was furious after Fox correctly called Arizona for Biden, suggesting the network should have withheld the truth from its viewers for the sake of ratings. 

“Fox already admits that Tucker Carlson and Sean Hannity and other hosts on their national prime-time network are not journalists. They’re entertainment hosts,” Lieu said. “So Speaker McCarthy actually didn’t give the tapes to a journalist, he gave them to an entertainment host. And we’ll see what they produce.”

Source: TEST FEED1