Why the House GOP won’t rush to impeach Austin

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Jan 09, 2024 View in browser   By Katherine Tully-McManus Presented by With assists from POLITICO’s Congress team Defense Secretary Lloyd Austin testifies on Capitol Hill on Oct. 31, 2023. | Francis Chung/POLITICO | Francis Chung/POLITICO GOP’s AUSTIN OUSTER PUSH FACES HUGE HEADWINDS Republicans are outraged by Defense Secretary Lloyd Austin’s secretive treatment of his prostate cancer diagnosis and surgery that landed him in the ICU – and plenty of Democrats are frustrated, too. But that doesn’t mean the House GOP will race to take up the Austin impeachment resolution that one of their own plans to release today. On paper, Rep. Matt Rosendale’s (R-Mont.) proposal to oust Austin from the Cabinet might look like a good opportunity for the party to exact accountability for the Pentagon chief’s attempt to hide his absence. In practice, though, the path to a House vote that recommends booting Austin is rocky … at best. There are three big reasons why: Tricky math in the House, the packed congressional to-do list and the cavernous divide between House and Senate Republicans. First, the math: It can’t be said enough that the GOP’s hold on the House majority is perilous right now. Majority Leader Steve Scalise (R-La.) won't be in Washington until next month due to cancer treatment, and Rep. Bill Johnson (R-Ohio) is leaving office this month. Which means that any hot-button vote Republicans take up will teeter on a knife’s edge, particularly an Austin ouster that’s likely to unite Democrats. (Members of President Joe Biden’s party aren’t happy with Austin’s handling of his hospitalization, which he didn’t inform the White House of for days, but there’s a long way to go between displeasure and impeachment.) Here’s a tell on the math front, in fact — Rosendale didn’t introduce his articles of impeachment as privileged, which means they don’t have a fast track to the floor. And they’re likely to sit on ice until Congress can get more details. Next, the to-do list: The House GOP is already pursuing impeachment inquiries into the president and Homeland Security Secretary Alejandro Mayorkas, a way to channel their fury over rising migration. Adding Austin to that list is no small matter when there’s also a partial shutdown to try to avert in just 10 days. What’s more likely than an impeachment trial are hefty hearings in both chambers digging into the communication breakdown while Austin was undergoing his medical procedure and then later returned to the hospital with complications. Lawmakers want more details on the decision-making behind Austin’s decision not to inform the White House that the Cabinet secretary was ill and unable to perform his duties for a period. Finally, the familiar House-Senate GOP split: House Republicans might be hungry for impeachments, but in the Democratic-controlled Senate, Republicans aren’t biting. If anything, they’re wary of trying to evict Austin before Congress can conduct thorough oversight. “Offering up articles of impeachment or even threatening him within hours and finding all this stuff out takes him off the hook in many respects, politically,” said Sen. Kevin Cramer (R-N.D.). “It's not our job to impeach every Cabinet Secretary that we disagree with or that does something dumb ... I just don't know why we would make him a victim when he's so clearly a perpetrator,” Cramer added. Sen. Mitt Romney (R-Utah) sounded a similar note: “We have a constitutional test for impeachment. And bad judgment does not qualify under the Constitution. I think what he did was seriously inappropriate — going AWOL — but impeachment is not the right course.” Alaska Sen. Lisa Murkowski (R ) lamented, with dripping sarcasm, what she called a “knee-jerk” reaction from her colleagues to impeach Mayorkas and Austin: “Let's just impeach everybody and just have it done with it — the president, the vice president, all of the Cabinet members.” As Sen. Shelley Moore Capito (R-W.Va.) put it: “We have so many other things we need to spend time on.” That said, we’re hearing some Senate GOP calls for Austin’s resignation, including from leadership member Sen. John Barrasso (R-Wyo.). Fun fact: Austin was already in the sights of the House GOP before this hospitalization debacle. Rep. Cory Mills (R-Fla.) introduced a measure to oust Austin over his handling of the U.S. military withdrawal from Afghanistan back in August. With the ominous designation of H.Res. 666, it has also not gone anywhere. Speaking of Mayorkas’ impeachment and the to-do list: House Republicans hold their first hearing Wednesday in their push to recommend ousting him. The Senate GOP is also pretty skeptical of that effort. Conservative stalwart Sen. Tommy Tuberville (R-Ala.) said Mayorkas “definitely hasn’t done his job” but questioned “where they can get the votes” in the House to impeach him. — Katherine Tully-McManus, with assists from Anthony Adragna, Burgess Everett and Ursula Perano GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Tuesday, Jan. 9, where even a quorum call is more fun than this.   A message from Electronic Payments Coalition: CREDIT UNIONS & COMMUNITY BANKS IN All 50 STATES OPPOSE THE DURBIN-MARSHALL CREDIT CARD BILL: Local credit unions and community banks serve an essential role in supporting Main Street. So, when 9,600+ credit unions and community banks throughout the country oppose the Durbin-Marshall credit card bill, Congress should pay attention. Durbin-Marshall lines the pockets of corporate mega-stores by shifting costs and risks to credit unions, community banks, and their 135 million customers. Click here to learn more.   SPENDING VIBE CHECK: ‘TIMELINE IS AWFULLY TIGHT’ If it wasn’t clear on Monday, it should be pretty obvious that Congress is going to need more time to finish writing spending bills as it heads toward a partial shutdown on Jan. 19. We talked to Senate Appropriations Chair Patty Murray (D-Wash.) about where she and other spending and party leaders are at in the process: “The timeline is awfully tight,” she said in an interview. Murray is working directly with House Appropriations Chair Kay Granger on funding levels for each subcommittee. After that, she added, each panel has to negotiate its own separate deal. “It's going to be a real challenge. … I don't have a timeline for you. We're working as hard as we can,” Murray said. Relatedly, Senate Minority Whip John Thune (R-S.D.) said Congress may need until March to finish the bills. But that’s getting panned by some appropriators as too long of a runway. "A CR until March? Oh no, that's a no,” said Sen. Brian Schatz (D-Hawaii). He’s one of the subcommittee chiefs who will be battling over those more specific funding levels. Schatz said it’s still possible to wrap up bipartisan negotiations on the first slate of less controversial spending bills by the Jan. 19 deadline — though that’s far from guaranteed. “It’s a razor's edge here,” Schatz added. “If it's too far out into the future, then we are incurring risk. If it's too quick, we're just not going to finish on time.” Serious horse-trading still needs to happen on totals for each agency and program that specific bills fund, plus policy restrictions on how the Biden administration can use the money. Schatz is prepared for a challenging back-and-forth with his House counterpart, the veteran Rep. Tom Cole (R-Okla.). Sen. Jerry Moran (R-Kan.), another subcommittee leader who has to haggle over his spending bill, also loathes the idea of a long continuing resolution. “A March CR?” said Moran. “I hate it." Moran’s area of focus, covering the Commerce, Justice and State Departments, doesn’t face a deadline until Feb. 2. But he predicted that since “it's so important for this not to linger very much longer, we will get our tasks done in the amount of time that we're given.” If lawmakers are given until March to negotiate, Moran warned, they’d still be haggling over spending totals at the end of February. —  Burgess Everett and Jennifer Scholtes     A message from Electronic Payments Coalition:   HUDDLE HOTDISH  “I read in the morning and then Huddle at night. But you changed its name. It’s hard for me to follow you,” Sen. John Barrasso (R-Wyo.) told Ursula of our new moniker. We trust that our readers, especially loyal ones like Barrasso, will come to love the Inside Congress experience as much as they did Huddle (whose name remains on our culture roundup). Ivy & Coney is not a usual watering hole for members of Congress, but maybe Rep. Debbie Dingell (D-Mich.) hanging in Shaw was Michigan’s good luck charm. You know the iconic portrait. Now Shirley Chisholm is headed to Netflix. Rep. Buddy Carter thinks he knows what Selena was saying.   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.     QUICK LINKS  Oversight Chairman James Comer’s ‘Legitimate’ Shell Company Was Shut Down—Twice, from Roger Sollenberger at The Daily Beast New York congressman’s district office besieged by anti-Israel demonstrators, from Marc Rod at Jewish Insider U.S. Capitol Police union says not enough done to improve security after Jan. 6 attack, from Jennifer Shutt at States Newsroom Tennessee Rep. Andy Ogles faces ethics complaint, comparison to George Santos, from Phil Williams at WTVF Nashville Lobster fishers sue to block monitoring laws designed to help save a rare whale, from Patrick Whittle at The Associated Press   POLITICO AT CES® 2024: We are going ALL On at CES 2024 with a special edition of the POLITICO Digital Future Daily newsletter. The CES-focused newsletter will take you inside the most powerful tech event in the world, featuring revolutionary products that cut across verticals, and insights from industry leaders that are shaping the future of innovation. The newsletter runs from Jan. 9-12 and will focus on the public policy-related aspects of the gathering. Sign up today to receive exclusive coverage of the show.     TRANSITIONS  Louie Kahn is now digital director/acting press secretary for Rep. Ami Bera (D-Calif.). He previously was congressional communications fellow for the Progressive Policy Institute, supporting the office of the New Democrat Coalition. Cecilia Belzer has been promoted to press secretary and digital director for Rep. Gabe Vasquez (D-N.M.). Lauren Limke is now government relations manager at Citizens for Responsible Energy Solutions. She most recently was legislative assistant for the House Natural Resources Committee. Amy Rutkin is joining with the firms Kasirer and NVG in partnership with her new consultancy practice, Rutkin Strategies. She is retiring this week from her longtime role as chief of staff to Rep. Jerry Nadler (D-N.Y.) and staff director on the House Judiciary Committee. Matthew Jackson is now assistant director of federal relations for the University of Kentucky. He previously was legislative assistant for Rep. Andy Barr (R-Ky.) Abigail Jung will be a defense and foreign affairs legislative assistant for Rep. Bruce Westerman (R-Ark.) . She previously was the aerospace and defense fellow for Del. James Moylan (R-Guam). TODAY IN CONGRESS The House convenes at 10 a.m. for morning hour and noon for legislative business. The Senate convenes at 10 a.m. AROUND THE HILL 10 a.m. Speaker Mike Johnson (R-La.), Majority Whip Tom Emmer (R-Minn.), Conference Chair Elise Stefanik (R-N.Y.), and Rep. Mike Flood (R-Neb.) hold a press conference. (Studio A) 10 a.m. House Judiciary Committee markup of a report recommending that the House of Representatives cite Hunter Biden for contempt of Congress. (2141 Rayburn.) 10 a.m. House Oversight Committee business meeting to consider a resolution that would recommend finding Hunter Biden in contempt of Congress for refusal to comply with a committee-issued subpoena. (2154 Rayburn) 10 a.m. House Homeland Security Committee hearing on “Havoc in the Heartland: How Secretary Mayorkas’ Failed Leadership Has Impacted the States.” (310 Cannon.) 10:45 a.m. Democratic Caucus Chair Pete Aguilar (D-Calif.), Vice Chair Ted Lieu (D-Calif.) hold a press conference. (Studio A) 1 p.m. Rep. Mike Thompson (D-Calif.), House Democratic Leadership, Rep. Dianna DeGette (D-Colo.) hold a press conference on gun violence prevention. (House Triangle) 2 p.m. Sens. Rick Scott (R-Fla.), Mike Lee (R-Utah) and Rep. Matt Rosendale (R-Mont.) hold a press conference on border funding. (Senate Studio)   A message from Electronic Payments Coalition: CREDIT UNIONS & COMMUNITY BANKS IN All 50 STATES OPPOSE THE DURBIN-MARSHALL CREDIT CARD BILL: The Durbin-Marshall credit card bill would create new government mandates on credit cards that would put consumer data and access to credit at risk. The bill would benefit corporate mega-stores, like Walmart and Target, at the expense of Main Street and the 135 million Americans who rely on credit unions and community banks. The threat of Durbin-Marshall to small financial institutions is so clear that 9,600+ credit unions and community banks in America are opposed to the bill. They also see through the so-called “carve out” for smaller banks which is a hoax to try and buy their support. Their message to Congress is simple: on behalf of credit unions and community banks in all 50 states, commit to actively opposing the Durbin-Marshall credit card bill. Click here to learn more.   TRIVIA MONDAY’S WINNER: No one answered correctly that the chandelier hanging in the Small Senate Rotunda cost $1,500 and hung in Capitol Hill United Methodist Church and a Maryland theater. We’re Inside Congress now, but keep playing trivia! TODAY’S QUESTION: This Capitol Hill structure was once called “a building whose banality is exceeded only by its expense.” The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to huddletrivia@politico.com Get Inside Congress emailed to your phone each morning. Follow Katherine on Twitter @ktullymcmanus.   Follow us

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