STUTZMAN, CALL YOUR (POSSIBLE FUTURE) OFFICE When Marlin Stutzman retired from the House in 2016, the Indiana Republican was the focus of an ethics investigation into whether he used campaign funds to pay for a family vacation. Eight years later, Stutzman is on the verge of a comeback – advancing to the general election in Indiana’s ruby-red 3rd Congressional District. But that raises a serious question for him: If he makes a return, does the Ethics Committee probe come roaring back too? The short answer: The ethics panel has the power to bring it back, even though it closed the inquiry when Stutzman left Congress. If he’s elected again, he’s right back under their jurisdiction. Meredith McGehee, a veteran congressional ethics expert, told us: “If there was a pending inquiry, which was closed because of the vacated seat, then I would argue that there's absolutely no problem or constraint on the Ethics Committee deciding to reopen the case.” Interestingly, McGehee also couldn’t recall a precedent for a Stutzman-style case in her long career. As for whether Ethics ultimately will restart its investigation, time (and the voters in Indiana) will tell. The issue has hardly seemed on the committee’s radar, but that could all change in a couple of months. “This story was over eight years ago,” Stutzman said when asked about the possibility of the probe returning as well. The backstory: The bipartisan ethics panel had argued at the time of its previous probe that there was “substantial reason to believe that campaign funds were used to pay for a personal family trip to California.” The independent Office of Congressional Ethics, or OCE, recommended a full inquiry at the time, only for the matter to fizzle out when Stutzman lost a Senate bid and exited Congress. “The OCE staff never deviated from their preconceived view that the California trip was a ‘family’ rather than a fundraising trip and a trip during which the congressman and his family met with Indiana constituents on separate events and occasions,” OCE wrote, as POLITICO reported at the time. The vacation at the heart of the allegations: Stutzman, along with his wife and children, flew to California in August 2015, where he mixed work and pleasure. He had lined up several meetings – including with potential supporters – but the five-day trip was also filled with personal activities like touring Universal Studios, Capitol Records and the Reagan Presidential Library, according to an Office of Congressional Ethics report. His Senate campaign footed the bill for the full cost of the trip. That decision put the Hoosier at risk of violating both House rules and federal campaign law, which prohibits any campaign dollars from going towards personal expenses. Stutzman’s lawyer during the 2016 probe argued that he sought advice and got the green light from the Federal Election Commission before booking the trip. In addition to cooperating with the ethics panel’s investigation, he also reimbursed his campaign account for the money it spent on the trip, according to our reporting at the time. — Olivia Beavers and Katherine Tully-McManus GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Monday, May 13, where we found one of the bears, but no Goldilocks just yet. KILLING TRUMP’S VIBE As Donald Trump’s allies (and potential VP candidates) cycle through his Manhattan courtroom, they’ve got fresh complaints on behalf of the GOP presidential nominee. “That courtroom is the most depressing thing I’ve ever been in. Mental anguish is trying to be pushed on the Republican candidate for President of the United States. He’s been here a month,” said Sen. Tommy Tuberville (R-Ala.). Sen. J.D. Vance (R-Ohio), Rep. Nicole Malliotakis (R-N.Y.), Sen. Rick Scott (R-Fla.) and others have also appeared in the courtroom recently, and all spoke to the press to criticize the judicial process. They’re essentially acting as surrogates — as Trump himself has repeatedly gotten dinged for blatantly ignoring gag orders — and echoing his claims that he is the victim of a politically motivated justice system. As Vance, reportedly a top VP candidate, put it: “What's going on inside that courtroom is a threat to American Democracy. We cannot have a country where you get to prosecute your political opponents instead of persuading voters.” — Olivia Beavers
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