Cuellar’s in legal trouble, but Dems aren’t sweating his race

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May 17, 2024 View in browser   By Nicholas Wu and Daniella Diaz With assists from POLITICO’s Congress team Although most Democrats are steering clear for now, Henry Cuellar can likely count on support from a key ally: the Hispanic Caucus’ political arm BOLD PAC. | AP CUELLAR'S IN DANGER — BUT MAYBE NOT FROM GOP If Democrats are nervous about indicted Rep. Henry Cuellar’s chances at winning his seat in November and want help from their party campaign arm, they’re not showing it yet. When asked by POLITICO this week, more than a half-dozen members of the Congressional Hispanic Caucus – which previously came to the Texas Democrat’s defense – mostly passed up a chance to nudge the Democratic Congressional Campaign Committee to spend money on Cuellar. “I haven’t really thought about that. But we should do everything we can to keep the majority,” said Rep. Adriano Espaillat (D-N.Y.). Party leaders also aren’t engaging yet in the embattled congressman’s district. Rep. Suzan DelBene (D-Wash.), the chair of the DCCC, indicated Friday that Democrats view it as a blue-tinged seat that could remain in the party’s hands. “We need to let the legal process play out and that process is moving forward. But he is innocent until proven guilty and they’re going to continue the legal process there,” she said Friday at an event sponsored by the Christian Science Monitor. “That race isn’t on our map because we feel like it’s a strong district we will keep and continue to see it that way.” Cuellar was charged earlier this month with accepting $600,000 in bribes from two foreign entities. He has committed to staying in office and running for reelection, repeatedly saying he’s innocent of the charges. His Republican opponent is still unclear, with the GOP primary going to a May 28 runoff between Jay Furman and Lazaro Garza Jr. (Cuellar ran unopposed in the Democratic primary for the first time in six years, and the charges also came after Texas’ filing deadline had passed.) Although most Democrats are steering clear for now, Cuellar can likely count on support from a key ally: the Hispanic Caucus’ political arm BOLD PAC. “BOLD PAC’s first mission is to protect our incumbents,” said the group’s chair, Rep. Linda Sánchez (D-Calif.). “He is an incumbent.” Rep. Nanette Barragán, the chair of the CHC, said in a statement through her spokesperson that she was “focused on flipping the House” and “trusts Chair DelBene to allocate resources in a way that will make sure Democrats win back the House in November.” “Based on the results I have delivered for my district, I am confident that I will be reelected by my constituents and look forward to a strong victory this November,” Cuellar said in a statement to POLITICO. Zoom out: Democrats are unlikely to count Cuellar out while the legal process continues. President Joe Biden prevailed in Cuellar’s district by roughly 7 points in 2020, and Cuellar won it by about 13 points in 2022 — which followed both a tough primary and the search of his home and campaign office by federal agents. His fellow border-district Texas Democrat Rep. Vicente Gonzalez called it a “safe district” for Cuellar: “I think he'll win again, if he's on the ballot.” Flashback to the last indicted congressman: When New York Republican George Santos was indicted, then-Speaker Kevin McCarthy rescinded his endorsement and later, Santos was expelled by his own Republican colleagues. When asked about his endorsement of Cuellar, Leader Hakeem Jeffries said he had “not rescinded the endorsement." While the circumstances surrounding Santos and Cuellar’s respective indictments are different, Republicans have repeatedly called out Democrats on their position. “I’ve been clear from the start of the 118th Congress — if you’ve been indicted by the DOJ, you should resign for the good of the institution,” Rep. Mike Lawler (R-N.Y.) said Friday. “Democrats and Republicans must be consistent — like George Santos before him, Henry Cuellar must resign and if he does not, Congress must act.” — Nicholas Wu and Daniella Diaz   THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists. Our newsroom is deeper, more experienced, and better sourced than any other—with teams embedded in the world’s most active legislative and regulatory power centers. From Brussels to Washington, New York to London, Sacramento to Paris, we bring subscribers inside the conversations that determine policy outcomes and the future of industries, providing insight that cannot be found anywhere else. Get the premier news and policy intelligence service, SUBSCRIBE TO POLITICO PRO TODAY.     GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Friday, May 17, where we are so glad it’s finally the weekend. NEVER-ENDING BORDER TANGLES Democrats aren’t done with the border yet. The White House is expected to issue more border-focused executive actions and the Senate’s teasing another border vote — and there are flare ups on both ends. On the White House front: Sen. Alex Padilla (D-Calif.) has been a leading voice for Hispanic and progressive lawmakers who have been concerned with proposed border policy changes for months (to hear him tell it, they’ve been “anxious for years and years and years”). He even forecasted some consequences if Biden’s executive actions don’t include some more positive tradeoffs for immigrants, saying leaning too heavily toward border crackdowns could hurt the president come November. “I mean, everybody’s watching. I know the president. I know his heart. I know what I would like to see him do consistent with that,” Padilla said in an interview last week.Biden campaign Hispanic media director Maca Casado wrote in a statement: “On Day One, President Biden sent Congress a plan to provide a pathway to citizenship for Dreamers and expand lawful pathways for migration. President Biden will continue to fight for a fair and humane immigration system, while also strengthening our border security." And in the Senate: Sen. Chris Murphy (D-Conn.) on Thursday introduced a standalone version of the border package he’d negotiated with Sens. Kyrsten Sinema (I-Ariz.) and James Lankford (R-Okla.) earlier this year. Senate Majority Leader Chuck Schumer is expected to bring the bill up on the floor again next week. "Americans want to pass a border security bill like the one we released three months ago,” Schumer said on Thursday. But one of the writers of that legislation opposes the move. Lankford said despite his vote to approve the bill months ago, this time he would vote no. He wants the Senate to find something that will actually pass Congress — including the House. Lankford said that could involve holding separate votes on parts of that existing package or crafting a new deal altogether. “What they're talking about next week, that's not serious,” Lankford said, predicting that Schumer would lose about a dozen Democratic votes as well. “No one's actually trying to sit down and solve it right now. And that's my frustration.” — Ursula Perano   LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today.     MILLER’S NEXT MOVE IN THE GOOD WAR Rep. Carol Miller (R-W.Va.) is exacting political revenge against Rep. Bob Good (R-Va.), fresh off her victory against a primary opponent Good endorsed. Good’s primary isn’t until mid-June, and Miller is endorsing his GOP challenger John McGuire, her office first shared with POLITICO. The Freedom Caucus chair was the only House Republican to back her opponent, Derrick Evans, a former state delegate who served a prison sentence over his participation in the Jan. 6 Capitol attack. Miller handily defeated Evans, 63 percent to 37 percent. Miller might not have hit first, but she’s looking to hit harder. She’s donating to McGuire seven times the amount Good did to Evans. Miller’s campaign, leadership Super PAC, personal and family donations will total $15,000 in contributions to McGuire. And unlike Miller, Good has a few House-aligned enemies already — former Speaker Kevin McCarthy’s allies are also working to boost McGuire after Good voted to depose McCarthy last fall. “I don't ever personally speak out against any other Republican, but I always put my money where my mouth is,” Miller quipped to POLITICO. — Olivia Beavers HUDDLE HOTDISH Reps. Beth Van Duyne (R-Texas) and Rich McCormick (R-Ga.) are openly dating. Garret Graves will run for reelection in a “Capital Region”-anchored seat in Louisiana. Exact one…. Unclear. Dick Durbin called for Supreme Court Justice Samuel Alito to recuse himself from cases related to the 2020 election and the Jan. 6 Capitol attack. Money Moves: At tonight’s Minnesota GOP fundraiser featuring former President Donald Trump, Majority Whip Tom Emmer is expected to donate $100,000, a source familiar with the plan first told us. Emmer is the Minnesota State Chair for Trump’s reelection and has worked to repair his relationship with the presumptive presidential nominee. QUICK LINKS  It’s Suddenly a Lot Harder to Snag the Lowest Rung on the Washington Ladder, from Michael Schaffer Republican car dealers fuming over new Sherrod Brown ad attacking Bernie Moreno, from Andrew J. Tobias at the Cleveland Plain Dealer Indicted member of Congress steers campaign donor funds to legal fees amid bribery allegations from OpenSecrets’ Anna Massoglia TRANSITIONS  Senate Majority Leader Chuck Schumer’s national security adviser Mike Kuiken is leaving after more than seven years to pursue opportunities in the private sector. MONDAY IN CONGRESS The House is out. The Senate is in. MONDAY AROUND THE HILL Crickets. TRIVIA THURSDAY’S ANSWER: Joe Bookman was the first to correctly guess that Jonathan Elmer was the first doctor to serve in the Senate. TODAY’S QUESTION, from Joe: Which President had a living grandparent while in office? 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 us

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