Santos could face additional fraud charges
Trump stirs race for House Speaker
Also in today’s edition of ‘Regular Order’ for October 6, 2023:
Dems criticize Biden move to build border wall sections.
Alabama gets a new Congressional map.
Code Pink backpedals from MTG.
VIVA DE LA SANTOS. Rep. George Santos (R-NY) may not be long for the U.S. Congress. On Thursday, his former campaign treasurer, Nancy Marks, pleaded guilty to charges that she conspired with an unnamed member of Congress - (it’s not hard to figure out who that is) - to file fraudulent fundraising reports with the Federal Election Commission.
USAO EDNY. Marks pleaded guilty to conspiring with a candidate to commit wire fraud, make materially false statements, obstruct the administration of the Federal Election Commission, and commit aggravated identity theft.
MONEY. This plea bargain seems to explain where Santos got a huge infusion of money. There was no $500,000 loan - and Marks admitted she filed false documents showing big contributions in order to help Santos qualify for extra campaign help from national Republicans.
CO-CONSPIRATOR #1. In the Marks court filings, Santos is not named - but he is clearly referred to as 'Co-Conspirator #1.' "On or about November 8, 2022, Co-Conspirator #1 was elected the United States Representative for the Third Congressional District." That is George Santos.
DOCKET. There is a little bit of a mystery on the Santos court docket. Two documents - #38 and #39 - are not listed. It could be just a mistake, or there could be more charges coming. And after seeing what Marks pleaded guilty to on Thursday, Santos seems likely to face additional criminal fraud counts.
GOP SPEAKER. There is no more popular figure in the Republican Party today than former President Donald Trump. And it should be no surprise that his endorsement could determine the next Speaker of the House. Last night, Republicans were sending word that Trump was on board with Rep. Jim Jordan (R-OH), which could make him the clear favorite to replace ousted Speaker Kevin McCarthy.
PHONE CALL. In a tweet, Rep. Troy Nehls (R-TX) - who had planned to nominate Trump for Speaker next week - said Trump had told him in a phone call that he would be backing Jordan. "I believe Congress should listen," Nehls said, as he endorsed Jordan. Others followed. "I believe we should listen to the leader of our party," said Rep. Barry Moore (R-AL).
CAMPAIGN. Even before that Trump news, Jordan seemed to be gathering momentum, rolling out a number of endorsements on Thursday. "Jim Jordan has the experience and grit to lead the House," said Rep. Troy Balderson (R-OH). "I am proud to stand with him," added Rep. Scott Fitzgerald (R-WI).
BAYOU. Jordan’s main obstacle is House Majority Leader Steve Scalise, who wants to move up to replace ousted Speaker Kevin McCarthy. But I'm frankly not sure that Scalise lights people on fire the way that Jordan does.
MRS. GREENE. Despite word of a Trump decision, Rep. Marjorie Taylor Greene (R-GA) was still pressing for him to be Speaker. "I plan to nominate him in our conference meeting," said Greene. (Note: Trump was never going to be Speaker.)
RACE. Is the GOP race over? Of course not. But do you really think that House Republicans are going to rebel against Trump’s choice?
HOLDOUTS. Are there Republicans who would rather not vote for either Jordan or Scalise? I'm sure there are. But it's probably going to be a bit difficult for them to explain why they don't want to back the guy who seems to have Trump's approval.
MCCARTHY. One California Republican is still hoping that McCarthy can be returned to his post. "The only workable outcome is to restore Kevin McCarthy as Speaker," said Rep. Tom McClintock (R-CA), who cast the current GOP situation as an 'impasse.'
HOUSE GOP. Do Republicans really want to govern as a majority in the House? GOP lawmakers are very, very good at producing outrage in the media and in Congress - but what they aren't as good at is producing laws and results (that takes bipartisanship). That's my column this week in the Atlanta Journal-Constitution.
REGULAR ORDER. I want to welcome our new subscribers. It’s been a very busy last few weeks on Capitol Hill - and next week promises to be just as crazy. Since I can’t go on TV or radio to spread the word about my newsletter, support independent journalism by signing up, giving someone a gift subscription, or you can always just buy me a drink.
BORDER WALL. The White House shocked Congress on Thursday by announcing that the Biden Administration would waive certain federal laws to allow for the construction of more wall sections along the border with Mexico. "There is presently an acute and immediate need to construct physical barriers," Homeland Security Secretary Alejandro Mayorkas said.
GOP. The decision did not bring much praise for President Biden from Republicans. "It shines a spotlight on his massive failure," said Rep. Doug LaMalfa (R-CA). "Too little, too late," added Sen. Mike Crapo (R-ID). "It is high time to resume border wall construction," said Rep. John Rutherford (R-FL).
DEMS. Meanwhile, there were plenty of disappointed Democrats. "Building a border wall is equivalent to sticking our heads in the sand," said Rep. Maxwell Frost (D-FL). "The President needs to take responsibility for this decision and reverse course," said Rep. Alexandria Ocasio-Cortez (D-NY).
FEDS. Officials said the money had been approved by Congress during the Trump Administration and had to be spent. But the move smacked of an about-face by President Biden, whose administration has seen a giant surge of migrants over the border with Mexico.
MENENDEZ. There was an item placed on the court docket yesterday for indicted Sen. Bob Menendez (D-NJ) that made me sit up and take notice. It was a letter to the judge from prosecutors setting out the need for a secret conference about classified matters. What does it mean?
SURVEILLANCE. Much of the Menendez case revolves around him getting money, gold bars, and other items of value from people with connections to the Egyptian government. It could mean there is some kind of surveillance information - maybe gathered by U.S. Intelligence - related to this case.
POLL. I don't report on too many polls. But this one from New Jersey can't be ignored. It showed Menendez with only a 14 percent approval rating, versus 67 percent unfavorable. In a Democratic primary, Menendez was only getting 5 percent - FIVE PERCENT - while Rep. Andy Kim (D-NJ) was at 42 percent.
YELLOWHAMMER. A federal court has now picked a new Congressional district map for the state of Alabama, which includes two black-majority districts - something that had been sternly opposed by state Republicans. Alabama's 2nd District will now be a Biden +12 district, instead of a Trump +29. That means Democrats should win two seats from Alabama in the 2024 elections.
PRIMARY. The change could mean a Republican vs. Republican primary, as two GOP lawmakers could be thrown into the same district. Rep. Jerry Carl (R-AL) has already said that he's running again. Rep. Barry Moore (R-AL) has not announced his plans for 2024.
ALABAMA 2. The experts who rate all of the House and Senate races each election didn't waste much time on this one. The 'Crystal Ball' ranking from the folks at the University of Virginia went from 'Safe Republican' to 'Likely Democratic.'
RATINGS. How partisan has Congress become? The ratings group 'Split Ticket' has 211 Democrats favored to 202 Republicans, with just 22 tossup seats in the House. That's not a very good sign of a functioning democratic republic. There should be more contested races than just 22 of 435.
MRS. GREENE OF GEORGIA. One thing that I didn't imagine happening this week was members of the liberal group Code Pink combining forces with Rep. Marjorie Taylor Greene (R-GA). Yep - they are both opposed to more American aid to help Ukraine fight off a Russian invasion.
PINKED. "We don’t agree on most things, but we do agree Congress should stop fueling the war in Ukraine," Greene tweeted, showing off pictures of her with Code Pink activists on Capitol Hill.
BACKPEDAL. But that photo didn't sit well with Code Pink supporters, and the group quickly tried to run from Greene. "There has been some confusion about an image that was taken," Code Pink wrote on Twitter. "This picture was not initiated by our organization.
RAP SHEET. An Ohio man pleaded guilty on Friday to shooting a chemical spray at police outside the Capitol on Jan. 6. Ryan Swoope made it in through the Senate Wing Door that day, ending up in the Senate Spouse's lounge. Swoope will be sentenced on Jan. 5, 2024.
TRUMP. Lawyers for Donald Trump have asked a federal judge to dismiss his Jan. 6 indictment, claiming that he cannot be prosecuted. "The President Has Absolute Immunity from Criminal Prosecution for Actions Performed Within the “Outer Perimeter” of His Official Responsibility," the document argues.
FILING. In their 52-page brief, Trump's lawyers argue that the President must have immunity from any criminal prosecution - basically, it contends that any sitting President is above the law, period.
MUSE OF HISTORY. October 6, 1837. On this date, the House was debating whether to set up a formal investigation of 'the cause of the Florida war' - and the broader history of what we now know as the Seminole wars. "We had been told of the great extent of wilderness, of the swamps and everglades, impenetrable to the whites in which the savages concealed themselves," said Rep. Arphaxed Loomis of New York.
LEGISLATIVE PROGRAM:
The House plans to have votes next week.
The Senate next has votes on October 16.
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So Don the Con, the same guy who spent the better part of the week sitting in court listening to the pile of evidence against him in a fraud trial while trying desperately to delay four other criminal trials, just snaps his fingers and the House G🤡P members fall in line? Still? Again? Yet?
Astonishing.
The Santos news is enjoyable. A bright spot.