NotedDC — Criminal referral questions loom over Jan. 6 panel

The House select committee investigating the Jan. 6, 2021 attack on the U.S. Capitol isn’t ruling out pursuing criminal referrals against former President Trump, but legal experts worry it would undermine the committee’s purpose.

Committee Chair Rep. Bennie Thompson (D-Miss.) raised eyebrows Monday when he told reporters the panel would not be making any referrals. Vice Chair Rep. Liz Cheney (R-Wyo.) quickly pushed back on the comment, saying the committee has not reached a conclusion on the issue.

The rare public division from the panel drew attention to the reality of its limitations: criminal referrals don’t carry any legal weight and the Department of Justice could ignore them.

“It might be done to try and put extra pressure on or even embarrass the Justice Department, which I think would be counterproductive,” Michael Gerhardt, who served as special counsel during Trump’s second impeachment trial, told NotedDC.

“[It] unfortunately undercuts what the committee is trying to do which is to show the American people as best they can what happened on Jan. 6,” he said. “They have a lot of good evidence for that.” 

A growing number of Democrats believe the panel should issue referrals after seeing the evidence presented in the first two public hearings, The Hill’s Mike Lillis reports.

Attorney General Merrick Garland could also decide to open a criminal investigation on his own based on the evidence from the hearings, without a referral from the committee, but he has remained quiet on any possible plans.

“There’s a danger, of course, of the committee submitting it to the Justice Department and for one reason or another, the attorney general doesn’t want to go in that direction,” said Louis Fisher, a scholar in residence at the Constitutional Project.

“I think it would show there’s division among Democrats on the January 6 committee and the Department of Justice,” Fisher told NotedDC. 

What to watch: Cheney, citing a court’s conclusion, said in a video previewing Thursday’s hearing that Trump likely “violated two federal criminal statutes” when he attempted to persuade former Vice President Mike Pence to overturn the 2020 election results, hinting at more evidence that has yet to be released.

This is NotedDC, your guide to politics, policy and people of consequence in D.C. Send us tips: Elizabeth Crisp and Kelsey Carolan. Invite friends to sign up here.

White House shakes up staff ahead of midterms 

The White House has announced a series of staff changes as it prepares for the jaunt ahead leading up to the November midterm elections. While President Biden will not be on the ballot, his favorability rating will play a major role for vulnerable Democrats.

We spoke with The Hill’s Alex Gangitano about the recent staff changes, including the hiring of former Atlanta Mayor Keisha Lance Bottoms to lead engagement efforts and the promotion of Julie Chavez Rodriguez to senior adviser:

Why is the White House promoting some people and hiring new senior staff members while others in high-level positions are leaving? 

This can be seen as the president trying to solidify his team ahead of the midterms, but another component of it is that the president has faced sinking approval ratings, things are not going very well politically for the White House. This kind of reshuffling of staff could be kind of a way to bring in some fresh talent ahead of the midterms in the hopes that they could turn things around so that Democrats have a chance in this really critical election for the president.

Why was Julie Chavez Rodriguez promoted to senior adviser and what role will she play ahead of the midterms? 

She’s a really notable promotion. She’ll be the first Latina to ever hold the top West Wing staffing role. Before that she was serving as director of the White House Office of Intergovernmental Affairs, and so she’ll continue doing that role and being promoted to senior advisor and Assistant to the President. She’ll be part of his inner circle with longtime aides like Steve Ricchetti and Anita Dunn.

And then of course, she’s Latina. So that kind of voter outreach is so critical for Democrats and just to mobilize Latinos that are part of their base, trying to get independent votes and try to also just speak to Latinas about issues that are top of mind for them. Of course, rising prices, high inflation, the price of gas and food, even issues like abortion and this pending Roe v. Wade decision out of the Supreme Court.

Keisha Lance Bottoms will be the new Office of Public Engagement director. What’s the significance of this role and why did Biden tap her to fill it? 

I think the fact that she’ll be overseeing the White House Office of Public Engagement definitely speaks to their commitment to try to energize the Black vote and I think Cedric Richmond was a pretty big get for the president, who’s a Black man who came from a southern state when he served in Congress. And so when he left, it definitely raised some questions about staff turnover, what’s the next steps for him, why is he moving on from the White House? 

So I think they really needed to bring in a big name here. Lance Bottoms was considered as a potential running mate for Biden. She’s somebody who Democrats have been looking at as to how to raise her profile, since she actually really raised her profile during COVID on her handling of the pandemic in Atlanta. It kind of put her on this national map. This role makes sense for her and I think is a good replacement for Richmond in terms of a high-profile person. She’s also been working since Biden appointed her in 2021 as the vice chairwoman of civic engagement and voter protection at the DNC, so she’s been kind of in this election focused role.

Dana Remus served as the White House counsel for over a year and a half and had some pretty big successes. Why is she leaving the role now?

The White House counsel is considered one of the most challenging jobs inside of the White House. And it is very big that she is moving on here. She’s been replaced by her top deputy. She helped oversee Ketanji Brown Jackson to serve on the Supreme Court. She helped Biden fill a slew of federal bench seats. So her departure in the next month kind of also raises some questions, why somebody like this after a year and a half in the role is ready to move on.

This conversation was edited for brevity.

FIRST IN THE HILL: GENDER NEUTRAL BATHROOMS

The Hill’s Hannah Trudo reports that two top Democratic lawmakers are now backing a staffer-led effort to add more gender-neutral restrooms throughout Capitol Hill. The effort comes during Pride Month.

“All employees, interns, and visitors should have access to safe and comfortable restrooms. For members of the transgender, gender nonconforming and disability communities, that often means the availability of single stall or single- occupancy restrooms,” Reps. Katherine Clark (D-Mass.) and Hakeem Jeffries (D-N.Y.), wrote in a joint letter on the issue.

“Concern over the lack of appropriate facilities is shared by our staff and visitors who have relayed to us their stories and experiences, including Members of the LGBT Congressional Staff Association.” 
 

Read more on the effort here

Republicans gain ground in South Texas 

Democrats have more reason to worry the GOP’s push in South Texas might flip key seats in the fall after a Republican turned a district red in a special election Tuesday.

Republican Mayra Flores emerged victorious against Democrat Dan Sanchez, flipping a seat held for nearly a decade by Filemon Vela (D), who resigned in March.

Flores’s nearly 8-point margin victory will likely be an even greater incentive for Republicans to invest in the districts near the country’s southern border leading up to the midterms, especially if the Democratic candidates are more progressive.

Here’s why we are watching the races taking shape in the 15th and 28th districts: 

• The race in the 28th is ranked as a toss-up by the Cook Political Report. Rep. Henry Cuellar declared victory in the Democratic primary, but Democratic rival Jessica Cisneros requested a recount. If Cisneros is successful in a potential recount, Republicans will key in on her progressive stances on issues such as abortion. Cuellar, who is supported by Speaker Nancy Pelosi (D-Calif.), is anti-abortion, something that could help Democrats keep his seat blue.
  
• The seat in the 15th is up for grabs, currently held by Democrat Rep. Vicente Gonzalez. Democratic candidates Michelle Vallejo and Ruben Ramirez are also in a recount battle after Vallejo only led with 30 votes, according to The Texas Tribune. Vallejo’s more progressive stances could come under fire in a district that the Cook Political Report ranks as leaning Republican. 

Worth noting: Tesla CEO Elon Musk tweeted Wednesday he voted for Flores — the first time he said he ever voted GOP — and predicted a “red wave” this November. He also floated creating a super PAC for centrist candidates from all parties.

Musk previously said he wouldn’t support GOP-backed super PACs. 

Hogan plays cash cow for Murkowski 

Maryland Gov. Larry Hogan (R) is headlining a fundraiser for moderate Republican Sen. Lisa Murkowski (Alaska) on Wednesday, furthering his push to take down former President Trump’s influence in the party. 

• Murkowski is facing a primary challenge from Trump-endorsed candidate Kelly Tshibaka, who is hitting her hard for supporting some of President Biden’s initiatives.
  
• Hogan, who is flirting with a presidential bid in 2024, does not hide his disdain for Trump and other Republicans who support him. He’s held other fundraisers to boost candidates who turned against Trump, like Rep. Jaime Herrera Beutler (R-Wash.) and Georgia Gov. Brian Kemp (R). 

More from The Hill’s Max Greenwood

VIDEO RAISES QUESTIONS OVER PRE-RIOT ACTIVITIES

Rep. Barry Loudermilk (R-Ga.) is facing new questions after the committee investigating the Jan. 6, 2021 attack on the Capitol released footage of him leading people on a tour of House office buildings a day before the riot.

• The surveillance video the committee released shows a man taking photos of hallways in the Capitol complex — areas that the panel notes aren’t typically tourist attractions.
  
• The Capitol complex was closed to the general public because of COVID-19 pandemic, but members were able to privately give tours.
  
• One of the men in the Jan. 6 video was also captured in video outside the Capitol as a mob of angry Trump supporters stormed the place.

In video from the riot, the unnamed man says to Democratic lawmakers Speaker Nancy Pelosi (Calif.), Senate Majority Leader Charles Schumer (N.Y.), Rep. Jerry Nadler (N.Y.) and Rep. Alexandria Ocasio-Cortez (N.Y.): “We’re coming for you. We’re coming in like white on rice, for Pelosi, Nadler, Schumer, even you AOC. We’re coming to take you out, and pull you out by your hairs.” 

Loudermilk has pushed back over the incident, citing a letter from Capitol Police that said it didn’t find the tour to be suspicious.

• The Capitol Police letter appeared aimed at also absolving the force, noting: “We train our officers on being alert for people conducting surveillance or reconnaissance, and we do not consider any of the activities we observed as suspicious.” 
  
• “As Capitol Police confirmed, nothing about this visit with constituents was suspicious,” Loudermilk said on Twitter Wednesday afternoon. “This type of behavior is irresponsible and has real consequences — including ongoing death threats to myself, my family, and my staff.” 

The House select committee has probed whether lawmakers and then-President Trump played a role in the riot. The third hearing will take place Thursday at 1 p.m.

Loudermilk and four other Republican lawmakers have been subpoenaed to testify to the committee but have not complied with the order. 

QUOTABLE

“All companies have some impact on the environment and that impact is growing. There’s a need for an orderly transition to require disclosures.”

– Former Securities and Exchange Commission Chairman Harvey Pitt during The Hill’s Principled Profit ESG summit

ONE NUMBER TO KNOW

75

Number of basis points the Fed will raise interest rates by to combat inflation. The .75 percentage point hike is the largest increase since 1994.

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