Why some Senate Dems aren't reveling in Trump's conviction

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May 31, 2024 View in browser   By Daniella Diaz and Ally Mutnick Presented by  With assists from POLITICO’s Congress team Sen. Jon Tester (D-Mont.) isn't racing to weigh in on a trial that is likely seen as politically motivated by the ticket-splitting voters they’ll have to win over this fall. | Andrew Harnik/AP VULNERABLE SENATE DEMS WON’T CRITICIZE CHARGED TRUMP … YET Democratic senators who are up for reelection in 2024 have a big challenge when it comes to responding to Donald Trump’s criminal conviction — especially those seeking reelection in states the former president won. Take Sens. Sherrod Brown (D-Ohio) and Jon Tester (D-Mont.), the two red-state incumbent Democrats with the toughest races this fall. Neither of them are racing to weigh in on a trial that is likely seen as politically motivated by the ticket-splitting voters they’ll have to win over this fall. In a statement to POLITICO, Brown deferred to voters on Trump’s conviction. “I'm not a lawyer or a judge but I've said from the beginning that no one is above the law. Ultimately this is up to the legal system to sort out and for the American people to decide in November,” he said. A Tester spokesperson said the senator “respects the judicial process and believes everyone should be treated fairly before the courts, and voters will have the opportunity to make their voices heard at the ballot box in November.” Both of them are in a bind. Brown and Tester need Trump voters to win reelection, and defending the verdict could anger those supporters. But if they go too far in the other direction, an avoidance of a strong stand against a convicted former president could turn off the liberals, independents, and Trump-skeptical Republicans who make up the Democrats’ core coalition. Both Sens. Jacky Rosen (D-Nev.) and Tammy Baldwin (D-Wis.) deferred to voters as well. “Every American, even a former president, is subject to the rule of law and must be held accountable for criminal actions,” Rosen said in a statement. “A jury has made its decision, and I respect our legal system and the outcome of this fair and impartial process.” And Baldwin: “No one, including a former President, is above the law." Sen. Bob Casey (D-Pa.), another vulnerable incumbent, sounded a similar note: "The former president had his day in court in front of a jury of citizens, as we all deserve, and this verdict reflects that." Meanwhile, Rep. Ruben Gallego (D-Ariz.) – who is seeking his state’s competitive open Senate seat – used Trump’s convictions in a fundraising appeal to his email list, issuing a plea for donations using the phrase "convicted felon Trump.” Gallego’s public statement was strikingly different in tone: “I respect our justice system and the rule of law. The process played out, and we should always demand accountability from our elected leaders,” he wrote in a post on X, formerly known as Twitter. Lastly, Rep. Elissa Slotkin (D-Mich.), who's seeking a competitive open Senate seat in her state, posted that the verdict was “nothing to celebrate” even as she hailed the legal system for working. “Presidents should be leaders we look up to; now, one of them is a convicted felon, found guilty by a jury of his peers,” she wrote. “The only good news is that our justice system worked, even under enormous pressure.” The cash picture: Gallego’s appeal to his email list reflects how quickly the conviction supercharged the bases of both parties — which leaves everyone trying to take advantage on the fundraising front. Republican campaign committees in the House and Senate have boasted record-high online fundraising hauls in the hours after the verdict, while Democrats appear to be walking more of a tightrope. The Democratic Senatorial Campaign Committee did not issue any public statement on the conviction. — Daniella Diaz and Ally Mutnick   A message from GE Aerospace: Today’s missions demand more from Army aviators. They need to fly farther, carrying more weight at even higher altitudes. This summer, GE Aerospace will deliver its T901 advanced engine that will power the Black Hawk helicopter to do more today and into the future. Tell Congress to fully fund the T901 engine program so the Army can meet today’s missions.   GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Friday, May 31, where we hope this weekend is quiet after the last couple of days… DR. CONGRESSMAN? House members are allowed to have a limited side hustle while in office, but doctors and dentists are essentially blocked — a ban that GOP leaders are once again attempting to change. As House Republicans press forward with their plan to pass all 12 of the annual funding bills this summer, they’ve included a caveat that would let the chamber’s medical professionals work their non-Congress gigs just like other lawmakers, with the typical limit of about $30,000 on outside income annually. Democrats are not down. Rep. Rosa DeLauro (D-Conn.), her party’s top House appropriator, argues that the proposal would create “loopholes” for outside work, “unfairly benefiting certain members and potentially creating conflicts of interest.” Rep. Andy Harris (R-Md.), an anesthesiologist and a top appropriator, is not shy about his support for the policy change House Republicans have tucked into their legislative branch funding bill. “I would hope that everyone wants healthcare professionals to maintain their skills,” Harris said, “because not everybody’s in Congress forever.” Anesthesiology is a high-earning medical specialty, with an average salary of about $340,000 in the U.S., but Harris takes issue with the assumption that he’s looking to haul in a lot of extra money. “Define lucrative. I mean, I’m not Jamie Dimon,” Harris said of the Wall Street CEO, noting that medical professionals would still be constrained to the same cap as other lawmakers. “Basically, it'd be the same amount you could earn if you're flipping burgers at McDonald's.” Rules review: The House’s restrictions for medical professionals’ income are not clear-cut. The chamber loosened the prohibition about two decades ago but never made it law, and House ethics guidance suggests some reimbursement is allowed for medical work. The Senate has its own limitations, although they’re similar. But doctors and dentists in Congress are hamstrung by the fact that practicing medicine is considered a “fiduciary relationship” in some parts of the rules, and that’s not allowed. Recruiting physicians: For years, groups like the American Medical Association and American College of Obstetricians and Gynecologists have run programs to turn doctors into candidates for public office, hoping to build up the dwindling ranks of medical professionals in Congress. While the numbers are down from past years, the Congressional Research Service counts 16 physicians in the House right now, along with five dentists, one psychologist, two pharmacists, three nurses and one emergency medical technician. — Jennifer Scholtes   A message from GE Aerospace:   TRUMP WANTS GOOD TO STOP USING HIS NAME IN VAIN Donald Trump’s campaign lawyers sent a cease and desist notice on Friday to House Freedom Caucus Chair Rep. Bob Good’s (R-Va.) campaign, requesting that he remove any mention that Trump has endorsed him ahead of his primary next month. “To be clear, neither you nor your campaign are authorized to use President Trump’s name or the Campaign’s to falsely imply their support of your candidacy,” Trump’s lawyers wrote in the letter. “We demand that you immediately cease and desist producing and displaying materials that falsely imply that President Trump endorses you or is any way supportive of your campaign.” Trump endorsed Good in his 2022 election but this time around has backed his primary opponent, Virginia state Sen. John McGuire. Good is facing a tough primary June 18 against McGuire, who also has the backing of business-minded Main Street Republicans. Good originally endorsed Florida Gov. Ron DeSantis in the party’s presidential primary before later embracing Trump, drawing criticism from Trump loyalists. Good’s campaign did not immediately respond to a request for comment. — Daniella Diaz and Meridith McGraw   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.     HUDDLE HOTDISH This is very true. KTM can’t stop thinking about this. We can’t wait to be released from your OOO purgatory next week, Hill staff. Rep. Mike Quigley (D-Ill.) had some thoughts on Rep. Rosa DeLauro (D-Conn.) declaring Connecticut the “Pizza State.”   A message from GE Aerospace: Today’s missions demand more from Army aviators. This summer, GE Aerospace will deliver its T901 advanced engine that will power the Army’s Black Hawk and Apache helicopters to do more today and into the future. The T901 engine meets modern mission demands: 50% more power, 25% better fuel efficiency, and 35% lower maintenance costs compared to the current engine. Tell Congress to fully fund the T901 engine program so Army aviators can fly farther and higher even in tougher conditions.   QUICK LINKS  Departing House Members Ask: ‘Why Am I Here?’, from Robert Draper in The New York Times Nineteen House Dems call for U.S. sanctions on the International Criminal Court, from Marc Rod in Jewish Insider Most California Republicans in competitive congressional races are silent on Trump’s conviction, from Laura J. Nelson, Seema Mehta and Julia Wick at the LA Times Manchin registering as independent in West Virginia, from Burgess Everett Cole, taking no chances, readies for primary ‘bar fight’, from Aidan Quigley at Roll Call Stabenow not endorsing in primary as Michigan’s U.S. Senate race narrows, from Lauren Gibbons and Jordyn Hermani at Bridge Michigan Henry Cuellar Aide’s Pay Shot Up After His Role in the Alleged Bribery Scheme, Records Show, from Casey Murrau and Byron Tau in NOTUS   DON’T MISS POLITICO’S ENERGY SUMMIT: The future of energy faces a crossroads in 2024 as policymakers and industry leaders shape new rules, investments and technologies. Join POLITICO’s Energy Summit on June 5 as we convene top voices to examine the shifting global policy environment in a year of major elections in the U.S. and around the world. POLITICO will examine how governments are writing and rewriting new rules for the energy future and America’s own role as a major exporter. REGISTER HERE.     TRANSITIONS  Alysa James is now senior spokesperson and advisor to Consumer Financial Protection Bureau Director Rohit Chopra. She was previously communications director for Senate Banking Chair Sherrod Brown (D-Ohio). Ian O’Keefe is departing Rep. Derek Kilmer’s (D-Wash.) office as communications director after five years on Capitol Hill. MONDAY IN CONGRESS The House and Senate are in session. MONDAY AROUND THE HILL 6:50 p.m. Rep.-elect Vince Fong (R-Calif.) will be sworn-in on the House floor. He will hold a ceremonial swearing-in with Speaker Mike Johnson at 7 p.m. in H-217. TRIVIA THURSDAY’S ANSWER: Kevin Diestelow was the first to correctly guess that Liz Cheney and Ben Quayle are the two children of living vice presidents who have served in Congress. TODAY’S QUESTION, from the Hill team: Who was the first FLOTUS to hold regular press conferences and write daily newspaper columns? 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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