The Federal Tap: Two congressional incumbents out; roundup of federal policy changes

April 6, 2018Issue No. 107

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Week in review

On tap next week

THE WEEK IN REVIEW

Sunday, April 1

China imposes tariffs on more than 120 U.S. products in response to Trump’s steel and aluminum tariffs

China announced a 15 percent tariff on fruit and more than 120 U.S. products and a 25 percent tariff on U.S. pork and pork-related products in response to the Trump administration's tariffs on Chinese steel and aluminum. The tariffs took effect on April 2, 2018. According to a statement from the Chinese Finance Ministry, the tariffs imposed by the Trump administration on steel and aluminum “produced severe damage to our country’s interests.” The statement also explained that tariffs on U.S. goods were imposed “to protect our country’s interests and balance the damage created by the U.S. 232 measures.” On March 23, 2018, the U.S. imposed tariffs of 25 percent on steel imports and 10 percent on aluminum imports. Read more about the tariffs here.

Monday, April 2

Montana Democratic Party files suit to remove Green Party from the 2018 election ballots

The Montana Democratic Party filed a lawsuit on Monday in Lewis and Clark County District Court claiming that the state Green Party did not collect enough valid signatures to appear on the ballot. The lawsuit argues that Secretary of State Corey Stapleton (R) incorrectly certified 180 signature petitions. The lawsuit is asking for an injunction to remove the party from the June 5 primary. Six Green Party candidates have qualified for the ballot in Montana. Two candidates filed for the U.S. Senate, one for the U.S. House, and three in the state legislature.

Esty will not seek re-election

Rep. Elizabeth Esty (D-Conn.) announced that she would not seek re-election. The announcement came after she was criticized for her handling of sexual harassment allegations by her former chief of staff. She wrote in a Facebook post, “I have determined that it is in the best interest of my constituents and my family to end my time in Congress at the end of this year and not seek re-election. Too many women have been harmed by harassment in the workplace. In the terrible situation in my office, I could have and should have done better." As of April 2, 2018, 53 representatives have announced that they will not seek re-election to their U.S. House districts.

CFPB acting director issues new agency recommendations

Mick Mulvaney, acting director of the Consumer Financial Protection Bureau (CFPB), issued new recommendations for the agency in the CFPB’s semiannual report on Monday with the goal of implementing what he described as "meaningful accountability for the bureau.” The report proposes to fund the CFPB through congressional appropriations, require Congressional approval for all major agency regulations, create an inspector general within the agency, and make the CFPB director accountable to the president. “The Bureau is far too powerful, with precious little oversight of its activities,” said Mulvaney. “The power wielded by the Director of the Bureau could all too easily be used to harm consumers, destroy businesses, or arbitrarily remake American financial markets.”
The CFPB was authorized under the Dodd-Frank Act in 2010 as an independent federal agency—a type of executive agency in which the top official has cause removal protections and, therefore, is insulated from political interference by the president or other elected officials. The U.S. Court of Appeals for the D.C. Circuit upheld the constitutionality of the CFPB as an independent federal agency in January 2018. The agency is currently funded through the Federal Reserve rather than through congressional appropriations.

Candidate filing in New Jersey

Candidates interested in running for U.S. Senate or U.S. House in New Jersey had until Monday to file in the elections. In 2018, New Jersey voters will elect one U.S. Senator and 12 U.S. House Representatives. Incumbent Senator Bob Menendez (D) has announced his intention to seek re-election, as have 9 of the 12 sitting representatives. Partisan primary elections will be held on June 5, 2018, and a general election will be held on November 6, 2018.
- New Jersey is one of 8 Democratic trifectas. A state government trifecta is a term used to describe a single party government, when one political party holds three positions in a state’s government. The state gained trifecta status in 2017 with Phil Murphy’s (D) victory in the gubernatorial elections. For more information, please click here.

Tuesday, April 3

Gray and McGrath release TV ads as KY-06 Democratic primary heats up

Jim Gray and Amy McGrath are out with new campaign ads as they fight for the Democratic nomination in Kentucky’s 6th Congressional District. Gray’s ads emphasize his expressed-desire to work past partisan politics, while McGrath’s ad focuses on her motherhood and military experience. The winner of the May 22 contest will face incumbent Andy Barr (R) in the general election. Barr won re-election in 2016 by over 20 points.
The ads are the first released by Gray, who is the mayor of Lexington and ran against Rand Paul for U.S. Senate in 2016. Since entering the race in late 2017 with the encouragement of members of the Democratic Congressional Campaign Committee (DCCC), he has achieved frontrunner status by touting what he says is “his unique position” to defeat Barr in November. He won 51 percent of the District 6 vote in his 2016 Senate bid.
McGrath is no stranger to campaign advertisements. According to the Washington Post, she became a “national sensation” in August 2017 after releasing her “Told Me” ad that focused on her experience as a Navy pilot. Although McGrath lost her frontrunner status when Gray entered the race, she led in fundraising as of the end of 2017 and secured endorsements from U.S. Rep. Seth Moulton (D-Mass.) and the organization VoteVets.
Due to the DCCC’s support for Gray, whose ties to the district and ability to self-fund may give him an advantage in the general election, Vox's Ella Nilsen has called the race "an intraparty debate about how Democrats can best compete in rural, red-leaning districts.”
Also running in the primary is state Sen. Reggie Thomas. Although Thomas has not raised similar campaign funds or made national headlines, Hastings Wyman of the Southern Political Report wrote that, Gray and McGrath "could divide the electorate" and Thomas could "slip in with a plurality."

Trump administration releases list of Chinese imports that could be subject to a 25 percent tariff; China responds by threatening to impose tariffs on U.S. imports

The Trump administration released a list of Chinese imports that could be subject to a 25 percent tariff. The list targets $50 billion in Chinese imports across 1,300 categories of products, including medicines, medical equipment, machine tools, chemicals, dishwashers, televisions, automobile parts, aircraft engines, industrial robots, some semiconductor production equipment, and electric vehicles, among other goods. The list did not include shoes, clothing, mobile phones, personal computers, laptops, or furniture. It was published “[a]s part of the U.S. response to China’s unfair trade practices related to the forced transfer of U.S. technology and intellectual property. … Following USTR’s Section 301 investigation, President Trump announced in March that the United States will impose tariffs on approximately $50 billion worth of Chinese imports and take other actions in response to China’s policies that coerce American companies into transferring their technology and intellectual property to domestic Chinese enterprises,” according to the Office of the U.S. Trade Representative (USTR). The tariffs do not go into effect immediately. The items on the list will undergo a public notice and comment process and then the USTR will make a final decision about whether to impose the tariffs.
On Wednesday, China’s State Council responded to the U.S.’ list of proposed tariffs saying that it would impose tariffs on 106 types of U.S. goods, including soybeans, beef, sorghum, some commercial passenger planes, and sport-utility vehicles, among other goods. According to The Wall Street Journal, “Chinese government officials described China’s response as defensive and forced upon Beijing in hopes of compelling the U.S. into talks to ease the countries’ trade frictions.” Vice Finance Minister Zhu Guangyao called for negotiations between China and the U.S., saying, “Both sides have put their lists on the table. Now it’s time for negotiations.”

Incumbent Capuano raises $500,000 to challenger Pressley's $364,000 in Democratic primary for MA-07

Early fundraising reports are in for the first quarter of 2018 and incumbent Rep. Mike Capuano (D-Mass.) has outraised Boston City Councilor Ayanna Pressley (D) in the Democratic primary for Massachusetts' 7th Congressional District, $500,000 to $364,000.
Capuano, who was first elected to the U.S. House in 1998 and ran unopposed in his past two elections, has $1.1 million in cash on hand. Pressley's campaign did not disclose her cash reserves, but it noted that she had more than 1,500 donors and 70 percent of the contributions she received were under $100.
The primary for this safe Democratic seat is September 4, 2018.

Mississippi Senate special election poll shows likely runoff, McDaniel within striking distance of incumbent Hyde-Smith

In a Chism Strategies poll commissioned by former U.S. Secretary of Agriculture Mike Espy (D) for the U.S. Senate special election in Mississippi, Espy led the field with 34 percent support. He was followed by newly appointed Sen. Cindy Hyde-Smith (R) with 27 percent and state Sen. Chris McDaniel (R) with 21 percent. No Democrat has won a Senate seat in the state since 1982.
Because the November 6, 2018, special election to fill the Class II seat left vacant by Sen. Thad Cochran (R-Miss.) is a nonpartisan general election, a candidate would need to cross the 50 percent threshold to win outright. Otherwise, a runoff will take place on November 27, 2018. The winner will serve the remainder of Cochran's term until January 3, 2021.

Wednesday, April 4

Trump signs memorandum to deploy troops to U.S.-Mexico border

President Donald Trump signed a memorandum to deploy National Guard troops to the U.S.-Mexico border to combat "a drastic surge of illegal activity on the southern border." The memorandum stated, "The combination of illegal drugs, dangerous gang activity, and extensive illegal immigration not only threatens our safety but also undermines the rule of law. ... The situation at the border has now reached a point of crisis. The lawlessness that continues at our southern border is fundamentally incompatible with the safety, security, and sovereignty of the American people. My Administration has no choice but to act." Homeland Security Secretary Kirstjen Nielsen told reporters that she and the governors from Arizona, California, New Mexico, and Texas were working out the details of the deployment. Arizona Governor Doug Ducey (R), New Mexico Governor Susana Martinez (R), and Texas Governor Greg Abbott (R) all supported the decision. California Governor Jerry Brown (D) did not immediately comment on the move.
When asked how many National Guardsmen he wanted to send to the border, Trump said, "Anywhere from 2,000 to 4,000. We’re looking at a combination of from 2,000 to 4,000. We’re moving that along. ... And we’ll probably keep them, or a large portion of them, until such time as we get the wall."
- The previous two presidents sent guardsmen to the border for security purposes. From 2006 to 2008, President George W. Bush (R) deployed 6,000 National Guard troops to the southern border to assist the Border Patrol. In 2010 and 2011, President Barack Obama (D) sent about 1,200 guardsmen to the U.S.-Mexico border as well. According to The Wall Street Journal, “During those deployments, the troops helped augment the Border Patrol while that agency worked to add additional agents and construct new fencing. The troops, which were there mostly for training, were barred from law-enforcement activities but helped repair equipment and monitor surveillance cameras and sensors. Active-duty troops also have been sent to the border from time to time, primarily for training activities.”

Thursday, April 5

Candidate filing deadline in Tennessee

The filing deadline passed for candidates running in Tennessee elections in 2018. Federal and state offices on the ballot this year will include one U.S. Senate seat, nine U.S. House seats, governor, 17 of 33 state Senate seats, and all 99 state House seats. Local elections within Ballotpedia’s coverage scope will include school board and judicial offices in Nashville and Shelby County. Ballotpedia's featured elections in Missouri this year include the Republican primaries for Tennessee’s 2nd and 6th Congressional Districts, and well as the U.S. Senate race. The state’s primary is August 2, 2018, and the general election is on November 6, 2018.

Trump directs USTR to consider tariffs on $100 billion in imports from China

President Donald Trump said that China’s decision to release a list of proposed tariffs on 106 types of U.S. goods was unfair. China released the list in response to the Trump administration’s list of proposed tariffs on Chinese goods a day earlier. Trump directed U.S. Trade Representative Robert Lighthizer to consider imposing tariffs on an additional $100 billion in imports from China.
Trump said in a statement, “Rather than remedy its misconduct, China has chosen to harm our farmers and manufacturers. In light of China’s unfair retaliation, I have instructed the USTR to consider whether $100 billion of additional tariffs would be appropriate under section 301 and, if so, to identify the products upon which to impose such tariffs. I have also instructed the Secretary of Agriculture, with the support of other members of my Cabinet, to use his broad authority to implement a plan to protect our farmers and agricultural interests. Notwithstanding these actions, the United States is still prepared to have discussions in further support of our commitment to achieving free, fair, and reciprocal trade and to protect the technology and intellectual property of American companies and American people. Trade barriers must be taken down to enhance economic growth in America and around the world. I am committed to enabling American companies and workers to compete on a level playing field around the world, and I will never allow unfair trade practices to undermine American interests.”
China’s Commerce Ministry responded to the announcement, saying, “The Chinese side will follow suit to the end, not hesitate to pay any price, resolutely counterattack and take new comprehensive measures in response. … We will listen to its [the Trump administration’s] words and watch its actions.”

Friday, April 6

Trump administration places sanctions on Putin’s allies

The U.S. Department of the Treasury’s Office of Foreign Assets Control placed sanctions on seven Russian oligarchs and 12 companies they own or control; 17 senior Russian government officials; and a state-owned Russian weapons trading company and its subsidiary. Some of Putin’s closest allies, including Kirill Shamalov, his son-in-law, and Suleiman Kerimov, a top Putin adviser, were on the sanctions list. Treasury Secretary Steven Mnuchin said in a statement, “The Russian government operates for the disproportionate benefit of oligarchs and government elites. The Russian government engages in a range of malign activity around the globe, including continuing to occupy Crimea and instigate violence in eastern Ukraine, supplying the Assad regime with material and weaponry as they bomb their own civilians, attempting to subvert Western democracies, and malicious cyber activities. Russian oligarchs and elites who profit from this corrupt system will no longer be insulated from the consequences of their government’s destabilizing activities.” The sanctions were imposed under the Countering America’s Adversaries Through Sanctions Act (CAATSA), which was signed into law on August 2, 2017.

Rep. Blake Farenthold (R-Texas) resigns

Rep. Blake Farenthold (R-Texas) resigned from Congress effective immediately amid sexual misconduct allegations. He said in a statement, “While I planned on serving out the remainder of my term in Congress, I know in my heart it’s time for me to move along and look for new ways to serve. Leaving my service in the House, I’m able to look back at the entirety of my career in public office and say that it was well worthwhile."

Congress is in session

The Senate returns to Capitol Hill on Monday and will be in session until Friday. The House will be in session Tuesday through Friday.

SCOTUS is in session

The Supreme Court did not hear arguments this week. To learn more about this term, read our overview.

WHAT'S ON TAP NEXT WEEK

Monday, April 9

Candidate filing deadline in North Dakota

The filing deadline for candidates running in North Dakota elections will pass on April 9. Federal and state offices on the ballot this year will include one U.S. Senate seat, one at-large U.S. House seat, five state executive offices including the attorney general, 24 of 47 state Senate seats, 48 of 94 state House seats, and one of five seats on the state supreme court. This is the 31st statewide filing deadline of the 2018 election cycle. The state's primary is on June 12, and the general election is on November 6, 2018.

Thursday, April 12

Candidate filing deadline in New York

The statewide filing deadline will pass for candidates running in New York elections in 2018. Federal and state offices on the ballot this year will include one U.S. Senate seat, 27 U.S. House seats, governor, lieutenant governor, attorney general, comptroller, 63 state Senate seats, and all 150 state Assembly seats. The state’s primary is June 26, 2018, and the general election is on November 6, 2018.

Friday, April 13

Candidate filing deadline in Oklahoma

The statewide filing deadline will pass to run in Oklahoma elections in 2018. Federal and state offices on the ballot this year will include five U.S. House seats, governor, 24 of 48 state Senate seats, and all 101 state House seats, and judicial retention elections. Local elections within Ballotpedia’s coverage scope will include elections in seven Oklahoma counties. The state’s primary is June 26, 2018, and the general election is on November 6, 2018.

Where was the president last week?

On Monday, President Donald Trump first lady Melania Trump hosted the White House Easter Egg Roll Breakfast Reception and the White House Easter Egg Roll. In the afternoon, Trump met with National Economic Council Director Larry Kudlow.
On Tuesday, Trump received his daily intelligence briefing. After the briefing, Trump hosted the U.S.-Baltic Centennial Summit at the White House with Estonian President Kersti Kaljulaid, Latvian President Raimonds Vejonis, and Lithuanian President Dalia Grybauskaite. The leaders then held a press conference.
On Wednesday, Trump attended a private dinner with his supporters in Washington, D.C.
On Thursday, Trump received his daily intelligence briefing. He then traveled to White Sulphur Springs, West Virginia, to participate in a discussion about tax reform.
On Friday, Trump received his daily intelligence briefing.

Federal Judiciary

152 federal judicial vacancies
55 pending nominations
30 future federal judicial vacancies

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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