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Axios Hill Leaders

Black Democratic leaders in Congress are concerned that President Biden's desire to look strong on crime could undermine efforts to make the criminal justice system fairer to people of color.

Why it matters: Biden's decision not to veto a Republican-backed resolution blocking changes to D.C.'s criminal code surprised leading Black Democrats, who cited two concerns:

It could overturn a criminal reform plan by the D.C. Council, which overrode Mayor Muriel Bowser's veto to approve softer penalties for some violent crimes. Democratic presidents and members of Congress typically have emphasized support for allowing D.C. to govern itself. 

It raised concerns in the Congressional Black Caucus (CBC) that proposals for housing, education and mental health assistance in high-crime communities will be overrun by more "lock 'em up" policies like those that defined criminal justice in the 1990s. Many Black Democrats argue that such policies disproportionately affected people of color.   

Another concern to some in the caucus: They didn't get a heads-up on the move by Biden, a fellow Democrat.

"That's news to me," Democrat Eleanor Holmes Norton, D.C.'s non-voting delegate, said Thursday when Axios told her of Biden's move. "I am very disappointed."

Biden announced his decision with a tweet: "I support D.C. Statehood and home-rule — but I don’t support some of the changes D.C. Council put forward over the Mayor’s objections — such as lowering penalties for carjackings."

Driving the news: House Republicans are championing a tough approach to rising crime to try to paint Democrats as weak on the issue in the run-up to the 2024 elections. 

 The GOP-led House's rejection of the D.C. law drew support from several Democrats. It symbolized Republicans' efforts to make Democrats — particularly those from politically divided districts who could be vulnerable in 2024 — vote against issues their party typically supports. 

GOP Conference Chair Rep. Elise Stefanik (R-N.Y.) told Axios: "For the past two years, far left Democrats' 'defund the police' movement and soft-on-crime policies have created a violent crime crisis in America, and nowhere is that crisis more evident than our nation's capital."

Nearly all members of the Congressional Black Caucus voted against the GOP resolution, citing data indicating that harsh penalties do not significantly reduce violent crime. 

Rep. Don Davis (D-N.C.), a member of the centrist New Democrat Coalition, was the only CBC member who backed the GOP resolution. 

A look back: During the 2020 presidential campaign, some progressives criticized Biden for his role as a U.S. senator in helping to write the 1994 Crime Bill that encouraged harsher sentences and prison-building. 

Back then, most of the Congressional Black Caucus supported the bill, a reflection of how crack cocaine was ravaging many communities.

What's next: The CBC on Thursday asked Attorney General Merrick Garland for an update on an executive order Biden issued in May 2022 aimed at reforming policing. 

CBC Chair Rep. Steven Horsford (D-Nev.) wrote: "While the CBC commends the Biden administration's executive order, which represents the most substantial federal action on police reform since George Floyd's murder in 2020, we are concerned about the status of the order's implementation."

The caucus wants to know the progress of a law enforcement accountability database and grants aimed at making policing safer. 

CBC leaders met with Biden recently to discuss a strategy to address police violence, a major concern among Black voters who backed Biden in 2020.

What we're watching: The GOP resolution rejecting the D.C. law now moves to the Senate, which Democrats control. 

Horsford told Axios: "We need to make sure the Senate understands the full effect of taking away representation from the residents of D.C."

Black Democrats see risks in Biden's move on crime

Dems fear anti-crime push could hurt efforts to improve justice system.

Del. Eleanor Holmes Norton (D-D.C.) speaks during a House Oversight committee hearing on gun violence last June. (Photo by Andrew Harnik-Pool/Getty Images)

Del. Eleanor Holmes Norton (D-D.C.) speaks at a House hearing on gun violence last June. (Photo by Andrew Harnik-Pool/Getty Images)

Crime

Black Democratic leaders in Congress are concerned that President Biden&#x27;s desire to look strong on crime could undermine efforts to make the criminal justice system fairer to people of color.Why it matters: Biden&#x27;s decision not to veto a Republican-backed resolution blocking changes to D.C.&#x27;s criminal code surprised leading Black Democrats, who cited two concerns:<ul><li>It could overturn a criminal reform plan by the D.C. Council, which overrode Mayor Muriel Bowser&#x27;s veto to approve softer penalties for some violent crimes. Democratic presidents and members of Congress typically have emphasized support for allowing D.C. to govern itself. </li><li>It raised concerns in the Congressional Black Caucus (CBC) that proposals for housing, education and mental health assistance in high-crime communities will be overrun by more &quot;lock &#x27;em up&quot; policies like those that defined criminal justice in the 1990s. Many Black Democrats argue that such policies disproportionately affected people of color. </li></ul>Another concern to some in the caucus: They didn&#x27;t get a heads-up on the move by Biden, a fellow Democrat.<ul><li>&quot;That&#x27;s news to me,&quot; Democrat Eleanor Holmes Norton, D.C.&#x27;s non-voting delegate, said Thursday when Axios told her of Biden&#x27;s move. &quot;I am very disappointed.&quot;</li></ul>Biden announced his decision with a tweet: &quot;I support D.C. Statehood and home-rule — but I don’t support some of the changes D.C. Council put forward over the Mayor’s objections — such as lowering penalties for carjackings.&quot;Driving the news: House Republicans are championing a tough approach to rising crime to try to paint Democrats as weak on the issue in the run-up to the 2024 elections. <ul><li> The GOP-led House&#x27;s rejection of the D.C. law drew support from several Democrats. It symbolized Republicans&#x27; efforts to make Democrats — particularly those from politically divided districts who could be vulnerable in 2024 — vote against issues their party typically supports. </li><li>GOP Conference Chair Rep. Elise Stefanik (R-N.Y.) told Axios: &quot;For the past two years, far left Democrats&#x27; &#x27;defund the police&#x27; movement and soft-on-crime policies have created a violent crime crisis in America, and nowhere is that crisis more evident than our nation&#x27;s capital.&quot;</li><li>Nearly all members of the Congressional Black Caucus voted against the GOP resolution, citing data indicating that harsh penalties do not significantly reduce violent crime. </li><li>Rep. Don Davis (D-N.C.), a member of the centrist New Democrat Coalition, was the only CBC member who backed the GOP resolution. </li></ul>A look back: During the 2020 presidential campaign, some progressives <a class="gtmContentClick" data-vars-link-text="criticized " data-vars-click-url="https://www.youtube.com/watch?v=fTeahZsOUS0" data-vars-content-id="817d6539-1b9e-4fee-8a5d-24615110a9d4" data-vars-headline="Black Democrats see risks in Biden&#x27;s move on crime" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.youtube.com/watch?v=fTeahZsOUS0" target="_blank">criticized </a>Biden for his role as a U.S. senator in <a class="gtmContentClick" data-vars-link-text="helping to write" data-vars-click-url="https://www.cnn.com/2019/06/06/politics/joe-biden-crime-bill-2020-campaign/index.html" data-vars-content-id="817d6539-1b9e-4fee-8a5d-24615110a9d4" data-vars-headline="Black Democrats see risks in Biden&#x27;s move on crime" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.cnn.com/2019/06/06/politics/joe-biden-crime-bill-2020-campaign/index.html" target="_blank">helping to write</a> the 1994 Crime Bill that encouraged harsher sentences and prison-building. <ul><li>Back then, most of the Congressional Black Caucus supported the bill, a reflection of how crack cocaine was ravaging many communities.</li></ul>What&#x27;s next: The CBC on Thursday asked Attorney General Merrick Garland for an update on an executive order Biden issued in May 2022 aimed at reforming policing. CBC Chair Rep. Steven Horsford (D-Nev.) wrote: &quot;While the CBC commends the Biden administration&#x27;s executive order, which represents the most substantial federal action on police reform since George Floyd&#x27;s murder in 2020, we are concerned about the status of the order&#x27;s implementation.&quot;<ul><li>The caucus wants to know the progress of a law enforcement accountability database and grants aimed at making policing safer. </li><li>CBC leaders <a class="gtmContentClick" data-vars-link-text="met" data-vars-click-url="https://www.ny1.com/nyc/all-boroughs/news/2023/02/02/joe-biden-police-reform-congressional-black-caucus" data-vars-content-id="817d6539-1b9e-4fee-8a5d-24615110a9d4" data-vars-headline="Black Democrats see risks in Biden&#x27;s move on crime" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.ny1.com/nyc/all-boroughs/news/2023/02/02/joe-biden-police-reform-congressional-black-caucus" target="_blank">met</a> with Biden recently to discuss a strategy to address police violence, a major concern among Black voters who backed Biden in 2020.</li></ul>What we&#x27;re watching: The GOP resolution rejecting the D.C. law now moves to the Senate, which Democrats control. <ul><li>Horsford told Axios: &quot;We need to make sure the Senate understands the full effect of taking away representation from the residents of D.C.&quot;</li></ul>

President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

House Minority Leader Hakeem Jeffries is leading Democrats in condemning remarks from Rep. Lance Gooden (R-Tex.) that suggested removing the security clearance of Chinese American lawmaker Rep. Judy Chu (D-Cal.).

Driving the news: The Democratic leader said Gooden's comments are "dangerous, unconscionable and xenophobic."

The controversy started with a Feb. 9 report by the conservative news outlet The Daily Caller, which reported that Biden appointee Dominic Ng held leadership positions in two organizations that the U.S.-China Economic and Security Review Commission considers fronts groups for an intelligence service for China's Communist Party.

The commission submits an annual report on the national security implications of the relationship between the U.S. and China.

On Feb. 15, House Republicans sent a letter asking the FBI to investigate Ng.

Ng, who is CEO and chair of East West Bank in California, was appointed chair of the Asia-Pacific Economic Cooperation Business Advisory Council.

He will play an influential role in U.S.-Asia trade relations in his new position.

That letter included a reference to Rep. Chu, saying she was an "honorary president" for the nonprofit group All America Chinese Youth Federations (AACYF) — and alleging several of the group's leaders were members of organizations deemed front groups for the CCP. The letter did not specify which individuals belonged to which groups.

On Feb. 17, Chu responded with a letter signed by other Asian American lawmakers:

“No Chinese Americans—indeed no Americans—should face suspicions of disloyalty or treason based on their ethnicity, nation of origin, or that of their family members," Chu wrote.

Chu is chair of the Congressional Asian Pacific American Caucus (CAPAC).

On Wednesday, Gooden attacked Chu's credibility on Fox News: "I’m really disappointed and shocked that someone like Judy Chu would have a security clearance and entitled to confidential intelligence briefings until this is figured out."

Gooden was responding to host Jesse Waters, who asked if "Congresswoman Chu should be looked into?

The response: Jeffries called Gooden's comments towards Chu "slanderous" and described Chu, the first Chinese American woman elected to Congress, as "a hardworking, patriotic American public servant."

Jeffries dismissed Gooden: "Look in the mirror, Lance. You have zero credibility."

Chu said in a statement: "Rep. Gooden’s comments on Fox News questioning my loyalty to the USA is absolutely outrageous."

She called Gooden's remarks racist, adding "I very much doubt that he would be spreading these lies were I not of Chinese American descent."

On Feb 25, a spokesperson from East West Bank released a statement saying suggestions that Ng "is or in the past was a foreign agent are not true."

"Mr. Ng regularly interacts with government officials and non-governmental organizations in the US and Asia," it said. "This is not somehow un-American, inappropriate, or suspicious as implied by some media accounts.

Ng said: “I am a proud American citizen who is proud to serve his country. I hold out hopes for a more inclusive America and the promise of belonging for all Americans.”

What's next: The CAPAC called on House GOP leadership to join the group in condemning "attacks on Chinese Americans, elected or otherwise" similar to those from Goodman.

"After centuries of being targeted for not being ‘American enough’ and viewed with suspicion based on looking ‘foreign,’ this type of insinuation and fear mongering only further endangers our communities," the group said in a statement.

The White House did not immediately respond to requests for comment. 

Editor's note: This story has been updated to add comment from East West Bank.

Democrats call on GOP to condemn Lance Gooden comments about Judy Chu

"Look in the mirror, Lance. You have zero credibility."

Rep. Lance Gooden. Photo: Bill Clark/CQ-Roll Call, Inc via Getty Images

China

House Minority Leader Hakeem Jeffries is leading Democrats in condemning remarks from Rep. Lance Gooden (R-Tex.) that suggested removing the security clearance of Chinese American lawmaker Rep. Judy Chu (D-Cal.).Driving the news: The Democratic leader <a class="gtmContentClick" data-vars-link-text="said" data-vars-click-url="https://democraticleader.house.gov/media/press-releases/leader-jeffries-statement-rep-lance-goodens-xenophobic-comments" data-vars-content-id="849a23fe-5726-49a6-af1a-f7e719b8cdc6" data-vars-headline="Democrats call on GOP to condemn Lance Gooden comments about Judy Chu" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://democraticleader.house.gov/media/press-releases/leader-jeffries-statement-rep-lance-goodens-xenophobic-comments" target="_blank">said</a> Gooden&#x27;s comments are &quot;dangerous, unconscionable and xenophobic.&quot;

President Biden is warning Democrats that he has low expectations for next week's budget meeting with House Speaker Kevin McCarthy.

Why it matters: The meeting could be a step toward a budget deal that leads Republicans to endorse raising the debt ceiling and avoid a government default. But Biden isn't confident McCarthy will present a plan, citing the GOP's divide over its budget priorities.

"It will be interesting to see what they want to cut and what their numbers add up to," Biden said.

He asked: "Are they going to cut Medicaid? The Affordable Care Act? Are they going to cut Medicare? Veterans benefits? Aid to rural communities? We're going to see what they're going to do."

McCarthy has urged Biden to negotiate over cuts — and has acknowledged that Social Security and Medicare are off the table — but he hasn't said what programs should be cut.

Driving the news: Biden spoke of his concerns late Wednesday at the House Democratic Caucus retreat in Baltimore.

Biden has met with McCarthy just once since the California Republican became speaker in January.

The president is scheduled to present his proposed budget next week, a plan that will aim to focus on cutting some spending while increasing government revenue.

Biden has said his plan would reduce the federal deficit — currently more than $31 trillion — by $2 trillion.

What they're saying: Democrats at the retreat blasted "extreme MAGA Republicans" for putting the U.S. government in a situation that could lead to an economically catastrophic government default on its debt. 

House Minority Leader Hakeem Jeffries (D-N.Y.) noted: "The debt ceiling was lifted three times without any rancor during the presidency of Donald Trump."

"The notion that we're going to be lectured by the people who have consistently crashed the train whenever they've held power is ridiculous," he added. 

House Assistant Democratic Leader Jim Clyburn (D-S.C.) said Wednesday that Democrats' priorities will be informing Americans of the proposals they hope to put in place to improve their quality of life. 

Zoom in: Biden repeated his refusal to eliminate programs benefitting elderly and working-class Americans.

Biden said the GOP's vocalizing a commitment to fiscal responsibility has not been matched by its actions under his predecessor. 

"Nearly 25% of the entire national debt — which took over 200 years to accumulate — was added by my predecessor in four years," he said.

What's next: Democrats plan to make the GOP's internal wrangling over the which programs to fund and cut part of the Democratic campaign to retake the House in 2024. 

"Extreme MAGA Republicans are in control of the United States House of Representatives, and that's a bad thing for the American people," Jeffries said. 

Biden doubts McCarthy ready for real talk on budget

President not confident GOP will offer a plan because of its divide over budget.

Photo: Jacquelyn Martin/AP/Bloomberg via Getty Images

Joe Biden

President Biden is warning Democrats that he has low expectations for next week&#x27;s budget meeting with House Speaker Kevin McCarthy.Why it matters: The meeting could be a step toward a budget deal that leads Republicans to endorse raising the debt ceiling and avoid a government default. But Biden isn&#x27;t confident McCarthy will present a plan, citing the GOP&#x27;s divide over its budget priorities.

Progressive lawmakers are accusing conservative Supreme Court judges of putting politics over legal analysis on President Biden's student debt forgiveness plan.

Why it matters: Those lawmakers say existing legislation gives the Biden administration the authority to eliminate debt, a decision that is in the best overall interest of the economy.

Driving the news: Several conservative justices suggested on Tuesday that lawmakers should be involved in the Biden administration's desire to eliminate about $400 billion in debt without congressional authorization.

The court has used the "major questions doctrine" to strike down Democratic priorities like environmental regulations and COVID vaccine mandates, Axios' Erin Doherty reports.

Rep. Pramila Jayapal (D-Wash.), chair of the Congressional Progressive Caucus, told Axios: "The reality is that if the Supreme Court was just looking at legal authority and not the politics, if this wasn't an extreme MAGA court that seems to be bringing things other than the legal analysis into question, I think this would be an open and shut case."

Rep. Cori Bush (D-Mo.) said in a statement: "I’ve heard from people across the country who have shared how this relief would change their lives - from being able to afford childcare, to paying their medical bills, to being able to put food on the table."

The background: Biden unveiled a plan in August 2022 that would forgive up to $20,000 of federal student loan debt for individuals who met certain income requirements.

More than 40 million people would potentially benefit from the plan, which is estimated to cost about $400 billion over 30 years.

The initiative is Biden's latest attempt to address the rising costs of higher education, an issue the Democrat first proposed on the campaign trail in 2020.

The administration has canceled more than $33 billion in student loan debt so far — more than any presidential administration in history. 

The other side: Conservative lawmakers expressed support for the several lawsuits over the president's student debt cancellation policy.

"Borrowers signed on the dotted line for their college loans and for President Biden to step in and illegally attempt to absolve their responsibility to pay these loans back does not make that debt disappear," Rep. Virginia Foxx (R-N.C.), chair of the House Committee on Education and the Workforce, told Axios.

Sen. Chuck Grassley (R-Iowa), ranking member of the Senate Budget Committee, tweeted Biden's plan "force taxpayers to foot other ppl's bills."

"SCOTUS should scrap this plan & Congress should pass my bills to give students improved tools to inform their borrowing choices," Grassley tweeted. 

What's next: SCOTUS will continue to hear arguments about the legality of Biden's plan before making a decision. 

"We are demanding that the Supreme Court just follow the law and do what's right," said Rep. Jamaal Bowman, vice chair of the Congressional Progressive Caucus.

Democrats go after Supreme Court on student debt forgiveness

"I think this would be an open and shut case."

Rep. Pramila Jayapal on February 28, 2023 in Washington, DC. Photo: Jemal Countess/Getty Images for People's Rally to Cancel Student Debt 

Student debt

Progressive lawmakers are accusing conservative Supreme Court judges of putting politics over legal analysis on President Biden&#x27;s <a class="gtmContentClick" data-vars-link-text="student debt forgiveness plan" data-vars-click-url="https://www.axios.com/2023/02/27/biden-student-loan-forgiveness-supreme-court" data-vars-content-id="f04ce7f6-db56-4a5c-b2ce-7fdadc2aabb1" data-vars-headline="Democrats go after Supreme Court on student debt forgiveness" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/02/27/biden-student-loan-forgiveness-supreme-court" target="_self">student debt forgiveness plan</a>.Why it matters: Those lawmakers say existing legislation gives the Biden administration the authority to eliminate debt, a decision that is in the best overall interest of the economy.

A group of progressive members of Congress plans to mount a public defense of the social media app TikTok against the backdrop of bipartisan efforts to facilitate a ban of the app in the U.S.

Why it matters: While opposition to TikTok has abounded on Capitol Hill, it has proven difficult to find lawmakers who will speak favorably of the Chinese-owned company amid scrutiny of its data collection practices.

Senate Intelligence Committee Chair Mark Warner (D-Va.), a leading critic of TikTok, told reporters on Wednesday he is concerned about "the notion of this many Americans' data in jeopardy, and the ability to have this platform to be used for propaganda purposes."

Driving the news: Rep. Jamaal Bowman (D-N.Y.), a member of the progressive "Squad," is holding a press conference on Wednesday evening with more than 20 TikTok creators opposing a ban of the app.

At least two fellow progressives, both co-chairs of the LGBTQ+ Equality Caucus, will join Bowman: Reps. Mark Pocan (D-Wisc.) and Robert Garcia (D-Calif.).

Bowman is one of several Democratic House members who have built a large TikTok following – the former middle school principal has amassed nearly 160,000 followers on the app.

"More than 150 million Americans, including 5 million U.S. businesses, use TikTok to inspire creativity, bring joy, and support their livelihoods," says his advisory announcing the press conference.

Between the lines: The hesitation to banning TikTok doesn’t end at those three members – though others aren’t ready to come out forcefully against a ban.

An aide to another progressive member said their boss has reservations, telling Axios that Bowman is speaking to concerns shared by a lot of members about banning a hugely popular app without more information.

What they're saying: Garcia, a self-described "super-consumer" of TikTok content, told Axios, "I think there has got to be a way of ensuring that we don't disrupt a huge opportunity for the country."

The former Long Beach mayor cited the use of the app to find therapy, promote small businesses and explore LGBTQ+ identity, saying he shares the concerns of some Democrats about alienating young voters.

"This is how young people are communicating," Garcia said, "So I think there has to be a way to find a better solution than shutting TikTok down."

The other side: Reps. Mary Miller (R-Ill.), Anna Paulina Luna (R-Fla.) and Troy Nehls (R-Texas) are holding a competing "Moms Against TikTok" press conference at the Capitol on Thursday to press for a ban.

The speakers include a staffer for the conservative Heritage Foundation and Chaya Raichik, the operator of "Libs of TikTok."

The state of play: The Biden administration is pressing TikTok's Chinese parent company ByteDance to sell its stake in the American version of the app or face a ban in the U.S., Axios' Sara Fischer and Ashley Gold reported.

TikTok CEO Shou Zi Chew plans to argue that ByteDance is "not an agent of China" and that a ban "damages the [U.S.] economy" in testimony to the House Energy and Commerce Committee on Thursday.

Both the House and the Senate have bills that would empower Biden to ban the app. The Senate bill has considerable bipartisan support.

bipartisan efforts to facilitate a ban of the app

scrutiny of its data collection practices

Axios' Sara Fischer and Ashley Gold reported

TikTok defenders emerge in Congress

Privately, other progressives in Congress have reservations about an outright ban.

Rep. Jamaal Bowman. Photo: Tom Williams/CQ-Roll Call, Inc via Getty Images.

TikTok

A group of progressive members of Congress plans to mount a public defense of the social media app TikTok against the backdrop of <a class="gtmContentClick" data-vars-link-text="bipartisan efforts to facilitate a ban of the app" data-vars-click-url="https://www.axios.com/2023/03/07/senate-tiktok-legislation-warner-thune-biden" data-vars-content-id="f4abdc3b-df50-4ce8-8793-fe3f331a529e" data-vars-headline="TikTok defenders emerge in Congress" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2023/03/07/senate-tiktok-legislation-warner-thune-biden" target="_self">bipartisan efforts to facilitate a ban of the app</a> in the U.S.Why it matters: While opposition to TikTok has abounded on Capitol Hill, it has proven difficult to find lawmakers who will speak favorably of the Chinese-owned company amid <a class="gtmContentClick" data-vars-link-text="scrutiny of its data collection practices" data-vars-click-url="https://www.reuters.com/world/us/us-nsa-director-concerned-by-tiktok-data-collection-use-influence-operations-2023-03-07/" data-vars-content-id="f4abdc3b-df50-4ce8-8793-fe3f331a529e" data-vars-headline="TikTok defenders emerge in Congress" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.reuters.com/world/us/us-nsa-director-concerned-by-tiktok-data-collection-use-influence-operations-2023-03-07/" target="_blank">scrutiny of its data collection practices</a>.

Eugene Scott

Stories

TikTok defenders emerge in Congress

Black Democrats see risks in Biden's move on crime

Biden doubts McCarthy ready for real talk on budget

Democrats go after Supreme Court on student debt forgiveness

Democrats call on GOP to condemn Lance Gooden comments about Judy Chu