If At First You Don’t Succeed

If at first you don’t succeed, try, try again.

And that’s exactly what freshman Rep. Anna Paulina Luna, R-Fla., intends to do in the coming days. Luna is intent on compelling the House of Representatives to censure Rep. Adam Schiff, D-Calif.

Most Republicans have nothing but enmity for Schiff following his role leading up to and through the impeachment trial of former President Donald Trump.

"You had Adam Schiff, who was chairman of the Intel Committee, lying day after day to the American public that he had proof (of collusion) by former President Trump with Russia," said House Speaker Kevin McCarthy, R-Calif., on Fox last month. "Now it’s time that people have consequences for their actions."

ADAM SCHIFF NOT OUT OF THE WOODSHED YET: HOP WILL MOVE AGAIN TO CONDEMN HIS ‘FALSE ACCUSATIONS’

In the spring, Luna prepped a resolution to expel Schiff. The House referred that measure to the Ethics Committee. It’s doubtful that plan was ever going anywhere. The House has only expelled five Members in history. And the Constitution dictates a two-thirds vote.

So, Luna settled on censure.

Censure is one of the three formal modes of discipline in the House – right between reprimand and expulsion. A reprimand is exactly what it sounds like. If the House votes to reprimand a Member, they stand in the well of the House chamber before the entire body and the Speaker admonishes the offender for their conduct. Censure looks exactly the same – only the Speaker castigates you with a little more soul.

Consider the dynamic: McCarthy and his personal level of antipathy toward Schiff, standing atop the dais, glaring down at Schiff in the well, awaiting a scolding from the Speaker.

ADAM SCHIFF LIED TO THE AMERICAN PEOPLE: REP. ANNA PAULINA LUNA

Luna attempted to arrange that political stagecraft in the House chamber last week when she prepared what the House calls a "privileged" resolution to censure Schiff. The House must consider such specialized measures right away or within two days. If the House adopted Luna’s resolution, lawmakers would require Schiff to present himself to McCarthy for reproval and also face an additional inquiry by the Ethics Committee. However, approval of the resolution would also slap the California Democrat with a staggering $16 million fine. That’s what Luna’s office estimates to be half the cost of the Russia probe for former President Trump.

But that plan to fine Schiff killed the censure resolution in the House last Wednesday. The House never even got a straight, up or down vote on censure. The House voted to table – or lay aside – Luna’s plan, 225-196. Twenty Republicans joined all Democrats to euthanize that censure effort.

Fox spoke with several of those GOPers who voted to table the measure. One noted that Republicans are always touting getting the House back to "regular order." That GOPer observed that Luna’s resolution never went before a committee first. Second, the Republican pointed out that such "privileged" resolutions are typically the province of the minority. The House majority controls the floor. So that member questioned why Luna didn’t bring the resolution before the House Republican Conference and talk it through first. That said, any Member may craft a privileged resolution and bring it to the floor if they see fit.

Most of the Republicans who voted to table the original plan didn’t like the $16 million fine. Granted, there aren’t many House GOPers who get along with Adam Schiff. But they worried that approval of such a fine could open Pandora’s Box.

"You wait until Democrats are back in the majority," said one of the 20 GOPers who voted present. "If we pass that, they will stick it to us."

There is also the concern that levying such a stiff fine on a lawmaker could force them to leave Congress to find other work. One lawmaker worried that a fine of that magnitude – imposed by a simple majority – didn’t match the spirit of the Constitutional bar, requiring a two-thirds vote for expulsion. Therefore, this resolution effectively lowered the bar for expulsion.

Undaunted, Luna went back to work and tweaked her censure plan for Schiff.

"He knowingly used his position as chairman of House Intelligence to lie to the American people. To lie to his fellow colleagues," said Luna on Fox Business. "So he will be held accountable."

The updated censure plan basically has the same goal of the first: censure Schiff and refer him to the Ethics Committee for further adjudication. However, it drops the fine. That said, a couple of Republicans with whom Fox spoke wondered why the House would vote to censure Schiff – a serious sanction unto itself – and then send the California Democrat to the ethics panel for further investigation. One source familiar with the resolution said there were other alleged transgressions involving Schiff which could merit further inquiry by the Ethics Committee. 

The source also indicated the ethics panel also has the ability to make a criminal referral to the Justice Department. But the chances of that are slim. That’s because the Ethics Committee is split five to five between Democrats and Republicans. Moreover, Republicans don’t like Schiff because of some of his activities related to Congress. The "Speech or Debate" clause of the Constitution in Article I, Section 6 mostly inoculates lawmakers from prosecution related to their official duties in Congress

ADAM SCHIFF DODGES BULLET: HOUSE VOTES AGAINST BILL CENSURING HIM FOR TRUMP-RUSSIA ‘LIES’

So, the new resolution to censure Schiff likely comes up by mid-week in the House. It’s doubtful the House would vote to table or set aside the new resolution if Luna worked things out with her GOP colleagues. This vote would likely mean an up or down vote on censure for Schiff.

The House has only censured 25 members in history. The last was Rep. Paul Gosar, R-Ariz., in 2021. The Democratic-led House censured Gosar after he shared an edited, animated video on social media which looked like he was killing Rep. Alexandria Ocasio-Cortez, D-N.Y. The House also voted to censure former Rep. Charlie Rangel, D-N.Y., in late 2010 for a host of offenses, including using House resources for personal benefit.

After the House voted to sidestep the initial resolution, Schiff embraced becoming a target of the GOP.

"It’s a badge of honor when you take on the MAGA crowd. They clearly think I am effective in holding the former President accountable," said Schiff to colleague Hillary Vaughn.

But Luna accused Schiff of flaunting his reprieve.

"It brings me joy to see that he thinks that," said Luna.

The Florida Republican said that Schiff "was singing a different tune" after she informed him of her mulligan.

However, Schiff could reap political benefit of censure. He’s running to succeed Sen. Dianne Feinstein, D-Calif., in the Senate next year. Feinstein isn’t seeking re-election. Schiff’s toughest challenge at the ballot box comes from two Democrats: Reps. Katie Porter, D-Calif., and Barbara Lee, D-Calif.

"It’s an in-kind contribution to Adam Schiff’s campaign," said Los Angeles Times political columnist Mark Barabak of Luna’s attempt to censure Schiff. "Any hour that we’re talking about House Republicans going after Adam Schiff is a good day for his Senate campaign."

Still, Democrats say censure is retribution.

"This is the new normal," observed Rep. Mike Quigley, D-Ill. "Be careful how well you do your job or you might be on the outside looking in."

There is concern about the weaponization of censure. A tit-for-tat. But Luna will try to sanction Schiff this week. No one wants the ignominy of becoming only the 26th member in House history to face censure. However, the political reality for Schiff is the house is penalizing him for going to the mat with former President Trump. That’s an achievement of which Schiff’s Senate opponents can only dream.

Adam Schiff not out of the woodshed yet: GOP will move again to condemn his ‘false accusations’

Rep. Anna Paulina Luna said Thursday that Republicans will try again to censure Rep. Adam Schiff, D-Calif., for making "false accusations" against former President Trump, after the House voted down a censure resolution against Schiff on Wednesday.

In that vote, 20 Republicans rejected Luna’s censure resolution, in part because it recommended a $16 million fine against Schiff for telling "lies" about collusion between former President Trump and Russia, something that several investigations were never able to prove. Luna says that number is roughly half the cost of investigating Trump, probes that were never able to show collusion.

One lawmaker, Rep. Tom Massie, R-Ky., said the inclusion of language about fining Schiff violates the Constitution. Because Massie and several other Republicans opposed that language, the House voted 225-196 to set the censure resolution aside.

But Luna, R-Fla., said Thursday that she reached an agreement with those 20 Republicans on new censure language and said the House is expected to vote on it soon.

ADAM SCHIFF DODGES BULLET: HOUSE VOTES AGAINST BILL CENSURING HIM FOR TRUMP-RUSSIA ‘LIES’

"We came to terms and negotiations and the language that will censure and refer him to an ethics investigation because of the fact that he knowingly used his position as the chairman of House Intelligence to lie to the American people, to lie to his fellow colleagues, and also too, violated the rights, the civil liberties of individuals like Carter Page," Luna told FOX Business. "So he will be held accountable.

"And it brings me joy to see that he thinks that, you know, even just yesterday, that he got off the hook with it because he was singing a different tune," she added. "And he was very uncomfortable when I saw him in the hallways of Congress to let him know that he would be censured next week."

A spokesperson for Luna also told Fox News that the congresswoman has "agreed upon language with our 20 colleagues and looks forward to holding Schiff responsible for bringing dishonor to our country and the House of Representatives."

When asked Thursday about the possibility of another censure vote, Schiff accused Republicans of helping Trump distract the public from his ongoing legal battles about holding classified documents.

THESE 20 REPUBLICANS SAVED ADAM SCHIFF FROM CENSURE OVER TRUMP-RUSSIA ‘LIES’

"This is what it takes to gratify Donald Trump," said Schiff. "She obviously wants to distract from the president's legal troubles, and you‘ve got the MAGA people like Steve Bannon who are out promoting this."

A draft of Luna’s new resolution obtained by Fox News makes no mention of a fine against Schiff and also drops language accusing him of telling "lies" about Trump-Russia collusion. Instead, the new language notes several times that Schiff made "false" statements and allegations about Trump colluding with Russia to win the 2016 election.

"For years, Representative Schiff has spread false accusations that the Trump campaign colluded with Russia," it reads.

"On March 20, 2017, Representative Schiff perpetuated false allegations from the Steele Dossier accusing numerous Trump associates of colluding with Russia into the Congressional Record," it adds.

SCHIFF IMMEDIATELY STARTS FUNDRAISING OFF HOUSE GOP'S PUSH TO CENSURE HIM

"As ranking minority member and Chairman of the Intelligence Committee, Representative Schiff behaved dishonestly and dishonorably on many other occasions, including by publicly, falsely denying that his staff communicated with a whistleblower to launch the first impeachment of President Trump," the draft reads.

The resolution concludes by saying Schiff is censured for "misleading the American public and for conduct unbecoming" of member of the House. It says Schiff will "present himself in the well of the House" and will be censured by a public reading of the resolution, and says the House Committee on Ethics will investigate Schiff’s "falsehoods, misrepresentations, and abuses of sensitive information."

Schiff says classified document indictment proves Trump had ‘maligned intent’ to break law

Rep. Adam Schiff, D-Calif., said the "stunning" detail of the Justice Department's indictment of former President Donald Trump shows Trump had "maligned intent" when he took classified documents to Mar-a-Lago after leaving the White House.

"The most difficult element to prove often is, what did the defendant intend?" Schiff told MSNBC host Nicole Wallace in an interview Friday. "But here Donald Trump has made so crystal clear in the conversations that are recorded, in the instructions he gives to his aides to move the boxes, in his deceitfulness with his own attorneys. It's just so graphic."

Schff, a former federal prosecutor and an impeachment manager during Trump's first impeachment trial, said it was not a difficult decision for special counsel Jack Smith to bring charges against Trump. "The evidence laid out in this indictment is so powerful that I don't think special counsel had any choice but to go forward," he said.

Trump was indicted on 37 federal counts related to the classified documents the FBI recovered from Mar-a-Lago last August, including willful retention of national defense information, conspiracy to obstruct justice and false statements. 

TRUMP INDICTED ON 37 FEDERAL COUNTS OUT OF SPECIAL COUNSEL JACK SMITH'S INVESTIGATION INTO CLASSIFIED RECORDS

Special Counsel Jack Smith unsealed the indictment against the former president on Friday, emphasizing the "gravity" of the crimes Trump has been charged with as a result of his investigation. 

"I invite everyone to read it in full to understand the scope and the gravity of the crimes charged," Smith said Friday as the indictment was unsealed. 

"The men and woman of the United States intelligence community and armed forces dedicate their lives to protecting our nation, and its laws that protect national defense information are critical to the safety and security of the United States, and they must be enforced," Smith said. "Violations of those laws put our country at risk."

Trump announced he had been indicted on Thursday night on Truth Social. The former president told Fox News Digital he will plead not guilty. 

SPECIAL COUNSEL JACK SMITH POINTS TO ‘GRAVITY’ OF CRIMES TRUMP IS CHARGED WITH

The indictment states that Trump kept classified documents from his time in the White House in cardboard boxes brought to Mar-a-Lago. These boxes "included information regarding defense and weapons capabilities of both the United States and foreign countries; United States nuclear programs; potential vulnerabilities of the United States and its allies to military attack; and plans for possible retaliation in response to a foreign attack," according to the indictment. 

The special counsel alleges that Trump showed classified documents to individuals without a security clearance on two separate occasions in 2021. The indictment cites an audio recording of Trump showing off classified documents to several people in July 2021 at Trump National Golf Club in Bedminster, New Jersey, with Trump acknowledging the materials were still "a secret." 

The indictment states that on several occasions Trump "endeavored to obstruct the FBI and grand jury investigations and conceal his continued retention of classified documents" by suggesting that his attorney "falsely represent to the FBI and grand jury" that he "did not have documents called for by the grand jury subpoena." Trump is also accused of suggesting that his attorney "hide or destroy documents called for by the grand jury subpoena" and instructing his aide, Waltine Nauta, to move boxes of documents while claiming to be cooperating with investigators. 

Nauta was indicted on six federal counts as a "co-conspirator." 

EXCLUSIVE: TRUMP SAYS INDICTMENT IS ‘ELECTION INTERFERENCE AT THE HIGHEST LEVEL’ 

Schiff said he was "stunned" that the documents included secret details of military plans and other information that would put U.S. national security at risk if leaked. 

"But I think this is the way of special counsel and a speaking indictment, letting all the American people know that this isn’t a paperwork violation," he said. "These are national secrets that present real national security risks to the country."

Schiff said the indictment shows that Trump is not above the law. 

"He should be treated like any other lawbreaker. And today, he has been," Schiff said. 

Fox News' Brooke Singman contributed to this report.

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