A heated debate among House liberals is threatening to derail antitrust legislation before it gets to the floor and undermine unity within the Congressional Progressive Caucus.
The clash Tuesday during the caucus’s weekly phone call and concerned a package of anti-monopoly bills approved by the House Judiciary Committee last month.
On one side were the authors of those bills, and while Rep. Zoe LofgrenZoe Ellen LofgrenTech executives increased political donations amid lobbying push DOJ sharing review of alleged police misconduct on Jan. 6 with defense attorneys: report Pelosi husband won big on Alphabet stock MORE (D-Calif.), who represents a Silicon Valley district, was on the other.
During the discussion on the package led by House Judiciary antitrust subcommittee chair David CicillineDavid CicillineTop Democrat leads bipartisan trip to Middle East Court ruling sets up ever more bruising fight over tech Hillicon Valley: Antitrust leaders demand regulators pursue Facebook | FTC charges chipmaker | GoPuff workers speak out MORE (D-R.I.), Lofgren criticized the bills as rushed before being cut off by CPC chair Pramila JayapalPramila JayapalFederal judge blocks new applications to DACA Democrats face daunting hurdles despite promising start Facial recognition technology in immigration: Biden, biometrics and congressional mandate MORE (D-Wash.) twice, according to a source with knowledge of the conversation.
A Democratic staffer on the call disputed that characterization, saying that Jayapal was just reminding Lofgren that other lawmakers were in the queue to speak in the hour-long call featuring a sizable portion of the caucus’ nearly 100 members.
The conversation then shifted to more personal terms when Cicilline said he was offended by Lofgren’s depiction of the bills being shoddily constructed after the 18-month investigation into digital marketplace competition that his subcommittee conducted.
Cicilline also, according to one member on the call, implied that Lofgren was opposing the bill’s because of the donations she’s gotten as a Silicon Valley-area representative. The staffer on the call noted that Lofgren had seemingly joked about those ties earlier in the conversation.
“I was surprised at the kind of personal way that Cicilline attacked Lofgren,” the member said. “That’s sort of out of bounds, it’s out of line.”
Details of the fight first spilled into the public eye through a report in the Intercept.
Lofgren’s opposition to the majority of the antitrust package — which is composed of six bipartisan bills — was not a secret before Tuesday’s call.
She, along with several Democratic members of the California delegation, voted against advancing all but one of the bills to a floor vote. That opposition, coupled with slim Republican backing and lukewarm reception from Democratic leadership, has narrowed the path to passage for the more aggressive reforms in the package.
Jayapal is planning a progressive caucus briefing with staff from the antitrust subcommittee to walk through the bills and detail what they would accomplish relatively soon in hopes of getting the group on the same page. This week’s spat could very well make that goal more difficult.
“When these things happen it’s making it harder for us to get the consensus,” Rep. Ro KhannaRohit (Ro) KhannaLiberal lawmakers praise Senate Democratic budget deal How Congress can advance peace with North Korea Bipartisan group calls on Biden to clarify reasoning for Syria airstrikes MORE (D-Calif.), who was on the call, told The Hill in an interview. “And right now, there’s a huge division in the caucus, it’s unfortunate.”
While most CPC discussions don’t devolve like this one did, “tensions like this have been there” for a while, one source in touch with the group’s leadership told The Hill.
The source predicted however that the “caucus will get stronger over time.”
To some, that means more solid commitments towards a slate of truly progressive policies during the Biden administration. There’s also a hope that the caucus will continue to expand.
Progressives are keeping an eye on one race in particular, the special election in Ohio’s 11th congressional district where Nina Turner is competing to replace Housing and Urban Development Secretary Marcia FudgeMarcia FudgeOn The Money: Five questions for Democrats on their .5T budget | Retail sales rebound in June despite rising prices Ocasio-Cortez to stump for Turner in Ohio ahead of special election New polls show Democratic race to replace Fudge tightening in Ohio MORE, as having the potential to add a strong new member to the caucus.
Others in the progressive space are worried that the particular disagreement over antitrust cannot be papered over that easily.
“It’s becoming a core issue,” one strategist told The Hill, adding that these kinds of policy fights are healthy for the caucus.
The argument playing out in public has also worried some progressive watchers.
“It’s distracting for us when disagreements play out in the media, especially in the districts we represent, this leaves us unnecessarily vulnerable against Republican attacks,” said Michael Ceraso, a strategist who served on Sen. Bernie SandersBernie SandersDemocrats face daunting hurdles despite promising start The Hill’s Morning Report – Presented by Goldman Sachs – Schumer sets firm deadline on bipartisan infrastructure plan Manchin signals he’ll be team player on spending deal MORE (I-VT) campaign in 2016.
“Elected officials are often pulled between much needed reform and the priorities of their district, leaving them in a position where they have to compromise. That’s politics. When a colleague calls that out as hypocrisy, but accepts money from special interests that you’re trying to regulate, it’s hard for voters to take you seriously.”
The Democratic staffer told The Hill that concern over the antitrust disagreement hurting the caucus more broadly is overblown.
“There’s not always going to be a unified front,” they explained. “It’s hard to get 100 people to agree on every issue.”
The caucus has recently taken steps to improve organization and effectiveness. Starting this congressional cycle, members are required to vote as a bloc on issues endorsed by two-thirds of the caucus at least two-thirds of the time or face potential expulsion.
Getting that kind of unity on antitrust is going to be difficult though, even if most CPC members — including Lofgren — support reforms like the kind included in President BidenJoe BidenPence refused to leave Capitol during riot: book Father and son police officers charged with joining Proud Boys at Capitol riot On The Money: Five questions for Democrats on their .5T budget | Retail sales rebound in June despite rising prices MORE’s recent executive order.
A source with knowledge of the California lawmaker’s thinking said that the antitrust leaders are approaching winning members over in a counterproductive way.
“It seems like the backers of these bills do not want to have honest deliberation on the policy and the substance,” they said. “To me that’s going to be the long-term problem for them.”
The Democratic staffer argued that this week’s call was an effort to do just that, saying that Cicilline as well as Reps. Hakeem JeffriesHakeem Sekou JeffriesDemocratic tensions simmer in House between left, center Court ruling sets up ever more bruising fight over tech Black Caucus presses Democratic leaders to expedite action on voting rights MORE (D-N.Y.) and Joe NeguseJoseph (Joe) NeguseBlack Caucus presses Democratic leaders to expedite action on voting rights OVERNIGHT ENERGY: House votes to nix Trump methane rule | Supreme Court rules in favor of oil refineries in blending waiver dispute | Colorado lawmaker warns of fire season becoming year-round The Hill’s Sustainability Report — Presented by NextEra Energy — Philippine flies turn trash into beef MORE (D-Colo.) went into the details of their bills after Lofgren spoke.
For Khanna, who believes that the bills are not ready in their current iteration, more and better discussion is needed.
“We need to find a way to come together and show respect,” Khanna said. “The main beneficiary of that call was tech.”
Hanna Trudo contributed.