Gearing Up for G.O.P. Gains in the Midterms, White House Braces for Barrage of Inquiries
The turbulent aftermath of the Trump era is taking the possibility of a divided government to new levels of intensity, as some Republicans appear eager to target President Biden and his family.WASHINGTON — President Biden’s legal team is laying the groundwork to defend against an expected onslaught of oversight investigations by congressional Republicans, should they take one or both chambers in the midterm elections — including preparing for the possibility of impeachment as payback for the two impeachments of President Donald J. Trump.As part of those preparations, Mr. Biden and his White House counsel, Dana Remus, have hired Richard A. Sauber, a longtime white-collar defense lawyer who is now the top lawyer at the Department of Veterans Affairs, to oversee responses to subpoenas and other oversight efforts, according to people who spoke on the condition of anonymity to discuss internal matters.Mr. Biden’s personal lawyer, Bob Bauer, and Ms. Remus have also been meeting for months to work out potential divisions of labor between White House lawyers and outside counsel, according to people briefed on the matter.The arrangement is said to be aimed at respecting the limits of what taxpayer-funded lawyers should handle and ensuring that Mr. Biden’s two sets of lawyers do not mix work in a way that could inadvertently undermine executive and attorney-client privilege protecting what lawyers know from any subpoenas for their testimony or notes.It is a routine dynamic of Washington life that when one party controls both elected branches of government, Congress goes easy on oversight. When government is divided, the opposition party is much more aggressive about wielding subpoenas and oversight hearings to try to uncover and highlight incompetence or wrongdoing by the executive branch.But the turbulence of the Trump era and its aftermath are taking that to new levels of intensity, and some Republicans appear eager to focus on Mr. Biden and his family — particularly the foreign business dealings of his son Hunter Biden. A handful of far-right Republicans have already signed onto a flurry of impeachment resolutions.Republicans have also signaled an intent to scrutinize various matters related to the pandemic that could reach into the White House, including the administration’s imposition of mask mandates and the extension of an evictions moratorium, both of which were later blocked in court. A particular target is Dr. Anthony S. Fauci, a top medical adviser in the Trump and Biden administrations who has become a villain to supporters of Mr. Trump.Understand the Pennsylvania Primary ElectionThe crucial swing state will hold its primary on May 17, with key races for a U.S. Senate seat and the governorship.Hard-Liners Gain: Republican voters appear to be rallying behind far-right candidates in two pivotal races, worrying both parties about what that could mean in November.G.O.P. Senate Race: Kathy Barnette, a conservative commentator, is making a surprise late surge against big-spending rivals, Dr. Mehmet Oz and David McCormick.Democratic Senate Race: Representative Conor Lamb had all the makings of a front-runner. It hasn’t worked out that way.Abortion Battleground: Pennsylvania is one of a handful of states where abortion access hangs in the balance with midterm elections this year.Electability Concerns: Starting with Pennsylvania, the coming weeks will offer a window into the mood of Democratic voters who are deeply worried about a challenging midterm campaign environment.And they have listed a series of other topics they intend to dig into, including the messy withdrawal from Afghanistan and the surge in migration across the southwestern border; another frequently mentioned target is the secretary of homeland security, Alejandro N. Mayorkas.Late last year, Senator Ted Cruz, Republican of Texas, said on a podcast that because House Democrats had twice impeached Mr. Trump — for withholding military aid to Ukraine while pressing it to open an investigation into the Bidens, and for “incitement of insurrection” over the Jan. 6 Capitol riot — “there’ll be enormous pressure on a Republican House to begin impeachment proceedings” against Mr. Biden, “whether it’s justified or not.”It remains to be seen whether Democrats will lose one or both chambers in the midterm elections, giving Republicans the power to open investigations and pursue subpoenas. Polls have suggested that Republicans are well positioned, but events — like the likelihood that Republican-appointed justices on the Supreme Court will soon end women’s constitutional right to abortion — could upend political dynamics before November.The White House counsel, Dana Remus, has been meeting for months with Mr. Biden’s personal lawyer to work out potential divisions of labor between White House lawyers and outside counsel.Andrew Harnik/Associated PressStill, the party that does not control the presidency typically does well in the midterms. The decision to hire Mr. Sauber comes as Republicans crow on conservative news media and in town halls across the country about their plans to initiate ferocious oversight efforts if they return to power in 2023.Mr. Sauber, a veteran Justice Department prosecutor, is set to start at the White House in several weeks, people familiar with the matter said. He spent years at the Robbins Russell law firm in Washington, where he specialized in representing companies and people facing congressional and other governmental investigations.Among his clients was Susan Rice, a top official in the Obama and Biden administrations, during the Republican-led investigation into the 2012 attack in Benghazi, Libya. Another was Mary L. Schapiro, a former chairwoman of the Securities and Exchange Commission, in 2011, when she was under scrutiny by both Congress and an inspector general.Mr. Sauber, who is known as Dick, will have the title “special counsel to the president,” which no other White House lawyer in the Biden administration has had, the people said. That reflects the elevated role his oversight portfolio is anticipated to have next year compared with what it has been under the lawyer he is succeeding, Jonathan Su, a deputy White House counsel.“Dick is an excellent lawyer who brings decades of experience that will be a valuable asset,” Ian Sams, a White House spokesman, said in a statement, adding that “we are ensuring the White House is prepared for the issues we are facing or will face in the future.”The secretary of veterans affairs, Denis McDonough, praised Mr. Sauber’s work at the department. “He has a deep understanding of government,” Mr. McDonough said in a statement, noting that he would be a welcome addition to the White House.The White House has also added Mr. Sams to focus full-time on oversight matters. In the 2020 election cycle, he was a campaign spokesman for Kamala Harris, who was then a Democratic presidential candidate and is now the vice president. Mr. Sams went on to work for the Department of Health and Human Services on pandemic-related issues.Understand the 2022 Midterm ElectionsCard 1 of 6Why are these midterms so important? More
