House Democrat indicted by DOJ, undermining GOP talking points

The first real sign of trouble for Rep. Henry Cuellar came in January 2022, when the FBI showed up at his house as part of a “court-authorized ongoing investigation.” Local reporting added at the time that agents were seen “taking cases and other items from the congressman’s home,” and the FBI was also present “at a downtown building owned by Cuellar that reportedly houses his campaign office as well as other private businesses.”

It seemed like only a matter of time before the public would learn about a possible indictment against the Texas Democrat. Two years later, that’s precisely what happened. NBC News reported:

The newly unsealed indictment suggests the incumbent lawmaker, if convicted, is facing the possibility of a lengthy prison sentence.

Even before the federal charges were formally unveiled to the public, the congressman issued a statement professing his innocence. Cuellar also said he intends to run for re-election — and expects to win.

Nevertheless, the ripple effects are significant. For one thing, House Minority Leader Hakeem Jeffries’s office announced the Cueller, in light of the new charges, will now have to step down as the ranking member of the Homeland Security Committee’s appropriations panel.

For another, there are electoral considerations to keep in mind: Unless the congressman quits, which now appears unlikely, Cuellar will be the Democratic nominee in his district. He won re-election in 2022 by 14 points, but if local voters have a problem with the criminal charges, this race could become highly competitive in a hurry — and in a cycle in which every seat matters, this is going to give Democratic leaders heartburn.

But as the political world digests the latest instance of a sitting member of Congress getting indicted, it’s also worth pausing to reflect on the bigger picture.

As things currently stand, the Justice Department, under the leadership of Attorney General Merrick Garland, is:

• prosecuting President Joe Biden’s son;
• prosecuting an incumbent Democratic senator, New Jersey’s Bob Menendez, during his re-election bid;
• prosecuting an incumbent Democratic congressman, Texas’ Cuellar, during his re-election bid;
• investigating an incumbent Democratic congresswoman, Missouri’s Cori Bush, during her re-election bid.

For good measure, it’s probably worth mentioning that the Justice Department also appears to be investigating Eric Adams, the high-profile Democratic mayor of New York City.

And yet, despite these developments, one of the animating concepts in contemporary Republican politics is that rascally Democrats have “weaponized” federal law enforcement to punish GOP figures and shield Democrats from accountability. The Justice Department and the FBI, leading Republican voices insist, are little more than political tools for the Biden White House and its fiendish allies.

As we’ve discussed, Republicans don’t just want their conspiracy theory to be true; they need it to be true. This simple, baseless idea is the foundation for the party’s Trump defense, fundraising, stump speeches, cable news segments, and even legislative campaigns on Capitol Hill.

In 2024, assertions about a “two-tiered” justice system are foundational to GOP politics. They’re also routinely discredited by real-world events.

Indeed, if Biden and his team were trying to weaponize federal law enforcement to benefit Democrats, they’ve proved themselves to be incredibly bad at it.

In advance of the 2018 elections, Donald Trump complained bitterly about federal law enforcement charging two of his congressional allies, and the then-president whined about the Justice Department undermining the Republican Party’s electoral plans.

Six years later, federal law enforcement is prosecuting two Democratic members of Congress, potentially undermine their party’s electoral plans, and Biden is taking a responsible, hands-off approach.

This post updates our related earlier coverage.