Capitol agenda: The unknowns of a Sherrod Brown return

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Democrats may be rooting for Sherrod Brown’s comeback, but they are not exactly prepared for what’d happen next.

If Brown wins on Election Day, Democrats likely face an uncomfortable choice: break longstanding party rules to restore his seniority on powerful committees like Banking, Agriculture and Finance or potentially make him start over at the bottom.

Complicating the issue: Brown will immediately need to prepare for a grueling re-election fight in 2028 and his campaign could greatly benefit from two years with a high-profile gavel. That’s because this midterm is Ohio’s special election where voters are selecting a senator to serve out the remainder of Vice President JD Vance‘s term.

Brown’s post, therefore, may not only deeply impact Democrats’ policy agenda but could also play a key role in the party’s success in winning the battleground seat in 2028.

Some members are already suggesting the party should try to find a middle ground.

“Some accommodation that recognizes he would not be a rank freshman would make sense. But that’s distinct from handing him back a leadership role at Banking,” said Sen. Chris Coons.

The Ohio Democrat served as the top Democrat on the Banking panel for a decade. He was also a longtime member of Finance as well as Agriculture, where he would also be the most senior member if his previous service counted.

To give Brown a gavel on Agriculture or Banking could set up clashes with the Democrats now expected to lead their party on the panels: Sens. Michael Bennet and Elizabeth Warren, respectively.

It would also break Senate Democrats’ caucus rules, and precedent is not on Brown’s side when it comes to making exceptions.

Still, aides and lobbyists around the panels expect Democrats will be eager to give Brown some sort of perch.

Those close to him have been encouraging him to seek the Agriculture gavel. It’d allow him to deliver valuable policy wins for Ohio’s rural areas, influence the farm bill if it gets punted to next year and help guide the direction of cryptocurrency regulation.

Another possibility that avoids an intraparty clash: hand Brown a seat on Appropriations, which could potentially give him a subcommittee gavel and federal funding clout.

Minority Leader Chuck Schumer has avoided any firm commitments on Brown’s seniority, saying last month when asked: “Let’s win back the Senate first.”

What else we’re watching: 

— OMAR RAID RAISES QUESTIONS FOR GOP: House Republicans — including Majority Whip Tom Emmer — have publicly cheered on the Trump administration’s investigation of GOP boogeyman Rep. Ilhan Omar. But the raid raises thorny questions for GOP leaders about how aggressively Congress wants to defend itself — regardless of party — from encroaching federal prosecutors. Lawmakers’ work communications are protected from prosecutors’ scrutiny, with few exceptions, under the Constitution’s “speech or debate” clause. That draws into question whether the emails, texts, and materials on Omar’s phone, which was seized in the raid, could legally be reviewed by Trump officials. So far, Speaker Mike Johnson has yet to weigh in on how the House’s legal team may defend Omar.

— TRUMP’S TRICKY FARM MONEY PROMISE: Trump’s move Monday to turn out GOP voters by promising to send farmers $8 billion in taxpayer money is already facing a reality check. The internal USDA taxpayer-funded account Trump is tapping doesn’t actually have enough money in it right now to make the payments, meaning Congress will have to approve new funds or the administration will have to take it from another program, according to three Trump officials granted anonymity to discuss private conversations. Plus, farmers wouldn’t receive the payments until late November or early December at the earliest — well past Election Day, according to three people close to the plans.

Jasper Goodman, Grace Yarrow, Kyle Cheney and Meredith Lee Hill contributed to this report.

Congress, DC, Agriculture, cryptocurrency, Banking/Financial Services, Banking