A GOP staffer says that it has become Rep. Joe Barton's mission 'to take out' his rival. Barton goes negative in energy bid

Rep. Joe Barton is using campaign-style tactics and opposition research dumps in his long-shot quest for a key House committee perch.

The Texas Republican and his staff have been digging into the voting record of Barton’s lead rival, Rep. Fred Upton, to show he's not conservative enough to chair the powerful Energy and Commerce Committee, according to three House GOP aides and one high-ranking conservative Republican who serves on the panel.


Barton needs a term-limit waiver to return for another two years atop the committee. Anticipating he won’t get it when GOP leaders meet during the lame duck session, Upton and at least two other senior lawmakers have been busy building support for their bids to get the job.

But Barton isn’t going without a fight. Several sources say that Barton several weeks ago tasked the Energy and Commerce Committee's minority chief of staff, David Cavicke, and other aides to comb through Upton's roll calls dating back to his arrival on Capitol Hill in 1987.

On Monday, an unsigned 22-page analysis of the Michigan congressman's voting record surfaced that covers everything from taxes to industry regulations, social issues, health care, defense, energy, environment and telecommunications. There's also a separate three-page summary with the title: "Fred Upton: Part-time Republican?"

Barton's office kept its fingerprints off both documents, but the GOP sources told POLITICO that the Texas Republican is clearly behind the effort.

"This has become his mission, to take out Fred Upton," said one House GOP staffer close to the Energy and Commerce Committee.

House Republican leaders have long been at odds with Barton, dating back to the lawmaker's 2006 campaign to defeat Rep. John Boehner as minority leader. They considered removing Barton as the Energy and Commerce Committee's ranking member this summer after he publicly apologized to BP for how the Obama administration was treating the company during the Gulf of Mexico oil spill.

And leadership aides said on Tuesday they didn't think Barton was serving his cause by going after Upton.

“It’s probably not a smart idea to have Energy and Commerce committee staff spending time putting together an oppo file on a member who may be the next chairman,” one staffer in a GOP leadership office said.

Another GOP leadership source took a swipe at Barton’s work ethic.

“If Joe Barton would have put as much effort running the Energy and Commerce Committee as he and his staff did preparing these hit pieces on another Republican, perhaps he would have a chance of becoming chairman,” the aide said.

Several sources say Barton is less to blame than his staff, led by Cavicke, who has served on the panel's GOP staff since 1995.

"Barton is an extraordinarily honest, straight forward, bright dedicated man. He has a lot to offer. But his staff is drowning his ability," said one source familiar with the committee's business. "They're hurting him significantly."

Barton's aides declined comment when asked if they had anything to do with the documents. But spokesman Larry Neal said there’s no reason for anyone to hide from their record.

“Here’s what I know about voting records: Joe Barton has a long one, it’s conservative, he’s pretty proud of it, and he’ll tell you about it until the cows come home,” Neal said. “Others have voting records, too, and although I haven’t seen them and don’t know the details, I do assume that everybody who votes on public business in Congress is similarly proud and talkative.”

Upton has attempted to highlight his conservative credentials, pledging to repeal parts of the Democrats’ health care law and aggressively investigate the administration’s environmental and energy policies.

“Fred is focused on the future, working with the Republican leadership to deliver the changes that the American people expect and demand – a positive vision that protects life, repeals Obamacare and tears down job-killing regulations,” said Upton spokesman Sean Bonyun.

Upton has won support from at least three members of the House Energy and Commerce Committee: Reps. Ed Whitfield (Ky.), Michael Rogers (Mich.) and Sue Myrick (N.C.).

Whitfield told POLITICO on Tuesday that Barton's time atop the committee is up and there's nothing more to it.

"The rules have been out there since 1995 and there have never been any waivers given," said Whitfield. "I simply don't see anything that is so unique about this situation that a waiver should be granted."

Barton’s campaign to undercut Upton might still open the door to other Republicans interested in the job, including Florida Rep. Cliff Stearns, Illinois Rep. John Shimkus and Oregon Rep. Greg Walden, who has taken a leave of absence from the Energy and Commerce Committee to serve in Republican leadership.

Shimkus aides said they had nothing to do with the negative campaign documents against Upton. Tuesday, Shimkus sent a letter to Republican incumbents and incoming freshmen saying that his work as a mentor at the National Republican Congressional Committee, coupled with more than a decade experience on the Energy and Commerce committee, makes him “uniquely qualified” to chair the full panel come January.

“These experiences have given me a greater understanding of the direction all members envision as we move this nation forward,” Shimkus wrote. “I can help bring our team of newly elected and re-elected members together to achieve further success.”

Bill Wilson, president of Americans for Limited Government, said in an interview that both Shimkus and Stearns "have solid records" suitable to conservatives when it comes to running the Energy and Commerce Committee.

Wilson said he didn't think Barton should get the waiver. And he's categorically against Upton.

"Out of the 240 plus members coming in, there are probably 230 who would be fine," Wilson said. "But Fred Upton's voting record, his complicity in conspiring with [former White House Chief of Staff] Rahm Emanuel in the promoting of Obama's agenda, the last thing you do with someone like that is give them a promotion."

None of this will become certain until later this month or next, when the Republican steering committee meets to choose chairmen. The committee, which will be stacked with loyalists to Boehner, the presumptive speaker of the House, and Rep. Eric Cantor, the presumptive majority leader, is also set to have two new freshman representatives – a nod to the large class that was recently elected to Congress. Other representatives are chosen by region, and others by election class.

Jonathan Allen and Sarah Kliff contributed to this report.