Wednesday, December 2, 2020

The GOP’s electoral mischief

Presented by McDonald's: A play-by-play preview of the day's congressional news
Dec 02, 2020 View in browser
 
POLITICO Huddle

By Melanie Zanona

Presented by

with help from Sarah Ferris

MO PROBLEMS -- Scooplet: Rep. Mo Brooks (R-Ala.) has been telling colleagues and allies that he plans to challenge the Electoral College votes when Congress officially certifies Joe Biden's victory on Jan. 6, as long as a Senate Republican joins him in the long-shot effort, sources tell your Huddle host.

Brooks confirmed his plans in a phone interview, adding that he is still considering objecting to the vote-counting process even if no one joins him — though he acknowledged that would be more of a symbolic protest. Brooks, echoing President Donald Trump's baseless claims of voter fraud without providing evidence, argued that the election was "badly flawed" and that most mail-in voting is "unconstitutional."

"In my judgment, if only lawful votes by eligible American citizens were cast, Donald Trump won the Electoral College by a significant margin, and Congress's certification should reflect that," Brooks said. "This election was stolen by the socialists engaging in extraordinary voter fraud and election theft measures."

Brooks, a member of the conservative Freedom Caucus, said he has had "indirect communication" with some senators about potentially joining forces, though he declined to elaborate further. He also said he's discussed the procedural maneuver with some members of GOP leadership, but they gave him neither a "thumbs up" nor a "thumbs down," Brooks said.

As we noted here yesterday, one lawmaker from both the Senate and House needs to challenge the results in order to force a deliberation on the matter. And even then, the gambit to overturn the election results in Congress is almost certain to fail, given the makeup of the House and Senate.

But Trump's Hill allies can still cause some mischief — and force a politically toxic vote for some in the GOP. Brooks said he hasn't had any conversations with the White House about the issue, but it's not hard to imagine the whole thing turning into a Trump loyalty test for Republicans.

"A lot of time is being wasted in court ... the Supreme Court does not have the lawful authority to determine whether to accept or reject a state's Electoral College submissions," Brooks said. "Under the United States constitution and U.S. law, that is the job and duty of elected officials ... And so it's the United States Congress that is the final judge and jury of whether to accept or reject Electoral College submissions by states, and to elect who the president and vice president of the United States might be."

MEANWHILE … Rep. Louie Gohmert (R-Texas), another member of the Freedom Caucus who supports Trump's bid to overturn the election, took a swipe at GOP Conference Chairwoman Liz Cheney (R-Wyo.) over her recent comments about the Nov. 3 election. Cheney said that Trump should respect "the sanctity of our electoral process" if he can't prove his claims.

During a private GOP conference call yesterday , Gohmert told Cheney he would have never backed her for another term in leadership had he read her statement before her race, sources told your Huddle host. Gohmert also said he would have tried to make sure someone challenged Cheney for conference chair.

Cheney was unanimously elected to her post , despite some grumbling from conservatives over her public rebukes of Trump. And while some Freedom Caucus members had discussed recruiting a Cheney challenger, they ultimately didn't — and no one else stepped up to the plate to take her on. They also didn't force a roll call vote.

In response, Cheney told Gohmert that her statement just reaffirmed that America is governed by the rule of law and that evidence of irregularities must be presented in court. Cheney also said she was sure Gohmert didn't disagree with that sentiment, adding that she would be happy to discuss with him further. Her initial statement.

Related reads: "Disputing Trump, Barr says no widespread election fraud," by the AP's Michael Balsamo: https://bit.ly/3fZXmH6 … "Republicans seek DOJ investigation of Rep. Bill Pascrell over attacks on Trump legal team," via Gabriella Munoz of The Washington Times: https://bit.ly/3lzJC78.

DRIVING TODAY -- "Unsealed court ruling discloses bribe-for-pardon probe related to Trump White House," from Josh Gerstein: https://politi.co/2L0pSwY.

 

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ALL THEY WANT FOR CHRISTMAS IS A RELIEF DEAL -- After months of gridlock over a coronavirus relief bill, there's been new signs of life on Capitol Hill. Here's a quick rundown of the most recent developments on the stimulus front:

— A bipartisan group of lawmakers, in a last-ditch effort to revive the stalled talks, unveiled a $908 billion proposal Tuesday morning. That's nearly twice the price tag that Senate GOP leaders have said they are comfortable with, and at least half as much as what Dem leaders have been pushing for.

—Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer submitted their own stimulus proposal to Senate Majority Leader Mitch McConnell and House Minority Leader Kevin McCarthy Monday evening. Treasury Secretary Steven Mnuchin was also supposed to review it.

—McConnell pitched a new framework to GOP members yesterday after talking with McCarthy and Mnuchin about what Trump is willing to sign into law. McConnell also told Senate Republicans he'll bring the revised relief bill up for a floor vote. Senate Dems blocked the last GOP bill, insisting more needs to be done.

—Pelosi and Mnuchin spoke by phone yesterday — their first conversation since before the election — about a spending bill and coronavirus aid. Pelosi's statement on the call: "Any COVID proposal must ensure that the vaccine is free and accessible to everyone. … Additional COVID relief is long overdue and must be passed in this lame duck session."

SO, how to interpret all this ? There seems to be a path to a deal, albeit a narrow one. And both sides clearly want to get something done in the lame duck, with congressional leaders under enormous pressure to deliver another round of relief.

In Congress, deals do have a way of magically coming together right before the holidays. And as Sen. Tim Kaine told CNN's Lauren Fox: "I am not going to allow us to go into recess if we don't have a COVID relief bill."

BUT with less than two weeks left on the legislative calendar, don't expect a massive, standalone package. Even McConnell acknowledged that any stimulus provisions will likely have to hitch a ride on a spending bill. And while there are several new proposals floating around, the key is whether — and how — lawmakers can come together on a single bill.

Not to mention, the partisan bill that McConnell is proposing has already received pushback from both Dems and Sen. Lisa Murkowski (R-Alaska), who told McConnell that it was "offensive" to struggling Americans to concentrate on messaging bills. (McConnell replied that his proposal is not a messaging bill.) Much more on the state of play from Burgess and Heather: https://politi.co/39zaXE0.

Related read: "Biden Calls on Congress to Pass 'Robust' Stimulus Package," by Bloomberg's Mario Parker and Jennifer Jacobs: https://bloom.bg/2HZgVTl.

UNCLE VETO -- Trump has already threatened to veto an annual defense policy bill if it contains language to rename military bases that honor Confederate leaders. Now, Trump is threatening to veto the measure if it doesn't contain a provision to repeal legal protections for social media companies. "I will be forced to unequivocally VETO the Bill when sent to the very beautiful Resolute desk," he tweeted. "Take back America NOW. Thank you!"

The NDAA bill — which Congress has passed annually for over 50 years — won a veto-proof majority in both the House and Senate. Negotiators are still trying to reconcile their two bills, and are racing to wrap up their work before the end of this Congress. But now the question is: are lawmakers willing to send a bill to Trump's desk and dare him to veto it? Much more from Connor O'Brien: https://politi.co/3qmipZ5.

Related read: "Congress readies final rebuke of Trump foreign policy," from Andrew: https://politi.co/37vfBAv.

WE'RE HALFWAY THERE! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Dec. 2, where your host is all for the idea of Lin Manuel writing another hip-hop musical based on Janet Yellen if she becomes the first female Treasury secretary. (Include women in the sequel —work!)

TUESDAY'S MOST CLICKED: New Jersey Globe's story on Rep. Andy Biggs (R-Ariz.) trying to censure Rep. Bill Pascrell (D-N.J.) was the big winner.

 

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CAPITOL DOC SAYS NO MORE CAPITAL GRILLE -- With the holiday season officially underway, the House physician is urging lawmakers and staff not to attend gatherings outside of their household to avoid further spread of the coronavirus in Congress.

The biggest warning seemed to be surrounding public events, with Dr. Brian P. Monahan specifically telling members: "DO NOT ATTEND dinner, receptions, or restaurant gatherings outside of your family unit." Monahan also tells members they "MAY NOT sit at a table with a beverage, or a partially consumed food item without a face cover for a prolonged period. "

The stricter recommendations on public events comes after at least one member tested positive after a GOP dinner at the Capital Grille. And the White House is reportedly planning a string of holiday parties, including a congressional ball on Dec. 10.

The new guidance also advises more robust testing, more protective masks and stricter compliance of social distancing.

MEANWHILE … Rep. Ted Budd (R-N.C.) became the latest lawmaker to test positive for coronavirus, he announced in a video message. "I want to let folks know that I tested positive for COVID-19 and have very mild symptoms," he wrote on Twitter. "Even though I have to stay on the farm for a bit, nothing is going to stop me from doing the job that the voters elected me to do."

Related read: "GOP suspends its lunches because of pandemic, and senators wonder if it's another leadership power grab," via WaPo's Paul Kane: https://wapo.st/2JsKhKD.

NO ONE MAN SHOULD HAVE ALL THAT POWER -- The fight between Sens. Dick Durbin and Sheldon Whitehouse over the top spot on the Senate Judiciary Committee has evolved into a broader debate over the distribution of power within the Democratic caucus, which has long run strictly on seniority.

Some have taken issue with Durbin's bid to serve as both party whip and the top Democrat on Judiciary. Now, Senate Democrats are reexamining their rules governing their leadership posts, which could lead to far-reaching changes in the caucus. "We have a lot of new talent in our caucus and we need to find an equitable and fair way to make sure that that talent is leveraged," said Sen. Martin Heinrich (D-N.M.), who is in his second term.

But lawmakers made clear the debate isn't personal about Durbin. Rather, it's about whether they should adopt an approach similar to that of Senate Republicans, who have term limits on leadership positions, chairmanships and ranking member roles. The story from Marianne and Burgess: https://politi.co/2JlCBdg.

AND SO IT BEGINS -- "Mark Walker launches 2022 Senate bid in North Carolina," via James Arkin: https://politi.co/39ypJeh.

 

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TAKE ME TO YOUR LEADER -- House Democrats and Republicans have begun selecting their new committee leaders for the next Congress. Here's a rundown of who the Dem and GOP Steering committees recommended for top posts, though they still need approval from the full Dem caucus and GOP conference later this week:

— Dems picked Rep. Rosa DeLauro (D-Conn.) to chair the House Appropriations Committee, Rep. Gregory Meeks (D-N.Y.) to chair the House Foreign Affairs Committee, and Rep. David Scott (D-Ga.) to chair the House Agriculture Committee.

—The GOP picked Rep. Mike Rogers (R-Ala.) to serve as ranking member on the House Armed Services Committee and Rep. Jason Smith (R-Mo.) to serve as top Republican on the House Budget Committee.

Democrats still need to select a new campaign chief, which will happen tomorrow. To that end, a group of 14 lawmakers in the centrist New Democrat Coalition is throwing their weight behind Rep. Sean Patrick Maloney (D-N.Y.), your Huddle host has learned.

And Republicans still need to pick the top Republican on the House Energy and Commerce, Natural Resources, and Homeland Security committees today.

SPEAKING of E&C … sources tell your Huddle host that Rep. Kay Granger (R-Texas), ranking member on the powerful Appropriations Committee, has been privately campaigning for fellow Texas Republican Michael Burgess for the top spot and urging Steering members not to select another candidate in the race, Rep. Cathy McMorris Rodgers (R-Wash.), simply because she is a woman.

In a phone interview, Granger confirmed that she's been stumping for Burgess, and said that selections should be based on a candidates' qualifications, not their gender — a similar argument that other Republican women, including McMorris Rodgers, have made before and believe in.

But it's still interesting, especially given that House Republicans are poised to have a record breaking number of women in their conference next year. But the GOP has long been more reluctant to play identity politics, at least when it comes to gender.

IN THE ZOOM WHERE IT HAPPENS -- Senate Minority Leader Chuck Schumer met virtually yesterday with Antony Blinken, Biden's nominee for Secretary of State, and Avril Haines, Biden's pick for the Director of National Intelligence. Pic of the Zoom meeting, via WaPo's Seung Min Kim: https://bit.ly/36v8zfP.

Dems have been urging the GOP to begin holding hearings on Biden's nominees ASAP so they can start confirming people quickly on Jan. 20. But anticipating a Senate bottleneck, Biden is planning an appointment workaround: focusing on government positions that do not require Senate confirmation. More from Nahal Toosi, Tyler Pager and Andrew: https://politi.co/3lzWiuK.

 

NEXT WEEK - DON'T MISS THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT 2020: POLITICO will feature a special edition Future Pulse newsletter at the Milken Institute Future of Health Summit. The newsletter takes readers inside one of the most influential gatherings of global health industry leaders and innovators determined to confront and conquer the most significant health challenges. Covid-19 has exposed weaknesses across our health systems, particularly in the treatment of our most vulnerable communities, driving the focus of the 2020 conference on the converging crises of public health, economic insecurity, and social justice. Sign up today to receive exclusive coverage from December 7–9.

 
 


TRANSITIONS

Rachel Wagley will be chief of staff for Rep.-elect Blake Moore (R-Utah). She currently is legislative director for Rep. Ann Wagner (R-Mo.).

The international law firm Cohen & Gresser has hired Adam Bramwell, a former top aide to Sen. Chris Coons (D-Del.), to launch its new government relations practice.

Zac Rutherford will be COS for Rep.-elect Diana Harshbarger (R-Tenn.). He previously was her campaign manager.

Conner Swanson is now comms director for Rep. Kelly Armstrong (R-N.D.). He previously was deputy press secretary at the Interior Department.

TODAY IN CONGRESS

The House gavels in at 2 p.m., with votes at 6:30 p.m. Today's agenda: https://bit.ly/2HZulyH.

The Senate meets at 10 a.m. to resume consideration of the nomination of Kyle Hauptman to be a member of the National Credit Union Administration. At 11:45 a.m., the Senate will proceed to a confirmation vote on the Hauptman nomination, followed by a motion to invoke cloture on the nomination of Kathryn C. Davis, to be a judge of the U.S. Court of Federal Claims. Sen.-elect Mark Kelly, D-Ariz. will be sworn-in during Wednesday's session of the Senate.

AROUND THE HILL

House Majority Leader Steny Hoyer (D-Md.) holds his pen and pad briefing via conference call at 11 a.m.

TRIVIA

TUESDAY'S WINNER: John Sullivan was the first person to guess that 1973 was the first year that an electronic vote was submitted in the House of Representatives — and freshman Rep. Albert Gore Jr. of Tennessee gave the first one minute speech to commemorate the occasion.

TODAY'S QUESTION: From John: When was the last time that the House and Senate withdrew from the joint session to count the electoral vote to deliberate separately on an objection to the certificate of electoral votes submitted by a State? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess to mzanona@politico.com.

GET HUDDLE emailed to your phone each morning.

 

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