News: Garland on the not-so-hot seat

Monday, February 22, 2021

Garland on the not-so-hot seat

Feb 22, 2021

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Next steps on the Covid relief bill, the Equality Act and the first confirmation hearing of Merrick Garland, oh my! A lot of things are happening this week in a compressed time frame. Here's what to expect:

COVID RELIEF PACKAGE ON TRACK: House Democrats are planning to pass President Joe Biden's $1.9 trillion coronavirus relief package by the end of this week, likely without the support of Republicans.

The House Budget Committee will meet this afternoon to tee up the legislation for a floor vote on Friday or Saturday, which will then punt the action over to the Senate as early as next week. Unemployment benefits expire March 14.

House Speaker Nancy Pelosi has to keep her caucus in line for the vote — if just a few moderates or progressives pull their support, the train falls off the tracks.

Also keep in mind: The House version is not the final version.

As my colleague Caitlin Emma writes: "Monday's markup is one of the last major House steps in the reconciliation process, but the final aid package sent to the president's desk will likely change from the House-passed bill. That's because Senate consideration will be laden with political minefields, and major provisions in the bill — such as its minimum wage hike or paid sick leave expansion — could be stripped out or rejiggered as Democrats in the upper chamber muddle through budget restrictions during floor debate."

If you are following along with the 1 p.m. Budget panel hearing today, expect several hours of symbolic motions as lawmakers protest or voice support for Biden's aid plan. Republicans in particular will be knocking provisions in the proposal like the $15 minimum wage hike and $350 billion for state and local aid. But the panel's members can't offer regular amendments, so it is not likely there will be substantial changes to the text.

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MIN WAGE IS ALL THE RAGE: Keep an eye out for the Senate parliamentarian ruling on whether parts of Biden's plans run afoul of the so-called Byrd Rule, particularly as it relates to the federal minimum wage hike. The decision could come as early as Tuesday, per our friends over at Playbook.

If the parliamentarian says it is allowed, then the likelihood of the wage hike being included in the proposal jumps, but the question is, will it change the minds of Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.)? Both have already said they oppose the idea.

No or go? Biden has already signaled privately to governors that it likely isn't happening as part of his first Covid aid push, while Sen. Bernie Sanders (I-Vt.), the Senate Budget Committee Chair, issued a statement over the weekend saying he was "confident" the Senate parliamentarian would rule that including the wage increase is OK.

More from Caitlin: http://politi.co/3bw5bm0 | The Budget Committee's livestream is here

GREENLIGHT FOR GARLAND?: Merrick Garland's bid to lead the Justice Department formally kicks off at 9:30 a.m. before the Senate Judiciary Committee this morning. It looks to be an easy confirmation hearing, which will spill into tomorrow as well.

But that doesn't mean it will be perfectly smooth sailing, particularly with a group of four 2024 GOP contenders looking to seize the spotlight. The would-be AG will face questions from Sens. Josh Hawley (R-Mo.), Ted Cruz (R-Texas), Ben Sasse (R-Neb.) and Tom Cotton (R-Ark.), all of whom sit on the Judiciary panel.

Per Marianne Levine: "Bruising confirmation fights can often lead to breakout moments for senators...But the four younger Republicans on Judiciary this year are being advised to take a more delicate approach to Garland. The former federal judge is expected to receive widespread GOP support for his nomination, as the party seeks to show that its blockade of his 2016 Supreme Court nomination was not personal."

Garland could also possibly end up investigating Trump, especially if the DOJ begins reviewing Trump's actions around the Jan. 6 attack. Either way, the WSJ's Brent Kendall reports, prosecution could be an uphill battle: http://on.wsj.com/2NrPRPq

AS FOR GARLAND, he intends to highlight his law enforcement experience, particularly his career as a prosecutor before taking the bench, according to his prepared opening statement. He will also emphasize his commitment to protecting civil rights.

- More here from Josh Gerstein and Marianne on what Garland will say: http://politi.co/3qGY8gX

- And Marianne digs into what to expect from the four GOP hopefuls: https://politi.co/3dE4Hgm

Related Reads: Merrick Garland faces resurgent peril after years fighting extremism by NYT's Mark Leibovich: http://nyti.ms/3shSamV | Oklahoma City bombing provides insights into how Garland would run DOJ by the LA Times' Del Quentin Wilber: http://lat.ms/3sawTeI

NEW - "THE RECAST" NEWSLETTER: Power dynamics are changing. "Influence" is changing. More people are demanding a seat at the table, insisting that all politics is personal and not all policy is equitable. "The Recast" is our new twice-weekly newsletter that breaks down how race and identity are recasting politics, policy and power in America. And POLITICO is recasting how we report on this crucial intersection, bringing you fresh insights, scoops, dispatches from across the country and new voices that challenge "business as usual." Don't miss out on this important new newsletter, SUBSCRIBE NOW. Thank you to our sponsor, Intel.

EQUALITY ACT: Democratic lawmakers introduced expansive legislation last week seeking to amend existing civil rights laws to further protect LGBTQ civil rights and prevent discrimination based on sexual orientation or gender identity in places like the workforce, housing among others.

The bill, which was introduced by Rep. David Cicilline (D-R.I.) and Sen. Jeff Merkley (D-Ore.), is expected to be voted on in the House later this week.

Advocates say if passed, the bill would provide the most comprehensive protections for the LGBTQ civil rights in the country's history (more than half of states in the U.S. are operating without explicit legal protections on the basis of sexuality or gender identity). But Republicans and some religious groups warn they will oppose the legislation because of its lack of religious liberty protections. Your Huddle host will dive deeper into this topic later this week.

ALSO ON TAP: The Senate Homeland Security and Governmental Affairs Committee will have its hearing on the security response to the Jan. 6 attack tomorrow, featuring former Capitol police chief Steven Sund, former House sergeant at arms Paul Irving, former Senate sergeant at arms Michael Stenger, the acting chief of the Metropolitan Police Department Robert Contee III. The House Appropriations Committee will have its own hearing on the security failures on Thursday.

Related: The lost hours: How confusion and inaction at the Capitol delayed a troop deployment by NYT's Mark Mazzetti and Luke Broadwater: http://nyti.ms/3dzTBcg

HAPPY MONDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this Feb. 22, https://twitter.com/Calvinn_Hobbes/status/1363737821383688192

FRIDAY'S MOST CLICKED: Andrew Desiderio's story about Ted Cruz cruising to Cancun and back amid the Texas crisis was the big winner.

Member/Staffer You Should Know: Huddlers! We have spotlighted 1) Rep. Peter Meijer (R-Mich.), the only GOP freshman to vote to impeach Trump; 2) Rep. Carolyn Bourdeaux (D-Ga.), the only Democrat to flip a seat this past election cycle; 3) and most recently Byron Donalds (R-Fla.), one of the two black GOP House members who is looking to make his mark.

Who would YOU like to see spotlighted next? Send names to my Suggestion Box --> Obeavers@politico.com

NOT SMOOTH CRUZ'IN: Cruz mocked over photos showing him loading bottles of water into a car as he seeks to rebuild reputation by Insider's Tom Porter: http://bit.ly/3qI2OmC

Related: McCaul knocks Cruz for Cancun trip and says that when a crisis hits, 'I'm not going to go on some vacation' by CNN's Paul LeBlanc: http://cnn.it/3pH5502

A GREEN BIG DEAL: Rep. Alexandria Ocasio Cortez (D-N.Y.) says she has raised more than $5 million as part of her fundraising efforts to help Texas who have faced blackouts amid extreme cold weather after a winter storm hit the state last week.

TANDEN IN TANDEM: The push to confirm Neera Tanden as Biden's Office of Management and Budget chief is in peril after Sen. Joe Manchin (D-W.Va.) announced on Friday that he would vote against her confirmation, citing "overtly partisan statements" that he believes will "have a toxic and detrimental impact" on her ability to lead OMB.

Sen. Susan Collins (R-Maine) is also a no, per a new statement Playbook scooped this a.m. While Senate Majority Leader Chuck Schumer (D-N.Y.) says he's working to find Republican votes, his hunt just got a lot harder.

Collin's statement in part: "Neera Tanden has neither the experience nor the temperament to lead this critical agency. Her past actions have demonstrated exactly the kind of animosity that President Biden has pledged to transcend."

Others are now jockeying behind the scenes to be the fallback option, our Tyler Pager reports. Two early contenders include Gene Sperling, a two-time NEC director, and Ann O'Leary, who just came off a stint serving as Gov. Gavin Newsom's chief of staff, and who was considered a leading alternative to Tanden back in November. More here: http://politi.co/2ZFBl9j

WORTHWHILE READ: "Democrats' Big Tent Helped Them Win. Now It Threatens Biden's Agenda" by NYT's Astead Herndon: http://nyti.ms/3aEvCa3

ON BOARD: Rep. John Sarbanes (D-Md.), the Democracy Reform Task Force Chair, says all House Democrats are behind H.R. 1, the For the People Act , ahead of its expected House floor vote during the first week in March. The bill aims to protect and expand voting rights and clean up corruption, among other things.

"House Democrats are united in our steadfast commitment to advance transformational anti-corruption and clean election reforms by swiftly passing H.R. 1," Sarbanes said in a statement.

READY TO RUN: GOP Rep. Anthony Gonzalez (Ohio), who voted to impeach Trump earlier this year, is facing a potential primary challenger from former Trump White House aide Max Miller, reports our Alex Isenstadt.

"Miller, who hails from northeastern Ohio, has been in talks with top Republican donors in the state and other party leaders since leaving the White House last month, according to a person familiar with the plans. He recently purchased a house in Rocky River, inside Gonzalez's 16th District." More here from Alex: http://politi.co/2ZEeWJC

ICYMI over the weekend…

-House Dems renew call for hate crime law after anti-Asian attacks, by Roll Call's Michael Macagnone: http://bit.ly/2ZCmVXl

-Dem Senator seeks probe of natural gas price spikes during storm, by AP's Matthew Daly: http://bit.ly/3pH4g7l

-How Democrats are already maneuvering to shape Biden's first Supreme Court pick, by NYT's Jonathan Martin: http://nyti.ms/3qHjmLC

CABINET CORNER:

Today:

The Senate today will proceed to executive session to resume consideration of the nomination of Linda Thomas-Greenfield to be the U.S. Representative to the United Nations. Cloture vote expected at 5:30 p.m.

Updates:

Xavier Becerra, Biden's HHS nominee, is slated to testify before the HELP Committee on Tuesday.

Deb Haaland, Biden's Interior nominee, will also testify Tuesday before the Energy and Natural Resources Committee.

William Burns, Biden's pick to lead the CIA, will testify before the Senate Intelligence Committee on Wednesday.

JOIN US TUESDAY TO MEET THE FRESHMEN: The freshman class of the 117th Congress took office just three days before an armed mob stormed Capitol Hill and in the middle of a once per century pandemic, making its first month in office just a bit different from any previous class. Join POLITICO for "Red, Fresh and Blue," featuring live interviews with newly elected members of Congress from both sides of the aisle. Huddle newsletter author Olivia Beavers will moderate back-to-back live interviews with Rep. Michelle Steel (R-Calif.) and Rep. Carolyn Bourdeaux (D-Ga.). REGISTER HERE.

TRANSITIONS

Jocelyn Francis will be a LA for Sen. Jim Risch (R-Idaho). She previously was legislative director for Rep. Ted Budd (R-N.C.).

Matthew Simon will be VP of advocacy and government affairs at Great Leaders Strong Schools after previously serving as chief of staff to Rep. Debbie Lesko (R-Ariz.).

Jenna Valle-Riestra is now press secretary for the Senate Judiciary Committee under Chair Dick Durbin (D-Ill.). She previously was digital assistant for Sen. Bob Casey (D-Pa.).

Robert Butora is now a director of federal government affairs for CVS Health after previously serving as health policy adviser for Sen. Bill Cassidy (R-La.).

TODAY IN CONGRESS

The House meets at 11:30 a.m. in pro forma session. It is out until tomorrow.

The Senate convenes at 3 p.m.

AROUND THE HILL

9:30 a.m.: Garland's Day 1 confirmation hearing before the Senate Judiciary Committee.
1:00 p.m.: The House Budget Committee will have a virtual markup of Biden's American Rescue Plan Act of 2021.

3:00 p.m.: Senate Finance Chairman Ron Wyden (D-Ore.) will hold a conference call briefing on the upcoming nomination hearings for Wally Adeyemo to be deputy Treasury secretary, Xavier Becerra to be HHS secretary and Katherine Tai to be U.S. trade representative, as well as provide an update on COVID relief legislation.

COMING UP: Join me, your Huddle host, on POLITICO Live for "Red, Fresh and Blue" on Tuesday Feb. 22^nd at 10 a.m. She'll be doing live interviews with newly elected members of Congress, Rep. Michelle Steel (R-Calif.) and Rep. Carolyn Bourdeaux (D-Ga.) on how they are finding their footing and looking to make their mark after a tumultuous start to their first term in office. Register to watch live here.

TRIVIA

FRIDAY'S WINNER: Julie Davis was the first person to correctly guess that Sen. Johnny Isackson succeeded Speaker Newt Gingrich and preceded future Cabinet Secretary Tom Price in holding the Georgia 6th District seat (your Huddle host thought this would be a hard one since the question didn't specify the seat so kudos to all who guessed correctly).

(N.B. Cleveland was the 22nd and 24th POTUS, not 24th and 27th as Huddle stated on Friday.)

TODAY'S QUESTION: From Rodolphe Boulanger, who sent your Huddle host an extra question should she ever need one handy: Who is the only member of Congress who serves a 4 year term?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answer to obeavers@politico.com.

GET HUDDLE emailed to your phone each morning.

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