News: House Freedom Caucus crew heads to Florida

Tuesday, February 9, 2021

House Freedom Caucus crew heads to Florida

Feb 09, 2021

Presented by SoftBank Group

With help from Melanie Zanona.

Two major congressional priorities -- impeachment and Covid relief -- are colliding in Washington. The outcome of the impeachment trial seems to be a foregone conclusion, though senators and observers will be confronted by a dark chapter in the nation's history.

President Joe Biden, meanwhile, is staying out of the trial process and seeking to nail down Covid relief without losing the support of any Democrats, who he needs on board to ensure the success of its passage for his first legislative win.

More on this split screen… but first:

FIRST IN HUDDLE: Mel and your Huddle host are hearing that some members of the Freedom Caucus are planning to trek down to Miami for a retreat this weekend — and will likely try to meet with Donald Trump while they're in the ex-president's home state. Rep. Mo Brooks (R-Ala.), who led an effort to challenge the election results in Congress, confirmed that he'll be part of the crew that is heading to the Sunshine State.

Notably, Brooks also signaled Monday that he is interested in running for the Alabama Senate seat being vacated by Sen. Richard Shelby (R-Ala.), who announced his retirement yesterday. An endorsement from Trump would carry a lot of weight in a GOP primary in deep red Alabama, and could even determine whether Brooks ultimately throws his hat into the ring.

And if Brooks and co. meet with Trump, they'll have plenty to talk about: not only does Trump's second impeachment trial kick off today, but some in the Freedom Caucus also unsuccessfully tried to oust Rep. Liz Cheney (R-Wyo.) from GOP leadership last week over her vote to remove Trump from office. (Nothing is on the books, however, per our Meridith McGraw.)

SPEAKING OF IMPEACHING: Senate Majority Leader Chuck Schumer announced yesterday that he and Senate Minority Leader Mitch McConnell clinched an agreement on the parameters and schedule for Trump's second impeachment trial.

ON TAP -- The constitutionality vote: The proceedings start today at 1 p.m. The two parties will then split 4 hours to make their case as to why or why not Trump can be impeached now that he is out of office, a matter that will be settled by a simple majority vote.

Wednesday: Trump's defense team and the House managers will have up to 16 hours per side for presentations, with Democrats starting first at noon.

Afterwards: Once both sides have finished their presentations, Senators may consider any motion to subpoena documents or witnesses.

Andrew and Burgess have the deets: http://politi.co/3cXD2Xo

THE DEFENSE: In a 78-page legal brief , Trump's attorneys argued the House's effort is a constitutionally deficient "political act" that cannot result in his conviction over the charge that he incited the insurrection at the Capitol last month.

Andrew sorted through the pages for you, here are key highlights of their argument: http://politi.co/3a1T1SA

-If Trump is ultimately convicted and barred from serving in public office, they argue, it would not be binding. Trump could challenge the decision in court, should he seek to run again.

-They reject Dems' claim Trump didn't step in to stop the riots as violence broke out, describing him as "horrified" by what he saw but "complex procedural elements" impeded his response.

-They argued Trump exercised his freedom of speech -- Democrats are just trying to claim it was impeachable because it's part of their yearslong, partisan crusade to go after Trump.

Also check out Kyle's guide on how to watch the second impeachment trial like a boss: http://politi.co/3rxpBl9

SIDE NOTE: Trump attorney David Schoen, who had initially asked Senate leaders to halt the trial starting Friday evening through Saturday so he could observe the Sabbath, said in a follow-up letter that he has changed his mind and withdrew his request. So… get ready for a possible impeachment weekend.

Meanwhile, Trumpworld has largely rallied back behind Trump nearly a month after the attack: "He's Teflon, right. It's been a month since the Capitol riot and I would say, for the most part, the GOP has coalesced back behind him," a former Trump campaign official told Meredith McGraw and Gabby Orr. More here: http://politi.co/3jEfZlN

Related Reads: MAGA is already over Trump's impeachment trial by Tina Nguyen: http://politi.co/39Zgunl | 7 witnesses who could shed light at Trump's impeachment trial by WaPo's Aaron Blake: http://wapo.st/3tJSiNM | House Republicans who backed impeaching Trump have no regrets as Senate GOP reckons with former President's role by CNN's Manu Raju and Sarah Fortinsky: http://cnn.it/3tJghwa

A message from SoftBank Group:

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PRESSING IT: The Senate has also landed on less draconian restrictions for the press during the impeachment trial. Under new media guidance, all reporters covering the trial will need special credentials to stake out the Senate subways (you can share them). There will also be socially distanced markers on the floor for reporters in key Senate stakeout areas like the Ohio Clock Corridor and the Senate subway.

A POLL DEMS ARE WATCHING: Most voters think Trump should be convicted, barred from running for office. Read more here from our Daniel Payne: http://politi.co/3rAuPMV

COVID ON THE MIND: The House Education and Labor Committee will begin marking up Biden's $1.9 trillion "American Rescue Plan" today, making it the first of nine House committees that will take part in the rapid-fire mark-up process that is expected to wrap Friday. The Ways and Means Committee, which goes last in marking up the massive reconciliation bill, has a huge part of the relief bill to handle, including a boost in federal unemployment benefits and a major expansion of child tax benefits.

Already, House Dems have given progressives a win by moving ahead with a coronavirus stimulus package that would keep the existing income thresholds for Americans who receive stimulus checks, while tightening eligibility for higher-earning Americans.

"The plan, which was unveiled Monday night, would keep $1,400 stimulus checks flowing to Americans making up to $75,000 a year — rather than the $50,000 threshold that some moderate Democrats had proposed. It would, however, tighten eligibility for those making over $75,000 as an individual — a higher-earning group that previously qualified for smaller checks. Couples making $150,000 would also qualify for direct payments," my colleagues report.

(Where's Sen. Joe Manchin on this? Not a no.)

Meanwhile, there is a growing debate about including the $15 an hour minimum wage hike in the Covid bill, particularly after the CBO found that raising the minimum wage to $15 an hour would reduce employment "by 1.4 million workers, or 0.9 percent." Such a move creates a messaging hurdle that is hard to counteract amid the pandemic-stricken economy. The Biden administration is open to splitting it off if it lacks enough support, with Manchin saying nope.

Heather and Sarah have more: http://politi.co/3rFOefB

Related Read: Minimum wage hike would help poverty but cost jobs, Budget Office says by NYT's Jason DeParle: http://nyti.ms/3aLkTtf

HAPPY TUESDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this Feb. 9, where some internet fads just seem to stick more than others.

MONDAY'S MOST CLICKED: USAToday's story on how GOP Reps. Gohmert, Clyde fined under new metal detector rules was the big winner.

TUNE IN TO GLOBAL TRANSLATIONS: Our Global Translations podcast, presented by Citi, examines the long-term costs of the short-term thinking that drives many political and business decisions. The world has long been beset by big problems that defy political boundaries, and these issues have exploded over the past year amid a global pandemic. This podcast helps to identify and understand the impediments to smart policymaking. Subscribe and start listening today.

On the Senate side:

FIRST IN HUDDLE: Dem Sens. Michael Bennet (Colo.), Ben Ray Luján (N.M.) and Amy Klobuchar (Minn.) are leading 27 of their Senate colleagues in calling on top Capitol officials to provide additional emotional and behavioral health resources for congressional staff, janitorial and food service workers, members of the press corps, and Capitol Police to help them cope with the deadly attack on the Jan. 6.

"As we work toward accountability and governing after the attack, Congress must ensure that support services, including emotional and behavioral health services, and resources are available to and appropriate for all who work in the Capitol to help promote healing," the senators wrote. You can read the full letter here: https://bit.ly/2Lwz38T

Related Reads: "Is this how I die?" An Op-Ed from CNN photojournalist Joshua Replogle: http://cnn.it/3aMBtZJ | Capitol riot warnings weren't acted on as system failed, WSJ's Rachael Levy, Dan Frosch, and Sadie Gurman scoop: http://on.wsj.com/3paBITK

RIFTING: During the vote-a-rama last week, one key vote put Democrats' unity to the test … and a hole was ultimately blown open after a bloc of Democrats sided with Republicans over their more progressive colleagues in voting to restrict stimulus checks to undocumented immigrants.

It is becoming a point of contention, with a majority of Democrats argue such an amendment could block children and spouses of undocumented immigrants from receiving checks.

The eight Senate Democrats who supported prohibiting undocumented immigrants from receiving checks includes the No. 4 Democratic leader Debbie Stabenow (D-Mich.), the chair of the party's campaign arm Gary Peters (D-Mich.) and several senators up for reelection.

More here from Burgess and Marianne: http://politi.co/3rNoEW7

RETIREMENT RUSH: Big news for Alabama: Sen. Richard Shelby (R-Ala.), 86, announced yesterday that he won't run for reelection next year, capping a six-term tenure in the upper chamber in which he led multiple Senate panels including the powerful Appropriations Committee.

The retirement of the powerful Alabamian, who was elected to the Senate in 1986, likely means an open season in the primary. Some possible candidates for the deep red seat are: Rep. Mo Brooks, his former chief of staff Katie Boyd Britt, Secretary of State John Merrill, Rep. Gary Palmer and Lynda Blanchard.

Caitlin Emma and James Arkin with the story: http://politi.co/3cU7th6

Related Read: Dem Scott Sifton launches 2022 Senate bid for Blunt's seat by St. Louis Post-Dispatch's Jack Suntrup: http://bit.ly/2OleGg4

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On the House side:

A SAD FAREWELL: Rep. Ron Wright died Sunday night at age 67 after battling Covid. His office in a statement confirmed Wright's death on Monday morning, saying "his wife Susan was by his side and he is now in the presence of their Lord and Savior."

The congressman, who was reelected in November, had been battling cancer for years. His death marks the first time a sitting member of Congress has died after contracting the virus. Melanie has the story: http://politi.co/2N5xnnk

And The Dallas Morning News has more: http://bit.ly/3p66jkZ

FILE THIS UNDER...This might be a first: A House Dem tried to fundraise off of Stacey Abrams being nominated for a Nobel Peace Prize (h/t to WaPo's Dan Diamond)

OB-TENNEY-ABLE: The last unresolved congressional race has now been decided after former Rep. Anthony Brindisi (D-N.Y.) conceded yesterday to his GOP challenger, former Rep. Claudia Tenney, after a monthslong battle.

Brindisi was expected to keep fighting in court the election over contested ballots, but to the surprise of many, he tossed in the towel and congratulated Tenney, saying it is "time to close the book on this election and focus on building a better community and more united Country for our children." Ally Mutnick and Anna Gronewold with the story: http://politi.co/39YWWPQ

Related Read: Oversight House chair wants to know who's financing Parler by The Verge's Makena Kelly: http://bit.ly/3tDVOZO

WOWZAS: The projected cost of having the National Guard help secure the Capitol from Jan. 6 through mid-March is $483 million, per Pentagon spox John Kirby. Inside Defense's Tony Bertuca has more: http://bit.ly/3p8ibTz

CABINET CORNER:

Upcoming:

9:15 a.m.: The Senate Homeland Security and Governmental Affairs Committee will have a hearing on the nomination of Neera Tanden to be director of the Office of Management and Budget.

During the hearing, Tanden plans to highlight her family's past reliance on government assistance, including her mother's decision to flee the stigma of divorce in India in hopes of a better life for her and her children in the U.S. and how they worked to achieve the American dream, per a copy of her opening remarks that my colleagues obtained.

Expect Tanden to face tough questions from Republicans about her role as a longtime partisan advocate who has a well-known history of attacking Republicans on social media. More here from Caitlin: http://politi.co/2MOH0qH

10 a.m.: The Senate Environment and Public Works Committee will vote on the nomination of Michael Regan to be administrator of the EPA.

Updates:

The Senate has overwhelmingly voted to confirm Denis McDonough as VA secretary by a vote of 87-7 on Monday. McDonough previously served as President Barack Obama's chief of staff.

Kathleen Hicks became the first woman to be confirmed in the Senate for the top deputy position in the Pentagon, which comes after being approved by a voice vote on Thursday on Monday.

JOIN WEDNESDAY – A PLAYBOOK INTERVIEW ON TRUMP'S SECOND IMPEACHMENT TRIAL: After weeks of tension following the January insurrection at the Capitol, all eyes are on the Senate as the second impeachment trial against former President Trump begins. Join Playbook co-author Rachael Bade for a discussion on the ins and outs of the historic proceedings with former Ambassador Norman Eisen, a senior fellow in Governance Studies at The Brookings Institution, and a former special counsel to the House Judiciary Committee. What arguments will Trump's lawyers and House impeachment managers use? Where will this leave things on Capitol Hill? REGISTER HERE.

TRANSITIONS

Mike Abboud is now national press secretary for House Minority Leader Kevin McCarthy. He most recently was a senior adviser in the bureau of global public affairs at State.

The Republican Governors Association is adding three new regional press secretaries: Maddie Anderson (previously comms director for Rep. Elise Stefanik), Will Reinert (previously press secretary for Congressional Leadership Fund) and Chris Gustafson (previously Michigan comms director for the RNC). …

Maggie Farry is now a policy analyst at New America's Open Technology Institute after previously working as a policy adviser for Sen. Kyrsten Sinema (D-Ariz.).

TODAY IN CONGRESS

The House is out.

The Senate convenes at 1 p.m.

AROUND THE HILL

10:30 a.m.: Schumer and other top Democrats will hold a news conference to discuss "to discuss how critical work on President Biden's American Rescue Plan will continue during the Senate impeachment trial."

1 p.m.: The Senate meets to hear arguments from the impeachment managers and Trump's lawyers to debate the constitutionality of the impeachment trial. After the arguments the Senate will vote, at a simple majority threshold, on whether the Senate has jurisdiction under the Constitution to try the former president.

3 p.m.: The House Education and Labor Committee is having a full committee markup of a Committee Print to comply with reconciliation directives included in section 2001 (b) of the Concurrent Resolutions on the Budget for FY2021.

TRIVIA

MONDAY'S WINNER: Jacob Murphy was the first person to correctly guess that Russian President Vladimir Putin stole Robert Kraft's Super Bowl ring in 2005. Kraft had given it to him to check out and then when he put out his hand for the Kremlin leader to return him the ring, Putin put it in his pocket, and then left the room surrounded by his security detail.

TODAY'S QUESTION: From Jacob: Who is the only presidential candidate to win a majority of popular votes cast but lose the Electoral College count? And in what year did that happen?

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.

A message from SoftBank Group:

Entrepreneurs of color are vastly underrepresented in the tech industry. That's why SoftBank Group launched a new $100 million venture fund for outstanding Black, Latinx and Native American entrepreneurs that use technology to reimagine traditional business models and create new ones.

We are committed to demonstrating there is no tradeoff between diversity and excellence. Learn more at TheOpportunityFund.com.