Monday, February 8, 2021

Trump on trial, season 2

Presented by SoftBank Group: A play-by-play preview of the day's congressional news
Feb 08, 2021 View in browser
 
POLITICO Huddle

By Olivia Beavers

Presented by SoftBank Group

The trial is here. After weeks of tension in the House following the Jan. 6 insurrection that pushed lawmakers to impeach Donald Trump for the second time, the focus is shifting to the Senate as the impeachment trial kicks off tomorrow.

We're still awaiting answers to big questions, including how long it will last and whether witnesses will be called. And while it's highly doubtful enough Republicans will join Democrats to convict Trump, the arguments used by both Trump's lawyers and House impeachment managers will hold critical clues for the future of the post-Trump GOP and the Democratic midterm message.

Here is what you need to know.

THE ARGUMENTS: Democrats will use a trove of evidence -- from video, social media and other public domains -- to help make their case that Trump's words and actions incited rioters to attack the Capitol over his baseless claims that the election was "stolen."

This approach is expected to pull from Trump's press conference outside the White House hours before the attack, in which he told his supporters to "fight like hell" and go to the Capitol and his subsequent failure to call off the attack that left five dead, as well as his months-long campaign to undermine the election results.

Also cue that audio of Trump pressuring Georgia's secretary of state on a phone call to "find" the votes needed to reverse Biden's win in the state.

Rioters haven't been shy sharing their photos and videos of the attack on social media, either, which gives the impeachment managers two perspectives to use: The attacked and the attackers. They are also armed with criminal pleas from rioters who have claimed they were doing Trump's bidding on Jan. 6.

"We think that every American should be aware of what happened," Rep. Jamie Raskin (D-Md.), the lead impeachment manager, told the NYT in an interview published Sunday.

Republicans have, for weeks now, latched onto the procedural argument that a former president cannot be impeached as a private citizen, allowing them to avoid passing judgment on Trump's conduct.

It's also a view that legal experts across the political spectrum have shot down. Most recently, well-known conservative lawyer Charles Cooper dunked on their position in a Sunday WSJ Op-Ed, arguing that the provision in the Constitution that allows the Senate to bar a president from running for office again "cuts against their interpretation" and "defies logic" because the president is already removed from office for this next step.

WITNESSED: Democrats haven't yet said whether they'll call witnesses during the trial. The thing is, they don't want to get stuck in some drawn out court fight for witness testimony like last time, particularly when most of the impeachment managers and jurors are witnesses themselves. But someone may have the option of coming forward voluntarily.

The first and second impeachment processes clearly are quite different . This time is also far more personal to many in the Capitol -- and the country -- compared to a phone call with a Ukraine leader. It is clear that the content of the deadly Jan. 6 riot is likely to serve as a reminder to many who are still reeling from last month's events.

"For many of us, we haven't even gotten a chance to catch our breath. And we've been dealing with heavy issues," said Rep. Jim McGovern (D-Mass.), who was in charge of the House floor when mobs breached the Capitol, who noted last week's extraordinary vote to remove a member from her committees. "But I'm going to be watching closely...After all the destruction that occurred here it's just, it's hard to get over."

Marianne with more about how this impeachment vs. the first: http://politi.co/3tE4r6M

GET IT DONE: Both parties are on board with a speedy trial, with Democrats eager to focus their attention on passing President Joe Biden's agenda and confirming his Cabinet nominations, while Republicans are dreading weeks of focusing on Trump's actions.

Right now, we are looking at a weeklong trial -- possibly two. Senate Majority Leader Chuck Schumer and Senate Minority Leader Mitch McConnell are finalizing the trial's organizing resolution, which the Senate will pass before the trial arguments begin and make the timeline more clear.

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Schumer's office is also looking to accommodate a request from David Schoen, one of Trump's impeachment attorneys, to put the trail on pause during the Jewish Sabbath, the Times first reported.

The timing also comes as Democrats yet again understand that they are unlikely to get 17 GOP senators to side with them this time to convict Trump.

Andrew with more on how both parties want Trump gone, but they differ on how: http://politi.co/3tBRk62

Related Reads: Impeachment case aims to marshal outrage of Capitol attack against Trump by NYT's Nick Fandos: http://nyti.ms/36PTS6G | 'An easy choice': Inside Biden's decision to go it alone with Democrats on coronavirus relief by Ashley Parker, Matt Viser, and Seung Min Kim: http://wapo.st/36S3Mok

HAPPY MONDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this Feb. 8, where you House staffers can definitely relate to this feeling.

FRIDAY'S MOST CLICKED: The Tennessean's story on Martha Hays Cooper, wife of Tennessee Rep. Jim Cooper dying at 66 was the winner.

 

TUNE IN TO NEW EPISODE OF 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 for Season Two, available now.

 
 

KEEPING UP WITH THE MANCHIN: One senator at the top of both parties' watch lists is Sen. Joe Manchin, who has become a key voice and potential swing vote with Democrats' narrow control of the Senate.

As Burgess writes: "A conservative throwback who speaks his mind and is maddeningly frustrating to liberals. He sided with his party to give them a critical vote toward approving President Joe Biden's $1.9 trillion coronavirus stimulus plan, but is already vowing to cut back Democrats' dreams of a $15 minimum wage and limit who gets direct checks." More here on this sometimes unpredictable, but pivotal Senator: http://politi.co/3p5klDO

Related Agenda Reads: Dems try to shoehorn major child poverty reduction plan into Covid bill by our Sam Stein: http://politi.co/2O7McpQ | Senior Democrats to unveil $3,000-per-child benefit as Biden stimulus gains steam by WaPo's Jeff Stein: http://wapo.st/2MAgfq3

CHEN-SURED, BUT DEFIANT: Rather than laying low after the GOP conference voted to keep Rep. Liz Cheney in her leadership role last week, the Wyoming Republican is outfront arguing that the party should be charting their future away from Trump even as her state Republican party moves to censure her for her impeachment vote.

"We have to be in a position where we can say we stand for principle," Cheney said during an interview on "Fox News Sunday." "We have to really take a hard look at who we are and what we stand for and what we believe in."

Basically, she supports the opposite track of GOP leader Kevin McCarthy, who has angered Trump over his defense of Cheney last week, CNN reported ahead of her Sunday interview. (Eye emojis at Rep. Matt Gaetz (R-Fla.) retweeting a message Sunday that reads: "Kevin McCarthy vouched for Liz Cheney. Everything she says is on him.")

This all comes as new details are popping up from last week: McCarthy in a Wednesday meeting counseled Cheney on how to get through the upcoming Republican conference meeting where her fate on GOP leadership was under debate, including advising her that she apologize about how she handled the impeachment vote, according to Melanie, who confirmed Axios' reporting about the details of that meeting.

Cheney didn't take this advice. And it turns out she didn't need to -- though her team was already confident with their whip count.

Keep in mind for this week: Some Republicans have argued that if the Dem impeachment managers replay over and over again the clip of Cheney announcing her reasoning for her impeachment vote, it will open the wound all over again.

Related Read: Judge rules Republican Claudia Tenney won last open US House race by the AP's Marina Villeneuve: http://bit.ly/3a0y6iN | 'We're going to have to do battle': The Congressional Black Caucus eyes ambitious policy agenda under Biden by our Maya King and Sarah: http://politi.co/3rBQdl3

ELECTRIC ABOUT THE MAGS: House Republicans are accusing Pelosi of breaking her own rules by entering the House Chamber through the Speaker's lobby and therefore failing to complete security screening, which they argue comes with the $5,000 fine that is being imposed on members who avoid the electric magnetometers. More here from USAToday's Savannah Behrmann and Christal Hayes: http://bit.ly/3oUlUEd

COMING AFTER YOUR COVID TAKE: "Democrats are plowing forward with plans to pass a massive Covid-19 relief package. And if Republicans don't join them, they won't forget it. Already, there's talk about midterm attack ads portraying Republicans as willing to slash taxes for the wealthy but too stingy to cut checks for people struggling during the deadly pandemic," my colleagues Christopher Cadelago and Natasha Korecki report: http://politi.co/3p45Yzf

CAMPAIGN READS: Democrats seek a reset button in Ohio by our Jamie Arkin: http://politi.co/2LsRjjs | John Fetterman launches Senate bid in Pennsylvania by our Holly Otterbein: http://politi.co/3cS3thm | Vote-a-rama could fuel future campaign attacks by Roll Call's Bridget Bowman: http://bit.ly/3a34XDH

 

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A MEMBER YOU SHOULD KNOW: Freshman Rep. Carolyn Boudreaux is the only Democrat who flipped a seat from red to blue in this last election cycle, and in the high-profile state of Georgia no less. She won the seat after Rep. Rob Woodall, who she ran against a cycle earlier, chose to not seek reelection.

The backstory: It was a big accomplishment for Boudreaux that she was attending Yale, but things back home quickly began coming apart as her father's own business of making and selling large, colorful, paper animal hats floundered when the 1990's recession hit. She'd spent each of her weekends in high school helping him sell those hats on the streets.

"It was very dark," she said. She worked "very long hours" to get through school, but also people in the community chipped in. Boudreaux says it was their support and a chat with her father about one's "duty" that steered her on a path of pursuing public service.

Down to DC: Boudreaux landed a job working for Rep. Ron Wyden (D-Ore.), first in the House and then over to the Senate side. Now, her former boss is a close mentor. "I reached out to him early on. When I said I was going to run and he gave me the Oregon version of 'bless your heart,'" she said, laughing. "Starting in July of 2017, I've done five different types of races to get to this point."

FROM STUDENT TO STAFFER: Before coming to Congress, Boudreaux taught public policy at Georgia State University. Some students came and helped on her campaign, she says, and one of her "star students" -- Thomaesa Bailey -- now works in her office.

Pet Issue(s): Healthcare and infrastructure.

Will it be a potent message in swing states if Dems tie Republicans to Rep. Marjorie Taylor Greene and QAnon? "Yes." There is about one district separating Boudreaux's from Greene's.

If you could deliver a message to your Democratic colleagues about how to win more voters in 2022, what would be your advice? "Very intensive engagement with diverse communities of voters," particularly those who have never been engaged before… She also noted a fear of voters sharing that they are Democrats, including a neighbor hiding a biography of Hillary Clinton in brown paper wrapping before she went to the pool so her community wouldn't see. "That's where we started."

 

THE UNOFFICIAL GUIDE TO OFFICIAL WASHINGTON: February is short month, but there is a lot in store. From the impeachment trial to the Covid relief package to intraparty squabbles, our new Playbook team is on the case. Rachael Bade, Eugene Daniels, Ryan Lizza and Tara Palmeri are canvassing every corner of Washington, bringing you the big stories and scoops you need to know – and the insider nuggets that you want to know – about the new power centers and players. "This town" has changed. And no one covers this town like Playbook. Subscribe to the unofficial guide to official Washington today .

 
 
TRANSITIONS

Rachel Levitan will serve as comms director for the Senate Environment and Public Works (EPW) Committee. Levitan most recently worked for the House Foreign Affairs Committee as deputy comms director and a senior adviser.

Mark McDevitt is returning to work for Rep. Lori Trahan (D-Mass.) as her chief of staff, after previously working as the comms director for political intelligence at Morning Consult.

Sarah Matthews is now comms director for the House Climate Crisis Select Committee GOP after most recently working as the deputy White House press secretary in the Trump administration.

Ashley Lantz is joining Brady PAC as political director. She previously was chief of staff for Rep. Josh Gottheimer (D-N.J.).

Andrew Mamo is now comms director for Rep. Josh Harder (D-Calif.). He most recently was comms director for Rep. Andy Kim's (D-N.J.) reelect, and is a Pete for America alum.

TODAY IN CONGRESS

The House will meet at 2 p.m. in a pro forma session.

The Senate convenes at 3 p.m.

AROUND THE HILL

10:30 a.m.: Sen. Cory Booker (D-N.J.), Rep. Lauren Underwood (D-Ill.) and Rep. Alma Adams (D-N.C.) will hold an online news conference to discuss the introduction of the "Black Maternal Health Momnibus Act," which seeks to address "America's maternal health crisis."

3 p.m.: The Senate will meet today at 3:00 p.m. and proceed to consider the nomination of Denis McDonough to head Veterans Affairs.

6 p.m.: The Senate Foreign Relations Committee will have a closed briefing on "Around the World Threat Assessment" with Kin Moy, acting assistant secretary of State for intelligence and research, leading the briefing.

TRIVIA

FRIDAY'S WINNER: John Sullivan was the first person to correctly guess that there are two post-Civil war lawmakers who have been expelled from the House: Michael Myers of PA and Jim Trafficant of OH.

TODAY'S QUESTION: From your Huddle host: Who stole Robert Kraft's Super Bowl ring in 2005? And what happened when Kraft put out his hand in a gesture to have the ring returned? (Also a friendly reminder, Googling for trivia answers is against the rules…)

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.

 
 

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