Wednesday, March 17, 2021

Scoop: GOP to accuse Biden of ‘unlawful’ border actions

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Mar 17, 2021 View in browser
 
POLITICO Playbook

By Rachael Bade, Eugene Daniels, Tara Palmeri and Ryan Lizza

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DRIVING THE DAY

Two numbers driving today: 62 and 40.

62 — That's the percentage of people who strongly or somewhat approve of the job President JOE BIDEN is doing, according to a new POLITICO/Morning Consult poll that also pegs support for his pandemic bill at over 70%.

These are the numbers the White House wants to talk about this week. But then there's this …

40 — That's the number of Senate Republicans who are set to accuse Biden of committing "unlawful" acts by freezing congressionally appropriated money for border wall construction on Inauguration Day. In a letter to the nonpartisan Government Accountability Office today, they will argue not only that Biden's move was unsanctioned by Congress but that it exacerbated the border crisis. More below …

In an interview with ABC's GEORGE STEPHANOPOULOS on Tuesday night, Biden made news on two of the most controversial aspects of his young presidency: the filibuster and immigration.

On the filibuster: "I don't think that you have to eliminate the filibuster, you have to do it what it used to be when I first got to the Senate back in the old days. You had to stand up and command the floor, you had to keep talking."

Playbook notes: A "talking filibuster" wouldn't necessarily mean getting rid of the 60-vote threshold. We won't know what Biden meant until he elaborates. (And we'll get our first real chance when Biden holds his first real press conference March 25.)

On immigration: "Don't come over. Don't leave your town or city or community," the president said, referring to migrants. Administration officials have said this before. But as the country is "on pace to encounter more individuals on the southwest border than we have in the last 20 years," as his DHS secretary said Tuesday, Biden's comments show just how serious the situation at the border has gotten.

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BIPARTISANSHIP'S LAST GASP — It's almost quaint: A group of 20 Senate Democrats and Republicans will break bread today in the hopes of sparking bipartisan progress on a range of hot-button issues.

But the chances of the group producing anything of substance are dim — and privately they all know it. The pull for both parties is in the opposite direction. Progressives are nudging Biden and the Democratic Party further left: They have no interest in diluting their goals in a (most likely fleeting) moment of power. The right is already eyeing a takeover of Congress in the midterms on a message of Democratic overreach.

The early days of the new administration have Republicans in the group feeling gloomy. They worked through the holidays over Zoom to help craft a pandemic relief bill they were all proud of. Moderate Republicans thought they'd continue riding high with Biden entering the White House. He was one of them — a reasonable pol with whom they could cut a deal.

But Biden dashed their hopes by cutting off bipartisan pandemic talks just when they were getting started. (Democrats dismiss the notion that Republicans were genuinely interested in getting to yes.) He and the party went their own way, and few expect the infrastructure debate will be any different.

Skepticism also abounds on the minimum wage, policing reform, immigration, even legislation to curb violence against women. In theory, there's a middle ground on all these issues. But there's no sign the will is there among the people who could make it happen.

Democrats riding high after their Covid relief success are hardly going to want to tell an emboldened left to lower their expectations. Senate Majority Leader CHUCK SCHUMER may also find it politically advantageous to put more liberal versions of bills on the floor, force Republicans to vote against them and then tee up the ads painting Republicans as anti-woman, anti-equality and anti-immigrant.

Going that route would also give the left a stronger justification (in its view) to nix the filibuster, which is what it ultimately wants.

For today, the group of 20 can at least enjoy their lunch.

Good Wednesday morning. Got a news tip? A document to share? Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza, Tara Palmeri.

MORE ON THAT SENATE GOP LETTER … Later this morning, Sen. RICHARD SHELBY (R-Ala.), the ranking member on the Senate Appropriations Committee, will lead at least 39 of his GOP colleagues calling on the GAO to look into Biden's move suspending border wall construction and freezing funding for it appropriated by Congress.

Pointing to the surge of migrants and increase in border apprehensions, the group will argue that Biden's actions "directly contributed to this unfortunate, yet entirely avoidable, scenario." Following the decision, "operational control of our southern border was compromised and a humanitarian and national security crisis has ensued," they'll write, according to an early copy shared with Playbook.

The letter will argue that Biden's moves "are also a blatant violation of federal law and infringe on Congress's constitutional power of the purse." Interestingly, the letter will cite GAO's move to call foul on former President DONALD TRUMP'S decision to halt military aid to Ukraine without the Hill's consent. That, you'll remember, was a central charge in the first impeachment. Republicans will say Biden is doing the same thing now.

SURVEY SAYS — As Biden and co. hit the road to sell the Covid relief package, it's not going to take much work. According to a new POLITICO/Morning Consult poll, 72% support the new law, versus 21% who oppose it.

As our Steve Shepard writes: "Support is nearly universal among Democrats — 95% — and strong among independents at 69%. Despite the law's earning no support from Republicans in Congress, GOP voters are split: 44% support it, and 48% oppose it."

We also asked about the fencing erected around the Capitol after the Jan. 6 riot. Seventy-three percent of Democrats and 51% of independent voters felt the security fence should remain up. Only 31% of Republicans agreed. ToplinesCrosstabs

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BIDEN'S WEDNESDAY — The president will attend a mass in honor of St. Patrick's Day at 8 a.m. in Wilmington, Del. At 9:40 a.m., Biden will depart Wilmington to return to Washington. He'll receive the President's Daily Brief at 9:50 a.m. en route to Washington, where he'll arrive at 10:35 a.m. Biden will hold a virtual bilateral meeting with Irish PM MICHEÁL MARTIN at 1 p.m. in the Oval Office.

— The White House Covid-19 response team and public health officials will brief at 1:30 p.m. Press secretary JEN PSAKI and Education Secretary MIGUEL CARDONA will brief at 3 p.m.

— VP KAMALA HARRIS will host Martin for a virtual bilateral meeting at 11 a.m. in the VP's Ceremonial Office. At 12:10 p.m., Harris will attend a virtual event with Martin celebrating the Frederick Douglass Global Fellows in the South Court Auditorium. The VP will hold a virtual meeting with Northern Ireland First Minister ARLENE FOSTER and deputy First Minister MICHELLE O'NEILL at 2:30 p.m. And at 4 p.m., Harris will swear in MICHAEL REGAN as EPA administrator in the Eisenhower Executive Office Building.

THE HOUSE will meet at 10 a.m. DHS Secretary ALEJANDRO MAYORKAS will testify before the Homeland Security Committee at 9:30 a.m. The Energy and Commerce oversight subcommittee will hold a hearing at 10 a.m. on increasing vaccinations, with ANTHONY FAUCI, the FDA's PETER MARKS and CDC Director ROCHELLE WALENSKY.

THE SENATE will meet at 10:30 a.m. At 11:30 a.m., it will vote on KATHERINE TAI'S nomination to be U.S. trade representative and vote to invoke cloture on XAVIER BECERRA'S nomination to be HHS secretary. The Judiciary Committee will hold a hearing on the Equality Act at 10 a.m.

 

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PLAYBOOK READS

Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases and chief medical adviser to the president, speaks to a group of interfaith clergy members and community leaders and officials at the Washington National Cathedral, to encourage faith communities to get the COVID vaccine, Tuesday, March 16, 2021 in Washington.

PHOTO OF THE DAY: Anthony Fauci addresses interfaith clergy members and community leaders at the Washington National Cathedral on Tuesday, in an effort to bolster vaccine uptake among faith communities. | Manuel Balce Ceneta/AP Photo

BREAKING OVERNIGHT — "8 killed in metro Atlanta spa shooting spree; suspect captured in South Georgia," Atlanta Journal-Constitution: "Six of the eight victims were Asian women, authorities said."

THE WHITE HOUSE

BIDEN ALSO WEIGHS IN ON CUOMO — ABC: "'There should be an investigation to determine whether what she says is true,' Biden told Stephanopoulos during a wide-ranging interview in Darby, Pennsylvania. 'That's what's going on now.' He added: 'There could be a criminal prosecution that is attached to it. I just don't know.' …

"Biden said 'a woman should be presumed telling the truth and should not be scapegoated and become victimized by her coming forward.' 'Takes a lot of courage to come forward,' the president said."

'UNPRECEDENTED AND UNCONSTITUTIONAL' — "Republican attorneys general threaten key element of the $1.9 trillion stimulus," WaPo: "Twenty-one Republican state attorneys general on Tuesday threatened to take action against the Biden administration over its new $1.9 trillion coronavirus stimulus law, decrying it for imposing 'unprecedented and unconstitutional' limits on their states' ability to lower taxes.

"The attorneys general take issue with a $350 billion pot of money set aside under the stimulus, known as the American Rescue Plan, to help cash-strapped cities, counties and states pay for the costs of the pandemic. Congressional lawmakers opted to restrict states from tapping these federal dollars to finance local tax cuts."

CONGRESS

THE NEXT BIG HEALTH CARE FIGHT — "Democrats treading lightly on Biden's next big health care promise," by Alice Miranda Ollstein and Joanne Kenen: "Democratic lawmakers and allies favoring a public option to compete with private insurers want the party to seize on its narrow congressional majorities to muscle through an idea that's long been popular with the base. They're betting that after years of rising health costs and the GOP's failed attempts to throw out Obamacare, voters in the tightly contested 2022 midterms would reward Democrats for tackling health care costs.

"Democratic politics have moved left since centrist lawmakers jettisoned a public option from the original Affordable Care Act legislation back in 2009. At the time, a government-run health plan was seen as too radical. But as progressive calls for a fully government-run 'Medicare For All'-type system have gotten louder in the intervening years, the public option has become classic Biden middle ground — popular with independents and even some Republican voters."

THE BIDEN ADMINISTRATION

BY THE NUMBERS — "The State Department has a systemic diversity problem," by Ryan Heath: "Though 40 percent of the American population is from a racial or ethnic minority, 'only 13 percent of the Department's Senior Executive Service are people of color,' said Ambassador Gina Abercrombie-Winstanley, a career diplomat. 'It was more diverse in 1986 — literally — than it is now,' said Eric Rubin, president of the American Foreign Service Association, which represents the department's diplomats.

"The State Department's official historians say that minority staff made up 12.5 percent of employees at the end of the 1980s. According to Government Accountability Office figures from 2020, the ratio of African American employees has fallen since 2002. Black women make up 9 percent of staff, down from 13 percent, and just three percent of the Senior Foreign Service is Black. 'We've disproportionately lost senior foreign service officials that are non-white and non-male,' Rubin said."

 

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POLITICS ROUNDUP

'YOU DON'T SEE THE FIGHT' — "GOPers on Biden's Covid bill: We bungled this one," by Gabby Orr, Christopher Cadelago, Meridith McGraw and Natasha Korecki: "The overwhelming sentiment within the Republican Party is that voters will turn on the $1.9 trillion bill over time. But that wait-and-see approach has baffled some GOP luminaries and Trump World figures who … fear the party did little to dent Biden's major victory …

"'The lack of response to this bill in an organized messaging and aggressive media push back is shown by the fact that Democrats have now gone from $2 trillion to a $4 trillion infrastructure package. If Covid relief was that easy, why not just run the table?' said former Trump White House chief strategist Steve Bannon.

"'It's a fairly popular bill that polled well because it's been sold as a Covid relief bill with direct cash payments to Americans — what's not to like?' he added. 'However, that's not what the bill is. That's a huge problem because 2022 has already started and you don't see the fight here.'"

CALIFORNIA'S CALLING "Newsom plans to 'fight like hell' to save political legacy," by Carla Marinucci and David Siders: "California Gov. Gavin Newsom broke his silence on the California recall with a string of national television appearances this week, pinning the effort on President Donald Trump supporters, anti-immigrant forces and conspiracy-driven opportunists.

"Heading into Wednesday's signature deadline, Newsom is trying to frame California's recall as an extension of the divisive 2020 presidential fight. 'We're gonna take this extremely seriously … we're gonna get ready — and fight like hell,' Newsom senior strategist Sean Clegg said. 'This is a Republican recall — with a capital "R" — and we're going to make it that.'"

2024 WATCH — "Former Secretary of State Pompeo to speak remotely to NH Republicans during event for House candidate," WMUR: "WMUR has learned Pompeo will appear remotely March 29 as the featured speaker for a fundraiser for Merrimack Town Councilor Bill Boyd, the GOP candidate for the New Hampshire House seat representing his hometown. …

"Pompeo will remotely 'visit' leadoff presidential primary state New Hampshire just a few days after he embarks on a two-day in-person visit to first-caucus state Iowa on March 24 and 25."

SHOW ME THE MONEY — "House GOP super PAC launches hard-money arm," by Zach Montellaro: "The Congressional Leadership Fund, the super PAC with close ties to House Republican leadership, is launching a hard-money arm that will allow it to endorse and contribute directly to candidates and members of Congress.

"The effort, dubbed the 'CLF Trailblazers Fund' and shared first with POLITICO, marks a new step for the high-spending super PAC that will allow it to have a more direct role in congressional races, potentially including GOP primaries. The super PAC will continue its independent expenditures as well, in a setup known as a hybrid PAC or a 'Carey committee.' Hybrid PACs are fairly popular and started cropping up in earnest in 2012, shortly after a 2011 federal court decision that allowed for them."

TRUMP CARDS

STAMP OF APPROVAL — "Trump urges all Americans to get COVID vaccine: 'It's a safe vaccine' and it 'works,'" Fox News

DONALD VS. MEGHAN, 2024 — "Trump on rumors Meghan Markle will run for president: 'I hope that happens,'" Fox News: "Former President Donald Trump told Fox News on Tuesday that if the rumors surrounding Meghan Markle's potential 2024 presidential bid prove to be true, he'd have an 'even stronger feeling toward running' in the next election.

"'I hope that happens. If that happened, I think I'd have an even stronger feeling toward running,' Trump told [Maria] Bartiromo. The former president would not confirm whether he planned to run again in 2024 at an earlier point in the interview."

RE: NOVEMBER 2020 — "Putin targeted people close to Trump in bid to influence 2020 election, U.S. intelligence says," WaPo: "Russian President Vladimir Putin and other senior officials in Moscow sought to influence the 2020 election by spreading misleading information about Joe Biden through prominent individuals, some of whom were close to former president Donald Trump, the U.S. intelligence community said in a report Tuesday.

"The new report does not identify those individuals by name , but it appears to reference Trump's onetime personal lawyer Rudolph W. Giuliani … Both Russia and Iran sought to influence the election … But a third major adversary, China, did not even try, it says, contradicting the Trump administration's assertions about Beijing's activity last year."

ABOUT THE BORDER WALL — "Trump's Incomplete Border Wall Is in Pieces That Could Linger for Decades," NYT: "The incomplete border wall, already one of the costliest megaprojects in United States history, with an estimated eventual price tag of more than $15 billion, is igniting tensions again as critics urge Mr. Biden to tear down parts of the wall and Republican leaders call on him to finish it.

"The Biden administration suspended construction on the border wall on Jan. 20, the president's first day in office, announcing a 60-day period during which officials are determining how to proceed."

 

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.

 
 
PLAYBOOKERS

FIRST IN PLAYBOOK — Pete Kavanaugh is launching Highbury Strategies, a consulting firm. He previously was deputy campaign manager for the Biden campaign and is a Hillary Clinton and Barack Obama alum.

— Michael Clemente has started doing consulting work for the Washington Examiner. He is the former EVP of Fox News, and is a CNN and ABC alum.

MEDIAWATCH — Aída Chávez is now D.C. correspondent for The Nation. She previously was a congressional reporter for The Intercept.

TRANSITIONS — Ben Driscoll is now senior counsel for the Senate Rules Committee. He previously was judiciary program director at the League of Conservation Voters. … Rodericka Applewhaite is now senior comms adviser for the Michigan Democratic Party. She previously was on the rapid response team for Pete Buttigieg's campaign and is an EMILY's List alum. …

… Angel Hernandez is joining the Housing Policy Council as VP of capital markets. He previously was director of MBS programs at Ginnie Mae. … Corey Schrodt is now government relations manager for climate policy at the Niskanen Center. He previously was chief of staff for Rep. Francis Rooney (R-Fla.).

ENGAGED — Emily Haas, senior director at FTI Consulting and a Conor Lamb alum, and Mark Paustenbach, SVP at Rokk Solutions and a Treasury Department and Biden alum, got engaged Sunday in Cape Elizabeth, Maine. Pic

WELCOME TO THE WORLD — Heather Caygle, co-congressional bureau chief at POLITICO, and Aaron Lorenzo, tax reporter at POLITICO, welcomed Hadley Catherine Lorenzo on Monday. She came in at 8 lbs, 7 oz and 21 inches. Pic

— Shira Siegel, legislative director for Rep. Elaine Luria (D-Va.) and a Nita Lowey and Mike Quigley alum, and Jordan Blumenthal, a counsel and policy adviser for the House Oversight Committee and an Elijah Cummings and Patrick Murphy alum, welcomed Zeke Parker Blumenthal on March 7. Pic

HAPPY BIRTHDAY: Rep. Dave Joyce (R-Ohio) … Tim Burger Judy Stecker … Laurel Strategies Chair and CEO Alan Fleischmann … Rokk Solutions' Mark Paustenbach and Stefano Dotti … former CIA Director Michael Hayden (76), whose birthday wish is that Ted Cruz drop his hold on Bill Burns to be CIA director … Eileen O'Connor, SVP of comms at the Rockefeller Foundation … Carl LeubsdorfHarrell Kirstein … POLITICO's Sarah Owermohle and Connor FoxwellPatrick Murphy of 3 Click Solutions … Mary SchaperMyrlie Evers-WilliamsJoe Hines, digital director at Stand Up America … CNN's Kate Sullivan … 270toWin's Allan Keiter Ethan Porter, assistant professor of media and public affairs at GW ... former Reps. Cynthia McKinney (D-Ga.) and Denver Riggleman (R-Va.) … NBC's Sally Bronston … CBS' Trey Sherman ... NRDC's Mark Drajem … Facebook's Erin Murray ManningJames FlexnerBen Miller, VP of production at Convergence Media … MSNBC's Tiffany Mullon … Yahoo's Dylan StablefordLarry Farnsworth, president of Gavel Public Affairs … WSJ's Anna Rafdal … Uber's Annaliese Rosenthal Andrew Kovalcin, principal at Advanced Advocacy … Keira Bair … RNC's Katelyn Seago (25) … Peter Barrett (5-0) … Jake Leahy

Send Playbookers tips to playbook@politico.com. Playbook couldn't happen without our editor Mike Zapler and producers Allie Bice, Eli Okun and Garrett Ross.

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