News : Progressives dig in their heels on cops’ qualified immunity

Friday, May 21, 2021

Progressives dig in their heels on cops’ qualified immunity

May 21, 2021

Presented by SoftBank Group

With Nicholas Wu and Brakkton Booker.

FIRST IN HUDDLE: A group of House progressives led by Rep. Ayanna Pressley (D-Mass.) has told congressional leadership that a provision eliminating qualified immunity is a must-have in police reform negotiations, according to our Recast colleagues Brakkton Booker and Maya King, who first got word about this latest push.

The letter, signed by 10 liberals, including all members of "The Squad," says that police violence has been used as a "weapon of structural racism" and "continues to have devastating and deadly consequences for Black and brown lives across our country."

The letter didn't threaten to withhold votes if qualified immunity remained intact in a Senate version, but nixing this provision is a top priority for the progressive wing and losing 10 votes could make or break the passage of a bill in the lower chamber.

The House passed its version of the police reform bill in March , which was named after George Floyd, the man murdered last May by Minneapolis police. Qualified immunity, which shields law enforcement from being sued for violating a person's constitutional rights, has been a main sticking point in recent Senate talks. House Majority Whip Jim Clyburn (D-S.C.) signaled earlier this month that he was willing to leave qualified immunity intact to get a bill passed now, then try to chip away at it later. President Joe Biden had called for Congress to get a bill done by May 25, the anniversary of Floyd's death, but that deadline is all but impossible now.

You can read the full letter here: https://politi.co/3f5XxC3 And be sure to subscribe to the Recast to see the rest of their awesome work here: https://politi.co/2REnTlv

Related: White House backs off May 25 police reform deadline, by CNN's Betsy Klein and Maegan Vazquez: https://cnn.it/3fAGuXF

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GETTING DISTANCE: House lawmakers are back in their districts for committee work weeks and recess until June 14, which gives Republicans in the lower chamber the chance for the turbulent news cycle of intra-party fighting to blow over -- that is, unless another headline grabbing scandal pops up.

One House Republican joked it was almost like their golden rule to have drama dominate their efforts to stick to messaging.

Trouble has found them -- or maybe they've found trouble -- almost every week this past month, starting on April 26 during the House GOP retreat, when the intra-party rift over Rep. Liz Cheney's (R-Wyo.) opened wide, followed by the lightning-quick campaign to oust her from leadership. Just as Republicans replaced her with Rep. Elise Stefanik (R-N.Y.), news about the Rep. Marjorie Taylor Greene (R-Ga.) spectacle with Rep. Alexandria Ocasio-Cortez (D-N.Y.) dominated the airwaves. Then this week, House Minority Leader Kevin McCarthy (R-Calif.) bucked Rep. John Katko (R-N.Y.), who he deputized to negotiate a deal with House Democrats.

Which leads me to this point, about the mighty convenient timing of McCarthy saying yesterday that "sure," he is willing to testify before the proposed Jan. 6 commission: It's a statement very easy to make now that the commission's chances of coming to fruition are slim to none. It is one of those split-screen moments: McCarthy is publicly projecting an air of "I have nothing to hide" after working diligently behind the scenes in his conference to kill off support for the formation of the investigative body.

Still, there could be some more road bumps along the way. We are seeing a steady dribble of news about the federal investigation that is ensnaring Rep. Matt Gaetz (R-Fla.). Gaetz's longtime ally is cooperating with investigators, who are scrutinizing alleged sex trafficking of a minor. It isn't looking great for him at the moment.

Another thing to keep your eye on: GOP Rep. Brian Mast of Florida, who has been a leading face of the mask resistance on the House floor, suggested to me yesterday that he plans to file a lawsuit challenging the fines issued to members who don't wear masks.

"I don't know that they can legally do that -- that's another fight for another day," Mast told me. He noted that he just received notification of his first fine on Wednesday, which he noted will be deducted from his salary. When I asked what the fight for another day is, if he planned to file a lawsuit, he replied: "Yeah, I don't plan to pay them."

He added: "Look, I'm gonna do what makes sense — to just not wear a mask. I've been vaccinated. The CDC says I shouldn't have to wear one. But beyond that I don't make it a goal to sit there and, like, pay Pelosi money -- that's the last goal that I have in life is to give her any kind of penny." So let's see how this plays out.

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HAPPY FRI-YAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill on this May 21, where we are all just trying to be accommodating in our email sign offs.

THURSDAY'S MOST CLICKED: Rich Lowry's story in Politico Mag about why Republicans still have the upper hand for 2022 was the big winner.

DID SOMEONE DROP THE F BOMB? No, no one has dropped the F bomb -- the congressional one at least -- but Senate Republicans appear likely to change that with an expected filibuster of legislation to create a bipartisan commission to probe the Jan. 6 Capitol attack.

They are all but expected to use the procedure , which comes nearly four months into the Biden administration. BUT, if Republicans block the commission from coming together -- and they are hardening by the day against a potential investigative body that would be talking about Trump for months on end -- then we will see another spark over the filibuster's very existence, Burgess reports.

"I don't think there will be 10 votes on our side for it," said Sen. Mike Braun (R-Ind). "At this stage, I'd be surprised if you're gonna get even a handful."

And if Republicans hit go on the bill-buster, then you can expect Democrats to also make their case to their reluctant colleagues that the 60-vote status quo is unsustainable.

More here from Burgess: https://politi.co/3yqW7tn

Related: Biden's bank-shot strategy to win GOP support for his infrastructure bill, by Christopher Cadelago and Natasha Korecki: https://politi.co/3oJuyao

GOING SOLO: With the Jan. 6 commission bill heading towards a filibuster in the Senate, House Democrats have a backup plan to launch a sweeping investigation into the mob attack at the Capitol — without Republicans. They're just not sure if they will use it.

Some Democrats said they could move forward with a Democrat-led investigation into the insurrection. But Republicans could more easily dismiss a select committee's work as political theater, and some Democrats wonder if such a panel is needed on top of existing investigations.

House Speaker Nancy Pelosi reiterated her position yesterday that she wanted a bipartisan probe, and House Majority Leader Steny Hoyer (D-Md.) said on MSNBC he preferred a bipartisan commission but Democrats reserved the right to pursue "other options." Another option, Hoyer said, would be to "establish a select committee in the House, similar to the Republicans that had eight different investigations of Benghazi.

Armed Services Chair Adam Smith (D-Wash.) said a select committee "might make sense" given the potentially overlapping nature of other investigations. Much of the current investigation of the insurrection has been "ad-hoc" and "hasn't been coordinated," Smith added. BUT other top Democrats disagree and say their committees are already putting in enough work.

More from Nick and Sarah: https://politi.co/2RtuEXw

WOO-WE...There was a moment of panic for House Democrats yesterday when it appeared that they almost didn't have the votes to pass their $1.9 billion emergency funding bill after a group of progressive members revealed last-minute that they planned to oppose the proposal because it would appropriate more cash for Capitol Police.

It was tight as a shrunken sweater, with a 213-212 vote -- a margin so narrow that House Pelosi and other Dem leaders were scrambling to get the Squad to support the bill that lacked GOP support. The progressives argued that they wanted to know more about whether some officers were indirectly complicit in the Jan. 6 attack and they wanted it to include new accountability measures.

Three progressives signaled their discontent by voting present -- Reps. Alexandria Ocasio-Cortez (N.Y.), Rashida Tlaib (Mich.) and Jamaal Bowman (N.Y.) -- while three voted no, including Reps. Ilhan Omar (Minn.), Cori Bush (Mo.) and Pressley. "I am frankly tired of any time where there is a failure in our system of policing, the first response is for us to give them more money," Omar said in an interview.

More here from Sarah and Nick: https://politi.co/3f2IQQa

Related: House Ethics panel to drop $5K metal detector fines against Clyburn, Rogers, by The Hill's Cristina Marcos: https://bit.ly/3oC9CSz | Warren, Moulton want Walsh to disclose more on Dennis White controversy, by The Boston Globe's Jim Puzzanghera: https://bit.ly/3bIh9dr | Sisters in Congress: Katherine Clark and Grace Meng talk about their bond and the importance of allyship, by 19th News' Errin Haines: https://bit.ly/3fzWrgP

DON'T MISS OUT ON OUR NEW PLAYBOOK DEEP DIVE PODCAST: Washington is full of whispers, colorful characters and little-known back stories that even D.C. insiders might not know. Playbook Deep Dive is a new, weekly podcast that pulls back the curtain on the stories behind the power. From Congress and the White House to bar stools and backrooms, POLITICO's top reporters and Playbook authors bring you the most compelling and confounding stories that explain what's really going on in Washington. SUBSCRIBE NOW.

MOBILIZING IN MISSOURI: The Senate primary in Missouri is shaking out to be very interesting, at least in its early days, with candidates that can be divided into into two early lanes: the ambitious and the indicted, James Arkin and Melanie report.

There are the traditional candidates and then there is former Gov. Eric Greitens, who resigned from his governorship two years ago amid allegations he sexually assaulted and blackmailed a woman. But there is also Mark McCloskey, an attorney who gained a celebrity-like status on the right when he and his wife brandished firearms at Black Lives Matter protesters.

Some have yet to formally jump into the race, and four members of the Missouri congressional delegation are considering jumping into the warm waters. This includes Reps. Billy Long, Jason Smith, Ann Wagner and Vicky Hartzler.

My colleagues write: "It all sets up a messy and character-filled primary that the party will need to survive with enough unity — and electability — to keep retiring Sen. Roy Blunt's seat in the GOP column next November."

More here from James and Melanie: https://politi.co/3wnFcpU

Campaign Related: Don't sleep on Asian American voters, The Atlantic: https://bit.ly/2SXtF1V

CAN WE MAPQUEST THIS? Democrats are trying to learn how to navigate Biden's foreign policy doctrine as it takes shape. Biden isn't like Trump -- if they voice their disagreements, they won't wake up to find a politically damaging tweet sending them into a tailspin. But they aren't sure their vocal criticism will move the Dem president, either.

Per Andrew: "The president's latest foreign policy moves have rankled lawmakers on both ends of his party's ideological spectrum. Progressives and moderates alike are struggling to gain leverage over a commander-in-chief guided by his decades of experience and his long-standing view that leaders should conduct diplomacy out of the public eye."

He has faced pressure on how he responded to the Israel-Hamas conflict. He also waived sanctions against an ally of Russian President Vladimir Putin, handing Republicans a talking point and curtailing a months-long push by Democrats for sanctions that could rein in Russia's new multi-billion-dollar gas pipeline to Germany.

"President Biden will be his own secretary of state," Senate Foreign Relations Committee Chair Bob Menendez (D-N.J.), who criticized Biden's sanctions waiver, said bluntly. "I can't define what is the Biden view, but he has a global view. And I think he's going to call it as he sees it from his experiential factor and his [own] view."

Andrew has the deets: https://politi.co/3v93F1Z

PARKS AND VAX: Actor Nick Offerman, a.k.a. Ron Swanson from NBC's "Parks and Recreation," will testify before the House Energy and Commerce Committee next Wednesday to encourage people to get vaccinated.

QUICK CLICKS: As pandemic spread pain and panic, congressman chased profit, by the AP's Brian Slodysko: https://bit.ly/3oAdyTI | Cawthorn's internal poll measures job performance, approval, by Smoky Mountain News: https://bit.ly/3wnu38t

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TRANSITIONS

APPROVED: The Senate Commerce Committee approved Biden nominee Eric Lander to lead the Office of Science and Technology Policy yesterday in a bipartisan voice vote.

TODAY IN CONGRESS

The House meets at 9 a.m. No votes.

The Senate is out.

AROUND THE HILL

Pretty quiet.

TRIVIA

THURSDAY'S WINNER: Liam Burke was the first person to correctly guess that the last two nominees for President who came directly from the House were James Garfield and William Jennings Bryan.

TODAY'S QUESTION: From Liam: Two presidents served as soldiers and as postmasters at some point in their careers before becoming commander-in-chief. Who were they?

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.

Follow Olivia on Twitter: @Olivia_Beavers

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.