Wednesday, June 16, 2021

Dems lean on Garland for big changes at Justice

Presented by Genentech: A play-by-play preview of the day's congressional news
Jun 16, 2021 View in browser
 
POLITICO Huddle

By Olivia Beavers

Presented by

With Melanie Zanona and Sarah Ferris.

MARIE KON-DOJ: Hill Democrats want Attorney General Merrick Garland to Marie Kondo the Justice Department and clean out the people and policies that have not sparked Democrats' joy.

The recent revelations that Donald Trump's DOJ secretly seized communication records belonging to Dem lawmakers, congressional staffers and journalists has created a groundswell of Dems pushing Garland to distance the Biden administration's DOJ from such practices and to support an independent inspector general's investigation into the matter. But it also has fueled some impatience -- if not frustration -- with the department.

"We cannot wait for the inspector general to share even his preliminary findings with DOJ, some months or years from now, before Congress contemplates a response," said House Judiciary Committee Chair Jerry Nadler (D-N.Y.), whose panel is spearheading the Hill's investigation.

Senate Majority Leader Chuck Schumer (D-N.Y.) has already called for public testimony from John Demers, the Trump-appointed chief of the Justice Department's national security division, who is set to leave the department by the end of the month.

Andrew and Marianne report: "Alleged political pressure on the Justice Department didn't stop there. Emails released Tuesday showed then-White House chief of staff Mark Meadows had pushed senior DOJ officials to investigate Trump's unsubstantiated claims of election fraud. While the damaging reports from the Trump era pile up, however, Garland's DOJ has maintained the Trump administration's positions on high-profile lawsuits involving the former president and Garland's predecessor, William Barr."

Another factor in the mix? Garland, who is trying to mollify Democrats, has held the role for three months. "I want to give [Garland] the benefit of the doubt. He comes out of the judiciary and may not have all that great situational awareness about the malevolent political forces around him," said Sen. Sheldon Whitehouse (D-R.I.), who was among the most vocal critics of the Trump-era Justice Department. "He's also still filling out his team. So I'm willing to be patient for a bit."

Still, Whitehouse warned: "But if it doesn't get better, as time moves on, I'm going to get pretty impatient."

More here from Andrew and Marianne: https://politi.co/3q6RDEE

Related: Jordan tears into DOJ officials for hostility to Meadows' election fraud inquiries, by our Nick Niedzwiadek: https://politi.co/3xo5tEX

 

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FEELING THE BERN: As Democrats inch closer to striking a deal with Republicans, they are seeing progressives mount their own resistance, issuing a series of demands that they say are a must -- or the bill will be a bust. One might say they are feeling the bern...

-Sen. Bernie Sanders (I-Vt.) has publicly announced he opposes the bill, stating: "Now is the time to address those needs and it has to be paid for in a progressive way given the fact that we have massive income, wealth inequality in America."

-Sen. Ed Markey (D-Mass) said no major climate change provisions, no Markey vote. He is also siding with Sanders that it is time to ditch bipartisan talks and "go our own way."

-Sen. Elizabeth Warren (D-Mass.): "I can't support any infrastructure package that does not include child care, clean energy and requiring the rich and powerful to pay a fair share to get this done… It has to be one deal and not two deals."

Across the Capitol: Rep. Pramila Jayapal (D-Wash.), who leads the Congressional Progressive Caucus, says her members plan to oppose the current bipartisan infrastructure bill proposal unless Democrats — she's looking at you, Sens. Joe Manchin (D-W.Va.) and Kyrsten Sinema (D-Ariz.) — also commit to moving their second bill that includes a list of Democratic priorities like paid family leave and enhancing public education.

It is starting to look like an either, or situation , which puts Democrats in the precarious position of being pitted against one another. That could end with them blowing up any chance of Biden passing his promised infrastructure package. Manchin and Sinema have not agreed to move the second package, which looks like Dems' best bet for getting something passed at the moment if progressives are going to get back on board. Well, ok, they also want their priorities folded back in too. So yeah, lot's of moving parts here.

And while the deadline goalposts keep shifting , Steve Ricchetti told House Democrats yesterday that the bipartisan negotiations have a week to 10 days to figure out if they have a path forward.

Meanwhile, GOP leader Kevin McCarthy (R-Calif.) recently told Mel: "It's moving in a better direction… The thing that I always look at is the definition of infrastructure -- this one is defined better... I want to look at what the pay-fors are. Are we able to use this unspent money?"

As Shakespeare once (sort of) put it: From ancient grudge break to new mutiny, where civil blood makes infrastructure negotiations unclean.

More here from Burgess and Marianne: https://politi.co/3pUFT84

Related: Democrats raise fresh alarms on emerging Senate infrastructure compromise, by WaPo's Tony Romm and Seung Min Kim: https://wapo.st/3xnnNxW | Democrats vow to push their own infrastructure plan as talks drag on, by NYT's Emily Cochrane and Jonathan Weisman: https://nyti.ms/3pX0cBC

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, June 16, where your huddle host better be invited if any of you do this.

TUESDAY'S MOST CLICKED: The Portland Press Herald's story on ex-Rep. Dana Rohrabacher marching on the Capitol on Jan. 6 was the big winner.

LIBERAL'S BOOGEYMAN-CHIN: Manchin is the source of growing liberal frustration over his opposition to Democrats' signature voting rights package ahead of an expected Senate vote next week. But for now at least, top Democrats are urging their members to hold their fire.

Manchin's position on the voting rights bill was squarely in focus again Tuesday, when he didn't attend a Senate Democratic lunch where a group of Texas state lawmakers urged passage of S. 1 and warned of the GOP's push back home to restrict voting access. (Manchin's staff did meet with the group, though a source familiar said the Texas group did not request a meeting with the West Virginia Democrat until the day of their visit.)

State Rep. Trey Martinez Fischer, one of the Texans who met with Manchin's staff, said he spent roughly 45 minutes with the West Virginian's chief of staff and legislative director. "It was a real meeting," he said at the press conference. "We really had an opportunity to understand the legislation, understand what the thinking is of Sen. Manchin, what the approach is going to be in the coming days." He declined to elaborate, but said he left with an offer to meet again.

At the press conference with Fischer and other Texas lawmakers, Speaker Nancy Pelosi (D-Calif.) did not mention any senators by name. "This is an all out assault," she said of the Texas' SB7 bill while making the case for HR 1. "In H.R. 1, we have a correction for most of that, but not all. And then in H.R. 4, we go even further."

As Manchin remains a holdout on the S. 1 bill, Pelosi has urged Democrats not to call out specific members in their party. She didn't directly name Manchin during a Monday night steering meeting, but her remarks come as progressives are starting to publicly attack the most conservative Dem senator. Meanwhile, Schumer is telling outside groups not to bully or name call Manchin, but to instead focus on the historical and factual arguments related to the legislation, according to sources familiar with his remarks.

FOOD FOR THOUGHT: Republicans heaped praise on newly elected House GOP Conference Chair Elise Stefanik (R-N.Y.) after she ran her first party meeting yesterday, calling her a "rockstar" and "fabulous." They also gave her props for a powerpoint presentation on the "Six Biden Crises." But this is perhaps the biggest compliment she got of all: "She brought back Chik-Fil-A!" exclaimed one excited member, who was spotted carrying out multiple chicken sandwiches.

SWERVE: Rep. Brad Schneider (D-Ill.) says he no longer is seeking to censure Rep. Marjorie Taylor Greene (R-Ga.) after she apologized for comparing Covid precautions to the Holocaust, following a visit to the Holocaust Museum. Before his statement announcing his change of plans, your Huddle host caught up with Schneider yesterday evening on the Capitol steps, where he already indicated to me he was rethinking this plan in light of her apology.

I asked him if any of it was related to the concern that introducing this censure resolution would spark a tit-for-tat with Republicans, which he denied was the case. "The resolution is very narrowly focused on her comments."

This comes as Republicans and Democrats in the House are locked in a game of chicken over punishing controversial members from the other party, Mel, yours truly, and Sarah report.

We write: "Yet it's still unclear who's going to court a collision, if at all — a sign that lawmakers are nervous about the prospect of a tit-for-tat should they choose to go down that punitive route."

More here: https://politi.co/2Sv41C5

Related: Democrat says he won't introduce resolution to censure Greene after her apology, by The Hill's Cristina Marcos: https://bit.ly/3zwq63t

 

TUNE IN TO DISPATCH+ ON APPLE PODCASTS : POLITICO Dispatch, our daily podcast that cuts through the news clutter and keeps you up to speed on the most important developments of the moment, is expanding. In collaboration with the new Apple Podcasts Subscription platform, Dispatch+ launches this week! This new podcast gives premium Dispatch+ subscribers exclusive bonus weekly reporting and analysis from POLITICO's newsroom. Don't miss out, subscribe and listen to Dispatch+ on Apple Podcasts.

 
 

DIN DIN: Last night VP Kamala Harris hosted a dinner in honor of the women serving in the Senate. Overall, it seemed like a good time when politics were put aside. But it appears some didn't make it, including Sinema, Burg reports. Sens. Cynthia Lummis (R-Wyo.) and Cindy Hyde-Smith (R-Miss.) were also missing, NYT's Annie Karni reports. Fun pics: https://bit.ly/3gsYIfl

SPEAKING OF DINNER: There seems to be a message here… https://bit.ly/3xjiaRk

HARRIS RELATED: In new letter, Democratic Rep. Cuellar urges Harris to travel to the border, by WaPo's Sean Sullivan and Cleve Wootson Jr: https://wapo.st/3iKwOgv

HONOR SYSTEM: Politics aside, members have generally been in a jollier mood lately than at any point your Huddle host can recall in recent memory, particularly this year. It isn't that the partisan divide has gotten better -- see above for evidence on that -- but something about emerging from the year-and-a-half of mask requirements, social distancing and social isolation along with the warm weather and the reopening of D.C., people just seem happier.

Still, your Huddle host and other journos have been curious about the new mask mandates in the House because it seems to rest largely on the honor system. The Office of the Attending Physician said those who have been vaccinated can remove their masks while on the House floor and elsewhere. Those who are not vaccinated or those who are vaccine indeterminate, it is a different story. Still, NBC's Haley Talbot did some digging, and it seems there are certainly some who don't plan to follow this guidance -- i.e. no mask and no vax (or at least, acknowledging whether they received it or not): https://bit.ly/2SAzp1K

QUICK CLICKS: Senate passes bill to make Juneteenth a federal holiday, our Nolan McCaskill reports: https://politi.co/35nxL6D | Biden nominates 5 new court candidates amid Democrats' urgency, by POLITICO's Maeve Sheehey: https://politi.co/2SFQ6ZH | House approves Gold Medal for Capitol Police, D.C. police to recognize Jan. 6 riot response, our Nick Niedzwiadek: https://politi.co/3wwjmAO

NOT SO FAST: Speaking of the House floor action, two bills failed to pass under suspension yesterday: The LGBTQ Business Equal Credit Enforcement and Investment Act and the Equal Access to Contraception for Veterans Act.

JAN. 6 HEARING FILES: 'Shocking failure': Pentagon and FBI come under fire for Jan. 6 response, report Nick Wu, Nick Niedzwiadek and Josh Gerstein: https://politi.co/3zuXR5y | Capitol Police teams were lacking in weapons certifications, by Roll Call's Chris Marquette and Michael Macagnone: https://bit.ly/3vvjPBU

NOT DEADLINE FOCUSED: We are 15 weeks away from the next government shutdown threat, and already top lawmakers are expressing doubts that they will reach an agreement in time to avoid another funding punt.

Jenn Scholtes and Caitlin Emma report: "Half a dozen senators on the influential Appropriations Committee interviewed by POLITICO seem to have resigned themselves to keeping the government functioning past September using a stopgap funding bill known as a continuing resolution, rather than passing a long-term spending bill. A continuing resolution maintains government funding at current levels — a frustrating but increasingly necessary measure — to ensure the lights stay on but prevents Congress from making desired adjustments to spending."

While Congress has failed to meet the Oct. 1 deadline for funding the government for more than a decade, instead resorting each year to temporary budgetary patches, lawmakers appear to be particularly behind on this front this year -- and President Joe Biden shoulders some of the blame.

"I think we'll be around here in December, trying to fund the government," said Sen. Richard Shelby of Alabama, the chamber's top Republican appropriator. "There's always something that could happen. But there's no movement at the moment — or maybe focus."

Jenn and Caitlin have more: https://politi.co/3gs6sOQ

 

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TRANSITIONS

IN MEMORIAM: "William vanden Heuvel, Diplomat and a Kennedy Confidant, Dies at 91," by NYT's Zach Montague: "A lawyer, he was an adviser to Robert F. Kennedy, led Jimmy Carter's New York campaign and targeted jail conditions as head of New York City's corrections board."

TODAY IN CONGRESS

The House meets at 10 a.m. with first votes between 2 p.m. and 3:45 p.m.

The Senate convenes at 10:30 a.m.

AROUND THE HILL

9 a.m.: HHS Secretary Xavier Becerra will testify before the House Education and Labor Committee.

10 a.m.: U.S. Ambassador to the United Nations Linda Thomas-Greenfield will testify before the House Foreign Affairs Committee.

10 a.m.: Interior Secretary Deb Haaland and Education Secretary Miguel Cardona are separately testifying before Senate Appropriations subcommittees. Treasury Secretary Janet Yellen will testify before the Finance Committee.

11 a.m.: A bipartisan group of House lawmakers -- from across the political spectrum -- will hold a news conference outlining a bipartisan agenda for "A Stronger Online Economy."

11:15 a.m.: Vice President Kamala Harris is slated to meet with Texas state legislators who helped tank the GOP voting restrictions bill in Austin. Rep. Al Green (D-Texas) said he is hosting a lunch with them today as well, inviting journalists standing outside the Capitol yesterday at votes to join them. "Everyone is welcome," he said,

1 p.m.: The Natural Resources Committee will hold a hearing on Puerto Rico self-determination and statehood bills.

2:15 p.m.: Capitol Police IG Michael Bolton will testify about Jan. 6 before the Senate Rules Committee.

2:30 p.m.: Transportation Secretary Pete Buttigieg will testify before a Senate Appropriations subcommittee.

3 p.m.: VA Secretary Denis McDonough will testify before the Senate Veterans' Affairs Committee.

TRIVIA

TUESDAY'S WINNER: John Pitney was the first person to correctly guess that the glaring mistake Barack Obama made at the beginning of his first inaugural address was that he referred to himself as the 44th American to take the presidential oath. In fact, in 2009 Obama was only the 43rd person to take the presidential oath. Grover Cleveland, the 22nd and 24th President, served his two nonconsecutive terms and was counted twice.

TODAY'S QUESTION: From John: Who was the last Republican presidential candidate to carry Delaware?

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

GET HUDDLE emailed to your phone each morning.

Follow Olivia on Twitter @Olivia_Beavers

 

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