Wednesday, June 30, 2021

Who will Pelosi pick for Jan. 6 commission?

Presented by Genentech: A play-by-play preview of the day's congressional news
Jun 30, 2021 View in browser
 
POLITICO Huddle

By Andrew Desiderio

Presented by

Genentech

With Olivia Beavers, Sarah Ferris and Nicholas Wu.

CHOOSE WISELY: Democrats' months-long push to investigate the Jan. 6 insurrection at the Capitol is set to hit a critical phase today, when the House is expected to pass a bill establishing a select committee made up of Democratic and GOP lawmakers. Of course, this wasn't what Democratic leaders preferred; Senate Republicans filibustered their proposal to establish a 9/11-style independent commission, so this was their next-best option. And even though Speaker Nancy Pelosi (D-Calif.) will have veto power over House Minority Leader Kevin McCarthy's (R-Calif.) picks to serve on the panel — assuming he appoints any at all — Republicans could still try to sabotage the effort.

So who'll it be? Neither Pelosi nor McCarthy are showing their cards just yet. But some Democrats are already getting anxious over the political brawl that would likely ensue if McCarthy tries to appoint lawmakers who voted against certifying President Joe Biden's Electoral College victory. Pelosi has already suggested that one of her eight appointees to the select panel would be a Republican — likely one of the anti-Trump GOP lawmakers like Liz Cheney or Adam Kinzinger. Complicating matters further, even some of those who voted to impeach former President Donald Trump have said they oppose the creation of a select committee and wouldn't serve on it, contending it would be a partisan exercise; meanwhile, far-right firebrands like Marjorie Taylor Greene and Matt Gaetz are raising their hands to join the panel.

House GOP leaders aren't whipping the vote , but they're recommending that Republicans vote "no." Interestingly, the Republican Study Committee, the largest House caucus of conservatives, notes that despite concerns about the select committee's structure, "some conservatives may believe it is critical to create a body, within the House, constituted specifically to review the events and failures associated with January 6 to ensure that the Capitol and its security meets the needs of our nation moving forward."

Sarah and Nick have everything you need to know ahead of today's vote: https://politi.co/3y9kPNQ

 

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HEY YOU, M-F : Two weeks after repealing the 2002 authorization for the use of military force (AUMF) in Iraq, the House on Tuesday moved to claw back even more of its constitutional authority over matters of war and peace. In an overwhelming bipartisan vote, the House repealed two additional obsolete AUMFs — one passed in 1991 for the Gulf War, and another adopted way back in 1957 to prevent the spread of Soviet communism into the Middle East. The latter was never even invoked by a U.S. president. Connor O'Brien has that story: https://politi.co/3w5PTwP

AUMF politics on the Hill is getting increasingly complicated , especially after President Joe Biden launched retaliatory airstrikes over the weekend against Iran-backed militia groups in Syria and Iraq. While Biden didn't claim an AUMF for the strikes, the moves are already fueling Democrats' push to not only address outdated AUMFs that are ripe for abuse, but also to rein in presidential war powers under Article II, which is much more difficult given the Constitution's broad language. Biden on Tuesday sent Congress a formal notification under the War Powers Act, explaining that he authorized the strikes in order to deter future attacks on U.S. troops by Iran and its proxies.

That's not sitting well with progressives , who question whether the airstrikes will actually have a deterrent effect. Your fill-in Huddle host caught up with Rep. Ilhan Omar (D-Minn.) just off the House floor on Tuesday, who had this to say: "The tragedy of this conversation is the realization [that] regardless of how many [AUMFs] we repeal, administrations will use Article II justifications in doing this." She noted that the Iraqi government condemned the strikes, adding: "When do we get to be the country that lives up to its values and principles, and not one that disregards international law and international order, but just speaks on it when other countries are doing it?"

The reality is, there's not much Congress can do here. They can revoke and scale back outdated war authorizations, but they can't prevent a president from claiming Article II authority to justify military action. And Democratic leaders have indicated they're largely on Biden's side here, viewing the airstrikes as appropriate even as they push to scrap existing AUMFs.

One of those Democrats was House Intelligence Committee Chair Adam Schiff, who told me that Biden's airstrikes "will influence how we draft [future AUMFs] to make sure that there's proper congressional consultation and approval." The White House has been negotiating with top lawmakers on crafting a replacement for the broad 2001 AUMF, which was adopted in the days after the Sept. 11 attacks and was intended to give President George W. Bush broad authority to go after terrorist groups.

On tap for July — When the Senate returns from the July 4th recess, the Foreign Relations Committee will pass a bill repealing the 2002 and 1991 AUMFs; floor passage is tricky but feasible. How and whether these all get to Biden's desk is an open question, but senators have told us they would prefer to address these issues in the NDAA, the annual defense policy bill, later this year. Stay tuned.

WILL SHE OR WON'T SHE — Lisa Murkowski sounds quite confident she can best her Donald Trump-endorsed primary opponent Kelly Tshibaka. But the Alaska Republican is mum on whether she's actually going to seek a fourth term in the Senate. The former president seems intent on doing whatever it takes to defeat Murkowski in a GOP primary over her vote to convict him in his second impeachment trial. But Murkowski's Senate GOP colleagues are clear: she's the one who can win. And as a result, national Republicans are publicly supporting her even as Trump, his former aides, and former Alaska state GOP chairs are backing Tshibaka.

Sen. John Cornyn (R-Texas) had this to say: "The most important thing to me is, we win. I don't know whether that's the most important thing to the former president." (Ouch.) Everybody remembers what happened in Georgia, where Republicans lost control of the Senate after Trump used the runoff campaign to push his falsehoods about the 2020 election. As Burgess writes, Trump's revenge play against Murkowski "serves as a test case for whether any veteran Republican can survive his wrath." If anyone can do it, it's Murkowski, who famously won a write-in campaign after losing the Republican primary to Joe Miller in 2010. Read the rest of Burgess' excellent story on "the most unpredictable Republican in the chamber": https://politi.co/3hn5HWj

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this scorching Wednesday, June 30, where we're watching Chuck Grassley do push-ups with Tom Cotton on repeat. Andrew Desiderio here, filling in for Olivia while she's on assignment. More on that below.

TUESDAY'S MOST CLICKED: The Hill's story on the chairmen legislating Biden's economic agenda was the big winner.

DISPATCH FROM THE BORDER: Nearly two dozen House Republicans are slated to join Donald Trump in south Texas today, where the former president will spotlight an issue that Republicans believe is key to GOP efforts to win back both chambers: Immigration. Olivia is traveling with the group and sent along this dispatch:

The trip — co-led by Republican Study Committee chairman Jim Banks (R-Ind.) and Texas Gov. Greg Abbott (R) — not only gives members the coveted opportunity to have a photo-op and face-time with Trump, but they can hit on their favorite talking point: The Biden administration struggling to get a handle on the surge of migrants crossing the U.S.-Mexico border. Abbott will host the ex-president at the Texas Department of Public Safety headquarters for a roundtable discussion on border security, featuring Banks, and Texas Reps. Jodey Arrington, Brian Babin and August Pfluger. Then the group will tour the border wall.

Side bar: Monica De La Cruz-Hernandez, who ran to unseat Rep. Vincente Gonzalez (D-Texas) last cycle, was also present at the dinner, talking to members about her plans to run again.

After the dinner, the members and reporters shuttled over to the neighboring La Joya, Texas, to see the border crossings in action. The tour guides aren't exactly who you would expect. The Daily Caller's Jorge Ventura and Townhall's Julio Rosas led the tour late at night. Both are based in D.C., they say, but they have visited the border repeatedly. They visited a place where a group of migrants were being processed by border patrol as well as a place where Trump's border wall ended; both areas became photo-ops.

INFRASTRUCTURE UPDATE: Biden's infrastructure deal with Republicans seems intact, for now. But Biden's party is facing a separate but related dilemma. Moderates and progressives are already facing off over the price tag of the reconciliation bill, which the House and Senate will attempt to pass with only Democratic votes and the slimmest of majorities. House Budget Committee Chair John Yarmuth (D-Ky.) and senior White House officials are meeting throughout the week with Democratic lawmakers across the spectrum. In the meantime, Yarmuth is warning his party that "it's just safer not to talk about top line numbers." Progressives are threatening to oppose the bipartisan infrastructure package without a massive spending bill linked. The story from Sarah and Nick: https://politi.co/3jt1LpG

RELATED READ: "Pelosi rebuffs McConnell on infrastructure," by The Hill's Mike Lillis: https://bit.ly/35Z8csX

CAPITOL FACE-LIFT: The House voted overwhelmingly on Tuesday to remove a slew of Confederate statues and busts from the Capitol. The bill requires that former Chief Justice Roger Taney's bust be replaced with one of Thurgood Marshall, and it mandates the removal of statues and busts of Confederate figures like John C. Calhoun. The 285-120 vote drew support from 67 Republicans; but it's unclear if the measure could clear the 60-vote threshold in the Democratic-controlled Senate. Myah Ward has the story: https://politi.co/3h7froI

 

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UNIONS NOT UNITED: The latest obstacle to police reform might be law enforcement groups, according to California Rep. Karen Bass, the lead House Democratic negotiator. She said Tuesday morning that infighting between the police unions involved in the talks "could prevent us from coming to a deal," adding: "I think that it would be a really sad statement about the profession, that they would actually prevent reforms, and refuse to modernize."

What Bass was referring to were groups like the Fraternal Order of Police and the National Sheriffs' Association that have brought different viewpoints to the table. The Sheriffs, for example, have a more rural, conservative membership and have taken a harder line in negotiations on issues like restrictions on the use of force. Bass's comments came a day after the head of the NAACP criticized the involvement of "police unions and partisan politicians" in negotiations.

The law enforcement groups disagreed with the California congresswoman's characterization. Sheriff Greg Champagne, the lead Sheriff negotiator, said in a statement to Nick that lawmakers had reached out to law enforcement groups for input, and while their opinions may differ, to call the differences "infighting" would be a "gross overstatement of this process." And Jim Pasco, the executive director of the Fraternal Order of Police, the largest police union, told Nick, "we're being falsely accused of fighting with other police unions," noting that his group's meetings had been with senators or Senate staff, not Bass.

RELATED READ: "Tensions rise in policing talks as negotiations hit a delicate phase," by CNN's Jessica Dean and Manu Raju: https://cnn.it/3Acrw3H

KEY MEETING TO WATCH TODAY: The Congressional Hispanic Caucus will meet with Paige Herwig, Biden's point-person on judiciary nominations, to discuss diversity in court picks.

QUICK CLICKS: "Josh Mandel's staff quit campaign because of toxic work environment created by staffer in relationship with Mandel, sources say," by The Columbus Dispatch's Laura A. Bischoff and Haley BeMiller: https://bit.ly/3AcbOp4 | "GOP Rep. Paul Gosar appears to defend fundraiser with white nationalist," by Axios' Erin Doherty: https://bit.ly/3w6nTcr | "House passes bill to strengthen authority of federal watchdogs," by The Hill's Cristina Marcos https://bit.ly/3dsGN6G

 

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TRANSITIONS:

Natalie Edelstein is joining the office of Sen. Tammy Baldwin (D-Wis.), where she will serve as deputy communications director. She was previously the communications director for Rep. Eric Swalwell (D-Calif.).

TODAY IN CONGRESS:

The House meets at 12:00 p.m.

The Senate is on recess.

AROUND THE HILL

10:00 a.m.: The House Judiciary Committee holds a hearing with legal experts about the panel's investigation into potential abuses of power by the Justice Department as part of federal probes into unauthorized leaks of classified information.

10:30 a.m.: Speaker Nancy Pelosi, Transportation & Infrastructure Committee Chair Peter DeFazio, Energy & Commerce Committee Chair Frank Pallone, and other House Democrats will hold a press conference on the INVEST in America Act, in HVC Studio A.

TRIVIA

TUESDAY'S WINNER: Michael Garman was first to tell us that Washington University in St. Louis has hosted the most number of presidential debates.

TODAY'S QUESTION: From Michael — How many presidents who originally assumed office by election (i.e. were not vice presidents who replaced a president who died or resigned) and served their full first term declined to run for reelection, and who were they?

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

GET HUDDLE emailed to your phone each morning.

Follow Andrew on Twitter @AndrewDesiderio

 

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