Friday, December 9, 2022

Sinema shakes up the Senate

Presented by National Retail Federation: A play-by-play preview of the day's congressional news
Dec 09, 2022 View in browser
 
POLITICO Huddle

By Eleanor Mueller

Presented by National Retail Federation

YOU CAN GO YOUR OWN WAY: Sen. Kyrsten Sinema has left the Democratic Party and registered as an independent, Burgess scoops this morning.

"Nothing will change about my values or my behavior," the Arizona lawmaker told him in a 45-minute interview. Whether or not she sticks to that will be pivotal to Democrats' control of the upper chamber next session, where Senate Majority Leader Chuck Schumer (D-N.Y.) was expecting to have a cut-and-dried 51-senator majority. Now it's 50-49 … and Sinema.

And for the time being, she's wiping her hands of it: That's "a question for Schumer," Sinema said.

"I don't anticipate that anything will change about the Senate structure," she added. "I intend to show up to work, do the same work that I always do. I just intend to show up to work as an independent."

Sinema says she still plans to support Democratic presidential appointees (after scrutinizing them, of course) and maintain her committee assignments. She won't attend Democratic caucus meetings, unlike independent Sens. Bernie Sanders (Vt.) and Angus King (Maine) — but, as Burgess points out, she rarely does so now.

Because Sinema is not caucusing with Republicans, Democrats will likely still have the votes to control Senate committees. And with Sinema an independent, moderate Sen. Joe Manchin (D-W.Va.) will retain some — though not all — of his power as an influential swing vote.

Sinema declined to address whether she plans to run for reelection in 2024, when she is rumored to face a primary challenge from Democratic Rep. Ruben Gallego (Ariz.). Her move is certain to embolden progressive critics — and draw GOP allies closer.

Indeed, Sinema said she maintains a relationship with House Minority Leader Kevin McCarthy (R-Calif.) that could come in handy given Republicans' control of the House: "We served together for a long time, we're friends," she said. And she recently began work on a bipartisan immigration deal with Sen. Thom Tillis (R-N.C.), which the duo is hoping to push through in the lameduck.

As for what she's doing while the news breaks? The Ironman triathlete is likely wrapping up a "hard run" right now, "because that's mostly what I do Friday mornings." Can't relate.

SINEMA'S TAPPER SITDOWN: " Sinema leaving the Democratic Party and registering as an independen t ," from CNN

IN HER WORDS: " Sen. Kyrsten Sinema: Why I'm registering as an independent ," from The Arizona Republic

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Friday, Dec. 9, where your fill-in host just wants to know if you've booked your train (or plane) ticket yet . Thank you for reading and be sure to check out the other home for our reporting, Congress Minutes !

SENATORS' SPENDING SCRAMBLE: Senators aren't giving up on a bipartisan bill that would require employers to provide pregnant workers with reasonable accommodations like seating and bathroom breaks — even after a surprise hotline attempt by Democrats proved unsuccessful.

On Thursday, Democratic Sens. Bob Casey (Pa.) and Patty Murray (Wash.) got the greenlight from Schumer to hit the Senate floor so they could request unanimous consent for the Pregnant Workers Fairness Act.

Their goal: Put GOP holdouts on record as to why they wouldn't support the bill, Senate aides told Huddle, which has been stalled in the upper chamber for months despite backing from groups as varied as the ACLU and U.S. Conference of Catholic Bishops. Already, it has the support of some dozen Republican senators (and passed the House with 99 "yes" votes from GOP members).

But that wasn't enough to turn the upper-chamber tide. Sen. Thom Tillis (R-N.C.) opposed the request on behalf of himself and Sens. Steve Daines (R-Mont.) and James Lankford (R-Okla.) over the bill's lack of religious exemptions.

The bill's supporters wasted no time scrambling for other means of clearing it to President Joe Biden's desk. Emboldened by Sen. Bill Cassidy (R-La.)'s rebuttal of Tillis on the Senate floor Thursday, their main goal is now generating enough bipartisan support to secure it a spot in the elusive year–end omnibus, a Senate aide told Huddle.

"We're going to do work wherever we can," Murray told Huddle.

If shunted to next session, the legislation could be DOA: Key Republicans like Rep. Virginia Foxx (N.C.), who just received a waiver to chair the House Education and Labor Committee despite party term limits, have opposed it in the past.

But already, the year-end spending package's "ash and trash" — or unrelated riders — is overflowing with bills carved from NDAA, reconciliation and other legislation thanks to a one-two punch of an unexpectedly jam-packed session and looming GOP control of the House.

On Democrats' (unusually long) wishlist: Voting rights, the Child Tax Credit, federal permitting and cannabis banking, as Anthony and Nancy reported earlier this week. Lawmakers and aides who Huddle surveyed Thursday also referenced measures that would stop Medicare cuts, extend Medicaid in U.S. territories, protect so-called Dreamers, target child abuse, tackle domestic violence, and reauthorize the Child Nutrition Act, among other things. (Plus, of course, PWFA.)

We'll be watching to see which, if any, Democratic appropriators include in the partisan proposal they plan to release Monday, as Caitlin reported earlier this week. (There's some skepticism that the CTC language, at least, will be ready in time.) But it goes without saying that Republicans will likely fight many of them. As it stands, both sides are still billions of dollars apart on domestic spending (though much closer together on defense). And with funding set to expire Dec. 16, Senate Minority Leader Mitch McConnell (R-Ky.) has already declared opposition to Monday's effort, saying Thursday he "won't allow [Democrats] to now hijack the government funding process."

 

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JEFFRIES ROLLS OUT THE HEADS: Incoming Democratic Leader Hakeem Jeffries (D-N.Y.) on Thursday named Reps. Barbara Lee (Calif.), Debbie Wasserman Schultz (Fla.) and Dan Kildee (Mich.) as the three co-chairs of the party's Steering and Policy Committee.

"I know that Barbara, Debbie and Dan share my goal of ensuring that each and every Democratic Member of the House is fully engaged and empowered," Jeffries said in a statement. "

The trio still need to be ratified by the committee, which Jeffries said would happen "in the coming days." He also appointed Reps. Joyce Beatty (Ohio), Salud Carbajal (Calif.), Angie Craig (Minn.), Debbie Dingell (Mich.), Teresa Leger Fernandez (N.M.), Sylvia Garcia (Texas), Josh Gottheimer (N.J.), Josh Harder (Calif.), Steven Horsford (Nev.), Pramila Jayapal (Wash.), Robin Kelly (Ill.), Ann Kuster (N.H.), Grace Meng (N.Y.), Bill Pascrell (N.J.) and Nikema Williams (Ga.) to the committee.

ICYMI: The announcement came the same day as the party elected its top Senate leaders for next session .

SIGNED, SEALED, (ALMOST) DELIVERED: The $847 billion National Defense Authorization Act is headed to the Senate next week after a blowout House vote of 350-80.

The bill would boost spending on defense about $75 billion above last year — $45 billion more than Biden requested, Connor O'Brien reports . It also includes several unrelated provisions dealing with issues like intelligence and water resources. The most controversial: language that would end the Biden administration's mandate that troops get vaccinated against coronavirus barring any religious exemptions.

PAGING 'SAM FRIED-BANKMAN BANKMAN-FRIED WHATEVER': Lawmakers have yet to hear from former FTX CEO Sam Bankman-Fried on whether he will testify at a pair of hearings next week on the company's implosion.

"Sam Bankman-Fried's counsel did not respond by the stated deadline," Senate Banking Chair Sherrod Brown (D-Ohio) and ranking member Pat Toomey (R-Pa.) said in a statement Thursday night. "We will continue to work on having him appear before Congress."

Brown isn't holding his breath: "We're asking Sam Fried-Bankman, Bankman-Fried, whatever, to come in" next week, he told Huddle earlier Thursday. But "we don't expect him to."

Brown and House Financial Services Chair Maxine Waters (D-Calif.) have said they will consider subpoenaing Bankman-Fried if he fails to appear before their respective panels. Bankman-Fried, for his part, has indicated he'll come to the Hill — but on his own time.

The hearings will not only examine what happened at FTX, but also take a much broader look at the industry, Brown said: "FTX is the poster child now, but this is really a hearing to understand the risk of crypto investment; to understand the national security implications … and all of the things that are going on." Sam Sutton's got the details.

 

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HOUSE REPUBLICANS BEMOAN COMMITTEE DELAYS: The GOP's uncontested committee chairs aren't exactly thrilled by House Minority Leader Kevin McCarthy's (R-Calif.) recent directive to hold off on appointing subcommittee leadership as he navigates a narrow bid for speaker in the next Congress.

"We're all impatient," incoming House Financial Services Chair Patrick McHenry (R-N.C.) told Huddle. "About everything."

House Republicans have previously said McHenry is mulling tweaks to subcommittee jurisdictions, including elimination of a diversity panel and creation of one dealing with digital assets. But he said Thursday even those are on pause now: "I'm holding off on all announcements on structure."

RELATED: " House Republicans brace for doomsday scenario if McCarthy falls short of 218 votes for speaker ," from CNN

BILL TRY FOR SCIENCE GUY: Rep. Bill Foster (D-Ill.) is making his bid for Democrats' top spot on the Science, Space and Technology Committee official. Foster circulated a letter Thursday to his colleagues—a copy of which was obtained by Jordain, who scooped his plans last week —touting that he would be the only scientist to have served as the panel's ranker or chair and that he would be Democrats ' "only committee leader from the Central United States."

Some Dem staffers are arguing he isn't eligible to run for the ranker spot under caucus rules because he was waived onto the committee by leadership and that he's boxed out by his membership on other panels. Jordain caught up with Foster in the Capitol, where he noted his staff is combing the rules. But Foster said it wasn't clear to him that he had run afoul of the rules but if there are "details of the caucus rules that make me ineligible, I think that's something that can be presented to the caucus as a reason to waive the rules."

WORKING ON THE WEEKEND: The Jan. 6 select committee plans to huddle Sunday on whether it should ask the Justice Department to file criminal charges against any of its investigative targets, Kyle reports . That includes former President Donald Trump, who the panel has previously accused of committing multiple crimes in his bid to subvert the 2020 election.

RELATED: " January 6 committee considers criminal referrals for at least 4 others besides Trump ," from CNN

REPUBLICANS SHY AWAY FROM SAME-SEX MARRIAGE: Thirty-nine House Republicans voted for same-sex marriage protections Thursday — down from the 47 who backed an earlier version of the measure just a few months ago, Anthony points out . GOP lawmakers like Rep. Tom Emmer (Minn.) and Sen. Cynthia Lummis (Wyo.) are among those who have faced criticism for their support of the legislation in a sign of the backlash the party continues to face.

RELATED: " How senators 'defied political gravity' on same-sex marriage ," from AP

WHAT ABOUT WHELAN? While Congress celebrated the release of WNBA star Brittney Griner from Russian custody Thursday, Republicans and Democrats alike also questioned why the White House has been unable to accomplish the same for American Paul Whelan. McCarthy, Sen. Rick Scott (R-Fla.) and other GOP lawmakers called the move "unconscionable" and "unforgivable." While less critical of the administration, Democrats still floated Whelan's name — and Senate Foreign Relations Chair Bob Menendez (D-N.J.) even called for a reevaluation of how the U.S. handles hostage situations. Anthony has more.

 

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HUDDLE HOTDISH

LESS A HOT-DISH, MORE A SAD-DISH: Rep.-elect Maxwell Alejandro Frost (D-Fla.), Congress' first Gen-Z member, tweeted Thursday that his application for a D.C. apartment had been denied.

"I told the guy that my credit was really bad," and "he said I'd be fine," Frost, 25, wrote. "This ain't meant for people who don't already have money." He added that he "ran up a lot of debt running for Congress for a year and a half," when he "didn't make enough money from Uber itself to pay for my living."

The apartment in question was in Navy Yard, Frost later told The Washington Post , though he declined to name the building. He also lost a $50 application fee.

'TOOTING OUR HORNS FOR THE FUNERAL': Former Rep. Barney Frank (D-Md.) got serious laughs Thursday during his surprise appearance at the bill enrollment of the Respect for Marriage Act.

"I was here for the birth of [the Defense of Marriage Act], so I'm very grateful to be here for the funeral," Frank, one of the first openly gay members of Congress, said to chuckles and applause. "We are tooting our horns for the funeral — a much happier occasion than the birth."

GOT WEEKEND PLANS? The Middle Eastern & North African Staff Association is holding a World Cup watch party for the Morocco versus Portugal game Saturday.

QUICK LINKS

Private RNC member emails reveal anger to Trump, frustration with McDaniel's response to him , from Meredith McGraw

Democrats now govern more Americans at the state level than Republicans , from The Washington Post's Aaron Blake

America's allies are furious over trade rules. Democrats don't care , from Gavin Bade and Steven Overly

Carey Parker, stalwart Senate aide to Ted Kennedy, dies at 88 , from The Washington Post's Emily Langer

— Brady's exit interview: " U.S. Rep. Kevin Brady leaves Washington after 26 years of placing policymaking over headline-making ," from The Texas Tribune's Stephen Neukam

TRANSITIONS

Tucker Knott and Chad Yelenski will serve as chief of staff and deputy chief of staff, respectively, to Sen.-elect Ted Budd (R-N.C.), McClatchy reports . Knott is a former senior director at Pfizer who currently serves as senior adviser to Rep. Connie Conway (R-Calif.). Yelenski, who worked at the White House Domestic Policy Council under Trump, is now chief of staff to Rep. Ted Budd (R-N.C.).

TODAY IN CONGRESS

The House is out. It next meets Monday at 2 p.m.

The Senate is out. It next meets Monday at 3 p.m.

AROUND THE HILL

12 p.m. The American Bar Association holds a virtual discussion with former Hill staff on what to expect on immigration next Congress.

TRIVIA

THURSDAY'S WINNER: Damon Porter was the first to identify the last year, prior to 2022, that each incumbent senator won reelection: 1914.

TODAY'S QUESTION: Who was the first president to host a state dinner for France?

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

GET HUDDLE emailed to your phone each morning .

Follow Eleanor at @eleanor_mueller .

 

A message from National Retail Federation:

According to NRF's National Retail Security Survey, retailers reported an average 26.5% increase in organized retail crime last year alone. Retailers, consumer advocates and law enforcement organizations agree: Congress should pass the INFORM Consumers Act this year. This bipartisan bill will make it tougher for criminals to sell stolen goods online, while ensuring honest small businesses can use ecommerce to reach customers. Learn more here.

 
 

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