Wednesday, March 8, 2023

Congress takes it back to 1991

Presented by Panasonic: A play-by-play preview of the day’s congressional news
Mar 08, 2023 View in browser
 
POLITICO Huddle

By Katherine Tully-McManus

Presented by Panasonic

With help from Jordain Carney, Marianne LeVine, Nancy Vu and Daniella Diaz

SENATE DEMS DIVIDED — The only suspense in today’s Senate vote to roll back the D.C. city council’s crime law is just how big the winning margin will be.

The Republican-led effort to overturn a local D.C. law for the first time in more than 30 years is backed by President Joe Biden, Senate Majority Leader Chuck Schumer (D-N.Y.) and a quickly ballooning roster of Senate Democrats.

“It was a close question, but on balance I’m voting yes,” Schumer told reporters after Senate Democrats’ caucus lunch on Tuesday.

Even Sen. Tom Carper (D-Del.), the Senate’s lead sponsor of D.C. statehood legislation, says he’ll be voting "with the president.”

Republicans are in lockstep and Democratic support could turn it into a blowout. But not all Senate Democrats are sold.

Sen. Cory Booker (D-N.J.) spoke against the measure during Tuesday’s Democratic lunch, and it gave Democratic Whip Dick Durbin (Ill.) pause.

“I thought I had until that lunch,” Durbin said about making up his mind on how to vote on the D.C. crime resolution. “I just think he revealed a lot of facts about the Criminal Code reform that weren't discussed publicly before,” he said of Booker’s presentation.

Booker outlined the portions of the D.C. crime bill that would increase sentences for certain crimes, which runs counter to the dominant messaging about the measure, that it weakens consequences for crimes.

“I had an analysis going in,” Durbin said. “But he spent more time on his. So I’ve gotta give credit to him.”

Sen. Chris Murphy (D-Conn.) vented his frustration with the messaging of the crime bill on Twitter, calling the debate “a bit off the rails.”

“It lowers the carjacking maximum to 24 years, but that's IN LINE with many states. And the bill INCREASES sentences for attempted murder, attempted sexual assault, misdemeanor sexual abuse and many other crimes,” he stressed.

RELATED READ: What to know about the (apparently doomed) D.C. criminal code, from Emily Davies and Meagan Flynn at The Washington Post

House Speaker Kevin McCarthy (R-Calif.) speaks with reporters.

House Speaker Kevin McCarthy (R-Calif.) speaks with reporters at the U.S. Capitol March 7, 2023. | Francis Chung/POLITICO

GOP’S TAKE ON TUCKER  — House Republicans are grappling with a headache which, as Sarah, Olivia and Kyle write, is largely of their own making. They were welcomed back to the Capitol Tuesday night with nonstop questions about Speaker Kevin McCarthy’s (R-Calif.) decision to release thousands of hours of Jan. 6 security footage to Fox News.

While GOP Senators criticized Tucker Carlson for portraying the violent attack on the Capitol as a peaceful event, McCarthy’s conference tiptoed around the issue.

“It’s definitely stupid to keep talking about this … So what is the purpose of continuing to bring it up unless you’re trying to feed Democrat narratives even further?” said Rep. Dan Crenshaw (R-Texas). But he did have a critique: “If your message is then to try and convince people that nothing bad happened, then it’s just gonna make us look silly.”

After setting off this firestorm, McCarthy maintains that he hasn’t watched Carlson’s program to see what footage he airs or what he’s saying about the attack. "I didn't see what was aired. What I want to do exactly is give transparency to everybody and everybody can make up their own conclusion," he told reporters last night.

“Each person can come up with their own conclusion” about January 6, McCarthy said while standing just outside the Speaker’s office, which was ransacked during the attack.

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, March 8, where I want to know what nicknames members’ kids friends have given them.

FULLER HOUSE — Following Rep. Jennifer McClellan’s swearing in yesterday, the House has all 435 seats filled for the first time since 2019(!). There has been a seemingly endless string of resignations and deaths in recent years that kept vacancies coming.

DELANEY DEBATE — New Hampshire Democratic Sens. Jeanne Shaheen and Maggie Hassan went to bat Tuesday for President Joe Biden's first circuit nominee Michael Delaney during their party lunch. Their push comes as the Senate Judiciary Committee plans to vote on his nomination this month. Several members of the panel say they're undecided and have questions about his handling of a school sexual assault case. (Republicans have wasted no time hammering Delaney over the issue.)

Sen. Richard Blumenthal (D-Conn.), who has previously raised concerns, said Tuesday he had “issues [he] wanted to discuss with [his] colleagues" about the case. Meanwhile, Sen. Cory Booker (D-N.J.) said he hasn't "examined all the issues, just things I’ve heard that are concerning to me.” Another Senate Democrat said “everybody’s concerned about the nomination. Sens. Mazie Hirono (D-Hawaii) and Sheldon Whitehouse (D-R.I.) also said they were still reviewing the nomination.

But Shaheen and Hassan are pushing hard. In addition to bringing Delaney up at lunch, the two senators met with Senate Judiciary Chair Dick Durbin (D-Ill.) Monday.

"They are very very supportive and that goes a long way with me," said Sen. Tim Kaine (D-Va.).

MEET SWAGGY P — House Republicans and Democrats will have the chance to attend an all-members briefing today with Congressional Budget Office Director Phillip L. Swagel on the agency’s budget and economic outlook for the next decade.

That CBO drip: Swagel is far from a snooze. When Caitlin sat down with him a few years back, she picked up some amazing details about Congress’ nonpartisan scorekeeper. His son’s friends referred to him as “Swaggy P” for a period. “It’s embarrassing, but I’m not sure if that’s a pop culture reference?” he asked Caitlin. His office features a stuffed skunk. Why? It was a gift from staff, Swagel said. It represents the long-running joke that CBO is often the unwelcome voice of fiscal reality — the skunk at the legislative garden party, so to speak.

Recommended read: Washington teeters on the brink of a Cold War over Social Security, from Burgess this morning

 

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BAD BORDER VIBES — Democrats in the Congressional Hispanic Caucus met virtually with Homeland Security Secretary Alejandro Mayorkas on Tuesday, working to convince him not to consider reinstating a rule that would detain migrants and their families for illegally crossing the U.S.-Mexico border.

People with knowledge of the call described it as a tense back-and-forth between the secretary and Hispanic lawmakers on the issue.

“I've made my feelings clear to the administration, that family detention is harmful to children,” Rep. Veronica Escobar (D-Texas) told Daniella. “I would like for us to focus on solutions that are more humane and dignified and I think the secretary does too. But I know that the challenge is thinking through dealing with the end of Title 42, but we have to think about solutions that represent who we are as a nation.”

People on the call told Huddle that reinstating the rule was being floated as an option for dealing with the expected influx of migrants at the border when Title 42, the Trump-era border measure that turned away most asylum-seekers at the border on public-health grounds, is lifted. But the people on the call said DHS insisted reinstating family detentions is not actually a proposal on the table for consideration.
White House Press Secretary Karine Jean-Pierre did not outright say the administration wasn’t considering reinstating this rule that immigration reform advocates consider inhuman for migrant families.

“I’m not saying it’s being considered,” she said at Tuesday’s White House press briefing. “I’m not saying it is not.”

OVERSIGHT CORNER — For those trying to follow along at home, we are doing a quick lightning round of the latest on the House GOP's investigations:

Jordain scooped last night that Oversight Committee staff and Rep. Marjorie Taylor Greene (R-Ga.) are working on setting up a trip for lawmakers, which would be led by Greene, to visit the D.C. jail where individuals arrested on Jan. 6 have been detailed. Date TBD but Greene said she expects a letter to go out about the delegation this week.

Mailbag: Oversight Committee Chair James Comer (R-Ky.) and the Treasury Department are escalating their standoff over bank records tied to Hunter Biden and his associates. Comer sent a letter to Jonathan Davidson, the assistant secretary for legislative affairs Department of the Treasury, asking him to appear before committee staff for a deposition on March 14.

Comer also sent a letter to White House chief of staff Jeff Zients as part of his probe into the National Archives and Biden’s handling of classified documents. Rep. Jamie Raskin (D-Md.) accused Republicans of making “unfounded accusations” and urging them to release the “full, complete and unedited transcribed interview” with Gary Stern, the general counsel for NARA (Comer’s latest letter included an excerpt). Democrats also released a “previously undisclosed” letter between DOJ and then-Oversight Committee Chair Carolyn Maloney (D-N.Y.), with the department declining to provide any details regarding Trump’s classified documents.

THE WORD ON WOTUS — The House is expected to take up the Congressional Review Act measure to repeal the Biden administration’s waters of the U.S., often referred to by the acronym WOTUS, this week with a vote expected on Friday. Senate Republicans are gearing up for action. “We will have it on the floor here the following week,” Sen. Shelley Moore Capito (R-W.Va.), who sponsored the Senate version, said Tuesday.

 

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BUSY ON CAMPUS — It’s a great week for institutionalists, with more than a half dozen hearings on Legislative Branch spending, House Administration and the shiny, brand new modernization subcommittee over the next two days.

  • 9 a.m. The House Legislative Branch Appropriations Subcommittee will question Patrick Findlay, Executive Director, Office of Congressional Workplace Rights who is requesting a 6.87 percent budget increase for the next fiscal year. Expect questions about the House staff unionization effort, even though House GOP leadership put a damper on it in the Rules package. 
  • 10:30 a.m. The Committee onHouse Administration holds their “member day” hearing, where more than a dozen lawmakers are slated to present their ideas to the panel.  
  • 11 a.m. House LegBranch will also dive into the Congressional Budget Office’s request, which is for an overall increase of $7.5 million, or 12 percent. Director Phillip Swagel will testify
  • Noon House Admin will meet again to mark up the proposed committee budgets for the new Congress.
  • 2:30 p.m. House Admin will also hold organizational meetings for the Joint Committee on the Library and the Joint Committee on Printing.
  • Thurs @ 9:30 a.m. House LegBranch holds a hearing on the Government Publishing Office budget request, which is requesting a of $2,634,000 increase. Hugh Halpern will testify
  • Thurs @  3 p.m. House Admin Modernization Subcommittee business meeting followed by a hearing on “A View of House Modernization: Perspectives from the CAO” with testimony from Chief Administrative Officer Catherine L. Szpindor.

Notable: Keturah Hetrick at LegiStorm found that after the unprecedented increase to House members’ office budgets last year gave the average House personal office an extra $314,000 in funds, nearly two out of five offices didn't use a single dollar of that increase, which was implemented to retain and attract staff.

HUDDLE HOTDISH

Bag lady… Speaker emeritus Nancy Pelosi (D-Calif.) was spotted in SFO sporting a bag with her likeness on it.

QUICK LINKS 

Ritchie Torres on How Struggling With Depression Makes Him a Better Congressman, from Mini Racker at Time Magazine

Hot Dogs Can Explain How Our View of Inflation and Employment Changes With the Seasons, by Kara Dapena and Austen Hufford at The Wall Street Journal

In Oklahoma, a Freshman Republican Makes the Case for Deep Spending Cuts, from Catie Edmondson at The New York Times

Same Message, Bigger Audience: Sen. Whitehouse Flags Climate Costs, by Coral Davenport at The New York Times (Feat. the quote: “I’m a WASP and I live in fear of shame.”)

TRANSITIONS 

Sam Knapke has joined the Progressive Policy Institute as its new Congressional Policy Fellow, and will be placed in the office of the New Democrat Coalition.

Ty McEachern is now press secretary for Sen. Jeanne Shaheen (D-N.H.). He previously was press secretary for Sen. Richard Blumenthal’s (D-Conn.) reelect.

Miriam Cash is now director of national media at the National Partnership for Women & Families. She most recently was comms director for former Rep. Mondaire Jones (D-N.Y.) and is an Elizabeth Warren and Kirsten Gillibrand alum.

Rep. Jennifer McClellan (R-Va.) has added Tara Rountree as chief of staff, Melody Tan as senior policy adviser, Rahmon Ross as legislative assistant, Jannie Kamara as legislative correspondent, Lena Jacobson as press and digital assistant and Sarah Houle as staff assistant.

 

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TODAY IN CONGRESS

The House convenes at 10 a.m. for morning hour and noon for legislative business. First votes expected at 1:30 p.m. and last votes expected at 5:30 p.m.

The Senate convenes at 10 a.m. and will resume consideration of the nomination of Patrice H. Kunesh to be Commissioner of the Administration for Native Americans at the Department of Health and Human Services.

  • 10:45 a.m. votes on confirmation of Kunesh and cloture on the nomination of Daniel I. Werfel to be Commissioner of Internal Revenue.
  • 5:15 p.m. votes on the resolution disapproving of the D.C. crime bill and confirmation of Werfel. 

AROUND THE HILL

10 a.m. Sens. Carper and Capito hold a press conference about the Norfolk Southern train derailment hearing. (Senate Studio)

10 a.m. House Majority Leader Steve Scalise (R-La.), House Majority Whip Tom Emmer (R-Minn.), House Republican Conference Chair Elise Stefanik (R-N.Y.) join Reps. Julia Letlow (R-La.) and John Duarte (R-Calif.) for a news conference. (HC-8)

10:45 a.m. House Democratic Caucus Chair Pete Aguilar (D-Calif.) will hold a news conference. (Studio A)

11:30 a.m. Maryland delegation holds a press conference advocating for the new FBI headquarters to be in Prince George’s County. (Rawlins Park)

TRIVIA

TUESDAY’S WINNER: Benjamin Wainer correctly answered that the six new GOP senators elected in 1966, two years after President Lyndon Johnson’s landslide victory, were Edward Brooke, Howard Baker, Mark Hatfield, Charles H. Percy, Clifford Hansen and Robert Griffin.

TODAY’S QUESTION from Benjamin: Which Senate seat has always been held by a person of color?

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

GET HUDDLE emailed to your phone each morning.

Follow Katherine on Twitter @ktullymcmanus

 

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