News : Veto or no veto, Dems have some questions

Thursday, March 30, 2023

Veto or no veto, Dems have some questions

Mar 30, 2023

View in browser

By Katherine Tully-McManus

Presented by

With an assist from Daniella Diaz , Nicholas Wu and Nancy Vu

There’s frustration simmering among House Democrats about a perceived pattern of bait-and-switch between them and President Joe Biden.

For the second time this month, President Joe Biden has opted against vetoing a Republican-led measure that the White House had told lawmakers he opposed — but made his plans clear only after the House had already voted.

That has some House Democrats, including the Congressional Black Caucus, pushing for a more definitive position from the president on an upcoming resolution to overturn a D.C. Council bill on police accountability, wary of repeating the angst felt earlier this month on a different D.C. crime measure.

“I think we have good reason to be concerned. We are gonna need much greater clarity out of the White House on this and a number of other topics going forward,” Rep. Dan Kildee (R-Mich.) told Huddle on Wednesday.

The resolution, that the House Oversight Committee held a hearing on Wednesday, would expand public access to police disciplinary records and access to police body-camera footage in excessive force incidents and prevent hiring officers who have committed misconduct. It would also make permanent a ban on using neck restraints, first put in place on a temporary basis after the Minneapolis police killing of George Floyd in 2020.

The Congressional Black Caucus has told the White House that any Statement of Administration Policy it plans to issue on the D.C. policing bill will need to be more explicit on whether Biden plans to veto, a person familiar with the communication told POLITICO. They want frontline Democrats in tough districts to be able to have the president’s final position on the measure before they have to cast their own votes.

“I am a proverbial optimist who'd like to believe that people don't repeat the same mistakes over and over again,” Rep. Troy Carter (D-La.) said. “So I'm optimistic and believe that the White House will do the right thing.”

Earlier this month 173 House Democrats voted against a resolution to roll back an overhaul of D.C.'s criminal code, a GOP-led resolution. Ahead of Senate action on the measure, Biden said he would sign it. But he was against the bill before he was for it and House Democrats fumed about the president's pivot.

“I'm told that the National Republican Congressional Campaign Committee is already putting up billboards in some districts about that vote,” Rep. Gerry Connolly (D-Va.) said of the D.C. criminal code overhaul that the president signed.

He said that the heads-up coming in time for the Senate to vote, but not the House, was “salt on the wound” for the House, saying the president “needs to be sensitive about this body.”

It happened again yesterday. Senate Majority Leader Chuck Schumer (D-N.Y.) told his caucus that Biden won’t veto a resolution to end the 2020 Covid national emergency declaration led by Republicans. That was before the Senate’s vote on the measure, but the House cleared it with bipartisan support back in February.

Connolly doesn't see the Covid measure the same as the D.C. resolutions, though: “It's a little bit different in that the president himself announced the ending national emergency in May, so that puts a whole different coloration on the issue,” he told your Huddle host.

The White House has been in touch with leaders in the House and Senate since the Statement of Administration Policy was issued back in January, a White House aide said. The SAP specifically did not include a veto threat, which the White House pointed to as consistency.

The national emergency order, first implemented by former President Donald Trump in 2020, was due to be terminated in May anyway without action from Congress.

A message from the Association of American Railroads:

America’s freight railroads are driving toward a future with zero incidents and injuries. We’re working as hard as possible to prevent future derailments by instituting new comprehensive practices and technologies. Our safety standards have long exceeded what is federally required and now we’re taking that even further. Learn how we’re going to keep getting safer.

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, March 30, where by mid-afternoon both chambers will be on a two-week recess.

BOWMAN BELLOWS — At the final House votes on Wednesday, Rep. Jamaal Bowman (D-N.Y.) — and for a few minutes, Rep. Cori Bush (D-Mo.) — exited the House floor and started shouting at reporters (who are usually positioned at the exits to interview lawmakers) that they should be asking Republicans about gun control in the wake of the tragic shooting at a Nashville school that left six dead. While almost all Republican — and Democratic — lawmakers ignored Bowman, conservative Rep. Thomas Massie of Kentucky asked Bowman to support his legislation that would repeal the federal ban on guns in school zones. Massie and Bowman engaged in a back-and-forth for several minutes where they argued about what needs to be done to protect students. “(Republicans) have control of the House,” Bowman, a former middle school principal, yelled at reporters. “The American people need to know that they don’t have the courage to do anything to save the lives of children.”

The Capitol Hill press corps, of course, have been asking lawmakers all week about the prospects for further gun legislation in the wake of the school shooting that killed three children and three staff members. In a GOP-controlled House and narrowly divided Senate, the prospects are dim.

BIG YIKES — A contracted food service worker in the Senate was arrested and accused or recording hours of audio from inside the Senate Republicans’ private caucus lunch earlier this month, NBC News reports. The charges of “interception/use of wire tap” were eventually dropped, but security has ramped up around the lunches.

BORDER BATTLE CONTINUES — With a Republican border package coming down the pike, Rep. Tony Gonzales (R-Texas) drew his red line Tuesday, tweeting: “Bring unchristian anti-immigrant bills to the floor and I am a NO on the debt ceiling.” This is an indiscreet hit at Rep. Chip Roy (R-Texas), a fellow Texas Republican Gonzales has been battling against over border policy for months. The House Judiciary committee is planning to take up a package of border bills, which includes Roy's proposals, right after the Easter and Passover recess.

After being shown the tweet, Roy said that he was “not going to deal with personalities,” but told POLITICO that he had reached out to Gonzales “many times,” and left the responsibility ultimately up to leadership.

“But here’s one thing that’s 100 percent sure: there will be policy changes, period, end of story,” Roy said. “There will be policy changes and those policy changes will involve dealing with the flow at the border and stopping releases. If that is not addressed, ain't nothing moving.”

JOIN POLITICO ON 4/5 FOR THE 2023 RECAST POWER LIST: America’s demographics and power dynamics are changing — and POLITICO is recasting how it covers the intersection of race, identity, politics and policy. Join us for a conversation on the themes of the 2023 Recast Power List that will examine America’s decision-making tables, who gets to sit at them, and the challenges that still need to be addressed. REGISTER HERE.

FETTERMAN’S RETURN — Sen. John Fetterman (D-Pa.) plans to return to the Senate the week of April 17 after more than a month of inpatient treatment for depression, according to two people with direct knowledge of his plan. The Pennsylvania Democrat began receiving treatment at Walter Reed National Military Medical Center in mid-February. His return will be welcome news for Senate Democrats, who have a slim majority and have struggled to deal with absences over the last month. Holly and Burgess had the scoop.

CHOOSE YOUR AUMF FIGHTERS — In a joint interview with Anthony, Sens. Tim Kaine (D-Va.) and Todd Young (R-Ind.) did a victory lap on their efforts to claw back war powers in Iraq, legislation that finally passed the Senate on Wednesday. “My preference when dealing with an issue like this — which doesn’t strike me as particularly ideological — is to address members on a one-on-one basis and figure out what anxieties or concerns they might have,” Young said.

TIKTOK’S POWER PLAY — TikTok hasn’t been caught flat footed as pressure grows on Capitol Hill and in Europe against the company. The social media giant had amassed an army of operatives to be ready for this moment, a process that has been underway since at least 2018. A new POLITICO investigation reveals how TikTok amassed a network of operatives that connect the company to power centers across the world. Get the full story from Hailey Fuchs, Clothilde Goujard and Daniel Lippman.

A message from the Association of American Railroads:

HUDDLE HOTDISH

KEEP YOUR WITS ABOUT YA — The foxes are back at the Capitol. Nicholas spotted one while leaving the Capitol last night. Let’s hope they’re healthy and leave everyone alone. We don’t want a repeat of last year’s rabid fox attacks at the Capitol. Keep your head on a swivel while on Capitol grounds.

BICE’S BIG WIN — Rep. Stephanie Bice (R-Okla.) beat out Rep. Randy Feenstra (R-Iowa) in a two-person NCAA bet and was rewarded with some serious bling. She showed it off to your Huddle host. “I asked for a trophy,” she said.

Schumer greets Buffalo Bills safety Damar Hamlin at an event on a bill that would improve students' access to defibrillators in public and private elementary and secondary schools. (Photo by Kevin Dietsch) | Getty Images

SCHUMER WANTS A TOUCHDOWN — Schumer walked through the Senate hallways wearing his own custom Buffalo Bills jersey in honor of Damar Hamlin, who suffered from cardiac arrest during a game in January. Hamlin joined Schumer and Rep. Sheila Cherfilus-McCormick (D-Fla.) to unveil the Access to AEDs Act, which would increase access to defibrillators.

QUICK LINKS

Sinema can’t quit the powerful online Democratic fundraising machine, from Jessica Piper

Op-ed: Biden’s Inflation Reduction Act Betrayal, from Sen. Joe Manchin (D-W.Va.) in The Wall Street Journal

Experts see economic problems for U.S. as struggle over debt limit, spending cuts extends, from Jennifer Shutt at States Newsroom

Matt Gaetz’ legislative aide is a convicted war criminal, from Ken Klippenstein at The Intercept

DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOS– DOWNLOAD FOR ANDROID.

TODAY IN CONGRESS

The House convenes at 9 a.m. for legislative business.

The Senate convenes at 10 a.m. to resume consideration of the Fire Grants and Safety Act.

AROUND THE HILL

9 a.m. Rep. Jan Schakowsky (D-Ill.) holds a press conference to call for minimum nurse-to-patient staffing requirements in hospitals. (House Triangle)

10 a.m. House Minority Leader Hakeem Jeffries (D-N.Y.) will hold his weekly news conference. (Studio A)

11:30 a.m. Schumer holds a press conference to discuss moving to classify xylazine, the animal tranquilizer that's increasingly infiltrating illicit drugs, as a controlled substance. (Senate Studio)

11:45 a.m. Speaker Kevin McCarthy (R-Calif.) and members of his GOP leadership team hold a press conference following the vote on H.R. 1, the party’s signature energy legislation. (Rayburn Room)

Noon Reps. Emilia Sykes (D-Ohio), Bill Johnson (R-Ohio) and others from the Ohio delegation hold a press conference to announce the RAIL Act. (Studio A)

12:30 p.m. Sen. Ed Markey (D-Mass.) joins Reps. Ayanna Pressley (D-Mass.) and Rashida Tlaib (D-Mich.) for a press conference calling for the Federal Reserve to protect the economy from risks caused by climate change. (Senate Swamp)

TRIVIA

WEDNESDAY’S WINNER: Michael Adelson correctly answered that 28 Georgetown alumni and faculty serve in the 118th Congress.

TODAY’S QUESTION from Michael: Who was the first president to be born as a U.S. citizen, and what was his native language?

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

A message from the Association of American Railroads:

America’s freight railroads have a history of being safe—mainline accidents reached an all-time low in 2022. But we know there is still work to be done to reach a future with zero incidents. Immediate steps we are taking toward that goal include:

1. Installing thousands of additional accident-preventing detectors,
2. Establishing safety-first standards for stopping trains and inspecting bearings,
3. Training 20,000 first responders nationwide on accident mitigation,
4. Leading an industry-wide re-evaluation to improve tank car fire protection,
5. Proactively removing wheel sets that posed an increased risk of derailment from service,

And more. Rail is essential to keeping the U.S. economy strong, but we also recognize we must regain the trust of the communities we serve. That’s why we’re never going to stop improving, so that every part of America can continue to rely on rail to safely and efficiently deliver. Learn more.