| | | | |  | | By Katherine Tully-McManus | Presented by The Alzheimer's Association | With assists from Daniella Diaz, Olivia Beavers and Anthony Adragna INDICTMENT WATCH — Senate Democrats don’t have their pom poms out to cheer on a potential indictment of former President Donald Trump that could come this week. Sen. Brian Schatz (D-Hawaii) thinks Dems should basically shut up and let it play out. Even a loud and proud Trump critic, Senate Majority Leader Chuck Schumer (D-N.Y.), is staying mum. “It’s always bad to be indicted. I’m an old-fashioned girl,” said Sen. Tina Smith (D-Minn.). Still, she added: “I don’t feel a need to run around waving a flag of triumph because I think it’s a terrible thing.” While there might be some smug satisfaction, Senate Dems are keeping it quiet in order to tamp down accusations that the Manhattan district attorney’s probe into Trump has been politicized or that the legislative branch could be seen as meddling in law enforcement or court decisions. There hasn’t been caucus-wide guidance on how to handle a possible indictment (it didn’t even come up in Tuesday’s leadership meeting). But if Trump is charged, Sen. Chris Murphy (D-Conn.) expects a shift: “I’m sure we’re not going to be able to avoid talking about it if something happens.” Burgess, Marianne and Daniella took the temperature of Senate Democrats. It’s tepid.
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Sen. Tim Kaine (D-Va.) is as optimistic as ever. | Francis Chung/POLITICO | AUMF HAS SOME OOMPH — Sen. Tim Kaine (D-Va.) told POLITICO he’s still optimistic the chamber can clear his legislation repealing the 1991 and 2002 Iraq war authorizations this week but said the final slate of amendments remains unsettled. “Exactly how many and what — while I have some general idea — it’s not completely clear yet,” Kaine said. “I think we’re working on what I would consider some friendly amendments,” describing those as making explicit what the bill would and would not do. “If people want to make clear that it doesn't do something else… then I’m okay,” he said. Schumer is looking to move forward as soon as possible, saying, “there’s no reason to drag this out.” But there’s no guarantee of a time agreement or on amendments. “AUMF repeal in the Senate is now a matter of when, not a matter of if,” he said Tuesday. Repeal and replace? Speaker Kevin McCarthy (R-Calif.) and House Foreign Affairs Committee chairman Michael McCaul (R-Texas) aren’t exactly racing to follow the Senate’s lead. “I would prefer if we’re going to repeal it, to replace it,” McCaul said. “We’re having discussions with the speaker’s office on that, just to update it.” McCarthy warned that he won’t just usher the Senate measure into the House. “Just because a bill passes in the Senate doesn’t mean it comes directly to the floor,” he told reporters Tuesday. But the reality is, enough Democrats and conservatives in the House would back repealing both the 2002 and 1991 military force authorizations and would have the votes to overpower GOP leadership’s floor strategy, report Jordain and Sarah this morning. Other options are for the AUMF repeals to hitch a ride on the annual defense authorization bill or as a rider on a spending package.
| | | | A message from The Alzheimer's Association: The Biden Administration has made the unprecedented decision to block access to FDA-approved treatments for people living with Alzheimer’s. Each day CMS denies access, more than 2,000 people transition to a more advanced stage of Alzheimer’s where they are no longer eligible for treatment. The role and responsibility of CMS is to provide health care coverage, not to stand between a patient and a doctor when deciding what FDA-approved treatments are appropriate. Learn more at http://alz.org/coverage. | | | GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, March 22, where cherry blossoms are peaking in Lower Senate Park and the Rayburn Horseshoe… save yourself the crowds elsewhere. MCCONNELL ‘CHOMPING AT THE BIT’ — Some Senate Republicans said they've spoken directly with Minority Leader Mitch McConnell (R-Ky.) by phone, disclosing direct spoken communication for the first time since McConnell was hospitalized with a concussion following a fall. Senate Minority Whip John Thune (R-S.D.) told reporters McConnell "sounded good" and "sounded like Mitch" during their five-minute phone call on Tuesday and Sen. John Cornyn (R-Texas) also said he spoke by phone with McConnell. "He’s champing at the bit. Can’t wait to get back. I said, ‘Well, don’t be in a big hurry, 'cause we’re not doing anything here,'" Cornyn told reporters. None of the senators speculated on when McConnell might return. MORE AIR FORCE RECORDS RELEASED — Two more GOP congressional candidates’ military records were improperly released to a Democratic-aligned firm in the 2022 cycle, the Air Force has told lawmakers. This is just the latest in a drip, drip, drip of details on a rash of unauthorized releases. The Air Force conducted an internal audit and found that nine people’s records were “released without authority” to the firm Due Diligence Group between 2021 and 2023, Olivia reports. Seven of those were GOP candidates for office. Five of those Republicans are already known (thanks to Olivia’s dogged reporting). But two more are now confirmed: J.R. Majewski, a MAGA-friendly Ohio candidate who faced campaign-trail scrutiny for misrepresenting his military record, and Robert “Eli” Bremer, who lost in last year’s GOP primary race to take on Sen. Michael Bennet (D-Colo.). Don’t miss Olivia’s latest on how GOP lawmakers hope to respond and interviews with Bremer and Majewski.
| | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | | IT’S (ABOUT) A TRAIN WRECK — Nearly three months after a Norfolk Southern train derailed in East Palestine, Ohio, senators have their chance today to question the company’s CEO, the National Transportation Safety Board, emergency response leaders and the CEO of the Association of American Railroads. Ohio Republican J.D. Vance will grill Norfolk Southern CEO Alan Shaw on what he says are vague promises for change and urge his Senate colleagues to “not be satisfied with a voluntary standard outlined with blurry legalisms.” The freshman lawmaker has broken with the GOP’s standard party line against “burdensome” regulations, instead calling for additional rail regulations right out of the gate. Schumer has questions of his own, including why record profits at the company went to stock buybacks “instead of putting that money towards safety and towards their workers?” In a Senate floor speech, Schumer also called on the NTSB to expand its investigation into Norfolk Southern to include all Class 1 freight rail companies. Related read: Op-Ed from Vance, Marco Rubio (R-Fla.) and Josh Hawley (R-Mo.): Here's how we avoid another East Palestine train wreck before it's too late BANKING UPDATE — The Senate Banking Committee, chaired by Sherrod Brown (D-Ohio), announced its plan to hold its first hearing on the collapse of Silicon Valley Bank on March 28 – but notably, no SVB officials will testify. Instead, the committee will hear from Federal Deposit Insurance Corporation Chair Martin Gruenberg, Federal Reserve Vice Chair of Supervision Michael Barr and Treasury Under Secretary Nellie Liang. RELATED READ: ‘Reckless’: Lawmakers press Powell to halt rate hikes amid wreckage of SVB failure, from Victoria Guida and Eleanor Mueller
| | | | A message from The Alzheimer's Association:   | | | CLYDE’S VICTORY LAP — Rep. Andrew Clyde (R-Ga.) was basking in his legislative victory Tuesday, after President Joe Biden signed his resolution to roll back the D.C. council’s criminal code overhaul. “I'm thankful that the President caved, and I'm thankful that he signed the bill. I'm thankful that the Senate saw the light and that they voted 81 to 14. Incredible,” he told Olivia in Orlando. Clyde’s resolution was the first GOP measure this Congress to get the president’s signature, a special feat in such fiercely divided government. “I don't bet but I should have put 100 bucks in Vegas somewhere on that,” he said of the odds that his bill would get signed.
| | | Frosty flight?... Close to a dozen (maybe more?) House Republicans all caught the same Orlando to D.C. flight Tuesday evening after the House GOP Conference retreat wrapped up. Also aboard the plane ferrying Reps. Lauren Boebert (R-Colo.), Paul Gosar (R-Ariz.), Pete Sessions (R-Texas) and many more was the lawmaker who reps Orlando on Capitol Hill: Freshman progressive Rep. Maxwell Frost (D-Fla.). Our own Jordain was on the same flight and noted the interesting passenger list. QUICK LINKS Kevin McCarthy Boasts of GOP Unity, but Tests Loom on Spending Cuts, Trump from Natalie Andrews at the Wall Street Journal Supreme Court to hear case on ‘Bad Spaniels’ v. Jack Daniel’s from Michael Macagnone at Roll Call As budget cuts loom, group warns of effects on House staff pay from Justin Papp at Roll Call TRANSITIONS Sam Jeske is now press secretary and digital manager for Rep. Primila Jayapal (D-Wash.). Jeske was most recently with Sen. Brian Schatz’s (D-Hawaii) office.
| | | | 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 12 p.m. for debate and 2 p.m. for legislative business. The Senate convenes at 11 a.m. to consider the nomination of Gordon P. Gallagher to be United States District Judge for the District of Colorado, with a vote at noon on confirmation of Gallagher. The Senate will recess for caucus lunches until 2:15 p.m. AROUND THE HILL 10 a.m. Senate Appropriations State-Foreign Operations Subcommittee hearing on the president’s fiscal 2024 budget request for the State Department. Secretary Antony Blinken testifies (138 Dirksen). Blinken will also be at the Senate Foreign Relations Committee at 2:30 p.m. (419 Dirksen). 10 a.m. Senate Environment and Public Works Committee hearing on the president’s fiscal 2024 budget request for the EPA. Administrator Michael Regan testifies. (406 Dirksen) 10 a.m. Senate Finance Committee hearing on the president’s fiscal 2024 budget request for HHS. Secretary Xavier Becerra testifies (215 Dirksen). He’ll also be at the Senate Appropriations Labor-HHS-Education Subcommittee at 2:30 p.m. (138 Dirksen). 2 p.m. Senate Democratic and GOP leaders hold separate press conferences following closed door caucus lunches. (Ohio Clock Corridor) 2:30 p.m. Senate Appropriations Financial Services Subcommittee hearing on the president’s fiscal 2024 budget request for the Treasury Department. Secretary Janet Yellen testifies. (124 Dirksen) 2:30 p.m. Sen. Rick Scott (R-Fla.) and the House Freedom Caucus hold a news conference on the debt limit. (Senate Studio) 2:45 p.m. Frost and Sens. Chris Murphy (D-Conn.) and Richard Blumenthal (D-Conn.) hold a press conference to unveil legislation on gun violence. (House Triangle) 3 p.m. Senate Appropriations Legislative Branch Subcommittee hearing on the president’s fiscal 2024 budget requests for the Library of Congress and the Architect of the Capitol. Librarian of Congress Carla Hayden and Acting Architect of the Capitol Chere Rexroat testify. (192 Dirksen) 4 p.m. House Rules Committee meets on the “Parents Bill of Rights Act.” (H-313) 5:30 p.m. Rep. Jamaal Bowman (D-N.Y.) holds a press conference with TikTok creators. (House Triangle)
| | | TUESDAY’S WINNER: Daniel Luongo correctly answered that Eleanor Roosevelt was the first lady who made history by being the first to fly in an airplane. Her pilot was Amelia Earhart. TODAY’S QUESTION from Daniel: Which 2020 presidential candidate officiated Elizabeth Taylor's eighth and final wedding? 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 Alzheimer's Association: The Biden Administration is continuing to block access to FDA-approved Alzheimer’s treatments. Despite the fact that Medicare has always covered FDA-approved treatments for those living with a disease, CMS has made the unprecedented decision to deny access to FDA-approved treatments for people living with Alzheimer’s. Each day CMS blocks access, more than 2,000 people transition to a more advanced stage of Alzheimer’s where they are no longer eligible for treatment. Each day matters to someone living with early stage Alzheimer's when it comes to slowing the progression of this disease. The Administration’s policy to block access to these treatments eliminates people’s options, resulting in continued irreversible disease progression and contributes to greater health inequities. The role and responsibility of CMS is to provide health care coverage, not to stand between a patient and a doctor when deciding what FDA-approved treatments are appropriate. This decision must be reversed. | | | | | | | Follow us | | | | |
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