Monday, July 24, 2023

Lisa Murkowski’s wake-up call for the Senate

Presented by Brennan Center for Justice: A play-by-play preview of the day’s congressional news
Jul 24, 2023 View in browser
 
POLITICO Huddle

By Anthony Adragna

Presented by Brennan Center for Justice

With assists from the POLITICO Hill team

Sen. Lisa Murkowski (R-Alaska) speaks during a Senate Energy and Natural Resources Committee hearing.

Sen. Lisa Murkowski (R-Alaska) wants the Senate to spend more days at work, blaming the chamber's short-week schedule for a long to-do list before the end of September. | Francis Chung/POLITICO

SENATE HITS THE LEGISLATIVE SNOOZE BUTTON

Senate Majority Leader Chuck Schumer (D-N.Y.) told us a month ago that the sleepy pace on his side of the Capitol would soon be replaced with bipartisan policy-making forays. Lisa Murkowski is still waiting for that Senate wake-up call.

The Alaska Republican moderate told Huddle that she’s got “a very high threshold for dysfunction within the Senate,” but the often-shortened work week has pushed her toward a breaking point.

“Schumer alone is making the determination as to this strategy,” Murkowski said. Legislating “that needs to happen,” she added, “doesn't get done in a way that the public can follow it — much less us as members of the Senate. It is not good.”

So what? It’s not unusual for a Republican to criticize the Democratic leader’s running of the Senate. But Murkowski’s criticism is important for several reasons:

  • Her facts are hard to argue with. The Senate has five weeks in session between now and Sept. 30 to get a ridiculous amount of things done — the annual defense bill, FAA reauthorization and the multiple spending bills needed to avert a government shutdown. That’s in addition to the bipartisan bills Schumer has said he wants to tackle, from artificial intelligence to marijuana banking, and Democratic-led goals like Supreme Court ethics reform.
  • Her vote is important. Murkowski, a supporter of Roe v. Wade’s abortion access levels, is one of the few Republicans who Democrats can truly work with these days. Given that Schumer’s relationship with Sen. Susan Collins (R-Maine) has turned frosty at times, he can’t afford to totally alienate her.
  • Dems aren’t exactly defending the status quo. Their best case for workweeks that at times last less than three days is the House GOP majority’s unwillingness to work with them. Sen. Sheldon Whitehouse (D-R.I.) told Huddle he is “comfortable with our pace” because anything the Senate passes would “have to run into the MAGA wood chipper over on the House side.” Sen. Chris Murphy (D-Conn.) lamented that “the House has not shown any signals of wanting to be engaged constructively in big policy.”

A Schumer spokesperson did not respond to a request for comment on the abridged weeks.
Why he keeps workweeks short: Senate Dems rightly don't see many opportunities to work with the GOP-led House, and they're confronting a brutal 2024 map for their incumbents. Each day spent outside Washington is an opportunity for vulnerable in-cycle senators like Jon Tester (D-Mont.), Jacky Rosen (D-Nev.) and Sherrod Brown (D-Ohio) to be on the ground at home.

Murkowski swears her frustration is shared across the aisle. She told Huddle that she’s talked to Democrats who called the chamber’s short-week schedule “crazy.”

Could the Senate be forced to change? Schumer hasn’t ruled out canceling part of the chamber’s August recess in order to move along military promotions that Sen. Tommy Tuberville (R-Ala.) has held up over Pentagon abortion policy. Even with its lengthy to-do list, though, neither party is enthusiastic about spending more time in Washington.

Processing those promotions one-by-one would drag the already-slow chamber to even more of a crawl, Sen. Brian Schatz (D-Hawaii) warned: “[T]his place will do only personnel and it will do it poorly for the rest of the existence of the Senate.” Even Murkowski insisted that she only has so much time in her (faraway) state and would not give any of it back.

Sound familiar? Senators will be in session from Tuesday to Thursday this week, their last before a five-week August recess.

Down one major vote: Majority Whip Dick Durbin (D-Ill.) will be out due to a positive Covid test, he announced late on Sunday evening. “I'm disappointed to have to miss critical work on the Senate's [defense bill] this week in Washington,” he said in a tweet.

 

A message from Brennan Center for Justice:

The freedom to vote is on the line. Election deniers threaten the fairness and safety of our elections, and gerrymandering and big money dilute the power of voters. But that’s not the whole story — a growing pro-democracy movement is fighting for our freedoms. The Freedom to Vote Act would set baseline national standards to protect voting and prevent election deniers from interfering with our elections. Congress should pass the bill now. Our democracy can’t wait. Learn more.

 

GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Monday, July 24, where everyone’s anxiously awaiting the final week in session before Congress heads to August recess.

HOUSE SETS A DATE WITH BIDEN’S VETO PEN

House Republicans are poised to spend at least part of this week voting to scuttle a pair of Biden administration regulations. It’s a prime opportunity to rack up political points, but both efforts are almost certain to face veto threats.

The House plans to take up two plans to topple Endangered Species Act regulations, designed to protect the lesser prairie chicken and the northern long-eared bat. Supporters of axing the species protections say they harm the development of new infrastructure projects and energy deployment.

The tool Republicans are using: The Congressional Review Act, which provides for easier passage in the closely divided Senate. Sen. Joe Manchin (D-W.Va.) and several Democratic absences helped the lesser prairie chicken resolution pass, while Sen. Amy Klobuchar (D-Minn.) joined Manchin to support overturning the bat-listing decision.

The downside: Congressional Review Act resolutions rarely succeed in the end, because Congress isn’t able to summon the two-thirds vote needed to override a presidential veto. But they allow lawmakers to easily voice objections to executive-branch actions — and offer them a talking point back home.

Also on deck in the House next week: Efforts to move the first two of 12 government spending packages (we told you last week about some conservative heartburn there).

Another one to watch: The House will also consider a bipartisan bill stating the U.S. would oppose any effort to change Taiwan’s status by China as part of any international organization.

 

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BIG WEEK AHEAD FOR GOP PROBES

House investigators are eyeing compliance deadlines, court dates and key testimony on some of their highest-profile priorities, including potential impeachment inquiries and probes of the Justice Department’s handling of its investigation into Hunter Biden. Republicans are looking to lock down interviews and long-sought court documents before they leave Capitol Hill until after Labor Day, when they'll have to juggle many of their investigative efforts with a jam-packed fall sprint.

Here’s what’s on their radar — with the typical caveat that deadlines in Congress are almost always aspirational:

Monday, July 24, 5 p.m.: The deadline set in a Friday letter by Ways & Means Committee Chair Jason Smith (R-Mo.), Judiciary Committee Chair Jim Jordan (R-Ohio) and Oversight Committee Chair James Comer (R-Ky.) for cooperation from Attorney General Merrick Garland in scheduling interviews with DOJ officials as part of their Hunter Biden investigation. After that deadline, the trio warned they would begin issuing subpoenas.

Tuesday, July 25, noon: The deadline Jordan has set for the FBI to “substantially improve its compliance” with a slew of subpoenas from the committee or risk the Judiciary chief starting contempt of Congress proceedings against FBI Director Christopher Wray.

Wednesday, July 26: Department of Homeland Security Secretary Alejandro Mayorkas will face several of the lawmakers calling for his impeachment when he testifies before the Judiciary Committee.

Wednesday’s also the day that the First Son is expected to appear in court as part of his plea deal with federal prosecutors. Hunter Biden’s court appearance has been viewed as a necessary step before House Republicans and the Justice Department lock in a date for the testimony of U.S. Attorney David Weiss, a key player in the plea agreement.

What else to watch for: Comer has indicated he hopes to get Devon Archer, a former Hunter Biden business associate, to meet behind closed doors for a transcribed interview before August. That was supposed to happen last week, but the Kentucky Republican said it was called off due to a scheduling conflict.

– Jordain Carney

 

A message from Brennan Center for Justice:

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HOUSE’S PIPELINE PUSH

The GOP-led House on Friday filed an amicus brief with the Supreme Court in support of the Mountain Valley Pipeline, a controversial natural gas line through Virginia and West Virginia that Congress greenlit as part of the debt ceiling deal earlier this year.

Another VIP backer: The pipeline is a pet project for Manchin, who advocated hard for it in last month’s debt talks — and for many years before that. The West Virginia centrist Democrat sent his amicus brief earlier this week urging the Supreme Court to step in.

Most other Democrats, including both of Virginia’s senators, oppose the project, as do environmental groups that see any new fossil-fuel infrastructure as a step in the wrong direction on climate change.

Why it matters: The House’s brief in the high court case, which seeks to overturn an appeals court ruling that halted construction on the project, amounts to a strong defense of that Manchin-backed provision in the debt bill.

In its brief, the House contended that the appellate court stay obstructs “Congress’s exercise of its constitutional power to pursue an objective that the American people’s elected representatives have just found to be required in the national interest: the timely completion of the Pipeline.”

 

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HUDDLE HOTDISH

John Thune (R-S.D.) had the scoop on some summer ice cream with his grandchildren.

Eric Swalwell (D-Calif.) is seeking recs for the best baseball movies to share with his six-year-old.

TRANSITIONS

Ellie Turner is now with the Chicago Fed where she will lead congressional relations for the Michigan, Wisconsin, Iowa, Indiana, and Illinois area. She was previously communications director for Rep. Sharice Davids (D-Kan.).

QUICK LINKS 

Club for Growth readies $20m fund to boost Boebert, Gaetz and other McCarthy antagonists, by Ally Mutnick

Health policy wars consume appropriations bills, risking shutdown, by Alice Miranda Ollstein

For One Democrat, the Price of Bucking Her Party Is a Flood of Bad Reviews, by Annie Karni in The New York Times

Passport backlog sends wave of angry constituent calls to Senate, sparking search for solution, by Al Weaver in The Hill.

TODAY IN CONGRESS

The House is not in town but meets at 11 a.m. for a pro forma session.

The Senate is not in town.

AROUND THE HILL

12 p.m. BSA | The Software Alliance hosts a briefing to discuss risks of artificial intelligence and “current frameworks to manage these risks and how companies in the field are implementing responsible AI programs.” (Russell 188)

TRIVIA

FRIDAY’S WINNER: Bruce Mehlman was first to identify Sen. Jeff Bingaman (D-N.M.) as the author of the 2004 resolution commemorating the centennial of the birth of J. Robert Oppenheimer.

TODAY’S QUESTION: Who is the wealthiest president in U.S. history (based on peak wealth in 2022 dollars)? 

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

GET HUDDLE emailed to your phone each morning.

Follow Daniella and Anthony on Twitter at @DaniellaMicaela and @AnthonyAdragna.

 

A message from Brennan Center for Justice:

The freedom to vote is on the line. States have passed almost 100 laws rolling back voting rights in the 10 years since the Supreme Court gutted the Voting Rights Act. Gerrymandering and big money undermine the voices of voters across the country. The American people rejected election deniers at the ballot box, but attempts to undermine safe and secure elections continue to spread. Every American should be able to cast a vote and make their voices heard – the Freedom to Vote Act is the pro-democracy bill that we need. It would establish baseline national standards that protect the freedom to vote and make it harder to manipulate elections. It would ban partisan gerrymandering and counter big money in politics, and it would protect voters of color. Americans support it, and they expect action: Congress should swiftly pass the Freedom to Vote Act. Learn more.

 
 

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