Thursday, April 16, 2020

Trump’s new threat to Congress



with help from Sarah Ferris


ANTI-PRO FORMA — You’ll be forgiven if you didn’t have this one on your Bingo card. President Donald Trump — in the middle of his daily coronavirus briefing — threatened to use his power to adjourn Congress so he could fill vacancies with recess appointments, complaining bitterly that his executive branch nominees are being blocked by Senate Democrats. (Even though lawmakers are away from the Capitol, the House and Senate have still been holding pro-forma sessions, which prevent recess appointments from being made.) “If they don’t act on getting these people approved … we are going to do something,” said Trump. “They’ve been warned.”


But, but, but … it’s an executive power that has never been exercised before, and would almost certainly set off a legal battle. “We’ll probably be challenged in court, and we’ll see who wins,” Trump said. Plus, the president can only adjourn Congress if the two chambers disagree about when to adjourn. And it’s not just Democrats preventing Trump’s nominees from getting through the Senate: some Republicans also have issues with some of his picks, which is why they are wary of allowing recess appointments.


So, would Mitch McConnell even go along with this idea? The Senate majority leader’s office quickly put out a statement saying that he’s talked with Trump about nominees, but didn’t comment directly on the adjournment threat. “Leader McConnell had a conversation today with the president to discuss Senate Democrats’ unprecedented obstruction of the president’s well-qualified nominees and shared his continued frustration with the process,” said a McConnell spokesman. “[McConnell] pledged to find ways to confirm nominees considered mission-critical to the COVID-19 pandemic, but under Senate rules that will take consent from Leader Schumer.” Bres with the story: https://politi.co/3adzg7k.


Fact check, from NYT’s Peter Baker: “Trump says ‘hundreds’ of nominees have been waiting for Senate confirmation for three years. In fact, 82 nominations are currently pending. Another 150 positions are vacant with no one nominated by Trump.” … And then this from WaPo’s Seung Min Kim: “Trump said he’s gotten 448 judges confirmed, which is …. not true. It’s 193.”


SENATE STANDSTILL — Republicans and Democrats are still trying to break the impasse over aid for small businesses. McConnell and House Minority Leader Kevin McCarthy put out a joint statement last night ripping Democrats for blocking emergency funding for the small business loans program, which is drying up. “This did not have to happen,” they said. And Speaker Nancy Pelosi reiterated her position that she wants money for hospitals, states and local governments, as well as assurances that minority-owned businesses have access to the capital. “Republicans’ bill which fails to address these critical issues cannot get unanimous consent in the House,” she said.


Treasury Secretary Steven Mnuchin has been in talks with Democratic leaders, and those discussions are expected to continue today. But Senate Republicans say Mnuchin doesn’t necessarily speak for them and are warning that any deal he cuts could be rejected. “There are a lot of Republicans that are going to have a lot of questions of whatever the secretary and the speaker agree to. Just because they agreed to it, it’s not a done deal,” said Sen. John Kennedy (R-La.). The story from Burgess and Heather: https://politi.co/34Q6jxn.


Speaking of the small business loans program … a bipartisan group of lawmakers is sending a letter to the SBA this morning requesting a briefing — and more guidance — on the program, saying constituents are running into issues applying for the loans. “Many small business owners have been confused and frustrated regarding the status of their loan and grant application,” the lawmakers wrote, according to a copy of the letter obtained by your Huddle host. “We have received reports of long wait times and unsatisfactory answers regarding loan status when inquiries are placed. Many of our constituents have struggled to even determine if their loan application has been received.” The effort — which is being spearheaded by Rep. Bradley Byrne (R-Ala.) — has over 100 signatures.


Related read: “Stimulus program for small business nearly depleted as Congress still negotiating a deal,” by USA Today’s Christal Hayes: https://bit.ly/34DvLGd.


CALL ME MAYBE …Trump will hold separate calls with House and Senate lawmakers this morning, according to his schedule (h/tC-SPAN’s Craig Caplan). Pelosi and McCarthy will both hold their weekly press conferences via telephone conference call — and McCarthy’s will even belivestreamed.


A WHOLE NEW WORLD — The coronavirus has completely upended the House Democrats’ agenda in a crucial election year. Not only are lawmakers away from the Capitol right now, but their work is being dominated by efforts to protect the health of the nation and get the economy back on track. That means a different message — and a radically different calendar. The House will likely have to cut short future recess periods, even leading up to the election. Frontline Democrats could be sitting in NDAA markups in late October, a time they would normally be campaigning.


However, Democrats are starting to figure out how they can still talk up issues like immigration and climate change in the context of the current crisis — with an added focus on health care and the economy. Rep. Jamie Raskin (D-Md.), for instance, said the U.S. response to the pandemic is “a dress rehearsal for addressing the catastrophic impacts of climate change.” The story from Sarah and Heather: https://politi.co/2RKcTjz.


Related: “Sen. Patty Murray and other Democrats push White House to make coronavirus testing available nationwide,” from Ryan Blethen of the Seattle Times: https://bit.ly/2REFOFw.


TOP-ED … “I’m Overseeing the Coronavirus Relief Bill. The Strings Aren’t Attached,” by Bharat Ramamurti for the NYT: https://nyti.ms/2K6dN5A.


GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, April 16, where it looks like Pizza Groundhog is coming for Pizza Rat’s title.


WEDNESDAY’S MOST CLICKED: ProPublica’s report on Sen. Richard Burr selling his townhouse to a donor was the big winner.


ENOUGH OF THE CONFERENCE CALLS! — A growing number of House lawmakers are amping up pressure on their leadership to allow Congress to operate virtually as they remain homebound during the global pandemic. Over a dozen members, mostly Democrats, have signed onto a resolution that would require Speaker Nancy Pelosi and House Minority Leader Kevin McCarthy to create a bipartisan commission charged with setting up some form of remote work. It’s not just electronic voting — which Pelosi and McCarthy have dismissed — but also virtual debate, committee hearings and amendment filing.


“I revere tradition and I honor it, but there is a massive disconnect between what we need to do and our ability to do it,” said Rep. Dean Phillips, one of the original seven co-signers. The resolution was drafted by Phillips as well as Reps. Eric Swalwell (D-Calif.), Josh Gottheimer (D-N.J.), Abigail Spanberger (D-Va.), Tom Reed (R-N.Y.), Katie Porter (D-Calif.) and Ro Khanna (D-Calif.). Lawmakers are actively whipping the resolution, which they hope can get the needed 290 signatures to force a vote on the floor.


Related reads: “Amid a pandemic, lawmakers urge leadership to reconsider remote voting,” via CNN’s Jeremy Herb and Lauren Fox: https://cnn.it/2VcV8vn; and “Congress operates like a college, making a return to regular order complicated,” by Wapo’s Paul Kane: https://wapo.st/2KflkPr.


NEWSMAKER — Rep. Alexandria Ocasio-Cortez (D-N.Y.) did a 30-minute interview with our friends at Playbook yesterday, where she talked about coronavirus, Joe Biden and her own political future. Here are some highlights from her interview with Anna Palmer and Jake Sherman:


On whether she will endorse Joe Biden: “Yeah, we’ll see, we’re having conversations with Biden’s team, and trying to figure out what some of these policy conversations will look like.” What changes does she want to see in his platform? “I don’t think that the vice president has a climate change policy that is sufficient right now, and I’d like to see us really work on that.”


On whether she would primary Chuck Schumer: “No, no. Right now my concern is just making sure I’m taking care of everything right in front of me. I’m very much focused on my election in 2020.” But would she rule it out? “I literally don’t think about this in any serious way, so I don’t know.”


On the scale of Congress’ coronavirus response: “We’re going to either have to make the New Deal look normal, or even small, in terms of what we have to pursue going forward.”


On Biden’s veep selection: “I think [Barack Obama] selected Joe Biden because they came even from different places politically as well, not just in terms of identity, but Biden was more conservative than Obama at that time and I think it would be encouraging if Biden also picked someone who is a little bit more progressive and that … he knows may push him.”


On the millennial generation suffering two financial crises: “Millennials have been just completely screwed by our circumstances.”


Related read: “DCCC Says It’s Prepared To Help Alexandria Ocasio-Cortez Fend Off Challenge,” per HuffPo’s Daniel Marans: https://bit.ly/3aern1s.


YOU GOT SOME ‘SPLAININ TO DO — Sen. Thom Tillis (R-N.C.), who is up for reelection this fall, weighed in on reports that Sen. Richard Burr (R-N.C.) traded stocks after a private coronavirus briefing and before the markets took a virus-related downturn. Andrew with the report: “Senate Intelligence Chairman Richard Burr (R-N.C.) owes the country an explanation over his controversial stock trades, his North Carolina counterpart said on Wednesday.


“Sen. Thom Tillis (R-N.C.) … demurred on calls for Burr to step down as chairman of the powerful intelligence panel, but said the three-term senator should come clean about his decision in February to sell more than two dozen stocks on a single day as he was receiving briefings on the coronavirus pandemic. ‘Regardless of what happens with the investigation, I think Sen. Burr owes everybody in North Carolina and the United States an explanation, and we’ll see where the investigation goes,’ Tillis told conservative talk radio host Hugh Hewitt. ‘With respect to his chairmanship, that’s a decision … that would be better left to him and the leadership.’” More: https://politi.co/3b9SQTc.


Related read: “Democrats eye tantalizing Senate prize in Georgia but face doubts about seizing it,” from WaPo’s Mike DeBonis: https://wapo.st/2K6tw4N.


AIN’T NO PARTY LIKE A THIRD PARTY — Rep. Justin Amash (I-Mich.) will soon make a decision about whether he will launch a third-party bid for president. More from CNN: “Justin Amash, a former Republican-turned independent congressman from Michigan, said Wednesday that he stopped actively campaigning for his House seat in mid-February as he has been considering running for president as a libertarian. ‘He has been discussing the potential campaign with his family, his friends, his team, and others, and a decision can be expected soon,’ Amash’s campaign said in a statement.


“His potential entry into the race comes after more than a year of refusing to rule out such a possibility. If he does run, Amash would seek the Libertarian Party’s nomination at their convention in Austin, Texas, which is currently set for the end of May. In 2016, Libertarian presidential nominee Gary Johnson, a former governor of New Mexico, was on the ballot in every state and won a little over 3% of the national vote.” The story from Haley Byrd: https://cnn.it/2RHrkEW.


Stamp of approval? … Former Rep. Mark Sanford (R-S.C.), who briefly ran for president himself, tweeted words of encouragement: “I think you could and should be that option.”


CASH RULES EVERYTHING — The FEC filing deadline has come and gone, and that means that fundraising numbers for the first three months of the year are trickling in. Some numbers that caught our eye:


—“Katie Porter raises $2M in first quarter,” via Ally Mutnick: https://politi.co/3ahWUzn.


—“Lindsey Graham outraised by Democrat Jaime Harrison in SC’s record-setting Senate race,” by Jamie Lovegrove of the Post and Courier: https://bit.ly/2RKXmjw.


—“Gardner Leads The 2020 Colorado Senate Race In Cash,” from Colorado Public News’ Bente Birkeland: https://bit.ly/2VwsSTf.


—“Tillis challenger Cunningham raises nearly $4.4M in first quarter,” per Roll Call’s Kate Ackley: https://bit.ly/34Ifn73.


Kelsey Moran, former chief of staff to Rep. Lois Frankel (D-Fla), has joined Autodesk, which makes digital design software for media, entertainment and other industries, as senior manager of government relations


The House and Senate are out.


House Minority Leader Kevin McCarthy (R-Calif.) holds his weekly press conference via telephone conference call at 11:30 a.m.


Speaker Nancy Pelosi (D-Calif.) holds her weekly press conference via telephone conference call at 12:15 p.m.


WEDNESDAY’S WINNER: Max Baker was the first person to guess that Sen. Elizabeth Warren has written more books than any other sitting senator, with 12 under belt.


TODAY’S QUESTION: From yours truly: How many senators have been depicted on a postage stamp? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess to [email protected].


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    • Melanie Zanona @MZanona




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