WASHINGTON — Republicans are confident a vote confirming Amy Coney Barrett to the the Supreme Court is only days away, but Democrats are looking farther ahead and warning that this swift process on the eve of an election won’t be quickly forgotten.
Even as senators shared lighthearted and jovial moments with colleagues in the confirmation hearings, some Democrats warned there could be consequences.
“The rule of ‘because we can,’ which is the rule that is being applied today, is one that leads away from a lot of the traditions and commitments and values that the Senate has long embodied,” Sen. Sheldon Whitehouse, D-R.I., said.
“Don’t think that when you have established the rule of ‘because we can’ that should the shoe be on the other foot that you will have any credibility to come to us and say, yeah, I know you can do that but you shouldn’t because of X, Y, Z,” he said. “Your credibility to make that argument in the future will die in this room and on that Senate floor if you continue to proceed in this way.”
Whitehouse’s warning comes ahead of an election in which polls say Democrats are favored to win the presidency and potentially full control of Congress.
The remarks foreshadow what could be a major fight among Democrats about whether — and how — to retaliate if they regain power in January. Party sources say it is unclear how they will respond and that it depends on what happens the election — that if they win, the magnitude of victory will determine whether they have the necessary votes and mandate to take drastic action.
Some progressive activists have pushed the party to expand the Supreme Court in retaliation, unhappy that Republicans refused to confirm President Barack Obama’s final nominee months before an election but are letting Trump fill a vacancy as Americans have already begun to cast votes. Biden has said he’s “not a fan of court-packing” as he runs to restore norms and institutions and keeps his focus on defeating the coronavirus and protecting health care access.
Senate Judiciary Chair Lindsey Graham, R-S.C., has argued that Democrats opposition to Justice Brett Kavanaugh’s nomination then justified the reversal of his previous promise not to fill a Supreme Court vacancy in the last year of Trump’s term.
“I made it pretty clear that what I thought what happened to Justice Kavanaugh changed every rule, every norm,” he said, while praising Democrats for conducting themselves respectfully with Barrett. “Once we have a new election, then hopefully we’ll have a fresh start.”
The Democrats didn’t pointedly bring up court expansion on Thursday, a topic that they’ve put on the back-burner. But they said the future of the institution looks bleak.
“I don’t know how we get this train back on track,” Senate Minority Whip Dick Durbin, D-Ill., said in the committee. “But this nomination, at this moment in time, is not usual, not normal, and it’s beneath the dignity of this committee.”
Calls for Feinstein’s removal
The top Democrat on the committee, Sen. Dianne Feinstein, D-Calif., closed on a note of praise for Graham, which rankled progressives.
“I just want to thank you. This has been one of the best set of hearings that I’ve participated in,” she told them. “Thank you so much for your leadership.” The two embraced as the hearing ended.
In response Brian Fallon, the executive director of the progressive advocacy group Demand Justice, called for removing Feinstein from the leadership role on the committee.
“She has undercut Democrats’ position at every step of this process, from undermining calls for filibuster and Court reform straight through to thanking Republicans for the most egregious partisan power grab in the modern history of the Supreme Court,” Fallon said in a statement. “If Senate Democrats are going to get their act together on the courts going forward, they cannot be led by someone who treats … the Republican theft of a Supreme Court seat with kid gloves.”
The Democrats did try to use procedural motions to slow the process down. Graham shot them down and set a committee vote for 1 p.m. Eastern Time on October 22.
After that vote, which is likely to receive the backing of all the Republicans on the panel, the nomination would move to the full Senate, which could hold a final vote as early as Monday, Oct. 26, the week before Election Day. Aides cautioned that nothing is set yet.
“We have the votes,” McConnell told reporters in Kentucky.
Sen. Cory Booker, D-N.J., said Thursday he recognized that “this goose is pretty much cooked.”
The most immediate consequence of confirming Barrett, which would sharply tilt the balance of the Supreme Court and cement a 6-3 conservative majority, was set to occur at the ballot box.
Four Republicans on the Judiciary committee — Graham, John Cornyn of Texas, Thom Tillis of North Carolina and Joni Ernst of Iowa — are facing competitive reelection bids. Tillis and Ernst are trailing their opponents, and polls indicate most Americans want Republicans to wait to fill the vacancy.
All four offered praise for Barrett and are expected to support her.
The only Republican who has said she’ll vote “no” is Sen. Susan Collins, who faces a difficult re-election battle in Maine, and said it was the wrong time to fill a high court vacancy. In addition, Sen. Lisa Murkowski, R-Alaska, has said she opposes the process at this time, but her office said she wouldn’t comment on how she’d vote in a final up-or-down referendum until after she meets with Barrett.
Republicans need 50 of their 53 members to secure confirmation.
Manchin has continued working behind the scenes to whip up support, but leading Republicans are increasingly lined up against him. If the bill fails to clear 60 votes on Tuesday, then congressional leaders will likely have to put a spending bill on the floor that omits Manchin’s energy legislation. That permitting proposal was a key piece of Senate Majority Leader Chuck Schumer’s deal with Manchin to pass a party-line climate, health care and tax bill this summer.
Manchin said on Tuesday afternoon he was single-mindedly focused on trying to get 60 votes on Tuesday afternoon: “We’re not even going over options. We’re just trying to basically get it through.”
“I understand the politics we’re dealing with today,” Manchin said. “I understand how adamantly opposed [McConnell] is and it’s just a shame that we’re going to miss a golden opportunity if we don’t do it.”
Sen. Tim Kaine (D-Va.) also announced Tuesday that he’ll oppose the combo legislation, joining Sen. Bernie Sanders (I-Vt.), who has pledged to vote down the funding bill if energy permitting provisions are attached. Manchin’s package needs a minimum of 60 votes to hitch a ride to passage on the continuing resolution, meaning he’ll need backing from at least a dozen Republicans. If he fails to clear that hurdle later Tuesday, Schumer could seek a time agreement to push forward with a stand-alone stopgap spending measure.
Senate Majority Whip Dick Durbin (D-Ill.) said the House may decide to move next if the effort fails on Tuesday evening. He said should Republicans block the Senate bill, “the question then is whether the House can move first on a measure that is acceptable on a bipartisan basis, that does not include the Manchin” bill.
House Speaker Nancy Pelosi has also said the lower chamber could quickly move first if needed, passing a stopgap without Manchin’s plan. The government runs out of funding after Sept. 30.
Senate leaders unveiled the text of the government spending patch, with Manchin’s proposal included, minutes before midnight on Monday. The bill would extend government funding until Dec. 16 and provide Ukraine more than $12 billion in emergency cash. It also devotes $35 million to respond to “potential nuclear and radiological incidents in Ukraine,” according to a summary.
The temporary funding patch includes $1 billion in heating assistance for low-income families, $20 million to help address the water crisis in Jackson, Miss., more than $112 million for federal court security and billions of dollars in other disaster aid.
The measure also allows FEMA to spend at a higher rate to respond to natural disasters in the short term, including the catastrophic flooding and power outages caused by Hurricane Fiona in Puerto Rico. It includes extra cash and flexibility for resettling Afghan refugees and a five-year reauthorization of the FDA’s user fee programs.
It does not include any additional funding to address emerging coronavirus or monkeypox needs, despite the Biden administration’s request for billions of dollars in such emergency money.
The stopgap measure buys time for negotiations on a broader government funding deal that would boost federal agency budgets in the fiscal year that begins on Oct. 1 — a priority for Shelby and Senate Appropriations Chair Patrick Leahy (D-Vt.), who are both retiring at the end of the year.
In a statement, House Appropriations Chair Rosa DeLauro (D-Conn.) said she’s “extremely disappointed that controversial permitting reform is attached and not being considered separately.”
“Despite these shortcomings, the continuing resolution still provides resources critical to our communities and national security,” DeLauro said. “And with just four days before the end of the fiscal year, it keeps the government open.”
Leahy also said Manchin’s permitting legislation is “a controversial matter that should be debated on its own merits.”
“However, with four days left in the fiscal year, we cannot risk a government shutdown; we must work to advance this bill,” he said.
MUTUALLY ASSURED DESTRUCTION — President JOE BIDEN, Senate Majority Leader CHUCK SCHUMER and Speaker NANCY PELOSI unveiled a rather daring new strategy Thursday for getting the president’s agenda passed.
The gist is this: If Biden’s proposal for “family infrastructure” and climate change doesn’t pass, then neither will the bipartisan infrastructure deal that senators just struck. Think of this as a Plan B after Sens. JOE MANCHIN (D-W.Va.) and KYRSTEN SINEMA (D-Ariz.) refused to promise they’ll support Part 2, Democrats’ multitrillion-dollar reconciliation package.
But the Biden-Schumer-Pelosi playbook also has the makings of a serious legislative cluster — and high drama over whether Democrats can actually pull this off — this summer and possibly into the fall.
Here’s your new timeline, according to Hill sources, and bear with us for a bit of procedural wonkery:
1) The Senate will turn the bipartisan agreement into legislative text in the coming days so it can pass it out of the chamber in July. The House will likely have its own version. But instead of conferencing and approving a combined bill for Biden’s signature before the August recess, leaders will put infrastructure on ice until the Democrats-only bill catches up.
2) Schumer and Pelosi plan to have both their chambers pass their respective budget resolutions before the August recess, enabling Democrats to unlock the fast-tracking reconciliation tool.
3) That budget will include instructions for each committee to tackle everything from corporate tax hikes to climate change, education, paid family leave and the like — in other words, everything Democrats want that’s not included in the bipartisan infrastructure package. The panels will work over the August recess to draft the massive reconciliation bill, which Sen. BERNIE SANDERS (I-Vt.) hopes will top $6 trillion.
4) When lawmakers return in September from the August recess, they’ll have a few weeks to clear both bills at the same time. The new deadline for getting both to Biden’s desk, per Democratic leaders, is Sept. 30, when a bunch of surface transportation programs expire.
Now, the pitfalls: First off, getting all Democrats to agree on a budget resolution in July is going to be hellish for Schumer and Pelosi. They have virtually no wiggle room due to their slim majorities, and their conferences are divided over how big this Democrats-only bill should be. Expect more Manchin and Sinema flexing.
Then there’s the question of Republicans. How do Senate Republicans who struck this deal take the news that their plan will be put on hold for more than two months — and may or may not even pass depending on whether Manchin and Sinema decide to support the larger reconciliation bill?
PLAYBOOK INTERVIEW: GRAHAM IS OUT — We caught up with Sen. LINDSEY GRAHAM (R-S.C.) on Thursday night as he was boarding a plane to California. Graham, you may remember, is one of the 11 Republicans who signed onto the original bipartisan infrastructure framework, which seemed to prove that there were enough Republicans to overcome a filibuster.
Notably, there were only five of those Republicans at the White House on Thursday. This deal is dead without at least five more.
After hearing what Biden said about linking the small bipartisan bill to the big reconciliation bill, Graham told us … he’s out.
“If he’s gonna tie them together, he can forget it!” Graham said. “I’m not doing that. That’s extortion! I’m not going to do that. The Dems are being told you can’t get your bipartisan work product passed unless you sign on to what the left wants, and I’m not playing that game.”
Graham said the five Republicans negotiating the deal never told him about the linkage strategy and he does not believe that they were aware of it. “Most Republicans could not have known that,” he said. “There’s no way. You look like a fucking idiot now.” He added, “I don’t mind bipartisanship, but I’m not going to do a suicide mission.”
Graham often changes his mind, so Republicans close to the negotiations may take his comments with a grain of salt. But at the same time, Republicans who want this deal to happen believe Biden created a massive problem that could put the entire deal in jeopardy.
“The president’s comments did real damage here,” said a senior GOP aide. “It is astonishing that he could endorse this bipartisan framework in one breath and then announce he will hold it hostage in the next.”
MCCONNELL CONCURS: Minority Leader MITCH MCCONNELL made the same point on the Senate floor, accusing Democratic leaders of “pulling the rug out from under their bipartisan negotiators” with the new interconnected strategy.
DON’T MISS:Burgess Everett and Marianne LeVine have a good tick-tock on how the group of 20 centrist Democrats and Republicans defied expectations and no shortage of cynicism to strike a deal. The secret to their success? Positive vibes and a lot of wine. Natasha Korecki and Laura Barrón-López, meanwhile, look at what a coup this is for Biden, assuming the deal holds up: “The longtime creature of the Senate who has boasted endlessly about his mastery of the art of compromise now [has] proof that this seemingly antiquated form of governance could work.”
DEPT OF NOT GIVING A … Sinemawas fundraisinglast weekin Manhattan, where we heard she received a tongue-lashing by a major Democratic donor. The warning was specifically about playing ball with Democratic leadership on the infrastructure bill and her broadergo-it-alone brand. “They gave her a lot of pushback, they said she’s in the majority, make it work, don’t undermine it,” a source familiar with the sit-downsaid. Sinema clearly didn’t pay heed. Days later, she doubled down on preserving the filibuster in a WaPo op-ed. Wonder if she was wearing her “F— Off” ring when she wrote it.
JOIN US — Biden’s ability to deliver on his massive infrastructure package could prove critical in maintaining momentum early into his administration. ANITA DUNN, a senior White House adviser to Biden, will join Ryan at 10 a.m. on July 2. The topics will cover Biden’s legislative agenda, including getting the infrastructure plan through Congress, the latest on efforts to get 70% of U.S. adults vaccinated against Covid-19, the road to full economic recovery and preparation for the White House’s first big public event on Independence Day. Register here to watch live
‘THIS IS A CLUSTERF—’ … MATTHEW CAULFIELD was a college senior when he was given a seemingly simple assignment that would torment him for years: How big, precisely, was the U.S. elections industry? Caulfield resolved to do what apparently no one had done before: contact every last living election clerk in the U.S. to find out what they paid for their voting machines. Eugene and reporter Ben Wofford dive into the mysterious world of voting technology companies and the voting rights debate happening right now in Congress. “This is a — can I say ‘clusterf—’?” Ben says. “It’s complex enough that there is probably not going to be some easy federal solution.”Listen and subscribe to Playbook Deep Dive …More from Ben for POLITICO Mag
BIDEN’S FRIDAY:
— 9:50 a.m.: The president will receive the President’s Daily Brief.
— 1:30 p.m.: Biden will sign into law H.R. 49, to designate the National Pulse Memorial, with first lady JILL BIDEN also in attendance in the South Court Auditorium.
— 2 p.m.: The president and Transportation Secretary PETE BUTTIGIEG will deliver remarks to commemorate LGBTQ+ Pride Month in the East Room. The first lady will also attend.
— 3:30 p.m.: Biden will welcome Afghan President MOHAMMAD ASHRAF GHANI and ABDULLAH ABDULLAH, chair of the High Council for National Reconciliation of the Islamic Republic of Afghanistan, to the White House.
— 5:10 p.m.: Biden will depart the White House en route to Camp David.
Press secretary JEN PSAKI will brief at 12:15 p.m.
KAMALA HARRIS’ FRIDAY:
— 6 a.m.: The vice president will depart for El Paso, Texas.
— 10:35 a.m. EDT: Harris will tour the El Paso Border Patrol Station.
— 12:25 p.m. EDT: Harris will meet with advocates from faith-based NGOs and shelter and legal service providers.
— 1:35 p.m. EDT: The VP will deliver remarks to the press and answer a “few questions.”
— 2:30 p.m. EDT: Harris will depart en route to Los Angeles, where she will remain overnight.
THE SENATE is out.
THE HOUSE will meet at 9 a.m.,with first and last votes expected between 10:15 a.m. and 10:45 a.m. Minority Leader KEVIN MCCARTHY will hold his weekly presser at 11:30 a.m.
PLAYBOOK READS
TRACKING THE VEEP
CURTAIN RAISER ON HARRIS’ TRIP — “Harris looks to shift the narrative at the southern border,” by Eugene Daniels, Anita Kumar and Melanie Zanona: “The Biden administration is insisting that Vice President Kamala Harris’ trip to the U.S.-Mexico border today is not about politics.
“But the politics of immigration are unavoidable as Harris tours a U.S. Customs Border Patrol central processing facility, receives a briefing and meets with immigration advocates in El Paso, Texas. And allies and fellow Democrats agree the trip was absolutely necessary to put weeks of bruising Republican criticism on the issue behind her — and to serve as a counterpoint to former President DONALD TRUMP’S visit to a different part of the border next week. …
“[SYMONE] SANDERS batted down questions on the timing of the trip, saying it was scheduled today because the timing ‘made sense’ for Harris and folks on the ground. ‘This administration does not take their cues from Republican criticism, nor from the former president of the United States of America,’ Sanders said.”
DEPT. OF BAD TIMING — “Two top travel officials for Kamala Harris are departing, just as a rush of touring begins,” by NYT’s Annie Karni and Katie Rogers: “KARLY SATKOWIAK, the director of advance, and GABRIELLE DEFRANCESCHI, the deputy director of advance, have both told the vice president’s office they plan to leave in the coming weeks, according to three sources familiar with their plans. A spokeswoman for Ms. Harris said the departures were long planned and that both women are currently engaged with finding their replacements.
“Advance workers are an integral part of the vice president’s team, responsible for planning all of her trips. Ms. Satkowiak and Ms. DeFranceschi put together the teams that survey venues for Ms. Harris to visit, and negotiate with local officials to get the venues camera-ready. … The departures come as the administration has put out a broad call for ‘advance associates’ to help Ms. Harris and her husband, DOUGLAS EMHOFF, with a big push of vaccine-related travel in the summer months. The vice president’s office, according to a person familiar with its hiring, is currently short on travel support staff.”
2024 WATCH
NO APOLOGIES — “Pence, Diverging From Trump, Says He Was ‘Proud’ to Certify Election,”by NYT’s Annie Karni and Maggie Haberman: “Former Vice President MIKE PENCE on Thursday night made his most forceful attempt yet to separate himself from his former boss, Donald J. Trump, on the issue of certifying the 2020 election results. Speaking at the Ronald Reagan Presidential Library in Simi Valley, Calif., Mr. Pence defended the constitutionally mandated role he played in certifying the Electoral College vote on Jan. 6 …
“‘I will always be proud that we did our part on that tragic day to reconvene the Congress and fulfilled our duty under the Constitution and the laws of the United States,’ Mr. Pence said … ‘The truth is, there is almost no idea more un-American than the notion that any one person could choose the American president.’
“It was the furthest that Mr. Pence, a potential Republican presidential candidate in 2024, has gone yet in defending his role that day or distancing himself from Mr. Trump, to whom he ingratiated himself during their four years together in office.”
“Haley praises Trump in Iowa speech laced with 2024 intrigue,”by Alex Isenstadt: “The potential 2024 presidential candidate [NIKKI HALEY] lavished praise on Trump during an evening appearance before the Iowa Republican Party’s Lincoln Dinner, a major party gathering in the all-important, first-in-the-nation caucus state. … Haley also offered a preview of how she may distinguish herself in a 2024 presidential contest: as a Republican with a diverse background. The former ambassador called herself ‘the proud daughter of Indian immigrants’ and said that growing up she was ‘a brown girl in a black-and-white world.’”
THE TRUMP CARD — “What Donald Trump wants as he emerges back on the trail,”by Meridith McGraw and James Arkin: “On Saturday, Trump will hold a Make America Great Again rally outside of Cleveland, Ohio in support of longtime aide turned Republican congressional candidate MAX MILLER, who is vying for the seat currently held by Rep. ANTHONY GONZALEZ, a Cleveland native who voted for the second impeachment of Trump … [He’s] increasingly eager to push the falsehoods that his reelection was deprived of him through nefarious attempts to doctor the vote. …
“There has been discussion among Trump aides ahead of Saturday’s rally about notallowing candidates backstage to take photos with the former president for fear that those images could later be used to falsely imply they received his endorsement. Trump aides have been increasingly aggressive about pushing back on efforts from candidates to suggest they have Trump’s backing when they don’t.”
THE TRUMP INTELLIGENCE AGENCY — “They Seemed Like Democratic Activists. They Were Secretly Conservative Spies,” by NYT’s Mark Mazzetti and Adam Goldman: “Large donations to the Democratic National Committee — $10,000 each — had bought BEAU MAIER and SOFIA LAROCCA tickets to the debate. During a cocktail reception beforehand, they worked the room of party officials, rainbow donkey pins affixed to their lapels.
“In fact, much about them was a lie. Mr. Maier and Ms. LaRocca were part of an undercover operation by conservatives to infiltrate progressive groups, political campaigns and the offices of Democratic as well as moderate Republican elected officials during the 2020 election cycle, according to interviews and documents.
“Using large campaign donations and cover stories, the operatives aimed to gather dirt that could sabotage the reputations of people and organizations considered threats to a hard-right agenda advanced by President Donald J. Trump.”
VALLEY TALK
“App Taps Unwitting Users Abroad to Gather Open-Source Intelligence,”by WSJ’s Byron Tau: “San Francisco-based Premise Data Corp. pays users, many of them in the developing world, to complete basic tasks for small payments. Typical assignments involve snapping photos, filling out surveys or doing other basic data collection or observational reporting such as counting ATMs or reporting on the price of consumer goods like food.
“About half of the company’s clients are private businesses seeking commercial information, Premise says. That can involve assignments like gathering market information on the footprint of competitors, scouting locations and other basic, public observational tasks. Premise in recent years has also started working with the U.S. military and foreign governments, marketing the capability of its flexible, global, gig-based workforce to do basic reconnaissance and gauge public opinion.”
TV TONIGHT — PBS’ “Washington Week”: Zolan Kanno-Youngs, Eva McKend, Mike Memoli and Jake Sherman.
SUNDAY SO FAR …
“This Week”: Sen. Rob Portman (R-Ohio) … Minnesota A.G. Keith Ellison. Panel: Donna Brazile, Yvette Simpson, Sarah Isgur and Ramesh Ponnuru.
“Full Court Press”: Sen. Rick Scott (R-Fla.) … House Majority Whip Jim Clyburn (D-S.C.).
“Fox News Sunday”: Rep. Jim Banks (R-Ind.) … Kansas City, Mo., Mayor Quinton Lucas. Panel: Dana Perino, Jonathan Swan and Mo Elleithee. Power Player: Marc Polymeropoulos.
“Face the Nation”: Sen. Jon Tester (D-Mont.) … Arkansas Gov. Asa Hutchinson … Scott Gottlieb … Sasha Issenberg.
“The Sunday Show”: Rep. John Sarbanes (D-Md.) … Rep. Karen Bass (D-Calif.) … Rep. Ritchie Torres (D-N.Y.) … Matthew Dowd … Sophia Nelson.
“Inside Politics”: Panel: Molly Ball, Seung Min Kim, Phil Mattingly, Brittany Shepherd and Jonathan Reiner.
“Meet the Press”: Panel: Yamiche Alcindor, Andrea Mitchell and Danielle Pletka.
PLAYBOOKERS
DESANTIS RISING AND RAISING — Florida Gov. Ron DeSantis was spotted in D.C. on Wednesday at the Oceanaire in Penn Quarter meeting with potential donors. One left the room with the impression that “he’s definitely running” for president. DeSantis’ office said “the Governor has said repeatedly he’s focused on serving Floridians in the here and now.” We’ve heard that one before. Also, spotted at the donor confab was Rep. MARIA SALAZAR (R-Fla). We’ve noticed some Trump-friendly blue checks pitting the two against each other in non-scientific Twitter polls.
BIG CAT TALK: “Tiger King’s” Carole Baskin warned guests at “The Conservation Game” premiere Thursday that believe it or not, there are more Joe Exotics out there. And that’s why the conservation queen is pushing for Congress to pass the Big Cat Public Safety Act to end the private ownership of big cats. The bill was reintroduced this year by Rep. Mike Quigley (D-Ill.), who was in the audience. Baskin remarked to the moderator, Steve Clemons, that thanks to the Netflix hit documentary that exposed the big cat breeding phenomenon, the number of bad players breeding cats has dwindled from 60 to six or seven. Also at the event at the Eaton D.C. hotel: Carole’s husband Howard, director Mike Webber, activist Tim Harrison, Guy Cecil, Jason Osborne, Pam Stevens, Kimball Stroud and David White, Virginia Coyne, Tricia Enright, Holly Kinnamon, Adam Parkhomenko, Rick Barron, Meghan Johnson, Kitty Block and Sara Amundson.
SPOTTED at Cafe Milano for lunch Thursday: Judy Woodruff with Bob Barnett … NASA Administrator Bill Nelson.
SPOTTED at Erick Sanchez’s “return to summer” social at Ivy and Coney: Rep. Tim Ryan (D-Ohio), Neil Grace, Nikki Schwab, Christian Datoc, Meghan Milloy, Jim Abbey, Phil Beshara, Olivia Petersen, Scott Tranter, Mark LeMunyon, Michael Julian, Jason and Yegi Rezaian, Mark McDevitt, Anne Sokolov, Randy Jones, Katie Dolan, Allison Cunningham, Brendan Kownacki and Jessica James Golden.
WHITE HOUSE ARRIVAL LOUNGE — Jerry Sheehan is now assistant director for scientific integrity and data access at the White House Office of Science and Technology Policy. He most recently was deputy director of the National Library of Medicine at the National Institutes of Health.
STAFFING UP — The White House announced several new nominations, including Bathsheba Nell Crocker as U.S. representative to the Office of the U.N. and Other International Organizations in Geneva, Claire Pierangelo as U.S. ambassador to Madagascar and the Comoros, Julia Gordon as Federal Housing Administration commissioner and Dave Uejio as assistant HUD secretary for fair housing and equal opportunity.
TRANSITIONS — Brian Kaveney is joining Allison+Partners as VP of global reputation risk and public affairs. He previously was comms director for former Rep. Ted Yoho (R-Fla.). … Kevin Gerson will be director of public affairs for SKDK. He currently is comms director for Rep. Dina Titus (D-Nev.).
HAPPY BIRTHDAY: Justice Sonia Sotomayor … CNN’s Betsy Klein … Alan McQuinn … Narrative Strategies’ Patrick O’Connor … Annika Christensen … John Randall of BCW Global … Abbie Sorrendino … Dan Spinelli of Mother Jones … Danielle Doheny … Matt Felling of Sen. Angus King’s (I-Maine) office … Bryan Bernys … FT’s Patrick Temple-West … Josh Lahey of Lot Sixteen … Tita Thompson Freeman … Dan Meyers of APCO Worldwide … Ryan Long … Trice Jacobson of the Charles Koch Institute … Taylor Haulsee … Bully Pulpit Interactive’s Scott Zumwalt … Keri Rice … Ned Monroe of the Vinyl Institute (6-0) … former Reps. Leonard Lance (R-N.J.) and Carolyn Cheeks Kilpatrick (D-Mich.) … Corbett Daly … Kamran Daravi … John Fisher of NBC News PR … Kathleen Shannon … POLITICO’s Hank Hoffman … Jackie Bradford
Send Playbookers tips to [email protected]. Playbook couldn’t happen without our editor Mike Zapler, deputy editor Zack Stanton and producers Allie Bice, Eli Okun and Garrett Ross.
ZAPORIZHZHIA, Ukraine (AP) — A long-awaited evacuation of civilians from a besieged steel plant in the Ukrainian city of Mariupol was under way Sunday, as U.S. House Speaker Nancy Pelosi revealed that she visited Ukraine’s president to show unflinching American support for the country’s defense against Russia’s invasion.
Video posted online by Ukrainian forces showed elderly women and mothers with small children bundled in winter clothing being helped as they climbed a steep pile of debris from the sprawling Azovstal steel plant’s rubble, and then eventually boarded a bus.
Ukrainian President Volodymyr Zelenskyy said more than 100 civilians, primarily women and children, were expected to arrive in the Ukrainian-controlled city of Zaporizhzhia on Monday.
“Today, for the first time in all the days of the war, this vitally needed (humanitarian) corridor has started working,” he said in a pre-recorded address published on his Telegram messaging app channel.
The Mariupol City Council said on Telegram that the evacuation of civilians from other parts of the city would begin Monday morning. People fleeing Russian-occupied areas in the past have described their vehicles being fired on, and Ukrainian officials have repeatedly accused Russian forces of shelling evacuation routes on which the two sides had agreed.
Later Sunday, one of the plant’s defenders said Russian forces resumed shelling the plant as soon as the evacuation of a group of civilians was completed.
Denys Shlega, the commander of the 12th Operational Brigade of Ukraine’s National Guard, said in a televised interview Sunday night that several hundred civilians remain trapped alongside nearly 500 wounded soldiers and “numerous” dead bodies.
“Several dozen small children are still in the bunkers underneath the plant,” Shlega said. “We need one or two more rounds of evacuation.”
Sviastoslav Palamar, deputy commander of the Azov Regiment, which is helping defend the steel plant, told The Associated Press in an interview from Mariupol on Sunday that it has been difficult even to reach some of the wounded inside the plant.
“There’s rubble. We have no special equipment. It`s hard for soldiers to pick up slabs weighing tons only with their arms,” he said. “We hear voices of people who are still alive” inside shattered buildings.
As many as 100,000 people may still be in blockaded Mariupol, including up to 1,000 civilians hunkered down with an estimated 2,000 Ukrainian fighters beneath the Soviet-era steel plant — the only part of the city not occupied by the Russians.
Mariupol, a port city on the Sea of Azov, is a key target because of its strategic location near the Crimea Peninsula, which Russia seized from Ukraine in 2014.
U.N. humanitarian spokesman Saviano Abreu said civilians who have been stranded for nearly two months at the plant would receive immediate humanitarian support, including psychological services, once they arrive in Zaporizhzhia, about 140 miles (230 kilometers) northwest of Mariupol.
Mariupol has seen some of the worst suffering. A maternity hospital was hit with a lethal Russian airstrike in the opening weeks of the war, and about 300 people were reported killed in the bombing of a theater where civilians were taking shelter.
A Doctors Without Borders team was at a reception center for displaced people in Zaporizhzhia, in preparation for the U.N. convoy’s arrival. Stress, exhaustion and low food supplies have likely weakened civilians trapped underground at the plant.
Ukrainian regiment Deputy Commander Sviatoslav Palamar, meanwhile, called for the evacuation of wounded Ukrainian fighters as well as civilians. “We don’t know why they are not taken away, and their evacuation to the territory controlled by Ukraine is not being discussed,” he said in a video posted Saturday on the regiment’s Telegram channel.
Video from inside the steel plant, shared with The Associated Press by two Ukrainian women who said their husbands were among the fighters refusing to surrender there, showed men with blood-stained bandages, open wounds or amputated limbs, including some that appeared gangrenous. The AP could not independently verify the location and date of the video, which the women said was taken last week.
Meanwhile, Pelosi and other U.S. lawmakers visited Kyiv on Saturday. She is the most senior American lawmaker to travel to the country since Russia’s Feb. 24 invasion. Her visit came just days after Russia launched rockets at the capital during a visit by U.N. Secretary-General António Guterres.
Rep. Jason Crow, a U.S. Army veteran and a member of the House intelligence and armed services committees, said he came to Ukraine with three areas of focus: “Weapons, weapons and weapons.”
In his nightly televised address Sunday, Zelenskyy said more than 350,000 people had been evacuated from combat zones thanks to humanitarian corridors pre-agreed with Moscow since the start of Russia’s invasion. “The organization of humanitarian corridors is one of the elements of the negotiation process (with Russia), which is ongoing,” he said.
Zelenskyy also accused Moscow of waging “a war of extermination,” saying Russian shelling had hit food, grain and fertilizer warehouses, and residential neighborhoods in the Kharkiv, Donbas and other regions.
“What could be Russia’s strategic success in this war? Honestly, I do not know. The ruined lives of people and the burned or stolen property will give nothing to Russia,” he said.
In Zaporizhzhia, residents ignored air raid sirens and warnings to shelter at home to visit cemeteries Sunday, when Ukrainians observe the Orthodox Christian day of the dead.
“If our dead could rise and see this, they would say, ‘It’s not possible, they’re worse than the Germans,’” Hennadiy Bondarenko, 61, said while marking the day with his family at a picnic table among the graves. “All our dead would join the fighting, including the Cossacks.”
Russian forces have embarked on a major military operation to seize significant parts of southern and eastern Ukraine following their failure to capture the capital, Kyiv.
Ukrainian intelligence officials accused Russian forces of seizing medical facilities to treat wounded Russian soldiers in several occupied towns, as well as “destroying medical infrastructure, taking away equipment, and leaving the population without medical care.”
Getting a full picture of the unfolding battle in eastern Ukraine is difficult because airstrikes and artillery barrages have made it extremely dangerous for reporters to move around. Also, both Ukraine and Moscow-backed rebels have introduced tight restrictions on reporting from the combat zone.
But Western military analysts have suggested the offensive was going much slower than planned. So far, Russian troops and separatists appeared to have made only minor gains in the month since Moscow said it would focus its military strength in the east.
Hundreds of millions of dollars in military assistance has flowed into Ukraine since the war began, but Russia’s vast armories mean Ukraine will continue to require huge amounts of support.
With plenty of firepower still in reserve, Russia’s offensive could intensify and overrun the Ukrainians. Overall the Russian army has an estimated 900,000 active-duty personnel, and a much larger air force and navy.
In Russia’s Kursk region, which borders Ukraine, an explosive device damaged a railway bridge Sunday, and a criminal investigation has been started, the region’s government reported in a post on Telegram.
Recent weeks have seen a number of fires and explosions in Russian regions near the border, including Kursk. An ammunition depot in the Belgorod region burned after explosions were heard, and authorities in the Voronezh region said an air defense system shot down a drone. An oil storage facility in Bryansk was engulfed by fire a week ago.
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Fisch reported from Sloviansk. Associated Press journalists Jon Gambrell and Yuras Karmanau in Lviv, Mstyslav Chernov in Kharkiv, and AP staff around the world contributed to this report.
SEOUL, South Korea (AP) — North Korean leader Kim Jong Un said Tuesday he hopes to extend his high-stakes nuclear summitry with President Donald Trump into 2019, but also warns Washington not to test North Koreans’ patience with sanctions and pressure.
During his televised New Year’s speech, Kim said he’s ready to meet with Trump at any time to produce an outcome “welcomed by the international community.” However, he said the North will be forced to take a different path if the United States “continues to break its promises and misjudges our patience by unilaterally demanding certain things and pushes ahead with sanctions and pressure.”
Kim also said the United States should continue to halt its joint military exercises with ally South Korea and not deploy strategic military assets to the South. He also made a nationalistic call urging for stronger inter-Korean cooperation and said the North is ready to resume operations at a jointly run factory park in the North Korean border town of Kaesong and restart South Korean tours to the North’s Diamond Mountain resort. Neither of those is possible for South Korea unless sanctions are removed.
Some analysts say North Korea has been trying to drive a wedge between Washington and Seoul while putting the larger burden of action on the United States. Pyongyang over the past months has accused Washington of failing to take corresponding measures following the North’s unilateral dismantlement of a nuclear testing ground and suspension of nuclear and long-range missile tests.
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Kim used his New Year’s speech a year ago to start a newfound diplomatic approach with Seoul and Washington, which led to three summits with South Korean President Moon Jae-in and a historic June summit with Trump in Singapore. Kim also met three times with Chinese President Xi Jinping, which boosted his leverage by reintroducing Beijing — Pyongyang’s main ally — as a major player in the diplomatic process to resolve the nuclear standoff.
But nuclear talks between Washington and Pyongyang have stalled in recent months as they struggle with the sequencing of North Korea’s disarmament and the removal of U.S.-led sanctions against the North.
The North has also bristled at U.S. demands to provide a detailed account of nuclear and missile facilities that would be inspected and dismantled under a potential deal.
The hardening stalemate has fueled doubts on whether Kim will ever voluntarily relinquish the nuclear weapons and missiles he may see as his strongest guarantee of survival. In his meetings with Trump and Moon, Kim signed vague statements calling for the “complete denuclearization” of the Korean Peninsula without describing when and how it would occur.
But North Korea for decades has been pushing a concept of denuclearization that bears no resemblance to the American definition, with Pyongyang vowing to pursue nuclear development until the United States removes its troops and the nuclear umbrella defending South Korea and Japan. The North used a blunt statement last month reiterated its traditional stance on denuclearization, saying it will never unilaterally give up its weapons unless Washington removes what Pyongyang describes as a nuclear threat.
Washington and Pyongyang have yet to reschedule a meeting between U.S. Secretary of State Mike Pompeo and senior North Korean officials after the North canceled it at the last minute in November. There are views that North Korea wants a quick second summit because it thinks it can win major concessions from Trump that they probably couldn’t from lower-level U.S. officials, who are more adamant about the North committing to inspections and verification.
In his closed-door interview last month, Mr. Sondland portrayed himself as a well-meaning and at times unwitting player who was trying to conduct American foreign policy with Ukraine with the full backing of the State Department while Mr. Giuliani, Mr. Trump’s lawyer, repeatedly inserted himself at the behest of the president.
But some Democrats painted him as a lackey of Mr. Trump’s who had been an agent of the shadow foreign policy on Ukraine, eager to go along with what the president wanted. Democrats contended Mr. Sondland, a wealthy hotelier from Oregon, had evaded crucial questions during his testimony, repeatedly claiming not to recall the events under scrutiny.
And other witnesses have pointed to him as a central player in the irregular channel of Ukraine policymaking being run by Mr. Trump and Mr. Giuliani, and the instigator of the quid pro quo strategy.
In the addendum, Mr. Sondland said he had “refreshed my recollection” after reading the testimony given byMr. Taylor and Timothy Morrison, the senior director for Europe and Russia at the National Security Council.
Mr. Trump has denied there was a quid pro quo involving the aid and Ukraine’s willingness to launch investigations he was seeking into the Bidens and other Democrats. Mr. Sondland’s clarification is significant because his earlier testimony left it unclear how he viewed the issue, even as three other officials told impeachment investigators under oath that the aid and the investigations were linked. Unlike the others, Mr. Sondland was a donor to Mr. Trump’s campaign and was seen as a personal ally of the president.
Mr. Morrison, the National Security Council official, testified last week that it was Mr. Sondland who first indicated in a conversation with him and Mr. Taylor on Sept. 1 that the release of the military aid for Ukraine might be contingent on the announcement of the investigations, and that he hoped “that Ambassador Sondland’s strategy was exclusively his own.”
The new testimony appeared in part to be an attempt by Mr. Sondland to argue that the quid pro quo was not his idea, and explain why he believed the aid and the investigations were linked. He said it “would have been natural for me to have voiced what I presumed” about what was standing in the way of releasing the military assistance.
Federal prosecutors said electric utility ComEd has agreed to pay $200 million to resolve a federal criminal investigation into a long-running bribery scheme that implicates Madigan. They say the company has admitted that from 2011 to 2019 it arranged for jobs and vendor subcontracts “for various associates of a high-level elected official for the state of Illinois.”
The U.S. Attorney’s Office identified the high-level elected official as “Public Official A” in a news release. A deferred prosecution agreement for ComEd filed in federal court states that “Public Official A” is the Illinois House speaker, but Madigan — a Chicago Democrat who is the longest-serving state House speaker in modern American history — is not mentioned by name.
“The speaker has a lot that he needs to answer for, to authorities, to investigators, and most importantly, to the people of Illinois,” Pritzker said during a stop in suburban Chicago. “If these allegations of wrongdoing by the speaker are true, there is no question that he will have betrayed the public trust and he must resign.”
U.S. Attorney John Lausch said at a news conference that the agreement with ComEd “speaks for itself.”
“It also speaks volumes about the nature of the very stubborn public corruption problem we have here in Illinois,” he said.
Lausch wouldn’t comment on the identity of Public Official A, saying his office doesn’t identify people if they have not been charged. But he said the investigation is “vibrant” and will continue, and he asked for people with information to contact the FBI.
Former federal prosecutor Phil Turner, now a Chicago defense attorney, said it’s likely the government has pursued Madigan for years and with the ComEd allegations, found “something really solid” to reach him.
“To put it bluntly, they’re coming for him,” Turner said. “They’ll have some people who are very credible. With bribes, there’s a money trail, good documentation, and witness testimony corroborated by documents can make the case extremely strong.”
In the news release, prosecutors said Public Official A controlled what measures were called for a vote in the Illinois House of Representatives and exerted substantial influence over lawmakers concerning legislation affecting ComEd.” During the time of the scheme, the Illinois Legislature considered legislation that affected the company’s profitability, including regulatory processes used to determine rates the state’s largest electric utility charged customers, they said.
The alleged bribery scheme was orchestrated “to influence and reward the official’s efforts to assist ComEd with respect to legislation concerning ComEd and its business,” prosecutors said. That included arranging jobs and vendor contracts for Madigan allies and workers, including for people from his political operation, who performed little or no work, appointing a person to the company’s board at Madigan’s request and giving internships to students from his Chicago ward.
In October, WBEZ reported that Anne Pramaggiore, CEO of ComEd parent company Exelon, had abruptly left her job as the company’s ties to a federal investigation seemed to be deepening. The Chicago Tribune reported in December that Madigan was the subject of inquiries in the corruption probe that had already entangled several top Illinois Democrats.
More than half a dozen Illinois Democrats — including some former Madigan confidants and allies — have been charged with crimes or had agents raid their offices and homes.
Madigan, 78, who came up under the political machine of the late Mayor Richard J. Daley and considered him a mentor, was elected to the House of Representatives in 1970. He took over as speaker in 1983 and has held the gavel for all but two years since, building a reputation for canny strategizing, patience and outwitting his political rivals. In 2017 he bested the 32 ½-year record held by a midcentury South Carolina Democrat to become the nation’s longest-serving state House speaker in U.S. history.
Madigan also controls four campaign funds and millions in contributions, allowing him to wield considerable power at the ballot box as well as the state Capitol. But Possley said he has done nothing improper.
“The Speaker has never helped someone find a job with the expectation that the person would not be asked to perform work by their employer, nor did he ever expect to provide anything to a prospective employer if it should choose to hire a person he recommended,” she said in the statement. “He has never made a legislative decision with improper motives and has engaged in no wrongdoing here. Any claim to the contrary is unfounded.”
The ComEd investigation, which charges the company with one count of bribery, is the latest public corruption probe in a state where four of the last 11 governors have been sent to prison and several state lawmakers and Chicago City Council members have faced charges, been convicted, or cooperated with law enforcement investigations.
“Even for a state with a history of corruption, this is unprecedented,” Illinois Republican Party Chairman Tim Schneider said.
Under the deferred prosecution agreement, which still must be approved by a judge, the government will defer prosecution on the charge for three years and then seek to dismiss it if the utility “abides by certain conditions, including continuing to cooperate with ongoing investigations of individuals or other entities related to the conduct described in the bribery charge.”
Lausch said that ComEd has provided “substantial” cooperation in the investigation. Under the terms of its agreement the company will continue to cooperate until all investigations and prosecutions are complete.
Exelon CEO Christopher Crane said the company “acted swiftly to investigate” when it learned of inappropriate conduct and concluded “a small number of senior ComEd employees and outside contractors” who no longer work for the company orchestrated the misconduct.
“We apologize for the past conduct that didn’t live up to our own values, and we will ensure this cannot happen again,” he said.
Police in the small town of Windsor, Virginia, found themselves in the national spotlight after being hit with a lawsuit from an Army officer, who is Black and Latino, after a traffic stop last December.
In body camera and cell phone video, Army Second Lieutenant Caron Nazario, still in his uniform, can be seen with his hands visible out of the window of his new car.
“I’ve not committed any crime,” Nazario said.
When two Windsor police officers, guns drawn, ordered him to get out, he said, “I’m honestly afraid to get out.”
“Yeah dude, you should be,” one officer responds.
In the video, Nazario repeatedly asks why he was pulled over, and one of the two officers pepper sprays and kicks him. He is then handcuffed while police search his car.
Nazario asks, “Why am I being treated like this? Why?”
“Because you’re not cooperating,” an officer responds.
Attorney Jonathan Arthur, who is representing Nazario in a lawsuit filed earlier this month against the two officers, said that he was afraid if he took his hands out of view, something bad would happen.
“To unbuckle his seatbelt, to do anything, any misstep — he was afraid that they were going to kill him,” Arthur said.
The incident report said that Nazario was initially pulled over for not having tags displayed on his SUV, but the temporary dealer plate is visible in the officer’s body-camera video.
Nazario was released without being charged.
“What prompted him to file is the need to stop this conduct,” Arthur said. “The need to hold these two officers accountable and make sure they cannot do it again.”
The Windsor Police Department did not respond to a CBS News request for comment.
Es un misterio de alto vuelo que tiene a muchos intrigados en Malasia.
Funcionarios del principal aeropuerto malasio, el de Kuala Lumpur, publicaron un anuncio en un periódico en el que se busca a los propietarios de tres jets Boeing 747 que –aseguran- han sido abandonados.
Se trata de aeronaves de pasajeros dos pisos.
El anuncio, que fue escrito en inglés y publicado en el diario local The Star, advierte: si los propietarios “no recogen los aviones en 14 días, nos reservamos el derecho a vender o, de otra manera, a deshacernos de las aeronaves”.
Las autoridades aeroportuarias dijeron que había costos de aterrizaje y estacionamiento que deben ser cancelados.
Uno de los funcionarios afirmó que ha intentado contactar a los últimos propietarios de las aeronaves de los cuales se tiene conocimiento.
“No sé por qué no están respondiendo. Podría haber muchas razones. Algunas veces se debe a que no hay más dinero para continuar con las operaciones“, le dijo a la agencia de noticias AFP Zainol Mohd Isa, gerente general de Malaysia Airports Holdings Bhd, el consrocio que maneja el aeropuerto.
En declaraciones ofrecidas a la agencia de noticias Bloomberg, Mohd Isa dijo que al no recibir respuesta “se está siguiendo el procedimiento para legalizar las acciones que quieren emprender”.
“Queremos despejar el área, deseamos utilizar nuestro estacionamiento”.
Costos
El funcionario añadió que en la década pasada hubo aviones, en su mayoría pequeños, que habían sido abandonados.
Uno de ellos, fue dejado en la década de los años 90 y eventualmente fue comprado y transformado en un restaurante en un suburbio de Kuala Lumpur, la capital de Malasia.
El anuncio en el periódico da los números de registro de las aeronaves: TF-ARM, TF-ARN, y TF-ARH.
Los funcionarios señalaron que si los pagos no son recibidos para el 21 de diciembre, los aviones serán subastados o vendidos como chatarra para recuperar los costos.
Aeropuertos de Malasia dijo en un comunicado que el propietario era una empresa internacional que dejó de operar.
“La notificación en la forma de un anuncio es un paso común y razonable en el proceso de recuperar la deuda, especialmente en casos donde la compañía involucrada ha cesado sus operaciones y es una entidad extranjera”, añadió.
Expertos en aviación apuntaron que dos de los aparatos abandonados fueron alquilados por la división de carga de Malaysia Airlines, MasKargo, a la aerolínea Air Atlanta Icelandic.
Pero ambas aerolíneas le aclararon a la prensa malasia que ya no son dueños de los jets ni los rentan, lo cual ha intensificado el misterio.
Esta controversia se produce en un muy mal momento para la aviación comercial de Malasia.
En marzo de 2014, el aeropuerto internacional malasio fue el centro de la atención mundial cuando se dio a conocer que el vuelo MH370 de Malaysia Airlines, que había salido de allí, desapareció con 239 personas a bordo.
Restos de este Boeing 777 fueron hallados recientemente en una playa de la isla de La Reunión, en el Pacífico.
Democrats have figured out that if they make it as easy as possible for illegal immigrants, that is, potential future Democratic voters, to spread all over the country, it’s nearly impossible to get them out. And if anyone tries to get them out, they can count on the national media to hyperventilate about “the children.”
A front-page story in the Washington Post on Friday about the ICE raids in Mississippi earlier this week said that the operation had “led to images of weeping children arriving home to find their parents missing.” (Note the use of the phrase “led to,” as though it were a random occurrence rather than a deliberate editorial decision by a news organization to broadcast the faces of weeping kids.)
The Post story said that the raids “again exposed what state and local officials say is a major shortcoming in ICE procedures for dealing with children.”
A video clip of an elementary school-aged girl pleading for the release of her illegal immigrant father went viral on Twitter and ABC News featured it on Wednesday’s broadcast of World News Tonight.
True, the surprise raids did end up with the arrest of close to 700 illegal immigrants residing in Mississippi. Children who had been at school came home in some cases to find one or both of their parents gone, taken in to ICE custody.
After the raids, ICE said that about half of the detainees were set free, with priority given to those who had children at home needing care. That would include illegal immigrants who had already received deportation orders but, because ofthe children, were let go and simply given notice to appear back before a court. (If they didn’t show up the first time, let’s hope they will the second or third time!)
Employers are illegally hiring, and at this point, surprise raids are virtually the only way to enforce what’s left of our immigration laws. Everyone below Texas knows that they’re allowed to waltz right in so long as they claim asylum and come with children. They know the immigration court is backlogged by about 1 million cases right now, so they’ll have to be turned loose inside the U.S. for up to five years waiting for a hearing. And they know that Democrats will breathe fire on anyone who tries to deport them once they’re inside the U.S.
Last month, when President Trump announced that there would be countrywide ICE raids to deport “millions” of illegal immigrants, Democrats in Congress and in sanctuary cities immediately flooded the Internet with notice that if they didn’t answer the doors to federal agents, they couldn’t be taken in to custody.
Democrats have likewise resisted making changes to the asylum system. They won’t contribute any money to building more barrier “walls” on the southern border. They oppose prosecuting illegal border crossers. And they’ve made up a bunch of lies about the migrant detention centers functioning as “concentration camps.”
There are no options left but for ICE agents to show up unannounced at workplaces and courthouses and the like to drag illegal immigrants out of the country — or, at least, to drag them to an federal facility and then release half of them because the children are waiting at home.
Surprise raids aren’t pretty, but they wouldn’t be necessary if not for Democrats’ efforts to block all other enforcement. They have forced them on the children.
WASHINGTON (AP) — The Biden administration on Monday renewed efforts to shield hundreds of thousands of immigrants who came to the United States as young children from deportation, the latest maneuver in a long-running drama over the policy’s legality.
The administration proposed a rule that attempts to satisfy concerns of a federal judge in Houston who ruled in July that the Deferred Action for Childhood Arrivals program was illegal, largely because the Obama administration bypassed procedural requirements when it took effect in 2012. The new rule mirrors the Obama-era initiative, recreating the 2012 policy and seeking to put it on firmer ground by going through the federal regulatory process.
U.S. District Judge Andrew Hanen, an appointee of President George W. Bush, said the Obama administration overstepped its authority and did not properly seek public feedback. He allowed for renewals to continue but prohibited new enrollments. The Biden administration is appealing.
The 205-page proposal solicits public feedback to address Hanen’s concern, though it is unclear if that would be enough. The proposed regulation will be published Tuesday in the Federal Register, triggering a 60-day comment period and ensuring that it is unlikely to take effect for several months.
The office of Texas Attorney General Ken Paxton, who challenged DACA with eight other states before Hanen, did not immediately respond to a request for comment.
The Obama administration created DACA with a memo issued by then-Homeland Security Secretary Janet Napolitano. It was intended as a stopgap measure until Congress legislated a permanent solution, which never occurred.
And because DACA isn’t the product of legislation, it falls into a category of policies that can more easily be changed from one administration to the next. President Donald Trump tried to rescind the DACA memo and end the program, but the Supreme Court concluded he did not go about it properly.
In attempting to shore up DACA through a formal rule — which is a more rigorous process than the original memo, though still not legislation — the Biden administration hopes to gain a legal stamp of approval from the courts.
It seems possible, if not likely, that the Supreme Court will once again be called upon to weigh in, unless Congress acts first.
The Biden administration’s move comes as congressional Democrats struggle to include immigration provisions in their 10-year, $3.5 trillion package of social and environment initiatives. Language in that bill helping millions of immigrants remain permanently in the U.S. has been a top goal of progressive and pro-immigration lawmakers, and Democrats cannot afford to lose many votes.
But the Senate’s nonpartisan parliamentarian said earlier this month the immigration provisions couldn’t remain in the sweeping bill because it violated the chamber’s budget rules.
Homeland Security Secretary Alejandro Mayorkas called again on Monday for Congress to act swiftly to provide “the legal status they need and deserve.”
“The Biden-Harris Administration continues to take action to protect Dreamers and recognize their contributions to this country,” said Mayorkas, using a commonly used term for immigrants who came to the U.S. with their parents as young children. “This notice of proposed rulemaking is an important step to achieve that goal.”
Some pro-immigration advocates echoed Mayorkas’ view that the onus is on Congress.
“A more formalized version of DACA will stabilize the lives of DACA-eligible Dreamers but legislative action is still needed to fully solidify DACA recipients’ contributions, expand protections to other Dreamers and build a pathway to permanent legal status,” said Ali Noorani, president of the National Immigration Forum. “Formalizing DACA is a positive step, but it’s not a permanent fix.”
The Democratic-run House passed legislation earlier this year creating a way for Dreamers to become legal permanent residents, but the bill has gone nowhere in the Senate, where Republicans have blocked it and bipartisan talks have stalled. The Senate parliamentarian’s ruling further dampened legislative prospects. Advocates have said they would present alternative immigration provisions in hopes they would be permitted in the bill, but it’s not clear that would succeed.
Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, said the administration’s proposal carries no major changes and “is an effort to bulletproof the existing program from litigation challenges.”
The proposal adheres to the same criteria, which include arriving in the country before age 16, continuously residing in the United States since arrival and being in the country on June 15, 2012.
Since 2012, more than 825,000 immigrants have enrolled in DACA.
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Spagat contributed from San Diego. Associated Press reporters Alan Fram in Washington and Paul Weber in Austin, Texas, contributed.
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