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What’s next for criminal justice reform?

Presented by Sallie Mae®: A play-by-play preview of the day's congressional news
Apr 14, 2022 View in browser
 
POLITICO Huddle

By Anthony Adragna

Presented by Sallie Mae®

With help from Nicholas Wu

A SECOND STEP ACT? One of the biggest takeaways from Justice-in-waiting Ketanji Brown Jackson's confirmation process: Scoring another victory on criminal justice reform — a rare bipartisan breakthrough during the Trump era — won't be so easy.

Illinois Sen. Dick Durbin and Iowa Sen. Chuck Grassley, the top Democrat and Republican on the Senate Judiciary Committee, are still talking in hopes of notching what they want to dub the Second Step Act, following after its 2018 prison and sentencing reform predecessor. But the renewed focus on rising crime rates — a focus during Jackson's confirmation hearings — has "dampened the interest" in a second bill, Grassley told Marianne in a piece out this morning. Republicans see crime as a key midterm issue to push.

Vibe check: From Durbin, who knows his way around negotiating on thorny issues: Criminal justice reform "may be just as challenging as immigration," an area notoriously lacking in bipartisan compromise.

Where there may be hope: Advocates think a standalone measure addressing a long-standing federal sentencing disparity between crack and powder cocaine offenses could have legs on Capitol Hill. There's support from at least 11 Senate Republicans — the Congressional Black Caucus has urged its swift consideration — but concerns do remain about whether it could survive an unpredictable Senate amendment process.

Worth watching: Sen. Tom Cotton (R-Ark.), considered a possible 2024 presidential contender, has called the original criminal justice reform bill the "worst mistake" of the Trump presidency and dubbed the Republican senators who voted for it "wrong." Many of the other possible 2024 wannabes voted for it, but it'll be interesting if they maintain that stance given the current climate on crime.

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, April 14. I'm Anthony Adragna, taking a break from Congress Minutes, to still throw up his arms over the decision to pull Los Angeles Dodgers pitcher Clayton Kershaw as he was in the middle of a perfect game. What a horrible call. We'll have to see what Sen. Dick Durbin (D-Ill.) thought of it.

A CALIFORNIA BOMBSHELL — Colleagues are concerned Sen. Dianne Feinstein (D-Calif.), 88, is no longer mentally fit to serve as her memory is rapidly deteriorating, Tal Kopan and Joe Garofoli report this morning in The San Francisco Chronicle. "Four U.S. senators, including three Democrats, as well as three former Feinstein staffers and the California Democratic member of Congress told The Chronicle in recent interviews that her memory is rapidly deteriorating," they write.

One lawmaker who spoke with the paper said they had to reintroduce themselves to Feinstein, 88, multiple times during a multi-hour conversation and mulled whether some sort of intervention could persuade her to retire. That full piece is here.

MORE DOCS FOR 1/6 COMMITTEE — Another batch of Trump White House documents is set to go to the Jan. 6 committee after President Joe Biden declined to assert executive privilege over them, Archivist of the United States David Ferriero informed the former president in a letter the Archives released Wednesday. This round of documents is set to be delivered to the committee on April 28, Ferriero wrote. It's part of the panel's ongoing efforts to get Trump White House records related to its investigation after the Supreme Court rejected his efforts to shield them.

It appears the committee won't get everything from their initial request, though. Ferriero's letter said the panel had reached an "accommodation" with the White House to defer its request for some documents — and to prioritize the request for others. The panel has previously postponed its request for some documents, including some related to the National Security Council. The Biden administration has made clear that while it rejected Trump's attempt to assert privilege over all the documents, it would still review each tranche of documents on a case-by-case basis.

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DESANTIS MAP DROPS — Florida Gov. Ron DeSantis (R-Fla.) released an aggressive gerrymander on Wednesday that would leave his party poised to potentially net four seats in the state — or 20 of the 28 seats. Sure to spark a flurry of legal challenges, the proposed map could give Republicans control of over 71 percent of the state's congressional delegation, though former President Donald Trump won the state over Joe Biden by less than four percentage points.

Most at risk: The district of Rep. Al Lawson (D-Fla.) would be demolished, while the seats of Reps. Charlie Crist (D-Fla.), Stephanie Murphy (D-Fla.) and Val Demings (D-Fla.) would grow more GOP friendly. Crist and Demings are seeking statewide office, while Murphy is retiring. More here.

CLAIMING VINDICATION — An attorney for Rep. Henry Cuellar (D-Texas) told Fox News the south Texas congressman is not the target of a Justice Department investigation that led to his home and office being raided this past January. "Over the last several weeks, the Justice Department, in a conversation I had with the prosecutor, let me know that Congressman Cuellar is not a target of this investigation," the attorney, Joshua Berman, said.

If you'll recall, Cuellar is locked in a competitive primary battle with progressive Jessica Cisneros ahead of the May 24 runoff. Our Sarah Ferris reported from the Laredo, Texas, in February on how the allegations were playing in this much-watched primary.

 

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TEXAS MIGRANTS ARRIVE IN D.C. — In a choreographed-for-TV moment, a first busload of migrants from Colombia, Cuba, Venezuela, and Nicaragua sent to Washington by Texas Gov. Greg Abbott arrived on Wednesday at the building — located between the Capitol and Union Station — that just so happens to house Fox News, C-Span and other media entities. Abbott indicated a second busload is heading to the nation's capital, as the Fox News cameras rolled live to document their arrival. CNN spoke with some of the arriving migrants.

ENDORSEMENT WATCH — Former President Donald Trump announced an April 23 rally in Delaware, Ohio. That'll be just days before the May 3 hotly-contested Republican primary in that state. Trump has yet to endorse in that contest.

REPORT FROM DOWN UNDER — Sens. Lindsey Graham (R-S.C.), Robert Menendez (D-N.J.), Richard Burr (R-N.C.), Rob Portman (R-Ohio), Ben Sasse (R-Neb.) and Rep. Ronny Jackson (R-Texas) released a joint statement after meeting in Australia with officials from that nation's two main political parties touching on China, Ukraine and the Australia-U.K.-U.S. partnership.

In particular, they said they "share Australia's concern regarding Beijing's aggressive efforts to expand its influence" and "express our deep appreciation for Australia's provision of significant security assistance, including armored vehicles and anti-tank missiles, to Ukraine's courageous defenders."

 

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HUDDLE HOTDISH

'BADGE OF HONOR': That seemed to be the most frequent phrase used by members of Congress after Russia sanctioned 398 of them on Wednesday, as our beloved Minutes readers learned from Nancy Vu and your host. But the reactions kept rolling in. "Russian warship, go F&@k yourself! I am going to frame this sanction and hang it above my desk," Rep. Elaine Luria (D-Va.) tweeted in the most colorful of the bunch.

Rep. Elise Stefanik (R-N.Y.) called the sanctions a "badge of honor" and said the "performative sanctions against me will not stop me from holding Russia accountable and speaking the truth about Russia's genoicde against the Ukrainian people." And Rep. Jim Himes (D-Conn.) added: "I would like to thank the Russian Ministry of Foreign Affairs for recognizing the work I have done on behalf of democracy, human rights and basic human decency. It's truly an honor to be included on your sanctions list."

COMING TO A HALL NEAR YOU — President Joe Biden on Wednesday signed into law a bill that will bring statues of Justices Sandra Day O'Connor and Ruth Bader Ginsburg, the first two women in history to serve on the nation's highest court, to Capitol Hill. The bipartisan measure cleared Congress in late March — albeit with some House GOP dissent.

QUICK LINKS 

Herschel Walker Claims to Own Companies That Don't Exist, from Roger Sollenberger at The Daily Beast

Trumpworld scrambles to contain Oz endorsement fallout, from Meridith McGraw and Holly Otterbein at POLITICO

Angus King could again hold the key to Joe Biden's ATF pick, from Jessica Piper at the Bangor Daily News

Congressman Young's wife endorses Revak. It's who her husband wanted, she says, from Liz Ruskin at Alaska Public Media

California Dem candidate appears to mock Rep. Steel's accent: 'You kind of need an interpreter,' from Houston Keene and Cameron Cawthorne at Fox News

TRANSITIONS 

Erika Gulija is taking over as the new communications director for Rep. Joe Neguse (D-Colo.).

TODAY IN CONGRESS

The House and Senate are out.

AROUND THE HILL

Pro forma sessions. The Senate gavels in at 11 a.m. and the House then follows suit at 1 p.m.

TRIVIA

WEDNESDAY'S WINNER: Dan Cohen correctly answered that Thomas Jefferson designed the University of Virginia's iconic rotunda, which was named a national landmark in 1966.

TODAY'S QUESTION FROM DAN: What unique Congressional honor was bestowed upon Mother Teresa and Marie Joseph Paul Yves Roche Gilbert du Motier, an honor also given to Winston Churchill, Raoul Wallenberg, William and Hannah Penn, Casimir Pulaski and Bernardo de Galvez?

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 Anthony on Twitter @AnthonyAdragna

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