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The latest on the Senate’s Pentagon impasse over abortion

Presented by PBM Accountability Project: A play-by-play preview of the day’s congressional news
Jul 19, 2023 View in browser
 
POLITICO Huddle

By Daniella Diaz and Anthony Adragna

Presented by

PBM Accountability Project

With assists from the rest of the POLITICO Congress team

Tommy Tuberville pictured through narrow opening as person holds cellphone up to him.

Sen. Tommy Tuberville sounded newly amenable to a solution on his military nominations hold: “We’re going to work this out. There's got to be some give and take here.” | Francis Chung/POLITICO

TUBERVILLE WARMING UP IN PENTAGON HOLD TALKS 

The Senate is scrambling to pass its Pentagon policy bill before August, but there’s another mission afoot: Defusing Sen. Tommy Tuberville’s (R-Ala.) hold on dozens of military promotions. It's not a breakthrough yet but on Tuesday night Tuberville sounded surprisingly receptive to the ongoing talks with the Biden administration.

‘We’re going to work this out’: Tuberville said he spoke with Defense Secretary Lloyd Austin on Tuesday, the latest in a series of conversations regarding his hold – a protest of the Pentagon’s policy to give paid leave to service members seeking an abortion.

“I’ve got no timetable. They could nix it today if they wanted to and just go back to the regular policy, and then we could work this out,” Tuberville said. At the suggestion that he could also just release his holds, he blanched: “I'm not the one breaking the law.”

Still, Tuberville sounded newly amenable to a solution: “We’re going to work this out. There's got to be some give and take here.”

The latest: The Pentagon will brief the Senate Armed Services Committee on Wednesday regarding the abortion policy.

What would a solution look like? Senate Republicans are already plotting a push to vote on blocking the abortion policy during debate on the Pentagon bill that’s now on the floor — similar to what's already passed the House.

Tuberville said he doesn’t “want to hold up” the Pentagon bill over his abortion concerns, but he didn’t rule out the possibility that an amendment vote would move things along. The House-passed language blocking the policy is “pretty strong,” he said.

The politics of that option: If Democrats seek to satisfy Tuberville with a simple-majority Senate vote on blocking the abortion policy — which is hardly a given — they would likely be able to defeat it with full attendance. But it could be a close one. And Tuberville's been reluctant to take a failed vote as any sign of progress, according to a person familiar with the negotiations.

– Burgess Everett

 

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GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, July 19, where we hope you weren’t this intern on Tuesday.

NEWS: BUCK TO LEAD WAR POWERS TALKS

House Foreign Affairs Committee Chair Michael McCaul (R-Texas) is tapping Rep. Ken Buck as the lead negotiator as Republicans try to find a path to repealing and replacing multiple U.S. war powers authorizations that remain on the books.

Buck (R-Colo.) confirmed that he’s tackling the House strategy for as many as four decades-old authorizations for the use of military force. That job won’t be easy, for three big reasons:

  • Deal chatter: Rep. Chip Roy (R-Texas), a frequent antagonist of GOP leaders, and others say they’ve been promised “clean” votes on repealing the 2002 Iraq War authorization, the 1991 Gulf War authorization and a war powers resolution still on the books from the ‘50s. Speaker Kevin McCarthy has denied making any specific commitments on votes and insisted that a bill will come out of the Foreign Affairs Committee, which is where Buck comes in.
  • The Senate: The upper chamber already took its turn on war powers back in March, repealing the 2002 and 1991 authorizations on a bipartisan basis. Even if Buck can lead House Republicans to a consensus, there’s no guarantee the Democratic Senate will go along.
  • ‘Replacing’ the war powers: The “tricky thing,” as Buck put it, will be capitalizing on bipartisan support for repeal with replacements for the war powers that lawmakers want to revisit, including a 2001 “war on terror” authorization that is still in use. He’s already floating a delayed repeal that’s designed to force Congress and the Biden administration to agree on a replacement before authorizations actually expire.

McCaul is also talking with New York Rep. Gregory Meeks (D-N.Y.), the Foreign Affairs panel’s top Democrat, about trying to get Buck an across-the-aisle counterpart.
— Jordain Carney

 

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HOUSE OVERSIGHT’S HUNTER BIDEN WHISTLEBLOWER MOMENT

Today’s biggest political moment may not even happen on either chamber’s floor but in the House Oversight Committee, where Republicans are set to fill in part of their impeachment puzzle.

Gary Shapley, an IRS whistleblower at the center of allegations that the Justice Department hampered a Trump-appointed U.S. attorney’s probe of First Son Hunter Biden, will testify for the first time publicly when he appears before the Oversight Committee. Shapley, whose allegations have stoked GOP interest in an impeachment inquiry into Attorney General Merrick Garland, will be joined by “Whistleblower X,” whose identity won’t be revealed until the start of the hearing.

Read their opening statements, obtained by POLITICO, here and here.

What the GOP will do: Oversight Chair James Comer (R-Ky.) — who called his witnesses the “A-Team” — said Republicans will focus on “specific questions” about areas where they believe laws have been violated, including money laundering, tax violations including the use of “shell companies.”

What Dems will do: President Joe Biden’s party will get its first chance to publicly question Shapley and its highest-profile opportunity so far to try to poke holes in the whistleblower’s allegations. They’ll likely focus on where U.S. Attorney David Weiss has knocked down Shapley’s allegations, including Weiss’ claim that he never sought special counsel status. You can read an excerpt of Comer’s opening statement here.

And expect Dems to point back to closed-door testimony from a former FBI official who, according to Rep. Jamie Raskin (D-Md.), told Oversight panel staff that he “did not suspect any political purpose or improper motivation” for the FBI’s notification of the Secret Service before an ultimately scuttled Hunter Biden interview.

Rep. Jamie Raskin (D-Md.), in his opening statement, will characterize the whistleblower testimony as focused on “confusion and misunderstandings” that “embittered” the IRS employees toward Weiss. You can read an excerpt from Raskin’s opening statement here.

On the margins: House Judiciary Committee Chair Jim Jordan (R-Ohio) told POLITICO that he is actively negotiating with DOJ over Weiss testimony, though that’s unlikely to happen before Hunter Biden appears in court next week on his federal plea deal.

– Jordain Carney

 

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EXCLUSIVE: MONDAIRE JONES’ BIG LEAD

Former Rep. Mondaire Jones' (D-N.Y.) comeback bid appears to be off to a strong start. An internal survey from mid-July found Jones leading his top prima ry opponent, Liz Whitmer Gereghty, by 43 percent to 8 percent with 49 percent undecided, according to a memo obtained by POLITICO.

That’s on top of Jones’ early fundraising strength. Gereghty, the sister of Michigan Gov. Gretchen Whitmer, announced her run for the seat in May and reported raising nearly $409,000 by the end of last month. Jones has raised nearly half a million dollars since he launched – just two weeks ago.

The backstory: Jones launched a run in July for his old district in the lower Hudson Valley — a seat he was pushed out of after a prolonged redistricting drama. Rep. Mike Lawler (R-N.Y.) captured it last November, and he now sits atop Democrats' 2024 target list.

The primary preview: Expect Jones to try to weaponize Gereghty's Michigan roots as they square off for the Dem nomination. While she has lived in New York for two decades and has deep ties there, her campaign finance report shows she continues to tap into a Midwestern donor base. Her donors include several notable Michigan names, including her sister.

– Ally Mutnick

 

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LIGHTNING ROUND: MORE YOU NEED TO KNOW

Santos censure: At least 6 House Republicans told Olivia they support an upcoming Democratic bid to censure GOP Rep. George Santos – which is enough GOP votes to rebuke the indicted New Yorker if Democrats keep their s ide all present and together.

Herzog’s Hill address: Israeli President Isaac Herzog will address Congress on Wednesday, just a day after the House passed a measure that reaffirms the chamber’s support of his nation. The House overwhelmingly passed the measure on Israel with just 9 Democrats voting no and one voting present. Rep. PramilaJayapal voted yes. The drama surrounding the vote served as a test for Jeffries, who otherwise has seen little internal turmoil in the party – and happened Tuesday with little to no fireworks.

U.S. soldier in North Korea: Reps. Mike Rogers (R-Ala.) and Adam Smith (D-Wash.), the top two lawmakers on the House Armed Services Committee, are getting updates on the U.S. service member who on Tuesday crossed the border from South Korea into North Korea. Rogers told Huddle he’s seeking additional information before making a statement, while Smith is in touch with the Pentagon too, an aide said Tuesday.

HUDDLE HOTDISH

Spike in ‘swatting’: The House Sergeant at Arms has warned congressional offices of a recent rise in “swatting,” a form of harassment where a person calls 911 with a false report to trigger a law enforcement response.

“The FBI strongly encourages all senior government officials to remain cognizant of these threats,” reads the SAA email obtained by Huddle, which comes amid a surge in threats against government officials. (One high-profile recent target of “swatting”: GOP Rep. Marjorie Taylor Greene.)

 

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QUICK LINKS 

Boebert, other vulnerable GOP get cash boost from McCarthy ahead of election battles, from WFIN

The battle for the House is currently dominated by GOP fundraising, from Ally Mutnick, Sarah Ferris and Brittany Gibson

Joe Manchin's campaign said it fired sole employee who called to 'hang' Trump, but filings suggest otherwise, from Joe Schoffstall at Fox News

TODAY IN CONGRESS

The House convenes at 9 a.m. for legislative business and will recess immediately. The House will reconvene at approximately 11 a.m. for the purpose of receiving, in a Joint Meeting, Israeli President Isaac Herzog. First and last votes are expected today at 9 p.m.

The Senate convenes at 9:45 am and Roll call votes are expected during Wednesday’s session.

AROUND THE HILL

12:30 p.m. House Republican Conference Chair Elise Stefanik will host a press conference to commemorate the 75th anniversary of Israel's statehood following the Joint Meeting address by Israeli President Isaac Herzog. (HVC-200)

3:00 p.m. Western Governors University and Gallup hold a bipartisan panel on innovation in education and work with Sens. Mitt Romney (R-Utah) and John Hickenlooper (D-Colo.). (Capitol Visitor Center — Congressional Auditorium)

4 p.m. Sen. Lindsey Graham (R-S.C.) will host a press conference with GOP members on Supreme Court integrity. (SRTVG Studio)

TRIVIA

TUESDAY’S WINNER: Wilson Golden correctly said that Sen. Daniel Patrick Moynihan (D-N.Y.) penned the “Guiding Principles of Federal Architecture” that are still used today by the federal government, Moynihan's principles were included in a 1962 Report to the President by the Ad Hoc Committee on Federal Office Space.

TODAY’S QUESTION from Wilson: The daughter of which president was both married and had a child in the White House?

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

GET HUDDLE emailed to your phone each morning.

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

 

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