Inside the Black Caucus’ Biden split

An evening recap of the action on Capitol Hill and preview of the day ahead

Jul 11, 2024 View in browser   By Nicholas Wu, Daniella Diaz and Sarah Ferris With assists from POLITICO’s Congress team The dimensions of the CBC’s internal divisions are more complex than simply pitting the “old guard” against a new generation. | Kent Nishimura/AFP via Getty Images DISTRICT LINES, NOT GENERATIONAL LINES When it comes to President Joe Biden and Black and brown lawmakers on Capitol Hill, we’ll borrow Rep. Jim Clyburn’s phrasing: They were always ridin’ with Biden. The past two weeks have shown, however, that their devotion is not absolute. The bitter divisions that have played out in public over whether Biden should continue as Democratic presidential nominee are also playing out among Black Democrats. While the Congressional Black Caucus is a clear locus of Biden support among House Democrats and remains the only group of lawmakers that the president has personally spoken to since his shaky debate, it has not given him an institutional endorsement beyond statements from its leaders. The caucus has taken no vote and drafted no joint statement backing the president. The dimensions of the CBC’s internal divisions (as well as the Congressional Hispanic Caucus, to some degree) are more complex than simply pitting the “old guard” against a new generation. Rather, the most conspicuous split has to do with the districts that its members represent. Some of Biden’s loudest supporters come from members representing Black-plurality districts — such as Reps. Shontel Brown of Ohio, Frederica Wilson of Florida and Bobby Scott of Virginia. The vast majority of the CBC used to hail from those types of districts. But as its ranks have grown — especially after the “blue wave” of 2018 — that’s no longer the norm. There are far more members in majority-white districts (such as Reps. Lauren Underwood of Illinois, Jahana Hayes of Connecticut and Marilyn Strickland of Washington) or majority-Latino districts (Reps. Ritchie Torres of New York and Marc Veasey of Texas). And it’s no secret that Biden’s support with both white and Latino voters has plummeted. As several Democrats have privately noted, this has put CBC Chair Steven Horsford in a tough place. Horsford has steadfastly insisted that he backs Biden and that Biden can defeat Trump. But several sources have noted to us that his seat — while not among the most vulnerable this November — isn’t completely safe. They point out his vocal support for the president could be a risky play. Split Squad: Just as the split over Biden isn’t generational, it hasn’t been particularly ideological, either: Members of the progressive “Squad” are among Biden’s strongest defenders and his biggest skeptics. Rep. Alexandria Ocasio-Cortez (D-N.Y.), who’s also a member of the CHC, reiterated Thursday that progressives with concerns about Biden should put those aside “in a popular front strategy in order to defeat the fascist threat that is Donald Trump.” But Rep. Cori Bush (D-Mo.), a CBC member who’s facing a tough primary next month, said Biden’s candidacy was “not a matter I’m digging into right now” even as she added that “100 percent of the outreach we've had to our office has been, ‘Please ask the president to step down.’” The swing (district) set: Although the vast majority of Black and Hispanic Caucus members hail from safe congressional districts, some of their members from purple districts aren’t as eager to talk about the president. (Again, one exception is Horsford, the CBC chair.) Rep. Don Davis (D-N.C.), one of the most endangered Democratic incumbents, did not respond to questions about Biden Thursday, though he’d previously called the debate “disastrous.” And Rep. Emilia Sykes (D-Ohio), also from a competitive district, didn’t respond to questions, either. Rep. Andrea Salinas (D-Ore.), a CHC member from a purplish district, declined to give a full endorsement of Biden’s candidacy: “I just hope that the president does what's best for the country.” Expect more chatter: Members of the Congressional Black Caucus’ fundraising arm head to New York City this weekend for their annual political event, where it’s inevitable that Black lawmakers will discuss the elephant in the room. — Nicholas Wu, Daniella Diaz and Sarah Ferris, with an assist from Anthony Adragna   Understand 2024’s big impacts with Pro’s extensive Campaign Races Dashboard, exclusive insights, and key coverage of federal- and state-level debates. Focus on policy. Learn more.     GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Thursday, July 11, where we have absolutely no opinions on Tony P. JUDGMENT DAY FOR MENENDEZ Biden isn’t the only pain point for Senate Democrats right now. The bribery trial of Sen. Bob Menendez (D-N.J.) has moved into its final phases, and we could see a verdict in the coming days. While more than half of Senate Democrats have called on Menendez to resign, a number have opined that he is innocent until proven guilty. Senate Majority Leader Chuck Schumer is among those who’ve declined to call on the senator to step down. If Menendez is indeed proven guilty, there’s not a lot of room left for Democrats to explain away their tepid defense of their New Jersey colleague. Sen. Tim Kaine (D-Va.), who has yet to call on Menendez to resign, said a guilty verdict could prove “fatal to [Menendez’s] ability to serve.” “I have not called him to resign because I don't do that,” Kaine added. “I think if somebody is charged with a crime, they are entitled to make their case. But the charges are of a magnitude that, if true, I don't think he could continue to serve in the Senate.” There are actually a handful of Senate Democratic Caucus rules that would apply to Menendez if he becomes a convicted felon. Any member who is in a conference leadership position or holds a committee chair or ranking membership “shall be removed from such position permanently” (though there are caveats if the felony is ultimately dismissed). There is nothing in the Senate rules about access to classified briefings for convicted felons. Sen. John Fetterman (D-Penn.) has a bill that would strip Menendez and senators charged with similar crimes of their committee assignments and access to classified information. But it has not seen movement on the floor. On the other hand … If Menendez is acquitted, it would prompt a curious situation. Many of the senator’s bridges with fellow Democrats are already burned. Rep. Andy Kim (D-N.J.) has secured the Democratic nomination for Menendez’ seat. The senator is running as an independent but is polling in the single digits. “It really doesn't change,” Fetterman, Menendez’s chief Senate antagonist, told us. “He's not going to be around one way or the other.” — Ursula Perano JUDICIAL NOMINATION FLOPS IN COMMITTEE Sen. Jon Ossoff (D-Ga.) broke with fellow Democrats to block Biden’s judicial nomination of Sarah Netburn to the Southern District of New York during a Thursday Senate Judiciary Committee meeting. Netburn’s nomination was rejected 10-11 and will not move to the Senate floor. Ossoff’s vote was a rare instance of a Democrat breaking ranks on a judgeship as the Senate and Biden administration chase the record for confirmed judges set under President Donald Trump. “Senator Ossoff thoroughly evaluates each nominee who comes before the Judiciary Committee and will continue to apply rigorous and independent judgment on behalf of his constituents,” a spokesperson for the senator said in a statement about his vote. Netburn’s nomination faced dogged criticism from Republican senators since her May hearing, which degenerated into a chaotic shouting match amid GOP questions about her views on gender identity and sexual orientation and a case she handled involving a transgender woman inmate. As a federal magistrate judge in New York, Netburn recommended the transfer of the transgender woman into a federal women’s prison over objections from the Bureau of Prisons. Republicans once again on Thursday zeroed in on the case, with Sen. Lindsey Graham (R-Ga.) saying he had not gotten answers from the Bureau of Prisons to his questions about the inmate’s behavior in the women’s prison. “It’s no longer a theoretical problem. I cannot believe we are voting on somebody when there is evidence that the person that we were concerned about did the very things that we were concerned about,” Graham said. — Katherine Tully-McManus   SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, our newsletter taking you inside pivotal discussions at the most influential gatherings in the world. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW.     HUDDLE HOTDISH Someone lost a vape. “You keep me on my toes, and I truly enjoy serving on the committee with you,” Judiciary Chair Dick Durbin told Sen. Lindsey Graham while wishing Graham a happy birthday and presenting him a “small cake and a large Coca Cola” ahead of what turned out to be a contentious meeting. (It was a Coke Zero tallboy.) Stay cool out there! Missing: a House office’s sign-in book Robert Garcia did an Isaac Chotiner interview QUICK LINKS  Dems are freaking out about Biden even in once safely blue states, from Lisa Kashinsky House Dems prepare to break with Biden if he tanks NATO press conference, from Daniella, Sarah and Nick Police Arrested Man at Capitol in Theft of Congressional Aides’ Phones, from Catie Edmondson at the New York Times Ocasio-Cortez Loses the Democratic Socialists’ Endorsement Over Israel, from Nicholas Fandos at the New York Times TRANSITIONS  Erin McBride Taylor is now a senior media manager for the National Federation of Independent Business. She most recently was comms director for Rep. David Rouzer (R-N.C.) and is a Steve Scalise alum. TOMORROW IN CONGRESS The House and Senate are out. FRIDAY AROUND THE HILL Crickets. TRIVIA WEDNESDAY’S ANSWER: Janice Sessing (whose birthday is today!) was the first to correctly guess that Joe Biden defeated GOP incumbent Cale Boggs to become the fifth-youngest person ever elected to the Senate. TODAY’S QUESTION, from Janice: Which congressman, born on this day in 1912, was from upstate New York, graduated from St. Bonaventure University, was the mayor of "Salt City," whose grandson is the current mayor, and whose son succeeded him in his seat in Congress? The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com. GET INSIDE CONGRESS emailed to your phone each evening.   Follow us

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