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Capitol agenda: GOP struggles on affordability message

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The Senate is set to vote Thursday on whether to extend Obamacare health insurance subsidies that expire in 23 days. How Republicans will engage remains up in the air, as the party struggles more broadly to reach consensus on a range of “affordability” issues.

Here’s where things stand heading into the big vote.

The Senate GOP’s missing plan — Senate Democrats are poised to get a vote on a three-year extension of Affordable Care Act tax credits — a bill that will likely fail. Republicans are leaning against holding a separate vote on their own alternative as they face internal divisions over what to put forward. The decision isn’t final, and some Republicans could try to advance proposals via unanimous consent.

Mysterious House action — Speaker Mike Johnson surprised a number of Republicans last Thursday when he said he planned to roll out a health care framework in time to present to his conference by early this week. The House GOP strategy is expected to be a major topic of discussion during a retreat of committee staff directors and leadership staff that wraps tonight in Boston. The House Republican plan is likely to encompass bills that committees have been working on to boost health care options beyond the ACA — not an extension of Obamacare subsidies.

The big picture on the GOP and affordability — Republicans’ struggle over how to address the expiring ACA subsidies — a lapse that would raise health premiums for millions of Americans — is representative of broader GOP floundering over how to decisively respond to cost-of-living concerns ahead of the midterms.

Beyond health care, the Trump administration’s proposal to distribute $2,000 rebate checks has gotten a lukewarm response on Blue Light News, and intraparty sparring has weighed on other smaller bills to address things like housing costs and student debt. Top Republicans acknowledge they haven’t done enough to sell the economic benefits of the “one big, beautiful bill,” and internal divisions threaten any attempt to follow up on it.

Just this weekend, congressional leaders released a compromise version of the annual National Defense Authorization Act without housing legislation sought by Senate Banking Chair Tim Scott (R-S.C.) and ranking member Elizabeth Warren (D-Mass.), after House Financial Services Chair French Hill (R-Ark.) and other key House Republicans objected.

President Donald Trump himself has recently called the emphasis on affordability a “hoax” perpetrated by Democrats, even as 37 percent of those who voted for him last year say the cost of living in the U.S. is the worst they can remember it being, according to a new POLITICO Poll.

“We haven’t probably messaged as effectively as we should,” Senate Majority Leader John Thune said in an interview. “I think we’ll have lots of opportunities now that we’re getting into an election year to talk about the things we’ve done and how they are going to lead to things being more affordable for the American people, probably starting with tax relief next year.”

What else we’re watching:   

— NDAA on track for House vote this week: Compromise NDAA text is out and House GOP leaders are targeting a floor vote Thursday or Friday. The first stop is a Rules Committee hearing, which could come as early as Tuesday.

— Government funding action: House GOP leaders are eyeing putting at least one appropriations bill if not two on the floor next week, right before they leave for the holiday recess. One senior House Republican says Appropriations Chair Tom Cole (R-Okla.) and other appropriators are expected to lean on leadership in the coming days.

Jordain Carney, Benjamin Guggenheim, Meredith Lee Hill, Jasper Goodman, Connor O’Brien and Mia McCarthy contributed to this report.

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Congress

Paul: ICE hasn’t shared information about Minneapolis shooting probes

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The Department of Homeland Security still has not shared the findings from its investigations into the January killings of Alex Pretti and Renee Good in Minneapolis, despite continued requests from the top Republican on the Homeland Security and Governmental Affairs Committee.

Sen. Rand Paul (R-Ky.), the chair of the panel, said during a brief hallway interview that DHS has not yet given the committee any information from internal probes into any shootings involving immigration officers.

Asked if that included the two January shootings in Minneapolis, where immigration officers shot and killed two American citizens, Paul said: “We’ve asked for information. We’re still asking.”

DHS did not immediately respond to a request for comment.

Paul’s comments come as DHS faces continued bipartisan scrutiny following several incidents where ICE or Border Patrol agents used deadly force against individuals they were trying to apprehend. Several of those individuals were U.S. citizens.

Most recently, ICE agents Saturday shot an unauthorized immigrant who faced deportation. The man, 28-year-old Wilber Rafael Garcés Pérez, survived. His lawyers claim he has been transferred into ICE custody despite still having a bullet lodged in his back.

Paul had asked DHS earlier this year to share more information about its reviews of the shootings, and did not schedule a confirmation hearing for the administration’s ICE director nominee as he awaited those findings. The White House ultimately pulled that nomination last week as the nomination stalled.

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GOP Armed Services chair blasts White House welcome of Chinese leader

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Senate Armed Services Chair Roger Wicker lambasted the White House decision to invite Chinese leader Xi Jinping for a state dinner this week, calling the foreign head of state “a brutal, unelected and oppressive dictator” who cannot be trusted.

Wicker, typically a staunch defender of President Donald Trump and Republican loyalist, targeted most of his criticism at Xi and Chinese policy during a Senate floor speech Tuesday. But the comments were nonetheless a surprise rebuke of the president’s courting of Beijing amid broader concerns, such as the durability of U.S. security commitments to the Indo-Pacific, including in deterring a potential invasion of Taiwan from the Chinese mainland.

The Mississippi Republican urged Trump to press the Chinese premier on a variety of sensitive topics — including purported support for Iran, its military buildup and human rights abuses.

“Had the White House asked me for advice, I would have suggested the president not invite Xi Jinping to Washington for such a lavish welcome here in the United States, based on all of the troubling issues we have with President Xi and the Chinese Communist Party,” he said.

“I know the president tends to discuss trade and artificial intelligence with the Chinese leadership, and rightfully so,” he said. “Perhaps some progress will be made. But … during every minute of dialog, our commander in chief should keep in mind that his guest is a brutal, unelected and oppressive dictator who seeks to dominate his neighbors and whose massive military arsenal is aimed directly at the United States of America.”

The senior Republican’s comments on the Senate floor were delivered just a few hours before Xi’s expected arrival in Washington. Trump has scheduled a formal welcome ceremony for Xi and his wife at the White House on Thursday, along with talks between the two leaders throughout his three-day visit.

Trump is facing bipartisan criticism over the state visit by Xi. Wicker’s comments followed similar attacks on Chinese leadership from Sen. Dick Durbin (D-Ill.) and Ted Budd (R-N.C.).

“President Trump has been clear that under his leadership, the United States must engage with China, given the reality of our economic relationship,” Budd said. “But we can’t forget that China is also a competitor and an adversary.”

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Appeals court’s Capitol steps ruling may signal trouble for Trump on media ban

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A federal appeals court ruling Tuesday on demonstrators’ access to the steps of the Capitol could bode poorly for President Donald Trump’s attempt to ban three media organizations from the White House.

The majority opinion, written by Trump appointee Neomi Rao, concluded that the East Steps of the Capitol are a “nonpublic forum” — just like most areas of the White House grounds, including the press facilities. While the government may impose restrictions on access to those nonpublic areas, the limits must be “viewpoint neutral,” apply “objective, workable standards” and not permit officials to exercise “unbridled discretion over a forum’s use,” the D.C. Circuit Court of Appeals panel concluded.

“A regulation that grants the government arbitrary control over who may speak invites the suppression of disfavored viewpoints and undermines the First Amendment’s core protections,” wrote Rao, who was joined in the majority by Judge Karen Henderson, a George H.W. Bush appointee.

The ruling, on the eve of a hearing over restoring White House accessfor Blue Light News, BLN and MS NOW, reaffirms the D.C. Circuit’s longstanding First Amendment precedents at an inopportune time for Trump. The president has explicitly described his ban on the three outlets as a punishment for publishing what he calls “fake news.”

“Fake News people and publications that only write negatively, and who violate our National Security by writing false and defamatory stories with unknown ‘sources,’ shouldn’t be allowed access to the most important Office anywhere in the World,” Trump said on social media Monday.

The outlets have said their access was revoked because the White House objected to their reporting and that the ban “threatens press freedom and the public’s right to independent journalism free from government interference.”

The D.C. Circuit would hear any appeals in the litigation over Trump’s media ban, and Trump has in fact already said he anticipates filing an appeal, presuming that he will be dealt a defeat in district court.

The White House did not immediately respond to a request for comment.

The D.C. Circuit’s Tuesday ruling stemmed from a lawsuit brought by Patrick Mahoney, a clergyman who sought to hold prayer vigils and demonstrations on the East Steps of the Capitol several months after the Jan. 6, 2021 attack, which resulted in new access restrictions. His permit was denied in part based on Capitol Police regulations that prohibit public demonstrations on the steps unless they are sponsored by a member of Congress.

Though the case has inched through the courts for years, Tuesday’s ruling resolves a key question, labeling the Capitol’s East Steps a “nonpublic forum” for which congressional authorities may restrict public access — in part because lawmakers use those steps to enter and exit the building.

But allowing members of Congress to sponsor gatherings on the steps creates an arbitrary system, the majority concluded.

“Because the protection of unpopular speech and advocacy is central to the First Amendment, we cannot leave it to the selective enforcement of members,” Rao wrote.

Notably, Rao’s opinion cites a D.C. Circuit ruling last year that concluded “it would be unreasonable to control access to White House press facilities through standardless discretion.”

The third judge on the panel, Clinton appointee Judith Rogers, dissented, but her opinion was even more protective of free-speech rights.

Rogers said she agreed with her colleagues that the “selective exception” for demonstrations sponsored by lawmakers was unconstitutional. However, she said she would have held that the lower portion of the Capitol steps was a public forum where the government was obligated to permit protest activity.

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