Congress
Durbin tees off on Bove as Judiciary hearing kicks off
Sen. Dick Durbin, the top Democrat on the Judiciary Committee, on Wednesday excoriated Emil Bove, a top Trump Justice Department official and nominee for a seat on the Third Circuit Court of Appeals, arguing that he was uniquely unqualified for the seat on the federal bench.
Bove, Trump’s former criminal defense attorney, is testifying before the Senate Judiciary Committee along with four district court nominees. His nomination has come under fire this week after allegations that he suggested flouting court orders to fulfill Trump’s political agenda.
His nomination has become the first flashpoint judicial confirmation battle of Trump’s second term, as the president and his allies have become increasingly hostile to judges who have ruled against him.
Durbin argued that Bove’s nomination was in a “category all of his own” compared to the kind of judicial conservatives Trump had nominated to the federal bench in his first term. He pointed to, among other things, Bove’s role in ousting of DOJ staffers who worked on cases tied to the Jan. 6 Capitol riot.
Durbin also pointed to Bove’s dismissal of federal corruption charges against New York City mayor Eric Adams around the time that Adams agreed to cooperate with the administration’s immigration enforcement at the city’s Rikers jail.
“Bove has led the effort to weaponize the Department of Justice against the president’s enemies,” the senator said. “Having earned his stripes as a loyalist to this president, he’s been rewarded with a lifetime nomination.”
Durbin also criticized Bove for his tenure as a federal prosecutor at the Manhattan U.S. attorney’s office. He cited an internal inquiry into his “abusive” management style, first reported by POLITICO, that determined he should be demoted from his leadership position. (The office’s leadership never implemented the intended demotion.)
Installing an enduring conservative slant in the federal judiciary was a key accomplishment of Trump’s first term. During four years, the White House shepherded dozens of new appeals court judges and three Supreme Court justices.
Sen. Chuck Grassley, chair of the Senate Judiciary Committee, opened the hearing by noting that Bove had seen an “intense opposition campaign.” He added that Bove, who is currently principal associate deputy attorney general, may be bound by certain privileges, including executive privilege and attorney-client privilege.
“Turning every nominee into a political punching bag isn’t advice and consent, it’s smear and obstruct,” Grassley said, noting that opposition from home-state senators does not disqualify a candidate for a circuit court judgeship under the committee’s current rules.
“Let’s not pretend that nominees with ties to the President are somehow suspect.”
Congress
Capitol agenda: Republicans brace for Trump’s wrath
President Donald Trump has held his fire since senators skipped town for five weeks without advancing his elections security bill. Some Republicans don’t expect that to last.
Senators punted until at least September any vote on a framework for a third party-line spending bill that includes parts of the SAVE America Act, rather than hold a failed vote.
Whether Trump accepts that explanation is entirely unclear.
Some Republicans privately are prepared for the mercurial president’s yearslong obsession with the election measure to resurface over the recess and risk further inflaming the party’s base just months before GOP senators need those same voters to turn out.
“That would be consistent with his approach,” Sen. Mike Rounds said about the possibility. But “we also know the votes aren’t there,” he added.
Senate conservatives tried different ways to appease the president before leaving.
Budget Chair Ron Johnson said they spoke directly with Trump before pulling the plug on any vote as they struggled to corral support to advance a budget resolution. Johnson said Trump blessed delaying the vote to September.
And Majority Leader John Thune called up a vote on a simpler voter ID bill that unifies the GOP conference, rather than the more complex SAVE America Act that includes provisions restricting mail-in voting, for example, that some in the party don’t support.
Still, some Republicans don’t believe it’ll be enough to satisfy Trump given his relentless focus on nixing the filibuster and passing the election bill, a hardball strategy that there also isn’t sufficient support for within the conference.
One GOP senator, who requested anonymity to speak candidly, said Thune wanted to hold a vote on the voter ID bill because “he thinks it will give us cover with the president.”
“I think he’s wrong,” the senator added.
Asked if he thought the voter ID bill vote would satisfy Trump, Thune said in an interview “good question, but I think if they want votes, we’ll try and get votes, but I can’t guarantee outcomes.”
Sen. Mike Lee and other conservatives continue trying to twist the conference’s arm, vowing to “keep fighting” for the GOP bill and to renew the effort once the chamber returns.
But Trump and his allies’ continued focus on legislation that doesn’t have the votes to pass has frustrated many Republicans, who worry that strategy is sowing division rather than uniting the party against Democrats that they need to defeat.
“I hear what the administration is saying,” Sen. Thom Tills said. “I look at political data almost every day of the week. …I don’t see [the SAVE America Act] as one of the major factors that are going to get out to the polls.”
What else we’re watching:
— HOURS LEFT FOR MILLER DROP-OUT WATCH: Rep. Max Miller has less than 12 hours to drop out of his race and let Ohio party leaders replace his name on the November ballot. So far, Miller is signaling that’s not going to happen. The Ohio Republican has until 4 p.m. Monday to drop out of his race for reelection in the Cleveland suburb district. But Miller has remained defiant amid allegations of domestic abuse from Emily Moreno, his ex-wife and the daughter of Ohio GOP Sen. Bernie Moreno.
— HEGSETH FAILS TO WIN GOP BUDGET SUPPORT — Senators began their break no closer to enacting the crown jewel of Defense Secretary Pete Hegseth’s agenda: a record-breaking $1.5 trillion defense budget. Hegseth hasn’t persuaded Republicans to steamroll Democrats and advance the money in a party-line plan, despite regularly trekking to Blue Light News and hobnobbing with lawmakers. Instead, an increasingly vocal group of GOP lawmakers argue the administration hasn’t explained why Republicans should burn valuable political capital in pursuit of Trump’s vision — especially with the midterms just months away.
Jordain Carney, Mia McCarthy, Connor O’Brien and Mark Satter contributed to this report.
Congress
Senate confirms Blanche as attorney general
The Senate Saturday confirmed Todd Blanche to be attorney general, following a weeks-long struggle with a handful of wary Republicans.
The Senate voted 50-49 to approve him, with GOP Sens. Susan Collins of Maine and Lisa Murkowski of Alaska joining with Democrats in opposition.
Blanche, President Donald Trump’s former personal attorney, has been serving as acting attorney general since Pam Bondi’s ouster in April. Questions about Blanche’s potential conflicts of interest from representing Trump, as well as his role in the creation of a $1.8 billion “Anti-Weaponization Fund” as part of Trump’s settlement this spring with the IRS, created headwinds to his confirmation among a key group of Senate Republicans.
Sen. Bill Cassidy, the Louisiana Republican who lost re-election after Trump endorsed a primary challenger, helped Blanche clinch his 50th vote Friday. He said Blanche wasn’t perfect but that he wasn’t sure Trump would pick someone better to lead the Justice Department.
“The choice is not between perfection and Mr. Blanche,” Cassidy said on the Senate floor. “It is between Mr. Blanche and another acting attorney general who may not run the department effectively under President Trump and who indeed may not be as good as Mr. Blanche.”
Cassidy’s support came after Blanche had already spent weeks negotiating with Sens. Thom Tillis of North Carolina and John Cornyn of Texas, who vetted his nomination as members of the Senate Judiciary Committee. Cornyn struck an agreement with Blanche Sunday for the DOJ to curtail the payout fund and rein in a deal to exempt Trump from IRS audits.
Cassidy’s support came hours after Murkowski announced that she would oppose Blanche’s nomination, putting it on the brink of potential failure. Between unified opposition from Democrats and Sen. Mitch McConnell’s absence for health reasons, Blanche could only lose two Republicans and still be confirmed.
Hours before Friday’s vote, Murkowski told reporters she spoke with Blanche multiple times but that she was “good with where I am.” She said there was no “one” thing that motivated her decision.
“If there was one thing, we might be able to go back to the White House and say ‘Hey, can we work on this one thing,’” she said. “But for me it was a compilation.”
She added that she believed the anti-weaponization fund is “pretty dead” but “what is not so clear” are the audit immunity provisions of Trump’s IRS agreement, “which I just think are viewed by so many in this country as kind of a special and sweet deal for the president and his family.”
Congress
Senate passes funding bill to avert October shutdown
The Senate passed a bill Saturday to fund the government beyond the midterm elections, putting the onus back on the House to head off a shutdown looming Oct. 1.
The Senate approved the measure in a bipartisan 90-6 vote, with Sen. Darline Graham of South Carolina voting present. The bill would fund federal agencies through Dec. 11 at current levels, with some exceptions. Senate leaders sped up consideration of the legislation as part of an agreement reached Saturday morning to allow members to leave for August recess.
The House and Senate have now each passed different bills aimed at averting a shutdown at the end of the fiscal year. The House bill would fund the government through Dec. 4.
The Senate legislation sets up a year-end standoff over the Trump administration’s controversial plan to put political appointees in charge of approving federal grants. The bill would block the administration from finalizing that rule during the length of the stopgap — and lawmakers are already expecting a December brawl over the issue.
Sen. John Kennedy (R-La.) said this week that he’s going to “fight like hell” in December to ensure Congress doesn’t further obstruct the grant overhaul.
But lawmakers on both sides of the aisle are resistant to the White House approach to grants. Senate Appropriations Chair Susan Collins (R-Maine) said she will “continue to oppose” the Trump administration plans “because I think they politicize the grants process, and I don’t want that to occur.” Sen. Patty Murray of Washington, the top Democrat on Senate Appropriations, said she too would “welcome the fight.”
The Senate rejected an amendment from Sen. Ted Budd (R-N.C.) intended to ensure that a ban on intoxicating hemp products kicks in come November, after Senate leaders at the White House’s urging included language in the funding bill to delay it.
The Senate bill includes language Democrats sought to ensure Immigration and Customs Enforcement and the Border Patrol don’t get any new funding under the patch. Republicans enacted $70 billion for those agencies along party lines earlier this year.
That prohibition could be contentious in the House.
Rep. John Rutherford (R-Fla.) said in an interview that the provision “could be a dealbreaker” and that he’s “not a fan” of the Senate version. Rep. Jeff Van Drew (R-N.J.) said Tuesday that he would say he’s undecided if GOP leadership whipped his vote on the Senate stopgap.
“I do not like the Senate language,” Van Drew said, noting the grant approval provision. “It’s one I would want to know what the president thinks.”
The White House issued a statement of administration policy in support of the Senate’s funding bill. No such memo was issued for the House bill, which did not include the funding increases and authorizations the White House requested.
“Every Member of Congress should support passage of this [continuing resolution] to keep the Government open as discussions on full year appropriations continue,” it reads.
Rep. Rosa DeLauro (D-Conn.), the top Democratic appropriator in the House, praised the Senate measure for including the grant and immigration enforcement language.
“This bill is a clear improvement over the House Republican continuing resolution, but we are still nearly two months away from the end of the fiscal year and should be working together to pass full-year funding bills,” she said in a statement.
Mia McCarthy and Jennifer Scholtes contributed to this report.
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