Congress
Some GOP senators are still grappling with the Todd Blanche nomination
Senate Republicans are hopeful they will be able to confirm Todd Blanche as attorney general by the end of the week. But he’s not in the clear yet, as several undecided GOP senators continue to mull it over.
Blanche’s prospects were nonetheless much improved Monday — less than 24 hours after some GOP senators were predicting he was unlikely to get confirmed as a war of words escalated between President Donald Trump and holdout Republicans.
But then Blanche cut a deal with Sens. John Cornyn (R-Texas) and Thom Tillis (R-N.C.) late Sunday night to clarify a controversial settlement between Trump and the IRS, giving Blanche the votes he needed to get through the Judiciary Committee Tuesday.
He still needs to get through the full Senate, where he can only lose two Republican votes given likely unified opposition from Senate Democrats and Kentucky Sen. Mitch McConnell’s absence.
Several GOP senators who raised alarms last week about Trump’s public threats to rekindle the “Anti-Weaponization Fund” Cornyn and Tillis worked to kill declined to say Monday how they’d vote on Blanche.But in a positive sign for the acting attorney general, several are looking to Tillis and Cornyn, who are now supporting him, as a lodestar for their own deliberations ahead of likely floor votes later this week.
“I think certainly the fact that he has signed this order, basically disbanding [the fund] — that’s a pretty good step,” said Sen. Lisa Murkowski (R-Alaska), before adding that she would “like to find out a little bit more about the negotiations.”
Murkowski said she plans to speak with Tillis and Cornyn.
“I’m curious about what went on over the weekend,” she said.
Blanche has made efforts to ingratiate himself with Murkowski. In July, he trekked to Alaska, in part at Murkowski’s urging, to better understand public safety and tribal jurisdiction matters. He recently announced a nine-figure settlement benefiting Alaska natives’ health care that Murkowski was pleased with.
“I just appreciated the fact that he went to the state,” Murkowski said. “He was only there for two days, but I had asked him in my initial meeting to go up to the state.”
Sen. Bill Cassidy (R-La.), who like Cornyn lost his primary earlier this year to a Trump-backed challenger, declined to discuss Blanche Monday. Sen. Susan Collins (R-Maine) added that she also wanted to talk to Tillis and Cornyn and read the agreement they struck with Blanche.
“Until I do that, I am not going to make a judgement,” Collins said.
Another Republican who hasn’t yet committed to supporting Blanche is Sen. John Curtis (R-Utah). He met with Blanche last week but hasn’t yet weighed in since Sunday night’s agreement. He had indicated before Sunday’s deal that he would be closely tracking Tillis and Cornyn during Tuesday’s Judiciary Committee meeting.
Getting Blanche’s nomination on a trajectory to pass the Senate this week would relieve some of the pressure on Senate Republicans, who are juggling a long to-do list and a shrinking runway to get it done. Trump, amid last week’s standoff, demanded that Senate Republicans confirm Blanche, including warning during a Cabinet meeting that they “will never get anybody like him.”
Tillis told reporters Monday that “the back-and-forth over the weekend was not helpful” but that the talks “ended up at an acceptable place.”
If Blanche gets out of the Judiciary Committee Tuesday as expected, the soonest the Senate could confirm him as attorney general is Saturday unless Democrats unanimously agree to help speed up a final vote.
Senate Majority Leader John Thune said Monday that he’s hopeful the Senate will be able to confirm Blanche but didn’t give an ironclad guarantee as the remaining undecided members review the agreement and talk to Tillis and Cornyn.
“I’d like to figure out a way, a path forward to get him done,” Thune said.
Democrats are likely to use Tuesday’s Judiciary Committee meeting, and the days leading up to a full Senate vote, to hammer Republicans over the deal Cornyn and Tillis struck. Many predicted Monday that Trump wouldn’t stick by the agreement that limits the scope of the IRS settlement and nullifies the $1.8 billion payout fund.
“There are so many loopholes. I wouldn’t be surprised if the president went ahead with the program,” said Sen. Dick Durbin (D-Ill.), the top Democrat on the Judiciary Committee.
Sen. Tammy Baldwin (D-Wis.) warned the remaining undecided Republicans about the deal: “I don’t think that that commitment is worth what it’s written on.”
While Democrats can drag Blanche’s confirmation into the weekend, they aren’t able to prevent him from being confirmed if at least 50 GOP senators support him. But they are determined to use the debate to hit at one of their central midterm campaign messages — corruption — with Senate Minority Leader Chuck Schumer calling Blanche the “architect of Trump’s grifts.”
Tillis suggested Monday he still has questions about who in Trump’s orbit played a role in the roller coaster negotiations over the past week. While the retiring senator is prepared to support Blanche, he said that he’s “not done analyzing the anatomy of this deal and who played a role in there.”
“I’m not going to speak for other members, but I think that it’ll be a solid vote,” he added about Blanche’s chances of being confirmed.
Sen. John Kennedy (R-La.), who appeared skeptical during a Sunday morning talk show interview that Blanche would get through the Senate, did a 180 Monday when asked whether he would get confirmed: “Yes, I do.”
Jennifer Scholtes contributed to this report.
Congress
Paul: ICE hasn’t shared information about Minneapolis shooting probes
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.
Congress
GOP Armed Services chair blasts White House welcome of Chinese leader
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.”
Congress
Appeals court’s Capitol steps ruling may signal trouble for Trump on media ban
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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