Wednesday, December 14, 2022

POLITICO NIGHTLY: Learning to live with a lame-duck session



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BY ELANA SCHOR

Presented by

Chamber of Progress

A woman holding a sign that reads

The organization MomsRising asks Congress to get to work on family-oriented benefits during the lame-duck session. | Larry French/Getty Images for MomsRising

I’LL SLEEP WHEN I’M ADJOURNED — Capitol Hill’s most memorable lame-duck sessions are always imbued with the fatalistic joy of the holiday season. The energy in the halls is part euphoria — as lawmakers and aides push toward a year-end break from the grind — and part doom, as both parties remember that legislative power has a post-election expiration date.

So, how should the current Congress make sense of its weighty lame duck agenda , which is topped by a $1.7 trillion spending deal and the issue of presidential election certification reform? A line from a noted expert in the comedy of life’s chaos comes to mind: “Enjoy every sandwich.”

It might seem paradoxical to apply the words of quirky, hard-edged rocker Warren Zevon to 435 staid practitioners of parliamentary procedure. But Zevon’s advice, delivered in an introspective turn two decades ago as he confronted a terminal lung-cancer diagnosis, is particularly relevant to politicians whose parties are preparing to cede total control over Washington.

His full quote, delivered in an interview with television host David Letterman, encouraged viewers to amplify their appreciation of all life’s moments, given the inevitability of death. And there’s something politically morbid about the time-limited nature of a lame-duck session, challenging its participants to make the most of the minutes they have left to make laws.

Indeed, lame ducks of the past are littered with examples of high-flying figures reduced to scrapping and saving face as the waning days of a Congress forced hasty decisions or bitter compromises. Days after losing to Joe Biden, Donald Trump faced another lame-duck indignity two years ago this month when Congress overrode his veto of a must-pass defense bill.

And 10 years ago this month, lawmakers experienced the epitome of a manically merry lame duck when party leaders traded profanities on the way to a multi-billion-dollar “fiscal cliff”-averting agreement. Then-House Speaker John Boehner hung on as House GOP leader for more than two years after that, but the seeds of the conservative rebellion that removed him were planted during a frantic post-election session that churned past New Year’s Eve.

It’s easy for members of Congress to miss the sandwich-enjoying opportunities of lame-duck sessions, when exhausted members and staff want nothing more than a pause in the action to be with their families. That goes double for this year’s Democratic majorities, who have gotten a surprising amount of bipartisan work done given their threadbare margins in both the House and Senate.

But there’s no time like the lame-duck present to savor the last throes of your own control over the levers of U.S. policy — after all, as Zevon might put it, divided government is just trouble waiting to happen. If Democrats want their complete power to go out with a bang, they’ll have to stick together on the last big votes of the year and try to remember that the alternative to a deal they don’t like, on government funding or any other topic, may be no deal at all. And that internecine squabbles only hurt your ability to enjoy a good sandwich.

Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s author at eschor@politico.com or on Twitter at @eschor .

 

A message from Chamber of Progress:

If passed, the Open App Markets Act S. 2710 (OAMA) would undermine content moderation on app platforms, furthering the spread of hate speech, disinformation, and violent rhetoric. Some Democrats have questioned the disastrous impact of OAMA, raising concerns about the bill creating cybersecurity risks, hamstringing content moderation, and targeting specific tech companies. So why are Democratic lawmakers still supporting MAGA Republicans in spreading harmful content online? Learn more about the dangers of OAMA here.

 
THE NEW CONGRESS

MCCARTHY’S MIGRAINE  Rep. Nancy Mace (R-S.C.) said today that she wouldn’t support removing Democrats from committees , a step GOP Leader Kevin McCarthy has vowed to take next year if he wields the speaker’s gavel, writes Jordain Carney .

The speaker — whether it is McCarthy or someone else — can unilaterally keep Reps. Adam Schiff (D-Calif.) and Eric Swalwell (D-Calif.) off the Intelligence Committee next term, a congressional aide told POLITICO, due to the specific rules governing that panel.

But the future is less certain when it comes to the other lawmakers GOP leadership has vowed to bench. That includes Rep. Ilhan Omar (D-Minn.), as Democrats make the initial call within their caucus about Omar’s committee assignments and are expected to give her a seat on the panel.

Republicans will then need to figure out how to either prevent her from getting a seat or remove her from the panel. And if it comes to a floor vote, McCarthy will need near unanimity from House Republicans given the tight margins and likely unified Democratic opposition. Removing her under that path would require a majority to support stripping her of the committee assignment — putting members on the record as part of an up-or-down vote.

Another path could be to contest a resolution that ratifies Democrats’ picks for all the committees that will come to the floor at the start of the next Congress. A member from each party offers a resolution on the House floor to ratify the picks for committee membership from their respective parties.

They are typically very low drama — the resolutions for both Republican and Democratic committee membership passed by unanimous consent in January 2021. But they could provide another leverage point for McCarthy as he seeks support to become speaker.

 

A NEW POLITICO PODCAST: POLITICO Tech is an authoritative insider briefing on the politics and policy of technology. From crypto and the metaverse to cybersecurity and AI, we explore the who, what and how of policy shaping future industries. We’re kicking off with a series exploring darknet marketplaces, the virtual platforms that enable actors from all corners of the online world to traffic illicit goods. As malware and cybercrime attacks become increasingly frequent, regulators and law enforcement agencies work different angles to shut these platforms down, but new, often more unassailable marketplaces pop up. SUBSCRIBE AND START LISTENING TODAY .

 
 
WHAT'D I MISS?

National Nuclear Security Administration Deputy Administrator for Defense Programs Dr. Marvin Adams holds up a cylinder he says is similar to one used by the Lawrence Livermore National Laboratories for a breakthrough in fusion research during a news conference today.

National Nuclear Security Administration Deputy Administrator for Defense Programs Dr. Marvin Adams holds up a cylinder he says is similar to one used by the Lawrence Livermore National Laboratories for a breakthrough in fusion research during a news conference today. | Chip Somodevilla/Getty Images

— ‘Tremendous scientific breakthrough’ in fusion energy: U.S. scientists have scored a breakthrough in fusion technology, showing for the first time that humans can wield the technology in a controlled reaction that combines atoms to create a net increase in energy, a major breakthrough that could eventually lead to a new source of clean, inexpensive power , Energy Secretary Jennifer Granholm said today. The achievement at the Lawrence Livermore National Laboratory came when 192 high-energy lasers converged on a diamond capsule containing a cylinder about the size of a peppercorn and filled with deuterium and tritium. The lasers entered either end of the cylinder and heated the contents to over 3 million degrees Celsius.

— Federal prosecutors charge Bankman-Fried with massive, yearslong fraud: Federal prosecutors today charged FTX founder Sam Bankman-Fried with multiple counts of fraud, money laundering and campaign finance violations , setting the stage for an explosive court battle following the collapse of the former crypto kingpin’s company. The 14-page criminal indictment and civil charges filed earlier allege that Bankman-Fried oversaw a massive corporate fraud at FTX and its affiliates that cost customers and investors billions of dollars in losses. Bankman-Fried’s attorney Mark Cohen said in a statement that the defendant is “reviewing the charges with his legal team and considering all of his legal options.”

— Advocacy groups warn of harassment on Twitter after Musk kills safety board: The morning after Elon Musk abruptly eliminated a six-year-old Twitter advisory council, children’s safety and civil rights groups warned the move will make it harder to police harassment and hate speech on the platform. GLAAD, an LGBTQ advocacy group, said that absent the council or best practices on hate speech, “the platform clearly remains unsafe not only for LGBTQ users but for brands and advertisers.” Musk has spent the weeks since he bought the platform systematically dismantling much of the company’s previous content moderation apparatus as he’s embraced demands for unfettered speech.

 GOP operative who allegedly kicked a dog hired as top aide to new congressman: A veteran Georgia Republican operative who is slated to be chief of staff for incoming Rep. Mike Collins was arrested last month for allegedly kicking a dog . Brandon Phillips was arrested on Nov. 17 on a misdemeanor charge of animal cruelty and held on a $1,200 bond, which he posted to get released, according to a booking report. In 2016, Phillips resigned as Trump’s Georgia state director after his prior criminal history was revealed.

— Democracy for America on track to shut down: Democracy for America, a liberal group founded by former presidential candidate Howard Dean, is planning to shut down unless a last-minute savior comes through, according to three people familiar with the plans. The organization notified remaining employees that their last day will be Thursday, the people said. A number of the 13 to 15 employees on the organization’s payroll in early November had already been laid off in recent works.

 

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AROUND THE WORLD

CAMERA-SHY KREMLIN — Russian President Vladimir Putin won’t hold his traditional year-end press conference for the first time in at least a decade as Russian troops continue to lose ground in Ukraine, writes Wilhelmine Preussen .

The annual event has in the past run on for hours, offering Putin the opportunity to display his mastery of policy and his grip on power on live national TV. The event often had a festive atmosphere, with regional journalists holding up signs to catch Putin’s attention. Surprise questions were, however, a rarity.

Putin, who turned 70 in November, is also at the center of intense speculation over his health — and was seen swaying on camera in a public appearance earlier this week. Aides have repeatedly denied that he is unwell.

Russian troops continue to experience setbacks in Ukraine nearly 10 months after invading the country. The U.K. Ministry of Defense said today that Ukraine has liberated around 54 percent of the territory captured by Russian forces since February 24.

“As for the annual news conference, yes, there won’t be one before the New Year,” Kremlin spokesman Dmitry Peskov said on Monday. No date has yet been set for Putin’s New Year address to the nation, Peskov added.

 

JOIN THURSDAY FOR A CONVERSATION ON FAMILY CARE IN AMERICA: Family caregivers are among our most overlooked and under-supported groups in the United States. The Biden Administration’s new national strategy for supporting family caregivers outlines nearly 350 actions the federal government is committed to taking. Who will deliver this strategy? How should different stakeholders divide the work? Join POLITICO on Dec. 15 to explore how federal action can improve the lives of those giving and receiving family care across America. REGISTER HERE .

 
 
NIGHTLY NUMBER

7.1 percent

The amount consumer prices rose year over year in November, a sign that price increases are gradually cooling despite the pressures they continue to inflict on American households. That figure is down from 7.7 percent in October from last year and down from a peak of 9.1 percent in June. It was the fifth straight slowdown and beat economists’ expectations for a 7.3 percent year over year rise in prices.

RADAR SWEEP

CLANDESTINE CORNERS — Outside of London, there’s a real life school for spies, where officers of the British Secret Intelligence Service called SIS learn everything that they know. For the first time, the school is being run largely by women working in some of the most important positions in the country. And now, some of these women have agreed to speak on the record (with names changed) to journalist Helen Warrell for the Financial Times. Given that it’s only the head of MI6 who’s named and allowed to speak in public — and that all heads of MI6 have been men — it’s the first time that female spies in Britain have spoken on the record to a reporter. Read the fascinating account .

PARTING WORDS

Sen. Ted Cruz surrounded by media.

Sen. Ted Cruz (R-Texas), here surrounded by media, said in September, “the whole world will change depending on what Donald Trump decides.” He's now biding his time on either endorsing or jumping into the presidential race himself, and his decision on whether to run may be the best barometer for Trump’s invincibility. | Kevin Dietsch/Getty Images

THE SOUND OF SILENCE — Sometimes, the loudest noise in politics is silence.

Just under a month since Trump announced his third consecutive White House bid, some of his loudest advocates are nowhere to be found , writes Jonathan Martin .

Only one GOP senator — the former football coach last heard claiming Democrats support reparations for “people that do the crime” — is endorsing the former president, ostensible frontrunner and heretofore leader of the Republican Party. Trump defenders like Sens. Rick Scott, Josh Hawley and Lindsey Graham are silent. Sen. Ted Cruz, who in September said “the whole world will change depending on what Donald Trump decides,” is now biding his time, and his decision on whether to run may be the best barometer for Trump’s invincibility.

In the House, Kevin McCarthy, whose hopes to become speaker depend on a far-right faction of Trumpists, also won’t endorse the man he once placated at every turn. Rep. Steve Scalise, McCarthy’s deputy and the most likely fallback speaker, is similarly mute about Trump 2024.

And in the ranks of governors, the one who handed him a likeness of his image on Mount Rushmore, Gov. Kristi Noem of South Dakota, and another who was vaulted to Fox News stardom by serving in his White House, Gov.-elect Sarah Huckabee Sanders of Arkansas, are withholding their support.

Why are Trump’s loyalists staying on the sidelines while much of the Democratic Party lines up behind Biden? Some of it has to do with midterm results that bolstered Biden and hurt Trump. But there’s more than that at play. Read the entire column here .

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A message from Chamber of Progress:

Disinformation, hate speech, and violent rhetoric are threatening the stability of our democracy and the safety of many communities around the country. Even in the face of that reality, Democratic lawmakers are supporting legislation that would strip online platforms of their ability to remove harmful content—the Open App Markets Act S. 2710 (OAMA).

Some Democrats have continued to question the disastrous impact of OAMA, warning that “extremist outlets and disinformation sites could sue app platforms for blocking them,” forcing platforms to provide soapboxes to outlets like Infowars and Parler.

Democrats shouldn’t help MAGA Republicans spread harmful content online.

Learn more about lawmakers' concerns with OAMA here.

 
 

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