What the Senate GOP’s top border negotiator needs to see

From: POLITICO Inside Congress - Friday Jan 12,2024 09:04 pm
Presented by Electronic Payments Coalition: An evening recap of the action on Capitol Hill and preview of the day ahead
Jan 12, 2024 View in browser
 
POLITICO Inside Congress

By Burgess Everett

Presented by

Electronic Payments Coalition

With assists from POLITICO’s Congress team

Sen. James Lankford speaks with reporters at the U.S. Capitol.

Sen. James Lankford (R-Okla.) speaks with reporters at the U.S. Capitol on Dec. 4, 2023. | Francis Chung/POLITICO

LANKFORD EXPLAINS HIS BORDER-DEAL BENCHMARK

This newsletter’s most faithful readers probably know of the “Hastert Rule,” but here’s a quick recap for newcomers: The GOP, when it controls the House, sets an informal rule to only take up legislation that could win “the majority of the majority.”

In the Senate, meanwhile, James Lankford is trying to meet a different, harder standard. The Oklahoma Republican senator has spent months looking for a border and immigration deal that can win a majority of the minority.

(If he succeeds, maybe the Hill press corps will call it the Lankford Rule.)

Senate Republicans don’t control the floor, but Lankford outlined his thinking in an interview. If he can get 25 or more of the 49 GOP senators to sign onto something, he’s betting that it might be enough to get Speaker Mike Johnson to take up a big emergency spending bill with Ukraine aid – without losing the gavel to a conservative rebellion.

When Lankford met with House Republicans on Wednesday, he told them that he doesn’t plan to back a border deal that barely skirts the 60 votes needed to break a filibuster. Lankford explained that he doesn’t want to win “51 Democrats and 10 Republicans. … That is not what this is. This is not just trying to barely squeak it over to them.”

Let’s be real: His goal is incredibly challenging. Because any bipartisan border deal would move alongside Ukraine funding, you can count on maybe 10 of the 49 Senate Republicans to start off in the no camp.

Which means Lankford needs to convince about two-thirds of the GOP senators whose votes are up for grabs.

This week’s closed-door conference briefing among Senate Republicans showed three factions that remain: Clear yeses, clear nos and perhaps the biggest and trickiest category – maybes who don’t want to walk the plank on a border deal only to see the House block it.

“There’s a significant number that like the direction that it's going,” Lankford said of his negotiations on Thursday afternoon.

Lankford commands real respect in the Capitol. He’s not a bomb-thrower and is quite conservative, even beating a primary opponent from the right in 2014 who had the support of Ted Cruz, Mike Lee and Sarah Palin.

The Oklahoman’s also been in the bipartisan mix plenty of times over the years – and hasn’t yet landed a big deal. Lankford was in the room in 2018 as senators tried for a bipartisan deal on border security, but he eventually soured on it and voted no as then-President Donald Trump savaged the agreement.

That 2018 border plan never made it out of the Senate. Lankford’s current work could face the same exact fate in the coming weeks, particularly if Trump romps in the primary.

At the table beside Lankford are Sens. Chris Murphy (D-Conn.) and Kyrsten Sinema (I-Ariz.), both of whom worked out a bipartisan gun safety agreement in 2022 against long odds. Murphy, in an interview, agreed with Lankford’s forecast that any successful bill would have to get most Republicans.

“This is not the gun bill, where you had every Democratic vote and you had just enough Republican votes,” Murphy said. “It's going to be different.”

But Murphy acknowledged that more Republicans appear to be starting off as hard nos. So does he think Lankford can get it done?

“I wouldn't still be at the table months later if I didn't think that this had a finish line. I've walked away from plenty of negotiations. … And there's certainly a possibility that this falls apart. But that possibility goes down, not up every day,” Murphy said.

The hard truth remains: Lankford can’t guarantee GOP support until he finishes the bill. When he finishes writing it, he might find that the votes aren’t there, or that he’s crafted an unexpectedly popular deal among Republicans. Until then, he has no whip count.

“We'll know once there’s text. I'm not being flippant about it. But everybody's got to read it,” Lankford said.

— Burgess Everett

 

A message from Electronic Payments Coalition:

CREDIT UNIONS & COMMUNITY BANKS IN All 50 STATES OPPOSE THE DURBIN-MARSHALL CREDIT CARD BILL: Local credit unions and community banks serve an essential role in supporting Main Street. So, when 9,600+ credit unions and community banks throughout the country oppose the Durbin-Marshall credit card bill, Congress should pay attention. Durbin-Marshall lines the pockets of corporate mega-stores by shifting costs and risks to credit unions, community banks, and their 135 million customers. Click here to learn more.

 

GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Friday, Jan. 12, where it’s looking like we might actually get some snow next week here in Washington!

THE MAYORKAS IMPEACHMENT MATH

House Republicans are increasingly bullish about their chances of impeaching Homeland Security Secretary Alejandro Mayorkas — but they don’t have the votes yet, based on our whip count.

Reminder of where they stand: Eight GOP lawmakers previously voted to punt impeachment articles offered last year by Rep. Marjorie Taylor Greene (R-Ga.).

Homeland Security Chair Mark Green (R-Tenn.), who launched impeachment proceedings this week in his committee, told us that he thinks he’ll win over most of that group and that he’s confident about the rest of the conference.

“We are very close to having the votes,” Green said in a brief interview.

Standing in their way, of course, is a narrow two-seat majority that could get even smaller if they lose next month’s New York special election. On top of that, our conversations with Republicans reveal that some who voted against killing the impeachment resolution last year aren’t actually ready to impeach Mayorkas.

Green acknowledged he’s got two Republicans who are likely “no” votes: Reps. Ken Buck (Colo.) and Tom McClintock (Calif.). Buck is one of his party’s most vocal impeachment critics, while McClintock confirmed to us this week that he still doesn't believe Mayorkas’ actions have met the bar of an impeachable offense.

Meanwhile, Reps. Don Bacon (R-Neb.) and David Joyce (R-Ohio) raised a similar concern in interviews: that impeaching Mayorkas wouldn’t actually result in a change in policy.

“On the plus side, it’s the worst we’ve ever seen at the border. On the negative side, you may not be able to get it out of here and you’re surely not going to get much out of the Senate,” Bacon said.

Joyce added that impeaching Mayorkas “doesn’t change what’s happening at the border, because that policy directive has to come from the White House.” He said he won’t decide on impeachment until he sees the resolution and its supporting evidence but added that “I haven’t seen a high crime or a misdemeanor” yet.

Others on the Hill are quietly speculating that there could be other undecided GOP lawmakers flying under-the-radar. That on-the-fence camp about Mayorkas impeachment includes, but isn’t limited to, Problem Solvers Chair Brian Fitzpatrick (R-Pa.), Main Street Chair Dusty Johnson (R-S.D.) and Rules Committee Chair Tom Cole (R-Okla.).

Johnson said he hadn’t yet considered the evidence for, or against, impeachment. Meanwhile, Cole said he would “wait and see if enough evidence is produced” and Fitzpatrick said he wouldn’t “pre-judge the proceedings.”

— Jordain Carney

 

A message from Electronic Payments Coalition:

Advertisement Image

 

HALEY’S HIDDEN FANS

They haven’t exactly endorsed her, but some Trump-skeptical Republicans have nothing but unprompted warm words for Nikki Haley in the GOP presidential primary.

“I think Nikki Haley has done a great job. She speaks my language,” said Rep. Don Bacon (R-Neb.). “I’m an R+1 seat. I want to hold my coalition together.”

Sen. Lisa Murkowski (R-Alaska), who voted to convict Trump at this second impeachment trial, told POLITICO that “Nikki Haley is a strong, strong candidate and contender and I'd like to think that we could do better than a Donald Trump, Joe Biden rematch.” Murkowski added that “sure, she's viable” against Trump.

Senate Minority Whip John Thune (R-S.D.), also not quite a fan of the former president, has said his own complimentary things about the Haley campaign recently.

That’s not to say every GOP lawmaker who’s not yet backed Trump is automatically lining up behind the former South Carolina governor. Sen. Mike Rounds (R-S.D.), who originally backed the bid of Sen. Tim Scott (R-S.C.), wasn’t ready to back anyone else: “I normally don't just jump from one horse to another quickly, so I'll take my time,” he said.

And Sen. Rand Paul (R-Ky.) launched an all-out campaign opposing Haley’s candidacy on Friday — even as he doesn’t have a favorite (yet) in the presidential contest.

— Anthony Adragna

 

A message from Electronic Payments Coalition:

CREDIT UNIONS & COMMUNITY BANKS IN All 50 STATES OPPOSE THE DURBIN-MARSHALL CREDIT CARD BILL: The Durbin-Marshall credit card bill would create new government mandates on credit cards that would put consumer data and access to credit at risk. The bill would benefit corporate mega-stores, like Walmart and Target, at the expense of Main Street and the 135 million Americans who rely on credit unions and community banks. The threat of Durbin-Marshall to small financial institutions is so clear that 9,600+ credit unions and community banks in America are opposed to the bill. They also see through the so-called “carve out” for smaller banks which is a hoax to try and buy their support. Their message to Congress is simple: on behalf of credit unions and community banks in all 50 states, commit to actively opposing the Durbin-Marshall credit card bill. Click here to learn more.

 
HUDDLE HOTDISH

Attendance problems: 50 House members didn’t show up for the final votes of the week.

Jon Tester formally filed for reelection from an extremely…. brisk Helena, Mont. where it was -23 degrees.

Former Speaker Kevin McCarthy has some interesting thoughts on his relationship with Donald Trump.

Tina Smith showed off her expletive-laden Christmas present — and said it reminded her of work.

QUICK LINKS 

First crack at comprehensive AI legislation coming early 2024 from Senate Commerce Chair Cantwell, from Nihal Krishan at FedScoop.

Senate Finance head calls for probe into hack of SEC's X account, from Sam Sabin in Axios

Manchin says Super Tuesday will offer clarity on need for a third-party candidate, from Holly Ramer in the Associated Press

Schiff would abolish filibuster, end the Electoral College in his pro-democracy plan, from Melanie Mason

 

GROWING IN THE GOLDEN STATE: POLITICO California is growing, reinforcing our role as the indispensable insider source for reporting on politics, policy and power. From the corridors of power in Sacramento and Los Angeles to the players and innovation hubs in Silicon Valley, we're your go-to for navigating the political landscape across the state. Exclusive scoops, essential daily newsletters, unmatched policy reporting and insights — POLITICO California is your key to unlocking Golden State politics. LEARN MORE.

 
 

TRANSITIONS 

Rachel Skaar is the new deputy communications director for the Environment and Public Works Committee. She was previously press secretary for Sen. Michael Bennet (D-Colo.).

TUESDAY IN CONGRESS

The House convenes Tuesday at noon for morning business and 2 p.m. for legislative business.

The Senate returns Tuesday at 3 p.m. for legislative business.

AROUND THE HILL

*crickets*

 

POLITICO AT CES® 2024: We are going ALL On at CES 2024 with a special edition of the POLITICO Digital Future Daily newsletter. The CES-focused newsletter will take you inside the most powerful tech event in the world, featuring revolutionary products that cut across verticals, and insights from industry leaders that are shaping the future of innovation. The newsletter runs from Jan. 9-12 and will focus on the public policy-related aspects of the gathering. Sign up today to receive exclusive coverage of the show.

 
 
TRIVIA

THURSDAY’S WINNER: No one was able to identify former Sen. Bob Graham (D-Fla.) as the lawmaker who once worked for a day as a “pooper scooper,” a bellhop and Santa Claus.

TODAY’S QUESTION: Who was the first person of Jewish background to be elected to the Senate, and from which state?

The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to huddletrivia@politico.com.

GET INSIDE CONGRESS emailed to your phone each evening.

Follow me on X: @burgessev.

 

Follow us

Follow us on Facebook Follow us on Twitter Follow us on Instagram Listen on Apple Podcast
 

To change your alert settings, please log in at https://www.politico.com/_login?base=https%3A%2F%2Fwww.politico.com/settings

This email was sent to by: POLITICO, LLC 1000 Wilson Blvd. Arlington, VA, 22209, USA

| Privacy Policy | Terms of Service

More emails from POLITICO Inside Congress

Jan 10,2024 11:45 pm - Wednesday

Johnson’s rider push meets reality

Jan 08,2024 11:07 pm - Monday

What we've learned about Johnson