Playbook PM: Trump conviction could hinge on due process concerns

From: POLITICO Playbook - Friday Jan 22,2021 05:34 pm

Jan 22, 2021

By Rachael Bade, Laura Barrón-López, Eli Okun and Garrett Ross

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THE BIG NEWS OF THE MORNING …

SCHUMER: PELOSI WILL SEND ARTICLE OF IMPEACHMENT MONDAY — Senate Majority Leader CHUCK SCHUMER announced on the Senate floor this morning that Speaker NANCY PELOSI will send the articles of impeachment over Monday. That means, absent a bipartisan agreement to postpone the trial for two weeks as Senate Minority Leader MITCH MCCONNELL has requested, the trial will begin at 1 p.m. Tuesday. That essentially gives the two leaders the weekend and Monday to haggle out a deal on the process. More from Marianne Levine and Sarah Ferris

FRESH TAKE: VERDICT MAY HINGE ON DUE PROCESS CONCERNS — It’s quickly becoming apparent that Senate Republicans — even those who have said DONALD TRUMP committed impeachable offenses — have concerns about how this is all going down. During last week’s impeachment, House Democrats did not allow Trump’s lawyers to present evidence on his behalf, or give him a shot to rebut the charges against him. Sure, you can call this a red herring — and Democrats, no doubt, will. But traditionally, impeachments have allowed for this sort of rebuttal, and the lack of that opportunity for Trump is clearly causing some issues for the GOP.

That’s why McConnell laid a marker down Thursday, saying he believes Trump — no matter how guilty people think he may or may not be — deserves time to prepare and to have his case heard.

Remember, some Democrats have discussed a three-day trial. Sources tell us that Pelosi — in addition to Biden’s team — have privately made clear they want this done fast, though they’re leaving it to Schumer to negotiate.

But an abridged trial has pitfalls and will almost certainly repel some GOP votes. In one major red flag for Democrats, even Sen. LISA MURKOWSKI (R-Alaska) — the moderate who said she believes Trump committed impeachable offenses and floated leaving the GOP due to the events of Jan. 6 — said this today: “I think what McConnell laid down was eminently reasonable, in terms of making sure that we got process. Got to have processes. The process has to be fair.”

A House Judiciary Committee aide told Kyle Cheney that there’s no dispute over the facts this time — “We witnessed the high crime and misdemeanor in real-time on Jan. 6” — and therefore not a need for a long preparation or trial.

But what kind of precedent would this set for future impeachments?

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OTHER UNANSWERED QUESTIONS ON A TRIAL:

— WHO IS GOING TO PRESIDE? It’s still unclear whether the presiding official will be Chief Justice JOHN ROBERTS, VP KAMALA HARRIS or the longest-serving senator in the majority, PATRICK LEAHY (D-Vt.). A second option floating around: bringing in another judge.

— WILL THERE BE WITNESSES? Last time around, Democrats were adamant that the trial include witnesses, turning the entire process into a fight over what a “fair trial” looks like. This time, many Democrats say they don’t need them. But if Trump insists on calling people for his defense, will the House managers call in their own?

ALSO OF NOTE: SCHUMER said today that McConnell’s demand that their power-sharing agreement include a pledge not to abolish the filibuster is “unacceptable.”

BIPARTISANSHIP OR BUST, via Laura Barrón-López: The success of President JOE BIDEN’S legislative agenda could well be determined by whether Senate Democrats do away with the filibuster. Yet, so far at least, the president and his team appear to be keeping distance from those discussions, even as McConnell demands that filibuster reform be taken off the table before the Senate begins its business.

Democratic sources we’ve chatted with on and off the Hill say Biden wants to be seen as standing wholly apart from these Senate deliberations. Better to reap the potential benefits if it happens without suffering the costs of looking like he’s pushing for it, the thinking goes. Aides say Schumer already knows where Biden stands on the matter and, as such, doesn’t need guidance from him.

But where does Biden stand on the matter? Does he want to eliminate it?

“You’ve already seen him work with Republicans and Democrats and work toward a bipartisan approach to passing packages that will address the crises we’re facing,” White House press secretary JEN PSAKI said Thursday. “And that certainly is his priority and his preference.”

Does he want to preserve it, as our Anita Kumar asked in a follow-up at Thursday’s briefing.

“The president has been clear: He wants to work with members of both parties and find bipartisan paths forward. And I don’t have any more conversations to read out for you at this point in time,” Psaki said.

But only three days into Biden’s presidency, there’s little unity to be found. Still, Biden isn’t ready to quit Republicans. For now, it’s bipartisanship or bust.

THE BIDEN CABINET … WE HAVE A SECDEF: “Austin confirmed as first Black defense secretary,” by Connor O’Brien and Bryan Bender: “Austin's nomination was approved in a 93-2 blowout despite concerns among Democrats and Republicans about appointing another recently retired general to lead the Defense Department.”

— JANET YELLEN’S Treasury secretary nomination was voted out of Senate Finance unanimously. More from Victoria Guida

TRACK FIRST 100 DAYS OF THE BIDEN ADMINISTRATION: Track the first 100 Days of the Biden administration. Written for political insiders, this scoop-filled newsletter breaks big news and analyzes the initiatives, people and emerging power centers of the new administration. Subscribe today.

FIRST IN PLAYBOOK — NBC’s “Meet the Press” will have White House chief of staff RON KLAIN in his first Sunday show interview in his new role this weekend.

ABOUT LAST NIGHT — “‘Packed us together like sardines’: Guard deployed to Capitol struggles to contain Covid,” by Lara Seligman, Andrew Desiderio and Natasha Bertrand: “The National Guard has struggled to implement a plan to test troops flowing into and out of Washington for Covid-19, with some Guard members being forced to find their own tests and others pressured to leave their quarantine early to report to duty.

“Already, hundreds of Guard members who poured into Washington after the Jan. 6 assault on the U.S. Capitol have tested positive for Covid-19 or are quarantining in nearby hotels ... The problem was compounded on Thursday night, when thousands of troops who had been standing duty in the U.S. Capitol were told to vacate congressional buildings and take their rest breaks outside and in nearby parking garages.”

THE BIG QUESTION MARK IN WASHINGTON — “How Biden Plans to Beat Republican Obstructionism,” The Atlantic: “The trick, says Senator Cory Booker of New Jersey, will be lowering the expectations of an impatient Democratic base that is eager to press the party’s slim advantage by forcing votes on issues like Medicare for All or by making structural changes that could secure the party’s power. Booker says there aren’t enough votes to pass statehood for Washington, D.C. and Puerto Rico right now, nor for expanding the Supreme Court. …

“Democrats are planning to vote early and often in the new Congress, and to essentially dare Republicans to stand in their way on politically popular measures. … [L]ook for arguments over the filibuster to instead focus on COVID-19 relief (which will almost certainly end up tied to the infrastructure bill) or a new Voting Rights Act. If Republican senators hold those bills up by filibustering, Democrats would accuse them of standing in the way of helping Americans, or standing in the way of voting rights. Ending the filibuster would then be an easier sell.”

AFTERNOON READ — “Enemies, a Love Story: Inside the 36-year Biden and McConnell Relationship,” by Alex Thompson in POLITICO Magazine: “McConnell’s two speeches condemning Trump and his congressional enablers on the Senate floor during the counting of the Electoral College vote struck Biden advisers as sincere and a sign that he still cares about the club’s unwritten rules. Biden and McConnell have been in frequent contact since Election Day as well, the new president’s chief of staff, Ron Klain, said last week.

“But former McConnell aides warn that it’s a common mistake to assume that other Republicans will always fall into line behind the Kentucky senator. His great skill is understanding all his members’ needs, not necessarily in twisting arms, they say. So other Republicans will have to step up, as well.”

ACTION ON FOOD SECURITY — “Biden prepares executive orders aimed at combating hunger, protecting workers,” by Megan Cassella: “Through one executive order, Biden will ask the Department of Agriculture to consider increasing food assistance benefits and money to help families with schoolchildren buy groceries. He will ask the Treasury Department to consider taking action to ensure that more Americans who are eligible to receive economic relief checks are able to get them.

“And he will call on the Labor Department to clarify guidelines that until now had forced American workers who refused an offer to return to work to lose their unemployment benefits, even if heading back to the workplace would have put them or their families at heightened risk.” More from Helena Bottemiller Evich on the food aid payments

KEEP UP WITH CONGRESS IN 2021: Tensions remain high on Capitol Hill as we inaugurate a new president this week. How are lawmakers planning to move forward after a tumultuous few weeks? How will a new Senate majority impact the legislative agenda? With so much at stake, our new Huddle author Olivia Beavers brings you the most important news and critical insight from Capitol Hill with assists from POLITICO's deeply sourced Congress team. Subscribe to Huddle, the essential guide to understanding Congress.

THE VACCINE PICTURE — “Biden’s plan for federally run mass vaccination sites takes shape,” WaPo: “The plan is already taking shape in the form of a draft ‘Concept of Operations,’ which was obtained by The Washington Post. The document envisions FEMA, previously enlisted piecemeal in pandemic response, fully unleashed. … Shots administered at these sites are expected to draw on the vaccine supply made available to individual states and territories, and some large cities, rather than relying on a new federal allocation stream.

“A lack of abundant vaccine supply will remain the most pressing problem, probably through March. Enlisting FEMA, an agency of the Department of Homeland Security, is among the clearest signals that Biden intends to involve the federal government more directly in the administration of vaccines.”

VALLEY TALK — “Pressure rises on Biden to shut tech out,” by Nancy Scola: “A Silicon Valley résumé is looking increasingly toxic in Washington — and that’s complicating President Joe Biden’s efforts to fill out his team to take on tech. … Tech industry critics are seizing on the moment, and ramping up the pressure on Biden to think twice before hiring tech industry veterans for the many still-unfilled administration roles that touch on tech. While they had unsuccessfully raised objections to some of Biden’s early picks, they are marshaling more forces to oppose choices that, they say, are deal breakers.”

TALKER — “The Ignominious Deceits of Congressman Cawthorn,” The Nation: “Cawthorn frequently said on social media that he was ‘training’ for the Paralympic Games. Technically, such a statement could be true—but only in the sense that I could be training for the Olympic Games. … In addition to not being on a team, Cawthorn does not appear to have competed in any qualifying races. …

“[I]n one post from May 2019, Cawthorn uses the hashtag ‘qualifiers.’ In another post from February 2019, Cawthorn mentions that he is going to the ‘US Open’ in June. But [Amanda] McGrory told me, ‘There were no qualifying meets in 2019.’ Both she and [Brian] Siemann had no idea what the ‘US Open’ in Cawthorn’s post could possibly refer to.”

RECENT HISTORY — “What Jerry Brown Could Teach Joe Biden,” NYT: “The former California governor and Mr. Biden both inherited acute crises after taking over from celebrity politicians. One achieved a turnaround; the other is just getting started.”

BEHIND EVERY GREAT WOMAN — “Wave of Women in Congress Puts Men in Top Supporting Roles,” WSJ: “Charlie Capito debuted Thursday as the first male president of the Congressional Club, a bipartisan group of current and former spouses of lawmakers and other high-ranking officials founded in 1908.

“Mr. Capito, the husband of Sen. Shelley Moore Capito (R., W.Va.), begins his two-year term at a time when men are playing higher-profile supporting roles in U.S. politics, as more women enter Congress and the highest levels of elected office. … His goal, he said, is to help the club evolve to support the changing dynamics of congressional families, including the shift to two working spouses.”

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