Ketanji Brown Jackson pledges to decide cases ‘without fear or favor’
Supreme Court nominee Ketanji Brown Jackson pledged Monday to decide cases “without fear or favor” if the Senate confirms her historic nomination as the first Black woman on the high court. Jackson, 51, thanked God and professed love for “our country and the Constitution” in a 12-minute statement to the Senate Judiciary Committee at the end of her first day of confirmation hearings, nearly four hours almost entirely consumed by remarks from the panel’s 22 members. Republicans promised pointed questions over the coming two days, with a special focus on her record on criminal matters. Democrats were full of praise for President Joe Biden’s Supreme Court nominee. With her family sitting behind her, her husband in socks bearing George Washington’s likeness, Jackson stressed that she has been independent, deciding cases “from a neutral posture” in her nine years as a judge, and that she is ever mindful of the importance of that role. “I have dedicated my career to ensuring that the words engraved on the front of the Supreme Court building — equal justice under law — are a reality and not just an ideal,” she declared. Barring a significant misstep, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court. Jackson’s sternest Republican critics, as well as her Democratic defenders, all acknowledged the historic, barrier-breaking nature of her presence. There were frequent reminders that no Black woman had been nominated to the high court before her and repeated references to another unique aspect of her nomination: Jackson is the first former public defender nominated to be a justice. “It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said in support. Sen. Cory Booker, D-N.J., spoke of the “joy” in the room and acknowledged her family’s pride as Jackson’s parents beamed behind her. Booker repeated a story Jackson has frequently told about a letter her youngest daughter wrote to President Barack Obama several years ago touting her mother’s experience. “We are going to see a new generation of children talking about their mamas and daring to write the president of the United States that my mom should be on the Supreme Court,” Booker said. “I want to tell your daughter right now, that dream of hers is so close to being a reality.” In their opening statements, Democrats sought to preemptively rebut Republican criticism of her record on criminal matters as a judge and before that as a federal public defender and a member of the U.S. Sentencing Commission. Jackson “is not anti-law enforcement” and is not “soft on crime,” Sen. Patrick Leahy, D-Vt., said, noting that members of Jackson’s family have worked in law enforcement and that she has support from some national law enforcement organizations. ”Judge Jackson is no judicial activist.” The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Jackson’s judicial philosophy” without turning the hearings into a ”spectacle.” Sen. Lindsey Graham, R-S.C., noted that Democrats had opposed some past Republican judicial nominees who were Black or Hispanic, and he said that he and his GOP colleagues wouldn’t be deterred by Jackson’s race from asking probing questions. He said of some criticism from the left: “It’s about, ‘We’re all racist if we ask hard questions.’ That’s not going to fly with us.” Graham was one of three Republicans to support Jackson’s confirmation, 53-44, as an appellate judge last year. But he has indicated over the past several weeks that he is unlikely to vote for her again. While few Republicans are likely to vote for her, most GOP senators did not aggressively criticize Jackson, whose confirmation would not change the court’s 6-3 conservative majority. Several Republicans used their time to denounce Senate Democrats instead of Jackson’s record. The Republicans are trying to use her nomination to brand Democrats as soft on crime, an emerging theme in GOP midterm election campaigns. Biden has chosen several former public defenders for life-tenured judicial posts. In addition, Jackson served on the U.S. Sentencing Commission, an independent agency created by Congress to reduce disparity in federal prison sentences. With Jackson silently taking notes, Sen. Josh Hawley, R-Mo., said in his opening statement that his research showed that she had a pattern of issuing lower sentences in child pornography cases, repeating comments he wrote in a Twitter thread last week. The Republican National Committee echoed his claims, which Hawley did not raise when he questioned Jackson last year before voting against her appeals court confirmation. The White House, along with several Democrats at the hearing, has rejected Hawley’s criticism as “toxic and weakly presented misinformation.” Former Alabama Sen. Doug Jones, who is guiding Jackson as she navigates the Senate process, told reporters afterward that “she will be the one to counter many of those questions” from Hawley and others on Tuesday and Wednesday. Hawley is one of several committee Republicans, along with Ted Cruz of Texas and Tom Cotton of Arkansas, who are potential 2024 presidential candidates, and their aspirations may collide with other Republicans who would prefer not to pursue a scorched-earth approach to Jackson’s nomination. Her testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a broader resume than many nominees. She would be the first justice with significant criminal defense experience since Marshall. Jackson appeared before the same committee last year, after Biden chose her to fill an opening on the federal appeals court in Washington, just down the hill from the Supreme Court. The American Bar Association, which evaluates judicial nominees, has given her its highest rating, “well qualified.” Biden chose Jackson in February, fulfilling a campaign pledge to nominate a Black woman to the Supreme Court for the first time in American history. She would take the seat of Justice
Volodymyr Zelenskyy’s ‘desperate’ plea to Congress: Send more planes
Fighting for his country’s survival, Ukraine’s leader made a “desperate” plea Saturday to American lawmakers for the United States to help get more warplanes to his military and cut off Russian oil imports as Kyiv tries to stave off the Russian invasion. President Volodymyr Zelenskyy opened the private video call with U.S. lawmakers by telling them this may be the last time they see him alive. He has remained in Kyiv, the capital, which has a vast Russian armored column threatening from the north. Appearing in what is now his trademark army-green shirt in front of a white wall with the Ukrainian flag, he told them Ukraine needs to secure its skies, either through a no-fly zone enforced by NATO or through the provision of more warplanes so Ukraine could better defend itself. Zelenskyy has been pleading for a no-fly zone for days, but NATO has refused, saying it could provoke a widespread war with Russia. The hourlong exchange with some 300 members of Congress and their staffs came as Russian troops continued to shell encircled cities, and the number of Ukrainians who have fled the country grew to 1.4 million. “President Zelenskyy made a desperate plea,” said Senate Majority Leader Chuck Schumer. He said Zelenskyy wants the U.S. to facilitate the transfer of planes from Eastern European allies. “I will do all I can to help the administration to facilitate their transfer,” Schumer said. The U.S. is considering sending American-made F-16s as backfill to former Soviet bloc countries in Eastern Europe that are now members of NATO. They, in turn, would send Ukraine their own Soviet-era MiGs, which Ukrainian pilots are trained to fly. There appears to be a logistical problem, however, in sending the F-16s to Poland or other East European allies because of a production backlog. These countries would essentially have to give their MiGs to the Ukrainians and accept an IOU from the U.S. for the F-16s. The situation is further complicated because the next shipment of F-16s is set for Taiwan, and Congress would be reluctant to delay those deliveries as it eyes China. Secretary of State Antony Blinken indicated the fighter jets are under consideration after meeting with Ukrainian Foreign Minister Dymtro Kuleba at the Poland-Ukraine border outside the town of Korczowa. “We are talking about and working on everything,” Blinken told reporters. Blinken reiterated that the U.S. support for Ukraine “not only has been unprecedented, not only is it going to continue, it’s going to increase.” The U.S. Congress is working on a $10 billion package of military and humanitarian aid to Ukraine. Schumer told Zelenskyy lawmakers hope to send it quickly to Ukraine, according to a person on the call, and granted anonymity to discuss it. When Senate Republican leader Mitch McConnell asked about the types of military support his country needs, Zelenskyy said drones as well as planes would be the most helpful. During the call, Democratic Sen. Joe Manchin of West Virginia asked Zelenskyy about the idea of banning the import of Russian oil to the U.S., according to two other people granted anonymity to discuss the private call. They said Zelenskyy indicated such a ban would be effective in putting pressure on Russia. Republicans and a growing number of Democrats, including Speaker Nancy Pelosi, back the idea of a Russian oil import ban. The Biden administration has so far resisted that step, worried about rising prices at the pump. Zelenskyy urged U.S. lawmakers to sanction Russia’s oil and gas sector, which has so far escaped the mounting sanctions imposed by the Biden administration and other countries. The Ukrainian leader also urged lawmakers to suspend Visa and Mastercard credit card access in Russia — and the two announced later Saturday that they were doing just that. Mastercard said cards issued by Russian banks will no longer be supported by its network, and any card issued outside the country will not work at Russian stores or ATMs. Visa said it’s working with clients and partners in Russia to cease all Visa transactions over the coming days. In a video posted to Twitter after the call, Sen. Lindsey Graham, R-S.C., said: “Anything that could hurt the Russian economy will help the Ukrainian people and may make this war more difficult for Putin.” Zelenskyy’s office said he also suggested the U.S. consider imposing an embargo on all Russian goods and stripping Russia of its most-favored-nation trade status. Lawmakers are concerned that Zelenskyy will be killed in the Russian invasion. They are also worried that a Ukrainian government under assault will be unable to function and to receive aid. When one lawmaker asked diplomatically what would happen if he was killed, Zelenskyy acknowledged the concerns but implored Congress to do whatever it can to help Ukraine fight off Russia’s assault on his country. Sen. Ben Sasse, R-Neb., said in a statement that Zelenskyy’s “message is simple: ‘close the skies or give us planes.’”
Congress backs Joe Biden on Russia sanctions, clamors for more
With rare but fragile alignment, the U.S. Congress is largely backing President Joe Biden’s decision to confront Russia with potentially escalating sanctions for the crisis in Ukraine as lawmakers brace for perhaps the most daunting foreign policy crisis the nation has faced in a generation. But the next steps are highly volatile. With isolationist impulses rising at home, Congress has no appetite for war. Yet Americans also appear ambivalent about the U.S. working to keep the peace. New polling from The Associated Press and NORC says just 26% of Americans want the U.S. to play a major role in the Russia-Ukraine conflict. House Speaker Nancy Pelosi said Wednesday that Russia’s aggression toward Ukraine is “an attack on democracy,” vowing that the U.S. will stand united with its allies around the world in swiftly imposing sanctions on Russia and ensuring financial and political support for an independent Ukraine. Pelosi, who returned to the Capitol from a diplomatic overseas trip, situated the aggression from Russia toward Ukraine alongside intervention in the United States’ own democratic process during the 2016 election. “There will be a price to pay for Vladimir Putin,” she said, flanked by lawmakers who had joined her delegation at the annual security conference in Munich. While Republican critics of the Biden administration — and even some Democrats — want the White House to go even tougher with swifter and more severe sanctions on Russia, most have given varying degrees of support for the White House strategy, including Biden’s move Wednesday to sanction the company building the Russia-to-Germany Nord Stream 2 gas pipeline. The top Republican on the Foreign Relations Committee, Sen. Jim Risch of Idaho, said sanctions on Nord Stream 2 are “long overdue, but I cannot overstate how critical they are to showing Putin that violating a nation’s sovereignty has consequences.” Risch, who has worked with colleagues on a bipartisan basis for years trying to end the pipeline, said: “It is good to see President Biden do the right thing.” Republican leaders have sought to steer the conversation to their preferred terms, as the party whose defense hawks once led the nation on the national security front. But it’s not at all clear whether today’s GOP can keep Republicans from tapping into an impassioned non-interventionist strain unleashed by Donald Trump’s “America First” approach. It was Trump who sought to strip protections for Ukraine from the Republican Party platform for the 2016 election and who was impeached by the House for abuse of power after he pressured the Ukrainian president to dig up dirt on Biden ahead of the 2020 campaign. This week, Trump cheered on Putin as he massed military forces near Ukraine’s border and recognized the independence of its separatist regions in a move Biden and others warned was the start of an invasion of Ukraine. As president, Trump had been critical of NATO, working to distance the U.S. from the historic partnership and berating allies to contribute more money to defense. Senate Republican leader Mitch McConnell, a longtime champion of NATO, spoke highly of the Western alliance this week, but some within his party are gravitating away from that traditional Republican position and toward Trump’s views. McConnell said he wants to see Biden impose the “toughest possible sanctions.” Other Republicans, though, most notably Sen. Josh Hawley of Missouri, a potential Republican presidential hopeful, has said the U.S. should be paying closer attention to the greater challenges he believes are posed by China. Still, most Republican senators are backing Biden’s sanctions on Putin, even if some are clamoring for more and taking political punches at Biden for seeming too tepid. Republican Sen. Lindsey Graham of South Carolina, a sometimes Trump ally who is also one of the party’s leading defense hawks and who used to globetrot with fellow GOP Sen. John McCain, invoked his late colleague this week in urging Biden to confront Putin more forcefully. Graham said Congress should impose “sanctions from hell” on Putin and his regime when lawmakers return to work next week. Sen. Ted Cruz, who had single-handedly blocked Biden’s nominees for various State Department posts to halt the Russia-to-Germany pipeline, said with the announced new sanctions, he would lift his blockade. “President Biden has now taken positive steps,” Cruz, R-Texas, said in a statement. “But much more still needs to be done to deter and counter the threat that Putin poses to our allies in Ukraine and across Europe.” Pelosi said Russians need to understand what their leader is doing. “It’s stunning to see in this day and age a tyrant roll into a country,” Pelosi said. “This is the same tyrant who attacked our democracy in 2016,” It’s unclear what more, if anything, Congress will do to confront Russia, as lawmakers hold back their own legislative response to Putin while Biden engages U.S. allies in a more global strategy. The Senate has bipartisan support for a robust sanctions package, but after running into differences over the scope and timing of the response decided to shelve a vote as the White House pursued its own approach. Graham has suggested a supplemental spending package for Ukraine, which already receives money and defensive equipment from the U.S., but it does not yet appear that additional funds are being considered. Republished with the permission of the Associated Press.
Donald Trump dangles prospect of pardons for January 6 defendants
Former President Donald Trump is dangling the prospect of pardons for supporters who participated in the deadly January 6 storming of the U.S. Capitol if he returns to the White House. “If I run and if I win, we will treat those people from January 6th fairly,” Trump said Saturday night during a rally in Conroe, Texas. “And if it requires pardons, we will give them pardons because they are being treated so unfairly.” The offer represents an attempt by Trump to further minimize the most significant attack on the seat of government since the War of 1812. Participants smashed through windows, assaulted police officers, and sent lawmakers and congressional staff fleeing for their lives while trying to halt the peaceful transition of power and the certification of rival Joe Biden’s victory. More than 700 people have been arrested and charged with federal crimes in connection with the riot, marking the largest investigation in the Justice Department’s history. The tally includes more than 150 people charged with assaulting police officers, more than 50 charged with conspiracy, and charges of seditious conspiracy against the founder and leader of the far-right Oath Keepers militia group, and ten other members or associates. More than 100 police officers were injured, some critically, after Trump supporters stormed the Capitol on January 6, 2021, following a “Stop the Steal” rally by Trump near the White House in which he falsely claimed Biden had won the election through massive voter fraud. Two Republican senators on Sunday criticized Trump’s suggestion of pardons as inappropriate. Maine Sen. Susan Collins, one of seven GOP senators who backed an unsuccessful bid to convict Trump on impeachment charges for his role in stoking the January 6 riot, said it would be “very unlikely” she would support him if he ran in 2024. “January 6th was a dark day in our history,” she told ABC’s “This Week.” “We should let the judicial process proceed.” Sen. Lindsey Graham, R-S.C., rejected Trump’s comments as sending a wrong message that it’s OK to defile the Capitol. For the January 6 offenders, “I hope they go to jail and get the book thrown at them because they deserve it,” Graham told CBS’ “Face the Nation.” As president, Trump used his pardon power to pardon or commute the sentences of numerous political allies, friends, and associates, including his former chief strategist, Steve Bannon; his former campaign chair, Paul Manafort; his former national security adviser, Michael Flynn; and a longtime friend and political ally, Roger Stone. Trump has criticized the Democrat-led House for its ongoing investigation of the riot. While his supporters overran the Capitol on January 6, Trump ignored desperate pleas from allies to forcefully disavow the attack and has repeatedly praised those who participated in the protest. “It was a lot of love there,” he said recently of those who attended the rally in an interview on Fox News. “Believe me, there was a lot of love and a lot of friendship and people that love our country.” Trump, who was impeached by the House for his role in inciting the insurrection but acquitted by the Senate, has been teasing a third run for the White House in 2024. Republished with the permission of the Associated Press.
Three senators test positive for COVID in breakthrough cases
Three senators said Thursday they have tested positive for COVID-19 despite being vaccinated, a high-profile collection of breakthrough cases that comes as the highly infectious delta variant spreads rapidly across the United States. Sens. Angus King, I-Maine, Roger Wicker, R-Miss., and John Hickenlooper, D-Colo., all said they have tested positive for the virus. Almost every member of the Senate spent long hours together on the chamber’s floor last week in an all-night session of budget votes before leaving town for August recess. King said he began feeling feverish Wednesday and took a COVID test at his doctor’s suggestion. “While I am not feeling great, I’m definitely feeling much better than I would have without the vaccine,” King said. Wicker’s office said he tested positive for the virus Thursday morning. “Senator Wicker is fully vaccinated against COVID-19, is in good health, and is being treated by his Tupelo-based physician,” a statement from his staff read. “He is isolating, and everyone with whom Senator Wicker has come in close contact recently has been notified.” Hickenlooper announced his positive test a few hours later. “I feel good but will isolate per docs instructions. I’m grateful for the vaccine (& the scientists behind it!) for limiting my symptoms,” Hickenlooper tweeted. “If you haven’t gotten your shot—get it today! And a booster when it’s available too!” The breakthrough cases emerged the day after U.S. health officials announced plans to dispense COVID-19 booster shots to Americans. They said the shots are needed to shore up their protection against the delta variant amid signs that the vaccines’ effectiveness is waning over time. Sen. Lindsey Graham, R-S.C. had announced Aug. 2 that he had tested positive for COVID-19 despite being vaccinated. “Sending best wishes for a speedy recovery to my good friends and colleagues,” he tweeted Thursday. “If you have not already done so please #GetVaccinated,” Graham added. Dozens of members of Congress have reported testing positive for COVID-19. Rep. Ron Wright, R-Texas, 67, died from the disease early this year while Rep.-elect Luke Letlow, R-La., 41, died in December before being sworn into office. Republished with the permission of the Associated Press.
Lindsey Graham says he’s told Donald Trump to ‘speak up’ on COVID vaccines
As he recovers from a breakthrough infection of the coronavirus, Sen. Lindsey Graham said Thursday that he has urged former President Donald Trump to press his supporters to get the COVID-19 vaccine, which the South Carolina Republican called “the antidote to the virus that’s wreaking havoc on our hospitals.” “I’ve urged him to be aggressive and say, ‘Take the vaccine,’” Graham said in an extensive interview with The Associated Press, his first since disclosing this week that he had tested positive for the virus, months after being vaccinated. On Monday, Graham said he had tested positive days after gathering with a handful of Senate colleagues on Sen. Joe Manchin’s houseboat. That same night, Saturday, Graham said he began experiencing flu-like symptoms. Saying he felt “achy and kind of yucky” through the weekend, Graham said Thursday that his symptoms had been steadily improving, although Monday and Tuesday were “pretty tough days.” He said he believed his symptoms would have been much worse had he not been vaccinated. “It went from sort of a mild sinus infection until just a full-blown, feeling like crap,” Graham told AP. Graham declined to talk about the Manchin event on Thursday, except to say that “everybody there was vaccinated.” Long a proponent of vaccination, Graham received his shots in December. Asked Thursday if President Joe Biden planned to highlight pro-vaccine comments from Republicans like Graham, White House press secretary Jen Psaki said vaccination “is not political to us” but added, “We think it’s great that he’s out there talking about the impact of the vaccine.” Graham is a longtime ally of Trump, who received the vaccine earlier this year. This week, former Health and Human Services Secretary Alex Azar wrote in an op-ed for The New York Times that he wished that Trump had gotten the shot publicly so that his supporters could “see how much trust and confidence he has” in the vaccines. In March, Trump said on Fox News that he would recommend vaccination to “a lot of people that don’t want to get it, and a lot of those people voted for me.” But last month, at a rally in Phoenix, Trump told supporters that he felt some people were not taking the vaccine because they “don’t trust” President Joe Biden and stressed people’s “freedoms 100 percent” to do what they felt best. On Thursday, Graham said he had just gotten off the phone with Trump, who had been checking on him every day during his illness. He applauded Trump’s work to develop the vaccine and said he saw vaccinations as necessary for the country to regain its footing. “He’s very proud of that accomplishment,” Graham said. “From a conservative person’s point of view, we should do all we can as a nation to get our economy back up and running and to protect our way of life.” Recognizing that taking the vaccine might be a “sacrifice” for some, Graham said the task paled in comparison with others that have been required of Americans in the past. “No one’s being asked to go off to fight radical Islam or fight a foreign enemy. We’re being asked to make responsible medical decisions,” Graham said. “Take the vaccine.” Republished with the permission of the Associated Press.
Tommy Tuberville joins Raphael Warnock and other leaders in bipartisan support for peanut farmers
Senators Tommy Tuberville and Raphael Warnock led 17 colleagues in a bipartisan push to reduce restrictive trade barriers and expand export market access for domestic peanut farmers and processors. The letter was sent to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack and U.S. Trade Representative (USTR) Ambassador Katherine Tai. According to Tuberville’s press release, removing trade barriers for peanut farmers and processors would give a financial boost to the domestic peanut sector, increase international market access, and create job opportunities across the country. The letter states, “As U.S. Senators who proudly represent peanut farmers in our states, we strongly support joint efforts by USDA and USTR to engage with your E.U. counterparts with the goal of reducing existing non-tariff trade barriers on peanut exports. Increased market access will ultimately benefit the peanut farmers in our states, and we stand ready to support your efforts on their behalf.” Sen. Warnock stated on Twitter, “With GA leading the nation in peanut production, I was proud to lead a bipartisan group of Senators in pushing @USTradeRep & @USDA to expand export market access for our hardworking domestic farmers & processors. When we champion our farmers, we champion GA & our nation.” With GA leading the nation in peanut production 🥜, I was proud to lead a bipartisan group of Senators in pushing @USTradeRep & @USDA to expand export market access for our hardworking domestic farmers & processors. When we champion our farmers, we champion GA & our nation. — Senator Reverend Raphael Warnock (@SenatorWarnock) June 23, 2021 The senators who signed the letter include Senators John Boozman (R-AR), Richard Burr (R-NC), Bill Cassidy (R-LA), Tom Cotton (R-AR), John Cornyn (R-TX), Ted Cruz (R-TX), Lindsey Graham (R-SC), Cindy Hyde-Smith (R-MS), Tim Kaine (D-VA), Jon Ossoff (D-GA), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Richard Shelby (R-AL), Thom Tillis (R-NC), Mark Warner (D-VA), and Roger Wicker (R-MS). A copy of the letter can be found here and below: Dear Secretary Vilsack and Ambassador Tai, We write to bring your attention to ongoing nontariff trade barriers from the European Union (E.U.) affecting the domestic peanut sector. We encourage the U.S. Department of Agriculture (USDA) and the Office of the U.S. Trade Representative (USTR) to prioritize interagency collaboration and industry engagement in order to negotiate an effective solution with your E.U. counterparts that will ultimately allow increased market access for U.S. peanuts. According to data published by USDA, domestic peanut farmers produced over 1.6 million acres of peanuts in 2020 with a farm gate value over $1.2 billion. Due to their susceptibility to naturally-occurring aflatoxin, domestic peanut growers are subject to USDA testing to ensure all peanuts harvested for human consumption are safe to enter the food supply. U.S. growers have a long history of partnering with USDA to ensure their harvest is safe, with USDA also working on research initiatives to address the underlying causes of aflatoxin contamination and to improve post-harvest handling. Collectively, these efforts demonstrate that U.S. farmers and government officials are actively working to ensure that peanuts produced domestically are safe. In 2020, an estimated 668,000 metric tons of U.S. produced peanuts were exported to international markets. Unfortunately, stringent E.U. testing requirements for aflatoxin are preventing increased U.S. exports into this high-value market. In recent years, the U.S. industry estimates they have lost approximately $170 million in sales into the E.U. due to difficulties presented by these burdensome testing requirements. A review of data from the first quarter 2021 indicates an additional $130 million in anticipated lost sales. Without efforts to negotiate a workable solution that will increase opportunities for domestic peanut operations, our farmers and businesses will continue to struggle with prohibitive requirements set by international partners. As U.S. Senators who proudly represent peanut farmers in our states, we strongly support joint efforts by USDA and USTR to engage with your E.U. counterparts with the goal of reducing existing non-tariff trade barriers on peanut exports. Increased market access will ultimately benefit the peanut farmers in our states, and we stand ready to support your efforts on their behalf. Thank you for consideration of this request.
Paid in full? Biden, GOP struggle over infrastructure costs
Congressional negotiators and the White House appear open to striking a roughly $1 trillion deal on infrastructure. But they are struggling with the hard part — how to pay for it. As President Joe Biden jumps back into the talks this week, the question of where the money will come from looms large. And time is running short to solve it. Biden wants to increase taxes for corporations and those households making more than $400,000 a year. Republicans have ruled that out, putting forward alternatives that Democrats find unacceptable. Both sides have said the infrastructure spending should be paid for and not add to the national debt. It’s a long-standing challenge with no easy solution, one that puts the bipartisan agreement around infrastructure in tension with the nettlesome realities of governing. It’s a problem that has thwarted previous attempts at an infrastructure bill, including during the Trump administration, and their ability to solve it now is likely to determine whether a bipartisan accord is possible. Senate Republican leader Mitch McConnell has said user fees are the way to go. But the White House and key Democratic lawmakers oppose increasing the user fee that has traditionally funded road and bridge construction, the federal gas tax, even if the increase is just allowing it to rise at the rate of inflation from its current level of 18.4 cents per gallon. The federal gas tax has not increased since 1993. “The president’s pledge was not to raise taxes on Americans making less than $400,000 a year, and the proposed gas tax or vehicle mileage tax would do exactly that,” said White House press secretary Jen Psaki. “So that is a nonstarter for him. I’d also note for the mathematicians in the room that only raises $40 billion, which is a fraction of what this proposal would cost.” Biden hosted two key Democratic senators, Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, at the White House on Monday. He told them he was encouraged by the plans that were taking shape but still had questions about the policy and the financing for the proposal, a White House official said. Biden also said he was focused on budget resolution discussions. The two senators were among a group huddling late Monday at the Capitol, some emerging upbeat that a bipartisan deal was within reach. “Significant progress,” said Sen. Susan Collins, R-Maine. Sen. Jon Tester, D-Mont., said they were “very close” to having a full proposal from the bipartisan group as soon as Tuesday. One idea under consideration is reallocating money already approved as part of COVID-19 relief measures. Sen. Rob Portman, R-Ohio, said Sunday that they’re looking at repurposing more than $100 billion from COVID-19 relief to help pay for infrastructure. He put the onus on the White House to put forward other ideas since Democrats are balking at indexing the gas tax to inflation or creating a user fee for electric vehicles. “The administration, therefore, will need to come forward with some other ideas without raising taxes,” Portman said on NBC’s “Meet the Press.” “What we don’t want to do is hurt the economy right now as we’re coming out of this pandemic by raising taxes on working families.” With the gas tax likely out, other ideas include raising revenue from communication spectrum leases, and both parties are eyeing funds that could be raised by going after tax dodgers. The Republicans estimate about $63 billion could be raised by beefing up enforcement by the Internal Revenue Service. Democrats say the amount could be even higher. Another complication in the negotiations is that many Democrats question whether the size and scope of the infrastructure package being discussed by the White House and senators is adequate. Within the $1 trillion package, about $579 billion would be new spending, and the remainder would be a continuation of existing programs. Many Democrats are wary of a repeat of 2009 when Barack Obama was president, and they spent months negotiating the details of the Affordable Care Act with Republicans. Eventually, Democrats passed the package that became known as “Obamacare” on their own. “The amount of money that they are proposing is about one-quarter of what the president talked about in terms of new money. That’s not adequate,” said Sen. Bernie Sanders, I-Vt., on CNN’s “State of the Union.” Lawmakers are also hoping to influence more than the price tag of the infrastructure bill. One senator key to the talks, Manchin, unveiled his own draft proposal Monday for green energy infrastructure investments. The 423-page bill contains a wish list of energy-related proposals, and he’ll hold a hearing on the plan Thursday in the Senate Energy and Natural Resources Committee. Senate Majority Leader Chuck Schumer, D-N.Y., has described the infrastructure bill being negotiated as a good start. But he says most Democrats don’t believe it does enough on climate and also want it to address priorities like paid family leave. He is pushing a “two-track” approach that leaves open the possibility of a far larger bill without Republican votes. Using a special budget, the second infrastructure bill would only take a simple majority of 51 votes to pass. Such a measure could include more of the priorities laid out by Biden as part of his $1.8 trillion American Families Plan, such as paid family leave and universal pre-K for 3- and 4-year-olds. Sen. Lindsey Graham, R-S.C., warned the administration not to go that route. “I would just say to President Biden, you’ve got a party that’s divided. You’ve got a Republican Party that’s willing to meet you in the middle for a trillion dollars of infrastructure that could fundamentally change the way America does business in roads, ports, and bridges and accelerate electrical vehicles,” Graham said on “Fox News Sunday.” “You’ve got to decide what kind of president you are and what kind of presidency you want.” Republished with the permission of the Associated Press.
Senate Republicans back Donald Trump as impeachment trial nears
Donald Trump’s defenders in the Senate on Sunday rallied around the former president before his impeachment trial, dismissing it as a waste of time and arguing that the former president’s fiery speech before the U.S. Capitol insurrection does not make him responsible for the violence of Jan. 6. “If being held accountable means being impeached by the House and being convicted by the Senate, the answer to that is no,” said Republican Sen. Roger Wicker of Mississippi, making clear his belief that Trump should and will be acquitted. Asked if Congress could consider other punishment, such as censure, Wicker said the Democratic-led House had that option earlier but rejected it in favor of impeaching him. “That ship has sailed,” he said. The Senate is set to launch the impeachment trial Tuesday to consider the charge that Trump’s fighting words to protesters at a Capitol rally, as well as weeks of falsehoods about a stolen and rigged presidential election, provoked a mob to storm the Capitol. Five people died as a result of the melee, including a police officer. Many senators including Senate Republican leader Mitch McConnell immediately denounced the violence and pointed a finger of blame at Trump. Following the riot, Wicker said Americans “will not stand for this kind of attack on the rule of law” and without naming names, said “we must prosecute” those who undermine democracy. But with Trump now gone from the presidency, Republicans have shown little political appetite to take further action, such as an impeachment conviction that could lead to barring him from running for future office. Those partisan divisions appear to be hardening ahead of Trump’s trial, a sign of his continuing grip on the GOP. On Sunday, Wicker described Trump’s impeachment trial as a “meaningless messaging partisan exercise.” When asked if Trump’s conduct should be more deserving of impeachment than President Bill Clinton’s, whom Wicker voted to impeach, he said: “I’m not conceding that the President Trump incited an insurrection.” Clinton’s impeachment, in 1998, was sparked by his false denial in a deposition of a sexual relationship with a White House intern. Republican Sen. Rand Paul of Kentucky dismissed Trump’s trial as a farce with “zero chance of conviction,” describing Trump’s words to protesters to “fight like hell” as Congress was voting to ratify Joe Biden’s presidential victory as “figurative” speech. “If we’re going to criminalize speech, and somehow impeach everybody who says, ‘Go fight to hear your voices heard,’ I mean really we ought to impeach Chuck Schumer then,” Paul said, referring to the now Democratic Senate majority leader and his criticisms of Justices Neil Gorsuch and Brett Kavanaugh. “He went to the Supreme Court, stood in front of the Supreme Court, and said specifically, ‘Hey Gorsuch, Hey Kavanaugh, you’ve unleashed a whirlwind. And you’re going to pay the price.’” Paul noted that Chief Justice John Roberts had declined to preside over this week’s impeachment proceeding because Trump was no longer president. Democratic Sen. Patrick Leahy of Vermont will preside over the trial as Senate president pro tempore. “It is a farce, it is unconstitutional. But more than anything it’s unwise, and going to divide the country,” Paul said. Last month, Paul forced a vote to set aside the trial as unconstitutional because Trump is no longer in office, which legal experts say is disputable. But the vote suggested the near impossibility in reaching a conviction in a Senate where Democrats hold 50 seats but a two-thirds vote — or 67 senators — would be needed to convict Trump. Forty-four Republican senators sided with Paul and voted to oppose holding an impeachment trial at all. Five Republican senators joined with Democrats to reject Paul’s motion: Mitt Romney of Utah, Ben Sasse of Nebraska, Susan Collins of Maine, Lisa Murkowski of Alaska, and Pat Toomey of Pennsylvania. Some Republicans have said the vote doesn’t “bind” them into voting a particular way on conviction, with Republican Sen. Bill Cassidy of Louisiana saying Sunday he would listen carefully to the evidence. But even Trump’s sharper GOP critics on Sunday acknowledged the widely expected outcome. “You did have 45 Republican senators vote to suggest that they didn’t think it was appropriate to conduct a trial, so you can infer how likely it is that those folks will vote to convict,” said Toomey, who has made clear he believes Trump committed “impeachable offenses.” “I still think the best outcome would have been for the president to resign” before he left office, he said. “Obviously he chose not to do that.” Republican Sen. Lindsey Graham of South Carolina, one of Trump’s ardent defenders, said he believes Trump’s actions were wrong and “he’s going to have a place in history for all of this,” but insisted it’s not the Senate’s job to judge. “It’s not a question of how the trial ends, it’s a question of when it ends,” Graham said. “Republicans are going to view this as an unconstitutional exercise, and the only question is, will they call witnesses, how long does the trial take? But the outcome is really not in doubt.” Wicker spoke on ABC’s “This Week,” Paul was on “Fox News Sunday,” Toomey appeared on CNN’s “State of the Union,” and Graham was on CBS’ “Face the Nation.” Republished with the permission of the Associated Press.
Donald Trump names 2 lawyers to impeachment defense team, one from Alabama
Former president Donald Trump announced a new impeachment legal defense team Sunday, one day after it was revealed that he had parted ways with an earlier set of attorneys with just over a week to go before his Senate trial. The two lawyers representing him will be David Schoen, a criminal defense lawyer with offices in Alabama and New York, and Bruce Castor, a former county prosecutor in Pennsylvania. Both issued statements through a Trump adviser saying that they were honored to take the job. “The strength of our Constitution is about to be tested like never before in our history. It is strong and resilient. A document written for the ages, and it will triumph over partisanship yet again, and always,” said Castor, who served as district attorney for Montgomery County, outside of Philadelphia, from 2000 to 2008. The announcement Sunday was intended to promote a sense of stability surrounding the Trump defense team as his impeachment trial nears. The former president has struggled to hire and retain attorneys willing to represent him against charges that he incited the deadly riot at the U.S. Capitol, which happened when a mob of loyalists stormed Congress as lawmakers met Jan. 6 to certify Joe Biden’s electoral victory. That’s a contrast from his first impeachment trial, when Trump’s high-profile team of attorneys included Alan Dershowitz, one of the best-known criminal defense lawyers in the country, as well as White House counsel Pat Cipollone, and Jay Sekulow, who has argued cases before the Supreme Court. Trump’s team had initially announced that Butch Bowers, a South Carolina lawyer, would lead his legal team after an introduction from Republican Sen. Lindsey Graham. But that team unraveled over the weekend due to differences over legal strategy. One person familiar with their thinking said Bowers and another South Carolina lawyer, Deborah Barbier, left the team because Trump wanted them to use a defense that relied on allegations of election fraud, and the lawyers were not willing to do so. The person was not authorized to speak publicly about the situation and requested anonymity. Republicans and aides to Trump, the first president to be impeached twice in American history, have made clear that they intend to make a simple argument in the trial: Trump’s trial, scheduled for the week of Feb. 8, is unconstitutional because he is no longer in office. “The Democrats’ efforts to impeach a president who has already left office is totally unconstitutional and so bad for our country,” Trump adviser Jason Miller has said. Many legal scholars, however, say there is no bar to an impeachment trial despite Trump having left the White House. One argument is that state constitutions that predate the U.S. Constitution allowed impeachment after officials left office. The Constitution’s drafters also did not specifically bar the practice. Castor, a Republican who was the elected district attorney of Pennsylvania’s third-most populated county, decided against charging Cosby in a 2004 sexual encounter. He ran for the job again in 2015, and his judgment in the Cosby case was a key issue used against him by the Democrat who defeated him. Castor has said that he personally thought Cosby should have been arrested, but that the evidence wasn’t strong enough to prove the case beyond a reasonable doubt. In 2004, Castor ran for state attorney general unsuccessfully. In 2016, he became the top lieutenant to the state’s embattled attorney general — Kathleen Kane, a Democrat — as she faced charges of leaking protected investigative information to smear a rival and lying to a grand jury about it. She was convicted, leaving Castor as the state’s acting attorney general for a few days. Schoen met with financier Jeffrey Epstein about joining his defense team on sex trafficking charges just days before Epstein killed himself in a New York jail. In an interview with the Atlanta Jewish Times last year, Schoen said he had also been approached by Trump associate Roger Stone before Stone’s trial about being part of the team and that he was was later retained to handle his appeal. Trump commuted Stone’s sentence and then pardoned him. Schoen maintained in the interview that the case against Stone was “very unfair and politicized.” Neither Schoen nor Castor returned phone messages seeking comment Sunday evening. Republished with the permission of the Associated Press.
GOP largely sides against holding Donald Trump impeachment trial
All but five Senate Republicans voted in favor of an effort to dismiss Donald Trump’s historic second impeachment trial on Tuesday, making clear a conviction of the former president for “incitement of insurrection” after the deadly Capitol siege on Jan. 6 is unlikely. While the Republicans did not succeed in ending the trial before it began, the test vote made clear that Trump still has enormous sway over his party as he becomes the first former president to be tried for impeachment. Many Republicans have criticized Trump’s role in the attack — before which he told his supporters to “fight like hell” to overturn his defeat — but most of them have rushed to defend him in the trial. “I think this was indicative of where a lot of people’s heads are,” said South Dakota Sen. John Thune, the No. 2 Republican in the Senate, after the vote. Late Tuesday, the presiding officer at the trial, Sen. Patrick Leahy, D-Vt., was taken to the hospital for observation after not feeling well at his office, spokesman David Carle said in a statement. The 80-year-old senator was examined by the Capitol’s attending physician, who recommended he be taken to the hospital out of an abundance of caution, he said. Later Tuesday, Carle said Leahy had been sent home “after a thorough examination” and was looking forward to getting back to work. Leahy presided over the trial’s first procedural vote, a 55-45 tally that saw the Senate set aside an objection from Kentucky Sen. Rand Paul that would have declared the impeachment proceedings unconstitutional and dismissed the trial. The vote means the trial on Trump’s impeachment will begin as scheduled the week of Feb. 8. The House impeached him Jan. 13, just a week after the deadly insurrection in which five people died. What seemed for some Democrats like an open-and-shut case that played out for the world on live television is running into a Republican Party that feels very different. Not only do senators say they have legal concerns, but they are wary of crossing the former president and his legions of followers. It’s unclear if any Republicans would vote to convict Trump on the actual charge of incitement after voting in favor of Paul’s effort to declare it unconstitutional. Ohio Sen. Rob Portman said after the vote that he had not yet made up his mind, and that constitutionality “is a totally different issue” than the charge itself. But many others indicated that they believe the final vote will be similar. The vote shows that “they’ve got a long ways to go to prove it,” Iowa Sen. Joni Ernst said of House Democrats’ charge. South Carolina Sen. Lindsey Graham, a close Trump ally, said he thinks the vote was “a floor not a ceiling.” Oklahoma Sen. James Lankford said he thinks that most Republicans will not see daylight between the constitutionality and the article of incitement. “You’re asking me to vote in a trial that by itself on its own is not constitutionally allowed?” he asked. Conviction would require the support of all Democrats and 17 Republicans, or two-thirds of the Senate — far from the five Republicans who voted with Democrats Tuesday to allow the trial to proceed. They were Sens. Susan Collins of Maine, Lisa Murkowski of Alaska, Mitt Romney of Utah, Ben Sasse of Nebraska and Pat Toomey of Pennsylvania — all recent critics of the former president and his effort to overturn President Joe Biden’s win. Senate Republican Leader Mitch McConnell, who has said Trump “provoked” the riots and indicated he is open to conviction, voted with Paul to move toward dismissing the trial. Democrats rejected the argument that the trial is illegitimate or unconstitutional because Trump is no longer in office, pointing to an 1876 impeachment of a secretary of war who had already resigned and to the opinions of many legal scholars. Democrats also say that a reckoning of the first invasion of the Capitol since the War of 1812, perpetrated by rioters egged on by a president as Electoral College votes were being tallied, is necessary. “It makes no sense whatsoever that a president, or any official, could commit a heinous crime against our country and then defeat Congress’ impeachment powers — and avoid a vote on disqualification — by simply resigning, or by waiting to commit that offense until their last few weeks in office,” said Senate Majority Leader Chuck Schumer. Before the vote, the senators officially opened the trial by taking oaths to ensure “impartial justice” as jurors. The nine House Democrats prosecuting the case against Trump carried the sole impeachment charge across the Capitol on Monday evening in a solemn and ceremonial march along the same halls the rioters ransacked three weeks ago. The lead House prosecutor, Rep. Jamie Raskin of Maryland, stood before the Senate to describe the violent events of Jan. 6 and read the House resolution charging “high crimes and misdemeanors.” For Democrats the tone, tenor, and length of the trial so early in Biden’s presidency poses its own challenge, forcing them to strike a balance between their vow to hold Trump accountable and their eagerness to deliver on the new administration’s priorities following their sweep of control of the House, Senate, and White House. Chief Justice John Roberts is not presiding at the trial, as he did during Trump’s first impeachment, potentially affecting the gravitas of the proceedings. The shift is said to be in keeping with protocol because Trump is no longer in office. Instead, Leahy, who serves in the largely ceremonial role of Senate president pro tempore, was sworn in on Tuesday. Leaders in both parties agreed to a short delay in the proceedings, which serves their political and practical interests, even as National Guard troops remain at the Capitol because of security threats to lawmakers ahead of the trial. The start date gives Trump’s still-evolving legal team time to prepare its case, while also providing more than a month’s distance from the passions
Donald Trump impeached after Capitol riot in historic second charge
President Donald Trump was impeached by the U.S. House for a historic second time Wednesday, charged with “incitement of insurrection” over the deadly mob siege of the Capitol in a swift and stunning collapse of his final days in office. With the Capitol secured by armed National Guard troops inside and out, the House voted 232-197 to impeach Trump. The proceedings moved at lightning speed, with lawmakers voting just one week after violent pro-Trump loyalists stormed the U.S. Capitol after the president’s calls for them to “fight like hell” against the election results. Ten Republicans fled Trump, joining Democrats who said he needed to be held accountable and warned ominously of a “clear and present danger” if Congress should leave him unchecked before Democrat Joe Biden’s inauguration Jan. 20. Trump is the only U.S. president to be twice impeached. It was the most bipartisan presidential impeachment in modern times, more so than against Bill Clinton in 1998. The Capitol insurrection stunned and angered lawmakers, who were sent scrambling for safety as the mob descended, and it revealed the fragility of the nation’s history of peaceful transfers of power. The riot also forced a reckoning among some Republicans, who have stood by Trump throughout his presidency and largely allowed him to spread false attacks against the integrity of the 2020 election. House Speaker Nancy Pelosi invoked Abraham Lincoln and the Bible, imploring lawmakers to uphold their oath to defend the Constitution from all enemies, foreign “and domestic.” She said of Trump: “He must go, he is a clear and present danger to the nation that we all love.” Holed up at the White House, watching the proceedings on TV, Trump took no responsibility for the bloody riot seen around the world, but issued a statement urging “NO violence, NO lawbreaking and NO vandalism of any kind” to disrupt Biden’s ascension to the White House. In the face of the accusations against him and with the FBI warning of more violence, Trump said, “That is not what I stand for, and it is not what America stands for. I call on ALL Americans to help ease tensions and calm tempers.” Trump was first impeached by the House in 2019 over his dealings with Ukraine, but the Senate voted in 2020 acquit. He is the first to be impeached twice. None has been convicted by the Senate, but Republicans said Wednesday that could change in the rapidly shifting political environment as officeholders, donors, big business and others peel away from the defeated president. The soonest Republican Senate leader Mitch McConnell would start an impeachment trial is next Tuesday, the day before Trump is already set to leave the White House, McConnell’s office said. The legislation is also intended to prevent Trump from ever running again. McConnell believes Trump committed impeachable offenses and considers the Democrats’ impeachment drive an opportunity to reduce the divisive, chaotic president’s hold on the GOP, a Republican strategist told The Associated Press on Wednesday. McConnell told major donors over the weekend that he was through with Trump, said the strategist, who demanded anonymity to describe McConnell’s conversations. In a note to colleagues Wednesday, McConnell said he had “not made a final decision on how I will vote.” Unlike his first time, Trump faces this impeachment as a weakened leader, having lost his own reelection as well as the Senate Republican majority. Even Trump ally Kevin McCarthy, the House Republican leader, shifted his position and said Wednesday the president bears responsibility for the horrifying day at the Capitol. In making a case for the “high crimes and misdemeanors” demanded in the Constitution, the four-page impeachment resolution approved Wednesday relies on Trump’s own incendiary rhetoric and the falsehoods he spread about Biden’s election victory, including at a rally near the White House on the day of the Jan. 6 attack on the Capitol. A Capitol Police officer died from injuries suffered in the riot, and police shot and killed a woman during the siege. Three other people died in what authorities said were medical emergencies. The riot delayed the tally of Electoral College votes which was the last step in finalizing Biden’s victory. Ten Republican lawmakers, including third-ranking House GOP leader Liz Cheney of Wyoming, voted to impeach Trump, cleaving the Republican leadership, and the party itself. Cheney, whose father is the former Republican vice president, said of Trump’s actions summoning the mob that “there has never been a greater betrayal by a President” of his office. Trump was said to be livid with perceived disloyalty from McConnell and Cheney. With the team around Trump hollowed out and his Twitter account silenced by the social media company, the president was deeply frustrated that he could not hit back, according to White House officials and Republicans close to the West Wing who weren’t authorized to speak publicly about private conversations. From the White House, Trump leaned on Sen. Lindsey Graham of South Carolina to push Republican senators to resist, while chief of staff Mark Meadows called some of his former colleagues on Capitol Hill. The president’s sturdy popularity with the GOP lawmakers’ constituents still had some sway, and most House Republicans voted not to impeach. Security was exceptionally tight at the Capitol, with tall fences around the complex. Metal-detector screenings were required for lawmakers entering the House chamber, where a week earlier lawmakers huddled inside as police, guns drawn, barricade the door from rioters. “We are debating this historic measure at a crime scene,” said Rep. Jim McGovern, D-Mass. During the debate, some Republicans repeated the falsehoods spread by Trump about the election and argued that the president has been treated unfairly by Democrats from the day he took office. Other Republicans argued the impeachment was a rushed sham and complained about a double standard applied to his supporters but not to the liberal left. Some simply appealed for the nation to move on. Rep. Tom McClintock of California said, “Every movement has a lunatic fringe.” Yet Democratic Rep. Jason Crow, D-Colo. and others recounted the harrowing
