Subject: POLITICO Huddle: IMMIGRATION CRACKDOWN SPLITS SENATE JUDICIARY — Paul’s double bid for White House, Senate in jeopardy — SCHUMER DOUBLES DOWN, SCHATZ BACKS W.H.
From: "POLITICO Huddle" <[email-masked]>
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Date: Tue, 11 Aug 2015 06:48:53 -0600

By Rachael Bade (
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IMMIGRATION CRACKDOWN SPLITS SENATE JUDICIARY. After spending months hammering out a criminal justice reform deal to reduce some non-violent, drug-related mandatory minimums, it looks like sentencing requirements are once again sparking a divide among Senate Judiciary Committee Republicans. In the first half of 2015, Chairman Chuck Grassley (R-Iowa) and other conservatives having trouble letting go of the tough-on-crime mentality of the 1990s, worked with Democrats and more libertarian-minded Republicans on a tentative deal that reduces some such sentencing requirements.

But now immigration is threatening to trip up the issue again, Seung Min reports: "Ted Cruz and other Senate Republicans are ... proposing tougher penalties against foreigners who repeatedly try to enter the United States illegally. But there's stiff resistance - from fellow Republicans. The GOP rift - a drama that's playing out within the Senate Judiciary Committee - has opened up around the question of mandatory minimums, a sensitive topic that's also central to the broader debate on Capitol Hill about reforming the nation's criminal justice system...."

"On one side are Republicans such as Cruz, who's promoted his so-called Kate's Law on the 2016 stage... Grassley of Iowa, and Sen. Jeff Sessions of Alabama, who commands significant influence on immigration among hard-liners... But on the opposing side are Senate Republicans such as Mike Lee of Utah - a close Cruz ally - and Jeff Flake of Arizona, who have both criticized mandatory minimums for certain crimes and are skittish about implementing such penalties for undocumented immigrants. Lee has been a particular thorn for Republicans trying to write a bill in response to Steinle's death, according to GOP sources." 
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This could blow a hole in the tentative criminal justice deal between Democrats and Republicans - though the issues are somewhat separate. Grassley told your Huddle author that during negotiations he also wanted to increase mandatory minimums on white-collar crimes he thought were not tough enough. But he got rebuffed on that from Democrats and Republicans who prefer no mandatory minimums at all. Immigration, however, is much more contentious - especially right now following the murder of an American at the hands of an undocumented immigrant - and could divide the GOPers who back the criminal justice deal.

TOP TALKER: RAND PAUL FACES EMERGING DOUBTS AT HOME. Hoping to run for president while also seeking re-election in the Senate, Paul has been lobbying Kentucky Republicans ahead of an Aug. 22 decision to give him that authority, overturning party rules that bar politicians from seeking both offices simultaneously. But as our friend Kyle Cheney on politics writes with Manu: he's still got some convincing to do. "Running for the two offices at once creates tricky legal hurdles that are only surmountable with the assent of the Kentucky Republican Party's leadership and central committee. Though that approval once seemed assured, several members of the party executive committee told POLITICO
 they're seeing increasing trepidation, in part because of Paul's perceived fade from contention but also because he hasn't yet fulfilled promises to cover the cost of any changes..."

"'There should be no direct cost to the party,' said Scott Lasley, a state executive committee member who chaired the party committee that drafted the plan Paul favors. 'If the money is not there ... then I think all bets are off.' Without the money, another executive committee member said, Paul's plan should be 'DOA.' Yet another worried that Paul's efforts to salvage a long-shot presidential bid could cost Republicans a must-win Senate seat."

"'I do not want to lose a Senate seat,' the committee member said. 'I am concerned that he promised that if he realized he wasn't going to win [the presidential nomination], he'd get out. But when is that going to be?' A vote of the 340-member state Central Committee is scheduled a week from Saturday, and Paul is planning to be there to plead his case. Two-thirds support is required to finalize the changes."
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IT'S TUESDAY, AUGUST 11, 2015. Thanks for reading Huddle, your guide to Congress during recess. Today we're writing from Akron, Ohio. If you've got story ideas, now is the time to pitch. Here: 
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TODAY IN CONGRESS: Recess.

AROUND THE HILL: Recess.

LEE GETS THE N.Y. TIMES TREATMENT."A Republican Agitator in the Senate Makes Friends Across the Aisle" by Jennifer Steinhauer in today's Times: "In a Congress more known for its predictable partisan lanes, Mr. Lee is trying an unusual straddle. As lawmakers confront a deadline over spending that threatens another government shutdown next month, Mr. Lee faces a stark choice: Will he continue defying Republican leaders who are trying to demonstrate their ability to govern, or will he instead focus on building a legacy of serious libertarian-leaning policy, with the help of Democrats?..."

"Few things annoy Democrats more than attacks on the health law and threats to shut down the government, two of Mr. Lee's signature moves. Yet Mr. Lee, who upset Senator Robert F. Bennett in 2010 to become the Tea Party's first victor in a major primary, has found himself aligning with liberal Democrats over Republicans on issues like privacy, criminal justice overhaul and oversight of big business. 'I have him on speed dial,' said Senator Patrick J. Leahy, Democrat of Vermont."

"Mr. Lee co-sponsored, with Mr. Leahy, a bill that curtailed the government's surveillance powers under the Patriot Act, again opposing Mr. McConnell. He is working with Senator Richard J. Durbin, Democrat of Illinois, on a broad overhaul of sentencing laws. And he and Ms. Klobuchar are examining several corporate mergers for possible antitrust problems. 'I really enjoy those great bipartisan moments,' Mr. Lee said in an interview in his office on Capitol Hill."

"Yet many in his own party see Mr. Lee as at best a lackey for outside agitators and at worst a threat to their efforts to take back the White House. After fighting with the Republican leadership, dragging out legislation like the multibillion-dollar transportation bill and walking around the Rotunda with Senator Ted Cruz of Texas while lecturing colleagues about the Constitution, Mr. Lee's relationship with many Republicans is frosty. During a dispute over the government's borrowing limit, Senator John McCain, Republican of Arizona, suggested on the Senate floor that Mr. Lee 'ought to learn a little bit more about how business is done in the Congress of the United States.'" 
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SCHUMER DIGS IN: GO BACK AND GET A BETTER DEAL. Sen. Chuck Schumer (D-N.Y.) said Monday the White House should go back and extract more concessions from Iran if it wants to secure a good nuclear deal that's acceptable in his eyes. Julian Hattem for The Hill: "In his first public remarks since Thursday evening's bombshell announcement that he would break with the White House and oppose the agreement, the likely next Senate Democratic said that the international pact 'fell short.' 'Some say the only answer to this is war. I don't believe so,' Schumer said during a press conference in Rochester, N.Y. 'I believe we should go back and try to get a better deal,' he added. 'The nations of the
 world should join us in that.'"

"Former aides to Obama have ripped Schumer for coming out in opposition to the deal, and former Obama campaign manager and White House adviser David Plouffe slammed the senator shortly after his comments became public. In a message on Twitter, Plouffe linked to an earlier version of this story, described Schumer as naive and said Senate Democrats would miss Harry Reid, the Democratic leader Schumer is poised to succeed in the next Congress." 
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IN BETTER NEWS FOR THE ADMINISTRATION ... 

W.H. SECURES JEWISH SENATOR'S BACKING. Susan Cornwell for Reuters: "Senator Brian Schatz said on Monday he backs the U.S.-led international nuclear deal with Iran, becoming the 16th senator to do so and moving President Barack Obama one vote closer to locking in enough Senate votes to make the deal fly. A liberal, Jewish-born lawmaker from Hawaii, Schatz had been expected to come down in favor of the deal. But his decision was noteworthy because it came just a few days after another Jewish senator, Democrat Chuck Schumer of New York, announced his opposition to the Iran agreement..."

"In a statement, Schatz said he was backing the pact between six world powers and Iran because it is the best option for keeping nuclear bombs out of Tehran&#39;s hands. 'Iran must never be allowed to have a nuclear weapon, and that is why I support this agreement,' Schatz said. Israeli Prime Minister Benjamin Netanyahu opposes the agreement, as do some Jewish groups in the United States. Most Republicans have also said they oppose the deal, which was unveiled on July 14. It is designed to curb Tehran&#39;s nuclear program in exchange for lifting of economic sanctions." 
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SCHOCK FIGHTING DOJ DOCUMENT REQUESTS. Bres, Anna and Jake with the latest on the Schock saga: "Former Illinois GOP Rep. Aaron Schock has been locked in a bitter five-month legal battle with the Justice Department over control of thousands of pages of records from his tenure in Congress, including threats to throw him in jail for contempt if he didn't comply, newly unsealed court documents show. Schock's defense team has argued that the ex-lawmaker has a right under the Fifth Amendment not to incriminate himself by turning over some of the records and has sought immunity from prosecution before agreeing to do so."

"Schock's lawyers also argue that under the Speech or Debate Clause - a constitutional privilege granted to lawmakers and aides for legitimate legislative activities - Schock needs more time to evaluate what records he gives federal investigators or whether he will seek to withhold them."

"Attorneys for the House of Representatives have backed Schock as well, filing a motion supporting Schock's position that he controls any records from his congressional office. Both Schock and the House general counsel's office argue that Schock personally owns the records from his service in Congress, as has long been both the legal position and practice for former members and senators." 
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TUESDAY&#39;S TRIVIA WINNER.Michael Toulouza was the first to answer that President Jimmy Carter was almost represented by an empty chair because of his refusal to attend a debate with an independent candidate, Rep. John Anderson (I-Ill.). Also challenging him for office: Ronald Reagan.

TODAY&#39;S TRIVIA: Who were the two wealthiest presidents in the 20th Century? Email 
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