Subject: POLITICO Huddle, presented by the Free and Fair Markets Initiative: JUDICIARY COMMITTEE TO VOTE ON KAVANAUGH -- ABA urges delay -- MURPHY'S $1M PUSH -- The other #MeToo hearing in Congress
From: "POLITICO Huddle" <[email-masked]>
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Date: Fri, 28 Sep 2018 05:58:58 -0600
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09/28/2018 07:57 AM EDT

By Nolan D. McCaskill ([email-masked] or @NolanDMcCaskill)
 
UP NEXT -- Senate Republicans are forging ahead. The Senate Judiciary Committee will vote this morning on Brett Kavanaugh's nomination to the Supreme Court. All eyes will be on Sen. Jeff Flake (R-Ariz.), the lone undecided member of the 21-person committee of 11 Republicans and 10 Democrats. Flake's vote will determine whether Kavanaugh receives a favorable vote in committee, a decision he says he's agonizing over. "I want to give it some thought," Flake said last night. "This is a tough decision. It really is." Regardless of where Flake lands, Senate Majority Leader Mitch McConnell (R-Ky.) will likely move forward to set up a full floor vote early next week.
 
McConnell plans to hold a procedural vote Saturday, setting up the possibility of a second procedural vote Monday and final confirmation vote Tuesday. "Publicly, Republicans do not have the votes yet to confirm Kavanaugh, but GOP leaders seem confident they can push him through with brute force," Burgess and Bres write. If they do push him through, they may have to do it on their own. So far, no Democrats have said they would vote for Kavanaugh. Moderate Sen. Doug Jones (D-Ala.) announced Thursday that he's a "no," but Kavanaugh now has Sen. Bob Corker (R-Tenn.) in his corner.
 
Whether Kavanaugh will be sworn in as the next Supreme Court justice next week will come down to a handful of votes. But those senators -- Flake, Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Joe Manchin (D-W.Va.) -- have given no indication of how they will vote. It's also not clear where Sens. Joe Donnelly (D-Ind.) and Heidi Heitkamp (D-N.D.) will come down. They (and Manchin) voted for Neil Gorsuch last year and are up for reelection in red states. "Senators and aides expect that Donnelly, Manchin, Murkowski and Collins will all vote the same way," they report, "though which way that is remains unclear."
 
Bottom line: Senate Republicans have a 51-49 majority, and Kavanaugh needs at least 50 votes to be confirmed (Vice President Mike Pence could then break a tie). So if Democrats unite in opposition, a "no" from two GOP senators would sink Kavanaugh's bid for the high court. More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb24d6a92321fd874f10d9f946c6bb80f8312e17e3b4977480776bd027fb8ef1964e7f713ba8ac3aa4 
 
Related: "Kavanaugh keeps confirmation hopes alive in momentous hearing," by Elana and Burgess: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fba943fe3fd75a4a4f88bfb25d04257ad1a963ec58d8e284f4ff5e82ece231c4bf8a54d5eb253cf024 and "Judiciary Republicans' personal information published during Kavanaugh hearing," from Jesus Rodriguez: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb9c6953e90d6d55c8f461040a8cdf1404d09b4da78fdee30d6c131e8fcb717017e36a88b3d7dc186e 
 
REPUBLICANS' REGRET -- Senate Republicans wanted to avoid the optics of having 11 white men grill Christine Blasey Ford at Thursday's hearing. So they brought in sex-crimes prosecutor Rachel Mitchell to do it for them. They quickly regretted it. "She lasted through the first part of the hearing featuring Ford, but was quickly relegated to the sidelines once Brett Kavanaugh started testifying, never to be heard from again," Bres, Rachael and Josh Gerstein note. "Mitchell's seemingly picayune lines of questioning failed to dent Ford's credibility and put Republicans on the defensive over the sexual abuse allegations against Kavanaugh. The five-minute rounds ... didn't help the GOP's cause,
 either. Mitchell couldn't establish any rhythm, clearly frustrating Republicans." More on Mitchell's disappearance: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb528a20d4a5f44ad3bee2cf497f6aa882e4e7ed6954c09191e0ee4945d2961bb9e42dc453228a3214 
 
Related reads: "With Caffeine and Determination, Christine Blasey Ford Relives Her Trauma," via The New York Times' Julie Hirschfeld Davis: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb88598e3dafccd0d295b6eead57de9a2cf1ea1c840b7f1d98ab6b6668b625cf7baea98a9832a5c311 and "Silent no more, Senate's angry Republican men roar to Kavanaugh's defense," per The Washington Post's Paul Kane: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fbeb1c4a64e481ad5fdad702c39f8afb7e14ec35a20b465d6038a1f32cdfd56d307e351548208b6854 
 
ABA CALLS FOR DELAY -- The American Bar Association, which gave Kavanaugh its highest rating of "well qualified," is calling on the Senate Judiciary Committee to halt its confirmation process until the FBI completes an investigation into sexual assault allegations against the Supreme Court nominee. "In a strongly worded letter obtained by CNN Thursday, the organization said it is making the extraordinary request 'because of the ABA's respect for the rule of law and due process under law,' siding with concerns voiced by Senate Democrats since Christine Blasey Ford's decades-old allegations became public," Manu Raju reports.
 
"The basic principles that underscore the Senate's constitutional duty of advice and consent on federal judicial nominees require nothing less than a careful examination of the accusations and facts by the FBI," Robert Carlson, the organization's president, wrote in a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) and ranking member Dianne Feinstein (D-Calif.). "Each appointment to our nation's Highest Court (as with all others) is simply too important to rush to a vote. Deciding to proceed without conducting additional investigation would not only have a lasting impact on the Senate's reputation, but it will also negatively affect the great trust necessary for the
 American people to have in the Supreme Court." More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fbf98bcdbe8b98f9dcb4b7c3b4c132d9c8fadd43cd9e2cf90dff9e68647db78dd8ca7b35587aa5ed6c 
 
HAPPY FRIDAY! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Sept. 28.
 
** A message from the Free & Fair Markets Initiative: The Senate Commerce Committee grilled Amazon executives but received few details on whether the tech giant is selling consumers' data. This week's hearing was just the beginning - Amazon should be held accountable for the questions they have left unanswered. Click here to learn more. **
 
THURSDAY'S MOST CLICKED: BuzzFeed News' report on Senate Judiciary Committee staff interviewing two men who each said they, not Supreme Court nominee Brett Kavanaugh, had "the encounter" with Christine Blasey Ford was the winner.
 
President Trump says a red wave is coming on Election Day. Is he right or will the tide turn blue? Compete against the nation's top political minds in the POLITICO Playbook Election Challenge by correctly picking the winning candidates in some of the most competitive House, Senate and gubernatorial races in the country! Win awesome prizes and eternal bragging rights. Sign up today! 
 
FOR YOUR RADAR -- President Donald Trump is scheduled to hold a signing ceremony at 12 p.m. for legislation to fund the government, delaying a funding fight over his border wall but avoiding a disastrous partial government shutdown before the midterm elections.
 
MURPHY LEADS PUSH TO ELECT PRO-GUN CONTROL DEMS -- Sen. Chris Murphy (D-Conn.) is planning to raise $1 million next Friday. "Murphy is calling his effort NR8, identifying seven Democrats running for House seats and Jacky Rosen, [who is] running against Nevada Sen. Dean Heller, in races that they've determined are both winnable, and which would have an immediate impact on changing gun laws," Edward-Isaac Dovere reports. The goal is to split the $1 million between the eight candidates, and the plan is to simultaneously blast an email to lists of Hillary Clinton and Sens. Elizabeth Warren (D-Mass.), Cory Booker (D-N.J.), Kamala Harris (D-Calif.), Kirsten Gillibrand (D-N.Y.), House Minority
 Whip Steny Hoyer (D-Md.), MoveOn, Everytown and more.
 
"It's time to take this movement for a test drive and see how big and powerful we are," Murphy said. "This will be the first joint fundraising effort by the gun control movement, a reflection of how advocates' political sensibilities have evolved, and of the growing aggressiveness--and resonance--of candidates talking up safety and restrictions on the campaign trail," Dovere writes. More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fbdc411d97929f0fba16decb62f50b9f62aec4ab2769a9abd1581ff1aa6e017c41f44fccab1075cdaa 
 
THE OTHER THURSDAY HEARING -- While most of the nation focused on the Ford-Kavanaugh hearing, FHFA Director Mel Watt was also defending himself from sexual misconduct charges. He claimed the woman who has accused him of sexual harassment manipulated their encounters in a "systematic" effort to build a case by misconstruing his "efforts to advise and mentor her." Testifying before the House Financial Services Committee, Watt said while he supports the #MeToo movement, "it cannot be a substitute for going through the legal process." "Watt spoke hours after agency employee Simone Grimes testified to the committee that he had repeatedly made sexual advances during conversations about salary
 concerns, leaving her feeling 'unsafe and vulnerable,'" Katy O'Donnell reports. Much more: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb138020ffade58f39f1aeb229d37e3e4ea52608bfe536d95a66eb1333183c48c94a4c9e3648bdba5f 
 
DEMS INTEND TO FORCE VOTE ON MUELLER BILL -- Rep. Jim McGovern (D-Mass.) plans to introduce a proposal to protect special counsel Robert Mueller's Russia investigation from interference or unilateral removal by the president as an amendment ahead of consideration of three tax-related bills. "The proposal would force Republicans to decide whether to consider the Mueller-protection proposal or sideline it," Kyle reports. McGovern has the backing of House Judiciary Committee Democrats. "For Democrats, the effort is a chance to force Republicans on the record on an issue that has generated some bipartisan support in the House and Senate," he writes.
 
"Republicans, though, have shown little urgency to support the measure, even as most have expressed support for Mueller being allowed to complete his work," he continues. "They've argued that they don't believe Trump will try to remove Mueller, despite his rhetoric describing the investigation as illegitimate and a 'witch hunt.'" Only six House Republicans support the measure, which has the backing of more than 120 House Democrats. More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb2c662abb80b6324c3e634426427dd34584a78358ee240f3362c594965d1aa914062f8d0706a4cece 
 
Related: "Co-founder of firm behind Trump dossier rejects House GOP interview request," by Kyle: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb2fce53be4a8865f00ddb9809c2663b6d5999270b5edd8c09a472f05a40217859135d086b5df1d667 
 
CICILLINE DECLARES LEADERSHIP BID -- Rep. David Cicilline (D-R.I.), a Democratic Policy and Communications Committee co-chair, announced his run for assistant Democratic leader, a position that would become the No. 4 leadership slot in a Democratic majority. Rep. James Clyburn (D-S.C.) is the current assistant Democratic leader but would likely ascend to majority whip in the next Congress if Nancy Pelosi (D-Calif.) became speaker. "We need to make sure that we have a leadership team that can hit the ground running to pass our legislative agenda and to hold President Trump accountable for his actions," Cicilline wrote in a "dear colleague" letter. "In committee and on the floor, I've proven
 that I can go toe-to-toe with the other side of the aisle and that I won't back down." More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb20fd46747ef091c13349e6ee7f44b742e0889529787eeaedd7380c9761b560f83ddf7b9bc50407df 
 
PROBLEM SOLVERS -- Nineteen members of the Problem Solvers Caucus are willing to oppose any candidate for speaker who doesn't back their push for a change to House rules. "The bipartisan caucus unveiled a package of proposed House rules changes in July called 'Break the Gridlock' and has been coalescing support for it on both sides of the aisle," Roll Call's Lindsey McPherson writes. "Some of the caucus members have decided to add some oomph to their sales pitch by pledging not to support a candidate for speaker unless that person commits to enacting the rules package." More: http://go.politicoemail.com/?qs=6bcd1ee00b28c2fb1dbf0f5a83883f29422be4fd46e10164b02cd1f5c27ba5c440ead5e3ef15a8e7ee32ceb23bf6c411 
 
TRANSITIONS -- Becky Cole has been promoted to deputy staff director of the Senate Finance Committee. She previously served as the committee's policy director. Katie Niederee Rosborough, the panel's communications director, is leaving the committee.
 
Nicole Hager has been promoted to acting communications director of the committee. She previously served as its press secretary.
 
Brigid Ueland has been promoted to deputy press secretary of the committee. She was previously a press assistant.
 
Joshua Blume has been promoted to senior counsel of the committee. He was previously a professional staff member.
 
TODAY IN CONGRESS -- The House gavels in at 9 a.m. with first and last votes expected between 11:15 a.m. and 12:15 p.m. The Senate meets at 2 p.m. No votes are scheduled at this time.
 
AROUND THE HILL -- Reps. Lisa Blunt Rochester (D-Del.), Suzan DelBene (D-Wash.), Bill Foster (D-Ill.), Jim Himes (D-Conn.), Derek Kilmer (D-Wash.) and Seth Moulton (D-Mass.) will hold an event to release the second report in the new "A Future that Works" economic opportunity agenda, titled "Creating a 21st Century Social Contract" and outlining policy recommendations, at 9 a.m. in the House Triangle.
 
The Senate Judiciary Committee will hold a markup to vote on Brett Kavanaugh's nomination to the Supreme Court at 9:30 a.m. in 226 Dirksen.
 
House Minority Leader Nancy Pelosi (D-Calif.) will hold her weekly news conference at 10:30 a.m. in HVC-Studio A.
 
Rep. Suzan DelBene (D-Wash.) will hold a briefing on the vital public-private partnership in kidney care at 12:30 p.m. in 2045 Rayburn.
 
Rep. Jamie Raskin (D-Md.) will hold a conference call briefing on the role of Congress in the Trump era beginning at 2 p.m. RSVP here for call-in information. 
 
THURSDAY'S TRIVIA WINNER -- David Bromberg was first to correctly guess that Abe Fortas became the first Supreme Court nominee to be successfully filibustered by the Senate. President Lyndon B. Johnson nominated Fortas to fill the vacancy that was created by Chief Justice Earl Warren's retirement.
 
TODAY'S TRIVIA -- From David: Which president was offered a nomination to the Supreme Court before his election to the presidency, and who offered it to him? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: [email-masked].
 
GET HUDDLE emailed to your phone each morning.
 
** A message from the Free & Fair Markets Initiative: Amazon Leaves Critical Questions Unanswered When It Comes To Protecting Sensitive Data

- Amazon refused to provide a clear response to Senator Jon Tester on whether the company sold consumers' personal data. 
- Senator Cory Gardner took Amazon to task on selling personal data to Chinese brokers. 
- Amazon was also grilled by Senator Ed Markey on its use of surveillance technology to track and store data on children. 
- The tech giant is beginning to feel pressure with scrutiny on its harmful business practices mounting.

Amazon is the prime example of a company stockpiling consumer data with hardly any oversight or accountability. Amazon left many questions unanswered during its testimony before Congress and it's time for them to explain what they are doing with the stockpiles of sensitive data they have on you. Click here to read more. **
 
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