Judge: Congress can be briefed on classified documents seized from Trump
Special master appointed to review materials found by FBI
Also in today’s edition of “Regular Order” for September 16, 2022:
Senate vote on marriage bill delayed until after elections.
Fallout continues for GOP on abortion.
A Republican election denier suddenly isn’t.
TRUMP LEGAL. A federal judge in Florida - appointed to the bench by Donald Trump - ruled on Thursday that Congress can be briefed on classified materials seized by the FBI at Trump's home in Florida, but that the feds cannot use those documents to bring any criminal charges involving the former President.
CLASSIFIED. In her decision, U.S. District Judge Aileen Cannon refused to accept that FBI agents found over 100 classified documents at Trump’s home. "The Court does not find it appropriate to accept the Government’s conclusions on these important and disputed issues without further review by a neutral third party," Cannon wrote.
CONGRESS. Key lawmakers on the House and Senate Intelligence committees have asked for a readout on what documents were in Trump's possession - but that's been on hold during this legal dispute. Cannon's order specifically says it is okay to brief “Congressional leaders with intelligence oversight responsibilities” about the FBI raid.
CHARGES. While a special master reviews what was seized, Cannon said the feds cannot bring any criminal charges which rely on the 'actual content of the seized materials.’ The Justice Department will now take the matter to the Eleventh Circuit Court of Appeals.
MARRIAGE. A bipartisan effort to approve a plan which gives federal protection to same-sex marriages was put on hold Thursday, as backers acknowledged they were short on GOP votes to overcome a possible Senator filibuster. "We've asked Leader Schumer for additional time and we appreciate he has agreed," five Senators said in a joint statement.
STATEMENT. "We are confident that when our legislation comes to the Senate floor for a vote, we will have the bipartisan support to pass the bill," the five Senators said. They are Sen. Tammy Baldwin (D-WI), Sen. Susan Collins (R-ME), Sen. Rob Portman (R-OH), Sen. Kyrsten Sinema (D-AZ), and Sen. Thom Tillis (R-NC).
POST-ELECTION. The conventional wisdom in the halls of the Capitol is that it will be easier for Republicans to vote for this bill *after* the elections. Democratic activists were disappointed - they want Senators on the record *before* Election Day, in order to increase pressure on Republicans.
BALDWIN. But Sen. Baldwin has made clear for months that she doesn't want ‘show votes’ on the subject - she wants to pass a bill which becomes the law of the land. We'll see if her plan works after the November elections.
IMMIGRATION. The latest move by two Republican Governors to ship illegal immigrants to cities and states run by Democrats created more finger pointing in Congress on Thursday. "Once again, we see supposedly 'pro-life' politicians using human lives for media stunts," said Rep. Salud Carbajal (D-CA).
LATEST. Courtesy of Texas Gov. Greg Abbott, two buses dropped off migrants outside the Vice President's home in Washington, D.C. Florida Gov. Ron DeSantis then flew a group of Venezuelan refugees - from Texas - to Martha's Vineyard in Massachusetts.
GOP. For Republicans, it's all about making Democrats experience illegal immigrants being dumped on their streets. "Liberal activists want illegal immigration until it shows up at their front doors," said Sen. Marsha Blackburn (R-TN).
CONGRESS. Democrats were furious with Florida's Governor. "It’s hard to imagine anything more despicable than what Ron DeSantis did," said Rep. Katherine Clark (D-MA). "He’s become the face of a party that’s not only selfish and mean but morally bankrupt," said Rep. Jim McGovern (D-MA).
BOTTOM LINE. Republicans will likely keep doing all they can to highlight the ongoing surge in illegal immigration at the southern border. For their voters - it's a big deal. But it's not clear if these episodes bring new voters to their side.
ABORTION. The fallout continued for Republicans in the wake of Sen. Lindsey Graham's proposal to ban most abortions after 15 weeks of pregnancy. Instead of putting the heat on Democrats, GOP lawmakers found themselves being asked repeatedly if they were on board with Graham's plan.
NEW YORK. Former Congressman Max Rose immediately latched onto Graham's plan in his race against Rep. Nicole Malliotakis (R-NY) - pressing her to answer whether she was supporting the 15-week ban or not.
ELECTIONS. Democrats left Capitol Hill last night even more energized about abortion, as Graham’s plan only seemed to create more political momentum for pro-choice lawmakers. "We know that abortion bans don’t ban abortions - they ban safe abortions," said Rep. Suzanne Bonamici (D-OR).
NOVEMBER. Abortion may be the biggest wild card in the midterm elections - but exactly how much will it help Democrats in the fight to control Congress? That's the big unknown with just over seven weeks until Election Day. Check my column in the Atlanta Journal-Constitution.
JUST SAY NO. The latest GOP effort to restrict abortion is a bill that would let pharmacists refuse to fill prescriptions for medicines used to end a pregnancy. "This legislation will ensure that pharmacists are able to make the medical decisions that are best for the health of the mother, the life of the child, and the integrity of their practice," said Rep. Buddy Carter (R-GA).
CIVIL RIGHTS. The GOP bill is partially a response to a Biden Administration announcement - which said any pharmacist refusing to fill a legitimate prescription for abortion inducing drugs violates the civil rights of women who are seeking to end a pregnancy.
REGULAR ORDER. The internet has brought a lot of loud voices to the news business on Capitol Hill. Why not support my independent reporting from Capitol Hill by giving someone you know the gift of straight news - with ‘Regular Order.’
TSA CHIEF. The Senate on Thursday easily confirmed David Pekoske to serve a second five-year term as chief of the Transportation Security Administration. Pekoske is a very rare bird - as he was also nominated for that post by then President Donald Trump back in 2017. Yesterday's vote was 77-18.
GOP EIGHTEEN. We all know that Republicans right now are pretty much against most of what Democrats and President Biden want to do. But by opposing Pekoske, that means 18 GOP Senators voted against someone originally picked by Trump for the same post.
STUDENT LOANS. Remember when Republicans were outraged by President Biden's plan to forgive up to $20,000 in certain student loans for Americans who wanted that aid? That anger has ebbed, as the issue has already made its way to the back burner for GOP lawmakers in Congress.
OPTIONS. One reason not much has happened is that Republicans have very few options to force votes in either the House or Senate about the plan. Again, maybe GOP Senators can try on a temporary funding bill later this month - but nothing is going to derail the loan forgiveness program right now.
FOX NEWS. A new poll out this week from Fox News gives yet another indication why - the program is favored by Americans, and that’s shown in several polls. The Fox poll found a 54-43 percent majority for the effort - even though it has drawn a sharp rebuke from most Republicans.
FUNDING BILL. Lawmakers went home for the weekend last night without any formal plans to fund the government at the end of the month. It’s still not clear how long a temporary funding measure might last, and what extras might be added on by the Congress. This must be dealt with by September 30, the end of the fiscal year.
FREEDOM CAUCUS. Some conservatives in Congress want their party to do all it can to block that funding bill. "I'm hoping that every Republican votes no," said Rep. Andy Biggs (R-AZ) during a news conference outside the Capitol, as Freedom Caucus members blasted President Biden and Democrats.
SPENDING. Freedom Caucus members say it’s time to cut spending overall, as they objected to a new White House request for extra military aid for Ukraine. "It shouldn't just be the Freedom Caucus," said Rep. Scott Perry (R-PA). "It should be the whole Republican conference."
SHUTDOWN. Obviously, if a temporary funding bill is derailed this month - that would lead to a government shutdown just before the election. But GOP lawmakers say the point must be made. "Is there any limit, I ask you, as to how much Democrats will spend?" said Rep. Bob Good (R-VA).
CALENDAR. The clock is ticking. We’ll see if a bill gets released over the weekend - or if this drifts well into next week. The House and Senate are expected to leave town after September 30 for the elections.
MRS. GREENE OF GEORGIA. After that Freedom Caucus news conference, Rep. Marjorie Taylor Greene (R-GA) verbally battled her way back to her office, taking on a variety of policy hecklers as she walked across Independence Avenue. Her office posted the video below, so you can watch.
TRIP OR KICK? At about 1:15 into this video, you will see a woman in a blue dress end up in front of Greene. The Georgia Republican appears to trip the woman - Marianna Pecora of the group Voters Tomorrow. Pecora posted her own video here.
JUDGES. The Senate voted 53-44 on Thursday to confirm Sarah Merriam of Connecticut to serve on the Second Circuit Court of Appeals, as Democrats confirmed three federal appeals court judges this week.
FREEMAN. There was one blot on the record though, as two absent Democrats - combined with total opposition from Republicans - temporarily derailed the nominator of Arianna Freeman to the Third Circuit. Freeman could get a new vote as early as next week.
THE BIG PIVOT. We have all seen candidates say one thing during a primary, and say the opposite for the general election. That's happened now in New Hampshire, where Republican Don Bolduc is running for U.S. Senate. Bolduc has often argued the 2020 election was stolen from Donald Trump. Until yesterday.
NEW THEME. "The election was not stolen," Bolduc said during an interview on Fox News. "President Biden is the legitimate President of this country." Suddenly, Bolduc the election denier has now changed his tune - now that he's past the GOP primary.
RAP SHEET. A man who wore a 'Camp Auschwitz' hoodie during the Capitol Attack has pleaded guilty to joining rioters on January 6. Robert Keith Packer was sentenced to 75 days in prison. Packer was on the stairs just a few feet away from the Speaker's Lobby when a police officer shot and killed Ashli Babbit.
ARRESTS. Meanwhile, the arrests continue in the January 6 investigation. A 59-year-old New Jersey man was arrested on Wednesday and charged with attacking police outside the Capitol on Jan. 6. Salvatore Vassallo faces two felony and five misdemeanor charges.
MUSE OF HISTORY. September 16, 1789. On this date, President George Washington told Congress that lawmakers should consider approving a plan to call out military forces in order to deal with Indian attacks. "The governor of the Western territory has made a statement to me of the reciprocal hostilities of the Wabash Indians and the people inhabiting the frontiers bordering on the river Ohio," Washington said. Lawmakers approved a plan in less than two weeks, which was then used to authorize the use of forces from Virginia and Pennsylvania to restore order on the frontier.
LEGISLATIVE PROGRAM:
The House meets next on Monday.
The Senate meets on Monday.
President Biden’s daily schedule link.
Follow me on Twitter @jamiedupree. Email me at jamiedupree@substack.com
Freedom Caucus is better described as the Me, Myself, and I Caucus. The total disregard for the needs of others is not freedom.
Great legal minds have been exposing the flaws in Judge Cannon’s rulings for weeks now. She appears intent on protecting the man who appointed her. But how much can the DOJ actually rely on the Eleventh Circuit Court of Appeals? This should be a no-brainer but we are talking about the Teflon Don here.