Also in today’s ‘Regular Order’ for December 8, 2023:
Defense deal takes big first step in Senate.
GOP lines up impeachment inquiry vote for next week.
Another Democrat hits the road.
BORDER BATTLE. Nothing really changed this week on aid for Israel and Ukraine, as Senators went home for the weekend no closer to any agreement. The impasse continues to be a dispute - not over military aid for Ukraine - but over U.S. border security at home, as GOP Senators on Thursday publicly urged President Biden to take over the negotiations.
GRAHAM. "I will not go back to South Carolina and try to explain why I helped Ukraine, Taiwan, and Israel and did nothing to secure our own border," Sen. Lindsey Graham (R-SC) told reporters at a news conference. "This is about securing our border so we can then help our allies."
GOP. It’s become crystal clear in the hallways of the Capitol that Republicans feel like they have the momentum here - especially as record numbers of migrants cross into the U.S. each day. "These last few days are just absolutely overwhelming our system," said Sen. John Thune (R-SD).
PUTIN. Democrats have tried to put pressure on the GOP by saying the Republican refusal to aid Ukraine will only help Russia and Vladimir Putin. “Time is of the essence,” said Sen. Mazie Hirono (D-HI). But those arguments are having zero effect on the GOP - and I mean ZERO.
SENATE. Talks have been going for weeks, with Democrats led by Sen. Chris Murphy (D-CT). He sat down again on Thursday with Sen. Kyrsten Sinema (I-AZ) and Sen. James Lankford (R-OK) - and they plan to talk by phone over the weekend.
OPTIONS. I'm going to say it again - Democrats probably have only one option right now to get aid for Ukraine back on track, and that's to accept a bunch of GOP border plans. It may be a very bitter tasting medicine - but if Democrats want billions in aid for Ukraine, that's going to be the price tag. Whether that's right or wrong - that’s not really the issue.
POLITICS. Are Democrats outraged by the GOP tactics? You bet. "Holding Ukraine funding hostage to punish asylum seekers is not a solution," said Rep. Linda Sanchez (D-CA). “Republicans want to turn asylum seekers into political pawns,” added Rep. Norma Torres (D-CA).
DEMS. Again - Democrats may fully believe that Republicans are morally bankrupt on this, but it looks like to get money for Ukraine, there must be a border deal. How much should Republicans realistically get? That’s an open question too, and one which is not easily solved.
BORDER ISSUES. Sometimes the reporting about the back and forth here in the Capitol obscures the details of what's in play - so let's again hit some of the GOP bullet points on what Republicans want to do in order to better secure the border with Mexico.
Build more border wall.
Limit who can apply for asylum.
Reinstate the 'Remain in Mexico' process.
Limit parole options for migrants.
End 'Catch and Release.'
Approve more border agents.
DEMS. What do Congressional Democrats want on immigration? They are on a different planet from the GOP. Democrats aren’t interested in any limits on asylum or parole. They certainly don’t want to build the border wall, and oppose the ‘Remain in Mexico’ plan. So where’s the middle ground? There isn’t much.
DREAMERS. Democrats have long talked about helping the ‘Dreamers’ or giving a pathway to citizenship for those who qualify for asylum, and finding other ways to help migrants. But that’s not on the table - and you can understand why they are so aggravated. They will have to give up a lot for a Ukraine deal.
RIGHT NOW. But everyone knows something has to change at the border. The number of migrants coming into the U.S. is at record daily levels. The yelling you hear is also coming from the mayors of New York, Chicago, and D.C.
BIDEN. And that brings me back to President Biden. There is only one person who can stand up to his party and say, ‘This is what has to be done.’ That’s why his involvement is so important in any talks.
BLAME GAME. One other point should be made. While you might not think that the U.S. border is tied to Israel and Ukraine aid - remember that Biden himself added border money into this package. He opened the door on this subject. The Republicans didn’t just try this out of left field.
CHRISTMAS RUSH. I want to make one other point on aid for Ukraine - that’s about the timing of action by Congress. Lawmakers are going home for a holiday break next week. There won’t be any money approved for Ukraine or Israel by then. This is quickly turning into a January or later issue, possibly entwined with the government shutdown battles early next year.
IMPEACHMENT. House Republicans are setting the stage for a vote - maybe just before they leave for a Christmas break next week - to formally authorize three committees to conduct an impeachment investigation of President Joe Biden. While the evidence against Biden is fairly weak, the GOP seems headed down that road.
GOP. "It’s time to take the next step and put the House in the best position to uncover the truth," said Rep. Kelly Armstrong (R-ND). "Republicans must start a formal impeachment inquiry as soon as possible," said Rep. Greg Steube (R-FL), whose own resolution accuses Biden of paying for his son’s illegal drugs and prostitutes (I'm not kidding).
EVIDENCE. Democrats blasted the GOP inquiry plan, arguing again that there is no misconduct by President Biden which merits impeachment. "Chairman Comer cannot even identify what crime he thinks President Biden has committed," said Rep. Jamie Raskin (D-MD).
INQUIRY. Republicans have already held one hearing about the Biden impeachment effort - which was an absolute disaster. They're slated to question Hunter Biden behind closed doors next Wednesday, on December 13.
INDICTMENT. As for Hunter Biden, he was indicted again on Thursday by a federal grand jury in California, which leveled more charges of tax evasion. You can read the charges at this link.
NDAA. This week's final deal on a major defense policy bill was a reminder that it is still possible for the Congress to pass bills, negotiate compromises, and produce important legislation - even on controversial matters. "The annual defense bill is a prime example of both sides cooperating on a strong bipartisan package," said Senate Majority Leader Chuck Schumer.
STREAK. This will be the 63rd consecutive year that the National Defense Authorization Act (NDAA) has been passed by the Congress. The bill now routinely attracts other items - like policy measures for the State Department and U.S. Intelligence - because it has become a 'must pass' bill each year.
CONFERENCE. The bill also deserves some attention for another reason. It used to be common for the House and Senate to negotiate their differences in a joint conference committee. Not anymore. This NDAA is the first bill to become law via the old-fashioned conference route since the 2020 NDAA.
VOTES. Final action on the bill is expected next week. The Senate yesterday voted 82 to 15 to start debate on the conference report. The House is expected to vote on the bill under 'suspension of the rules,' which is reserved for non-controversial, bipartisan bills. You can leaf through the 3,093 pages at this link.
FISA. One provision in the defense bill which has created a fuss among some Republicans was a four-month extension of FISA Section 702, which allows U.S. Intelligence to target foreigners located outside the United States. Backers say it's a crucial tool for the Intelligence Community. Critics argue it's used as a backdoor way to get warrantless access to emails and communications of Americans.
OPPOSITION. On the liberal side of the ledger, groups like the American Civil Liberties Union call Section 702 a 'mass spying program.' You also hear that from the conservative side. Lawmakers in both parties have proposed major changes to the program, including 'strong scrutiny' of warrantless intelligence gathering.
ON BOARD. In a rare joint statement, Senate Majority Leader Schumer and Minority Leader McConnell specifically expressed their support for the temporary FISA extension - and a push for reforms.
STATEMENT. "Reforming FISA authorities to prevent abuse while ensuring our ability to defend our nation is a shared bipartisan, bicameral priority," Schumer and McConnell wrote. But action on that front is not expected until next year.
REGULAR ORDER. The holiday season is here - and that means you might need a gift idea over the next few weeks. Why not give someone the gift of straight news, and buy them a subscription to ‘Regular Order.’ If that doesn’t work, you can always just buy me a drink.
COLLEGE LEADERS. The brutally bad public answers this week at a House hearing by the leaders of Penn, Harvard, and MIT will mean more scrutiny from the Congress. Republicans said yesterday they will launch an official investigation into how those schools have dealt with anti-Jewish protests on their campuses.
PROBE. "The Education and Workforce Committee is launching an official Congressional investigation with the full force of subpoena power into Penn, MIT, & Harvard and others," Rep. Elise Stefanik (R-NY) tweeted, as she labeled the testimony of school presidents 'pathetic and morally bankrupt.'
TESTIMONY. What otherwise might have been just another hearing on Capitol Hill instead turned into a P.R. nightmare for those schools, as the college chieftains wouldn't say that 'calling for Jewish genocide' was a violation of their campus free speech policies.
OTHER SCHOOLS. Republicans basically put all colleges on notice. "Other universities should expect investigations as well, as their litany of similar failures has not gone unnoticed," said Rep. Virginia Foxx (R-NC).
FREE ADVICE. If you are a college president and have not already sat down with staff to put together your stock answer for when you are asked this type of question - you deserve to lose your job.
CASUALTY LIST. Another Democrat from North Carolina has decided against a reelection bid. Like outgoing Rep. Jeff Jackson (D-NC), Rep. Kathy Manning (D-NC) blamed her decision on the GOP state legislature, which approved a new Congressional district map that dramatically favors Republicans for the 2024 elections.
MANNING. "Republican leaders have put their partisan self-interest above the people they’re elected to serve," Manning said in a statement. "It’s the shameful act of leaders who know they can't win under fair districts." Democrats are challenging the new map in court.
TAR HEEL. The current North Carolina delegation to the Congress is split evenly at 7-7 for each party - but after the next election, Republicans could make it 10-4 with the new map. If Republicans hold on to the majority in the U.S. House, North Carolina may be the reason why.
NUMBERS. Overall, 31 House members won't be back after the 2024 elections. That figure does not include members like ex-Speaker Kevin McCarthy, who will be resigning at the end of the year. His seat will be filled by a special election in 2024.
BOWMAN. The House voted 216-191 on Thursday to censure Rep. Jamaal Bowman (D-NY), the guy who pulled a fire alarm in a House office building during a Saturday session in late September. "Their censure resolution against me demonstrates their inability to govern," Bowman argued in vain.
REBUKE. Unlike the censure last month against Rep. Rashida Tlaib (D-MI), Bowman was required to stand in the Well of the House, and have the resolution against him read by the Speaker. A number of Democrats flanked Bowman to show their support.
CENSURE. When I was young, censure was a big, big deal - used to publicly punish lawmakers for things like fraud and corruption. Now - it's been done three times to Democrats this year for investigating Donald Trump (Adam Schiff), saying bad things about Israel (Tlaib), and pulling a fire alarm (Bowman).
AFTERMATH. You could sense the lack of impact of this censure from just off the House floor. After the vote, Bowman walked into the Speaker's Lobby, and headed down the stairs. It looked like any other day at the Capitol. No reporters chased after him. No photographers were on hand.
JANUARY 6. Your tax dollars at work - House Republicans are hiring people to blur out faces in the Jan. 6 tapes that are being publicly released, in order to keep rioters from being identified and charged with crimes. More in my column for the Atlanta Journal-Constitution.
RAP SHEET. If you read one summary about a Jan. 6 rioter - make it this one. Dana Jean Bell of Texas assaulted a TV news anchor outside the Capitol, joined the mob in pushing her way into the Capitol, made it to where Ashli Babbitt was shot, repeatedly yelled at police, called one officer a 'fucking pussy traitor,’ and then actively resisted being forced out of the building.
THREE PERCENT. A former police chief from California was sentenced to over 11 years in prison yesterday for his actions on Jan. 6. Alan Hostetter - a member of the Three Percenters militia group - drove cross country to D.C. with weapons in his car. Hostetter claims Jan. 6 was a 'set up' by the feds, and that Ashli Babbitt's shooting death was a hoax.
MUSE OF HISTORY. December 8, 1829. In his first message to Congress, President Andrew Jackson asked for an amendment to the Constitution eliminating the Electoral College. Still stung by his loss in 1824 when the race was thrown into the House of Representatives, Jackson wanted the people to directly elect a President. "To the people belongs the fight of electing their Chief Magistrate," Jackson wrote, also proposing a single term limit for a President of four or six years.
LEGISLATIVE PROGRAM:
The House is back on Monday.
The Senate returns on Monday.
Check President Biden’s schedule.
Follow me on Twitter @jamiedupree.
Email me at jamiedupree@substack.com
If you want to say ‘thanks’ - you can buy me a beer - or a cup of coffee.
I read the summary on Bell as you asked. Definitely not a tourist. Also, that person that received 11 years. That's one of the highest sentences to date I believe.