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The Federal Tap: Revised Senate health bill revealed; whip-counting begins for Republicans

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July 14, 2017Issue No. 73

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THE WEEK IN REVIEW

Sunday, July 9

Ceasefire in southwestern Syria negotiated by U.S. and Russia takes effect

  • First announced last Friday, the ceasefire in southwestern Syria brokered by the United States and Russia took effect on Sunday. Under the truce, de-escalation zones will be created in the region, while the U.S. and Jordan works with Syrian rebels and Russia with the Assad regime to curb conflict. Secretary of State Rex Tillerson confirmed that the U.S. did not envision the Assad regime retaining control in the future. "Yes, our position continues to be that we see no long-term role for the Assad family or the Assad regime. And we have made this clear to everyone—we've certainly made it clear in our discussions with Russia—that we do not think Syria can achieve international recognition in the future. Even if they work through a successful political process, the international community simply is not going to accept a Syria led by the Assad regime," he said.

Monday, July 10

U.S.-backed forces retake ISIS stronghold in Iraq

  • Iraqi Prime Minister Haider al-Abadi announced that Iraqi Security Forces (ISF) defeated the self-described Islamic State in Iraq and Syria (ISIS) to retake control of Mosul, Iraq, the largest city in either Iraq or Syria held by the terrorist group. Army Lt. Gen. Stephen J. Townsend, the Combined Joint Task Force Operation Inherent Resolve commander, congratulated al-Abadi and the ISF on their victory. He added that "this victory alone does not eliminate ISIS and there is still a tough fight ahead. But the loss of one of its twin capitals and a jewel of their so-called caliphate is a decisive blow." In the following days, ISF will work to remove the few remaining ISIS terrorists from the city and dismantle explosive devices. The nearly nine-month battle for Mosul killed thousands of civilians and displaced more than 920,000 others. The focus of the fight to complete the destruction of ISIS' self-described caliphate is continuing in Raqqa, Syria, the group's de facto capital. Last week, U.S. backed forces breached a strategic wall in Raqqa in the fight to retake the city from ISIS.

Rep. Steve Pearce announces gubernatorial run

  • Republican Rep. Steve Pearce (NM-2) announced that he would run for governor of New Mexico in 2018, rather than seek re-election to his U.S. House seat. Pearce joined several Democrats who were already in the race, including fellow U.S. Rep. Michelle Lujan Grisham (NM-1). Prior to his announcement, several Democratic challengers had already announced bids for his seat. New Mexico’s 2nd District is the only district of the state’s three U.S. House districts that is currently held by a Republican. Prior to Pearce’s announcement, the seat was expected to be a safe Republican hold in 2018.

D.C. Circuit Judge Janice Rogers Brown to retire from court in August.

  • On Monday, D.C. Circuit Judge Janice Rogers Brown announced that she would retire from federal judicial service on August 31, 2017. Brown has served as a federal judge since her confirmation to the D.C. Circuit in 2005. Previously, she was an associate justice of the California Supreme Court. Brown's impending retirement will create the only vacancy on the D.C. Circuit out of the 11 active judicial positions on that court provided by federal law. Brown's vacancy will also create another open Article III position in the federal judiciary. To enter into an Article III position, a candidate must be nominated by the president and that nomination is subject to the advice and consent of the U.S. Senate. As of July 11, there is a 15% vacancy rate among Article III judicial positions to which a confirmed nominee is commissioned to serve a life term.
    • For more on judicial vacancies during President Trump’s first term, read our report.

Tuesday, July 11

U.S. and Qatar sign counterterrorism agreement

  • The United States and Qatar signed a memorandum of understanding to combat and share information about the financing of terrorism. Qatar is the first nation to take steps to fight terrorism as President Donald Trump requested during his May 2017 speech in Riyadh. Secretary of State Rex Tillerson, who was in Qatar to help negotiate an end to the dispute between a group of Arab states in the Persian Gulf and Qatar, praised Qatar for being the first nation to take Trump's challenge to stop the funding of terrorism. Tillerson said, “The agreement in which we both have signed on behalf of our governments represents weeks of intensive discussions between experts and reinvigorates the spirit of the Riyadh summit. The memorandum lays out a series of steps the two countries will take over the coming months and years to interrupt and disable terror financing flows and intensify counterterrorism activities globally. … Together, the United States and Qatar will do more to track down funding sources, will do more to collaborate and share information, and will do more to keep the region and our homeland safe.”

Jimmy Gomez sworn into Congress

  • Democrat Jimmy Gomez (CA-34) was sworn into Congress. Gomez won election to the seat by defeating fellow Democrat Robert Lee Ahn in a special election that occurred on June 6. After winning election, Gomez delayed his resignation from the State Assembly in order to vote on the state’s cap-and-trade program. The month-long delay in being sworn in is unusual, as the average time between a special election and being sworn into Congress is one week. Gomez’s swearing-in brings the partisan count in the House to a 240-194 Republican majority with one vacancy remaining. Get caught up on all of this year’s congressional special elections on our overview page.

Human Rights Campaign to spend $26 million for 2018

  • The Human Rights Campaign, the country's largest advocacy and lobbying group for LGBTQ issues, announced it plans to spend $26 million for staff, organizing, and advocacy efforts in Ohio, Pennsylvania, Michigan, Wisconsin, Arizona, and Nevada for the 2018 elections. The effort, which the group is calling HRC Rising, will use what they call an "Equality Voter Model," targeting participation from both LGBTQ voters as well as voters who would oppose a candidate based on his or her positions concerning LGBTQ people.

Republican candidates in Utah’s 3rd Congressional district debate; poll indicates most voters are undecided

Homeland Security delays rule allowing international entrepreneurs into the United States

  • The U.S. Department of Homeland Security issued a rule that delayed implementation of an Obama administration rule related to international entrepreneurs. The rule would have allowed entrepreneurs from foreign countries to enter the United States for 30 months to establish a start-up business. To be eligible, entrepreneurs had to either raise at least $250,000 from American investors or receive at least $100,000 in grants from American federal, state, and local government entities. Such entries would have occurred under DHS's parole authority, through which individuals who do not meet visa requirements may be allowed entry at the discretion of the secretary of homeland security.
  • The rule was originally slated to go into effect on July 17, 2017. The new notice from DHS delayed implementation until March 14, 2018. DHS stated that the reason for the delay was to consider the rule in light of President Trump's executive order Border Security and Immigration Enforcement Improvements, which directed the secretary of homeland security to exercise parole authority on a case-by-case basis and "only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole." DHS also stated that delaying the rule would give the department the opportunity to receive public comments on a proposal to rescind the rule.

Wednesday, July 12

FBI director nominee Wray says Russia probe is not a witch hunt during confirmation hearing

Brooks and Strange compete for spot in likely primary runoff election for Senate seat in Alabama

  • The Senate Leadership Fund (SLF) released an ad criticizing Alabama special election candidate Rep. Mo Brooks (R-Ala.) for not supporting President Donald Trump during the 2016 presidential election. Pictured next to images of top Democrats Nancy Pelosi (Calif.) and Elizabeth Warren (Mass.), Brooks is described by the narrator as "siding with them, not Alabama conservatives." The SLF announced in May that it had reserved $2.6 million for advertisements to support Brooks' rival, incumbent Sen. Luther Strange (R-Ala.), in the special election.
    • Earlier in the week, Brooks released an ad calling for the funding of a wall along the U.S.-Mexico border. "President Trump promised a wall to keep us safe and to protect American jobs for American workers. But even some establishment Republicans are blocking the way. Elect me to the Senate, and I’ll fight every spending bill that doesn’t fund that wall," Brooks says in the clip. Strange also released an ad two weeks ago to advocate for Trump's immigration agenda, including the construction of a border wall.
    • The primary will be held on August 15, with a runoff scheduled for September 26 if no candidate receives more than 50 percent of the vote. Although no public polls have been released, an internal Brooks campaign poll found that no candidate was near the winning threshold, and a third contender, Judge Roy Moore, led the field by nine points.

Tom Perez donates to former rivals’ campaign committees

  • In a review of IRS filings, Politico reported that in March, DNC chair Tom Perez donated to the campaign committees of three former rivals for the chair position to help pay off their campaign debts. Perez’s campaign committee gave $22,270 to Jaime Harrison, $5,000 to Jehmu Greene, and gave to Sally Boynton Brown as well. Harrison said the donation was not solicited and was not discussed prior to his endorsement of Perez. According to a Perez aide, the payments went to candidates who asked for help paying off their campaign debts.

Articles of impeachment introduced against President Donald Trump

David C. Nye confirmed as Idaho federal judge

Thursday, July 13

Four judicial nominees reported out of Senate Judiciary Committee

Barack Obama returns to politics in redistricting effort

Trump Jr. expected to testify before the Senate Judiciary Committee

  • The chair of the Senate Judiciary Committee, Sen. Chuck Grassley (R-Iowa), announced that he wanted Donald Trump Jr., President Donald Trump's eldest son, to testify before the committee, following a report from The New York Times that Trump Jr. met with a Russian lawyer in June 2016 who he believed to have damaging information about Hillary Clinton, then the presumptive Democratic presidential nominee. The Senate Judiciary Committee is one of at least five congressional committees investigating Russian interference in the 2016 presidential election and related issues.
    • Trump Jr. released the email exchange related to the meeting on Tuesday. In the email thread, music publicist Rob Goldstone told Trump Jr. that he knew of someone who could provide information "that would incriminate Hillary and her dealings with Russia and would be very useful to your father." He continued, "This is obviously very high level and sensitive information but is part of Russia and its government's support for Mr. Trump." Trump Jr. responded, "Seems we have some time and if it's what you say I love it especially later in the summer.”
    • In an interview on Tuesday, Trump Jr. said, “For me this was opposition research...so I think I wanted to hear it out. But really it went nowhere and it was apparent that wasn’t what the meeting was about.” President Trump also released the following statement: "My son is a high-quality person and I applaud his transparency."
    • Rep. Eliot Engel (D-N.Y.), the ranking member on the House Foreign Affairs Committee, called for Congress to establish an independent commission to investigate the Trump administration’s possible ties to Russia. He said in statement, “Donald Trump, Jr. has made clear that his father's campaign was willing to work with an adversary of the United States in order to defeat Hillary Clinton. He also revealed that the Trump Administration's numerous and vehement denials of contact between the campaign and Russia weren't truthful.”

Senate releases revised health bill; two Republican senators remain opposed

  • The Senate released a revised version of the Better Care Reconciliation Act. The bill included the following changes:
    • Any individual may purchase a catastrophic health plan (under the ACA, this was restricted to individuals under 30 or those who meet a hardship exemption).
    • Tax credits could be used to purchase catastrophic plans.
    • An additional $70 billion between 2019 and 2026 would be provided to states for individual market stabilization.
    • The ACA's 0.9 percent payroll tax for Medicare would be retained.
    • The ACA's 3.8 percent tax on investment income would be retained.
    • Withdrawals from health savings accounts could be used to pay health insurance premiums.
    • A total of $45 billion would be provided to address the opioid epidemic.
    • Individual health plans in effect after January 1, 2019, would be required to enforce a six-month waiting period on coverage for individuals who could not prove that they'd had continuous health insurance for the previous 12 months.
    • Health insurers could offer plans off the exchanges that do not comply with ACA standards if they also offer one gold-level and one silver-level ACA compliant plan on the exchanges.
    • A fund would be established that reimburses health insurers for the cost of covering high-risk individuals.
  • According to The New York Times, Senators Rand Paul (R-Ky.) and Susan Collins (R-Maine) remained opposed to moving the bill to the floor for debate. Senator Mike Lee (R-Utah) said it was unclear to him if the bill was an improvement, and Senators Shelley Moore Capito (R-W.Va.) and Rob Portman (R-Ohio) expressed concern over the Medicaid provisions, which were largely unchanged in the revised bill. An analysis of the bill from the Congressional Budget Office is expected early next week.

President Trump sends nine judicial nominations to the U.S. Senate

Congress is in session

The Senate will be in session Monday through Friday. The House will be in session Monday through Thursday.

SCOTUS is NOT in session

The U.S. Supreme Court has concluded its 2016 October term. The court will continue to act on emergency petitions throughout the summer and consider petitions for case review in advance of the court’s 2017 October term, which begins on Monday, October 2, 2017. For more on the court’s recently completed term, read our review.

Verbatim Fact Checks

President Trump announced on June 1 that the United States would withdraw from the Paris Climate Agreement. EPA Administrator Scott Pruitt claimed that the United States is committed to reducing emissions of CO2 and other greenhouse gases, noting, "From 2000 to 2014, this country saw a reduction in CO2 emissions by over 18 percent through leadership, innovation, and technology."

According to an EPA official, Pruitt was referring to per capita CO2 emissions. By that measure, emissions fell by 18.1 percent between 2000 and 2014, according to the EIA.

U.S. gross greenhouse gas emissions (measured as CO2 equivalents) fell by 7 percent between 2000 and 2014 and by 9 percent between 2000 and 2015, according to the EPA. According to the World Bank, gross greenhouse gas emissions (in CO2 equivalents) fell by 9 percent between 2000 and 2012 (the latest data available).

WHAT'S ON TAP NEXT WEEK

Here's what is happening in federal politics this week. To see what happened in state and local politics, click here.

Wednesday, July 19

Senate Veterans Claims Committee to hold hearings on three nominees to the Court of Appeals for Veterans Claims

Thursday, July 20

Senate Judiciary Committee to vote on Trump’s nominee to serve as FBI director

Senate Judiciary Committee to vote on reporting nominee to district court in Washington, D.C.

Friday, July 21

Gregory Jackson, associate judge of D.C. Superior Court, to take senior status

  • Gregory Jackson, an associate judge on the Superior Court of the District of Columbia, will elect to take senior status on that court beginning on Friday. Jackson was first nominated to the court in 2003 by President George W. Bush. He was confirmed by the U.S. Senate in November of 2004 and received his appointment to the court in 2005. Judge Jackson’s decision to take senior status will create a seventh vacancy on the court. The court has 62 active judicial positions.

=Where was the president last week?

  • On Tuesday, President Donald Trump met with Secretary of State Rex Tillerson, Secretary of the Treasury Steven Mnuchin, Secretary of Defense James Mattis, and National Security Advisor H.R. McMaster.
  • On Wednesday, President Trump and First Lady Melania Trump departed the United States for Paris, France.
  • On Thursday, the president and first lady arrived in Paris and met with President of France Emmanuael Macron.
  • On Friday, the president and first lady attended the French National Day Parade before departing Paris for the Trump National Golf Club in Bedminster, New Jersey.


Federal Judiciary

  • 147 total federal judicial vacancies
  • 26 pending nominations
  • 24 future vacancies


About

The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

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