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finished intelligence products that the committee could already access. This story has been updated with testimony from Tuesday’s hearing

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Washington (CNN)Former US Capitol Police Chief Steven Sund will tell lawmakers Tuesday that law enforcement was prepared for the January 6 US Capitol riots based on the intelligence it had but that intelligence did not suggest a violent, coordinated attack, which overwhelmed their forces that day.
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“The breach of the United States Capitol was not the result of poor planning or failure to contain a demonstration gone wrong,” Sund says in written testimony submitted for the hearing.
Sund will testify alongside other law enforcement leaders Tuesday where Americans could hear for the first time why intelligence and operations failed dramatically on January 6 from the very people whose choices contributed to the crisis — information that will likely help shape the search for new leaders and possibly a new security management structure on Capitol Hill.
The Senate Homeland Security and Government Affairs and Senate Rules committees are holding an open hearing during which they will grill Sund, former House Sergeant at Arms Paul Irving, former Senate Sergeant at Arms Michael Stenger, and acting Metropolitan Police Chief Robert Contee about how such a catastrophic failure occurred, and how to prevent it in the future.
Irving will testify that intelligence assessments before the January 6 attack incorrectly concluded that there was only a “remote” to “improbable” chance of a civil disturbance that day, according to prepared testimony.
“The intelligence was not that there would be a coordinated assault on the Capitol, nor was that contemplated in any of the inter-agency discussions that I attended in the days before the attack,” Irving will say.
Contee has already spoken before lawmakers in a closed-door hearing, but the testimonies of Irving, Stenger, and Sund could be monumental. All three played critical roles in deciding how to prepare for the rally on January 6, and yet, Americans have heard hardly anything from any of them.
6 Capitol Police officers suspended, 29 others being investigated for alleged roles in riot
6 Capitol Police officers suspended, 29 others being investigated for alleged roles in riot
Sund has spoken sporadically. His loudest statement to date arrived in a letter he sent to congressional leadership detailing the decision-making process leading up to January 6 and his response once the rally turned violent.
According to Sund’s letter at the time, he asked Irving and Stenger, who together with the Capitol Architect form the board that oversees the police department, to request the National Guard before the event.
Irving said he “was concerned about the ‘optics’ and didn’t feel the intelligence supported it,” Sund wrote. The sergeant for the Senate, Stenger, suggested asking the Guard to be ready in case Sund needed them.
Search for new Capitol Police chief
Thursday, acting USCP Chief Yogananda Pittman is scheduled to testify in an open hearing in front of the House Appropriations Committee. That will also mark the first time Pittman takes questions publicly. She previously appeared in a closed-door hearing in which she apologized to lawmakers.
FBI and intel agencies hand over first documents to lawmakers ahead of Capitol attack hearings next week
FBI and intel agencies hand over first documents to lawmakers ahead of Capitol attack hearings next week
Her new testimony comes as officials are starting the search for a new USCP chief.
A congressional source told CNN that Congress is moving forward with hiring an outside entity to begin the search.
Several other committees working together have already received briefings and documents from intelligence agencies as part of the numerous probes.
The House Intelligence, Homeland Security, Oversight and Judiciary committees’ joint review prompted an initial production of documents last week from FBI, DHS and NCTC, a congressional source told CNN. Additionally, they have received several briefings from the three agencies.
The source said so far the documents have mostly been finished intelligence products that the committee could already access.
This story has been updated with testimony from Tuesday’s hearing

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New mask wars threaten Biden’s pandemic response at critical moment

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Top House Democrats have promised to put key immigration bills on the floor this month — but President Joe Biden’s sweeping overhaul won’t be one of them.

The issue of what to do with Biden’s comprehensive immigration plan has bedeviled Speaker Nancy Pelosi and her leadership team, particularly after a disappointing whip count came back this week showing they don’t yet have the votes to pass the bill on the floor, according to people familiar with the talks.
With the Republican Party broadly embracing election disinformation, voter suppression and minority rule, it falls to Democrats to bear the standard of democracy. Doing so will require them to finish off an anti-democratic tradition of a quasi-democratic body, the Senate filibuster.

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The House on Wednesday considered Democrats’ signature response to the party opposite’s authoritarian drift in the form of HR1, an omnibus of election, redistricting and campaign finance reforms. Its fate and perhaps that of American democracy depend on the Democrats’ willingness to use the majority they narrowly won in the Senate, where their 50 seats represent 41.5 million more Americans than the equivalent Republican caucus.

Democratic San Jose Rep. Zoe Lofgren, who chairs the House caucus with jurisdiction over the bill, noted the thwarted popular will for addressing climate change and raising the minimum wage in a news conference before the House vote. “Nothing else happens unless the people’s voices are heard,” she said.

House Speaker Nancy Pelosi, clutching a miniature American flag on the steps of the Capitol, agreed. “This reminds me of what it must have felt like at Valley Forge,” the San Francisco Democrat said. “Everything is at stake.”

It’s not much of an exaggeration. Pelosi and her fellow representatives stood at the scene of the violent insurrection that delayed Congress’ certification of President Biden’s election just two months ago, while further security threats canceled a House session scheduled for Thursday. Though the mob that stormed the capital on Jan. 6 literally called for Mike Pence’s neck, the former vice president typified the party’s stance by embracing the false claims of election fraud that fueled the violence in an op-ed published Wednesday, joining former President Donald Trump in attacking HR1.

Republican-run state legislatures, meanwhile, already have begun moving bills to limit ballot access and suppress participation. The party can also be counted on to oust several members of the House’s slim Democratic majority in two years not by persuading voters but through nakedly partisan gerrymandering, which already gives Republicans an advantage over their vote share of as many as 22 seats, or twice the current Democratic advantage, according to an Associated Press analysis. A restoration of Republican control of Congress could in turn mean that the next attempt to overturn certification of a legitimate presidential election succeeds.

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HR1 would stem this anti-democratic movement by setting national standards for ballot access, easing voter registration nationwide, requiring early voting and prohibiting excessive barriers to voting by mail. It would also impose more transparency on large political donations and create a matching system for small donations to congressional campaigns. And it would mandate California-style independent redistricting commissions to prevent partisan gerrymandering.

While these measures would empower voters regardless of their politics, they are unlikely to draw much support from a party increasingly dedicated to voter suppression and amenable to overturning elections. That has turned attention to what remains of the filibuster, which effectively requires 60 votes to pass most legislation and would therefore doom HR1 in the Senate. Undoing that tradition would require the assent of the more conservative-leaning Democrats such as West Virginia’s Joe Manchin, Arizona’s Kyrsten Sinema and California’s Dianne Feinstein, who have defended the filibuster. It’s time for these and other Democrats to live up to their label and defend democracy instead.

So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support.

The chair of the House Judiciary Committee, Rep. Jerry Nadler (D-N.Y.), confirmed the path forward, calling the Biden proposal both “important and serious.”

“We need to engage in some consultation with key members and stakeholders, but I see no reason why we wouldn’t mark it up when we reconvene in April,” Nadler said in a statement to POLITICO.

Biden’s proposal is a top priority for progressives and the Congressional Hispanic Caucus, who say it’s critical to take action in the early months of his term. But Democratic leaders were never going to bring up a bill on the floor that would fail — putting them on a tightrope as they try to keep all factions of their diverse caucus on board for a realistic approach to one of Washington’s thorniest issues. Further complicating matters, the White House has taken more of a hands-off approach to the bill’s future in the House, several lawmakers and aides said.

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“We need to have a discussion. It was put together by a few people. I don’t know what the role of the administration has been,” said Rep. Tom O’Halleran (D-Ariz.), a border-state Democrat who belongs to the centrist Blue Dog Coalition. “But I have a sense that it’s just not quite ready yet.”

Rep. Pramila Jayapal (D-Wash.), who leads the Congressional Progressive Caucus, acknowledged that “it’s difficult because of the schedule,” but vowed that “at the same time, we’re pushing very hard” to lend momentum to Biden’s sweeping proposal.

“It’s like we have three pedals, and we’re pushing every one of them with just as much strength,” she said, referring to a pair of other, more targeted immigration bills that will hit the floor in two weeks.

Pelosi, House Majority Leader Steny Hoyer and House Majority Whip Jim Clyburn (D-S.C.) huddled on Tuesday evening to discuss the whip count and strategize on what to do next. That meeting was interrupted as the nominee to lead Biden’s budget office yanked her name from consideration, and multiple Democrats said Wednesday that immigration issues remained unresolved.

Proponents of the Biden bill, meanwhile, are still furiously working the phones to get their colleagues on board. That group, led by California Reps. Linda Sánchez, Judy Chu and Zoe Lofgren, has also lined up meetings with influential groups across the caucus, including the Blue Dogs on Tuesday and progressives on Thursday. Sánchez and Lofgren, along with other top Democrats, also spoke to the New Democrat Coalition late last month.

President Joe Biden signs an executive order in the State Dining Room of the White House, Wednesday, Feb. 24, 2021, in Washington, as Vice President Kamala Harris watches.
IMMIGRATION

Biden promised a ‘fair and humane’ immigration overhaul. What he inherited is a mess.
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One of the White House’s leading officials on immigration, Tyler Moran, will also hold a staff briefing on the bill on Friday.

It’s unclear if or when Biden’s bill will come to the floor after moving through the Judiciary Committee in April. But several Democrats have been privately pushing leadership to make a decision one way or the other, privately expressing frustration that top Democrats were still projecting the possibility of the massive bill coming to the floor in March.

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In recent days, Democratic leaders have publicly sounded a note of skepticism, while acknowledging the final push behind the scenes.

“If ready, we will also consider comprehensive immigration reform,” Hoyer told reporters this week as he ticked off the upcoming floor schedule. “But I stress, if ready. There’s a lot of discussion going on about that.”

Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks — one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate.

But some members of the CHC say those bills aren’t enough because they don’t go nearly as far as Biden’s plan.

“I want to make sure the broader bill gets as much support as possible, and that we send it over as quickly as possible, and that we get this done,” said Rep. Veronica Escobar (D-Texas), who helped shape Biden’s proposal and has been actively lobbying her colleagues on the bill.

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“My fear, always, is that we will get morsels and, as a Congress, continue to kick the can down the road,” she said.

As Democrats move quickly toward a piecemeal immigration strategy, some corners of their caucus have begun to seek changes to the Biden plan. Some moderates, for instance, are pushing to include a provision requiring employers to confirm workers’ legal status — known as e-verify. Progressives, meanwhile, want some tweaks to ensure the bill doesn’t disqualify people from citizenship because of minor infractions on their criminal record.

It’s not clear yet which changes might be made to the bill. The Biden administration has repeatedly expressed a willingness to consider more tailored immigration measures that Democrats can get to the president’s desk. A White House official said the administration was in “regular touch” with lawmakers on immigration reform and would continue to hold briefings on Biden’s immigration priorities as Congress considers proposals.

Rep. Tom Malinowski (D-N.J.), a swing-district Democrat, has been making the case to Biden’s Hill team that an e-verify provision should be part of the bill, just as it was in the bipartisan immigration bill in 2013 that fell just short of passage.

“Yes, I support what’s in the bill. I think we would be in a stronger position to get it enacted if we eventually ended up where, I think, the middle ground is,” Malinowski said. “I think for both solid political, practical reasons and moral reasons, those two things should go together.”

The biggest fear for many progressives, however, is what could happen to the bill to win over the party’s centrists, either in the House or when the bill crosses over to the Senate.

“We don’t want this bill to be watered down before it gets to the floor, which is sometimes what happens with immigration bills,” Jayapal said.

Immigration advocates have argued that failing to act on the issue could come back to haunt them politically, leaving Democrats vulnerable among their base in 2022.

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During a session at the House Democratic Caucus’s virtual retreat on Wednesday, advocates shared new polling conducted for the immigrant rights groups FWD.us and America’s Voice, which showed that 63 percent of voters would be “upset” if protections for undocumented immigrants didn’t pass. The online survey of 1,200 voters who participated in the 2020 election was conducted Feb. 20-26.

A clean Dream Act proposal received the highest support nationally with 72 percent of voters supporting it compared to 71 percent support for a bill providing citizenship to undocumented farmworkers and 66 percent support for citizenship for undocumented essential workers. The latter is a proposal that has been pushed by Rep. Joaquin Castro (D-Texas) alongside Sens. Elizabeth Warren (D-Mass.) and Alex Padilla (D-Calif.).

“Voters will be upset over inaction, especially the voters Democrats need to show up in the midterm elections,” stated the polling memo shared with House Democrats and obtained by POLITICO. “Republicans will not receive all or even most of the blame should the efforts to pass citizenship bills fail.

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Top House Democrats have promised to put key immigration bills on the floor this month — but President Joe Biden’s sweeping overhaul won’t be one of them.

The issue of what to do with Biden’s comprehensive immigration plan has bedeviled Speaker Nancy Pelosi and her leadership team, particularly after a disappointing whip count came back this week showing they don’t yet have the votes to pass the bill on the floor, according to people familiar with the talks.
With the Republican Party broadly embracing election disinformation, voter suppression and minority rule, it falls to Democrats to bear the standard of democracy. Doing so will require them to finish off an anti-democratic tradition of a quasi-democratic body, the Senate filibuster.

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The House on Wednesday considered Democrats’ signature response to the party opposite’s authoritarian drift in the form of HR1, an omnibus of election, redistricting and campaign finance reforms. Its fate and perhaps that of American democracy depend on the Democrats’ willingness to use the majority they narrowly won in the Senate, where their 50 seats represent 41.5 million more Americans than the equivalent Republican caucus.

Democratic San Jose Rep. Zoe Lofgren, who chairs the House caucus with jurisdiction over the bill, noted the thwarted popular will for addressing climate change and raising the minimum wage in a news conference before the House vote. “Nothing else happens unless the people’s voices are heard,” she said.

House Speaker Nancy Pelosi, clutching a miniature American flag on the steps of the Capitol, agreed. “This reminds me of what it must have felt like at Valley Forge,” the San Francisco Democrat said. “Everything is at stake.”

It’s not much of an exaggeration. Pelosi and her fellow representatives stood at the scene of the violent insurrection that delayed Congress’ certification of President Biden’s election just two months ago, while further security threats canceled a House session scheduled for Thursday. Though the mob that stormed the capital on Jan. 6 literally called for Mike Pence’s neck, the former vice president typified the party’s stance by embracing the false claims of election fraud that fueled the violence in an op-ed published Wednesday, joining former President Donald Trump in attacking HR1.

Republican-run state legislatures, meanwhile, already have begun moving bills to limit ballot access and suppress participation. The party can also be counted on to oust several members of the House’s slim Democratic majority in two years not by persuading voters but through nakedly partisan gerrymandering, which already gives Republicans an advantage over their vote share of as many as 22 seats, or twice the current Democratic advantage, according to an Associated Press analysis. A restoration of Republican control of Congress could in turn mean that the next attempt to overturn certification of a legitimate presidential election succeeds.

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HR1 would stem this anti-democratic movement by setting national standards for ballot access, easing voter registration nationwide, requiring early voting and prohibiting excessive barriers to voting by mail. It would also impose more transparency on large political donations and create a matching system for small donations to congressional campaigns. And it would mandate California-style independent redistricting commissions to prevent partisan gerrymandering.

While these measures would empower voters regardless of their politics, they are unlikely to draw much support from a party increasingly dedicated to voter suppression and amenable to overturning elections. That has turned attention to what remains of the filibuster, which effectively requires 60 votes to pass most legislation and would therefore doom HR1 in the Senate. Undoing that tradition would require the assent of the more conservative-leaning Democrats such as West Virginia’s Joe Manchin, Arizona’s Kyrsten Sinema and California’s Dianne Feinstein, who have defended the filibuster. It’s time for these and other Democrats to live up to their label and defend democracy instead.

So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support.

The chair of the House Judiciary Committee, Rep. Jerry Nadler (D-N.Y.), confirmed the path forward, calling the Biden proposal both “important and serious.”

“We need to engage in some consultation with key members and stakeholders, but I see no reason why we wouldn’t mark it up when we reconvene in April,” Nadler said in a statement to POLITICO.

Biden’s proposal is a top priority for progressives and the Congressional Hispanic Caucus, who say it’s critical to take action in the early months of his term. But Democratic leaders were never going to bring up a bill on the floor that would fail — putting them on a tightrope as they try to keep all factions of their diverse caucus on board for a realistic approach to one of Washington’s thorniest issues. Further complicating matters, the White House has taken more of a hands-off approach to the bill’s future in the House, several lawmakers and aides said.

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“We need to have a discussion. It was put together by a few people. I don’t know what the role of the administration has been,” said Rep. Tom O’Halleran (D-Ariz.), a border-state Democrat who belongs to the centrist Blue Dog Coalition. “But I have a sense that it’s just not quite ready yet.”

Rep. Pramila Jayapal (D-Wash.), who leads the Congressional Progressive Caucus, acknowledged that “it’s difficult because of the schedule,” but vowed that “at the same time, we’re pushing very hard” to lend momentum to Biden’s sweeping proposal.

“It’s like we have three pedals, and we’re pushing every one of them with just as much strength,” she said, referring to a pair of other, more targeted immigration bills that will hit the floor in two weeks.

Pelosi, House Majority Leader Steny Hoyer and House Majority Whip Jim Clyburn (D-S.C.) huddled on Tuesday evening to discuss the whip count and strategize on what to do next. That meeting was interrupted as the nominee to lead Biden’s budget office yanked her name from consideration, and multiple Democrats said Wednesday that immigration issues remained unresolved.

Proponents of the Biden bill, meanwhile, are still furiously working the phones to get their colleagues on board. That group, led by California Reps. Linda Sánchez, Judy Chu and Zoe Lofgren, has also lined up meetings with influential groups across the caucus, including the Blue Dogs on Tuesday and progressives on Thursday. Sánchez and Lofgren, along with other top Democrats, also spoke to the New Democrat Coalition late last month.

President Joe Biden signs an executive order in the State Dining Room of the White House, Wednesday, Feb. 24, 2021, in Washington, as Vice President Kamala Harris watches.
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One of the White House’s leading officials on immigration, Tyler Moran, will also hold a staff briefing on the bill on Friday.

It’s unclear if or when Biden’s bill will come to the floor after moving through the Judiciary Committee in April. But several Democrats have been privately pushing leadership to make a decision one way or the other, privately expressing frustration that top Democrats were still projecting the possibility of the massive bill coming to the floor in March.

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In recent days, Democratic leaders have publicly sounded a note of skepticism, while acknowledging the final push behind the scenes.

“If ready, we will also consider comprehensive immigration reform,” Hoyer told reporters this week as he ticked off the upcoming floor schedule. “But I stress, if ready. There’s a lot of discussion going on about that.”

Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks — one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate.

But some members of the CHC say those bills aren’t enough because they don’t go nearly as far as Biden’s plan.

“I want to make sure the broader bill gets as much support as possible, and that we send it over as quickly as possible, and that we get this done,” said Rep. Veronica Escobar (D-Texas), who helped shape Biden’s proposal and has been actively lobbying her colleagues on the bill.

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“My fear, always, is that we will get morsels and, as a Congress, continue to kick the can down the road,” she said.

As Democrats move quickly toward a piecemeal immigration strategy, some corners of their caucus have begun to seek changes to the Biden plan. Some moderates, for instance, are pushing to include a provision requiring employers to confirm workers’ legal status — known as e-verify. Progressives, meanwhile, want some tweaks to ensure the bill doesn’t disqualify people from citizenship because of minor infractions on their criminal record.

It’s not clear yet which changes might be made to the bill. The Biden administration has repeatedly expressed a willingness to consider more tailored immigration measures that Democrats can get to the president’s desk. A White House official said the administration was in “regular touch” with lawmakers on immigration reform and would continue to hold briefings on Biden’s immigration priorities as Congress considers proposals.

Rep. Tom Malinowski (D-N.J.), a swing-district Democrat, has been making the case to Biden’s Hill team that an e-verify provision should be part of the bill, just as it was in the bipartisan immigration bill in 2013 that fell just short of passage.

“Yes, I support what’s in the bill. I think we would be in a stronger position to get it enacted if we eventually ended up where, I think, the middle ground is,” Malinowski said. “I think for both solid political, practical reasons and moral reasons, those two things should go together.”

The biggest fear for many progressives, however, is what could happen to the bill to win over the party’s centrists, either in the House or when the bill crosses over to the Senate.

“We don’t want this bill to be watered down before it gets to the floor, which is sometimes what happens with immigration bills,” Jayapal said.

Immigration advocates have argued that failing to act on the issue could come back to haunt them politically, leaving Democrats vulnerable among their base in 2022.

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During a session at the House Democratic Caucus’s virtual retreat on Wednesday, advocates shared new polling conducted for the immigrant rights groups FWD.us and America’s Voice, which showed that 63 percent of voters would be “upset” if protections for undocumented immigrants didn’t pass. The online survey of 1,200 voters who participated in the 2020 election was conducted Feb. 20-26.

A clean Dream Act proposal received the highest support nationally with 72 percent of voters supporting it compared to 71 percent support for a bill providing citizenship to undocumented farmworkers and 66 percent support for citizenship for undocumented essential workers. The latter is a proposal that has been pushed by Rep. Joaquin Castro (D-Texas) alongside Sens. Elizabeth Warren (D-Mass.) and Alex Padilla (D-Calif.).

“Voters will be upset over inaction, especially the voters Democrats need to show up in the midterm elections,” stated the polling memo shared with House Democrats and obtained by POLITICO. “Republicans will not receive all or even most of the blame should the efforts to pass citizenship bills fail.

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The latter is a proposal that has been pushed by Rep. Joaquin Castro (D-Texas) alongside Sens. Elizabeth Warren (D-Mass.) and Alex Padilla (D-Calif.).

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Top House Democrats have promised to put key immigration bills on the floor this month — but President Joe Biden’s sweeping overhaul won’t be one of them.

The issue of what to do with Biden’s comprehensive immigration plan has bedeviled Speaker Nancy Pelosi and her leadership team, particularly after a disappointing whip count came back this week showing they don’t yet have the votes to pass the bill on the floor, according to people familiar with the talks.
With the Republican Party broadly embracing election disinformation, voter suppression and minority rule, it falls to Democrats to bear the standard of democracy. Doing so will require them to finish off an anti-democratic tradition of a quasi-democratic body, the Senate filibuster.

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The House on Wednesday considered Democrats’ signature response to the party opposite’s authoritarian drift in the form of HR1, an omnibus of election, redistricting and campaign finance reforms. Its fate and perhaps that of American democracy depend on the Democrats’ willingness to use the majority they narrowly won in the Senate, where their 50 seats represent 41.5 million more Americans than the equivalent Republican caucus.

Democratic San Jose Rep. Zoe Lofgren, who chairs the House caucus with jurisdiction over the bill, noted the thwarted popular will for addressing climate change and raising the minimum wage in a news conference before the House vote. “Nothing else happens unless the people’s voices are heard,” she said.

House Speaker Nancy Pelosi, clutching a miniature American flag on the steps of the Capitol, agreed. “This reminds me of what it must have felt like at Valley Forge,” the San Francisco Democrat said. “Everything is at stake.”

It’s not much of an exaggeration. Pelosi and her fellow representatives stood at the scene of the violent insurrection that delayed Congress’ certification of President Biden’s election just two months ago, while further security threats canceled a House session scheduled for Thursday. Though the mob that stormed the capital on Jan. 6 literally called for Mike Pence’s neck, the former vice president typified the party’s stance by embracing the false claims of election fraud that fueled the violence in an op-ed published Wednesday, joining former President Donald Trump in attacking HR1.

Republican-run state legislatures, meanwhile, already have begun moving bills to limit ballot access and suppress participation. The party can also be counted on to oust several members of the House’s slim Democratic majority in two years not by persuading voters but through nakedly partisan gerrymandering, which already gives Republicans an advantage over their vote share of as many as 22 seats, or twice the current Democratic advantage, according to an Associated Press analysis. A restoration of Republican control of Congress could in turn mean that the next attempt to overturn certification of a legitimate presidential election succeeds.

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HR1 would stem this anti-democratic movement by setting national standards for ballot access, easing voter registration nationwide, requiring early voting and prohibiting excessive barriers to voting by mail. It would also impose more transparency on large political donations and create a matching system for small donations to congressional campaigns. And it would mandate California-style independent redistricting commissions to prevent partisan gerrymandering.

While these measures would empower voters regardless of their politics, they are unlikely to draw much support from a party increasingly dedicated to voter suppression and amenable to overturning elections. That has turned attention to what remains of the filibuster, which effectively requires 60 votes to pass most legislation and would therefore doom HR1 in the Senate. Undoing that tradition would require the assent of the more conservative-leaning Democrats such as West Virginia’s Joe Manchin, Arizona’s Kyrsten Sinema and California’s Dianne Feinstein, who have defended the filibuster. It’s time for these and other Democrats to live up to their label and defend democracy instead.

So now Democrats are moving ahead with an alternative plan: Move the Biden bill through committee while the full House votes on more targeted immigration legislation that already enjoys broad caucus support.

The chair of the House Judiciary Committee, Rep. Jerry Nadler (D-N.Y.), confirmed the path forward, calling the Biden proposal both “important and serious.”

“We need to engage in some consultation with key members and stakeholders, but I see no reason why we wouldn’t mark it up when we reconvene in April,” Nadler said in a statement to POLITICO.

Biden’s proposal is a top priority for progressives and the Congressional Hispanic Caucus, who say it’s critical to take action in the early months of his term. But Democratic leaders were never going to bring up a bill on the floor that would fail — putting them on a tightrope as they try to keep all factions of their diverse caucus on board for a realistic approach to one of Washington’s thorniest issues. Further complicating matters, the White House has taken more of a hands-off approach to the bill’s future in the House, several lawmakers and aides said.

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“We need to have a discussion. It was put together by a few people. I don’t know what the role of the administration has been,” said Rep. Tom O’Halleran (D-Ariz.), a border-state Democrat who belongs to the centrist Blue Dog Coalition. “But I have a sense that it’s just not quite ready yet.”

Rep. Pramila Jayapal (D-Wash.), who leads the Congressional Progressive Caucus, acknowledged that “it’s difficult because of the schedule,” but vowed that “at the same time, we’re pushing very hard” to lend momentum to Biden’s sweeping proposal.

“It’s like we have three pedals, and we’re pushing every one of them with just as much strength,” she said, referring to a pair of other, more targeted immigration bills that will hit the floor in two weeks.

Pelosi, House Majority Leader Steny Hoyer and House Majority Whip Jim Clyburn (D-S.C.) huddled on Tuesday evening to discuss the whip count and strategize on what to do next. That meeting was interrupted as the nominee to lead Biden’s budget office yanked her name from consideration, and multiple Democrats said Wednesday that immigration issues remained unresolved.

Proponents of the Biden bill, meanwhile, are still furiously working the phones to get their colleagues on board. That group, led by California Reps. Linda Sánchez, Judy Chu and Zoe Lofgren, has also lined up meetings with influential groups across the caucus, including the Blue Dogs on Tuesday and progressives on Thursday. Sánchez and Lofgren, along with other top Democrats, also spoke to the New Democrat Coalition late last month.

President Joe Biden signs an executive order in the State Dining Room of the White House, Wednesday, Feb. 24, 2021, in Washington, as Vice President Kamala Harris watches.
IMMIGRATION

Biden promised a ‘fair and humane’ immigration overhaul. What he inherited is a mess.
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One of the White House’s leading officials on immigration, Tyler Moran, will also hold a staff briefing on the bill on Friday.

It’s unclear if or when Biden’s bill will come to the floor after moving through the Judiciary Committee in April. But several Democrats have been privately pushing leadership to make a decision one way or the other, privately expressing frustration that top Democrats were still projecting the possibility of the massive bill coming to the floor in March.

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In recent days, Democratic leaders have publicly sounded a note of skepticism, while acknowledging the final push behind the scenes.

“If ready, we will also consider comprehensive immigration reform,” Hoyer told reporters this week as he ticked off the upcoming floor schedule. “But I stress, if ready. There’s a lot of discussion going on about that.”

Democrats were already planning to take up some of their most popular immigration proposals in the coming weeks — one to protect the undocumented population known as Dreamers and another to reform the system for farmworkers. Both have bipartisan support, including strong backing from the CHC and CPC, and could soon see floor votes in the Senate.

But some members of the CHC say those bills aren’t enough because they don’t go nearly as far as Biden’s plan.

“I want to make sure the broader bill gets as much support as possible, and that we send it over as quickly as possible, and that we get this done,” said Rep. Veronica Escobar (D-Texas), who helped shape Biden’s proposal and has been actively lobbying her colleagues on the bill.

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“My fear, always, is that we will get morsels and, as a Congress, continue to kick the can down the road,” she said.

As Democrats move quickly toward a piecemeal immigration strategy, some corners of their caucus have begun to seek changes to the Biden plan. Some moderates, for instance, are pushing to include a provision requiring employers to confirm workers’ legal status — known as e-verify. Progressives, meanwhile, want some tweaks to ensure the bill doesn’t disqualify people from citizenship because of minor infractions on their criminal record.

It’s not clear yet which changes might be made to the bill. The Biden administration has repeatedly expressed a willingness to consider more tailored immigration measures that Democrats can get to the president’s desk. A White House official said the administration was in “regular touch” with lawmakers on immigration reform and would continue to hold briefings on Biden’s immigration priorities as Congress considers proposals.

Rep. Tom Malinowski (D-N.J.), a swing-district Democrat, has been making the case to Biden’s Hill team that an e-verify provision should be part of the bill, just as it was in the bipartisan immigration bill in 2013 that fell just short of passage.

“Yes, I support what’s in the bill. I think we would be in a stronger position to get it enacted if we eventually ended up where, I think, the middle ground is,” Malinowski said. “I think for both solid political, practical reasons and moral reasons, those two things should go together.”

The biggest fear for many progressives, however, is what could happen to the bill to win over the party’s centrists, either in the House or when the bill crosses over to the Senate.

“We don’t want this bill to be watered down before it gets to the floor, which is sometimes what happens with immigration bills,” Jayapal said.

Immigration advocates have argued that failing to act on the issue could come back to haunt them politically, leaving Democrats vulnerable among their base in 2022.

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During a session at the House Democratic Caucus’s virtual retreat on Wednesday, advocates shared new polling conducted for the immigrant rights groups FWD.us and America’s Voice, which showed that 63 percent of voters would be “upset” if protections for undocumented immigrants didn’t pass. The online survey of 1,200 voters who participated in the 2020 election was conducted Feb. 20-26.

A clean Dream Act proposal received the highest support nationally with 72 percent of voters supporting it compared to 71 percent support for a bill providing citizenship to undocumented farmworkers and 66 percent support for citizenship for undocumented essential workers. The latter is a proposal that has been pushed by Rep. Joaquin Castro (D-Texas) alongside Sens. Elizabeth Warren (D-Mass.) and Alex Padilla (D-Calif.).

“Voters will be upset over inaction, especially the voters Democrats need to show up in the midterm elections,” stated the polling memo shared with House Democrats and obtained by POLITICO. “Republicans will not receive all or even most of the blame should the efforts to pass citizenship bills fail.

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