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of Americans, would likely break out the old attack lines against anybody who dared to investigate him (“witch hunt!”) and any

Published

on

This week, Judge Merrick Garland will finally get a confirmation hearing in front of the Senate Judiciary Committee, more than four years after his nomination to the US Supreme Court was torpedoed by Sen. Mitch McConnell’s obstructionism. Of course, this time Garland has been nominated as President Joe Biden’s attorney general, and, with Senate Democrats in the majority, his swift confirmation is all but assured.

Elie Honig
Elie Honig
If all goes as planned and Garland takes the reins at the Justice Department, he will face a daunting thicket of quandaries that present thorny issues of law, accountability and politics.
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Garland will bring impressive credentials to the attorney general position. Unlike the former Attorney General William Barr, Garland earned his stripes as a trial prosecutor for the Justice Department. Among many other cases, Garland supervised the investigation of the 1995 bombing of a federal building in Oklahoma City, which killed more than 160 people, and the 1996 Olympic Park bombing in Atlanta. In 1997, he became a federal appellate judge for the US Court of Appeals for the District of Columbia Circuit, widely regarded as the second most important court in the country, behind only the Supreme Court. Garland became chief judge of the circuit in 2013.
It will take all of Garland’s legal experience and political acumen to negotiate the complex decisions an attorney general will face. Here are the most important decisions that Garland will likely make at the Justice Department headquarters.
Former President Donald Trump investigations
Trump was acquitted in both impeachment trials, first on charges of abuse of power and obstruction of Congress in 2020 stemming from his phone calls with the Ukrainian president and then on a charge of inciting an insurrection a year later. Now that he’s left office, however, Trump could face potential legal exposure across multiple fronts, including (1) bribery, extortion and other alleged offenses relating to the Ukraine scandal, and (2) incitement of a riot, sedition and other potential charges relating to the January 6 Capitol insurrection. He could also face legal trouble when it comes to (3) obstruction of justice of former special counsel Robert Mueller’s investigation and (4) campaign finance violations based on hush money payments to two women with whom Trump allegedly had affairs, (Trump denies wrongdoing on all of these potential charges.)
January 6 was the crime of the century
January 6 was the crime of the century
Will Garland authorize the Justice Department to open and pursue criminal investigations on some or all of these matters? Will he appoint a special counsel to focus solely on Trump-related matters? Will he dole these cases out to various US attorneys? Or, will Garland do nothing at all and let the past lie?
This last option would be a mistake. I understand that it’s not an easy thing to investigate a former president, and even more difficult to prosecute one. Trump, who retains the fervent support of tens of millions of Americans, would likely break out the old attack lines against anybody who dared to investigate him (“witch hunt!”) and any prosecution would be perceived by some as politically vindictive.
But it would simply be unjust to turn a blind eye to all of Trump’s alleged misconduct while running for, and holding, the presidency. Trump benefited while in office from the Justice Department’s policy against indicting a sitting president, and there is no question, legally or constitutionally, that a former president can be charged criminally.
I understand why it might be easier for Garland and the Justice Department, and perhaps preferable for Biden politically, to just let the past be the past and to “move on.” But that’s not what prosecutors do, or ought to do. Prosecutors shouldn’t shy away from difficult fights; the job itself is often about taking on powerful people or interests and seeing that justice is done.
At a minimum, Garland must ensure that the Justice Department conducts full investigations of Trump’s conduct. And once he gets all the facts, he must make a decision, thumbs-up or thumbs-down, on whether Trump has broken the law.
The most devastating piece of evidence at the Trump trial
The most devastating piece of evidence at the Trump trial
Hunter Biden investigations
Hunter Biden has revealed publicly that he is under criminal investigation by federal authorities for his “tax affairs” and reportedly for his business dealings in China. The US attorneys for the District of Delaware and the Southern District of New York are reportedly handling the Biden investigations.
Despite pressure from Trump, neither Barr nor his successor appointed a special counsel to handle the investigations of Biden’s son. Biden issued a statement saying, “I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately.”
What, then, should Garland do about this potentially politically loaded investigation? My answer is: nothing. Let it be. Let the assigned federal prosecutors and law enforcement agents carry out their investigations fully, and without interference, influence or input from the attorney general’s suite. Make no public comment about the investigation and convey nothing to the assigned investigative teams other than: “Do your jobs and report back.” And let them make recommendations about whether the evidence, once gathered, does or does not support criminal charges. So far, the Biden administration, which has begun the process of removing Trump-appointed US attorneys, has asked US Attorney David Weiss, who is overseeing the tax investigation of Hunter Biden in Delaware, to continue in his role, according to a Bloomberg report.
John Durham investigation
Yes, this Barr-initiated “investigate the investigators” quest into the origins of the Russia investigation remains ongoing, even though everybody from Robert Mueller to the Justice Department’s inspector general to the Republican-led Senate Intelligence Committee has concluded that the investigation was appropriate and necessary.
Before he left office, Barr appointed Durham as special counsel, effectively ensuring that Durham’s work will continue until its natural conclusion (though Barr’s timing — more than a year after Durham began his work — was suspect, and the appointment itself violated the requirement that special counsel must come from outside the government, a fact nobody has ever formally challenged).
Again, Garland’s best, and perhaps only (given the special counsel assignment) option is to let the Durham investigation play out, without interference. And, unlike Barr, who publicly distorted Mueller’s findings as special counsel, Garland should allow Durham’s report to speak for itself in the public realm.
More broadly than any particular case, Garland must rehabilitate the Justice Department after nearly two years of unprecedented politicization and dishonesty by Trump and Barr. To that end, Garland simply must bring the Justice Department back to basics: be honest with the public, keep politics out of prosecution and support the men and women who work on the front lines.
Now, your questions
Gary (Michigan): If Trump is someday convicted of a crime, can he still legally run for president again in 2024?
Yes. Article II of the Constitution establishes certain restrictions on who may hold the office of president: the person must be at least 35 years old, must be a “natural born citizen” and must have been a resident of the United States for at least 14 years. There is nothing in the Constitution, or in any other legal authority, to prevent a person from becoming president if he has been convicted of a crime. As a practical matter, of course, a criminal conviction would make it difficult to win an election. But there is no formal restriction under our laws.

Gerry (Rhode Island): Can civil charges be brought against Trump for his role in the January 6 insurrection?
They already have. Last week, Democratic Rep. Bennie Thompson brought a lawsuit under the obscure Ku Klux Klan Act of 1871, alleging that Trump, Trump’s former lawyer Rudy Giuliani, the Proud Boys and the Oath Keepers conspired to use violence and threats to interfere with governmental functions. While the merits of the case remain to be litigated, I expect to see other, more conventional lawsuits seeking damages for personal injury and property damage brought against Trump and perhaps others relating to the Capitol insurrection.
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Generally speaking, a plaintiff would need to show by a “preponderance” of the evidence — meaning that it is more likely than not — that Trump’s actions (or the actions of any named defendant) caused their injuries, and that those injuries were reasonably foreseeable based on the defendant’s conduct. In other words, if you played a videotape of Trump’s remarks at the January 6 rally, and then hit pause, would it be reasonably foreseeable at that point that injury would result to the plaintiffs?

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Senate Minority Leader Mitch McConnell (R-KY) has vowed to back Donald Trump if he wins the GOP’s 2024 electoral nomination, further isolating Republicans

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“I strongly disagree with tonight’s decision by the Senate Parliamentarian,” Sanders said in a press release Thursday. “In the coming days, I will be working with my colleagues in the Senate to move forward with an amendment to take tax deductions away from large, profitable corporations that don’t pay workers at least $15 an hour and to provide small businesses with the incentives they need to raise wages.”

“That amendment must be included in this reconciliation bill,” he added.

On Friday morning, Wyden, who is working closely with Sanders on the amendment, offered more details on the “plan B.”

He said his amendment, if accepted, would levy a 5% penalty on a big corporation’s total payroll if any workers earn less than a specified amount. Wyden added that the penalty would increase over time and include safeguards to prevent companies from trying to outsource labor to evade paying living wages.

“We couldn’t get in the front door or the back door, so we’ll try to go through the window,” Wyden said of the new plan. “While conversations are continuing, I believe this ‘plan B’ provides us a path to move forward and get this done through the reconciliation process.”

The U.S. last raised the minimum wage to $7.25 an hour in 2009.

Wyden, who is also the chairman of the Senate Finance Committee, added that his amendment would provide an income tax credit equal to 25% of wages, up to $10,000 per year per employer, to small businesses that pay their workers higher wages.

A senior Democratic aide confirmed Friday that Senate Majority Leader Chuck Schumer, D-N.Y., is considering adding a provision to the bill in line with what Sanders and Wyden have proposed.

Though Democrats were more vocal about the parliamentarian’s decision, Republican Sen. Josh Hawley of Missouri is working to pass a new piece of legislation aimed at hiking the minimum wage for blue-collar workers.

Nearly eight years after the U.S. Supreme Court struck down a key provision of the landmark 1965 Voting Rights Act, Democrats in Virginia are poised to enact state-level legislation they say would boost voter protections.

Backers of the Virginia Voting Rights Act say it’s the most comprehensive bill of its kind — and the first in the South. The legislation cleared a final vote on Thursday and now goes to Democratic Gov. Ralph Northam.

“As we’ve seen on other issues, we can’t rely on the Supreme Court or the federal level always, and so states have to protect themselves,” said Democratic state Del. Cia Price, one of two sponsors of the legislation.

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Price’s bill was inspired by portions of the federal Voting Rights Act that were altered by a 2013 high court ruling. Until that decision, the federal government scrutinized proposed changes to voting across nine mostly Southern states, including Virginia, and a handful of other cities and counties with a history of racial discrimination.

The Supreme Court ruling cleared the way for election law changes across the South. Republican-led legislatures rushed to pass restrictions that no longer required federal approval. States purged voter rolls, added photo ID requirements, and cut nearly 1,700 polling locations, per one tally. Many states have sought to double-down on restrictive voting rules in the aftermath of the November 2020 election.

Democratic state Del. Cia Price is one of two sponsors of the Voting Rights Act of Virginia.
Steve Helber/AP

Price’s bill builds on the old federal process. It would require local election officials to get public feedback — or permission from Virginia’s attorney general — before they change voting rules. Voters or the attorney general could sue if they believe the change disproportionately affects a voter “based on his race or color or membership in a language minority group.” Any proceeds from the legal actions would go toward a voter education fund.
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The legislation would require election officials to provide voting materials in foreign languages in districts with substantial populations of people whose primary language is not English. It also would prohibit at-large municipal elections if they have the effect of diluting the voting power of racial minorities.

White House officials on Friday will unveil a new partnership between the administration and top business groups to help with the national coronavirus response and vaccine rollout, Andy Slavitt, White House senior advisor for Covid response, announced.

The partnership includes the Chamber of Commerce, Business Roundtable, the National Association of Manufacturers as well as leaders in the Hispanic, African American, Asian American and other minority business organizations, Slavitt said.

Senate Minority Leader Mitch McConnell (R-KY) has vowed to back Donald Trump if he wins the GOP’s 2024 electoral nomination, further isolating Republicans aligning against the former president.

McConnell said he would “absolutely” support the Republican nominee in 2024 when asked if he would back Trump.

This comes despite him leveling criticism at Trump over the violence of January 6, and the former president issuing a scathing assessment of McConnell’s leadership.
CPAC Highlights Trump’s Influence Over GOP Amid Party’s Civil War
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CPAC Highlights Trump’s Influence Over GOP Amid Party’s Civil War
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McConnell’s comments contrast with other Republicans who have pushed against the president. Those politicians have faced a backlash for doing so and criticism from within their own party.

Rep. Liz Cheney (R-WY) has faced calls to resign from her position as House Republican conference chair, after voting to impeach the president.

Of those who went against the president, she has been one of the most prominent targets of criticism—but has stood by her position against Trump, doing so in comments made alongside House Minority Leader Kevin McCarthy (R-CA) earlier this week.

On Wednesday, the pair were asked about Trump appearing at the Conservative Political Action Conference (CPAC) this weekend.
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While McCarthy said he thinks Trump should address that event, Cheney said: “I’ve been clear in my views about President Trump, and the extent to which following January 6 I don’t believe that he should be playing a role in the future of the party or the country.”

An ally in this stance against Trump has been Rep. Adam Kinzinger (R-IL), who has faced censures since his vote and criticism even from his own family.

After Trump was acquitted, he said he felt the former president needed to be held “accountable” following January 6.

“I am disappointed that the Senate was unwilling to hold former President Trump accountable for his actions,” he said in a statement.

“And I will be looking at alternate options to ensure responsibility and accountability so that what happened on January 6, 2021 will never happen again.”

Senator Mitt Romney (R-UT) also recently said he would not support Trump in future—despite his opinion that if the former president goes for the nomination he will likely secure it.

“I would not be voting for President Trump, again. I haven’t voted for him in the past,” Romney said, during the DealBook/D.C. Policy Project conference on Tuesday.

“And I would probably be getting behind someone I thought more represented the tiny wing of the Republican Party that I represent.”

Romney voted to convict Trump at both of his Senate impeachment trials, and has faced a backlash along with the other Republicans who aligned against the former president. State parties have moved to censure those lawmakers who voted to impeach or to convict Trump.

Though McConnell voted to acquit Trump at his Senate impeachment trial, he rested his decision on feeling the proceedings were unconstitutional due to the former president no longer being in office.

He leveled criticism at Trump over the violence of January 6, branding him “practically and morally responsible for provoking” the events of that day.

Following these remarks, McConnell faced harsh criticism from the former president—who branded him a “dour, sullen, and unsmiling political hack.” This assessment came in a scathing statement, in which Trump said Republicans will not win back the Senate with leaders like McConnell.

Trump has not ruled out the potential of running in 2024, though has not firmly said he will.

Speaking to Newsmax last week, Trump was asked about a future run and declared: “I won’t say yet, but we have tremendous support.”

He is due to make his first major on-stage public appearance since leaving office on January 20 at CPAC this weekend, in an event also featuring a number of speakers supportive of the former president.

The purpose of the partnership, a White House official told CNBC, is to call on businesses of all sizes “to promote public health measures to help reduce barriers to vaccinations for employees, and to help amplify public health messaging around masking and vaccinations to their customers and communities.” The New York Times reported on the partnership earlier.

Outside of the partnership, Walgreens and Uber are launching a pilot program to offer free rides to pharmacies to get a Covid-19 vaccine. Other companies, such as Dollar General, Best Buy and Target have said they will compensate their employees with paid time off to get the vaccines.

Slavitt added that Lyft is partnering with CVS and the YMCA to provide 60 million free or discounted rides to help people get vaccinated. And Ford and The Gap, he noted, have vowed to donate more than 100 million masks for free distribution.

“I would not present these as federal efforts,” Slavitt said. “I would present these as efforts by organizations around the country that we are encouraging others to take stock of in some cases.”

The White House, with its new business partners, will urge more companies to do the same, he said.

Slavitt said administration officials will hold calls with business groups over the next few weeks urging them to help with the federal response to the pandemic. He said the White House will call on them to require employees to follow public health precautions and educate the public about the importance of getting vaccinated.

“First, require masking and social distancing to protect workers, customers and others on the premises,” Slavitt said. “Second, reduce barriers to vaccinations. Make a plan to get employees vaccinated and make it easier for employees to get vaccinated by providing incentives like paid time off or compensation for employees to get vaccinated when it’s their turn.”

Jay Timmons, the president and CEO of the National Association of Manufacturers, said “no American is safe from COVID-19 until all Americans are safe,” according to a statement. The group represents more than 12 million workers and 130,000 companies. “So manufacturers are proud to join the Biden administration in this call to arms.” He said the group and its members are committed to helping end the pandemic.

Virginia Republicans have consistently voted against the bill in the state legislature. They’ve echoed complaints by representatives of local governments who are concerned about the potential costs of litigation and extra workload.

“It is going to make it an unwieldy, incredibly complicated process,” warned state Sen. Jill Vogel, who’s also a GOP election attorney. “It is a full employment act for lawyers.”

Some local officials — particularly Democrats — have dismissed those concerns.

“It’s not like we’re changing elections all the time,” said Justin Wilson, the Democratic mayor of the city of Alexandria. “Protecting the franchise is probably the most important thing we can do.”
Georgia Republicans File Sweeping Elections Bill To Limit Early And Absentee Voting
Politics
Georgia Republicans File Sweeping Elections Bill To Limit Early And Absentee Voting
After Record 2020 Turnout, State Republicans Weigh Making It Harder To Vote
Politics
After Record 2020 Turnout, State Republicans Weigh Making It Harder To Vote

There has been some movement on Capitol Hill in the wake of the 2013 Shelby v. Holder case. Democrats in the House passed legislation in 2019 that would address issues raised by the Supreme Court. It would update the formula used to determine which areas should be covered by so-called “preclearance.”

But the bill — now named after the late Rep. John Lewis, D-Ga. — went untouched in what was then a Republican-controlled Senate. It remains unclear if any Republicans, who almost universally opposed the House measure, would join Democrats to clear the 60-vote filibuster now that Democrats hold a narrow majority.

Republicans in many state legislatures have pushed to tighten voting rules in the wake of an election that saw the highest voter turnout in 120 years. Democrats in Virginia have moved the opposition direction, adding optional Sunday voting and making ballot drop boxes permanent. The commonwealth has gone from one of the hardest states to vote in to one of the easiest, after Democrats flipped the legislature in 2019, according to a ranking from researchers at Northern Illinois University.

“I think it’s obvious that Democrats want to loosen the rules that assisted them in the last election and that so greatly contributed to undermining confidence in the election,” Republican Todd Gilbert, the minority leader in Virginia’s House, said in a press conference last month.

Voting rights advocates say Republicans are harnessing their own false claims about voter fraud to advance restricting voting policies.

Judith Browne Dianis — executive director of the Advancement Project, a national civil rights group that helped craft the Virginia VRA — said the GOP’s push reflects a broader anxiety about the growing clout of nonwhite voters.

“We need every state to pass its own voting rights law,” Dianis said.

California, Washington and Oregon have passed narrower state-level voting rights acts focused on local elections.

Virginia had some of the tightest Jim Crow-era voting restrictions in the U.S. State Sen. Jennifer McClellan, a Democratic gubernatorial candidate who also sponsored the Virginia Voting Rights Act, said the effort reflected broader shifts in what has become a reliably blue state.

Hawley, who faced fierce bipartisan criticism for voting to overturn the election of President Joe Biden, announced Wednesday a bill that would grant low-wage workers a “bonus” through an automatic, advanceable tax credit.

Hawley’s office touted the plan as better than a minimum wage hike because it “does not place a major new burden on small businesses, many of which are still recovering from harmful shutdowns.”

The senators will have their chance to introduce amendments to Biden’s $1.9 trillion stimulus plan after the House passes the legislation with a vote expected in the lower chamber later Friday. Democrats hold a thin 50-50 majority in the Senate with Vice President Kamala Harris the key tiebreaking vote.

Still, debate over the bill in the Senate is expected to be rife with pitfalls, because a single Democratic vote against the plan would sink it.

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Health

Capitol riot arrests Trump to reemerge at CPAC as GOP tries to plot its future There are strict rules for utilizing the budget reconciliatio

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The Senate parliamentarian ruled Thursday that Democrats can’t include the $15 per hour minimum wage hike in the COVID-19 economic relief package. It’s a major setback for Democrats such as Senator Bernie Sanders, who had argued it could be included even in the budget reconciliation process.

But President Biden told “CBS Evening News” anchor Norah O’Donnell earlier this month that he didn’t think the minimum wage hike would ultimately be included.

The hike is “not going to occur because of the rules of the United States Senate,” Mr. Biden said.

“I put it in, but I don’t think it’s gonna survive,” he added.

Instead, the president said he’s prepared to work on a standalone $15 minimum wage proposal.

Congressional Democrats opted to use the procedural maneuver known as budget reconciliation to pass the bill, allowing it to be approved by only a simple majority in the Senate. Most legislation requires 60 votes in the Senate to advance, so the budget reconciliation process allows Democrats — who hold a 50-seat majority — to pass the bill without any Republican votes.
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Senate parliamentarian rules no minimum wage hike in relief bill
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There are strict rules for utilizing the budget reconciliation process, such as the “Byrd rule,” which requires that all provisions in the bill be budget-related, and must not increase the federal deficit after a 10-year budget window. Parliamentarian Elizabeth MacDonough ruled that the minimum wage hike did not fit the parameters for budget reconciliation.

Some Democrats had already expressed opposition to including a $15 minimum wage provision in the relief bill. Senator Joe Manchin told reporters this week that he believed a $15 minimum wage by 2025 was too high, and would be damaging for more rural states like his own West Virginia.

“$11 is the right place to be,” Manchin told reporters on Monday. “Throwing $15 out there right now just makes it very difficult in rural America.”While Democrats had pushed for the increase to be included — and leadership expressed its disappointment in the ruling Thursday evening — its removal may actually make it easier to pass the bill, senior Democratic sources believe, because it’ll avoid a messy fight over whether to strip it out of the bill and whether to compromise.
“President Biden is disappointed in this outcome, as he proposed having the $15 minimum wage as part of the American Rescue Plan,” White House press secretary Jen Psaki said in a statement. “He respects the parliamentarian’s decision and the Senate’s process.”
Where the stimulus bill stands in Congress, and what comes next
Where the stimulus bill stands in Congress, and what comes next
For now, far from being a defeat, the ruling is viewed as clearing the way for the bill’s passage in the Senate, a Biden administration official told CNN.
House Speaker Nancy Pelosi said Thursday evening the provision will remain in the House bill on which the chamber is voting Friday. However, the parliamentarian ruled that the increase to $15 per hour did not meet a strict set of guidelines needed to move forward in the Senate’s reconciliation process. That means that the House will pass its bill, the Senate will have to strip the minimum wage provision out, and then eventually the House will have to pass that bill again at the end of the process.
But the ruling likely makes it easier for Senate Majority Leader Chuck Schumer to get his members in line behind the bill since the rise in the minimum wage had been a key sticking point for moderates like Sens. Kyrsten Sinema of Arizona and Joe Manchin of West Virginia.
There are no viable options to use the procedures in the Senate to keep the wage hike in the bill.
White House officials, cognizant of the potential math problem with Senate Democrats if the minimum wage increase were in the final package, had been counting on the provision being stripped, the administration official told CNN.
While there had been discussions about what would occur if it weren’t, President Joe Biden’s top advisers were fairly certain it would come out — something Biden himself alluded to several times publicly.
The parliamentarian’s ruling takes a significant potential hurdle out of play, officials acknowledged. While Biden will make a push to pass a standalone increase, officials know it has no path in the Senate due to Republican — and Democratic — opposition.
“We are deeply disappointed in this decision,” Schumer said in a statement following the ruling. “We are not going to give up the fight to raise the minimum wage to $15 to help millions of struggling American workers and their families. The American people deserve it, and we are committed to making it a reality.”
The parliamentarian’s decision marks the end of a multi-weeks effort by Senate Budget Chairman Bernie Sanders, an independent from Vermont, to include the provision in the relief bill.
“I strongly disagree with tonight’s decision by the Senate Parliamentarian,” Sanders said in a statement Thursday evening. “The (Congressional Budget Office) made it absolutely clear that raising the minimum wage to $15 an hour had a substantial budgetary impact and should be allowed under reconciliation. It is hard for me to understand how drilling for oil in the Arctic National Wildlife Refuge was considered to be consistent with the Byrd Rule, while increasing the minimum wage is not,” Sanders added, referring to the rule — named after the late Sen. Robert C. Byrd — that prohibits including “extraneous” measures as part of the budget process that Democrats are employing to send the Covid-19 relief package to Biden’s desk by early March.
“Let’s be clear: raising the minimum wage is COVID-19 relief,” Washington Rep. Pramila Jayapal, the chair of the Congressional Progressive Caucus, said in a statement responding to the ruling. “We simply cannot go back to the Black, Brown, AAPI, Indigenous, poor and working class voters who delivered us the White House and the Senate majority and tell them that an unelected parliamentarian advised us — based on arcane rules — that we could not raise the minimum wage as we promised,” she added, calling on the Senate to reform the filibuster “to allow populist and necessary policies like the $15 minimum wage to pass with a majority of the Senate.”
Progressive Democratic Rep. Alexandria Ocasio-Cortez of New York told CNN earlier this week that she would still support the Covid relief package if the parliamentarian were the one to remove the minimum wage provision, but not if politicians had been the ones to take it out. For Ocasio-Cortez, members of her own party removing or lowering the minimum wage would have made the bill fall apart. Rep. Ilhan Omar, a progressive Democrat from Minnesota, echoed those sentiments.
Senate parliamentarian Elizabeth MacDonough, a little known but powerful Senate official, had been thrust into the spotlight this week, with Democrats eager to see whether the minimum wage increase would survive in the President’s relief package. MacDonough is the first woman to serve in the role of Senate parliamentarian — a nonpartisan role — since that position was created in the 1930s.

If the parliamentarian allowed for the minimum wage to be included, it’s not clear that Democrats would have been able to muster the votes to pass it as is. The Senate can waive the parliamentarian’s ruling, which requires a simple majority.

In a statement, Sanders said that he “strongly disagrees with tonight’s decision by the Senate parliamentarian.” However, he said that he would push to move forward with an amendment punishing corporations that don’t provide a $15 minimum wage, and providing incentives for small businesses to increase their wages.

“In the coming days, I will be working with my colleagues in the Senate to move forward with an amendment to take tax deductions away from large, profitable corporations that don’t pay workers at least $15 an hour and to provide small businesses with the incentives they need to raise wages. That amendment must be included in this reconciliation bill,” he said.

Senate Majority Leader Chuck Schumer also said he’s “deeply disappointed” in the decision.

“We are not going to give up the fight to raise the minimum wage to $15 to help millions of struggling American workers and their families,” he said, without providing specifics. “The American people deserve it, and we are committed to making it a reality.”

GOP Senator Lindsey Graham, on the other hand, applauded the ruling, tweeting that he’s “Very pleased the Senate Parliamentarian has ruled that a minimum wage increase is an inappropriate policy change in reconciliation.

“This decision reinforces reconciliation cannot be used as a vehicle to pass major legislative change – by either party – on a simple majority vote,” Graham added. “This decision will, over time, reinforce the traditions of the Senate.”

The House is expected to vote Friday on Mr. Biden’s original proposal. Speaker Nancy Pelosi said in a statement Thursday evening that the House would vote on the version of the bill including the minimum wage hike.

“House Democrats believe that the minimum wage hike is necessary. Therefore, this provision will remain in the American Rescue Plan on the Floor tomorrow. Democrats in the House are determined to pursue every possible path in the Fight For 15,” Pelosi said.

The bill is expected to pass in the House without any Republican votes. Progressive Democrats in the House may opt to take a hard line on the minimum wage increase, and refuse to support any version of the bill that does not include a $15 minimum wage, creating a showdown with more moderate members of the party in the Senate.

Raising the minimum wage is widely popular, with a 2019 poll by the Pew Research Center showing that 67% of Americans support raising the minimum wage to $15. It even has support in some red states, as demonstrated by a ballot initiative in Florida to increase the minimum wage increase to $15 by 2026 which passed with support from more than 60% of voters in the last election.

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were the one to remove the minimum wage provision, but not if politicians had been the ones to take it out. For Ocasio-Cortez, members of her own party removing or lowering the minimum wage would have made the bill fall apart. Rep. Ilhan Omar,

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The Senate parliamentarian ruled Thursday that Democrats can’t include the $15 per hour minimum wage hike in the COVID-19 economic relief package. It’s a major setback for Democrats such as Senator Bernie Sanders, who had argued it could be included even in the budget reconciliation process.

But President Biden told “CBS Evening News” anchor Norah O’Donnell earlier this month that he didn’t think the minimum wage hike would ultimately be included.

The hike is “not going to occur because of the rules of the United States Senate,” Mr. Biden said.

“I put it in, but I don’t think it’s gonna survive,” he added.

Instead, the president said he’s prepared to work on a standalone $15 minimum wage proposal.

Congressional Democrats opted to use the procedural maneuver known as budget reconciliation to pass the bill, allowing it to be approved by only a simple majority in the Senate. Most legislation requires 60 votes in the Senate to advance, so the budget reconciliation process allows Democrats — who hold a 50-seat majority — to pass the bill without any Republican votes.
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Senate parliamentarian rules no minimum wage hike in relief bill
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There are strict rules for utilizing the budget reconciliation process, such as the “Byrd rule,” which requires that all provisions in the bill be budget-related, and must not increase the federal deficit after a 10-year budget window. Parliamentarian Elizabeth MacDonough ruled that the minimum wage hike did not fit the parameters for budget reconciliation.

Some Democrats had already expressed opposition to including a $15 minimum wage provision in the relief bill. Senator Joe Manchin told reporters this week that he believed a $15 minimum wage by 2025 was too high, and would be damaging for more rural states like his own West Virginia.

“$11 is the right place to be,” Manchin told reporters on Monday. “Throwing $15 out there right now just makes it very difficult in rural America.”While Democrats had pushed for the increase to be included — and leadership expressed its disappointment in the ruling Thursday evening — its removal may actually make it easier to pass the bill, senior Democratic sources believe, because it’ll avoid a messy fight over whether to strip it out of the bill and whether to compromise.
“President Biden is disappointed in this outcome, as he proposed having the $15 minimum wage as part of the American Rescue Plan,” White House press secretary Jen Psaki said in a statement. “He respects the parliamentarian’s decision and the Senate’s process.”
Where the stimulus bill stands in Congress, and what comes next
Where the stimulus bill stands in Congress, and what comes next
For now, far from being a defeat, the ruling is viewed as clearing the way for the bill’s passage in the Senate, a Biden administration official told CNN.
House Speaker Nancy Pelosi said Thursday evening the provision will remain in the House bill on which the chamber is voting Friday. However, the parliamentarian ruled that the increase to $15 per hour did not meet a strict set of guidelines needed to move forward in the Senate’s reconciliation process. That means that the House will pass its bill, the Senate will have to strip the minimum wage provision out, and then eventually the House will have to pass that bill again at the end of the process.
But the ruling likely makes it easier for Senate Majority Leader Chuck Schumer to get his members in line behind the bill since the rise in the minimum wage had been a key sticking point for moderates like Sens. Kyrsten Sinema of Arizona and Joe Manchin of West Virginia.
There are no viable options to use the procedures in the Senate to keep the wage hike in the bill.
White House officials, cognizant of the potential math problem with Senate Democrats if the minimum wage increase were in the final package, had been counting on the provision being stripped, the administration official told CNN.
While there had been discussions about what would occur if it weren’t, President Joe Biden’s top advisers were fairly certain it would come out — something Biden himself alluded to several times publicly.
The parliamentarian’s ruling takes a significant potential hurdle out of play, officials acknowledged. While Biden will make a push to pass a standalone increase, officials know it has no path in the Senate due to Republican — and Democratic — opposition.
“We are deeply disappointed in this decision,” Schumer said in a statement following the ruling. “We are not going to give up the fight to raise the minimum wage to $15 to help millions of struggling American workers and their families. The American people deserve it, and we are committed to making it a reality.”
The parliamentarian’s decision marks the end of a multi-weeks effort by Senate Budget Chairman Bernie Sanders, an independent from Vermont, to include the provision in the relief bill.
“I strongly disagree with tonight’s decision by the Senate Parliamentarian,” Sanders said in a statement Thursday evening. “The (Congressional Budget Office) made it absolutely clear that raising the minimum wage to $15 an hour had a substantial budgetary impact and should be allowed under reconciliation. It is hard for me to understand how drilling for oil in the Arctic National Wildlife Refuge was considered to be consistent with the Byrd Rule, while increasing the minimum wage is not,” Sanders added, referring to the rule — named after the late Sen. Robert C. Byrd — that prohibits including “extraneous” measures as part of the budget process that Democrats are employing to send the Covid-19 relief package to Biden’s desk by early March.
“Let’s be clear: raising the minimum wage is COVID-19 relief,” Washington Rep. Pramila Jayapal, the chair of the Congressional Progressive Caucus, said in a statement responding to the ruling. “We simply cannot go back to the Black, Brown, AAPI, Indigenous, poor and working class voters who delivered us the White House and the Senate majority and tell them that an unelected parliamentarian advised us — based on arcane rules — that we could not raise the minimum wage as we promised,” she added, calling on the Senate to reform the filibuster “to allow populist and necessary policies like the $15 minimum wage to pass with a majority of the Senate.”
Progressive Democratic Rep. Alexandria Ocasio-Cortez of New York told CNN earlier this week that she would still support the Covid relief package if the parliamentarian were the one to remove the minimum wage provision, but not if politicians had been the ones to take it out. For Ocasio-Cortez, members of her own party removing or lowering the minimum wage would have made the bill fall apart. Rep. Ilhan Omar, a progressive Democrat from Minnesota, echoed those sentiments.
Senate parliamentarian Elizabeth MacDonough, a little known but powerful Senate official, had been thrust into the spotlight this week, with Democrats eager to see whether the minimum wage increase would survive in the President’s relief package. MacDonough is the first woman to serve in the role of Senate parliamentarian — a nonpartisan role — since that position was created in the 1930s.

If the parliamentarian allowed for the minimum wage to be included, it’s not clear that Democrats would have been able to muster the votes to pass it as is. The Senate can waive the parliamentarian’s ruling, which requires a simple majority.

In a statement, Sanders said that he “strongly disagrees with tonight’s decision by the Senate parliamentarian.” However, he said that he would push to move forward with an amendment punishing corporations that don’t provide a $15 minimum wage, and providing incentives for small businesses to increase their wages.

“In the coming days, I will be working with my colleagues in the Senate to move forward with an amendment to take tax deductions away from large, profitable corporations that don’t pay workers at least $15 an hour and to provide small businesses with the incentives they need to raise wages. That amendment must be included in this reconciliation bill,” he said.

Senate Majority Leader Chuck Schumer also said he’s “deeply disappointed” in the decision.

“We are not going to give up the fight to raise the minimum wage to $15 to help millions of struggling American workers and their families,” he said, without providing specifics. “The American people deserve it, and we are committed to making it a reality.”

GOP Senator Lindsey Graham, on the other hand, applauded the ruling, tweeting that he’s “Very pleased the Senate Parliamentarian has ruled that a minimum wage increase is an inappropriate policy change in reconciliation.

“This decision reinforces reconciliation cannot be used as a vehicle to pass major legislative change – by either party – on a simple majority vote,” Graham added. “This decision will, over time, reinforce the traditions of the Senate.”

The House is expected to vote Friday on Mr. Biden’s original proposal. Speaker Nancy Pelosi said in a statement Thursday evening that the House would vote on the version of the bill including the minimum wage hike.

“House Democrats believe that the minimum wage hike is necessary. Therefore, this provision will remain in the American Rescue Plan on the Floor tomorrow. Democrats in the House are determined to pursue every possible path in the Fight For 15,” Pelosi said.

The bill is expected to pass in the House without any Republican votes. Progressive Democrats in the House may opt to take a hard line on the minimum wage increase, and refuse to support any version of the bill that does not include a $15 minimum wage, creating a showdown with more moderate members of the party in the Senate.

Raising the minimum wage is widely popular, with a 2019 poll by the Pew Research Center showing that 67% of Americans support raising the minimum wage to $15. It even has support in some red states, as demonstrated by a ballot initiative in Florida to increase the minimum wage increase to $15 by 2026 which passed with support from more than 60% of voters in the last election.

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