Dems worry about Trump unchained

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Jul 01, 2024 View in browser
 
POLITICO Inside Congress

By Nicholas Wu and Daniella Diaz

Presented by 

U.S. Travel Association

With assists from POLITICO’s Congress team

Rep. Pramila Jayapal, D-Wash., speaks at a rally outside the Supreme Court on Friday, June 28, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Rep. Pramila Jayapal (D-Was.) called the court's ruling "disastrous." | AP

MUCH ANGER, FEW OPTIONS

The Supreme Court’s Monday ruling granting Donald Trump partial criminal immunity for some of the actions he took as president while fighting to overturn the 2020 election has Democrats hopping mad — and many despairing about their scant options to fight back.

Trump’s critics are openly fretting that the ruling immunizing presidents from prosecution for “official acts” could leave the former president even more unfettered in a second term. Some are pointing to a hypothetical in Justice Sonia Sotomayor’s dissent about a president potentially assassinating a political rival, while others fear a Trump-led campaign of retribution targeting his political opponents, among other scenarios.

“I think that is a massive problem for not just holding Trump accountable, making sure he doesn't get into office again, but also for the future, if he does get into office or somebody else is in office,” Rep. Pramila Jayapal (D-Wash.) said.

House Minority Leader Hakeem Jeffries (D-N.Y.) vowed in a statement his caucus would provide “aggressive oversight and legislative activity with respect to the Supreme Court to ensure that the extreme, far-right justices in the majority are brought into compliance with the Constitution.”

But notably he did not specifically address what Democrats might do to narrow the court’s decision

 

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A reality check: For starters, there’s not much of anything that the House minority can do, period. Even if lawmakers pulled together legislation to define official acts or otherwise address the ruling, it stands little chance of passage in the currently divided Congress, where top Republicans hailed the decision, and even longer odds if Trump wins back the White House.

Their lack of committee gavels limits their oversight power, too. As for impeaching justices, as Rep. Alexandria Ocasio-Cortez (D-N.Y.) suggested? Well, there’s a song about that.

“The truth is, with Republicans controlling the House, I think there's not a lot that we'll be able to pass legislatively on this,” said Jayapal, who added that she was “not quite at that point yet” on impeaching justices.

Over in the Senate, meanwhile, Judiciary Committee Chair Dick Durbin (D-Ill.) reupped his call for passing a Supreme Court ethics bill, though that doesn’t have the votes to break a GOP filibuster.

Where’s Biden? If the tone is set at the top, the silence so far on the ruling from President Joe Biden has been deafening. The campaign issued a statement and hosted a media call with surrogates to blast the ruling, but the president himself has stayed publicly mum.

After a reporter on the call pressed deputy campaign manager Quentin Fulks on why it was members of Congress and surrogates leading the pushback on the decision rather than Biden, Fulks offered only general assurances that the president was concerned.

“I can reassure you that when you do see President Biden out on the trail, he will be talking about the reasons why Americans should be scared of Donald Trump as he has been for months, and this Supreme Court opinion today just amplified that,” he said on a press call.

That’s a far cry from the alarmed reactions coming from other prominent Democrats, such as Rep. Jamie Raskin (D-Md.).

Raskin told Inside Congress that the ruling represented a sea change in presidential power: “The president has been subject to potential criminal prosecution since the beginning of the Republic, and it's been completely fine. And we don't need to start scribbling graffiti all over the Constitution just because Donald Trump became president.”

— Nicholas Wu and Daniella Diaz

GOOD EVENING! Welcome to Inside Congress, the play-by-play guide to all things Capitol Hill, on this Monday, July. 1, where we hear the Celtics need a new owner.

 

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FLIPPING THE SCRIPT

At least two House Democrats broke with the sky-is-falling vibes coming from the rest of the party, arguing the Supreme Court’s decision might not have as sweeping ramifications as many fear.

Rep. Eric Swalwell (D-Calif.), a senior member of the Judiciary Committee, urged fellow Democrats not to panic.

“Jack Smith will argue Trump’s actions were not ‘official acts,’” Swalwell wrote. “There’s precedent on this from a [Jan. 6] civil case that I know a thing or two about that was unanimously upheld by the D.C. Circuit Court of Appeals. This is not a Trump victory.”

He wasn’t alone to caution other Democrats against overreading the court’s decision, in their minds.

“Much of the media is reporting that the Supreme Court has given the President ‘absolute immunity’ for all official acts,” wrote Rep. Ritchie Torres (D-N.Y.). “That is a misreading of the opinion.”

Torres was quick to note the high court “leaves behind more questions than answers” and will allow Trump to further delay legal proceedings — and that Chief Justice John Roberts & Co. “chose to go farther than it needed to” in their opinion.

— Anthony Adragna

 

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JAYAPAL PRAISES TPS EXTENSION

Jayapal praised the Biden administration Monday for keeping temporary protections for Haitian migrants in place until 2026 after privately pushing for the extension for months. Refugees from Haiti, which has suffered from widespread gang violence and instability, had been set to lose their status in the coming weeks.

“This is obviously a country that is in deep distress and war, and we have Haitians who desperately need protections,” she said. “This is a big win. And we're grateful to the Biden administration for doing it.”

Under the new Department of Homeland Security policy, Haitian migrants will keep Temporary Protected Status for another 18 months, from Aug. 4, 2024, to Feb. 3, 2026.

The extension had been a top priority of the Congressional Progressive Caucus, which Jayapal chairs. It has been pressing Biden and his administration to extend protections already in place for some classes of migrants even as it clamped down on asylum applications for others. Homeland Security announced the news Friday, but it was drowned out by fallout from Thursday’s presidential debate.

“I think everyone was in a bit of shock from the debate. And I think it probably just went ahead according to the schedule,” Jayapal said.

— Nicholas Wu and Daniella Diaz

HUDDLE HOTDISH

A bipartisan delegation of Mike Turner, Betty McCollum, Ronny Jackson, Tony Gonzales and John Joyce traveled to Kyiv.

Chuck Schumer went to Pride.

Mike Johnson updated his profile picture.

Jamie Raskin’s life will be captured in music

Rep. Henry Cuellar’s office is the worst-paid, per Legistorm.

 

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QUICK LINKS 

The Blue-Collar Democrat Who Wants to Fix the Party’s Other Big Problem, from Jason Zengerle at the New York Times

‘There Are a Lot of People Like Me in America,’ from Natalie Fertig

House Freedom Caucus privately mulls Good's future — and potential replacement, from Jordain and Olivia

Utah GOP Senate hopeful charts post-Romney brand of conservatism, from Ramsey Touchberry at The Washington Examiner

Chevron Ruling Puts New Burden on Congress Aides Who Write Laws, from Zach Cohen at Bloomberg Government

Democrat Elissa Slotkin makes massive ad buy in Michigan Senate race in flex of fundraising, from Joey Cappelletti at the AP

House GOP sues Garland over Biden-Hur audio, from Jordain

Anna Paulina Luna invests big in top political donor’s ‘America First’ energy company, from Ben Wieder at the Miami Herald

Rep. Spartz charged with weapons violation at DC airport, from Gregg Montgomery at WISH-TV

Pennsylvania Sen. Bob Casey stands by Biden, says he’s competent to serve a second term as president from Michael Rubinkam and Marc Levy

 

A message from U.S. Travel Association:

This summer, more people will travel by air than ever before. The good news? The U.S. travel industry is working to get you there safely and hassle-free. From the plane you fly on to the technology that TSA uses to verify and safeguard your identity, flying is safer and more efficient than ever before.

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TRANSITIONS 

Hale Diamond is now communications director for Rep. Tim Kennedy (D-N.Y.). She previously was deputy communications director for House Transportation and Infrastructure Committee Democrats.

Ben Cantrell is joining BlackRock to lead its outreach to Republicans as the company expands its D.C. presence. He was most recently chief of staff for Sen. Markwayne Mullin (R-Okla.).

Dylan Mooers is now legislative affairs specialist at the Cybersecurity and Infrastructure Security Agency. He previously was VP at Cornerstone Government Affairs.

Corey Jacobson is now chief of staff at DOD’s Office of Strategic Capital. He most recently was senior adviser to the first assistant secretary of Defense for space policy and is a Ted Lieu alum.

Ryan Taylor is joining Perspective Strategies as a partner. He most recently was SVP at Forbes Tate Partners, and is a Hill GOP veteran.

Amy Hasenberg-Elliott is now comms director for Sen. Katie Britt (R-Ala.). She most recently was comms director for Sen. Jim Risch (R-Idaho) and is a Pat Toomey alum

TOMORROW IN CONGRESS

The House will meet at 11 a.m. for a pro forma session.

The Senate will meet at noon for a pro forma session.

TUESDAY AROUND THE HILL

Crickets.

TRIVIA

FRIDAY’S ANSWER: Mark Silverman was the first person to correctly guess that John F. Lacey introduced the Yellowstone Act.

TODAY’S QUESTION, from Mark: Of those who have served as president, vice president or both, how many have been governor of a state?

The first person to correctly guess gets a mention in the next edition of Inside Congress. Send your answers to insidecongress@politico.com.

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