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Longest Shutdown in History Will End After Trump Accepts Democrats’ Solution

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President Donald Trump announces the end of the longest government shutdown in American history on January 25, 2019 (Breakfast Media / Andrew Feinberg)

WASHINGTON, January 25, 2019 — In the end, the longest partial government shutdown in American history was just a tale full of sound and fury, and will probably signify nothing.

More than a month of bluster and bravado came to an end Friday as a very subdued President Donald Trump acknowledged – in front of his entire staff, his cabinet, and the world – what had become clear over the past few days: He would not be getting the $5.7 billion in border wall funding that he had been demanding as a condition for reopening the government.

“In a short while, I will sign a bill to open out government for three weeks, until February 15,” Trump said as he addressed television cameras in White House Rose Garden.

“After 36 days of spirited debate and dialogue, I have seen and heard from ehough Democrats and Republicans that they are willing to put partisanship aside — I think — and put the security of the American people first.”

No longer able to dictate legislative priorities to a Congress controlled entirely by his party, Trump said a House-Senate conference committee will spend the next 21 days hammering out the details of a homeland security appropriations package “based on operational guidance from the experts in the field.”

Trump said he hopes that both Republicans and Democrats on the committee “will operate in good faith” during negotiations, which he called “an opportunity for all parties to work together for the benefit of our whole beautiful, wonderful nation.”

The president initially implied that Democrats, who he said “fully and finally acknowledged that having barriers, fencing, or walls — or whatever you want to call it– will be an important part of the solution.”

“We do not need 2,000 miles of concrete wall from sea to shining sea — — we never did; we never proposed that; we never wanted that – because we have barriers at the border where natural structures are as good as anything that we can build,” he said. “They’re already there.”

Instead, the proposed structure Trump outlined appeared to be largely along the lines of the “smart wall” Democrats have supported all along.

The remainder of the roughly 20-minute speech was a composed of the same immigration and wall-related talking points Trump has recited at countless campaign rallies and other venues, including a televised Oval Office address delivered in prime time.

Trump still spoke of crime and drugs, of women being bound, gagged and driven across the border by smugglers who “turn right or left.”

He still invoked the perils of “catch-and-release,” and the need for a “powerful wall or steel barrier.”

But he seemed a little less spirited than normal as he once again threatened to either shut down the government again or “use the powers afforded to me under the laws and the Constitution of the United States” to declare a national emergency if the conference committee’s product does not meet his standards.

After thanking Americans for listening, Trump took no questions and walked away, head down, shoulders slumped.

If there was any doubt that Trump had caved in the face of a united opposition from Democrats, Senate Minority Leader Chuck Schumer, D-N.Y., left no doubt that this was the case when he and House Speaker Nancy Pelosi addressed reporters.

“The president has agreed to our request to open the government and then debate border security, which is great news for the 800,000 government workers and millions of Americans who depend on government services,” Schumer said.

Schumer took care to note that the solution Trump was now endorsing — reopening the government prior to negotiating — was the one Democrats had insisted on from the beginning.

“Today the president will sign the bill to reopen the government along the outlines of what he proposed, and hopefully, it means a lesson learned for the White House and many four Republican colleagues — shutting down the government over a policy difference is self-defeating,” he said. “We cannot hold government workers hostage again.”

One source close to the White House said that Trump’s decision to accept the Democrats’ proposal went against the advice of many of his advisers.

“I think [Trump] was boxed into a corner and feels out of control,” said the source. “Everyone’s disappointed, there’s defeat in the air, and there’s skepticism that anything good is going to come out of this.”

As for who is getting blamed for the White House’s first legislative defeat since Sen. John McCain, R-Ariz. scuttled Republicans’ repeal of Obamacare, the source said “a lot of people” are blaming Jared Kushner, the president’s Senior Advisor, son-in-law, and emissary to Capitol Hill during the shutdown.

Columnist Ann Counter, one of the conservative commentators whose criticism had prompted Trump to shut down the government five weeks ago, appeared to agree that Kushner, who has been deeply involved in negotiations to end the shutdown, was to blame.

Shortly after Trump finished speaking, Coulter tweeted: “Maybe the solution to the border crisis is not deporting 22 million illegals but one Jared Kushner.”

Pro-Trump commentator Mike Cernovich also took to Twitter with an even more pessimistic take on the situation, writing that Trump was now “a broken man.”

“It’s over for him,” Cernovich tweeted.

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Andrew Feinberg covers the White House, Capitol Hill, and anything else you can think of for BeltwayBreakfast.com and BroadbandBreakfast.com. Andrew has reported on policy and politics in the nation's capital since 2007, and his writing has appeared in publications like The Hill, Politico, Communications Daily, Silicon Angle, and Washington Business Journal. He has also appeared on both daytime and prime radio and television news programs on NPR, Sirius-XM, CNN, MSNBC, ABC (Australia), Al Jazeera, NBC Digital, Voice of America, TV Rain (Russia) and CBS News. Andrew wishes he could say he lives in Washington, DC with his dog, but unfortunately, he lives in a no-dogs building in suburban Maryland.

Elections

‘No Good Explanation’ For McConnell ‘Thumb Twiddling’ On Election Security Bills, Schumer Says

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WASHINGTON, June 19, 2019 — Senate Minority Leader Chuck Schumer on Tuesday said he doesn’t know why Mitch McConnell won’t allow the Senate to vote on a host of election security measures, but he hopes it’s not because the Senate Majority Leader wants President Donald Trump and his party to benefit from foreign interference.

“It’s hard to come up with any good reason why one should block this,” said Schumer, D-N.Y., who noted that McConnell’s stonewalling extends to bipartisan measures offered by Senators Lindsey Graham, R-S.C. and James Lankford, R-Okla.

“I have no good explanation, and I hope it’s not because he thinks that Russian interference will benefit President Trump or his party,” he said, adding that the tools Russian President Vladimir Putin used for the pro-interference campaign he mounted in 2016 could easily be turned around and used to obtain a result that McConnell would not like.

Efforts to craft a comprehensive election security bill that would shore up American elections against foreign meddling and deter adversaries from attempting to interfere have been a priority for Democrats and some Republicans since early 2017, after intelligence officials revealed that Russia had put its thumb on the scales during the 2016 presidential election.

President Trump and many of his allies have often tried to downplay the significance of the Intelligence Community’s findings as a “hoax” perpetrated on the American people as part of a “deep state coup” by unelected bureaucrats.

During a joint press conference with Putin at their Helsinki summit last year, Trump said he believed the Russian strongman’s denials over the assessments of his own intelligence chiefs.

But a two-year investigation led by Special Counsel Robert Mueller largely confirmed what intelligence officials had already revealed to the public.

In his report to Attorney General William Barr, Mueller found that Russia “interfered in the 2016 presidential election in sweeping and systematic fashion,” using networks of “troll farms” and social media bots to hijack the public discourse, and by weaponizing information stolen from the Democratic National Committee and members of 2016 nominee Hillary Clinton’s campaign.

Mueller and his team found no evidence of a criminal conspiracy or any sort of direct coordination between President Trump’s 2016 campaign and the Russian government. But the evidence they unearthed showed that the Russian government “perceived it would benefit from a Trump presidency and worked to secure that outcome,” and that senior members of the President’s 2016 campaign were aware of Russia’s efforts and had expected to benefit from them.

While the 2018 midterm elections appear to have gone off without incident, Schumer said it is “irresponsible” for McConnell to suggest that the mission of securing future elections is complete, citing FBI Director Christopher Wray’s warning that America’s adversaries “are going to keep adapting and upping their game” for the “big show” in 2020.

“Director Wray says things are going to get a lot worse in 2020 and [McConnell] just stands there and twiddle[s] [his] thumbs,” he said, calling the majority leader’s stance “totally inconsistent with the warnings from the Special Counsel and the FBI Director.”

“Intelligence Committee community leaders have repeatedly warned that foreign powers will interfere with elections again, and it’s not just Russia — China, North Korea, Iran, all could do it.”

Schumer added that Democrats will continue to press for votes on many of the election security bills that have been bottled up by McConnell, as well as the bipartisan sanctions bills like the DETER Act, sponsored by Sen. Chris Van Hollen, D-Md. and Marco Rubio, R-Fla.

“Leader McConnell has plenty of good options to choose from. There’s no reason why the Senate can’t take up and debate any of these bills,” Schumer said.

When asked to explain the GOP leader’s refusal to allow votes on bills related to election security, Majority Whip John Thune said Republicans would be willing to take up any measures judged “constructive and helpful” that were “more than partisan exercises.”

“We shouldn’t tolerate any foreign interference in American elections. But I do know that a lot of discussion around this issue is, I think, designed to attack the President,” he said.

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Check Your Privilege

As Dems Probe Whether Census Is Being Rigged Against Minorities, Trump Claims Executive Privilege Over Commerce Department Docs

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House Oversight Committee Chairman Elijah Cummings, D-Md., wields the gavel during a 2019 hearing

WASHINGTON, June 12, 2019 — President Trump will invoke executive privilege to keep the House Oversight Committee from viewing documents that could shed light on whether Commerce Secretary Wilbur Ross’ decision to include a citizenship question in the 2020 census was motivated by racial or political animus, a Commerce Department official said Wednesday.

In a letter to House Oversight Chairman Elijah Cummings, Commerce Department Legislative Affairs Director Charles Kolo Rathburn said Cummings’ decision to go ahead with a vote to hold Ross in contempt forced Trump’s hand.

“It is disappointing that you have rejected the Department of Commerce’s request to delay the vote of the Committee on Oversight and Reform on a contempt finding against the Secretary this morning. By doing so, you have abandoned the accommodation process with respect to the Committee’s January 8, 2019 request for documents and information and April 2, 2019 subpoena for documents concerning the Secretary’s decision to reinstate a citizenship question on the 2020 Census,” said Rathburn, a political appointee who is performing the duties of the Assistant Secretary [of Commerce] for Legislative Affairs because President Trump has not nominated anyone to fill the Senate-confirmed position.”

“Accordingly, I hereby advise you that the President has asserted executive privilege over the specific subset of the documents identified by the Committee in its June 3, 2019 letter — documents that are clearly protected from disclosure by the deliberative process, attorney-client communications, or attorney work product components of executive privilege.”

Additionally, Rathburn said Trump will use the privilege to withhold all documents the committee had subpoenaed on April 2 as part of its investigation into whether the his administration’s plan to add a citizenship question to the 2020 census was an attempt to reduce the counted population of Democratic-leaning minority groups.

The decennial census, a requirement laid out in Article I, Section II of the Constitution, is required in order to determine how many seats in the House of Representatives — and electoral votes — will be allocated to each state.

Because the Constitution requires the census to count “the whole number of persons in each state,” most experts say a question on citizenship — a subject which the census has not asked about in more than half a century — is unnecessary.

While the Commerce Department says adding the question is necessary — even without performing the statistical testing required by law — to better enforce the Voting Rights Act, experts also say adding such a question would result in fewer responses from Latino households in which some members are undocumented.

After a number of states sued the Trump administration in hopes of blocking Ross from adding a question that could potentially cause them to lose representation in Congress, a district court judge found the Commerce Department to have violated the Administrative Procedure Act by acting in an “arbitrary and capricious” manner when deciding whether to add the question.

The judge’s detailed finding of fact did not address whether the Trump administration’s decision to add the question was motivated by a desire to hurt Democrats or dilute minority representation, and the administration’s appeal is currently before the Supreme Court.

But the case was upended last month after the progressive advocacy group Common Cause obtained a cache of documents from the daughter of a deceased GOP redistricting expert.

Those documents reveal that the expert, Thomas Hofeller, had corresponded with Commerce Department officials and other top Republicans about how the GOP could gain an advantage from the addition of a citizenship question to the census.

As a result, members of Cummings’ committee are hoping to look into whether Ross or other administration officials committed perjury when testifying before Congress or as part of the lawsuit over the citizenship question.

While the President customarily has broad latitude when claiming executive privilege — meant to protect presidential communications so as to give the chief executive the benefit of candid advice — courts have placed some restrictions on its uses.

In 1974, a unanimous Supreme Court held in United States v. Nixon that a president could not use a claim of executive privilege to defy a judicial subpoena.

But one executive privilege expert — University of Virginia law professor Saikrishna Prakash — cautioned that the Nixon ruling does not apply to a Congressional subpoena.

“[The] Nixon [case]…was…an actual prosecution as opposed to Congress being involved, and the court…set aside the question of whether [executive] privilege ought to apply or how it would apply to Congress,” said Prakash, a Senior Fellow at UVA’s Miller Center.

“The [Supreme] Court has never said how the executive privilege applies to Congress if it does apply to Congress, but the lower courts seem to think that it does.”

Prakash predicted that the Trump administration’s invocation of executive privilege will be “the first step in a complicated dance” which will most likely end with some sort of negotiated settlement between the administration and Congress.

But if the White House asks the judicial branch to declare that the President can use executive privilege to block Congressional investigations, Prakash said it’s possible that a court would find that Congress’ interest in determining whether members of the executive branch broke the law to be sufficient enough to pierce the veil the administration hopes to draw around its actions.

“One could always say, ‘we’re worried about the possible, uh, possible, uh, uh, possible crimes by executive branch officials and therefore we need this information.’ If that’s enough to overcome the privilege, you might understand that as saying that, in effect, there is no privilege vis-a-vis Congress.”

“That might very well be the right answer, but it’s not an answer that the courts have given us yet,” he said, adding that House Democrats will most likely use such an argument if they try to enforce their subpoena in court.

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Federal Communications Commission

Three Democratic Senators Came Not to Bury the FCC’s Net Neutrality Rules, But to Praise Them

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Senator Edward Markey, D-Mass., speaks from the Senate floor in support of the Save the Internet Act on June 11, 2019 (screenshot / C-SPAN2)

WASHINGTON, June 12, 2019 – A trio of Democratic senators on Tuesday called for Senate Majority Leader Mitch McConnell to allow a vote on legislation to roll back the Federal Communications Commission’s repeal of network neutrality regulations put in place during the Obama administration.

Sens. Ed Markey, D-Mass., Ron Wyden, D-Ore., and Maria Cantwell, D-Wash., each took to the Senate floor on Tuesday to demand that McConnell, R-Ky., bring the Save the Internet Act to the floor for a vote. The Markey-authored legislation would turn back the regulatory clock to June 11, 2018, just as FCC Chairman Ajit Pai’s repeal of the Obama-era Open Internet regulations was taking effect.

“I rise today in defense of net neutrality. In April, the House of Representatives took an important step in passing the Save the Internet Act legislation that would…restore net neutrality protections,” said Markey, who has been a strong proponent of rules to prevent broadband providers from blocking or throttling customers’ internet traffic since his days representing Massachusetts in the House of Representatives.

Markey noted that the Senate passed a so-called “resolution of disapproval” last year to use the Congressional Review Act to overturn the FCC’s repeal of the Obama-era rules, but added that he was offering up the Save the Internet Act because the CRA is no longer an option.

“Unfortunately, our Republican colleague are failing to listen to the voices of their constituents and plan to block the vote from happening,” he said.

“Let’s be clear. Net Neutrality is just another way in which the Republican Party refuses to side with the ordinary people in our country.”

Wyden echoes the high stakes involving in politicizing net neutrality

Wyden, who has frequently collaborated with Markey on network neutrality legislation, rose when his colleague had finished to echo the Massachusetts senator’s call for action and explain the stakes.

“Net neutrality — the free and open internet — says that once you have access to the internet, you get to go where you want, when you want and how you want,” Wyden said before noting that both he and Markey have been pushing for strong network neutrality protections for more than ten years.

Responding to critics of his bill who’ve said that the current FCC rules have not resulted in the far-reaching consequences predicted by network neutrality proponents, Wyden explained that the changes he and others fear are often slow in coming.

“Here’s the reality — these changes that hurt consumers don’t come all at once, and that’s for a reason. Big cable companies count on making them in steady, creeping ways that go unnoticed — it’s death by a thousand inconveniences,” he said.

The Oregon senator offered as an example the recent proliferation of “unlimited” data plans “that totally throw away the definition of the word ‘unlimited.'”

“To understand the complicated limits on internet access in these newfangled “unlimited” plans, you practically need a graduate degree in big-cable legal jargon,” Wyden said. “Consumers might be forced to swallow hard and accept it, but that doesn’t make it acceptable.”

Wyden also noted that the rise of mega-mergers between content providers and broadband network operators — like the recent merger between Time-Warner and AT&T — can threaten consumers by eroding competition, reducing the number of available choices, and giving rise to anti-competitive bundling deals in which network operators don’t charge for access to one preferred content provider but do so for all others.

“That’s a bad deal for consumers who ought to be able to access what they want and when they want. It’s also a nightmare for startup companies who won’t be able to afford special treatment and won’t be able to compete with the big guys,” he said.

Cantwell says that net neutrality rules are needed to protect jobs from internet companies

Cantwell, D-Wash., noted that strong network neutrality rules would protect the 15,000 internet companies which provide 377,000 jobs and make up one-fifth of the economy in her state.

“We know we have to fight back against companies who gouge consumers or suppress competition. And being one year since the FCC decided to turn back protections for the internet, we’re here today because we know that we’ve already seen the inklings of what is more to come,” she said before adding that broadband provides are already “doing things that are slowing down or charging consumers more.”

Network neutrality rules, Cantwell said, drew comments from more than 20,000 consumers who told the FCC to keep strong protections in place.

“They do not want to see large-scale companies overcharging or gouging them,” she said.
Cantwell argued that strong network neutrality protections are good for the economy because they allow the internet to be a “great equalizer” that is “helping people from different backgrounds participate in our economy.”

“But innovative businesses in every small town and every city need to have an internet that is going to give them access to create jobs and move their local economies forward,” she added, warning that consolidation threatened the internet’s record as an economic engine.

“Today, in the United States, three cable companies – just three cable companies – have control of internet access for 70 percent of Americans. And 80 percent of rural Americans still only have one choice for high-speed broadband in their homes and businesses,” she said.

“So we’re not going to get likely competition where the consumer can just say ‘You’re artificially slowing me down. You’re charging me too much. I’m just going to go to the competition.’ That’s not likely to happen.”

“That is why we need a strong FCC approach to protecting an open internet and saying that they shouldn’t block, they shouldn’t throttle, they shouldn’t manipulate internet access. And without these protections, big cable can move faster in charging more,” Cantwell said.

“I ask my colleagues on the other side of the aisle to say that it’s time to hold these companies accountable and put consumers ahead of these big cable profits.”

(Photo of Sen. Ed Markey on the Senate floor on Tuesday.)

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