Current Affairs Of Pakistan & World: Playbook PM: Deep dive: Electoral College on the Hill

Playbook PM: Deep dive: Electoral College on the Hill

Dec 22, 2020

By Anna Palmer, Jake Sherman, Eli Okun and Garrett Ross

Presented by Facebook

WE'RE ALL BECOMING FAMILIAR with the process by which Congress must certify the Electoral College's results, which show clearly that JOE BIDEN will be the next president.

IN CASE YOU FORGOT, to launch a challenge to a state's Electoral College's results, a member of the House and a member of the Senate need to sign on. This has happened three times in the last 20 years: 2001, 2005 and 2017 -- all by Democrats.

IN OTHER WORDS, THIS ISN'T A ONCE-IN-A-CENTURY procedure -- it's relatively common, but it never works.

HERE'S HOW IT WILL GO DOWN: A member of the House and Senate each need to sign on to a challenge to a state's results. If that happens, the House and Senate each vote on the challenge. Both chambers have to vote affirmatively to accept the challenge. Neither chamber will -- period. Won't happen. Just like if you jump out the window and flap your arms, you won't fly -- Congress will reject any challenge if it even gets that far because the Democratic House will not vote to overturn the electoral results.

THE VP TYPICALLY presides over the certification in his role as the president of the Senate. JONATHAN SWAN from Axios had an excellent report this morning about how President DONALD TRUMP is turning on everyone, and how he would view MIKE PENCE certifying the results of the election as "the ultimate betrayal."

WELL, PENCE DOESN'T HAVE TO if he doesn't want to. If PENCE declines to show up, Sen. CHUCK GRASSLEY, the 87-year-old Iowa Republican who is president pro tempore of the Senate, does it in his place. No sweat, no problem.

IN 1969, HUBERT HUMPHREY declined to preside over the certification because he was the losing presidential candidate. So Deschler's Precedents -- which governs some of the instances that arise in the House -- says this in Sec. 2.5 of chapter 10: "In the absence of the President of the Senate, the President pro tempore of the Senate presides over the joint session to count the electoral votes for President and Vice President." This is the precedent that was set in 1969. (h/t this terrific CRS report about the process by which Congress will certify the Electoral College)

OF COURSE, declining to show up is probably as bad as showing up and certifying the results, in TRUMP'S mind.

THE LARGER MORAL QUESTION is can PENCE preside if he has already been strategizing with the opposition.

AND TWO UNANSWERED questions that may have to be decided by Congress' rules authorities in the coming days and weeks:

1.	Can Congress vote to reject PENCE as the presiding officer because he has a stake in the outcome? Congress can practically do anything it wants with a majority vote.
2.	If PENCE does preside and goes to bat for TRUMP, can Congress overturn an unjust or improper ruling? This is also an open question.

JAN. 6 will be a long day, given TRUMP has a crew of House Republicans willing to follow him down this idiotic rabbit hole. But this is going to fail in a spectacular fashion.

FWIW: A source told us that Rep.-elect MARJORIE TAYLOR GREENE (R-Ga.) was the person who set up Monday's meeting between conservative Republicans and TRUMP. Rep. MO BROOKS (R-Ala.) put the list of lawmakers together.

Good Tuesday afternoon.

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WE'RE SURE DEMS WILL BE PATIENT HERE! … WAPO'S NICK MIROFF and MARIA SACCHETTI: "Reversal of Trump immigration policies will 'take time,' Biden team says": "Top advisers to President-elect Joe Biden said Tuesday they will not immediately roll back asylum restrictions at the Mexican border and other Trump immigration policies, tamping down expectations for the kind of swift reversals Biden promised on the campaign trail.

"Speaking to reporters on a conference call, several members of the Biden transition team said the incoming administration would 'need time' to undo 'damage' to the U.S. immigration system and border enforcement policies that have severely limited the ability of asylum seekers to qualify for humanitarian protection.

"The transition officials echoed statements made by Susan E. Rice, Biden's incoming domestic policy adviser, and Jake Sullivan, his pick for national security adviser, in an exclusive interview published Monday with the Spanish wire service EFE urging patience with their immigration agenda. Rice told EFE Biden will use executive authority to implement his immigration agenda, but her cautious statements appeared to reflect the incoming administration's worries that easing up too quickly on Trump's enforcement system could trigger a new migration surge at the border.

"'Migrants and asylum seekers absolutely should not believe those in the region peddling the idea that the border will suddenly be fully open to process everyone on Day 1. It will not,' Rice said, according to a translation of the interview transcript."

THE BIDEN CABINET -- "Biden to pick Connecticut education commissioner for top schools post," by Tyler Pager, Alex Thompson and Nirvi Shah: "President-elect Joe Biden is poised to nominate Connecticut Education Commissioner Miguel Cardona for Education secretary, adding another Latino to his roster of Cabinet appointees and choosing a leader who has pressed schools to remain open for in-person classes during the pandemic, according to people familiar with the decision.

"Cardona's selection fulfills Biden's campaign promise to name an educator with public school experience as his nominee for the post. He has spent his entire career in Connecticut, working as an elementary school teacher, principal, district administrator and assistant superintendent, as well as adjunct professor before being named Connecticut's state chief last year by Democratic Gov. Ned Lamont." POLITICO

THERE HE IS! … "Biden announces Bruce Reed, 5 other White House senior staff," by Megan Cassella: "Bruce Reed … will become a deputy chief of staff … Biden also announced the appointment of Gautam Raghavan, an early transition adviser and former chief of staff to Congressional Progressive Caucus Chair Rep. Pramila Jayapal, to become deputy director of the Office of Presidential Personnel. …

"Also among the new appointees is Anne Filipic, who will become director of management and administration. Filipic has worked at the Obama Foundation and served stints in the White House and Department of Health and Human Services during the Obama administration.

"Ryan Montoya, the director of scheduling and advance for Vice President-elect Kamala Harris during the Biden-Harris campaign, will join the White House in the same role. He previously worked as chief technology officer for the Sacramento Kings, an NBA team, and was an advance associate during the Obama administration.

"Vinay Reddy, Biden's chief speechwriter during Obama's second term, the campaign and transition, who will join the administration as director of speechwriting. Elizabeth Wilkins will serve as senior adviser to the chief of staff after working in the same role during the transition. Wilkins previously worked at the Office of the Attorney General for the District of Columbia and was an adviser on the White House Domestic Policy Council under Obama."

EVERYONE IS TALKING ABOUT TRANSITION PLAYBOOK, SUBSCRIBE TODAY: A new year is quickly approaching. Inauguration Day is right around the corner. President-elect Joe Biden's staffing decisions are sending clear-cut signals about his priorities. What do these signals foretell? Transition Playbook is the definitive guide to the new administration and one of the most consequential transfers of power in American history. Written for political insiders, this scoop-filled newsletter breaks big news daily and analyzes the appointments, people and emerging power centers of the new administration. Track the transition and the first 100 days of the incoming Biden administration. Subscribe today.

GRIM MILESTONE … AP: "U.S. deaths in 2020 top 3 million, by far most ever counted," by Mike Stobbe

THE VACCINE DISTRIBUTION -- "Hospitals Confront Tensions Over Who Gets First Covid-19 Vaccines," by WSJ's Melanie Evans: "Hospitals pushing ahead with Covid-19 vaccinations are facing calls for more transparency into how they decide who gets the earliest shots, as manufacturers race to distribute limited early supply of vaccine.

"The sector is among the first to confront tensions, as they launch immunization campaigns across their workforce. In many cases, plans were hastily completed in the days before federal regulators approved the first Covid-19 vaccine. Overall, initial rollout of the vaccine has been rocky in some spots, with hospital systems in New York and California changing course after beginning to immunize workers. Mount Sinai Health System in New York said it halted vaccinations at some clinics mistakenly included in its first wave." WSJ

WHAT ELSE IS IN THE RELIEF BILL … NBC: "Congress passes bill to require carbon monoxide detectors in public housing," by Suzy Khimm

-- AP: "Congress takes aim at climate change in massive relief bill," by Matthew Daly: "The huge pandemic relief and spending bill includes billions of dollars to promote clean energy such as wind and solar power while sharply reducing over time the use of potent coolants in air conditioners and refrigerators that are considered a major driver of global warming.

"The energy and climate provisions, supported by lawmakers from both parties, were hailed as the most significant climate change law in at least a decade. … The sprawling legislation also extends tax credits for solar and wind power that are a key part of President-elect Joe Biden's ambitious plan to generate 100 percent 'clean electricity' by 2035." AP

THE UNEMPLOYMENT PICTURE -- "Wave of Attempted Fraud Hits State Unemployment Claims Programs," by WSJ's Sarah Chaney Cambon, Alejandro Lazo and Paul Kiernan: "States across the country—including California, Louisiana, Illinois, Maryland and others—have collectively received millions of unemployment insurance requests that officials believe to be tied to fraud, with losses likely in the billions of dollars.

"More than $500 billion in regular and pandemic-related unemployment aid has been distributed so far in the pandemic, according to U.S. Treasury Department data. … The [Labor Department], which administers federal components of aid programs in addition to compiling data on state benefits, said thieves have targeted temporary pandemic-related programs extending unemployment aid to millions of workers. To better understand the scope of fraud, it is working with states to track denials where identities couldn't be verified, the agency spokeswoman said." WSJ

A NEW YEAR, A NEW HUDDLE: Huddle, our daily must-read in congressional offices, will have a new author in 2021! Olivia Beavers will take the reins on Jan. 4, and she has some big plans in store. Don't miss out, subscribe to our Huddle newsletter, the essential guide to all things Capitol Hill. Subscribe today.

LOCKED AND LOADED -- "Congress lines up override votes in case Trump vetoes defense bill," by Connor O'Brien: "The House on Monday locked in a Dec. 28 veto override on the National Defense Authorization Act. And early on Tuesday morning, Senate Majority Leader Mitch McConnell said the upper chamber will return to session on Dec. 29 to tackle the veto if the House vote is successful."

TRUMP'S NOT THE ONLY ONE ASKING -- "Iowa Democrat asks House to review 6-vote race, cites errors," by AP's Ryan Foley in Iowa City, Iowa: "Democrat Rita Hart is asking the U.S. House to investigate and overturn the race that Iowa says she lost by six votes, arguing that 22 ballots were wrongly excluded and others weren't examined during the recount.

"In a notice of contest released Tuesday, Hart argues that she would have netted 15 votes and defeated Republican Mariannette Miller-Meeks had the 22 ballots been tallied in Iowa's 2nd Congressional District. Hart is asking the Democratic-led House to count those votes and conduct a uniform recount throughout the district's 24 counties, saying she is confident she will be ahead after that process and declared the winner." AP

ALLY MUTNICK and LAURA BARRÓN-LÓPEZ: "New DCCC chair draws diversity warning from colleagues as he names top staffer": "Eighteen months ago, House Democrats' campaign arm was turned upside down and shook up its senior staff mid-election cycle after complaints about a lack of diversity in its top ranks. At the time, Black and Hispanic lawmakers clashed with the committee for not placing a single person of a color in a position of authority.

"Now, incoming Democratic Congressional Campaign Committee Chair Sean Patrick Maloney (N.Y.) is drawing early warnings from some colleagues as he taps Pennsylvania-based strategist Tim Persico, a white man, as the committee's top staffer for the 2022 election cycle. Persico, a former chief of staff in Maloney's office, is deemed by many to be [a] seasoned operative with the requisite experience for his new job. But the committee did not conduct an extensive search before landing on him as the new executive director. And some members have already declared that they will speak out if his subsequent hires are not people of color." POLITICO

MEGATREND -- "U.S. public school enrollment dips as virus disrupts education," by Chalkbeat's Kalyn Belsha and Gabrielle LaMarr LeMee and AP's Leah Willingham and Larry Fenn: "An analysis of data from 33 states obtained by Chalkbeat and The Associated Press shows that public K-12 enrollment this fall has dropped across those states by more than 500,000 students, or 2%, since the same time last year.

"That is a significant shift considering that enrollment overall in those states has typically gone up by around half a percent in recent years. … The data, which in many states is preliminary, offers the clearest picture yet of the pandemic's devastating toll on public school enrollment — a decline that could eventually have dire consequences for school budgets that are based on headcounts. But even more alarming, educators say, is that some of the students who left may not be in school at all."

MEDIAWATCH -- "Number of Journalists Killed for Their Reporting Doubled in 2020," by NYT's Oscar Lopez in Mexico City: "The number of journalists killed as a result of their work more than doubled in 2020, an international media watchdog group said on Tuesday, with armed conflict and gang violence making Mexico and Afghanistan among the deadliest countries for reporters globally.

"At least 30 journalists were killed worldwide this year, according to the watchdog group, the Committee to Protect Journalists, with 21 of those killings carried out as a direct response to the reporters' work, compared to 10 in 2019. … While the total number of killings rose in 2020, the number of deaths related to conflict fell to its lowest level since 2000, according to the C.P.J., with waning violence in the Middle East and fewer reporters traveling because of the coronavirus pandemic." NYT