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THE TOP
Happy Tuesday evening.
New: Even as Senate Republicans say theyâre prepared to head home for the holidays without a deal on Ukraine â a huge blow to Ukrainian President Volodymyr Zelensky, who was on the Hill today â the Biden administration seems to be making some last-minute moves on immigration and border control.
CBS News reported that Biden administration officials âwould be willing to support a new border authority to expel migrants without asylum screenings,â as well as a âdramatic expansion of immigration detention and deportationsâ in a bid to get Republicans back to the negotiating table on Ukraine.
A senior administration official confirmed the basic outlines of the CBS report but added that nothing has been agreed to at this point. And both sides are looking to narrow the scope of the talks.
There hasnât been a breakthrough, and one may not occur. Yet there has been so little progress on this front that any movement at all is noteworthy.
DHS Secretary Alejandro Mayorkas was in Senate Majority Leader Chuck Schumerâs office early Tuesday evening. Sens. Chris Murphy (D-Conn.), James Lankford (R-Okla.) and Kyrsten Sinema (I-Ariz.) â all of whom have been involved in the immigration and border security talks â were also there. An aide to Senate Minority Leader Mitch McConnell was also in the room.
Murphy, the lead Democratic negotiator, wouldnât comment on the CBS report, deferring to the White House.
âWe made progress,â Murphy told reporters following the meeting. âObviously our goal, the leaderâs goal, is to get this done before we leave. So thatâs all Iâll say.â
Schumer declined to comment as he walked into a Hanukkah celebration in the Capitol. Speaker Mike Johnson told us he was not aware of any new offer that the White House has made to Capitol Hill.
House Minority Leader Hakeem Jeffries told us it would be âpremature for me to commentâ on the negotiations. âAny changes that are made with respect to immigration policy have to be consistent with our values,â Jeffries added.
The White House said it âhas not signed offâ on any proposal. Hereâs what a White House spokesperson told us:
âThe White House has not signed off on any particular policy proposals or final agreements, and reporting that ascribes determined policy positions to the White House is inaccurate. The [p]resident has said he is open to compromise, and we look forward to continued conversations with Senate negotiators as we work toward a bipartisan package.â
The devil is in the details here, of course. House Republicans have signaled they wonât accept half-measures from the Biden administration and Hill Democrats.
âYou gotta go back to the policies that work,â House Judiciary Committee Chair Jim Jordan (R-Ohio) told us Tuesday afternoon before reports of the conversations with the White House. âRemain in Mexico. You come across, weâre gonna detain you. Weâre not gonna release people in the country. Thatâs what it all boils down to. Short of that, I donât think you get Republicans to go along.â
Earlier Tuesday, McConnell told Republicans during their lunch that a deal to unlock new Ukraine aid wouldnât come together before lawmakers break for the holiday recess, effectively punting on the issue until January at the earliest. The White House has warned that Ukraine will suffer battlefield losses if new aid isnât approved this month.
McConnellâs remarks, which he later repeated publicly, came just hours after Zelensky visited with senators to once again plead for additional assistance. Republicans told Zelensky that they need to resolve the crisis at the U.S.-Mexico border before worrying about his borders.
âItâs practically impossibleâ to get an agreement through both chambers before Christmas, McConnell said at his weekly news conference. He cited Johnsonâs suggestions that the House will not stay in session past this week.
âThat doesnât mean itâs not important,â McConnell added of the overall package. âWeâre not losing track of [Ukraine]. Itâs just that border security applies to us as well.â
McConnellâs deputy, Senate Minority Whip John Thune, said itâs about âgetting this done and getting it done right.â
Schumer said he called Johnson Monday night to urge him to keep the House in session past this week.
âYou donât say âWe can put it off three weeksâ if itâs an emergency,â Schumer said of Republicans. âWe are trying very, very hard to get this done.â
Schumer added that it will be âmuch harderâ to get something accomplished in January. The Senate majority leader declined to say whether he would keep the Senate in session past Thursday if the House leaves.
Punting to January adds another big agenda item to Congressâ plate with a government funding deadline looming in mid-January. Senators will have just a handful of legislative days to figure everything out after returning from the holiday break.
â John Bresnahan, Andrew Desiderio and Jake Sherman
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A fresh Senate stablecoin bill is coming into focus
Thereâs a new stablecoin package forming in the Senate.
Sens. Kirsten Gillibrand (D-N.Y.) and Cynthia Lummis (R-Wyo.) have worked together before on broader crypto legislation that would have touched on stablecoins. This time, the pair is focused on a âdiscreteâ stablecoin bill.
The senators tell us the effort is coming partly in response to policy developed across the Capitol. The Republican-led House Financial Services Committee cleared stablecoin legislation in July with some bipartisan support, but many Democrats are concerned about the Federal Reserveâs limited oversight role in the new framework.
âWhat we are doing is a discrete bill just on stablecoins right now, so if the House moves on it, we will have a unique bill in the Senate to mark up, hopefully,â Gillibrand told us.
Lummis, a top crypto backer on Capitol Hill, said that negotiations are ongoing at the staff level and the goal is to âcraft a bill that is bipartisan and bicameral.â
How exactly this approach will vary from the Houseâs is the big question. Negotiations are ongoing, so donât expect hard details for a minute. But Gillibrand acknowledged the role of Fed supervision over state-chartered stablecoin firms as a major focus.
âItâs a little more refined on what the state path is outside of a state bank,â Gillibrand said. âSo, if you want to have [a crypto company] be an issuer of a stablecoin, what requirements will be on them, what Fed oversight would be included? We think we have a nuanced position that might be the sweet spot.â
We still expect the Senateâs approach to feature a significant role for state governments. Thatâs a priority for Lummis.
âIâm going to be as protective as I can of state banking being able to operate as the dual-rail system in our banking system, even when it comes to stablecoins,â Lummis said. âThat said, Iâm willing to listen to counterarguments if there are those who think that the Fed should have a bigger role than I personally envision.â
Laura Peavey, a spokesperson for House Financial Services Committee Chair Patrick McHenry (R-N.C.), said âthere is bipartisan and bicameral agreement that the best approach to regulating the issuance of payment stablecoins is to build on successful state regimes, like New York.â
Could this new approach be enough to interest Senate Banking Committee Chair Sherrod Brown (D-Ohio)? Heâs keeping his options open. âItâs on my radar,â he told us.
âI donât want a crypto industry written bill, and Iâll leave it at that. I mean, thatâs what McHenry is doing in the House. Not clear on this bill.â
â Brendan Pedersen
2024
N.Y. court orders state to redraw congressional maps
New York Democrats will likely face better odds at flipping a number of GOP-held House seats after a state court ordered new congressional lines drawn ahead of 2024.
In a 4-3 decision, the State Court of Appeals told New Yorkâs Independent Redistricting Commission to come up with a new map by Feb. 28.
That commission is a bipartisan entity tasked with finding common ground on House districts. Last cycle, the IRC failed to agree on a map and the Democratic-controlled state legislature stepped in to implement a Democratic gerrymander. Of course, that gerrymander was thrown out in the courts, resulting in a special master creating a competitive map where Republicans triumphed in key swing seats.
Thereâs a widespread sense that if the IRC can agree on new lines, they will almost certainly benefit Democrats.
DCCC Chair Suzan DelBene hailed the decision as âa win for democracy.â
âAs a result of the courtâs enlightened decision, the Independent Redistricting Commission can now begin the process of drawing fair maps,â House Minority Leader Hakeem Jeffries said in a statement.
NRCC spokesperson Savannah Viar said the decision showed Democrats are âtrying to cheat their way to powerâ by allowing the party a âsecond attempt at gerrymandering the maps.â
There are currently five New York Republicans â Reps. Nick LaLota, Anthony DâEsposito, Mike Lawler, Marc Molinaro and Brandon Williams â who represent districts that President Joe Biden won in 2020.
â Max Cohen
đ
What weâre watching: Wednesday
The House: Itâs a big day in impeachment news. Hunter Biden is scheduled to appear for a behind-closed-doors deposition in front of the House Oversight Committee tomorrow. But the younger Biden is unlikely to show as his lawyers are demanding that a public hearing is held instead.
The House is also poised to vote on whether to officially authorize an impeachment inquiry into President Joe Biden. After months of resisting holding an official vote, Republican leadership decided it was necessary to add legal heft to their subpoenas.
The Senate: The Senate is likely to wrap up the annual defense authorization bill as soon as tomorrow, sending it over to the House for final approval.
Weâre also keeping a close eye on the border security talks and whether thereâs enough movement to keep the Senate in session past this week.
We also expect that Senate Majority Leader Chuck Schumer will lay out a plan to approve the promotions of four-star general candidates who are still being held up by Sen. Tommy Tuberville (R-Ala.).
â Max Cohen and Andrew Desiderio
CLIP FILE
NYT
â | âBiden Says Israel Is Losing Support Over the War in Gaza,â by Michael D. Shear |
Bloomberg
â | âBiden Will Meet Families of US Hostages Held by Hamas,â by Jordan Fabian |
WSJ
â | âMcCarthy Urged Trump Not to Run on a Message of Revenge,â by Kristina Peterson |
AP
â | âGeorge Santos attorney expresses optimism about plea talks as expelled congressman appears in court,â by Philip Marcelo in Central Islip, N.Y. |
Politico
â | âThe other Menendez gets a primary challenger for 2024,â by Ry Rivard |
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