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09/06/2018 08:02 AM EDT


By Nolan D. McCaskill (nmccaskill@politico.com or @NolanDMcCaskill)

KAVANAUGH HEARING: DAY THREE -- Supreme Court nominee Brett Kavanaugh will face another round of questioning today from members of the Senate Judiciary Committee after Wednesday's marathon 12-hour session. Kavanaugh "declined to address whether a sitting president can be subpoenaed or if presidents can fire prosecutors investigating them, sidestepping two potential flashpoints in special counsel Robert Mueller's investigation of President Donald Trump," Elana reports. "His avoidance of thorny questions regarding the special counsel's probe comes as Trump's legal team vows to take the fight over any possible Mueller subpoena of the president to the Supreme Court -- where Kavanaugh could sit
as soon as next month." More: http://go.politicoemail.com/?qs=58b2452cc3d9abbbf7fa045b2e5f50550e408dc978eedf0c8f6f10910bda1ab654caaf5d0795d4ed4be03cfbe42db9b0

In a late exchange with Sen. Kamala Harris (D-Calif.), Kavanaugh was asked if he ever discussed the Mueller probe with a lawyer at Kasowitz, Benson & Torres, Trump's longtime law firm. "Trump's high court pick appeared nonplussed, responding that 'I'm not sure I know everyone who works at that law firm,' but the California Democrat -- a veteran prosecutor known for her tenacious questioning and high on her party's 2020 presidential short lists -- would not let up," Elana adds. "The moment was striking... But Harris moved on from the question within minutes, turning what seemed like a chance to get Kavanaugh on the ropes into a mystery -- and one with a sizable downside risk." More on that
exchange: http://go.politicoemail.com/?qs=58b2452cc3d9abbbf09f53a4ec796b29883f669729e0c003cffccb49de513fb7ba50f716024db71edda8c60a73c52ae2 and the full eight-minute clip: http://go.politicoemail.com/?qs=58b2452cc3d9abbbc2bbcb82536db93cfa1d00c09aff363a776d41620a3383b6cb17aedd0039d6f00ca8ef8558b3d011

Related: "Kavanaugh sidesteps questions on abortion," by Adam Cancryn: http://go.politicoemail.com/?qs=58b2452cc3d9abbbdfd55eebb8167edf93f445442a3ebf5743747c7e23a3c27fb35921e80c6aa731fecfaacf9aed02b5 and "Key moments from Kavanaugh's combative hearing," from Rebecca Morin: http://go.politicoemail.com/?qs=58b2452cc3d9abbb90ecb5ba606889be10ed5f11272f08c84d05775272a8aaae6c4f2f993950bf5222b9e06a72ae44b4

SENATE DEMS SHIELD SCHUMER -- Despite Kavanaugh's likely confirmation -- and criticism from the left that he's "failing" his party -- Chuck Schumer's (D-N.Y.) job as Senate minority leader is safe, according to interviews with nearly a dozen Senate Democrats. "Schumer helped recruit many sitting senators, giving him a reserve of political capital when the 67-year-old took over for Harry Reid in 2017 as Donald Trump became president," Burgess and Elana note. "Liberals and moderates in his caucus are well aware of Schumer's tough lot navigating Trump's Washington, and they've given him room to maneuver, including in the fight over a Supreme Court nomination he's powerless to stop on his own."

Liberals accuse Schumer of giving Kavanaugh a pass. In a letter Wednesday, more than a dozen progressive groups said Schumer's inability to get the entire caucus to vote against Kavanaugh is "not the leadership we need." Senate Democrats, however, shrugged off the criticism as noise. "Schumer is expected to have broad support heading into 2019," Burgess and Elana write. "Even a loss of Senate seats this fall is unlikely to significantly shake Schumer's level of support." According to Sen. Ben Cardin (D-Md.), "There is universal confidence in the Democratic Caucus for Sen. Schumer." More: http://go.politicoemail.com/?qs=58b2452cc3d9abbb3023bef3d02b5e2e19a55f7d0947323c367cc6d713a7656eac365f7277ec21d32745fbe7a4363a32

PRIMARY DAY -- Sen. Tom Carper (D-Del.) has never lost a race in his 40-plus-year political career. But he faces a serious primary challenge today from Kerri Evelyn Harris, a 38-year-old political newcomer and community activist. Carper, however, has a massive fundraising advantage, raising more than $1.3 million to Harris' $120,000 as of mid-August. "Despite being a frequent and vocal critic of President Donald Trump, Carper has developed a reputation over the years as a centrist able to work with both Republicans and Democrats in Congress," The Associated Press reports. "Harris, meanwhile is among a wave of young activist Democrats ... trying to push the party farther left." More:
http://go.politicoemail.com/?qs=58b2452cc3d9abbb8b1c902e5c3ec1e330aca7c52e90383f1fa6bb68a4979eb5dcf534b5e63ba71c49a09998c836f765

Harris "has slammed Carper for a voting record that she says is too friendly toward banks and pharmaceutical companies, and too hostile toward the environment," Steven Shepard and James Arkin write. "But, most of all, Harris -- a biracial lesbian who is trying to be the first successful primary challenger of a Democratic senator since 2010 -- says Carper and other political leaders are out of touch with everyday Delawareans." Democratic insiders are skeptical that Harris can pull off the upset. But Harris' allies say Delaware's small size gives her a chance. More: http://go.politicoemail.com/?qs=58b2452cc3d9abbb5a8674014a18663b8b09a0760c7c4aa0ad4f57543ab8ad827b017b7ff1b67a2a7a51f2f91f180cb4

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, Sept. 6.

WEDNESDAY'S MOST CLICKED: POLITICO's inaugural midterm race ratings interactive was the big winner.

A LOOK TO 2019 -- What will the next Congress look like if Nancy Pelosi (D-Calif.) becomes speaker and Mitch McConnell (R-Ky.) remains Senate majority leader? "More gridlock, government shutdowns, and the potential impeachment of President Donald Trump," Bres and Burgess report, citing lawmakers from both chambers and parties. "Yet a Pelosi-McConnell-run Congress might also yield deals benefiting both parties -- and Trump, who could claim credit for any bipartisan packages as he mounts an expected reelection bid in 2020." An example of such a deal is infrastructure spending, which would impact every state and congressional district.

"With Democrats increasingly favored to win the House in November and Republicans to keep their hold on the Senate, the Pelosi-McConnell dynamic is poised to become one of Washington's most consequential political relationships -- one fraught with tension but also holding the potential for legislative breakthroughs spurred by decades of congressional deal-making," they explain. "It would all unfold against the backdrop of 2020. McConnell and Pelosi will be up for reelection in 2020, and their decisions on whether to run will have a huge impact on what Congress would look like heading into possibly a second term for Trump, or with a new president in the Oval Office." Much more:
http://go.politicoemail.com/?qs=58b2452cc3d9abbb790699139a8fdb1c289d3176bcc8e042da3da70eb5ea468bdb6277a99862fe2637d0476f7f27842f

FARM BILL ANALYSIS -- A nonpartisan research firm projects nearly 2 million low-income Americans would lose benefits under the House's farm bill. "The bill, a multiyear spending measure that narrowly passed the House in June, includes a proposal to reformulate income and expense criteria for the 42 million recipients of the Supplemental Nutrition Assistance Program," The New York Times' Glenn Thrush reports. "Under the bill, states could remove about 8 percent of those receiving aid from the rolls, according to the research firm, Mathematica, which used data from the Agriculture Department's Food and Nutrition Service."

The bipartisan Senate bill does not include tougher work requirements or the new benefit formula, but lawmakers are reconciling the differences between the two measures. Trump, however, urged Congress to pass a farm bill that includes work requirements, which he said would "bolster farmers and get America back to work." More: http://go.politicoemail.com/?qs=58b2452cc3d9abbbd91a576afe04369c981d5571818056d9c7ab88b32cbc26875ab34f29c41250a9bf8c6ad049722ba0

WARREN MEETS THE D.C. PRESS -- Sen. Elizabeth Warren (D-Mass.) has for years waved off questions from Capitol Hill reporters so sternly that journalists have stopped trying. But, as she inches toward a potential 2020 presidential bid, she says that's about to change. "I'm going to open up," Warren said. "When I first came here, I had never run for office before and never been a public official. I thought it was important for me to put my head down and learn how to do this job. ... [B]ut with Donald Trump attacking the free press, I started thinking again about my responsibilities to be more accessible to the press here in Washington."

"The move will help amplify Warren's microphone, given the sheer number of journalists these days on Capitol Hill," Burgess writes. "It follows similar efforts by other senators to be more accessible. Sen. Cory Booker (D-N.J.) also began his tenure in the Senate by declining the ritual of answering questions in the halls of the Senate, but gradually opened up, as did Sen. Mazie Hirono (D-Hawaii)." Still, there are several senators who stay mum, including Senate leaders Mitch McConnell (R-Ky.) and Chuck Schumer (D-N.Y.) and Sens. Todd Young (R-Ind.) and Joe Donnelly (D-Ind.). More: http://go.politicoemail.com/?qs=58b2452cc3d9abbbee2fe39e7d08cd31d783e169aaebb6003875e192200804069d0e47de6bbee2677d6503192d78f8b1

RUBIO CLASHES WITH ALEX JONES -- InfoWars' Alex Jones crashed a gaggle with Sen. Marco Rubio (R-Fla.) in a now-viral clip that's garnered more than 1.5 million views. "I just don't know who you are, man," Rubio remarks 80 seconds in as Jones repeatedly heckles him. Jones accused Rubio of feigning ignorance, insisting the Florida Republican knows "full well" what InfoWars is. Then he called Rubio a "little frat boy," prompting Rubio to turn toward him and confront him: "Who are you? Who is this guy? I swear to God I don't know who you are, man."

Then the altercation got ... touchy. Jones tapped Rubio's shoulder as he taunted him. "Hey, don't touch me again. I'm asking you not to touch me again," the senator said. "I just patted you nicely," Jones claimed. "I know," Rubio said. "But I don't wanna be touched -- I don't know who you are." "Oh, you want me to get arrested," Jones suggested. "You're not gonna get arrested," Rubio assured him. "I'll take care of you myself." Jones seized on the comment, telling the group of reporters the "little gangster thug" had "threatened to physically take care of me."

Rubio eventually walked away. "I gotta go to the committee," he told reporters. "You guys can talk to this clown." The Periscope video: http://go.politicoemail.com/?qs=58b2452cc3d9abbb3d24418341ac9be8f34e4c78646f2812140975bedae591993b04d3c62bf9dbc2f164d3fa094dab3c and more context, from Cristiano Lima: http://go.politicoemail.com/?qs=58b2452cc3d9abbb1a71607f7fcfddd48de29313c51dfe0e03d7228d4eaf6075b1f36853c4c00292d4cbfa74b78b7261

BILLY LONG DROWNS OUT LAURA LOOMER -- Once an auctioneer, always an auctioneer. Rep. Billy Long (R-Mo.) used an auction call to drown out far-right activist Laura Loomer during a House Energy and Commerce Committee hearing with Twitter CEO Jack Dorsey. "After Chairman Greg Walden, R-Ore., repeatedly called for Loomer to stand down in the hearing room, or else risk her removal, Loomer continued -- which is when Long stepped in with a fast-talking auctioneer chant to drown her out," Fox News' Nicole Darrah writes. "Long chanted for a few minutes as Capitol Police worked to remove Loomer." "I yield back," Long said to laughter as Loomer was being escorted out. More:
http://go.politicoemail.com/?qs=58b2452cc3d9abbbc652c50db0561977d580feae5926e322431f247e5a5aca8b2b51934db782b41d2d6e7737670d62fe and the 90-second clip: http://go.politicoemail.com/?qs=58b2452cc3d9abbbd1b47b13e3f64e4dec0d23e42544dd291bc3481118c1f18d03b49fa1beeaab29727a71d930904077

KYL SWORN IN -- Jon Kyl was sworn in as Arizona's junior senator on Wednesday, succeeding the late Sen. John McCain (R-Ariz.). "In replacing McCain, a maverick who at times went against his party, Kyl is expected to bring a somewhat more conservative political viewpoint to the Senate," Reuter's Richard Cowan notes. Republicans hold a 51-49 advantage over Democrats and the two independents who caucus with them. Kyl had been helping usher Supreme Court nominee Brett Kavanaugh through the confirmation process before he was appointed to the seat this week. His presence will give Senate Republicans the vote they lacked while McCain was out in the narrowly divided chamber. More:
http://go.politicoemail.com/?qs=58b2452cc3d9abbbb56037196992b4db39eb3375e018f406ae3fb25b2663652efdee3269e312fb7bd59218a9972a4f3a

INHOFE NAMED SASC CHAIRMAN -- Senate Majority Leader Mitch McConnell (R-Ky.) made it official: Sen. Jim Inhofe (R-Okla.) is now chairman of the Armed Services Committee, the panel he has led all year in the absence of Sen. John McCain (R-Ariz.). "During that time, Inhofe wielded significant influence over the annual defense authorization bill process, although he frequently noted that McCain was still acting as the senior committee leader from afar," Defense News' Joe Gould reports. "Inhofe has repeatedly voiced opposition to statutory budget caps, hailed the $716 billion allotted to national defense for 2019, and argued for action to shore up the U.S. military's edge against Russia and
China." Much more: http://go.politicoemail.com/?qs=58b2452cc3d9abbb5505578d34ecefd9045af3e20efc08f8fecd83dcfa2dcf4f80720f24576b666e381996e3ec6ceac0

Worth mentioning: Sens. Marco Rubio (R-Fla.) and Ben Cardin (D-Md.) and Reps. Mike Gallagher (R-Wis.) and Jimmy Panetta (D-Calif.) will introduce resolutions in their respective chambers to support renaming the NATO headquarters after McCain.

INTERN PAY -- House and Senate interns are poised to get paid. According to an aide to Rep. Tim Ryan (D-Ohio), the legislative branch portion of a minibus package is locked. It includes nearly $9 million to pay House interns and $5 million to pay Senate interns. "The Senate funding is included in the accounts that lawmakers use to pay staff salaries, official travel and office expenses," Roll Call's Katherine Tully-McManus writes. "In the House the funds will exist in a newly created account for each member office, according to House Appropriations Committee staff." Most congressional internships are currently unpaid. More: http://go.politicoemail.com/?qs=58b2452cc3d9abbb073740f4801b4973caa807f8613bcd08f41b2ee41312d74da9f3c40ae3e5a453997c59b6b336654c

Related read: "The Intern Who Yelled 'F*ck You' at Trump Does Not Regret It," via Cosmopolitan's Rose Minutaglio: http://go.politicoemail.com/?qs=58b2452cc3d9abbb78e8d0ec86f778056a66a942c27d4683947b92005b35c787eed600eaee5d177193282ce62fa28515

TRANSITIONS -- Teri Geiger is moving to Rep. Troy Balderson's (R-Ohio) office to serve as chief of staff. Geiger previously served as Sen. Rob Portman's (R-Ohio) state director. Kevin Hoggatt, Portman's deputy state director, will replace Geiger as state director.

SPOTTED: Sen. Jim Inhofe (R-Okla.) and Reps. Mike Rogers (R-Ala.), Gary Palmer (R-Ala.), Don Young (R-Alaska) and Claudia Tenney (R-N.Y.) attending a USO service project yesterday morning in the Rayburn foyer, where people were assembling packets for spouses of deployed veterans. Pic

TODAY IN CONGRESS -- The House gavels in at 10 a.m. with first votes expected between 1:15 p.m. and 2:15 p.m. and last votes expected between 4 p.m. and 5 p.m. The Senate meets at 12 p.m. The chamber expects at least one roll call vote around 1:45 p.m.

AROUND THE HILL -- The Senate Judiciary Committee will hold a hearing on Supreme Court nominee Brett Kavanaugh at 9:30 a.m. in 216 Hart.

Congressional Black Caucus Chairman Cedric Richmond (D-La.) and other CBC members will hold a news conference to urge the Senate to reject the nomination of Brett Kavanaugh to be a Supreme Court justice at 10 a.m. in the stakeout area of 216 Hart.

House Speaker Paul Ryan (R-Wis.) will hold his weekly media briefing at 11:30 a.m. in HVC-Studio A.

Senate Democrats will hold a media availability after a closed policy luncheon at 2 p.m. in the Ohio Clock Corridor.

WEDNESDAY'S TRIVIA WINNER -- Bruce Mehlman was first to correctly guess that the last funeral to occur in the House chamber was for Speaker William Bankhead (D-Ala.) in 1940.

TODAY'S TRIVIA -- From Bruce: Over the past 100 years, what percentage of Supreme Court nominees have been confirmed when the Senate majority is the same party as the president? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: nmccaskill@politico.com.

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