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09/25/2018 08:00 AM EDT


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

SENATE REPUBLICANS AWAIT THURSDAY HEARING -- The Senate Judiciary Committee could hold a vote on Brett Kavanaugh's Supreme Court nomination this week, setting up a potential floor vote early next week. But first, Kavanaugh, his first accuser and Senate Republicans will have to make it through Thursday. "The GOP is staking Kavanaugh's prospects to his hearing later this week, when he and Christine Blasey Ford will testify publicly about her allegations that Kavanaugh sexually assaulted her in high school more than 30 years ago," Burgess and Bres report. "It's a shift that puts some of the onus on Kavanaugh to convince a growing number of wary senators whether his word is more credible than
hers."

Senate Majority Leader Mitch McConnell (R-Ky.) could hold a floor vote even if Kavanaugh doesn't receive a favorable recommendation in committee. Kavanaugh currently lacks the votes to be confirmed on the floor, but several Senate Republicans say their votes will hinge on Thursday's performances. "That raises the stakes even more," they write. "While Kavanaugh could win over undecided senators with a strong performance, he could also experience more defections if he stumbles." Privately, though, GOP leaders say even a failed vote could pay off by forcing vulnerable red-state senators to choose whether to back Kavanaugh. More: http://go.politicoemail.com/?qs=e66dd2ed50d6beb090dca1106b1e29def014bd0e6c74873f721bef27fa16bee9c6c92a287d47fcf110e694cd1807bf0e

President Donald Trump urged McConnell in a phone call over the weekend to hold a vote on Kavanaugh soon. "Despite their public projections of unity, Trump and his aides behind the scenes see Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa) as having been too accommodating to Christine Blasey Ford ... by delaying her hearing until Thursday," The Washington Post's Philip Rucker, Ashley Parker and Josh Dawsey report. "The president has said that Republicans are too easily manipulated by Democrats, that he is sick of Ford's attorneys getting their way and that he does not believe her accusations are credible, according to a Republican briefed on Trump's private comments." More:
http://go.politicoemail.com/?qs=e66dd2ed50d6beb04436051f5252b25d48fd9e64663631741a7ef61091eae127494fddea87f9a09d32f72b3194e91536

Related: "Kavanaugh tells Senate he won't withdraw," by Bres, Burgess, Eliana Johnson and Natasha Korecki: http://go.politicoemail.com/?qs=892a8be41a7cab867d6fa48601c489fbeab57b855fec5450fc0dd2120a0d15b1eaef1317f07f497191ebf4dc9c573562 and "GOP Rep. Cramer questions whether accusation against Kavanaugh should disqualify him, even if true," from The Washington Post's Sean Sullivan: http://go.politicoemail.com/?qs=e66dd2ed50d6beb0637fee407ab30fdf6d05af5928dc2b55c965055f5712b46d045b3f2ec44d42adb3fb7766234f0235

IN THEIR OWN WORDS -- Kavanaugh ramped up his defense Monday, moving beyond letters and written statements to an on-camera Fox News interview with his wife at his side. "I'm not going anywhere," Kavanaugh said. "I'm not going to let false accusations drive us out of this process." Kavanaugh said he has "never sexually assaulted anyone, in high school or otherwise," and never had "sexual intercourse or anything close to sexual intercourse in high school or for many years thereafter." He conceded that at 18 people may have had too many beers but insisted there was never a time he drank so much he couldn't remember what occurred the night before. More:
http://go.politicoemail.com/?qs=e66dd2ed50d6beb03a3f621e653a932a3f4a3ea2b59ca2b5ee56f85fe75363bf0ef8b55e1cf4ac4aaa19f9c7fbf038cc

Meanwhile, in a Saturday letter to Grassley released Monday, Ford wrote that her reasoning for coming forward this summer was "first and foremost to be a helpful citizen" as the president considered a shortlist of Supreme Court candidates. She expressed a desire "to testify in a fair setting that won't disrupt families and become a media TV show" and acknowledged the death threats and "disconcerting media intrusion" she faces, including at work. "My goal is to return soon to my workplace, once it is deemed safe for me and importantly, for students," she wrote. "While I am frightened, please know, fear will not hold me back from testifying." More:
http://go.politicoemail.com/?qs=e66dd2ed50d6beb00e95965eb38b40820cee9a12753ad7ac19b12998c018bdf5e6739d77971cef2334b50119df84cd60

The Judicial Crisis Network is launching a new national cable and digital ad backing Kavanaugh. It will air on Fox and MSNBC. The ad: http://go.politicoemail.com/?qs=e66dd2ed50d6beb0ebd6e78914cb83732d384c9df670ea7467aed4ca05a72892afa7c79870c7d31d8a5b58c17dfb3ff9

Related reads: "Kavanaugh's wife tests standing by your man in the #MeToo era," via Annie Karni: http://go.politicoemail.com/?qs=892a8be41a7cab860846eef0e40269d4a8d4a8ac7980884b5608b076de7d3e7fb0e410fd90871184723de7fa61598b0d and "Kavanaugh's Yearbook Page Is 'Horrible, Hurtful' to a Woman It Named," per The New York Times' Kate Kelly and David Enrich: http://go.politicoemail.com/?qs=892a8be41a7cab86e9118a8d05ff37466d3a766a997419fa41e283353205848ba3b62c8bce52b78a07180b4bdc9c118f

DEMS BELIEVE SECOND ACCUSER -- Senate Democrats who have rallied behind Ford say they believe the accusations from a second woman, Deborah Ramirez, are also credible, despite her own uncertainty surrounding her memory of the night she alleges Kavanaugh exposed himself. "While most Democrats are taking Ramirez's allegation seriously -- if not to the extent they're publicly backing Ford -- they're stopping far short of giving the same treatment to a third, undisclosed woman linked to the nominee and represented by celebrity lawyer Michael Avenatti," Elana and Rachael write. "Democratic senators are treading lightly on the claims."

"You know I never have no comment," Sen. Brian Schatz (D-Hawaii) said, "but I have no comment about Michael Avenatti." Sen. Elizabeth Warren (D-Mass.) added that there isn't much "anyone can do with that" absent more information. And Sen. Mazie Hirono (D-Hawaii) said she hasn't had any contact with Avenatti but advised, "If he has something to introduce, he should do it now." "Avenatti has tweeted screenshots of his communications with Grassley's staff about his still-anonymous client, which the GOP initiated minutes after the lawyer posted his first declaration that he represents 'a woman with credible information regarding Judge Kavanaugh and Mark Judge,'" they note. More:
http://go.politicoemail.com/?qs=892a8be41a7cab86dde9ffbc29efbe2cb98833fe9253aa233390ba7389db8c61ca704011b1233e596bfca3711cbcf05c

Related: "White House, GOP point to Democratic 'resistance' behind Kavanaugh 'smear,'" by Christopher Cadelago and Andrew Restuccia: http://go.politicoemail.com/?qs=892a8be41a7cab8608b8d25b33f9582a0e5f06d82818716aa1b4e8078b22c8db7ceed31c8c80504e3bad7884b29010f3 and "Avenatti stars in 'avenging angel' role," from Natasha Korecki: http://go.politicoemail.com/?qs=892a8be41a7cab864bf9d284725fc165da5ce3759b170ce05d07b42ad210da1513e4461f648881c0f1b228454d778f76

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Tuesday, Sept. 25.

** A message from the Free & Fair Markets Initiative: Amazon should tell Congress what they are doing with the stockpiles of sensitive data they have on you. The Cambridge Analytica scandal rightfully set off a wave of scrutiny regarding data privacy, but the potential for further exploitation extends far beyond Google, Facebook and Twitter. Read our memo at http://go.politicoemail.com/?qs=892a8be41a7cab869263ca4df95926a335460ada0d1c2524246e23ce5a801b990ff72c30372b062c1c4c0f23d895557b **

MONDAY'S MOST CLICKED: The New Yorker's report on the second woman accusing Supreme Court nominee Brett Kavanaugh of sexual misconduct decades ago was the winner.

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EVERYTOWN INVESTS IN HOUSE DISTRICTS -- Everytown for Gun Safety is launching a $5 million digital ad campaign targeting 15 House races. "The pro-gun control group announced plans to target House districts embedded in suburban communities outside of cities like Atlanta, Kansas City, Miami and Minneapolis," Elena Schneider reports. "The 15 districts are all featured on the Democratic Congressional Campaign Committee's 'Red to Blue' target list, a program that denotes top-tier races." Targeted GOP incumbents include Reps. Dana Rohrabacher (R-Calif.), Mike Coffman (R-Colo.), Karen Handel (R-Ga.), Kevin Yoder (R-Kan.), Erik Paulsen (R-Minn.), Mike Bishop (R-Mich.), Tom MacArthur (R-N.J.) and
Barbara Comstock (R-Va.). More: http://go.politicoemail.com/?qs=892a8be41a7cab86c2eff5dce6c684196585372381c5a865d0e9f8321031d837f6fa30285c4b663d31a1bec49620af6d

PARTING GIFTS -- Many vulnerable House Republicans will leave this week with more than just six weeks to campaign before Election Day. "As the House prepares to wrap up its fall legislative business this week before going on recess for the duration of the midterm campaign season, half of the vulnerable Republican incumbents will be leaving with parting gifts," Roll Call's Lindsey McPherson writes. "Those gifts come in the form of floor votes on bills they have authored. By the end of the week, 28 of the 57 House Republicans whose seats are considered in play this cycle ... are set to go home with the chamber having voted this month on at least one of their bills." More:
http://go.politicoemail.com/?qs=892a8be41a7cab862dec29fd1b202bd432488208cc3e71e9fed58a3396bf9d17c1e70700a23e08c16f1cb8d4560b96d4

REPUBLICANS RELUCTANT TO SPEAK ON ROSENSTEIN -- Deputy Attorney General Rod Rosenstein had a long day. Conflicting reports said he would either resign or be fired. Yet today, he is still Attorney General Jeff Sessions' No. 2. Most Capitol Hill Republicans had little to say as the confusion played out in real time. "President Donald Trump's top allies, who have long excoriated Rosenstein's handling of the Mueller investigation and accused him of obstructing their efforts to scrutinize it, remained silent even as Rosenstein appeared headed for an untimely ouster early in the day," Kyle reports.

"The drama followed a Friday report in The New York Times suggesting that in 2017, shortly after Trump fired FBI Director James Comey, Rosenstein proposed secretly recording Trump and discussed gathering support to remove Trump from office using the 25th Amendment," he adds. "Rosenstein and his allies have rejected those allegations as inaccurate." Sen. Susan Collins (R-Maine) was one of the few Republicans to weigh in when she expressed concern over the developments. Democrats, meanwhile, were quick to comment, demanding congressional protections for special counsel Robert Mueller. More: http://go.politicoemail.com/?qs=892a8be41a7cab86afe29c29781901da5e77a6a01e162dff78e8c27288b4f0a5276720cb7cbe264fff4f7273c43334f7

Republicans for the Rule of Law is calling on Congress to vote on the Special Counsel Independence and Integrity Act. The group is running an ad Wednesday during "Fox and Friends" and "Morning Joe." The 30-second spot: http://go.politicoemail.com/?qs=892a8be41a7cab866f6fc882f1f9e295a157bfbd3c0ac248e6d2104c2eae2d89c1694614d61b8ecca2400e56610468cb

Related reads: "Rosenstein's future uncertain ahead of meeting with Trump," from Kyle, Darren Samuelsohn and Josh Gerstein: http://go.politicoemail.com/?qs=892a8be41a7cab86c4009cb5e1aa396c87800e3dd20846232d0defee6c97541577ccb8ce5cd5cd850a455d3dda5d1bb6 and "What Rosenstein's ouster would mean for Mueller," via Darren Samuelsohn and Josh Gerstein: http://go.politicoemail.com/?qs=892a8be41a7cab86a8955a2aedfa0a95e4954b60052f91417aa589e17db45979a69711a9c4ceff79d87b1498c4693fa0

SINEMA'S EVOLUTION -- In the early 2000s, Kyrsten Sinema (D-Ariz.) was a Ralph Nader supporter and local Green Party spokeswoman who wanted to repeal the death penalty and organized anti-war protests after 9/11. Now the Democratic nominee for a key Senate race in Arizona, "Ms. Sinema is campaigning as an altogether different person," The New York Times' Jonathan Martin notes. Sinema is running on her past as a homeless child as much as any issue. "This emphasis on her life story has had a dual effect," Martin writes. "It has highlighted her lack of a strong political identity and it has drawn scrutiny to her story of homelessness and some contradictory elements in it." Much more:
http://go.politicoemail.com/?qs=892a8be41a7cab86dc9e6e8d51cc8b185f13ddcccb0023db07e3625686cc0f61d39501c9fa2adeb80cd0b2b5ed70ec1c

CONGRESSIONAL HOOPS -- Members of Congress and staffers will take on lobbyists tonight in a double-header for the 20th Annual Hoops for Youth Foundation Charity Basketball Game. Staffers will play lobbyists at 6:30 p.m., and members will play lobbyists at 7:30 p.m. Both games are at the George Washington University Smith Center. So far, the event has raised more than $2.5 million for the Hoops for Youth Foundation Charity benefiting Washington, D.C.'s inner-city kids.

Members on tonight's roster: House Majority Leader Kevin McCarthy (R-Calif.), House Majority Whip Steve Scalise (R-La.), Reps. Jeff Denham (R-Calif.), Cedric Richmond (D-La.), Conor Lamb (D-Pa.), Carlos Curbelo (R-Fla.), David Valadao (R-Calif.), James Comer (R-Ky.), Ryan Costello (R-Pa.), John Moolenaar (R-Mich.), Mike Bishop (R-Mich.), Brad Wenstrup (R-Ohio), Will Hurd (R-Texas), Darin LaHood (R-Ill.), Roger Marshall (R-Kan.) and Ralph Norman (R-S.C.) and Sens. Ted Cruz (R-Texas) and Tim Scott (R-S.C.).

TODAY IN CONGRESS -- The House gavels in at 12 p.m. with votes postponed until 6:30 p.m. Today's agenda: http://go.politicoemail.com/?qs=892a8be41a7cab86ec9e04bf6e6522640f6607702e739d9b0bcda346be000ce696281a089c9894ab51e60e115343f5e0 The Senate meets at 10 a.m. to resume consideration of Peter A. Feldman to be a commissioner of the Consumer Product Safety Commission. At 2:15 p.m., the chamber will hold two roll call votes on Feldman's nomination. Today's agenda: http://go.politicoemail.com/?qs=892a8be41a7cab862530a9e49f0347bf79aad7b779f7e726c353b77909ad4dd988c6c5c17cfc2bc279a32510e66f4124

AROUND THE HILL -- Rep. Bobby Scott (D-Va.) will participate in a news conference with the American Planning Association to celebrate the APA's "Great American Cities" designations, which recognize "great streets, public spaces and neighborhoods," at 9:30 a.m. in the House Triangle.

House Minority Whip Steny Hoyer (D-Md.) will hold his weekly pen and pad briefing at 11 a.m. in H-144.

Senate Republican and Democratic leaders will hold separate news conferences after their weekly policy lunches starting around 2 p.m. in the Ohio Clock Corridor.

House Armed Services Committee Chairman Mac Thornberry (R-Texas) will hold an off-camera media gaggle at 2:15 p.m. in 2117 Rayburn.

Sens. Ron Wyden (D-Ore.) and Ben Cardin (D-Md.) and Reps. Marc Veasey (D-Texas), John Lewis (D-Ga.), Joaquin Castro (D-Texas), Judy Chu (D-Calif.) and Terri Sewell (D-Ala.) will hold a news conference with voting rights champions to highlight National Voter Registration Day and urge every American to get registered and exercise their right to vote at 3:15 p.m. in 215 Dirksen.

Reps. Jeff Denham (R-Calif.), Alcee Hastings (D-Fla.), Rodney Davis (R-Ill.), Bob Goodlatte (R-Va.), Marcy Kaptur (D-Ohio), Dan Newhouse (R-Wash.) and Rob Woodall (R-Ga.) will hold an event to release more than 50 monarch butterflies on the Capitol grounds to bring awareness to the declining monarch population and what Americans can do to help at 6:30 p.m. in the House Triangle.

MONDAY'S TRIVIA WINNER -- Christina Radio was first to correctly guess that the average age of members of the House and Senate is 58 and 62, respectively.

TODAY'S TRIVIA -- Who was the last dean of the House to simultaneously serve as House speaker? 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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Amazon is the prime example of a company stockpiling consumer data with hardly any oversight or accountability. Read our memo at http://go.politicoemail.com/?qs=892a8be41a7cab869263ca4df95926a335460ada0d1c2524246e23ce5a801b990ff72c30372b062c1c4c0f23d895557b **

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