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08/23/2018 08:00 AM EDT


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

STILL TOO SOON -- For Democrats, now is still not the time to talk about impeachment. House Democratic leaders warned rank-and-file lawmakers on a conference call Tuesday to avoid the I-word, an issue they fear could backfire on them in the midterms. So as President Donald Trump was being implicated by his former longtime lawyer Michael Cohen's guilty plea earlier this week, Minority Leader Nancy Pelosi's (D-Calif.) leadership team was encouraging Democrats to frame Cohen's plea deal as further evidence of GOP corruption without jumping to impeachment.

"With [75] days to go until the midterm elections, Democratic leaders are adamant that they will not turn Nov. 6 into a litmus test for impeachment -- even though Cohen accused Trump of directing him to break campaign-finance laws to win the presidency," Rachael and Bres report. "Party leaders believe that's the wrong hill to die on and the issue won't register with voters. And most rank-and-file Democrats in both chambers are following that advice." With the House in play, Democrats are reluctant to make Trump seem sympathetic by pushing impeachment as an election issue, which Republicans believe could help turn out their voters.

"It has yet to be proven that this will help us win the majority," one Democratic leadership aide said. "If that changes, the conversation will change. But we still have to win an election to do anything." More: http://go.politicoemail.com/?qs=9731f0e4f5fef82b646a99baaf9d234150ec6626d72619df4cef32e88ce772b4553d7a55627c55ee719885c43451c60c

Related: "In fallout from Trump controversies, Republicans warn Democrats will seek his impeachment. Democratic candidates are avoiding the word," by The Washington Post's Michael Scherer: http://go.politicoemail.com/?qs=d9d8264c90e8dcd66348263ac849c262589cbd678b9e64a8887c95f8c4083814c722f273faced4573e6fac9cae30c066 and "Republicans Urge Embattled Incumbents to Speak Out on Trump," from The New York Times' Jonathan Martin and Nicholas Fandos: http://go.politicoemail.com/?qs=9731f0e4f5fef82be3a0bf7753ffc38e3578eec197b75f06cc7082e4c5752b2ca644cf68b68217a32c6dd09294154d16

DEMS SEEK TO DELAY KAVANAUGH CONFIRMATION -- Senate Democrats began deploying a different strategy, seizing on Cohen's plea to cast the president as a "co-conspirator" and Brett Kavanaugh as a judge whose Supreme Court nomination has been tainted and should be put on hold. Senate Minority Leader Chuck Schumer (D-N.Y.) and Sens. Dianne Feinstein (D-Calif.), Kamala Harris (D-Calif.) and Jeanne Shaheen (D-N.H.) called on Republicans to delay Kavanaugh's confirmation hearings. Meanwhile, Sen. Mazie Hirono (D-Hawaii) canceled her scheduled meeting with Kavanaugh, insisting that Trump doesn't "deserve the courtesy of a meeting with his nominee." Sen. Ed Markey (D-Mass.) also said he wouldn't meet
with the "tainted" nominee, whose nomination "should be considered illegitimate."

The moves generated headlines but had little effect on Republicans, who didn't discuss the ploy at their private lunch Wednesday. A spokesman for the Senate Judiciary Committee said the hearings will begin as planned on Sept. 4, and the White House said Kavanaugh will be present. Sen. John Kennedy (R-La.) told me Cohen's plea deal has nothing to do with Kavanaugh's confirmation. "I just don't see the connection," he said, "and I don't think it's going to have an impact on his confirmation one way or the other." More: http://go.politicoemail.com/?qs=9731f0e4f5fef82bf44cd76c61a1ebcfc651ffc79d6b7d9009c92ba852cc48c76904b7648a673e948823e405b94a97ba

REPUBLICANS SHRUG -- Senate Republicans reacted to the White House's legal woes with a collective shrug. "Though some GOP senators expressed discomfort with the plea deal reached by ... Cohen and the guilty verdict rendered on former Trump campaign chairman Paul Manafort, there has been no seismic shift in the GOP after a bombshell Tuesday," Burgess and I report. "Some Republicans attacked Cohen as not credible, some said Manafort's conviction has nothing to do with Trump and others still said the matter doesn't fall in their purview as senators."

"I'm not sure why that would change my support for the president," Sen. Richard Burr (R-N.C.) said of Tuesday's events. Sens. Ben Sasse (R-Neb.) and Susan Collins (R-Maine) expressed some alarm. But "[m]ost Republicans that may have to run for reelection again were exceedingly cautious on Cohen's assertion, tiptoeing around the matter and insisting they needed to learn more about the topic," we write. "GOP lawmakers generally admit that the last 24 hours haven't been good for the president -- but it was clear most of the GOP still has Trump's back. For now, at least." More: http://go.politicoemail.com/?qs=9731f0e4f5fef82b22098cd0d436a7649c56451d4874b773f2bae33f244b44dc9a908c669f2a4d6bb32477b3d1d1a52d

Related read: "'A new cherry put on top': Trump scandal fallout hangs over midterms," via Natasha Korecki and James Arkin: http://go.politicoemail.com/?qs=9731f0e4f5fef82b52c4daba67b1361e356f7a87985bc8479885df005e76b1131ccabe815598e7e09b6fb20055a026b7

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, Aug. 23.

WEDNESDAY'S MOST CLICKED: Bres and Rachael's report on Rep. Duncan Hunter's (R-Calif.) indictment, which could hand his seat to a Democrat in the midterms, was the winner.

What is it really like for women hitting the campaign trail in 2018? Women Rule's three-part podcast series, entitled "Women Rule: Tracking the candidates," focuses on the gritty realities of running for office. Tune in each Wednesday in August to hear from three women running for office, the challenges and opportunities they face and the lessons other women can take from their campaigns.

PRISON REFORM WON'T COME BEFORE MIDTERMS -- Senate Majority Whip John Cornyn (R-Texas) said the Senate is unlikely to take up a new package of prison and sentencing reforms before the midterms. "I think the sentencing reforms are still controversial and divide Republicans," he said. "I just don't see the wisdom of dividing Republicans on a contentious matter like that before the election." Senate Republicans are likely to focus instead on spending bills and nominations, despite a push from advocates in the White House and outside groups for last-minute action. Advocates are hoping President Donald Trump will endorse the criminal justice package, which faces opposition from Sen. Tom Cotton
(R-Ark.) over federal sentencing guidelines. More: http://go.politicoemail.com/?qs=9731f0e4f5fef82bb149b935a3729de145299abb769f5cee0f8353d48984c08c9e003625d04d8345ea2cd4db3700e03c

ELECTION SECURITY BILL DERAILED -- Republicans pulled support for a bipartisan bill intended to secure U.S. elections against foreign interference. "A dispute over the Secure Elections Act boiled down to whether Congress should compel more states to use paper-based audits -- a safeguard that election integrity advocates say would help ensure vote tallies weren't tampered with or altered," Eric Geller and Martin Matishak explain. "The delay by the Senate Rules Committee angered Senate Democrats who said the bill is critically important for states to have the necessary safeguards in place to protect elections from foreign interference."

A Senate aide said the rules panel postponed the markup after hearing from state election officials who didn't want rigid audit requirements. "In order for a truly bipartisan election security bill to reach the floor, additional majority support is necessary," the aide said. "The postponement follows months of senior Republican and Democrat maneuvering to build up support for the bill, which had garnered the backing from enough lawmakers that it was widely considered to be the best chance for Congress to take action in assisting states in the wake of the Russian-linked hacks and disinformation campaigns that roiled the 2016 presidential race," they write. More:
http://go.politicoemail.com/?qs=9731f0e4f5fef82b2d889cd998875fe2d1cf4766976480cbcaf6680e5344c52473c2345b360e33e3ea259bfc55459f6d

GOP EMBRACES TRUMP'S IMMIGRATION PLATFORM -- Republican leaders believe GOP candidates can win by embracing the president's hardline positions on immigration, which they predict will bolster turnout among Republican voters this fall and minimize the legal woes surrounding Trump. Republican candidates are following the White House's lead in showing public support for ICE, warning about MS-13 and highlighting crimes involving undocumented immigrants. "The aim is to draw a sharp contrast with Democrats over enforcement of border control laws," The Washington Post's David Nakamura and Sean Sullivan report. "Republican strategists view immigration as a deeply emotional issue that motivates the
conservative base, and they have delighted as liberals push Democrats to the left as a reaction to Trump's presidency."

But the strategy poses risks. "In rapidly diversifying swaths of the Mountain West and the Southeastern states like Florida and Georgia, some Republicans also fear the party could do lasting damage to its prospects in national elections if it does not temper its rhetoric," they write. Senate Republicans believe the issue will serve them well in conservative states that are instrumental in maintaining their majority but not so much in suburban districts that could swing control of the House to Democrats. "For a party that has to contend with the burgeoning political scandal surrounding the White House, however, the immigration debate offers Republicans a chance to change the topic," they
add. More: http://go.politicoemail.com/?qs=9731f0e4f5fef82bd1f0e05cc114855396b1b9bbaa2c0759ed76d80a638d658bf3f202241f868f2721fe6fd4bbf856be

Related: "Republican who's broken with Trump on immigration says president may be too generous on DACA," by The Washington Post's David Weigel and Mike DeBonis: http://go.politicoemail.com/?qs=9731f0e4f5fef82b8786da47747358a9db588a301aaacd2a712f3219eab9dc996d2a3654aeefc2ecb4e3d2c1f6b32b39

DEMS DOWN ON WINNING HUNTER'S DISTRICT -- A 47-page indictment detailing allegedly illegal campaign spending of $250,000 over the years would likely fell most candidates. Yet despite Rep. Duncan Hunter's (R-Calif.) indictment, Democrats aren't overly optimistic about winning his San Diego-based district. The Cook Political Report has shifted the seat from "likely Republican" to "lean Republican." Democrats were hoping former Navy SEAL Josh Butner would make the ballot, but voters decided the race will be between Hunter and former Obama administration official Ammar Campa-Najjar, a liberal Democrat who has outraised Hunter by $200,000. More: http://go.politicoemail.com/?qs=9731f0e4f5fef82b9975fb71d4864e4280f61e131cc508fe8de6637a95ddaad7b4af7bbe529621df237a79bc939664ea


Related reads: "San Diego Congressman Duncan Hunter addresses federal indictment in 10News interview," from 10News' Jermaine Ong: http://go.politicoemail.com/?qs=d9d8264c90e8dcd6a0747cfa7a6c5373b303e28da49003aef19e0e5b3316096921c272ba23a509d2eb9a6b891801a8e7 and "Darrell Issa accuses US attorney of 'political misconduct' over Duncan Hunter indictment," via CBS News' Nancy Cordes: http://go.politicoemail.com/?qs=9731f0e4f5fef82b82367f02b1277caeca942888ca1f2dc9673a198f132ae5ae5514a089a570e2135669e238d86a1197

KATKO BACKS MUELLER OVER TRUMP -- Rep. John Katko (R-N.Y.) "took his strongest stand to date against the president's assessment that the Mueller probe is a politically-motivated witch hunt," Syracuse.com's Mark Weiner reports. Katko, a former organized crime prosecutor for DOJ, told the editorial boards of Syracuse.com and The Post-Standard that special counsel Robert Mueller's probe is "not a witch hunt," contradicting the president's refrain. Katko added that he is open to legislation that would protect Mueller but insisted it's unnecessary "at this point." More: http://go.politicoemail.com/?qs=9731f0e4f5fef82b18c561c60093f34f02eaf8085dcbf1ec9ca81d8c9eacfbac12ebbc8d133b57459efe8fb8ce5a73b3

He also said he isn't seeking endorsements from Trump or any member of his administration. Though Vice President Mike Pence raised money for Katko in Syracuse in June and Ivanka Trump hosted an education event in Syracuse with Katko, he said he's "not seeking anyone's endorsement at that level." "I don't really care if they endorse me or not," he added. "I only care that my constituents endorse me with their vote." Katko, who called on Trump to step down after the "Access Hollywood" tape, represents a district Hillary Clinton won in 2016. More: http://go.politicoemail.com/?qs=9731f0e4f5fef82b0ec5ae3c3bd333b61d20a33fa284475e0e08b399b3ac9a92b59edc04c9efdd730e5edcc19c20182e

TRANSITIONS -- Darrell "D.J." Jordan, Sen. James Lankford's (R-Okla.) communications director, is leaving Friday. Jordan is joining The Pinkston Group public relations firm as its newest director. Aly Beley, Lankford's press secretary, will be promoted to communications director.

TODAY IN CONGRESS -- The Senate meets at 9:30 a.m. to resume consideration of HHS assistant secretary for family support nominee Lynn Johnson. At approximately 10:30 a.m., the chamber will hold a procedural vote on a substitute amendment. Additional roll call votes are expected. The House is out.

AROUND THE HILL -- Sens. Dick Durbin (D-Ill.), Sheldon Whitehouse (D-R.I.), Chris Coons (D-Del.), Cory Booker (D-N.J.), Lisa Murkowski (R-Alaska) and Tim Kaine (D-Va.) will each hold individual meetings with Supreme Court nominee Brett Kavanaugh.

Senate Minority Whip Dick Durbin (D-Ill.) will hold a media availability following a meeting with Supreme Court nominee Brett Kavanaugh at 11:30 a.m. in S-324.

Sen. Chris Coons (D-Del.) will hold a media availability following a meeting with Supreme Court nominee Brett Kavanaugh at approximately 2:45 p.m. outside 127-A Russell.

Sen. Elizabeth Warren (D-Mass.) will hold a conference call briefing on the Accountable Capitalism Act, which would establish the obligations of corporations with revenue over $1 billion, beginning at 7:30 p.m. The call-in number is 712-770-4160, and the password is 307379#.

WEDNESDAY'S TRIVIA WINNER -- Kirtan Mehta was first to correctly guess that Helen Herron Taft is the first lady who was instrumental in the planting of more than 3,000 cherry trees around the Tidal Basin and Capitol grounds.

TODAY'S TRIVIA -- From Kirtan: President Bill Clinton awarded this person a posthumous Presidential Medal of Freedom, and on this day 1970, this person led the beginning of the largest farmworker strike in U.S. history. Who is he, and what was the name of that strike? 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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