EMAIL DETAILS

05/11/2017 08:01 AM EDT


By Heather Caygle (hcaygle@politico.com or @heatherscope)

ACTING FBI DIRECTOR IN THE HOT SEAT TODAY - Acting FBI Director Andrew McCabe will testify before the Senate Intelligence Committee today, taking the place of James Comey, who was scheduled to appear in front of the panel before being fired by President Donald Trump Tuesday. Director of National Intelligence Dan Coats, CIA Director Mike Pompeo and NSA Director Mike Rogers are also scheduled to testify at the 10 a.m. hearing, which focuses on worldwide threats.

But the Intel panel still wants to hear from Comey, extending a bipartisan invitation to him to testify next Tuesday in a closed-door session. Senate Intel Chairman Richard Burr insisted Wednesday that his committee was still capable of handling its Russia probe but admitted Comey's firing would create headaches for the investigation, Austin reports.

GOP DISMISSES CALLS FOR SPECIAL PROSECUTOR - Both Burr and Senate Majority Leader Mitch McConnell (R-Ky.) forcefully rejected Democratic demands for a special prosecutor to take over the Russia investigation, saying it would only hamper the current congressional probes. That didn't stop Sen. Mark Warner (D-Va.), ranking member on the Intel panel, from shifting away from his past position and joining other Democrats to demand a special prosecutor intervene. Burgess, Austin and SMK with more: http://go.politicoemail.com/?qs=4520f75bda635d07ca6d8548f938366808b71f6dea02d3f76bfe14be59b696432ac7a40847fbd0e194e7988ec3fd2d6d

Next stop: Possible partisan brawl - Now some Democrats say the confirmation of Comey's successor should be put on pause until Republicans agree to their calls for a special prosecutor. "Senate Democrats wield little leverage to block Comey's replacement from being confirmed," SMK and Elana report. "But past FBI directors have earned essentially unanimous support from the Senate, steering the confirmation fight into uncharted waters if it turns into full-fledged partisan combat." More: http://go.politicoemail.com/?qs=4520f75bda635d071584ed6b81c9f9bf3dee86fc6bcb1d358ea81e5eec2689d5e3265e65aa4b3453c9cc4f1b95749026

Related: 11 possible contenders to replace Comey, via Josh Gerstein: http://go.politicoemail.com/?qs=4520f75bda635d076f93f8a083b3ec501d42bed8002a59ad2fdf52a224f0c99163105ad2b3bfee48e5e7621caeba8c09

DRIP, DRIP, DRIP - Comey was fired just days after going to Deputy Attorney General Rod Rosenstein to ask for more resources for the FBI's investigation into Trump campaign ties to Russia, the New York Times reports. Burr and Warner learned of Comey's request Monday. The Intel panel leaders had requested the meeting with Comey to ask the FBI to speed up its probe so they too could accelerate their investigation. Matthew Rosenberg and Matt Apuzzo: http://go.politicoemail.com/?qs=4520f75bda635d072cd9d8759173d958c57d9cc218ce3cf8735e6f3ce2ad53705b10a8fb3c72f97d5e4635ee01329ee0

-Rosenstein, whom Trump had ordered to make a case against Comey in writing after already deciding to fire the FBI director, threatened to resign after the White House cast the deputy AG as the primary driver of the decision to dismiss Comey, the Washington Post reports. Philip Rucker, Ashley Parker, Sari Horwitz and Robert Costa: http://go.politicoemail.com/?qs=4520f75bda635d07124112800b6bb0291fc4509e698db28a943c80150879106128fadf1abdf248a2be2e41d5864bdb44

-"Comey started receiving daily instead of weekly updates on the investigation, beginning at least three weeks ago," Shane Harris and Carol Lee report in the Wall Street Journal. "Mr. Comey was concerned by information showing possible evidence of collusion, according to these people."

House Oversight Committee Chairman Jason Chaffetz has asked Justice Department inspectors looking into the FBI's behavior in the run up to the 2016 election to expand their probe to include the situation surrounding Comey's firing. Bianca Padró Ocasio: http://go.politicoemail.com/?qs=4520f75bda635d07735c125498639a752ea1ba2ccf9b00adbb6f25e73d2fd9895a90b216d3b256f4d6e18ba0dbb2586a

RYAN BREAKS HIS SILENCE - After more than 24 hours without so much as a public statement, Speaker Paul Ryan (R-Wis.) broke his silence, defending the president for abruptly dismissing Comey. Ryan told Fox News' Bret Baier that Trump's decision was justified because Comey had lost the confidence of the president, lawmakers and senior DOJ officials, Rachael reports.

House Majority Leader Kevin McCarthy (R-Calif.) also signaled his support for the president during a Playbook interview Wednesday evening. "I would argue that Comey made the FBI political," McCarthy said. "For the good of the FBI and the country, it's probably a good decision. So let's move on." Cristiano Lima: http://go.politicoemail.com/?qs=4520f75bda635d0744ca84611f210d66de8dad45c2ea0d328f945879f2c51e63e629d8b26dccb5ca614bdbae14869518

SENATE INTEL SUBPOENAS FLYNN - Leaders of the Senate Intel Committee subpoenaed any Russia-related documents from former National Security Adviser Michael Flynn Wednesday after his attorneys told the panel he wouldn't cooperate without first being guaranteed immunity. Ali Watkins with the story: http://go.politicoemail.com/?qs=4520f75bda635d079169dca1e1e884a8cb51d420249ac715fbe5f0b3183a44437f374bb6fab86a26f2b4e9e813192dd6

YOU'RE TUNING IN THIS THURSDAY, MAY 11. Thanks for reading POLITICO's Huddle, the play-by-play guide to all things Capitol Hill.

WEDNESDAY'S MOST CLICKED: Burgess' story about Ted Cruz being the Senate GOP's Obamacare repeal lynchpin was the big winner.

DEMS: TRUMP ON 'PATH' TO IMPEACHMENT - The decision by Trump to fire Comey just brings the president that much closer to being impeached, House Democrats said Wednesday. "We should maybe have an impeachment clock. And if we had one, I think yesterday moved us about an hour closer to having that need," said Wisconsin Rep. Mark Pocan. "We are certainly moving down that path," Arizona Rep. Ruben Gallego added.

'Adopt-a-District': Pocan and Gallego are working with the Progressive Change Campaign Committee and Indivisible on a campaign that helps voters in Republican districts organize town halls with nearby Democratic lawmakers if their GOP representatives decline to hold public events. Gallego recently visited GOP Rep. Martha McSally's district and Pocan will hold a town hall in Speaker Ryan's neighboring district Friday.

Later Wednesday, the House GOP's campaign arm sent out a fundraising pitch based on Democrats' impeachment comments. "It's not unusual for parties to send out fundraising appeals that invoke political extremes to grab the attention of grass-roots donors," Alex Isenstadt reports. "But the email left some senior Republican strategists scratching their heads, particularly at such a vulnerable time for the besieged White House." http://go.politicoemail.com/?qs=4520f75bda635d0700d16c38a094dc1bb1b1e3e4b2ac6eb866f0a5d2e1d2ecc67b9a4d3cb858b5f404e1db60c83739a5

GOP SCRAMBLES TO KEEP AGENDA ON TRACK - Speaker Ryan was in Ohio Wednesday, touring a factory and trying to talk up tax reform. Instead, he was met with repeated questions from reporters about Comey's firing. Cue a similar scene in the Senate Wednesday as GOP leaders struggled to quarantine the Comey fallout and keep their agenda on track. "The scrums of reporters haranguing senators over Comey reached new highs on Wednesday, creating unwieldy crowds and exasperated senators who kept getting asked the same question," Burgess and Rachael report. "But inside the GOP lunch, the discussion was almost entirely related to repealing Obamacare, a topic that's difficult enough for Republicans to
tackle, senators said." More: http://go.politicoemail.com/?qs=4520f75bda635d07eff40b63b79d36dc88a9009a78b1e8e743d0323027f97784c220b5e454434c20e3edc9f3846e169d

WHATCHA TALKIN' BOUT? House Republicans cheered their vote to repeal Obamacare last week in a grand way-heading to the White House Rose Garden for the type of celebration normally reserved for a bill being signed into law, not legislation that only passed one house of Congress. But back home in their districts this week, it seems they've forgotten how to talk about their plan.

"In interviews and at town halls packed with pro-Obamacare protesters, Republicans have struggled to explain the plan they just approved," Kyle reports. "Lawmakers are telling audiences conflicting things about how the bill would affect consumers. Others slammed a process they actively participated in or admitted they hadn't read the entire bill before voting on it." More: http://go.politicoemail.com/?qs=4520f75bda635d0702e4667a78271dc2f255a958a975a8b0e8d8d503656172f12f29edc0f581cd5237fbc090f57861ef

Related: MacArthur besieged by criticism during marathon town hall - "At his Wednesday night town hall, Rep. Tom MacArthur, one of the chief architects of the revamped GOP Obamacare replacement plan, was called a liar," Ryan Hutchins and Katie Jennings reports. "For nearly five hours, MacArthur faced an onslaught as he spoke here at a community center in the bluest town in this South Jersey-based swing district." Much more: http://go.politicoemail.com/?qs=4520f75bda635d07ebdb3663d40a9a75b5d8a6d769bbefe3483413fba5e33dd26e74ba4acc5dadc4198a83e1e6ddb5a1

LePAGE PASSES ON SENATE RUN - Controversial Maine Gov. Paul LePage won't challenge Sen. Angus King next year, an independent who caucuses with Democrats, one of the governor's top political advisers confirmed Wednesday. Daniel Strauss reports: http://go.politicoemail.com/?qs=4520f75bda635d079b518f8574872de04e4661d0a33f0bed5c62ddb38edd440d4759df24984b334253e74cef204a2bb8

WHAT HOUSE DEMOCRATS ARE READING - "Democrats hold a 16-point lead over Republicans in a generic House ballot, according to a poll released on Wednesday," the Hill's Mallory Shelbourne reports. "The Quinnipiac University Poll found that 54 percent of respondents said they would like to see the Democrats control the House of Representatives, while 38 percent said the Republicans. ...The same poll also found that President Trump's job approval rating has dipped to a near-record low of 36 percent." More: http://go.politicoemail.com/?qs=4520f75bda635d076c31eb11f6ca42fdc40cc7946b6bb01e74828ba9580d0d402b2d663893bf0756ce2a8a01730114ff

TODAY IN CONGRESS - The Senate meets at 10 a.m. with a procedural vote on U.S. Trade Representative nominee Robert Lighthizer at 11 a.m. GOP Sens. Ben Sasse (Neb.) and John McCain (Ariz.) announced their opposition to Lighthizer Wednesday. The House meets in a pro forma session at 2 p.m. but no business will be conducted.

AROUND THE HILL - Sens. Patty Murray (D-Wash.), Debbie Stabenow (D-Mich.), Kirsten Gillibrand (D-N.Y.), Mazie Hirono (D-Hawaii) and Maggie Hassan (D-N.H.) hold a press conference on the GOP Obamacare repeal's potential impact on women and children starting at 3 p.m. in S-115.

OFF THE HILL - Sen. Chris Coons (D-Del.) will discuss war and famine in South Sudan at the U.S. Institute of Peace (2301 Constitution Avenue NW) starting at 9:30 a.m.

WEDNESDAY'S TRIVIA WINNER - Nayab Mahmood was the first to guess that William Sessions - father of Texas Rep. Pete Sessions - was the last FBI director fired by the president. Sessions was fired by President Bill Clinton after accusations he improperly used FBI resources for personal benefit.

"Texas GOP Rep. Pete Sessions of Dallas, whose father was the last FBI director ousted by a president, said Wednesday that James Comey should have been allowed 'to exit in a more gracious way,'" reports the Dallas Morning News.

TODAY'S TRIVIA - Nayab with today's question: What was the name of the presidential residence when the White House was burned during the War of 1812? Who lived there, and how much was paid in rent for the stay? The first person to correctly answer gets a shout out in tomorrow's Huddle. And don't forget, send suggestions for trivia questions my way: hcaygle@politico.com

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