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01/03/2019 08:09 AM EDT

By NOLAN D. MCCASKILL (nmccaskill@politico.com; @NolanDMcCaskill)


PELOSI TO MAKE HISTORY RECLAIMING GAVEL -- Nancy Pelosi (D-Calif.) will be elected speaker today, making her the first person since Sam Rayburn to wield the speaker's gavel after losing it. "But Pelosi will also tie Rayburn on another front by becoming the oldest person ever elected speaker and the oldest to hold the post, a testament to both her staying power and the fact that her return engagement to the speakership will be limited," Bres, Heather and Rachael write. "Unlike her original go-round as speaker from 2007 to 2011, when the California Democrat was at her most powerful, Pelosi will face a whole new set of challenges during the 116th Congress."

Those challenges include an unpredictable President Donald Trump, a fractious Democratic caucus full of upstart progressives, an experienced adversary in Senate Majority Leader Mitch McConnell (R-Ky.) and a self-imposed four-year limit on her reign. "All that, however, shouldn't diminish the scale of what Pelosi has done," they add. She survived a 63-seat wipeout in the 2010 tea party wave, withstood moderate candidates and incumbents who opposed her on the campaign trail this past cycle and won over enough critics who had threatened to oppose her for speaker to win back the gavel. More: http://go.politicoemail.com/?qs=b2b25dd3e93660002db3da73a3ca7468a439599115a533265078a52d34a7adbf1bf0ef35f26e20c8b740fd68c61c3fdf

"When our new members take the oath, our Congress will be refreshed, and our democracy will be strengthened by the optimism, idealism and patriotism of this transformative freshman class," Pelosi will say, according to excerpts of her speech. "Working together, we will redeem the promise of the American dream for every family, advancing progress for every community." The full excerpts: http://go.politicoemail.com/?qs=b2b25dd3e9366000c2e1448640947c36a7cbb9bbe4b12d95e9df411aad26e721829f6cb7f43e1d8e22a3b236b4dad26f

Related: "Pelosi fills role as Trump's sparring partner, respecting the office but not the man," by The Washington Post's Mike DeBonis: http://go.politicoemail.com/?qs=b2b25dd3e93660005c646a17e390a930b775727346e7e91bc0c8b063f81b921e4a39b1040f46e2ac89f12d24a8374275 and "Nancy Pelosi, Icon of Female Power, Will Reclaim Role as Speaker and Seal a Place in History," from The New York Times' Sheryl Gay Stolberg: http://go.politicoemail.com/?qs=b2b25dd3e9366000ca7a314a7d682e075d679e1a17962591f06562e3ac3e6f48521f55ba6db35199813e0bbfde33f6bb

PELOSI ON IMPEACHMENT -- It's still too soon for Democrats to talk about impeachment, Pelosi told NBC's "Today," but there is "an open discussion" about whether Trump can be indicted while in office. "Everything indicates that a president can be indicted after he is no longer president of the United States," Pelosi told Savannah Guthrie. She cautioned, however, that Democrats should wait and see what happens with special counsel Robert Mueller's investigation. "We shouldn't be impeaching for a political reason and we shouldn't avoid impeachment for a political reason," she said. More: http://go.politicoemail.com/?qs=b2b25dd3e9366000e20c95a6bfe22952cc67a4fbbae1bc85aa9c144d2edc508972d0e643ac9c547523ce276227ad80d6

SHUTDOWN STALEMATE CONTINUES -- The president and Democrats remain at a standstill over government funding. Democratic leaders went into a Wednesday White House meeting with Trump and GOP leaders with low expectations. They left with no tangible progress on the impasse, which is now in its 13th day. "Minutes after the meeting began, the Trump administration's attempt to lecture Democrats on border security issues dissolved into a raucous finger-pointing match that made clear that a partial shutdown would drag into a third weekend," Sarah and Burgess report. "With no resolution reached, Trump invited the group to meet again Friday."

House Democrats plan to pass a package of two bills to end the shutdown, reopening all government agencies except for the Department of Homeland Security with funding through Sept. 30. DHS funding would be extended through Feb. 8, but there is no new money for Trump's border wall. Senate Majority Leader Mitch McConnell (R-Ky.), however, made clear his chamber won't take up something the president won't sign. Attendees say leaders didn't seriously discuss any new proposals to end the shutdown. Senate Minority Leader Chuck Schumer (D-N.Y.) asked Trump repeatedly why he wouldn't back opening areas of the government that have nothing to do with the immigration impasse. "I would be foolish if I
did that," Trump told him. More: http://go.politicoemail.com/?qs=b2b25dd3e936600082edeca859e71bec8c83965a01ac457fae1f524c1fc3cbd4eb2e5ff8eb6f495e3f70cdf33b1340b7

Related read: "Shutdown halts E-Verify checks," via The Hill's Scott Wong: http://go.politicoemail.com/?qs=b2b25dd3e9366000b65a53b2b4fce4dd5dceecafcbc9622a7e7c48973bce5d4db019f4471ca568db1f81a811be23ba72

GOOD MORNING! Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, Jan. 3.

WEDNESDAY MOST CLICKED: House Democrats' new rules package was by far the big winner.

** A message from Part B Access for Seniors and Physicians Coalition: Hundreds of patient, provider and health care stakeholders agree the Administration's proposed mandatory experiment on seniors' health care is potentially dangerous for Medicare patients in need of Part B drugs. This experiment should be replaced with reforms that embrace competition, foster the provider-patient relationship and value innovation. Learn more. **

THE NEW MAJORITY -- The election is over, and the transition from one Congress to the next will soon be, too. But for Democrats, now comes the hard part. "[T]he new majority will immediately begin pushing both an ambitious legislative agenda and an aggressive oversight campaign of Donald Trump's presidency," Rachael and Heather write. "But the potential for Democratic infighting also looms large." After all, there's vast disagreement inside the caucus about how far left the party should lean on issues ranging from health care to climate change to impeachment. "How Democrats ultimately decide to wield their power will help determine whether they can take out Trump in 2020 -- and hold onto
their majority," they add. Much more: http://go.politicoemail.com/?qs=b2b25dd3e93660002d07ea8f9aa30fca0ef69e6acf81d14cca83fc9555eb3156e21154d9b61c8e29688fff65486cf48b

Democrats plan to start the year focusing on where there's agreement: anti-corruption, campaign finance, bolstering Obamacare and protecting people with pre-existing conditions. But some feuding has already begun. "Two leading progressive lawmakers on Wednesday vowed to oppose a rules package they believe will inhibit votes on key liberal priorities, including Medicare-for-All," Rachael and Heather note. Rep. Ro Khanna (D-Calif.) and Rep.-elect Alexandria Ocasio-Cortez (D-N.Y.) tweeted opposition to a budget provision in the rules package. "But leaders of the Congressional Progressive Caucus moved quickly to squelch the potential rebellion on Wednesday afternoon, releasing a statement
declaring they will support the rules package in spite of the pay-go provisions." More: http://go.politicoemail.com/?qs=b2b25dd3e93660002691e84239c16ef54dc3fb99be5b8421def5ebfdb2e6287950e0ae54f4468739abd1ac3d72002e8c

REACHING ACROSS THE AISLE -- Rep. Tom Reed (R-N.Y.) intends to vote for House Democrats' rules package, which is usually a party-line vote. The package includes some changes Reed had pushed as co-chair of the bipartisan Problem Solvers Caucus, but he said he could face "consequences" from GOP leaders for voting with Democrats. Reed wouldn't elaborate but was hopeful Republican leadership would reconsider. "I recognize that some people want to continue to play us-versus-them politics, but I came to Washington to change it, and I'm willing to put my voting card where my mouth is," said Reed, who added that other Republicans may join him in backing Democrats' rules package. More:
http://go.politicoemail.com/?qs=b2b25dd3e9366000e075b1c1e7bf3a393099e60c0ad255b6ebf92bbea7c8fbc36707f2d9cfca22d9b11182cfabf062c4

TRUMP TEAM SUSPICIOUS OF ROMNEY -- White House aides took Sen.-elect Mitt Romney's (R-Utah) scathing op-ed as possible positioning for a primary run against Trump in 2020. Romney told CNN on Wednesday that he isn't running and hasn't decided whether he will endorse Trump's reelection or support an alternative. But Trump aides believe Romney "was seeking to define himself as the new leader of the Never Trump movement," Alex Isenstadt reports. "They noted that Romney had taken steps in recent weeks to reactivate the national fundraising network he'd established in his 2012 presidential bid."

"Behind the scenes, Romney was torn over whether to publish the op-ed," he continues. "In discussions with his tight inner circle of aides, many of whom have been with him since his 2012 presidential bid, the incoming senator weighed the pros and cons of going after the president so aggressively prior to his swearing in. He was well aware that the op-ed would ignite a media firestorm and that it would be seen as a key moment in his early Senate career, something he would be asked about repeatedly in the halls of the Capitol." More: http://go.politicoemail.com/?qs=b2b25dd3e9366000848256b0494da144a9c16bbd31c1a04214f6e4de7908216ba7056f351a21c0a56e3da802eda8ca92

Related: "Romney says he won't run against Trump in 2020," by Caitlin Oprysko: http://go.politicoemail.com/?qs=b2b25dd3e9366000ea4bf2a6282e2f9a090ff7183a8c234af2e52e4c1d7be1e2c5fe7d7e2cfba860b3d6647604f0b395 and "Rand Paul rips Romney for criticizing Trump," from Burgess: http://go.politicoemail.com/?qs=b2b25dd3e93660001e05f6743b635f07bb3f788286e54c1cdbeb825df72cf8ede41d4f4e240a98b670cfba1061c665dd

JUDICIAL NOMINEES FACE SETBACK -- Dozens of the president's judicial nominees are in limbo after Mitch McConnell (R-Ky.) and Chuck Schumer (D-N.Y.) failed to reach an agreement on a way to move forward at the close of the 115th Congress. "The pending judicial nominations will be sent back to the White House, where a majority of them are expected to be re-nominated in the coming days," Marianne explains. "Following their re-nomination, the Senate Judiciary Committee is likely to hold a marathon session in the next few weeks for the nominees who were pending on the Senate floor or waiting for a committee vote."

Thirty-one of the 70 nominees were pending on the Senate floor, and 21 were awaiting a committee vote at the end of the session. "Republicans had tried to move forward on the pending nominations, but the government shutdown combined with Sen. Jeff Flake's vow to block all judicial nominees until Senate leadership brought legislation to protect special counsel Robert Mueller to the floor doomed the process," she adds. "The Senate's last federal judge confirmation was on Dec. 11, when it voted to confirm Jonathan Kobe to the 8th Circuit." Sen. Lindsey Graham (R-S.C.) will take over the judiciary panel, which was previously chaired by Sen. Chuck Grassley (R-Iowa). More:
http://go.politicoemail.com/?qs=b2b25dd3e9366000e45fe4fc6be9046b5436664b741a3e0c9f07b4dcb4ac29c846589a42472e794c4a060916339e12a5

Related read: "Senate Judiciary panel sets January date for Barr confirmation hearings," per Marianne: http://go.politicoemail.com/?qs=b2b25dd3e9366000328cfed69dcf9dcc9c3eae3235be3b290fbf6ef4356bef5699eb257de3a4b0b05e28de6da2ade273

NO RUSH FOR TRUMP'S TAXES -- Incoming House Ways and Means Committee Chairman Richard Neal (D-Mass.) won't immediately pursue the president's tax returns. "He wants to lay out a case about why presidents should be disclosing their tax returns before he formally forces him to do it," according to his spokesman, Dan Rubin. Neal is expected to wait until at least February "before tapping an obscure law that allows the heads of Congress' tax committees to examine anyone's returns," Brian Faler reports. "The Massachusetts Democrat hopes to focus public attention on the issue with the first bill House Democrats plan to take up. It includes provisions that would require Trump and future
presidential and vice presidential contenders to release their returns." More: http://go.politicoemail.com/?qs=b2b25dd3e9366000f619ef8b2659c64d94d46593db4a8e6609ade7fba067bb0f8f449aee5537f06e58e6cc6d2ecc125f

Related: "Democrats to ask for 10 years of presidential tax returns in new bill," by CNN's Lauren Fox: http://go.politicoemail.com/?qs=b2b25dd3e936600044aaec0c2d2643cc64e94b68c2d3d91810b2ae8d86cc41c384d7b6ef4afdeb2412bede378a681ebb

ERNST, BLACKBURN JOIN JUDICIARY -- Sens. Joni Ernst (R-Iowa) and Marsha Blackburn (R-Tenn.) will be the first GOP women in the chamber to sit on the Judiciary Committee. "The appointments solve a longstanding optics problem for Republicans ... while putting Blackburn and Ernst in a position to preside over judicial nominations and certain women's issues including the Violence Against Women Act," Alice Miranda Ollstein writes. The Republican side of the panel faced criticism during Supreme Court Justice Brett Kavanaugh's confirmation hearings over its all-male roster. Committee Republicans had hired a woman to question Kavanaugh and his accuser. More:
http://go.politicoemail.com/?qs=b2b25dd3e93660009f0303dc448d4266fde2ddcd444c566fcbcd661efd203c88a99823bcbc441db13cceb71cf3bf4e0a

NC-09 WATCH -- GOP candidate Mark Harris' attorney told CNN they plan to ask a North Carolina court today to certify the results of 9th Congressional District's election. Harris has a 905-vote lead over Democrat Dan McCready, but the state elections board has refused to certify the results as it investigates allegations of election fraud. "The board dissolved last week as part of an ongoing legal battle over its composition," CNN's Ethan Cohen and Curt Devine note. "Without members it can't hold hearings, grant election certificates or call for new elections until a new law governing the board goes into effect at the end of the month." More:
http://go.politicoemail.com/?qs=b2b25dd3e9366000dfe43590d44740d44a3893329b061d4ff7c66475417f5ea38370b3b58eea5843377bb73ebb4cb31e

BRAT HEADS TO LIBERTY -- Outgoing Rep. Dave Brat (R-Va.) has landed at Liberty University, where he was named dean of its business school in Lynchburg. "They're doing a phenomenal job preparing students for business and I wanted to be a part of that and give students the best possible business preparation to meet the markets in front of them as they go off for their careers, all in a Christian environment," Brat told the Richmond Times-Dispatch. "It's just a great fit." Before he upset House Majority Leader Eric Cantor (R-Va.) and was elected to Congress, Brat taught at Randolph-Macon College in Ashland. Former Rep. Robert Hurt (R-Va.) also works at Liberty. More:
http://go.politicoemail.com/?qs=b2b25dd3e9366000261fc4abe55c9eb5a32861bb55f58dbe1408555890f591416b476643511a07b73ef4f3362c587372

Related read: "When ex-spies go rogue by becoming lawmakers," from The Washington Post's Ian Shapira: http://go.politicoemail.com/?qs=b2b25dd3e9366000b61e2c6a5ac3298ae1824802d04872ef790fb85ad65e3c51bc7c4ccd96d9c9a6b880d074690cd2be
TRANSITIONS


Ryan Saylor is leaving Rep. Bruce Westerman's (R-Ark.) office, where he served as communications director. Saylor is moving to Rep.-elect Ben Cline's (R-Va.) office. Rebekah Hoshiko will replace Saylor as Westerman's communications director. She was previously deputy press secretary for the Natural Resources Committee. Madeline Bryant will be Westerman's assistant press secretary. She was previously a staff assistant.

Jonathan Uriarte will be Rep. Stephanie Murphy's (D-Fla.) communications director. He is currently deputy press secretary and digital media manager for Sen. Mark Warner (D-Va.).

Dara Cohen will be Sen.-elect Jacky Rosen's (D-Nev.) chief of staff.

Miguel Salazar will be the House Veterans Affairs Committee's communications director. He was previously communications director for the Congressional Hispanic Caucus.

John Byers is Rep. Will Hurd's (R-Texas) chief of staff. He was previously Rep. Leonard Lance's (R-N.J.) chief of staff.

Margaret Anne Moore has left the House Homeland Security Committee, where she served as communications director.

Fabrice Coles has left the Congressional Black Caucus, where he served as executive director.
ENGAGED
Bill Jaffee, press secretary for Sen. Pat Toomey (R-Pa.), on Monday proposed to Kate Henjum, a program associate for the energy and environment program at the Aspen Institute and an alum of Sen. Michael Bennet (D-Colo.). The couple met working in the Russell Senate Office Building in 2016. Pic ... More pics
TODAY IN CONGRESS
The House gavels in at 12 p.m. for the start of the new Congress. There will be a recorded quorum at 12 p.m. following the prayer and Pledge of Allegiance. The Senate meets at 12 p.m. Following the presentation of certificates of election and the swearing in of elected members and the required live quorum, the chamber will proceed to leader remarks and a period of morning business.
TRIVIA
WEDNESDAY'S WINNER -- Cory Bisbee was first to correctly guess that the only House Democratic incumbents first elected in the 2006 general election to lose their seats in the 2008 general election were Tim Mahoney of Florida and Nancy Boyda of Kansas.

TODAY'S QUESTION -- From Cory: Once mentioned as a long-shot contender for a Supreme Court nomination, this former state attorney general is now among the strongest contenders for the nomination to another office. Name this elected official, the number of years she served as state AG and the other office. The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: nmccaskill@politico.com.

GET HUDDLE emailed to your phone each morning.

** A message from Part B Access for Seniors and Physicians Coalition: Hundreds of patient, provider and health care stakeholders agree the Administration has proposed a potentially dangerous experiment on the health of American seniors who depend on Medicare Part B. The mandatory and unprecedented model proposed by the Centers for Medicare & Medicaid Services (CMS) inserts new middlemen between physicians and patients, puts access to physician-administered medicines at risk and poses a serious threat to vulnerable Medicare beneficiaries. It further sets a risky precedent for other health care providers and services by allowing foreign government price controls to dictate reimbursement while
putting decision making in the hands of vendors with no clinical or medical expertise. Instead of experimenting with the health of American seniors, the Administration and Congress must work with stakeholders to develop patient-centered reforms that embrace competition, foster the provider-patient relationship and value innovation. Learn more. **

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