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02/02/2018 07:51 AM EDT


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

FBI MEMO COULD BE RELEASED TODAY \u2015 President Donald Trump is likely to tell Congress today to release a controversial memo Republicans on the House Intelligence Committee voted this week to make public, according to a senior administration official. The classified document alleges misconduct by senior FBI officials investigating Trump's 2016 campaign, and its expected release would come over protestations from the Justice Department and FBI. Democrats say the memo is misleading and an effort to undermine special counsel Robert Mueller's probe. "House Republicans have largely dismissed the complaints, describing the memo as an opportunity to spotlight what they say is abuse of the FBI's
spying program," Kyle reports.

Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) sent separate letters to House Speaker Paul Ryan (R-Wis.) asking for the removal of House Intelligence Committee Chairman Devin Nunes (R-Calif.), whose staff drafted the memo. Sen. John Thune (R-S.D.), the No. 3 Senate Republican, said Senate Intelligence Committee Chairman Richard Burr (R-N.C.) should be able to see it before its public release. He also encouraged Republicans to release a competing Democratic memo and advised the White House to heed the FBI's warnings.

"The firestorm over whether to release [the memo] has totally drowned out the House-Senate GOP retreat here in West Virginia," Rachael and Burgess report. "Republicans wanted to tout their tax bill and advocate for their 2018 priorities, from infrastructure to military spending. But the controversial document of their own making seemed to be the only thing reporters wanted to talk about." Trump saw the document Wednesday and is "hopeful" it "might undermine the Russia investigation," according to CNN. He tweeted about it this morning.

Related reads: "'Never any hesitation': Trump was quickly persuaded to support memo's release," by The Washington Post: http://go.politicoemail.com/?qs=9fe37c1b777fad332dd0c7ddb6fb2e472ef4bb3ff48a77274c02509fe6861655cd5cfcb10c287c7679be0ea434c6e741 "With Memo, Devin Nunes, Once a Scourge of the Hard Right, Becomes Its Hero," from The New York Times: http://go.politicoemail.com/?qs=9fe37c1b777fad335e4d261376092b8103b667fa353099b0befd9c154357f6921b42846217a68d7bd13a64b5e10bf633 and "White House worried FBI director could quit over Nunes memo release," via CNN: http://go.politicoemail.com/?qs=9fe37c1b777fad33fdc5a432105c822baabf822ea9b4d031538230de3cf425611f95d62209f0c2d8ead7b5864f7fcbaf

MARK YOUR CALENDARS \u2015 With government funding set to run dry Feb. 8, House Republicans could vote on a short-term spending bill to keep the government open through March 22 as early as Tuesday. "[B]ut finding the votes in the House will not be easy for GOP leaders," Bres warns. "Conservatives and defense hawks are threatening to oppose yet another short-term funding bill. House Democrats, meanwhile, have refused to back stopgap measures without securing relief for Dreamers."

REPUBLICANS RESIGNED TO NO OBAMACARE REPEAL \u2015 Republicans don't plan to pursue another partisan push to repeal Obamacare this year. The subject, the GOP's top priority this time last year, wasn't addressed at the congressional retreat. Republicans are skeptical they could pass a budget to allow for a simple majority vote in the Senate, let alone rewrite health care laws in an election year. "Republicans' decision to abstain from another attempt at gutting Barack Obama's health law - at least this year," Burgess reports, "underscores how Republicans overpromised in their ability to reform the nation's health care and never fully recognized how divided the party is over key Obamacare planks
like protecting pre-existing conditions and preserving the law's Medicaid expansion."

While Sen. Bill Cassidy (R-La.), who drafted a repeal bill with Sen. Lindsey Graham (R-S.C.), conceded another repeal push looks unlikely, Graham said he's "certainly not giving up without a fight." Thune, however, isn't convinced Graham will be successful. "We'll believe it when we see it," the No. 3 GOP leader said. "If he's got 50 [votes] for it, more power [to him]. The leader's not going to bring that up if he can't get it through." More: http://go.politicoemail.com/?qs=9fe37c1b777fad336764dc237cd16aa8fca856d15b7a53ad1f91d4bae190cf6e728811b91e3b958344ea6088c438080f

SUPER BOWL SUNDAY IS UPON US. Thanks for reading Huddle, the play-by-play guide to all things Capitol Hill, on this Friday, Feb. 2.

THURSDAY'S MOST CLICKED: The investigation into zombie campaigns was the big winner.

GOP DIVIDED ON UNITY \u2015 President Donald Trump boasted of unity when he spoke at congressional Republicans' retreat on Thursday. But Senate Republicans left their House counterparts at the resort later Thursday "with no clear path forward on immigration, infrastructure or how to raise the debt ceiling," Burgess and Rachael report. "[A]ge-old ideological and tactical differences between the House and Senate - and the president's silence or lack of guidance on how to bridge them - remain a major problem for accomplishing big-ticket items."

Even GOP lawmakers disagree that they're unified. "DACA, debt ceiling, budget, agreement, omnibus? There aren't 218 votes on those," retiring Rep. Charlie Dent (R-Pa.) said. "Are we united on issues? No. We never are. It's not going to change now." House and Senate Republicans are divided on how to deal with Dreamers, including which chamber should vote first. There are also disagreements on government funding, infrastructure, welfare reform and killing the legislative filibuster. Much more: http://go.politicoemail.com/?qs=9fe37c1b777fad3389ccf17265c784e8f2cfa8dc401a3dcc15a41bd9c73279a3420dffdf78007c8cef86b64775d47fff

What Trump said at the retreat about: immigration: http://go.politicoemail.com/?qs=9fe37c1b777fad33f082afa0f49cf0566d10cda701d27b13b8f5d959bdb88fdcf7e13bb263de6c6bdedecbfbe43c2758 and Dreamers: http://go.politicoemail.com/?qs=9fe37c1b777fad33c04f6c0b6dc2ebf5cdf7f96a95cd276fd33c969af72dd4929158fd5763a13cd2b7560a93670f440b

RYAN REBRANDS WELFARE REFORM \u2015 House Speaker Paul Ryan (R-Wis.) urged congressional Republicans to tackle "workforce development," an issue at least a half-dozen House Republicans told POLITICO could include work requirements for welfare recipients. "[A]t least two Senate Republicans said Thursday that they liked the idea in theory - but weren't sure the upper chamber would ever take it up," Rachael and Burgess report. "House conservatives, however, are applauding the effort." Senate Majority Leader Mitch McConnell (R-Ky.) said in December that overhauling the social safety net would hurt vulnerable Republicans in the midterms, and the two leaders agreed not to pursue it using the
reconciliation budget maneuver.

But Ryan hasn't given up just yet. "During a Wednesday night retreat session, for example, Ryan was in full salesman mode," they write, noting that the House speaker emphasized jobs and closing the skills gap. Democrats would likely frame the plan as an effort to undercut the poor. "And because of that, the Ryan plan is unlikely to make it to President Donald Trump's desk for a signature anytime soon." More: http://go.politicoemail.com/?qs=9fe37c1b777fad33a0f4f32aac2a6bfe1c8c5c930a72291efff5a469d8a5b6e2be06308bddf22e9c426166744ca7fcac

FOUR DISCHARGED AFTER AMTRAK CRASH \u2015 Four of the six people transported to UVA Medical Center following a train's fatal collision with a garbage truck Wednesday have been discharged, the hospital said Thursday. The Amtrak train was carrying GOP lawmakers and aides to their annual retreat in West Virginia when it struck a truck near Charlottesville, Virginia, killing a man identified as Christopher Foley. Others sustained minor injuries, although one person remains in critical condition. Joann Scott, who identified herself as the sister of Foley's fiancée, is handling a GoFundMe page for the family. More on the victims: http://go.politicoemail.com/?qs=9fe37c1b777fad338110bbad03eaea779b88e8f9ba59938ef34ef8e642be37336c9157dbc40d1a0588b91e40fb2b4d08

MCCONNELL NUDGES GOVERNOR TO CONSIDER SELF-SENATE APPOINTMENT \u2015 McConnell has asked Mississippi Gov. Phil Bryant to consider appointing himself to the Senate should incumbent Sen. Thad Cochran (R-Miss.), who chairs the Appropriations Committee, resign. "The idea ... would give Republicans a formidable candidate in advance of a possible special election in the state later this fall," Michael Scherer, Sean Sullivan and Josh Dawsey report for The Washington Post. Trump is supportive of the move, though Republican leaders have contingency plans should Bryant say no. Cochran has looked frail since returning to the Senate after missing time last year with a urinary tract infection.

"Senate leaders and White House aides have been preparing for the possibility that he will step down in the coming months," the Post reports. "In particular, a self-appointment by Bryant would complicate the ambitions of state senator and attorney Chris McDaniel, a foe of McConnell, who ran a failed primary campaign against Cochran in 2014." McDaniel approached Bryant's aides asking to be considered for an appointment to Cochran's seat, though he was told an appointment was unlikely. McDaniel has also mulled challenging Sen. Roger Wicker (R-Miss.), who is up for reelection this year. The filing deadline for that race is next month. http://go.politicoemail.com/?qs=9fe37c1b777fad33cae94e0bf0a91fbe30fae7d87ae7c15bbc200151dc1ad803de291f4d6fcdbd2593dffe805e3324ce

ROMNEY ANNOUNCEMENT COMING FEB. 15 \u2015 Somehow, Mitt Romney still hasn't announced that he's running for Senate in Utah. But an announcement is finally forthcoming, he acknowledged Thursday. "All indications are that he's in," Thomas Burr writes for The Salt Lake Tribune. "If Romney weren't going to run, he's not likely to tout an announcement two weeks ahead. And rarely do potential candidates hint at a candidacy if the end result is to say 'no thanks.' Friends and supporters of Romney say they want to let him make the formal declaration. But it isn't rocket science to see the plan." More: http://go.politicoemail.com/?qs=9fe37c1b777fad330b2b5f1ca92b1da0ed1f8196d3e32c146e0c692335552714842a2fea09ef34ebc2c19b7abb27d34c

VOTING RIGHTS PROCESS FOR FLORIDA FELONS RULED UNCONSTITUTIONAL \u2015 A federal judge ruled Thursday that Florida's process for restoring voter rights shaped by Gov. Rick Scott's administration was unconstitutional and driven by campaign politics. "The 43-page order from U.S. District Judge Mark Walker ... opened with a brutal assessment of the state's clemency system, noting it has 'unfettered discretion in restoring voting rights,'" Matt Dixon reports. "Under the state's current system, convicted felons have a lifetime voting ban, but can seek restoration of those rights in front of Florida's Executive Clemency Board, which is comprised of Scott and members of the Florida Cabinet. Scott and
two Cabinet members must agree to restore those rights. But under the current system, the governor ultimately has final say." More: http://go.politicoemail.com/?qs=9fe37c1b777fad33c7eb692d39e9adc5da90be6cbd23e5d2455b4d54b8232abd63a00bc41b5fdab9a5da70f4b54a5d4e

CIA DIRECTOR DEFENDS MEETINGS WITH RUSSIANS \u2015 CIA Director Mike Pompeo pushed back against Senate Minority Leader Chuck Schumer's (D-N.Y.) suggestion that Russian intelligence officials' visit to the U.S. last week might have played a role in the administration's decision to hold off on new sanctions against Moscow. "Pompeo told Schumer in a letter that his meetings with Russian intelligence counterparts focused on anti-terrorism cooperation and followed similar talks held by previous administrations in both parties," Elana reports. "Pompeo did not address Schumer's question about whether sanctions against Russia were discussed at his meeting with the Russian officials," an omission Schumer
called "deeply troubling." More: http://go.politicoemail.com/?qs=9fe37c1b777fad33d51b671ea96baa2e861a9a02ca2f91ebca3d5b7dc3b8678c27ee67e2a00b81aec84d9995c1a9902f

DNC EXAGGERATES AL SEN SPENDING \u2015 The DNC said it spent $1 million in Doug Jones' Senate race against Roy Moore. "The truth is more complicated," Alex Roarty reports for McClatchy D.C. DNC officials now say they spent only a quarter-million dollars of the party's own money. "The rest \u2015 nearly three-quarters of the total funds originally claimed \u2015 was not a direct injection of DNC money but instead cash the DNC raised on behalf of Jones through email solicitations," Roarty writes. "Counting that kind of assistance as funds spent is unusual, according to Democrats familiar with campaign fundraising; political groups typically make clear distinctions between the money they raise for a
candidate and the money they spend backing a candidate."

The news came the same day the DNC named an interim CEO. Mary Beth Cahill will at least temporarily replace Jess O'Connell, who announced her departure earlier this week. "Cahill is best known as one of the presidential campaign managers for John Kerry in 2004," Gabriel Debenedetti and Edward-Isaac Dovere report. "She was also an executive director of EMILY's List and worked for a number of other top Democratic politicians, including the late Sen. Ted Kennedy." More: http://go.politicoemail.com/?qs=9fe37c1b777fad33353df0845a46fbef2fbafc1ea7397c4cd6e0d95a710d3f955e6314235df68c44f3194bc83c52820e

TODAY IN CONGRESS - The House and Senate are out.

THURSDAY'S TRIVIA WINNER - Mikhael G. Smits was first to correctly guess that former Rep. Tom Lantos (D-Calif.) is the only Holocaust survivor to serve in Congress. He chaired the House International Relations Committee (now known as the House Foreign Affairs Committee).

TODAY'S TRIVIA - Mikhael with today's question: A treaty signed on this day ended a U.S. war. When the then-president asked for congressional approval, which then-congressman and future president voted on the bill, and did he vote yea or nay? 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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