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02/15/2019 08:04 AM EDT

By MELANIE ZANONA (mzanona@politico.com; @MZanona)


DEMS READY FOR NEXT BATTLE -- The shutdown fight is over. But now the legal battle begins. President Donald Trump has decided to declare a national emergency to build the wall after he agreed to sign a border security deal, which lawmakers easily passed on Thursday. Democrats are already weighing their legal options to challenge the move, teeing up an ugly battle between Congress and Trump that could extinguish any hopes for bipartisan work on other issues.

Democratic leaders Chuck Schumer and Nancy Pelosi slammed the executive action as "a lawless act" and "a gross abuse of the power of the presidency" that they will try to overturn, which they could do with a resolution of disapproval or a lawsuit. And the Democratic-led House committees had already been working on possible legal efforts to counter the president's long-rumored plans for executive action to construct the wall. Josh Gerstein on the looming legal war: http://go.politicoemail.com/?qs=6269235d63241c6b4ad27f9ac3cd2d5ddef5d051988380d78feea2eed2d8367938b9f8d9ff9addf33f69d08870932526

Where Trump is looking to pull money: The White House has been telling Republicans that they plan to tap $3.5 billion from the Pentagon's military construction budget, as opposed to the more unprecedented move of taking money from the Army Corps of Engineers. But even that route is still likely to face swift legal challenges. Much more from Sarah and Bres: http://go.politicoemail.com/?qs=6269235d63241c6bc76fb4a4376c96a138c014b851ba8dde99d005b48ae90c270629aa1ad842decb5af5a5f844a3c0c7

THE GOP'S LOYALTY TEST -- It's not just Democrats who may be going toe-to-toe with the president over the emergency declaration. Senate Republicans on Thursday were blindsided by Trump's executive action plans, which they had privately and publicly urged the president not to use. Their big concern is that a future Democratic president could use executive action to enact gun control or climate change measures.

A sample of the Republican reactions: Sen. Marco Rubio (R-Fla.) called it a "bad idea," Sen. Lamar Alexander (R-Tenn.) said it was "unnecessary," Sen. Ron Johnson (R-Wis.) fretted that it was a "dramatic expansion" of the emergency powers and Sen. Susan Collins (R-Maine) called it a "mistake."

But will they support a disapproval resolution? No GOP senators have said whether they would support overturning the declaration. However, they may soon be put to the test: The Senate would be forced to vote on a disapproval resolution if it passes the House. And just four Republicans would need to join with Democrats to rebuke the president, given the simple majority threshold. More from Burgess, Andrew and your Huddle host: http://go.politicoemail.com/?qs=6269235d63241c6be802f7698189536cf26573822dd6c18fa247e0d90d2cbcc1dfa9d8edcc31b18a8ebfda80ba655118

Related read: "2020 Democrats split on spending deal," by Andrew and Marianne: http://go.politicoemail.com/?qs=6269235d63241c6bb50a04d4a2b452b61c7c63e50908d34717203c29a252a447ae4fbe8e54cf2ddf2f70b943aabaec23

T.G.I.F.! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Feb. 15, where we've never been more excited for Friday. A quick programming note: we're off Monday, Feb. 18, and we hope you are, too. Huddle will be back on Feb. 19.

THURSDAY'S MOST CLICKED: Heather and Sarah's report on freshman Democrats fracturing under GOP pressure was the big winner.

** A message from Americas 340B Hospitals: At no cost to taxpayers, the 340B program is vital to America's health because it allows hospitals that serve vulnerable patients to address the health care needs of their communities. Learn more. **


BARR CONFIRMED -- Trump has a new attorney general. The Senate voted Thursday to confirm William Barr to lead the Justice Department, with three Democrats crossing party lines to support the president's pick and just one Republican voting against the nomination. Barr, who was the attorney general under the George H.W. Bush administration, had faced criticism from Democrats for being previously critical of the agency's Russia probe. But Barr assured lawmakers he would protect the investigation. More from Marianne: http://go.politicoemail.com/?qs=6269235d63241c6b5162892a98d6d46f9f927812da19e239ab9fd11b936366b9f44bd021ee3ce25ce017bc1b830ca2da

GRAHAM WANTS TO GRILL MCCABE -- Former deputy FBI director Andrew McCabe is back in the conservative crosshairs after revealing new details about the bureau's Russia investigation during an interview with "60 minutes." Now, Senate Judiciary Chairman Lindsey Graham is calling on McCabe to testify, so the South Carolina Republican can question him about why "a FISA warrant was issued against Carter Page and answer questions about what appears to be, now more than ever, bias against President Trump."

McCabe, who was fired, said in the interview that deputy Attorney General Rod Rosenstein wasn't kidding when he suggested putting a wiretap on Trump after he fired FBI Director James Comey, and said that agency officials discussed the idea of invoking the 25th amendment to remove Trump from office. The revelation has renewed questions about the fate of Rosenstein, whom conservatives threatened to impeach last year. And keep in mind: Rosenstein has a new boss now that Barr was confirmed.

WHY CAN'T WE BE FRIENDS? -- The Democratic presidential primary is expected to be long, bruising and ugly. Yet so far, the nine senators who are weighing 2020 bids in the Senate are all getting along. They've been exchanging playful tweets, praising each other's launches, wishing each other luck and avoiding sniping at each other in the press or in closed-door meetings. "We're nicer people. I mean look who they produced," Sen. Sherrod Brown (D-Ohio) said of Republicans and Trump. "Of course it will stay nice, what kind of answer do you think I'm going to give you?" More from Burgess and Marianne on the Kumbaya Caucus: http://go.politicoemail.com/?qs=6269235d63241c6b99291daa07194aaaba2265456161cb9811a6ecc4e4a2bc3c9110d85b0355af39fe69d50ba71013b3

HARRIS NABS KEY ENDORSEMENT -- Sen. Kamala Harris (D-Calif) has picked up a major endorsement from a member of the Congressional Black Caucus. Liberal Rep. Barbara Lee (D-Calif.), a former CBC chairwoman, is not only backing Harris, but will also be co-chair of her 2020 presidential campaign, according to a release blasted out by Harris. Lee's support is notable because it can help boost her progressive bona fides and strengthen her California support, reports CNN's Nia-Malika Henderson. More: http://go.politicoemail.com/?qs=6269235d63241c6b4dad91d456555e516c594b7e2fcfe365dd96490f8a8ae1712d071d2f3161e688ea44a5033a23d7cf

THE TEAM BEHIND AOC -- It's not just Rep. Alexandria Ocasio-Cortez (D-N.Y.) who is in the spotlight; even her staffers are gaining a high profile on Capitol Hill, as the palace intrigue continues to surround their liberal superstar boss. Ocasio-Cortez's team has not been shy about defending their boss on social media, appearing on cable news or giving on the record interviews to the press, which is uncharacteristic of most Hill staffers.

But the attention isn't always positive. Her team made a notable blunder last week after posting an erroneous fact sheet about her Green New Deal proposal. And this quote given to the Washington Post is getting attention (and eliciting some eye rolls) on Capitol Hill: "I remember getting to the Hill thinking, 'The staffers here are going to mostly be activists and idealists.' Then I got here, and I found out that's not true at all," said Dan Riffle, AOC's legislative assistant. "These are careerists. These are people who grew up on the Upper West Side and went to Ivy League schools." Jeff Stein has more: http://go.politicoemail.com/?qs=6269235d63241c6b0da96d784b02e46130b4522b350958915031e3c6446049d71459f5fb633dbfe748212043abf6bcb7

Related: "The Most Important New Woman in Congress is Not Who You Think," by Michael Kruse for POLITICO Magazine: http://go.politicoemail.com/?qs=6269235d63241c6b6de96faf3b845addf4702845e9965b2b9b2d782636f2d307ac5c0f96050e39af4316414ea05a506f

SHUSTER AND CROWLEY JOIN FORCES -- Who says bipartisanship is dead? Former Reps. Bill Shuster (R-Pa.) and Joe Crowley (D-N.Y.), who have known each other for 20 years, are teaming up to work together on K Street, reports Axios. The duo each brings something different to the table: Shuster was the chairman of the powerful Transportation and Infrastructure Committee, while Crowley was a member of Democratic leadership. More from Mike Allen: http://go.politicoemail.com/?qs=6269235d63241c6b0c589413bc77e01943b0c174da6ce81f175496b761556f55111247d69df9062105c2f56a8d1c9d69

WEEKLY WINNERS AND LOSERS -- It was another wild week on Capitol Hill, with a lot of ups and downs for both parties. Here are our picks for some of the notable victories and failures.

Winner: House Republicans, who successfully won a "motion to recommit" on the House floor - a feat that hasn't been accomplished since 2010. The GOP has been strategically using the procedural tool to peel off Democrats all year, but they hit a homerun on Wednesday with a motion to condemn anti-Semitism.

Loser: Trump's push for the border wall, with the president only receiving $1.375 billion for new fencing. That figure is far less than the $5.7 billion Trump was initially demanding, and even less than the $1.6 billion that Senate Democrats offered just last year. Elections have consequences, as they say.
TRANSITIONS
Jonathon Freye, until recently a senior policy adviser to Rep. Dan Lipinski (D-Ill.), has been named vice president of government and public affairs for the National Air Transportation Association.

Danielle Stewart last week started as communications director for Rep. Tom Graves (R-Ga.). She previously was communications director at the Republican Main Street Partnership.

Samuel Negatu is now the legislative director for Rep. Jimmy Gomez (D-Ca). He most recently was the legislative counsel for Rep. Matt Cartwright (D-PA) and is an alum of former Sen. Claire McCaskill (D-Mo).

Usman Rahim will be an associate for SIFMA on their public policy and advocacy team. He most recently was staff assistant for Sen. Thom Tillis (R-N.C.).
TODAY IN CONGRESS
The House and Senate are OUT until the week of Feb. 25.
AROUND THE HILL
Rep. Tulsi Gabbard (D-Hawaii) holds a news conference on the Intermediate-Range Nuclear Forces (INF) Treaty at 11 a.m. on the House Triangle.
TRIVIA
THURSDAY'S WINNER -- John Jones was the first to correctly guess that former Vice President William R. King took the oath of office while in Havana, Cuba.

TODAY'S QUESTION -- From John: Phosphorus is a critical biogeochemical element for plant growth. Which U.S. President addressed Congress about the importance of phosphorus for agricultural production? First person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: mzanona@politico.com.

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