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03/24/2016 08:49 AM EDT


By Seung Min Kim (skim@politico.com or @seungminkim)

DRIVING THE DAY: BIDEN ON THE 'BIDEN RULE' - Michael Memoli for the LA Times: "A 22-year-old Joe Biden speech from the Senate has been central to Republicans' argument for denying Supreme Court nominee Merrick Garland a confirmation hearing and a vote. On Thursday, the vice president will -- to use the parlance of the Senate -- revise and extend his remarks to blame Republicans for setting up a constitutional crisis now. Leaving the Supreme Court divided 4-4 after the death of Antonin Scalia, as Senate Republicans have vowed to do, will risk creating 'a patchwork Constitution inconsistent with equal justice and the rule of law,' the vice president will say."
http://go.politicoemail.com/?qs=60eb534a08c101a25b2f2dc8c38ef022e0474dc1a2be808a54e0aaade3c58a39

--Or, as POLITICO's Edward-Isaac Dovere puts it: "A month of being a Senate Republican talking point appears to be enough for Vice President Joe Biden." http://go.politicoemail.com/?qs=60eb534a08c101a2a15432dbdb5e10e240e5ac3d3e9c7afa6e89d07073ee05fa Speech begins at 12:30 p.m. at Georgetown Law School.

--As we all know by now, Senate Majority Leader Mitch McConnell (R-Ky.) has been frequently citing the "Biden Rule" to justify the Senate GOP blockade of Merrick Garland's nomination to the Supreme Court. In 1992, then-Senate Judiciary Committee Chairman Biden urged President George H.W. Bush to not nominate any Supreme Court nominee, warning of election-year politics. Before Biden's speech today, the ever-helpful Don Stewart circulated a memo to reporters titled "VP Cleanup Mission."

UNDER PRESSURE, TOOMEY TO MEET WITH GARLAND - Your Huddle writer: "Pennsylvania Sen. Pat Toomey, one of the most vulnerable Republicans up for reelection this year, said Wednesday that he will meet with Supreme Court nominee Merrick Garland. His announcement came after a barrage of protests in his home state pressuring him to act on the high court vacancy ... Toomey said he agreed to [meet] following the White House's request 'out of courtesy and respect for both the president and the judge.'"

--"Still, he stressed that he would not support moving forward with the rest of the confirmation process until after November ... Democrats have mobilized nationwide during the current two-week Senate recess to pressure vulnerable Senate Republicans to take up Garland's nomination this year. Toomey has been a prime target, with liberal activists loudly protesting Toomey during appearances at State College and in Harrisburg, Pa. this week." http://go.politicoemail.com/?qs=60eb534a08c101a232c19049f0bba39cc604fb1a8969b587a8e38acafb2f2869

--Richard Painter, chief ethics lawyer for President George W. Bush, writes in a New York Times op-ed that Garland would have been the type of justice that Bush would have nominated: http://go.politicoemail.com/?qs=60eb534a08c101a20da2b1200025a8b3b8136dc5b28071fe957d526d8bf1b947

--Meanwhile, 62 percent of registered voters say Garland should at least be considered, per new Q poll: http://go.politicoemail.com/?qs=60eb534a08c101a2a9e2a14f39a3c141b8ed438b4352405890206b3c4bdf8c70

HAPPIEST CLICK: Lawmakers celebrate National Puppy Day, via HuffPost: http://go.politicoemail.com/?qs=60eb534a08c101a242f0fe6aef9cec04abe344a0043adeeb89137e594712b372

NUNES: BRUSSELS ATTACKERS MAY HAVE TARGETED AMERICANS - The House Intelligence Committee chairman weighs in, via The Hill: " 'From my vantage point, it does look like an attack on Americans,' Rep. Devin Nunes (R-Calif.) told reporters off the House floor ... Nunes said he drew that conclusion based on location of the twin bombing sites: next to stands for U.S. airliners United, American and Delta at Brussels's Zaventem airport, and at a downtown metro station less than a mile from the U.S. Embassy ... Nunes cautioned that the conclusion is his own, and not necessarily that of U.S. intelligence agencies." http://go.politicoemail.com/?qs=60eb534a08c101a2875db5bb2d0cbae55e954b4218586b2de7217b90a356e996

TRANSITIONS - Rachel McCleery, national communications director for Sen. Debbie Stabenow, is wrapping up her Hill tenure on Friday. She's headed to the Treasury Department to become spokesperson for tax, budget and economic policy. "I can't begin to say how much I'll miss working with my colleagues on Team Stabenow, and how much I've enjoyed working with each of you these past couple of years," she writes in a farewell e-mail.

HAPPY THURSDAY, March 24, 2016 and welcome to The Huddle, where I'm taking over for the rest of the week just because I love you all so much. I'm always down for a chat at skim@politico.com, and please follow me on Twitter at @seungminkim.

My new followers include @JTothDC and @JECRepublicans.

TODAY IN CONGRESS - Both chambers are out. If you really miss the Senate, however, they have a pro forma session at 11 a.m.

AROUND THE HILL - Nada!

SENATE 2016: DEMS EXPAND MAP, NOT CASH - Burgess Everett, Kevin Robillard and yours truly have the latest in the state of play for control of the Senate: "Democrats have expanded the Senate map this year, recruiting viable candidates in states no one expected them to compete in, such as Arizona and Missouri, and arguably positioning themselves to ride an anti-Trump wave to the Senate majority. But there's one big problem: Money. Republicans are outspending Democrats in key races so far. There's little indication that Democrats will close the gap as Election Day approaches, and signs the chasm will grow thanks to the longer roster of deep-pocketed outside groups on the right."

--"The Democratic Senatorial Campaign Committee has steadily outraised the National Republican Senatorial Committee, but the NRSC has slightly more cash on hand. And in an interview, DSCC Chairman Jon Tester of Montana raised a red flag that 'these damn super PACs' might be an even bigger factor this year than in recent election cycles." http://go.politicoemail.com/?qs=60eb534a08c101a21f9d980acd07a2d0ad3963f6e39fb00696baf474d293dcd2

--WaPo's take: "The GOP - and its big funders - scramble to insulate Congress from Trump": http://go.politicoemail.com/?qs=60eb534a08c101a2fc3a463866e051385d85e4bd5ba49ba475bc5ee388702179

PAUL RYAN LAYS IT ON THE LINE - Jake Sherman with the analysis of the speaker's "state of American politics" speech yesterday: "It's now clear what Paul Ryan thinks about 2016. The political system is completely broken - possibly beyond immediate repair - and it's his task to at least try to inject some sanity and civility back in the process ... [H]e's been inexorably drawn into the election, and sees himself as responsible for the future of his party. And the GOP, for the time being, is being led by someone who Ryan believes is frequently is at odds with conservative - and American - principles." http://go.politicoemail.com/?qs=60eb534a08c101a2636dfcf420a693750b9a3d7d87f38db86da4507e99e21069

ALLEGED HASTERT VICTIM COULD TESTIFY - Via the AP: "An alleged sex abuse victim of Dennis Hastert could testify about his emotional trauma next month at the former U.S. speaker's sentencing in his hush-money case ... Hastert, 74, pleaded guilty on Oct. 28 to violating bank laws as he sought to pay $3.5 million to ensure someone referred to in the 2015 indictment only as 'Individual A' stayed quiet about past misconduct by Hastert against Individual A."

--"The transcript of Tuesday's federal court hearing, provided Wednesday to the AP by the presiding judge's court reporter, doesn't mention Individual A or raise the prospect that that person might speak at sentencing. Instead, it recounts the judge speaking to prosecutors and attorneys about 'Individual D.' Assistant U.S. Attorney Steven Block informs Judge Thomas M. Durkin that prosecutors only recently learned 'Individual D' is an alleged victim and was leaning toward testifying at sentencing, the transcript says." http://go.politicoemail.com/?qs=60eb534a08c101a20a234a2a9df9051fc9d0cc80f424afcfa4c8f85abb04e037

HOUSE SELECT COMMITTEE NEWS-

--Fetal tissue panel preps subpoenas: New York Times' Gardiner Harris: "A special House committee empaneled to investigate fetal tissue research is preparing to issue 17 subpoenas to medical supply companies and laboratories, seeking the names of researchers, graduate students, laboratory technicians and administrative personnel. The House investigation into how some of the nation's most prestigious universities acquire fetal tissue has prompted charges of intimidation and coercion, escalating a battle that some researchers fear could shut down studies seeking cures for Parkinson's disease, the Zika virus and a host of other conditions." http://go.politicoemail.com/?qs=60eb534a08c101a296d59e7b935f68fe9faaa68dd1638d08759dfbadcc71c4ce

--Conservative group slams Benghazi panel: Elise Viebeck for WaPo: "Judicial Watch, a conservative government transparency group, argues the committee has 'bungled' its investigation of the 2012 attacks in Libya by refusing to hold more public hearings and release documents it has collected over the last two years. Tom Fitton, the group's president, said the panel is conducting its business mostly in secret, causing it to miss opportunities to hold former Secretary of State Hillary Clinton and the Obama administration accountable for mistakes in their Libya policy." http://go.politicoemail.com/?qs=60eb534a08c101a29f55f2e30415a1353bb85be18c5ccb8bcee14aa32317f166

CORRINE BROWN UNDER ETHICS PROBE - Alex Leary for the Tampa Bay Times: "The House Ethics Committee today said it has opened an investigation into Rep. Corrine Brown, D-Jacksonville ... The committee will wait to act, as requested by the Department of Justice, according to the letter, highlighting the seriousness of the allegations. The timing could not be worse. Brown is fighting redistricting and has a court hearing Friday in Tallahassee." http://go.politicoemail.com/?qs=60eb534a08c101a22917aee902fccb0b116cddcab42859f439884bd79c2d8eb2

WEDNESDAY'S TRIVIA WINNER - Rick Valentine was the first person to correctly answer that five elected vice presidents have come from Indiana: Schuyler Colfax, Charles Fairbanks, Thomas Hendricks, Thomas Marshall and Dan Quayle.

TODAY'S TRIVIA - This one comes from Huddle reader Andrew Smith: Bernie Sanders was the first Jewish politician to win a primary when he won Feb. 9's New Hampshire primary. Who was the first Jewish politician to win an electoral vote in a presidential election? Name them, the party, and the year. The first person to correctly answer gets a mention in the next day's Huddle. E-mail skim@politico.com.

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