with help from Heather Caygle and Sarah Ferris
THE TRIAL FILES -- The small pool of Senate Republicans who are undecided on the witness vote is getting even smaller. Sen. Cory Gardner (R-Colo.) said he does “not believe we need to hear from an 18th witness.” Sen. Pat Toomey (R-Pa.) said it’s “extremely unlikely that any witness is going to shed any light that’s going to change my mind about a final verdict.
” And Sen. Martha McSally (R-Ariz.) said: “I have heard enough. It is time to vote.” That leaves just a handful of GOP senators who are either wildcards or open to hearing new evidence, as Republican leaders start to close in on securing enough votes to block witnesses. More from NYT’s Sheryl Gay Stolberg and Michael D. Sheer on the state of play: https://nyti.ms/2O7VYFS.That brings us to this hypothetical — but potentially realistic — scenario: what if there is a tie? If three Republicans join all Democrats in voting for witnesses, it would bring the trial into historic and uncharted territory. Most members don’t expect Chief Justice John Roberts — who has been mostly quiet in the trial — to cast a tie-breaking vote. But no one knows for sure. “That is a great unknown. There’s no way to know procedurally what he would do,” said Sen. James Lankford (R-Okla.). If Roberts doesn’t intervene, the motion wouldn’t carry. Still, the vote would forever have an asterisk in the history books. The story from Burgess and Bres: https://politi.co/2vwezop.
Roberts has weighed in on at least one issue: he indicated to senators that he will not read any questions with the alleged whistleblower's name or that could out their identity, report Bres, Burgess and Heather.
That explains why Sen. Rand Paul (R-Ky.) was blocked from asking a question about the origins of the House investigation, even though GOP leaders discouraged members from going down that route. Much more on the “vintage Rand Paul effort” that is annoying some Republicans: https://politi.co/2uFI9rl.Related reads: “Sen. Collins’s Focused Approach Could Help Alter Impeachment Trial,” by the WSJ’s Siobhan Hughes: https://on.wsj.com/36GME1Y; and “Dershowitz’s power play and a Trump team stumble: The moments that mattered in the Senate Q&A,” via Kyle, Andrew and Darren: https://politi.co/2GAWs2U.
IF YOU DON’T KNOW, NOW YOU KNOW -- Reps. Adam Schiff and Hakeem Jeffries have catapulted to national prominence in their turns as House impeachment managers. And now the Democratic Caucus is abuzz about what’s next for two of its biggest stars. For Jeffries, Democrats say they see him as a future House speaker when the current leadership team retires. The New York lawmaker, who chairs the House Democratic Caucus, is a young member of the Congressional Black Caucus and is known for quoting rap and hip-hop lyrics.
Schiff’s allies insist he too is interested in rising in House leadership, but the members polled by Jake and Heather see the House Intelligence Chairman as a future California senator, governor or cabinet official in a Democratic administration. “We put them in this role — we as the Democratic Caucus — because we knew they had that skill,” said Rep. Juan Vargas of California. “They weren’t there by accident.” Jake and Heather with the smart story: https://politi.co/3143mav.
Related read: “Impeachment trial by the numbers: Who spoke the longest - and least?,” by Maya Earls of McClatchy: http://bit.ly/2vAjEMz.
IMPEACHES AND CREAM -- Democrats in the Capitol are doing everything they can to win over Republicans on the witness vote. But some outside groups think the best way to GOP lawmakers’ hearts is through their stomachs. The Democratic Coalition, an anti-Trump advocacy group, sent sheet cakes to the offices of Senate Republicans yesterday that said “Let Bolton Testify” in colorful icing. The cakes also had sprinkles on the side, though sadly, they did not have any mustache decorations.
THE PARNAS PARTY THAT WASN’T -- Lev Parnas, the indicted former associate of Rudy Giuliani who has been cooperating with House investigators, caused a
GOOD MORNING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Thursday, January 30, where your host hopes you find someone who looks at you the way Chuck Schumer
WEDNESDAY’S MOST CLICKED: The Atlanta Journal-Constitution's story on who could run for Rep. Doug Collin’s House seat was the big winner.
MUSICAL COMMITTEE CHAIRS -- GOP Rep. Doug Collins is not expected to stay on as ranking member of the House Judiciary Committee as he seeks a Georgia Senate seat, multiple sources tell your Huddle host — which will open up a coveted top slot on the powerful panel. But Collins won't step down right away: he huddled with House Minority Leader Kevin McCarthy (R-Calif.) yesterday to discuss a timeframe for turning over the ranker reins. McCarthy told POLITICO he wants to ensure there is an ample transition period for Collins’ staff, though he noted the GOP Steering Committee will meet next week to discuss it further.
In the meantime... the race to replace Collins is already on. Rep. Jim Jordan (R-Ohio), a staunch Trump ally, is planning to make a major play for the top slot — and some think he’ll have McCarthy’s blessing. If Jordan slides over to lead the Judiciary panel, the ranking member position on the Oversight Committee will then become available. And Rep. Mark Meadows (R-N.C.) could be a top contender for that job. That means Trump could have his fiercest attack dogs atop the two committees that are his first line of defense the House. Your Huddle host with all the latest: https://politi.co/2RFF8Ad.
Related reads: “Conservative group will launch ad broadside against Collins in Georgia,” from James Arkin: https://politi.co/3aV9dDu; and “'FAKE NEWS': Republican Doug Collins rebukes GOP critics who blasted him for Senate run,” by Mike Brest of the Washington Examiner: https://washex.am/2uJlOcf.
‘TAKING THE BULL BY THE HORNS’ -- Two of the most vulnerable House Democrats have begun paying for their own ads back home — rather than waiting for party cavalry — as they face a deluge of GOP attack ads. Reps. Joe Cunningham (D-S.C.) and Anthony Brindisi (D-N.Y.) both launched ad buys this week, nervous that the GOP ads will sink in before they’re able to counter the message, especially on impeachment. “We have about $300,000 of attack ads being spent against us right now on complete and utter lies," Brindisi said. “We’re taking the bull by the horns and doing it ourselves.”
The Democratic campaign arm did launch a major TV advertising campaign this week on health care, but it’s a national buy, not specific to frontliner districts. The battleground spending — which will be substantial — is expected later in the cycle. More from Ally Mutnick: https://politi.co/2GDpq2h.
Related read: “‘We Would Still Like Our Money Back’: Democrats Want Rep. Jeff Van Drew To Return Their Donations After He Joined The Republican Party,” by Kadia Goba of BuzzFeed News: http://bit.ly/2U5Eb5T.
YEAH, YEAH IT’S INFRASTRUCTURE WEEK -- Speaker Nancy Pelosi on Wednesday pitched her caucus on a sprawling infrastructure plan intended to spur an Eisenhower moment of national unity. But the nearly $800 billion plan comes with a lot of big question marks: Will Republicans support it? How will Congress pay for it? When will it come to the floor?
The good news for squeamish Democrats: No votes on the gas tax. Lawmakers were reassured in a private meeting that they wouldn’t have to go on the record on tricky pay-fors — basically seen as walking the plank without a real counteroffer from Republicans.
Still, some Democrats wanted to go bigger. Rep. Maxine Waters (D-Calif.) — a prominent housing advocate — pressed Pelosi and other Democrats about spending more on affordable housing. Democratic leaders said the House would take up more measures later in the year. Sarah and Kathryn A. Wolfe with more: https://politi.co/2OdvEtP.
Meanwhile, on the House floor today … “Trump criticizes House Democrats over war powers bill after telling lawmakers to vote their heart,” per The Hill’s Morgan Chalfant: http://bit.ly/2RZT0nL.
SIGNING SNUB -- Trump signed his new trade pact into law yesterday, securing a major win as he heads into his re-election race. But even though the Trump administration struck a deal with Democrats to get it over the finish line, the celebration wasn’t bipartisan: key Democrats were shunned from the signing ceremony, with the president not exactly thrilled about celebrating alongside the lawmakers who impeached him.
But privately, U.S. Trade Representative Robert Lighthizer — who was the point person during negotiations on Capitol Hill — called Democrats ahead of the ceremony to express how he would have wanted them to be present at the signing, reports Sabrina Rodqiguez. One Democrat said Lighthizer's call showed he's a "class act." During the ceremony, Trump did shout the Republicans who were the audience, and then quipped: “Maybe I’m just being nice to them 'cause I want their vote.” The story: https://politi.co/2RH8gHs.
A SIGN OF THE TIMES … “House members warned on sharing fake photos after Gosar tweet,” via the AP’s David Klepper: http://bit.ly/36DuDS8.
Nothing today.
The House gavels in at 9 a.m., with first and last votes expected between 11:30 a.m. and 12:30 p.m. Today’s agenda: http://bit.ly/2U7cZnf.
The Senate reconvenes at 1 p.m. and resumes sitting as a court of impeachment for the trial of Trump. The senators continue questioning.
Speaker Nancy Pelosi (D-Calif.) holds her weekly press conference at 10:45 a.m. in HVC Studio A.
House Minority Leader Kevin McCarthy (R-Calif.) holds his weekly press conference at 11:30 a.m. in HVC Studio A.
WEDNESDAY’S WINNER: Steven C. Davis was the first person to guess that Robert F. Drinan was the first person to introduce articles of impeachment against Richard Nixon for the covert war in Cambodia.
TODAY’S QUESTION: From yours truly: Mister Rogers once testified in front of Congress to advocate for public television funding — and he successfully changed the mind of which skeptical senate chairman? The first person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way at mzanona@politico.com.
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