NEW: Democrats are considering using an obscure but powerful law to obliterate federal regulations the Trump administration hustled to get on the books before leaving office. by @rbravender ($) in @Politicsinsiderow.ly/TIwT50DevcV
It's the same law President Donald Trump and congressional Republicans used to wipe away rules put in place by the Obama administration.
Get ready to hear about the Congressional Review Act. It's a little-known law dating back to 1996 that gets fresh attention in Washington every time the White House changes hands. Prior to the Trump administration, it was only used once to wipe away an existing regulation.
But Trump and the Republicans who controlled both chambers of Congress used the CRA an unprecedented 16 times to obliterate federal rules, according to a new report from the Congressional Research Service.
The CRA allows Congress to kill rules finalized within the last 60 legislative days of the prior session. That means Trump's regulations issued on or after August 21 could be in peril, according to George Washington University's Regulatory Studies Center.
The Democrats' narrow control of the Senate means they're a lot more likely to ax some of Trump's more controversial regulations like an Interior Department rule that eases protections for migratory birds and air pollution rules from the Environmental Protection Agency.
The CRA requires only a simple majority vote and Senate Majority Leader Chuck Schumer says Democrats will consider using every tool they have.
Policy insiders expect Ds to use the CRA to repeal at least a few of the more contentious regs Trump & his allies finalized on their way out the door. "I would say you'll see a handful of targeted CRA actions," said Matt Kent, a regulatory policy associate at Public Citizen.
The 7 Trump rules that look to be top targets for Dems to repeal using the CRA: EPA's science, ozone, cost-benefit and toxic air pollution rules; Interior's migratory bird rule; a multi-agency rule on grants for faith-based groups, & a DOL reg on investor advice.
When a new president enters the White House, he typically takes a seat in the afternoon of Inauguration Day at the same Resolute Desk in the Oval Office that his predecessor used that morning.
Staffers swap out the last president's toothbrush in the executive residence for the new commander in chief while the inauguration ceremonies happen not too far away.
It's a monumental oratorical challenge for a career Democratic politician who has given countless speeches as a senator, a vice-president, and three-time White House candidate.
Presidential speechwriting experts said the circumstances — the end of Trump & the double whammy of a global pandemic & economic turmoil — will force Biden to come up w/ just the right language to express far more than any 1 policy promise, campaign pledge or personal anecdote.
NEW: The Justice Department has quietly assured President Donald Trump's lawyers that any presidential records left behind on hard drives in the White House will not become the property of the Biden administration. by @rbravender & me ($) @Politicsinsiderow.ly/7PBK50DbS5L
Instead, the US archivist and not Joe Biden will be in control of any electronic records that remain on hardware inside the Executive Office of the President after the new president's inauguration, per an opinion issued Friday by Deputy Assistant Attorney General Devin DeBacker.
The 6-page DOJ memo issued during the closing days of the Trump administration comes during one of the most tumultuous presidential transitions in US history and as Trump still refuses to concede that Biden fairly won the election.
"His message to me was this would clearly be a vote of conscience," Sen. Kevin Cramer, a North Dakota Republican, told @Politicsinsider "He's always been respectful of members that way."
Cramer, a former House Republican & early supporter of Trump who stuck w/ him through his 1 term in office, said that he doesn't want to vote to convict Trump. But he said he might be open to voting in favor of barring Trump from serving in office again after last week's attack.
Historians and presidential-library buffs say they're worried that any sort of Donald Trump presidential library or museum will be used entirely to glorify the ex-commander in chief while promoting lies about his administration and attacking his critics.
Construction could wind up being a major battleground over the legacy of the 2x-impeached president. Historians & DC insiders are speculating about whether Trump's kids might lead the effort, where it would be located, & whether the federal government might withhold its support.
SCOOP: Government emails & docs exclusively obtained by @Politicsinsider reveal an internal fight in the Trump administration during a critical stage of the 2020 campaign over whether to create a poll worker recruitment website. by @davelevinthal ($) ow.ly/tdbN50D8ZHe
The White House's Office of Management and Budget initially rejected the Election Assistance Commission's request to create the website.
The clash took place during July and August when election administration officials were sounding alarms that the nation — because of the COVID-19 pandemic — wouldn't have enough poll workers to staff in-person voting sites.