GOP faces tough decision on Lynch vote

GOP faces tough decision on Lynch vote

Senate Republicans face a tough vote on Attorney General nominee Loretta Lynch’s confirmation, which has fast become a litmus test on President Obama’s executive actions on immigration.

Oppose Lynch, and they’ll be ignoring a sparkling performance at a Senate hearing last month that won good reviews from members of both parties, who agreed she was qualified to lead the Department of Justice.

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The “no” votes will also feed into Democratic arguments that the GOP is needlessly blocking confirmation of the first black woman to be attorney general, something that will be used against the Republican Party in 2016, when it seeks to defend 24 Senate seats.

If confirmed, Lynch would replace Eric HolderEric Himpton HolderOcasio-Cortez to be first guest on new Desus and Mero show Holder says he will make 2020 decision in coming weeks Holder: If Trump directed Cohen to lie, impeachment proceedings ‘must begin’ MORE, the attorney general despised by most Republicans.

The problem is immigration and Lynch’s comments that Obama’s executive actions shielding millions from deportation were probably legal.

That’s raised the ire of two presumptive GOP presidential candidates, Sens. Ted CruzRafael (Ted) Edward CruzPoll shows competitive matchup if O’Rourke ran for Senate again Democrats veer left as Trump cements hold on Republicans O’Rourke heading to Wisconsin amid 2020 speculation MORE (Texas) and Rand PaulRandal (Rand) Howard PaulBusiness, conservative groups slam Trump’s national emergency declaration The Hill's 12:30 Report — Presented by Kidney Care Partners — Trump escalates border fight with emergency declaration On The Money: Trump declares emergency at border | Braces for legal fight | Move divides GOP | Trump signs border deal to avoid shutdown | Winners, losers from spending fight | US, China trade talks to resume next week MORE (Ky.), who are both loudly opposing her nomination — something that could make it difficult for many Republicans to back her.

On Tuesday, several centrist Republicans sought to deflect questions about their votes.

“I’m waiting until they’re done in the committee to decide on that,” said Sen. Roy BluntRoy Dean Blunt‘Contingency’ spending in 3B budget deal comes under fire GOP braces for Trump's emergency declaration The border deal: What made it in, what got left out MORE (R-Mo.), who turned his back and walked away from a follow-up question on Lynch and immigration.

“I’m in the process of making that consideration,” said Sen. Johnny IsaksonJohn (Johnny) Hardy IsaksonOn The Money: Lawmakers wait for Trump verdict on border deal | Trump touts deal as offering B for security | McConnell presses Trump to sign off | National debt tops T | Watchdog details IRS shutdown woes Trump criticizes border wall deal: 'Can't say I'm happy' GOP senators offer praise for Klobuchar: 'She’s the whole package' MORE. The Georgia Republican then interrupted a follow-up question to repeat what he had just said, adding only, “that’s all I can tell you right now.”

“I have no comment on that,” Sen. Dan CoatsDaniel (Dan) Ray CoatsEx-Trump official says intel community's testimony interfered in US-North Korea talks Is a presidential appointment worth the risk? Intel agencies' threat assessment matters more than tiff with Trump MORE (R-Ind.) said in response to a question about Lynch’s defense of Obama’s executive actions.

All three Republicans are up for reelection in 2016.

Sen. Lindsey GrahamLindsey Olin GrahamThe Memo: Trump and McCabe go to war Graham seeks new Rosenstein testimony after explosive McCabe interview Senate confirms Trump pick William Barr as new attorney general MORE (R-S.C.), who is mulling a long-shot presidential bid himself, compared those using Lynch’s nomination as a proxy battle over immigration to famed former Sen. Joseph McCarthy (R-Wis.).

“Joe McCarthy said, if you don’t agree with me that that guy is a communist, then you’re a communist,” Graham said. “I don’t buy that kind of logic. I don’t support the executive order. This logic that they’re espousing basically goes like this: We’re not going to get a new attorney general until they agree with me that President Obama’s executive orders violate the law. We’re never going to get a nominee from this president that says that, so this is all about political posturing.”

Few Republicans are publicly echoing Graham.

Sen. Mark KirkMark Steven KirkThe global reality behind 'local' problems Dems vow swift action on gun reform next year This week: Trump heads to Capitol Hill MORE (R-Ill.), a centrist Republican seeking reelection in deep-blue Illinois, said he’s a “lean no” on Lynch’s nomination.

“Generally I would think because Obama insists so heavily on very political attorney generals, that the nominees will tend to reflect his hard-left policies and do anything regardless of the law,” Kirk said.

Sen. John McCainJohn Sidney McCainMark Kelly's campaign raises over M in days after launching Senate bid The Hill's 12:30 Report — Presented by Kidney Care Partners — Lawmakers wait for Trump's next move on border deal Mark Kelly launches Senate bid in Arizona MORE (R-Ariz.), a close friend of Graham’s who could face a primary challenger in 2016, voiced criticism of Lynch and wouldn’t say how he’ll vote.

“I’m very concerned about her support for the president’s executive orders on immigration,” he told The Hill. “I’m adamantly opposed to the president’s actions, which were unconstitutional, and apparently she’s endorsed [the executive actions].”

With all 46 senators caucusing with Democrats expected to support Lynch, only four Republicans would have to back her to win confirmation. (Vice President Biden would break the tie.)

Senate GOP Leader Mitch McConnellAddison (Mitch) Mitchell McConnellGreen New Deal Resolution invites big picture governing ‘Contingency’ spending in 3B budget deal comes under fire Coulter defends Paul Ryan: This is 100 percent Trump's fault MORE (R-Ky.), however, will want to avoid a confirmation vote that would put a handful of his members on the spot — and make them targets in primary elections.

The best scenario for the GOP, if Lynch is to be confirmed, would be for a large number of Republicans to back her.

It’s just not clear where those votes will come from.

“I’m against the executive actions, but I haven’t had a chance to review her nomination yet,” said Sen. Rob PortmanRobert (Rob) Jones PortmanSteel lobby's PR blitz can't paper over damaging effects of tariffs Trade official warns senators of obstacles to quick China deal Lawmakers divided over how to end shutdowns for good MORE (R-Ohio), another top Democratic target in 2016.

Sen. Jerry MoranGerald (Jerry) MoranSenators optimistic about reaching funding deal GOP senators read Pence riot act before shutdown votes On The Money: Shutdown Day 26 | Pelosi calls on Trump to delay State of the Union | Cites 'security concerns' | DHS chief says they can handle security | Waters lays out agenda | Senate rejects effort to block Trump on Russia sanctions MORE (R-Kan.), who also faces voters in 2016, said he hasn’t made up his mind yet but that he’s “certainly interested” in getting to the bottom of Lynch’s defense of Obama’s executive actions.

“I haven’t had a chance to review the transcripts of her hearing ... so we’re not prepared to make an announcement,” said Sen. Marco RubioMarco Antonio RubioOn The Money: Trump declares emergency at border | Braces for legal fight | Move divides GOP | Trump signs border deal to avoid shutdown | Winners, losers from spending fight | US, China trade talks to resume next week Trump declares national emergency at border Democrats veer left as Trump cements hold on Republicans MORE (Fla.), another Republican mulling a presidential bid.

The Senate Judiciary Committee is scheduled to meet on Lynch’s nomination Thursday. The panel could vote to approve her nomination, but it is expected to punt the decision past the recess.

Sen. Orrin HatchOrrin Grant HatchOrrin Hatch Foundation seeking million in taxpayer money to fund new center in his honor Mitch McConnell has shown the nation his version of power grab Overnight Health Care — Presented by PCMA — Utah Senate votes to scale back Medicaid expansion | Virginia abortion bill reignites debate | Grassley invites drug execs to testify | Conservative groups push back on e-cig crackdown MORE (R-Utah), the second-ranking Republican on the Senate Judiciary Committee, praised Lynch at length, denouncing his colleagues trying to play politics over the vote.

“If it was a Republican president, maybe a Republican president wouldn’t have appointed her, but this is a Democrat president who has, and I don’t see any reason to disqualify her or to play with her nomination,” Hatch said.