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 HolderFBI, Justice Dept plan to redact Russia documents despite Trump order for full declassification: report Dem lawmakers slam Trump’s declassification of Russia documents as ‘brazen abuse of power’ Dem lawmaker jabs Trump call for transparency by asking for his tax returns 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 CruzViral video shows O’Rourke air-drumming to the Who’s ‘Baba O’Riley’ after Cruz debate Five takeaways from Cruz, O'Rourke's fiery first debate NY Times, McCabe give Trump perfect cover to fire Rosenstein, Sessions MORE (Texas) and Rand PaulRandal (Rand) Howard PaulA Senator Gary Johnson could be good not just for Libertarians, but for the Senate too Conservatives left frustrated as Congress passes big spending bills Senate approves 4B spending bill 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 BluntMurkowski echoes calls for Kavanaugh, accuser to testify Kavanaugh, accuser to testify publicly on Monday Kavanaugh furor intensifies as calls for new testimony grow 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 IsaksonTrump blasts Tester at Montana rally: 'He loves the swamp' Renaming Senate office building after McCain sparks GOP backlash GOP senator warns Trump: Anyone who trash-talks McCain 'deserves a whipping' 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 CoatsDem lawmakers slam Trump’s declassification of Russia documents as ‘brazen abuse of power’ Nunes: Russia probe documents should be released before election The Hill's Morning Report — Sponsored by Better Medicare Alliance — Cuomo wins and Manafort plea deal 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 GrahamHouse Judiciary chair threatens subpoena if DOJ doesn’t supply McCabe memos by Tuesday Rosenstein report gives GOP new ammo against DOJ Graham: There's a 'bureaucratic coup' taking place against Trump 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 KirkThis week: Trump heads to Capitol Hill Trump attending Senate GOP lunch Tuesday High stakes as Trump heads to 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 McCainTrump hits McCain on ObamaCare vote GOP, White House start playing midterm blame game Arizona race becomes Senate GOP’s ‘firewall’ 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 McConnellGrassley: Dems 'withheld information' on new Kavanaugh allegation Kavanaugh accuser set to testify Thursday McConnell told Trump criticism of Kavanaugh accuser isn't helpful: report 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 PortmanGraham calls handling of Kavanaugh allegations 'a drive-by shooting' Overnight Health Care: Senators target surprise medical bills | Group looks to allow Medicaid funds for substance abuse programs | FDA launches anti-vaping campaign for teens Bipartisan group wants to lift Medicaid restriction on substance abuse treatment MORE (R-Ohio), another top Democratic target in 2016.

Sen. Jerry MoranGerald (Jerry) MoranGoogle says it continues to allow apps to access Gmail user data McConnell: Sessions should stay as attorney general Tougher Russia sanctions face skepticism from Senate Republicans 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 RubioNikki Haley: New York Times ‘knew the facts’ about curtains and still released story March For Our Lives founder leaves group, says he regrets trying to 'embarrass' Rubio Rubio unloads on Turkish chef for 'feasting' Venezuela's Maduro: 'I got pissed' 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 HatchDems see Kavanaugh saga as playing to their advantage Kavanaugh accuser agrees to testify next week Judiciary Dems say GOP treating Kavanaugh accuser worse than Anita Hill 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.