GOP seeks to turn tables on Dems with BDS, Syria bill

GOP seeks to turn tables on Dems with BDS, Syria bill
© Greg Nash

Senate Republicans are trying to drive a wedge between Democrats with a Middle East foreign policy bill they’ve brought to the floor this week.

After a monthlong shutdown fight that has exposed their own divisions, Republicans are eager to turn the tables on Democrats.

Republicans have seized on two points of possible tension within the wide-ranging legislation, both of which could split Democrats.

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The first is an anti-boycott, divestment and sanctions (BDS) provision that would let states penalize businesses that take part in boycotts or divestments of Israel. The second is a proposed amendment from Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' Tensions between McConnell and Schumer run high as trial gains momentum No. 2 GOP leader eyes Wednesday of next week for possible votes on witnesses MORE (R-Ky.) that would urge President TrumpDonald John TrumpMnuchin knocks Greta Thunberg's activism: Study economics and then 'come back' to us The Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' What to watch for on Day 3 of Senate impeachment trial MORE to rethink his decision to withdraw U.S. troops from Syria. 

Democrats have been divided for weeks over the BDS provision, and the issue has split a number of the Democrats eyeing the 2020 presidential race from the party’s leadership.

Twenty-two Democrats opposed advancing the underlying foreign policy bill earlier this week, including Sens. Cory BookerCory Anthony BookerThe Hill's 12:30 Report: House managers to begin opening arguments on day two Patrick backs reparations in unveiling 'Equity Agenda for Black Americans' Booker ahead of Trump impeachment trial: 'History has its eyes on us' MORE (N.J.), Sherrod BrownSherrod Campbell BrownSunday shows - All eyes on Senate impeachment trial Senate Democrat: 'Fine' to hear from Hunter Biden Sunday shows preview: Lawmakers gear up for Senate impeachment trial MORE (Ohio), Kirsten GillibrandKirsten GillibrandSanders defends vote against USMCA: 'Not a single damn mention' of climate change The Hill's Morning Report — President Trump on trial Overnight Energy: Schumer votes against USMCA, citing climate impact | Republicans offer details on their environmental proposals | Microsoft aims to be carbon negative by 2030 MORE (N.Y.), Kamala HarrisKamala Devi HarrisCalifornia Democrat Christy Smith launches first TV ad in bid for Katie Hill's former House seat Steyer spokesperson: 'I don't think necessarily that Tom has bought anything' Biden wins endorsement of Sacramento mayor MORE (Calif.) and Elizabeth WarrenElizabeth Ann WarrenTensions between McConnell and Schumer run high as trial gains momentum Sanders wants one-on-one fight with Biden Biden, Sanders tax plans would raise less revenue than claimed: studies MORE (Mass.). Sen Bernie SandersBernie SandersThe Hill's Morning Report - House prosecutes Trump as 'lawless,' 'corrupt' Tensions between McConnell and Schumer run high as trial gains momentum Sanders wants one-on-one fight with Biden MORE (I-Vt.), who caucuses with the Democrats, also opposed it. 

Sen. Amy KlobucharAmy Jean KlobucharBiden leads Sanders by 7 in new national poll Sanders joins Biden atop 2020 Democratic field: poll The Hill's Morning Report - Trump trial begins with clashes, concessions MORE (D-Minn.), who is also seen as a possible 2020 candidate, voted to advance it, along with Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerCollins walks impeachment tightrope 'Emotion' from Trump's legal team wins presidential plaudits Biden says he would not engage in witness swap in impeachment trial MORE (N.Y.) and Sen. Patty MurrayPatricia (Patty) Lynn MurrayConservative groups aim to sink bipartisan fix to 'surprise' medical bills Democrats request briefing on intel behind Trump's embassy threat claim Democrats ask if US citizens were detained at border checkpoints due to Iranian national origin MORE (Wash.), the third-ranking Democrat.

Sen. Dick DurbinRichard (Dick) Joseph DurbinTensions between McConnell and Schumer run high as trial gains momentum Nadler gets under GOP's skin Restlessness, light rule-breaking and milk spotted on Senate floor as impeachment trial rolls on MORE (Ill.), the second-ranking Democrat, voted against advancing it.

A number of Democrats have argued that the provision would penalize free speech by those wanting to take part in the BDS movement.

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“While I do not support the BDS movement, we must defend every American’s constitutional right to engage in political activity. It is clear to me that this bill would violate Americans’ First Amendment rights,” Sanders said in a statement this week.

The politics for Democrats are more complicated on the Syria provision.

Trump’s announcement late last year that he would remove troops from Syria sparked a backlash from Democrats. Though many disagreed with sending troops to the country in the first place, they also disagreed with his rationale for removing troops.

Durbin, who did not say how he would vote, acknowledged that he is “conflicted” over the issue. 

“It is problematic,” he said. “I didn’t vote that for the war that we’re currently engaged in, if that’s what you want to call it. And I think some of the language by McConnell is very loose and although I want to see our troops come home in an orderly fashion the way he has written this appears to approve military action in Syria by the United States,” Durbin said.

McConnell’s nonbinding sense of the Senate amendment would urge the administration to certify that certain conditions have been met “for the enduring defeat of al Qaeda and ISIS before initiating any significant withdrawal of United States forces from Syria or Afghanistan.” 

Durbin argues that the wording suggests that in voting for McConnell’s measure, senators would be voicing support for keeping troops in Syria and Afghanistan without Congress previously authorizing military action in Syria. 

Durbin added that McConnell’s amendment was not a “toss out” amendment but gets to the “heart” of Congress’s constitutional authority. 

McConnell in a Wednesday floor speech accused Democrats of trying to “stonewall” in an effort to avoid exposing “rifts” within their caucus. 

“I honestly did not expect this would be controversial stuff. I didn’t expect that my colleagues across the aisle would make a partisan stand and try to block this straightforward ‘sense of the Senate’ amendment — when it really just restates what most of us thought was a broad, bipartisan consensus about American leadership in the world,” McConnell said. 

McConnell’s spokesman also characterized Democrats as “severely conflicted” about whether or not to vote for the amendment. 

“They largely agree with the president on withdrawing from Syria and Afghanistan (and everywhere else); makes sense, that’s politically popular, the left is isolationist militarily and it polls well. But on the other hand, they can’t possibly be seen as standing with the president when even Republicans are ‘rebuking’ him,” the aide said.

Durbin told The Hill that the caucus had not made a decision about whether they would filibuster McConnell’s proposal. The GOP leader will need to flip at least seven Democrats to get over a 60-vote hurdle if Republicans are united. 

On the BDS provision, Democrats have offered several amendments aimed at changing the language.

One proposal, from Booker, would exclude sole proprietorships from state or local government laws divesting from companies that engage in BDS activities.

The Senate bill, if it passes the upper chamber, is likely a non-starter in the House because of the anti-BDS language. 

“I can say that the overwhelming majority of the House Democratic Caucus is strongly pro-Israel,” Rep. Hakeem JeffriesHakeem Sekou JeffriesAbortion protester briefly interrupts impeachment trial Senate rejects subpoenaing Mulvaney to testify in impeachment trial Jeffries: Even Nixon didn't block White House aides from testifying MORE (D-N.Y.) told reporters during a press conference. “That said, we are not going to allow the Senate Republicans to move legislation forward that really is a political stunt, and not a serious effort at advancing American foreign policy interests.”