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 McConnellHow Cruz Supreme Court case could lead to unlimited anonymous election spending Trump and Biden should stop denigrating US elections The Armageddon elections to come MORE (R-Ky.) that would urge President TrumpDonald TrumpDeputy AG: DOJ investigating fake Trump electors Former Boston Red Sox star David Ortiz elected to Baseball Hall of Fame Overnight Health Care — Senators unveil pandemic prep overhaul 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 BookerDespite Senate setbacks, the fight for voting rights is far from over Small ranchers say Biden letting them get squeezed Democrats call on Biden administration to ease entry to US for at-risk Afghans MORE (N.J.), Sherrod BrownSherrod Campbell BrownBiden's year two won't be about bipartisanship  These Senate seats are up for election in 2022 Biden calls Intel's B investment to build chip factories a tool for economic recovery MORE (Ohio), Kirsten GillibrandKirsten GillibrandTlaib blasts Biden judicial nominee whose firm sued environmental lawyer The Hill's 12:30 Report - Presented by Connected Commerce Council - Biden faces reporters as his agenda teeters Former aide says she felt 'abandoned' by Democrats who advanced Garcetti nomination as ambassador to India MORE (N.Y.), Kamala HarrisKamala HarrisHispanics sour on Biden and Democrats' agenda as midterms loom Officer who directed rioters away from senators says Jan. 6 could have been a 'bloodbath' Trump and Biden should stop denigrating US elections MORE (Calif.) and Elizabeth WarrenElizabeth WarrenFiscal conservatives should support postal reform  Five Democrats the left plans to target Arizona Democratic Party executive board censures Sinema MORE (Mass.). Sen Bernie SandersBernie SandersFiscal conservatives should support postal reform  Gallego went to New York to meet Sinema donors amid talk of primary challenge: report Five Democrats the left plans to target MORE (I-Vt.), who caucuses with the Democrats, also opposed it. 

Sen. Amy KlobucharAmy KlobucharHillicon Valley — Biden celebrates 'right to repair' wins Advocacy groups urge Congress to tackle tech giants' auto industry focus Bipartisan Senate group discusses changes to election law MORE (D-Minn.), who is also seen as a possible 2020 candidate, voted to advance it, along with Senate Democratic Leader Charles SchumerChuck SchumerVoting rights failed in the Senate — where do we go from here? Forced deadline spurs drastic tactic in Congress Democrats call on Biden administration to ease entry to US for at-risk Afghans MORE (N.Y.) and Sen. Patty MurrayPatricia (Patty) Lynn MurrayOvernight Health Care — Senators unveil pandemic prep overhaul Bipartisan senators unveil bill to improve pandemic preparedness These Senate seats are up for election in 2022 MORE (Wash.), the third-ranking Democrat.

Sen. Dick DurbinDick DurbinBipartisan Senate group discusses changes to election law Democrats ask for information on specialized Border Patrol teams Democrats face scaled-back agenda after setbacks 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 JeffriesPelosi says she will run for reelection in 2022 WATCH: The Hill recaps the top stories of the week Fury over voting rights fight turns personal on Capitol Hill  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.”