Senate GOP eyes big vote against Trump

Opposition to President TrumpDonald John TrumpMichael Flynn transcripts reveal plenty except crime or collusion 50 people arrested in Minneapolis as hundreds more National Guard troops deployed Missouri state lawmaker sparks backlash by tweeting 'looters deserve to be shot' MORE’s emergency border declaration is snowballing in the Senate, forcing Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSchumer to GOP: Cancel 'conspiracy hearings' on origins of Russia probe Overnight Health Care: Trump says US 'terminating' relationship with WHO | Cuomo: NYC on track to start reopening week of June 8 | COVID-19 workplace complaints surge 10 things to know today about coronavirus MORE (R-Ky.) to scramble for a way to avoid a major embarrassment for the president. 

While McConnell has long viewed a resolution of disapproval backed by Democrats as likely to pass the Senate, support for the measure is growing. Some senators and aides say they think it could get as many as 15 Republican votes, which would put it in striking distance of a veto-proof majority.

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“Members of the Senate ought to have a real problem and not be flippant about allowing the president so blatantly to go around the Article I power of the purse. This is what separates us from the rest of the world. We have a rule of law,” said a GOP senator who put the high-water mark for Republican support at 15 senators.

New names surfacing as possible defectors on next week’s vote include Sens. Jerry MoranGerald (Jerry) MoranMemorial Day during COVID-19: How to aid our country's veterans Pass the Primary Care Enhancement Act Hillicon Valley: Facebook permanently shifting thousands of jobs to remote work | Congressional action on driverless cars hits speed bump during pandemic | Republicans grill TikTok over data privacy concerns MORE (Kan.), Todd YoungTodd Christopher YoungHillicon Valley: House FISA bill in jeopardy | Democrats drop controversial surveillance measure | GOP working on legislation to strip Twitter of federal liability protections GOP senators urge Trump not to restrict guest worker visas Lawmakers introduce bill to invest 0 billion in science, tech research MORE (Ind.), Mitt RomneyWillard (Mitt) Mitt RomneyDemocrats broaden probe into firing of State Department watchdog Coronavirus and America's economic miracle Former Romney strategist joins anti-Trump Lincoln Project MORE (Utah), Ben SasseBenjamin (Ben) Eric SasseHillicon Valley: Lawmakers demand answers on Chinese COVID hacks | Biden re-ups criticism of Amazon | House Dem bill seeks to limit microtargeting Lawmakers ask for briefings on Chinese targeting of coronavirus research On The Money: GOP senators heed Fed chair's call for more relief | Rollout of new anti-redlining laws spark confusion in banking industry | Nearly half of American households have lost employment income during pandemic MORE (Neb.), Ted CruzRafael (Ted) Edward CruzHillicon Valley: Twitter flags Trump tweet for 'glorifying violence' | Cruz calls for criminal investigation into Twitter over alleged sanctions violations | Senators urge FTC to investigate TikTok child privacy issues Cruz calls for criminal investigation into Twitter over alleged Iranian sanction violations On The Money: Trump signs order targeting social media firms' legal protections | 2M more Americans file new jobless claims, pushing total past 40M | White House to forgo summer economic forecast amid COVID-19, breaking precedent MORE (Texas), Mike LeeMichael (Mike) Shumway LeeHouse punts on FISA, votes to begin negotiations with Senate House cancels planned Thursday vote on FISA This week: Surveillance fight sets early test for House's proxy voting MORE (Utah) and Ron JohnsonRonald (Ron) Harold JohnsonSchumer to GOP: Cancel 'conspiracy hearings' on origins of Russia probe Comey, Rice, Clapper among GOP senator's targets for subpoenas amid Obama-era probe Schumer: GOP should 'stop sitting on their hands' on coronavirus bill MORE (Wis.), who all have expressed constitutional concerns in recent days, say colleagues.  

In the House, there’s little chance that opponents can get close to a two-thirds majority, but such a large Senate vote against Trump is something that GOP leaders and the White House would deeply love to prevent.

Two of McConnell’s top advisers, Sharon Soderstrom, his chief of staff, and Laura Dove, the majority secretary, are scouring the Senate’s rules and procedures to figure out whether it’s possible to vote on an alternative to the Democratic-sponsored resolution of disapproval.

Republican senators say they want to vote for a resolution that states the president should have sufficient funds for border security. But they also want it to express disapproval of the emergency declaration and amend the National Emergencies Act to require future emergency declarations to expire after a period of time unless Congress votes to approve them. 

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“I believe we should come up with a resolution or a piece of legislation that would express exactly how we feel, which is we support the president, we do need better barriers,” said Johnson, the chairman of the Senate Homeland Security Committee, after a meeting of the GOP conference Tuesday.  

“At the same time, as members of Congress, we should jealously guard our constitutional authority, which has been given away by prior Congresses,” he added. 

Sen. Pat ToomeyPatrick (Pat) Joseph ToomeyGOP senators push for quick, partial reopening of economy NSA improperly collected US phone records in October, new documents show Overnight Defense: Pick for South Korean envoy splits with Trump on nuclear threat | McCain blasts move to suspend Korean military exercises | White House defends Trump salute of North Korean general MORE (R-Pa.) is leading one promising effort within the GOP conference to put together a resolution that would express support for Trump having adequate funding for border security while also disapproving of his emergency declaration and possibly limiting future executive seizures of spending power. 

A GOP senator said Young and Lee are also meeting with the parliamentarian on putting together a similar resolution.

“I think people want to find a way to give the president all the money he asked for but yet discourage the use of emergency declarations,” said Sen. John CornynJohn CornynGOP senators urge Trump not to restrict guest worker visas Castro, Warren, Harris to speak at Texas Democratic virtual convention Democratic unity starts to crack in coronavirus liability reform fight MORE (R-Texas). 

But the effort faces multiple procedural hurdles. One question is whether such a resolution could provide any new funding for border security. Another is whether it would in fact have authority to amend the National Emergencies Act of 1976. 

It is clear, however, that any alternative resolution would have to disapprove of and unwind Trump’s emergency declaration in order to have privileged status that would allow it to pass with a simple-majority vote. 

Toomey declined Tuesday afternoon to comment on his proposal.

Republicans could possibly hold a vote on a nonprivileged resolution that does not expressly block Trump’s emergency declaration, but it would still allow a vote on the Democratic resolution of disapproval. 

Republican senators heard presentations at their lunch meeting Tuesday from Homeland Security Secretary Kirstjen NielsenKirstjen Michele NielsenHillicon Valley: Twitter falling short on pledge to verify primary candidates | Barr vows to make surveillance reforms after watchdog report | DHS cyber chief focused on 2020 Sen. Kennedy slams acting DHS secretary for lack of coronavirus answers The 'accidental director' on the front line of the fight for election security MORE and a senior Justice Department attorney justifying Trump’s emergency declaration. 

Lawmakers said Nielsen made a compelling case that there’s a crisis at the Mexican border by noting that nearly 80,000 migrants crossed the border illegally last month, but that the legal arguments from the Justice lawyer failed to move conservatives such as Cruz and Lee.  

The administration lawyer argued that Trump’s declaration is authorized by something passed by Congress, the National Emergencies Act, and is not merely being asserted by Congress, according to lawmakers who heard his presentation.

The attorney also tried to assuage concerns by suggesting that any money used through the emergency declaration would not go toward buying up private land to build border barriers. 

Cruz says that differences of views remain between the administration and the Senate Republicans. 

“We’re engaged in ongoing discussions with the administration,” he said. “The discussions are vigorous but it’s not productive to engage in those debates right now in the press.”  

Lee is circulating a proposal to limit presidential emergency declarations to a period of 30 days, after which Congress would be required to vote to extend it any further, according to a Senate aide. 

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderSenate GOP chairman criticizes Trump withdrawal from WHO Trump: US 'terminating' relationship with WHO Soured on Fox, Trump may be seeking new propaganda outlet MORE (R-Tenn.) said “most Republican senators believe” that Trump “should have sufficient funds to do border security.” 

But, he said, “we do not like the [emergency] declaration because it gives the president the authority to spend money that Congress refused to spend, and that’s a violation of separation of powers.”

“We would like to amend the declaration of powers act to say declarations would expire after a period of time — say 60 days, 30 days, 90 days — unless a majority of Congress votes to approve it,” he added.