Senate GOP goes down to wire in showdown with Trump

Republicans are going down to the wire as they try to find a way out of their showdown with President TrumpDonald John TrumpNASA exec leading moon mission quits weeks after appointment The Hill's Morning Report — After contentious week, Trump heads for Japan Frustration boils over with Senate's 'legislative graveyard' MORE over his national emergency to build a wall on the Mexican border.

Republicans have just days to find a more palatable solution than the House-passed resolution blocking Trump's actions, which is expected to come up for a vote by Friday. 

They are looking for ways that Trump could win more wall funding without using the emergency declaration, a controversial move that has caused angst on Capitol Hill.

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“I think we’re universally for what the president wants to do, but there’s significant concern about using the emergency in this new way that sets a precedent likely in court that future presidents could use,” said Sen. Roy BluntRoy Dean BluntTop GOP senator: 'More harassment than oversight' in House Hillicon Valley: Trump takes flak for not joining anti-extremism pact | Phone carriers largely end sharing of location data | Huawei pushes back on ban | Florida lawmakers demand to learn counties hacked by Russians | Feds bust 0M cybercrime group Top Republican says Senate unlikely to vote on any election security bills MORE (R-Mo.), a member of GOP leadership.

Without an off ramp, the resolution of disapproval has enough votes to pass the Senate, and as many as 15 Republicans could vote for it. That would be an embarrassingly high number for the White House, even if a Trump veto cannot be overridden.

Republicans have yet to find a plan that unites the caucus and passes procedural muster with the parliamentarian.

“My sense was we were kind of down to Plan Z. Started with Plan A and found that none of those worked,” Blunt said.

Sen. John ThuneJohn Randolph ThuneFrustration boils over with Senate's 'legislative graveyard' Hillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment Senate passes anti-robocall bill MORE (R-S.D.), the No. 2 Senate Republican, said “the marketplace of ideas is percolating,” while Sen. John CornynJohn CornynThe Hill's Morning Report - Trump says no legislation until Dems end probes Bipartisan House bill calls for strategy to protect 5G networks from foreign threats Collins offering bill to boost battery research as GOP pushes energy 'innovation' MORE (R-Texas) told CNN that there were “great ideas but no conclusions.”

The talks have ranged from amending the resolution to passing a separate standalone measure. Leadership staffers have been deputized to scour the chamber’s rules for help.

Sen. James LankfordJames Paul LankfordSenate passes disaster aid bill after deal with Trump Congress reaches deal on disaster aid Bipartisan group of senators introduce legislation designed to strengthen cybersecurity of voting systems MORE (R-Okla.), who is undecided on the vote, said the parliamentarian has given them an initial determination that the House-passed resolution could be amended.

“That is the debate right now, what the amendment should look like, if we should have one,” he said. “All the options are out there on the table.”

He added that senators are also talking about alternative side-by-side proposals. “There’s not a resolution on this for us,” he said.

The emergency declaration fight presents a multi-pronged problem for Republicans, who need to agree on alternative language that both supports Trump on border security and expresses their constitutional concerns about his actions.

Asked about making changes to the House-passed resolution, a GOP aide said that the Senate “can amend whatever it wants,” but added that the parliamentarian has said there should be limits on amendments for the resolution to keep its privileged status.  

But Republicans also expect Democrats to force a vote every six months on Trump’s emergency declaration, prolonging the political and legal headache.

Trump has sent multiple warning shots to Republicans, urging them to “stay united.”

He appeared confident on Friday that he would ultimately prevail, telling reporters at the White House that “we're doing fine in Congress. They understand it's an emergency.”

Sen. Susan CollinsSusan Margaret CollinsThe Hill's Morning Report - Trump says no legislation until Dems end probes Collins offering bill to boost battery research as GOP pushes energy 'innovation' Biden says Congress must move to protect abortion rights MORE (Maine), one of the four Republican senators voting for the resolution, predicted that more of her colleagues would come out against Trump, though she declined to speculate on how many.

“I can tell you from talking with my colleagues that many are troubled, even those who are the strongest supporters of the president and his views on border security,” Collins said during an interview with CNN.

Though some GOP senators estimate that the number of Republican votes in favor of the resolution disapproving the emergency declaration could hit double digits, undecided senators have remained on the fence since Sen. Rand PaulRandal (Rand) Howard PaulFrustration boils over with Senate's 'legislative graveyard' Hillicon Valley: Assange hit with 17 more charges | Facebook removes record 2.2B fake profiles | Senate passes anti-robocall bill | Senators offer bill to help companies remove Huawei equipment On The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers MORE (R-Ky.) offered his support more than a week ago.

Asked how he would vote, Sen. Mitt RomneyWillard (Mitt) Mitt RomneyOn The Money: Senate passes disaster aid bill after deal with Trump | Trump to offer B aid package for farmers | House votes to boost retirement savings | Study says new tariffs to double costs for consumers Senate passes disaster aid bill after deal with Trump Iraq War looms over Trump battle with Iran MORE (R-Utah) demurred, noting he didn’t yet know the text of the resolution that will be before the Senate.

“We have to see that before we can say for certain how we’re going to vote,” he said.

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderOvernight Health Care — Presented by PCMA — Senators unveil sweeping bipartisan health care package | House lawmakers float Medicare pricing reforms | Dems offer bill to guarantee abortion access Bipartisan senators reveal sweeping health care package Collins offering bill to boost battery research as GOP pushes energy 'innovation' MORE (R-Tenn.), who is retiring at the end of the current Congress, publicly urged Trump to withdraw the emergency declaration, but has not heard back from the White House about his idea.

One possible option under discussion would to get Trump roughly $5.7 billion for the wall, which Republicans support, but also block his emergency declaration. Republicans are also weighing changes to the National Emergency Act, including requiring that Congress affirmatively vote to continue the emergency declaration after a certain amount of time.

Sen. Rob PortmanRobert (Rob) Jones PortmanHouse votes to boost retirement savings The Hill's Morning Report - White House, Congress: Urgency of now around budget WANTED: A Republican with courage MORE (R-Ohio) said during a conference call with Ohio reporters that he was trying to find an “alternative way” to get Trump funding, including expanding the amount of money he can take from the Pentagon’s counter-drug funds. Trump is expected to take roughly $2.5 billion from that pot, though Republicans have floated expanding that to $4 billion.

Republicans argue that Trump could access nearly $6 billion in funding without needing to declare a national emergency — significantly more than lawmakers think he can use before the end of September, which marks the end of the fiscal year.

“There’s an overwhelming sense in the conference that the president needs to be able to build a barrier,” Lankford said. “It’s just a question of how those funds are used.”