Senate rejects border declaration in major rebuke of Trump

The Senate voted on Thursday to nix President TrumpDonald John TrumpMilitary personnel to handle coronavirus patients at facilities in NYC, New Orleans and Dallas Navy hospital ship USNS Comfort has total of 20 patients: report Fauci says that all states should have stay-at-home orders MORE’s national emergency declaration to construct the U.S.-Mexico border wall, setting up the first veto battle with his White House.

Senators voted 59-41 to pass the resolution of disapproval blocking Trump’s declaration. Underscoring the broad base of concern over Trump’s actions within the Republican caucus, 12 GOP senators broke rank and voted with all the Democrats.

The measure passed the House last month, 245-182.

The resolution now heads to Trump’s desk, where he is expected to use the first veto of his presidency to defeat it. Neither chamber has the votes to override the president, who tweeted shortly after the vote was closed:

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Trump made an eleventh hour plea to Republican senators, reiterating his pledge to veto the resolution and signaling he could be open to future changes to his emergency powers, and even accusing Republicans who voted "yes" of standing with House Speaker Nancy PelosiNancy PelosiNJ governor calls for assessment of coronavirus response after crisis abates Overnight Health Care: Global coronavirus cases top 1M | Cities across country in danger of becoming new hotspots | Trump to recommend certain Americans wear masks | Record 6.6M file jobless claims Hillicon Valley: Zoom draws new scrutiny amid virus fallout | Dems step up push for mail-in voting | Google to lift ban on political ads referencing coronavirus MORE (D-Calif.).

“Prominent legal scholars agree that our actions to address the National Emergency at the Southern Border and to protect the American people are both CONSTITUTIONAL and EXPRESSLY authorized by Congress....” Trump said in a string of tweets.

But that argument failed to squash the momentum behind the resolution, which garnered support from various factions of the GOP caucus, including moderates, members of leadership and libertarian-leaning senators. 

Sen. John CornynJohn CornynGOP senator: National shelter-in-place order would be an 'overreaction' Lawmakers already planning more coronavirus stimulus after T package Cuban says he'd spank daughter if she was partying during coronavirus pandemic MORE (R-Texas), who supported Trump in the vote, argued that the president should view the fight as a victory, because his veto will ultimately be sustained. 

"The House is going to sustain his veto, so I think he ought to accept that as a win," Cornyn said asked about the potential fallout between the president and GOP senators. 

But the vote marks a significant setback for Trump, who has made his pledge to build the wall a focal point of his presidency. And it’s the second rebuke for Trump in as many days after the Senate broke with him on support for Saudi Arabia on Wednesday.

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Republicans have been wary of breaking with Trump on border security but raised significant concerns about separation of powers questions sparked by his emergency declaration. GOP supporters of the resolution, such as Maine Sen. Susan CollinsSusan Margaret CollinsGOP presses for swift Ratcliffe confirmation to intel post Campaigns pivot toward health awareness as races sidelined by coronavirus Senate eyes quick exit after vote on coronavirus stimulus package MORE, cast their vote not as a rebuke of Trump’s border wall but instead over a constitutional question about Congress’s role in funding the government.

“That is why this issue is not about strengthening our border security, a goal that I support and have voted to advance. ... It is a solemn occasion involving whether or not this body will stand up for its institutional prerogatives and will support the separation of powers enshrined in our Constitution,” Collins said. “We must stand up and defend Congress’s institutional powers as the Framers intended that we would. Even when doing so is inconvenient or goes against the outcome that we might prefer.”

Collins said separately that while she had talked to White House staff, she had not spoken directly to Trump about her vote. She added that she expected he would not "be happy" but that she was "letting the chips fall." 

"But I'm a United States senator and I feel my job is to stand up for the Constitution." 

Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderSticking points force stimulus package talks to spill into Sunday GOP drafting stimulus package without deal with Democrats Senate coronavirus stimulus talks spill into Saturday MORE (R-Tenn.), who is retiring at the end of the current Congress, argued that a vote against the emergency declaration was a “check on the executive [that] is a crucial source of our freedom.”

In addition to Alexander and Collins, GOP Sens. Mike LeeMichael (Mike) Shumway LeeJustice IG pours fuel on looming fight over FISA court Senator Tom Coburn's government oversight legacy Trump on Romney's negative coronavirus test: 'I am so happy I can barely speak' MORE (Utah), Lisa MurkowskiLisa Ann MurkowskiMurkowski pushes Mnuchin for oil company loans Overnight Energy: Trump says global oil production could be cut by 15M barrels | Trump to rent storage space to oil producers | EPA defends move to suspend pollution monitoring GOP senators urge Saudi Arabia to leave OPEC MORE (Alaska), Roy BluntRoy Dean BluntHillicon Valley: Apple rolls out coronavirus screening app, website | Pompeo urged to crack down on coronavirus misinformation from China | Senators push FTC on price gouging | Instacart workers threaten strike Lawmakers already planning more coronavirus stimulus after T package Senate Democrats vow to keep pushing for more funds for mail-in voting MORE (Mo.), Rand PaulRandal (Rand) Howard PaulGeorgia governor says he didn't know asymptomatic people could spread coronavirus McConnell: Impeachment distracted government from coronavirus threat Warren knocks McConnell for forcing in-person Senate vote amid coronavirus pandemic MORE (Ky.), Pat ToomeyPatrick (Pat) Joseph ToomeyNSA 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 WH backpedals on Trump's 'due process' remark on guns MORE (Pa.), Rob PortmanRobert (Rob) Jones PortmanGOP senator to donate 2 months of salary in coronavirus fight Senators pen op-ed calling for remote voting amid coronavirus pandemic Some Democrats growing antsy as Senate talks drag on MORE (Ohio), Jerry MoranGerald (Jerry) MoranRand Paul's coronavirus diagnosis sends shockwaves through Senate Sinema criticizes Paul for alleged behavior ahead of coronavirus test results: 'Absolutely irresponsible' Hillicon Valley: Facebook, Twitter dismantle Russian interference campaign targeting African Americans | YouTube to allow ads on coronavirus videos | Trump signs law banning federal funds for Huawei equipment MORE (Kan.), Marco RubioMarco Antonio RubioPompeo: Countries must 'step up,' provide 'transparent' coronavirus information to save lives China did not count coronavirus positives if patient had no symptoms: report Trump seeks to sell public on his coronavirus response MORE (Fla.), Roger WickerRoger Frederick WickerBottom Line Stimulus empowers Treasury to rescue airlines with billion in direct assistance White House, Senate reach deal on trillion stimulus package MORE (Miss.) and Mitt RomneyWillard (Mitt) Mitt RomneyPoll: More Republican voters think party is more united than Democratic voters Granting cash payments is a conservative principle 7 things to know about the coronavirus stimulus package MORE (Utah) voted for the resolution blocking Trump’s emergency declaration.

"I don't think everything is measured in this building based upon how they think it reflects on the White House," Romney told reporters shortly before the vote. 

There were some last-minute surprises. Sen. Thom TillisThomas (Thom) Roland TillisNorth Carolina Senate race emerges as 2020 bellwether The Hill's Campaign Report: North Carolina emerges as key battleground for Senate control Campaigns pivot toward health awareness as races sidelined by coronavirus MORE (R-N.C.), who had said he would vote for the resolution blocking Trump, announced moments before the vote started that he was changing his mind. 

“We have to recognize that we have a crisis at the border, 76,000 people crossing illegally in February alone. We have narcotics flooding our country, poisoning our children and adults of all ages,” he said from the Senate floor. 

Sen. Cory GardnerCory Scott GardnerRomney says he tested negative for coronavirus, will remain in quarantine Senate GOP super PAC books more than million in fall ads The Hill's Morning Report - Presented by Airbnb - Markets expected to plunge amid partisan squabbling MORE (R-Colo.), a top 2020 target for Democrats, supported Trump, while Blunt, a member of GOP leadership, did not. 

Republicans went down to the wire as they scrambled to find an off ramp to the showdown with Trump, who remains popular with the party’s base.

Several last-minute attempts — ranging from an alternative GOP proposal to killing the resolution of disapproval in exchange for future checks on emergency powers — fell flat. Though Alexander and Sen. Ted CruzRafael (Ted) Edward CruzFlorida sheriff asks for new leads in disappearance of Carole Baskin's former husband after Netflix's 'Tiger King' drops Ted Cruz jokes about quarantine boredom, 'Tiger King' Trump faces mounting pressure to unleash Defense Production Act MORE (R-Texas) were still shopping their alternative proposal a day before the vote, leadership locked in a deal to avoid amendments, ensuring the House-passed bill would be what the Senate voted on.

Sen. John KennedyJohn Neely KennedyMORE (R-La.), emerging from a closed-door lunch Wednesday, signaled that Republicans were running out of options, telling reporters, “Everybody knows how they’re going to vote. I don’t think the president’s going to win this one.”

But underscoring the level of concern among Republicans, a group of GOP senators, including Sen. Lindsey GrahamLindsey Olin GrahamGraham asks colleagues to support call for China to close wet markets Justice IG pours fuel on looming fight over FISA court Trump says he's considering restricting travel to coronavirus 'hot spots' MORE (S.C.), went to the White House on Wednesday night and tried to pitch Trump, unsuccessfully, on an escape hatch that would let them avoid handing him an embarrassing defeat over the border wall.

Graham told reporters that when Trump asked him if his veto would be sustained, "I said yeah overwhelmingly." 

"I said, 'let's sit down, look at this one point of money see if we can find a way forward in October,' but he feels like his commitment to build the wall was moving forward," Graham said. 

Republicans were crucially able to keep the number of "yes" votes below 67, the number needed to override a veto. Though a challenge to Trump’s veto is expected to die in the House, having roughly 20 GOP senators break with the president would have set up an embarrassing setback that would spark new questions about his hold on the caucus.

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellDemocrats press Trump, GOP for funding for mail-in ballots Top GOP lawmakers push back on need for special oversight committee for coronavirus aid Stocks move little after record-breaking unemployment claims MORE (R-Ky.) has made no secret of the fact that Trump’s emergency declaration has sparked fierce, lengthy discussions within the caucus. But he urged his caucus to support Trump, arguing that there was a “border security and humanitarian crisis on the southern border.”

“It’s no secret I take the Senate as an institution extremely seriously. I take the separation of powers extremely seriously. And I take Congress’s prerogative over appropriations extremely seriously. But — as I argued yesterday in the context of the Yemen resolution — the Senate should not be in the business of misusing specific resolutions to express opinions on more general matters,” McConnell said.

Sen. Tom CottonThomas (Tom) Bryant CottonTrump's ambitious infrastructure vision faces Senate GOP roadblock  GOP lawmaker touts bill prohibiting purchases of drugs made in China Wisconsin Republican says US must not rely on China for critical supplies MORE (R-Ark.), a close ally of Trump’s, also knocked Democrats for their “howls of outrage” against the White House.

“We have reached a moment of crisis, but it’s not a constitutional crisis. It’s a crisis at the border, a crisis of American sovereignty. When hundreds of thousands of foreigners arrive at the southern border and demand entry, that’s not migration. That's an emergency,” he said.

But Trump’s allies were unable to sway enough Republicans. Only four GOP "yes" votes were needed with all 47 Democrats voting for the resolution. Democrats, speaking from the floor ahead of the vote, characterized it as one of the most consequential they have taken and urged GOP senators to buck Trump.

Senate Minority Leader Charles SchumerCharles (Chuck) Ellis SchumerDemocrats press Trump, GOP for funding for mail-in ballots Schumer doubles down in call for Trump to name coronavirus supply czar Trump lashes out at Schumer over call for supply czar MORE (D-N.Y.) said Thursday's vote could be “more difficult” for Republicans given Trump’s penchant for “threatening, bullying or publicly castigating members of his own party.”

“But I would say to them, I would say to every Republican: There are times when loyalty to America, to our Constitution, to our principles, to what has made this country great should lead members to rise above, rise to the occasion,” he said. “I hope, I pray this moment is one of those times.”

—Updated at 3:20 p.m.