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Senate rejects border declaration in major rebuke of Trump

The Senate voted on Thursday to nix President TrumpDonald TrumpSenators given no timeline on removal of National Guard, Capitol fence Democratic fury with GOP explodes in House Georgia secretary of state withholds support for 'reactionary' GOP voting bills 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 PelosiSenators given no timeline on removal of National Guard, Capitol fence Democratic fury with GOP explodes in House House Republican attempts to appeal fine for bypassing metal detector outside chamber 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 CornynPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Biden signs supply chain order after 'positive' meeting with lawmakers Democrats look to improve outreach to Asian and Latino communities 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 CollinsKlain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' Overnight Health Care: Johnson & Johnson vaccine safe, effective in FDA analysis | 3-4 million doses coming next week | White House to send out 25 million masks Biden's picks face peril in 50-50 Senate 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 AlexanderLamar AlexanderCongress addressed surprise medical bills, but the issue is not resolved Trump renominates Judy Shelton in last-ditch bid to reshape Fed Senate swears-in six new lawmakers as 117th Congress convenes 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 LeeOVERNIGHT ENERGY: Key vote for Haaland's confirmation | Update on oil and gas leasing | SEC update on climate-related risk disclosure requirements Haaland on drilling lease moratorium: 'It's not going to be a permanent thing' Overnight Health Care: US surpasses half a million COVID deaths | House panel advances Biden's .9T COVID-19 aid bill | Johnson & Johnson ready to provide doses for 20M Americans by end of March MORE (Utah), Lisa MurkowskiLisa Ann MurkowskiOvernight Health Care: Johnson & Johnson vaccine safe, effective in FDA analysis | 3-4 million doses coming next week | White House to send out 25 million masks Biden's picks face peril in 50-50 Senate Murkowski undecided on Tanden as nomination in limbo MORE (Alaska), Roy BluntRoy Dean BluntPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Microsoft, FireEye push for breach reporting rules after SolarWinds hack Biden's unity effort falters MORE (Mo.), Rand PaulRandal (Rand) Howard PaulThe Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan Sanders votes against Biden USDA nominee Vilsack Senate confirms Vilsack as Agriculture secretary MORE (Ky.), Pat ToomeyPatrick (Pat) Joseph ToomeyPhilly GOP commissioner on censures: 'I would suggest they censure Republican elected officials who are lying' Toomey censured by several Pennsylvania county GOP committees over impeachment vote Toomey on Trump vote: 'His betrayal of the Constitution' required conviction MORE (Pa.), Rob PortmanRobert (Rob) Jones PortmanMurkowski undecided on Tanden as nomination in limbo Biden signs supply chain order after 'positive' meeting with lawmakers Trump backs former campaign adviser for Ohio Republican Party chair MORE (Ohio), Jerry MoranGerald (Jerry) MoranPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Senate votes to hear witnesses in Trump trial Senate panel advances Biden's education and labor secretary picks MORE (Kan.), Marco RubioMarco Antonio RubioRep. Stephanie Murphy says she's 'seriously considering' 2022 challenge to Rubio The Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan Sanders votes against Biden USDA nominee Vilsack MORE (Fla.), Roger WickerRoger Frederick WickerPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Overnight Health Care: US surpasses half a million COVID deaths | House panel advances Biden's .9T COVID-19 aid bill | Johnson & Johnson ready to provide doses for 20M Americans by end of March 11 GOP senators slam Biden pick for health secretary: 'No meaningful experience' MORE (Miss.) and Mitt RomneyWillard (Mitt) Mitt RomneyRomney-Cotton, a Cancun cabbie and the minimum wage debate Biden's picks face peril in 50-50 Senate Murkowski undecided on Tanden as nomination in limbo 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 TillisMcConnell backs Garland for attorney general GOP senators demand probe into Cuomo's handling of nursing home deaths CNN anchor confronts GOP chairman over senator's vote to convict Trump 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 GardnerBiden administration reverses Trump changes it says 'undermined' conservation program Gardner to lead new GOP super PAC ahead of midterms OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA's 'secret science' rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 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 CruzKlain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' Senators given no timeline on removal of National Guard, Capitol fence Shelby endorses Shalanda Young for OMB director should Biden pull Tanden's nomination 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 GrahamPassage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy Progressive support builds for expanding lower courts McConnell backs Garland for attorney general 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 McConnellKlain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' Democratic fury with GOP explodes in House Murkowski undecided on Tanden as nomination in limbo 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 CottonTom Bryant CottonRomney-Cotton, a Cancun cabbie and the minimum wage debate On The Money: Schumer urges Democrats to stick together on .9T bill | Collins rules out GOP support for Biden relief plan | Powell fights inflation fears Biden health nominee faces first Senate test 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 SchumerChuck SchumerHillicon Valley: Biden signs order on chips | Hearing on media misinformation | Facebook's deal with Australia | CIA nominee on SolarWinds House Rules release new text of COVID-19 relief bill Budowsky: Cruz goes to Cancun, AOC goes to Texas 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.