Still the economy, stupid: Democrats urge Biden to focus as Republicans surge

Katherine Doyle

October 25, 06:43 AM October 25, 06:43 AM

Democratic strategists are urging President Joe Biden to stop the shift in the polls toward the Republicans with a stronger message on the economy.

The economy and inflation are the top issues for voters three weeks out from the midterm elections, as polls show a growing share of the public concerned about rising costs. Forecasts indicate Democrats’ leads are evaporating as their small congressional majorities hang in the balance.

Biden had hoped that the Supreme Court’s decision to overturn Roe v. Wade this summer would animate voters through the fall. The president raised the issue just last week, promising to codify federal abortion rights if Democrats in Senate boost their majority next month. But tempering the enthusiasm that surged in the wake of the July ruling is an entrenched economic reality showing few signs of improvement.

SURROGATE CITY: WHITE HOUSE SEEKS TO BOOST DEMOCRATS DESPITE BIDEN’S UNPOPULARITY

Now the party risks losing congressional seats, legislatures, and states once considered safe as Democrats lose ground on economic issues.

In response, veteran Democratic strategists are raising the alarm, asserting in a joint public memo that “what we have to do … is end on a strong economic argument.”

Written by Patrick Gaspard, president of the Center for American Politics; pollsters Stanley Greenberg and Celinda Lake; and liberal strategist and a senior White House aide under President Bill Clinton, Mike Lux, the memo concedes that “no Democratic candidate should stop talking about abortion.”

“But going down the stretch, we need to make sure our closing message also talks about the cost of living, inflation and the economy,” the authors argue, writing that “rising costs will beat us if we avoid the issue.”

Yearly inflation ending in September came in at 8.2%, while core inflation, which strips out food and energy prices, rose to 6.6%, according to the Bureau of Labor Statistics. Both numbers came in above projections.

The White House has touted its efforts to bring down costs for consumers, including through the Inflation Reduction Act, a bill that includes a prescription drug price cap, among other benefits. Biden has also announced a student debt relief program and efforts to reduce gas prices.

But cutting short the White House’s victory lap last month is a sinking economic reality that the president is struggling to beat back.

“No question, President Biden and Democrats have their work cut out for themselves on making a case regarding the economy,” Republican pollster Neil Newhouse of Public Opinion Strategies told the Washington Examiner. “Most Americans expect the economy to get worse over the next year, they are overwhelmingly focused on the rising cost of living, and fully 57% disapprove of the job that the president is doing handling the economy.”

And with barely two weeks to go, inflation has become the top concern for voters as polls show Republicans inching ahead of Democrats on the generic ballot.

Republicans hold a 6 percentage point lead among registered voters, 50%, compared to 44% for Democrats, according to recent Monmouth University polling. Republicans are also more inclined than Democrats to say they are “extremely motivated” to vote, 64%-59%.

The survey shows inflation as the primary issue for voters, up 9 percentage points in October to 46% from 37% last month. Among voters with no party preference, 37% rank the issue as their foremost concern.

In a recent video, liberal Sen. Bernie Sanders (I-VT), an independent who caucuses with Democrats, acknowledged the “stress that people live under” as something that “we don’t discuss enough.”

“People worry about how they’re going to pay their healthcare bills. … They worry about how they’re going to get by on wages, which in many cases are not adequate,” Sanders said, picking up a populist message that has largely fallen out of favor since Biden’s victory in 2020.

Democrats, who won control of the White House and both chambers of Congress, have instead leaned on their success in passing infrastructure, climate and healthcare legislation, spending on semiconductor manufacturing, and more.

Fewer than one-third of voters say Biden is giving sufficient attention to the issues most important to American families, according to the Monmouth survey, conducted Oct. 13-17 with 808 adults and a plus or minus 5.2 percentage point margin of error.

The damage is showing up across key races for Democrats across the country, with the Cook Political Report’s House editor, David Wasserman, noting that many candidates in lean-Democrat races are “teetering on the edge.”

In Pennsylvania, Democratic Senate candidate John Fetterman now finds himself in a statistical tie against Republican Dr. Mehmet Oz, according to recent polling by AARP conducted by Biden’s pollster John Anzalone and former Trump pollster Tony Fabrizio.

As Democrats’ forecasts darken, Biden has picked up his message on the economy, adding an economic bent to his warnings of the dangers of so-called MAGA Republicans, including the claim that “mega-MAGA trickle-down politics” will “crash the economy.”

In remarks at the Democratic National Committee headquarters in Washington on Monday, Biden said his administration had created 10 million new jobs, brought employment to a 50-year low, and delivered a “Made in America” manufacturing boom. Addressing inflation, the president blamed the rising cost of living on “Putin’s war in Ukraine and the global pandemic.”

It’s not clear whether the president’s message will resonate.

According to Greenberg, former President Bill Clinton’s pollster ahead of the 1994 Democratic collapse, voters don’t like hearing about the president’s wins. He also suggested that Republicans are winning the economic messaging war.

“[Republicans are] hitting us on crime and border and inflation. … That has huge power,” Greenberg told West Wing Playbook. “And we have the self-satisfied message of how much we’ve accomplished rather than being focused on what is happening to people.”

Democrats face long odds as they work to persuade voters in the election’s final days.

“Given Americans’ current attitudes regarding the economy, it’s a tall lift for Democrats to make the case that things are heading in the right direction,” said Newhouse.

Border crossings give Biden fresh bad news just weeks before midterm elections

Haisten Willis

October 25, 04:30 AM October 25, 04:30 AM

The Biden administration released bad news for Democrats just two weeks out from the midterm elections, announcing late Friday that there had been 2.4 million border crossings by illegal immigrants in fiscal 2022 — a new record.

Republicans and some border state Democrats have hammered the White House since President Joe Biden took office over surging illegal immigration, saying the situation has dissolved into chaos and drawing a sharp contrast with low numbers of crossings under the Trump administration. That point was driven home by the new Department of Homeland Security data.

BIDEN DRAWS A LINE ON ABORTION. WILL DEMOCRATS FOLLOW?

The White House was put on the defensive at a bad time for Biden, who has tried to keep the focus on issues like abortion, student loans, and the dangers of "MAGA" Republicans rather than unfriendly topics like immigration and inflation.

"Over fiscal year 2022, 2.4 million encounters happened on the southern border," a reporter began in a question to White House press secretary Karine Jean-Pierre during Monday's press briefing. "Republicans have their arguments about that. What's the White House's explanation as to what happened and why?"

Jean-Pierre responded that falling regimes and economic collapse in Venezuela, Nicaragua, and Cuba are causing millions to flee those nations, which she said is impacting the entire Western Hemisphere thanks to a 245% increase in immigration from those three countries. She also accused Republicans of using the immigrants as political pawns.

But the press secretary also touted a newly announced Biden initiative to turn away Venezuelans at the southern border, noting how it successfully suppressed crossings originating from that country since being announced on Oct. 12.

"Since the launch of this joint enforcement action, we've seen the number of Venezuelans attempting to cross the southern border decrease sharply by more than 85%," she added. "We are doing the work every day to make sure that we deal with what we're seeing at the southern border."

Whether that program, along with plans to deploy troops from 25 states and U.S. territories to the border, can change perceptions just two weeks before Election Day remains to be seen.

Biden's approval rating on immigration is just 36%, with 60% disapproving, per the RealClearPolitics average. A NewsNation poll found that the public favors Republicans to improve the immigration situation by a 7-point margin. And while Biden loudly decried Florida Gov. Ron DeSantis’s (R) decision to fly immigrants from San Antonio to Martha’s Vineyard, Massachusetts, a Telemundo poll of Hispanic voters in Florida found that a majority of them (50%-43%) supported it.

The DHS figures released Friday indicated border crossings were up 27% over 2021, which was the previous all-time record, and 419% over Donald Trump's last year in office. Nearly 4.7 million immigrants have illegally crossed the border since Biden took office, which is roughly equivalent to the population of Louisiana.

GOPers also point to issues beyond the sheer number of crossings. For example, cartels made an estimated $13 billion smuggling immigrants across the border, and more than 850 immigrants died in fiscal 2022 while trying to cross, another record. Lastly, more than 10,000 pounds of methamphetamine was seized at the border in September, and fentanyl seizures set yet another new high.

Biden draws plenty of criticism from the Right over the issue, with his latest moves slammed as a last-ditch effort to save face with the electorate.

"Biden cares more about performative politics and his party's midterm chances than he does saving lives and addressing the humanitarian crisis Democrats created at the southern border," Republican National Committee spokesman Will O'Grady previously told the Washington Examiner.

The Border Patrol Union also called Biden's Venezuela move an ineffective public relations stunt.

Republicans are confident voters prefer their approach to immigration. A trio of Trump-aligned Hispanic women is hoping to flip three Texas border House districts, and buses sending immigrants to places like New York City have some Democratic big shots also calling on Biden to do more.

But the president is likely wary of drawing criticism from the other side, having seen former boss Barack Obama labeled the "deporter in chief" before leaving office.

Some criticism has already emerged on the Left, with National Partnership for New Americans Executive Director Nicole Melaku calling Biden's Venezuela program hypocritical.

"This decision comes after President Biden’s declaration less than a month ago that the pandemic is over, highlighting the hypocrisy behind the continuation of the so-called public health order," she said in a statement. "All people should have the right to seek safety and protection, not just a select few.”

Biden and Democrats can't let go of Florida despite GOP gains

Naomi Lim

October 24, 06:00 AM October 24, 06:05 AM

JACKSONVILLE, Florida — Democrats, including President Joe Biden, are not giving up on Florida despite the state’s marquee races becoming insurmountable for the party three weeks before Election Day.

Cook Political Report prognosticators this week updated Sen. Marco Rubio's (R-FL) reelection bid against Rep. Val Demings (D-FL) from "lean" to "likely" Republican. Meanwhile, potential 2024 presidential candidate Gov. Ron DeSantis (R-FL) has a record $100 million fundraising advantage over his opponent, former Gov. and Rep. Charlie Crist (D-FL). But that is not deterring Democrats from launching their national get-out-the-vote drive in the Sunshine State.

FIVE TAKEAWAYS FROM LONE FLORIDA SENATE DEBATE BETWEEN MARCO RUBIO AND VAL DEMINGS

From the economy to crime, education, and immigration, Democrats being “out of sync” with the majority of Floridians’ concerns has contributed to their struggles in the state, according to Florida Republican Party Executive Director Helen Aguirre Ferre.

“We have an advantage of voter registration over Democrats for the first time in Florida's history,” Aguirre Ferre told the Washington Examiner of Republicans' 2-point edge over Democrats. “We have nearly 300,000 more active registered voters who are Republican over Democrats, and that's absolutely significant.”

Florida has been slowly slipping out of Democrats’ reach, according to Florida Republican National Committee spokeswoman Julia Friedland. Former President Donald Trump precipitated that trend with his 2016 and 2020 election wins in the state thanks, in part, to his popularity among many Latino and Hispanic voters.

"As Democrat complacency grows in Florida, Republicans continue to dig deeper, making important inroads and taking no community for granted," Friedland said.

But days after first lady Jill Biden stumped for Crist and Demings in Orlando last weekend, Democratic National Committee Chairman Jaime Harrison began his national bus tour aimed at mobilizing voters in Jacksonville on Thursday. Crist was in attendance, but Demings was not. The former Orlando police chief is also not expected to appear alongside the president while he is in Fort Lauderdale on Nov. 1 for a Crist reception.

"Folks, y'all ready? You ready to do this thing? You ready to turn it up?" Harrison asked the small crowd. "They say Florida can't be flipped, but, my God, y'all gonna do it!"

Kobie Christian, a Florida Democratic Party spokesman, dismissed the idea that Democrats have to cede Florida. He described it as “a perennial swing state.” Remember, DeSantis “squeaked by with a small margin in 2018 that went to a recount,” Christian said.

“Keep in mind that there is nothing that DeSantis has done to reach out across the aisle or court moderate voters,” he added. “He’s only campaigned on the most extreme cultural issues, including an abortion ban that will be front and center for many voters.”

For Christian, Kansas's rejection of a ballot measure that would have removed the state's constitutional abortion protections last summer “demonstrated that issues matter more than voter registration.” He pointed, too, to the Florida property insurance crisis as another top priority.

Florida politics have morphed over decades due to population growth, public opinion on issues, party organization, money, and political leadership, according to University of Central Florida politics professor Aubrey Jewett.

"Florida's rapid political change over the last four years has been fueled by an influx of new conservative Republican residents, the leadership style of Trump and DeSantis, and a switch in political attitudes by Hispanic voters who have come to view the Democratic Party as socialist and out of touch with their everyday concerns," the Politics in Florida author said.

The RNC credits its success in Florida to its policies and grassroots organizing, knocking on more than 2 million doors to date this midterm election cycle and making more than 5 million voter contacts. In particular, it has invested in Latino and Hispanic outreach, including through the state's five community centers. The Doral and Tampa locations, for instance, are teaching staff and volunteers to prepare permanent residents for the U.S. citizenship test's civics component.

Simultaneously, DeSantis has addressed possible low Republican turnout as Florida recovers from Category 4 Hurricane Ian. The governor issued an emergency order last week that increased the number of early voting days and locations, as well as streamlined the vote-by-mail request process, in Charlotte, Lee, and Sarasota counties. Early voting now starts on Oct. 24.

The DNC underscored its funding and staff collaboration with the Florida Democratic Party, including dedicated black and Latino organizers, backed by a paid voter registration program among other technology and tools to help with phone calls and texting. Harrison has hosted a range of events, such as Latino, Haitian, Puerto Rican, LGBT, and youth listening sessions and roundtables.

In addition to the Senate and governor races, Cook Political Report identified three competitive House contests, though Republicans are bolstered by DeSantis and the GOP state legislature's redistricting. But the nonpartisan group considers Crist's old St. Petersburg, Clearwater, and Largo seat on Florida's Gulf Coast as Republicans' only flip opportunity, categorizing the 13th District to be "likely" GOP.

"The old boundaries of District 13 supported Biden over Trump by 4 points, 51.5% to 47.4%," Jewett said. "However, under the new boundaries, District 13 supported Trump over Biden by 7 points, 53% to 46%, a swing of 11 points."

Biden draws a line on abortion. Will Democrats follow?

Haisten Willis

October 23, 05:00 AM October 23, 05:00 AM

President Joe Biden offered some insight Thursday into his stance on abortion as Democrats focus on the issue ahead of the midterm elections, saying his view is contained in the text of the 1973 Roe v. Wade decision.

Many Democrats have been vague about what, if any, limits to abortion they support even while campaigning around their pro-abortion rights views, so Biden's statements will be closely scrutinized as a clue to the party leadership's thoughts.

IS THE WHITE HOUSE OVERUSING A FEDERAL LAW TO AVOID ANSWERING QUESTIONS?

"Yes. There should be," Biden said when asked if there should be restrictions on abortion. "It's Roe v. Wade. Read it, man. You'll get educated."

Biden made the remarks on the White House South Lawn before boarding Marine One, momentarily grabbing the reporter's microphone as he spoke. He then walked off without elaborating, leaving some ambiguity about what exactly he meant.

The text of the Roe ruling included the so-called trimester framework, whereby abortion restrictions were not allowed in the first trimester but could be implemented by states in the second and third.

"If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother," reads the majority opinion.

This raises the question of when viability, or the point at which a fetus can survive outside of the womb, is reached.

In 1973, it was generally understood to be 28 weeks, though there is no consensus. Technological advances have brought this number down, and some hospital systems now say they can sustain life as early as 22 weeks. This standard would be just seven weeks longer than the 15-week ban proposed by Sen. Lindsey Graham (R-SC) and decried by most Democrats.

Two bills have been introduced in Congress, with supporters of each saying they would codify Roe. The first, the Women's Health Protection Act, passed the House but was defeated 46-48 in the Senate. But its opponents say it would go far beyond Roe, eliminating the ability of states to establish any limits on abortion.

“It would set up what Roe allows, which is abortion on demand through all nine months, and it also prohibits states from having pro-life policies like informed consent, keeping tax dollars from paying for abortions, or conscience protections for health providers who don’t want to participate," said Melanie Israel, a policy analyst at the conservative Heritage Foundation. "It would effectively repeal over 500 different state laws which had been held as constitutional under Roe.”

Two centrists, Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK), introduced a more modest bill called the Reproductive Choice Act that they say would codify Roe, but it has found little support from Democrats.

With Congress stalled, both parties have made their case to midterm voters about abortion policies.

Biden spoke at a Democratic National Committee event Oct. 18 before a backdrop reading "Restore Roe" in block letters, during which he promised to sign an abortion bill on the first day of the next Congress if Democrats stay in power.

Vice President Kamala Harris has gone on tour in states including New Mexico, Minnesota, Texas, California, Nevada, Massachusetts, Indiana, Virginia, North Carolina, New Jersey, Pennsylvania, and Florida for meetings on reproductive rights, along with similar meetings with groups traveling to Washington.

"Republican Party leaders have made it clear: They want to ban abortion nationwide," Harris said in September. "And they won't stop there."

But when pressed, most Democrats haven't made clear if they would support any limits on abortion, leading Republicans to paint them as extremists who would support it for every month of a pregnancy.

"Val Demings supports abortion up until the moment of birth," her opponent, Sen. Marco Rubio (R-FL), tweeted last month.

The issue came up again during a debate when Rubio, who co-sponsored Graham's 15-week ban, said of Demings, "She still won't answer what specific limits. She has never voted for limits."

Demings said she endorsed "a woman's right to choose up to the time of viability" but did not name a specific time frame.

Ultimately, voters will now decide for the first time in 50 years what limits they support. A survey from Republican polling firm WPA Intelligence found that voters believe the Democratic Party's position is "more extreme" than the Republican position by nearly 2-to-1.

But Democrats think the issue will help drive turnout among their voters, and some party leaders even mark the Dobbs v. Jackson Women's Health Organization decision as the beginning of a rebound in Biden's presidency. Polling from the Kaiser Family Foundation found that abortion access is motivating majorities of Democratic women, women of reproductive age, and Democratic-leaning voters in states that have restricted the practice.

Biden says it would be 'irresponsible' to eliminate debt ceiling, as some Democrats want

W. James Antle III

October 21, 02:47 PM October 21, 02:47 PM

President Joe Biden said Friday it would be “irresponsible” to eliminate the federal debt ceiling, which is the maximum amount of money Washington can borrow by issuing bonds.

The comment came in response to a reporter’s question after Biden’s remarks on the economy turned into a blistering attack on what Republicans would do if they captured Congress in the midterm elections.

But some Democrats would like to take the debt limit out of Congress’s hands precisely to avoid a showdown over its increase after the elections that could lead to default.

BIDEN WIELDS INFLATION REDUCTION ACT AGAINST GOP AS INFLATION RAGES ON HIS WATCH

Treasury Secretary Janet Yellen has expressed support for scrapping the debt ceiling. Punchbowl News reported that some House Democrats are floating legislation to do just that in a lame-duck session of Congress after the election.

Debt ceiling fights figured prominently in the battles between President Barack Obama and congressional Republicans when Biden was vice president.

Democrats lost 63 seats and control of the House in the 2010 midterm elections. Republicans took the Senate in 2014, Obama’s second midterm election.

Biden looked to be girding for a similar fight with Republicans on Friday.

He declared that congressional Republicans have "made it clear they will crash the economy next year by threatening the full faith and credit of the United States."

Biden, who has proposed trillions of dollars in new federal spending since taking office but has only seen some of it passed into law, took credit for record deficit reduction. He positioned himself as fiscally responsible in contrast with reckless Republicans, who enlarged the deficit with tax cuts and spending.

At times, Biden seemed to be making a last push for Democrats to retain or even expand their slim congressional majorities, predicting the polls would swing back in their favor again before Election Day. But there was also a sense of resignation that Republican wins were coming and preparation for what was to come with new, more conservative members of Congress.

Republicans are heavily favored to take back the House. They would also need only a net gain of one seat to win the Senate majority, and there are at least six hotly contested races that could determine control of the chamber.

Almost immediately after the midterm elections, attention will shift to the 2024 presidential race. Biden has not yet said definitively whether he will seek reelection but has indicated he is likely to run if his health holds up. He will turn 80 next month.

The last two Democratic presidents have used midterm election setbacks to position themselves for reelection, attacking Republican congressional majorities as wild and extreme. Both Obama and President Bill Clinton won second terms under these political conditions.

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But Biden will have difficulty passing more legislation if Republicans win even one house of Congress. Losing the Senate would complicate filling executive and judicial branch vacancies, including any Supreme Court seat that could come open in the next two years.

The Senate map becomes even more challenging for Democrats in 2024 when they will be defending the White House. This year’s election takes place on Nov. 8.

'Supporting NATO': Biden defends Ukraine aid as House GOP warns no 'blank check'

Katherine Doyle

October 21, 01:48 PM October 21, 01:48 PM

President Joe Biden said U.S. support for Ukraine is essential to European and trans-Atlantic security against Russia, as some Republicans warn the spending could face hurdles after the midterm elections.

“If we’re supporting Ukraine, we’re supporting all of Europe. We're supporting NATO,” Biden told reporters at the White House Friday. “Do you think that Mr. Putin decides he's just going to deal with Ukraine and that's the end of it?”

Biden said he didn’t “understand the threat that [Republicans are] saying they may have to stop funding the Ukrainians in their war against this brutal dictator.”

MCCARTHY WARNS NO MORE ‘BLANK CHECK TO UKRAINE’ IF GOP CAPTURES HOUSE

Speaking at a political fundraiser in Pennsylvania a day earlier, Biden warned that the issue “is a lot bigger than Ukraine.”

“It’s Eastern Europe. It’s NATO. It’s really serious, serious consequential outcomes,” the president said, charging that Republicans who oppose the support “have no sense of American foreign policy.”

Biden’s comments come as House Minority Leader Kevin McCarthy (R-CA) said this week that if Republicans win control of the House next month, lawmakers will not provide a “blank check” to Ukraine.

“I think people are gonna be sitting in a recession and they’re not going to write a blank check to Ukraine,” McCarthy told Punchbowl News. “They just won’t do it.”

Republicans are forecast to take control of the House, recent polls suggest.

Biden warns Oz wants to undo ‘everything we have done’

Cami Mondeaux

October 21, 08:18 AM October 21, 08:18 AM

President Joe Biden warned voters that Dr. Mehmet Oz, who is running for Senate in Pennsylvania, would support “undoing everything we have done” if elected to Congress, criticizing the candidate for several of his policy standpoints.

During a campaign event on Thursday as Biden was stumping for Democratic candidate John Fetterman, the president used the rally to denounce who he refers to as “MAGA Republicans” — meaning GOP candidates who have centered much of their campaign on former President Donald Trump.

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“It’s a choice: What direction do you want to see this country going?” Biden said during the event. “The folks running this party are the MAGA Republicans. … They have a very different view about the government role.”

Biden’s comments echo previous sentiments in which he attempted to knock Trump-backed candidates ahead of the midterm elections, decrying “MAGA Republicans” during a speech at Independence Hall in Philadelphia in late August. The president went on to criticize Republicans in Congress for failing to back some of his legislative proposals, lamenting that “not a single Republican” voted in favor of reducing prescription drug prices as part of a provision in a COVID-19 relief bill earlier this year.

Instead, Biden praised Fetterman, lauding his stances on strengthening gun control measures and codifying abortion rights into law.

“I want to be standing next to big John when he wins because, John, you have character, pal, and it matters,” Biden said.

Fetterman is set to face off against Oz in November as the two battle to replace retiring Sen. Pat Toomey (R-PA) for Pennsylvania’s open Senate seat. The race has been considered one of the most competitive of the midterm cycle as it will help determine which party gains control of the Senate come November.

Is the White House overusing a federal law to avoid answering questions?

Haisten Willis

October 21, 07:00 AM October 21, 07:01 AM

While plenty of presidential administrations have run afoul of the Hatch Act, the Biden White House may be the first to run the risk of citing it too much.

The act, passed in 1939, prohibits government employees from engaging in overt political campaigning. Previous administrations, including several Trump White House officials and former Biden press secretary Jen Psaki, have drawn complaints of violating the act.

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But current press secretary Karine Jean-Pierre has been citing the Hatch Act repeatedly as the 2022 midterm elections approach, citing it as a reason she can't answer various questions from the press.

Jean-Pierre mentioned the Hatch Act six times during a press briefing on Oct. 17, saying it prevented her from responding to questions about Biden's travel schedule, why he didn't visit Arizona or Nevada during a trip to the West Coast, Senate candidate John Fetterman's (D-PA) health, and Sen. Raphael Warnock's (D-GA) views on the 2024 presidential election.

Such prolific use of the act could become problematic, argues Harvard Law professor emeritus Alan Dershowitz.

"It sounds to me like she's overusing it and arguably using it as an excuse to avoid answering questions," said Dershowitz. "Disclosing a schedule would not be a violation of the Hatch Act."

Dershowitz suggests that the White House release clear guidance saying what is and isn't allowed to prevent the act from being used on an ad hoc basis.

Presidential administrations often run afoul of the Hatch Act, usually due to ignoring it. A 2021 report from the U.S. Office of Special Counsel alleged that 13 separate members of the Trump administration violated the act by campaigning on Trump's behalf.

Trump-era Counselor to the President Kellyanne Conway may be the most notorious violator, saying that the Hatch Act would not "silence me" and adding, "Let me know when the jail sentence starts."

The Biden administration hasn't been immune either. Then-press secretary Jen Psaki drew a complaint from Citizens for Responsibility and Ethics in Washington, or CREW, after she appeared to endorse Terry McAuliffe for Virginia governor last year. She then became more cautious and responded to some questions by referencing the Hatch Act.

CREW's communications director, Jordan Libowitz, said he's satisfied with how Psaki handled the complaint and sees no problems with Jean-Pierre's handling of the act now.

"Between being overly cautious and being undercautious, we're definitely happy to see an administration be overly cautious," he said. "It can be kind of a slippery slope if you say, 'We'll ignore the Hatch Act in order to give more information.' The point of the act is to keep the partisan political electoral stuff separate from the taxpayer-funded stuff."

This view contrasts with Dershowitz, who argues that the First Amendment and transparency should incline a press secretary to favor disclosure over nondisclosure.

Jean-Pierre doesn't shy away from all political statements at the podium, regularly promoting Democratic priorities and attacking GOPers, whom she often calls "extreme" or "MAGA" Republicans.

"You’ll hear, in California and Oregon, the president draw a stark contrast between his and congressional Democrats’ plan to protect Medicare and lower healthcare costs and the MAGA Republicans in Congress’s plan put Medicare on the chopping block and repeal the Inflation Reduction Act, which will increase prescription drug costs," she said on Oct. 12, previewing Biden's West Coast trip.

Former Bush White House chief ethics lawyer Richard Painter says the key distinction is between criticizing a political party versus individual candidates.

"She can criticize Republicans in Congress for opposing the president's agenda, but she cannot disparage GOP candidates as such," said Painter, now a University of Minnesota law professor. "For example, I don't think she should be talking about [Pennsylvania Senate candidate] Dr. [Mehmet] Oz or [Georgia senate candidate] Herschel Walker."

Some reporters have begun countering Jean-Pierre by claiming their question doesn't get into Hatch Act territory.

"I understand you have the Hatch Act to consider," one reporter asked on Oct. 18. "But what I was curious about is: Even though we're seeing the president out there, he's been doing these smaller events with smaller audiences. He's been doing closed-door fundraisers with no photographers. Why aren’t we seeing big campaign rallies?"

Jean-Pierre responded by saying she couldn't answer.

"Look, I can't answer that question from here," she said. "It is an election — an election that's currently happening at this time, so I'm very limited to what I can say from the podium."

Walter Shaub of the Project On Government Oversight thinks the Biden administration is handling the situation well.

"Although we tend to think of the president as doing one job, he's really doing two different jobs, one as a government official and one as a leader of his party," said Shaub. "If an individual worked for both Domino's and Walmart, we wouldn't expect Walmart's spokesperson to comment on that individual's activities on behalf of Domino's. ... I have plenty of complaints about the ethics program right now, but the Hatch Act really isn't one of them."

For Biden, the campaign trail is infrastructure

W. James Antle III

October 20, 11:45 PM October 20, 11:45 PM

President Joe Biden is hitting the campaign trail in a slightly unorthodox way as he tries to help Democrats hang on to their slender congressional majorities in an election where they are at risk of a historic wipeout.

Biden is eschewing traditional campaign rallies and allowing vulnerable Democrats to avoid photo-ops that would likely further endanger them. But he is not staying holed up in the White House basement either, staying above the fray and avoiding headlines. He is attempting a delicate balance between throwing down-ballot Democrats a lifeline and tying them to an unpopular administration.

The president has been leveraging the power of his office by using executive order signings as an occasion to visit states where allies are on the ballot. He has also gone on a promotional tour advertising the benefits of various spending bills he has signed into law, which not so coincidentally fall in the backyards of those who are up for election, unlike himself.

Biden headlines Democratic National Committee fundraisers behind closed doors, avoiding the optics of sparsely attended public events or awkward grin-and-grips with candidates. But the appearances still allow him to raise money and give widely covered speeches amplifying the party’s main midterm election themes: the specter of former President Donald Trump and “MAGA” Republicans, dangers to democracy, the Supreme Court reversing Roe v. Wade and threatening other privacy rights, and the hypocrisy of GOP lawmakers who “vote no and take the dough” from his favored spending packages.

Case in point: Biden headed to Pittsburgh to tout the projects that would be funded by the bipartisan infrastructure law he signed last year. Then he trekked over to Philadelphia for a reception with Lt. Gov. John Fetterman, who is locked in a tight Senate race with Republican opponent Dr. Mehmet Oz.

Biden also went out to the West Coast. While more safely Democratic than the Senate swing state of Pennsylvania, Oregon’s gubernatorial election and several California House races are competitive. In Irvine, he signed an executive order aimed at lowering prescription drug costs and assailed GOP lawmakers for unanimously voting against the Inflation Reduction Act — “If Republicans take control, the prices are going to go up,” he claimed — with Rep. Katie Porter (D-CA).

The day before, Biden was in Colorado. He delivered a speech extolling the virtues of national monuments, and by the area around Camp Hale that he made over 400 square miles off-limits to gas and oil drilling in a state that is green-friendly — but not so reliably blue that Sen. Michael Bennet (D-CO), up for reelection this year, can afford to sleep on his GOP challenger.

But there are limits to how far Biden is willing to go with his strategy of wielding presidential power in the light of day and hobnobbing with DNC donors behind closed doors, often at night. Notice that his itinerary skipped Arizona and Nevada, which feature two of the closest Senate races in the country. At this writing, he hasn’t been to Georgia in weeks. He is headed to Florida, however, where polling suggests statewide races that are competitive but not quite so tight.

The White House balks at this characterization of Biden’s campaign schedule. “He's been on the road nonstop, and he will continue to be on the road nonstop,” protested press secretary Karine Jean-Pierre, who said the Hatch Act constrains her from delving too deeply into the president’s midterm activities. “And, you know, where he is needed, he will go.”

“It’s really a way to make the best of a bad situation,” a veteran Democratic strategist told the Washington Examiner. Biden, who was mostly able to avoid large-scale public events in 2020 because of the pandemic, is ranging between 39% and 46% job approval ratings in public polls. He is underwater by more than 10 points in the RealClearPolitics average. His numbers in many swing states are even worse.

The president can remind Democrats that some legislation has passed while the party has enjoyed unified control of the federal government; that more can pass, including filibuster reform, with as few as two additional Democratic-held Senate seats; that nothing much will pass if Republicans take even one chamber of Congress; that Dobbs v. Jackson Women’s Health Organization happened. He can’t get voters who disapprove of his performance in the White House to vote for the Democratic ticket, however.

Presidents Barack Obama and Donald Trump each held a dozen or more rallies in the month before their first midterm elections. Those were, however, major defeats for their respective parties. That’s what Biden is trying to avoid. Time will tell if he actually can.

Biden risks 'failure' on beefing up IRS for one big reason, former chiefs say

Katherine Doyle

October 20, 05:00 AM October 20, 05:00 AM

Former Internal Revenue Service commissioners are urging President Joe Biden to nominate a replacement to lead the agency before the term of current chief Charles Rettig expires next month, warning that a void at the top risks harming the agency’s performance at a sensitive time.

The delay could hamper Biden’s controversial overhaul of the IRS, which promises sweeping technology improvements for taxpayers and new resources to target tax cheats as part of the president’s plan to increase tax revenue over the next 10 years. It also poses a reputational risk to the agency as it prepares to deploy billions of dollars in new federal funding.

‘ETHICS NIGHTMARE’: TEMPORARY BIDEN STAFFERS RAISE FINANCIAL DISCLOSURE CONCERNS

“Not very long in the future, anybody, realistically, is going to be asking what are the improvements that are visible that the IRS is making now that we’ve provided funds,” said Charles Rossotti, IRS commissioner under Presidents Bill Clinton and George W. Bush.

“People think the IRS [is] like a machine that runs by itself,” Rossotti said. “It doesn’t. They’ll do the same thing tomorrow that they did today. But that’s not what’s expected when you provide a large increase in funding, and the funding was put there to improve performance.”

Republicans in Congress have already vowed to reverse the $80 billion budget infusion the IRS received from Democrats’ reconciliation bill this summer, questioning the agency’s promise to target “wealthy tax cheats” only.

Rossotti and former commissioners Fred Goldberg, Mark Everson, and John Koskinen issued a statement this week warning that “[u]ntil the position is filled, essential improvements to the IRS are at serious risk of delay, if not failure.” They were joined in the statement by Nina Olson, a former national taxpayer advocate for nearly two decades.

Rettig, appointed by former President Donald Trump, will finish his term on Nov. 12. His replacement will require Senate confirmation, one of two roles at the agency that Congress must approve. The second is the commissioner’s attorney post, which has been vacant since Biden was elected.

Lawrence Gibbs, a former IRS commissioner under Presidents Ronald Reagan and George H. W. Bush, said there is little hope of reforming the agency with no one at the helm.

“The organization, the IRS itself, responds to the guidance, the direction, the leadership of both the commissioner and the IRS chief counsel,” Gibbs told the Washington Examiner. “During the times you’ve had acting commissioners and acting chief counsels, the organization has just treaded water until a new commissioner and a new chief counsel could be appointed.”

He continued: “It takes a commissioner, and chief counsel that are appointed and confirmed to deal with the Congress, the rest of the administration, taxpayer organizations, media, all of the things that mold how the Internal Revenue Service is viewed, and that’s important in terms of people’s willingness to comply, and the ability of the organization to perform.”

Gibbs said this performance is crucial to the agency’s ability to help fund the government. “When we have a national debt that is in excess of our gross domestic product, ensuring that the revenue system works and works well, that’s got to be one of the priorities.”

The White House is preparing for turnover among some Cabinet and Cabinet-adjacent staff after the midterm elections, with two trusted advisers returning to scout out new appointees. But after Democrats’ yearslong push to increase the agency’s power and resources, the nomination delay has prompted questions about the administration’s focus.

Biden’s press secretary this week said she had nothing to share about a potential future nominee and disputed that the timeline would hurt the administration’s plans.

“It’s not going to slow down the overhaul of the agency,” Karine Jean-Pierre said. “We take this very seriously.”

The former commissioners told the Washington Examiner that they were not appeased by the response. While they support the increased spending, the Biden administration’s lack of action is worrying, they said.

“We are less than a month away. And we’ve heard nothing from the administration,” Gibbs said. “No names are being rumored at the present time. There’s silence.”

“It’s already October, and nothing has happened,” said Rossotti. “We all agree [the IRS] needs to be transformed and brought into the 21st century. We all believe it is possible to do this. But not without somebody in charge.”

Biden to announce 15 million-barrel sale from US emergency reserves

Breanne Deppisch

October 18, 07:30 PM October 18, 07:37 PM

President Joe Biden on Wednesday will announce the launch of an more 15 million barrels of oil from the Strategic Petroleum Reserve in December, a action that will come as the administration seeks to stabilize marketplaces and alleviate gasoline costs for buyers.

The new sales will proficiently full the 180 million-barrel drawdown from the nation's emergency stockpile initial introduced by the Biden administration in March — the largest and fastest a person-time launch due to the fact the stockpile was developed in the 1970s.

Speaking to reporters ahead of Wednesday’s announcement, White House officials stated Biden’s announcement will serve as a bridge to lengthen the SPR releases through December. Considering the fact that people drawdowns 1st began in Might, about 165 million barrels have been sent or set below contract.

BIDEN Setting up NEW OIL RESERVE SALE ANNOUNCEMENT THIS Week

Biden will also use his remarks to outline the administration’s plans to replenish the unexpected emergency stockpile when costs are at or beneath about $67 to $72 for each barrel, White Home officials claimed.

The news arrives as normal gas rates in the United States stood at $3.87 Tuesday, according to AAA, up from the $3.67 nationwide normal previous thirty day period, even though nonetheless nicely below their all-time high of far more than $5 a gallon in June.

White House officers mentioned Tuesday that irrespective of the recent uptick in costs, typical U.S. motorists will even now devote about $60 considerably less for every thirty day period on gasoline than they would have if price ranges had stayed at the June peak.

Biden will also use his remarks Wednesday to reiterate phone calls for oil organizations to cut down their financial gain margins and pass financial savings together to individuals, a get in touch with he has routinely made in the earlier.

White House officials observed Tuesday that outside the house marketplace gain margins are introducing far more than 60 cents to the ordinary gallon of gasoline and have performed a purpose in preserving the cost higher.

Far more releases could comply with. Administration officers have claimed they are looking at further profits from unexpected emergency crude oil reserves now that costs are growing all over again many thanks to variables this sort of as refining constraints and volatility tied to OPEC+'s the latest generation lower announcement.

Brain freeze: Herschel Walker hands Biden an ice product move

Daniel Chaitin

Oct 17, 05:58 PM Oct 17, 05:58 PM

Ga Senate prospect Herschel Walker gave a chilly response when requested to share any steps by President Joe Biden that he supports.

"Let me talk to you this concern, for the reason that if you are elected to the U.S. Senate, you are heading to have to get the job done with President Biden and Democrats in order to get nearly anything accomplished. So let me check with you: Can you title a single point that President Biden has accomplished that you assist?" NBC News reporter Kristen Welker asked him in an interview that aired on Monday.

Walker, immediately after a pause, alluded to Biden's penchant for ice cream. "He eats a great deal of ice cream," Walker replied.

When consistently pressed on whether there is just about anything policywise he supports, Walker did not have everything pleasant to say about what Biden has truly carried out.

"I concur with one matter, but he failed to do it," Walker mentioned. "When he said he'll be a unifier, we observed that he wasn't, [and] he known as the opposite facet names. So that is what I am expressing. It’s tricky for me to imagine about [what] he’s done."

Walker, a former football star, is operating as a Trump-endorsed Republican prospect hoping to unseat Sen. Raphael Warnock (D-GA).

Iran could deliver Russia 'more destructive weapons,' White Household implies

Katherine Doyle

Oct 17, 03:47 PM Oct 17, 03:47 PM

The White Property lashed out at Iran more than reviews that Tehran is weighing regardless of whether to present Russia with newly damaging weapons in the war versus Ukraine.

President Joe Biden’s press secretary pointed to reports of what appeared to be Iranian "kamikaze" drones utilised in an attack on Ukraine’s money on Monday and mentioned much better weapons could be on the way.

RUSSIA Carries on Attacks ON KYIV WITH IRANIAN 'KAMIKAZE' DRONES

“Iran carries on to lie about this,” Karine Jean-Pierre said. “Meanwhile, in accordance to these new reports, Iran is thinking about promoting nevertheless extra harmful weapons to aid an invasion they claim to oppose.”

The United States has imposed sanctions on Iran in reaction to the weapons transfers and will proceed implementing these, she extra.

Nationwide protection adviser Jake Sullivan warned in July that Russia was making ready to acquire weapons from Iran, together with drones. In September, he stated the U.S. was seeking for supplemental solutions to slow Iran's ability to manufacture weapons devices for sale to Russia.

The bombing marketing campaign Monday integrated drone and missile assaults aimed at civilian targets, according to a senior U.S. armed service formal.

Ukraine’s Defense Ministry reported Monday that it experienced shot down 37 Iranian-manufactured Shahed-136 drones and a few cruise missiles.

Look at: The Check out complains media not concentrating on Biden 'list of accomplishments'

Julia Johnson

October 17, 01:35 PM Oct 17, 01:35 PM

On Monday's broadcast of The Check out, the hosts puzzled how Democratic candidates could far better campaign as the midterm elections technique.

"Is this for the reason that the media isn't really focused on the accomplishments... exactly where is the disconnect?" host Whoopi Goldberg questioned, noting that numerous really don't assume President Joe Biden's steps are plenty of.

Host Sunny Hostin agreed that there is a "listing of accomplishments of this administration."

OBAMA IS Right: DEMOCRATS' ANTI-TRUMP FIXATION IS KILLING THEM

On the other hand, fellow host Alyssa Farah Griffin pushed back, conveying that voters are focused on paying out for needed items. "People are not emotion it," she mentioned.

In accordance to Goldberg, "the bash that is in electricity put jointly a take care of of the nation soon after four decades of [Trump], I imply, and they kind of set a whole bunch of stuff, and now persons are stating, perfectly, that is not very good enough ... That may possibly not be excellent plenty of that you preset almost everything. We want anything distinct."

The girls then reacted to former President Barack Obama's tips to Democrats to spend a lot less time on their opponents' rhetoric, and concentration on the troubles impacting voters.

Griffin mentioned that former President Donald Trump is not on the Nov. ballot and that ordinarily midterms are a referendum on the present administration.

Host Ana Navarro disagreed with the plan that Trump is not on the ballot, claiming that Trump-endorsed candidates throughout the state act as his proxies.

"[Obama] ran in opposition to john McCain. He did not run towards a 2 times-impeached insurrectionist" Navarro mentioned. "I don't know how you dismiss Donald Trump."

"It can be extremely tricky to not be indignant and outraged," she included.

Hostin chimed in that "men and women are involved about how they are heading to put foods on the table," agreeing with Obama.

Democrats urge retribution as Biden 'humiliated' by Saudi-led oil lower

Katherine Doyle

Oct 16, 06:00 AM October 16, 06:01 AM

A decision by Gulf electricity producers to lower oil output in the lead-up to the midterm elections has put the White Home at the center of a community spat with Saudi Arabia, leaving President Joe Biden “humiliated” immediately after his outreach to the kingdom this summer time.

The transfer has hardened Democratic opposition to Saudi Arabia, with Biden’s allies in Congress threatening in reaction to reshape the two countries’ decadeslong security partnership.

Even more roiling U.S.-Saudi relations is the kingdom’s declare that Biden sought to hold off the cut by one particular month for political factors. The White Household denied that domestic politics ended up a issue as it privately urged members of the OPEC+ oil producers coalition to reverse program. Citing the war in Ukraine, the United States accused Riyadh of siding with Russian President Vladimir Putin as tighter supply could guide to bigger electricity costs, a main resource of income for the Russian war economic system.

BIDEN LENDS Raise TO ‘SOON-TO-BE MS. MAYOR’ KAREN BASS IN LOS ANGELES

But higher power charges could also increase to the inflationary pressures hurting Biden and Democrats politically. Analysts warned before this 12 months that the president would require to protected months of sturdy economic information to persuade voters that he experienced handle of the concern.

Although Saudi Arabia has sharply rejected U.S. criticism of the cuts, in the course of an look on state tv this 7 days, one analyst conceded the “sensitive” timing of the move. A one particular-thirty day period hold off would pitch the up coming oil producer assembly inside of times of the November elections, also late to have much of an influence on selling prices and voters.

Struggling with a torrent of Democratic aggravation, Biden promised that the U.S. “will consider action” to reevaluate the U.S.-Saudi romantic relationship and vowed “consequences” for the kingdom.

“They’re in a bind, they want to do a little something important,” stated Aaron David Miller, a former State Division Center East analyst and negotiator.

In part, Biden's approach hinged on restoring ties with Saudi Arabia, a big oil producer and OPEC+ spouse whose generation output could enable convey down selling prices. Arriving in Jeddah, Saudi Arabia, this summer, Biden indicated he was hopeful for U.S.-Saudi cooperation. Nevertheless it drew backlash, a fist-bump with Crown Prince Mohammed bin Salman, the kingdom’s de facto chief, appeared to cement the optimistic experience.

That goodwill has collapsed as Biden prepares to deal with Us residents and allies worried about the price tag of foodstuff and strength this winter season.

“His individual credibility is on the line,” Miller stated of Biden. “The president has been humiliated.”

However there were being warning indications as Biden returned absent any generation assures. “This is a kiss-the-ring minute, and he walked away with absolutely nothing,” Miller said.

Saudi officers have argued that any production final decision is centered on projected offer and demand from customers. Washington disputes this assessment. Just after Riyadh educated the White Dwelling of its prepare, the Biden administration argued that a lower was unwarranted and recommended Riyadh delay its determination by a person thirty day period.

“We offered Saudi Arabia with investigation to demonstrate that there was no sector basis to reduce creation targets and that they could very easily hold out for the next OPEC assembly to see how issues created,” Countrywide Security Council spokesman John Kirby stated in a statement. The U.S. political landscape wasn’t a element, White House officers insist.

Biden's reaction to growing electricity fees has frustrated Republicans urging the administration to support enhance U.S. electricity generation. If Republicans secure command of Congress in the coming elections, the White House's managing of the challenge could prompt new inquiries.

For now, Democrats have urged Biden to scrap a long time of coverage, with Sen. Dick Durbin (D-IL) asserting that Saudi Arabia had “never” been a trustworthy U.S. partner. Senate Foreign Relations Chairman Bob Menendez (D-NJ) urged Biden to “immediately freeze all aspects” of U.S.-Saudi relations, which includes halting new arms sales.

Miller reported he was skeptical that Biden could do a great deal to alter the crown prince’s wondering.

“Whatever he does, I do not consider it is going to essentially change MBS’s calculations,” Miller claimed. “The reality is that we are only a single of MBS’s things.”

Check out: Raphael Warnock dodges question on irrespective of whether Biden need to run in 2024

Misty Severi

October 15, 03:28 PM Oct 15, 03:28 PM

Sen. Raphael Warnock (D-GA) sidestepped issues on regardless of whether President Joe Biden should operate for a second time period, emphasizing his emphasis on his have reelection initiatives Friday.

When asked no matter if he would assistance Biden for reelection, Warnock explained he experienced not viewed as who would be in search of the Democratic nomination in 2024.

“I’ve not invested a minute thinking about what politicians ought to run for what in 2024,” Warnock claimed throughout Friday's discussion in opposition to opponent Herschel Walker (R-GA). “Maybe this is difficult for people today to have an understanding of, simply because that is how politicians imagine. I believe that element of the issue with our politics right now is that it has turn out to be also considerably about the politicians. You’re asking me about who’s going to operate in ’24? The men and women of Georgia get to decide who’s going to be their senator in three times.”

WALKER EMPHATICALLY DENIES Paying FOR ABORTION IN Discussion WITH WARNOCK

When even more questioned about the president's mental condition, Warnock responded that he was not a "pundit." A poll in July exposed that 64% of voters felt that Biden need to not search for reelection.

Walker threw his support driving previous President Donald Trump must he run in 2024, proclaiming the previous president was a mate of his. Trump has not introduced a 3rd try at the presidency, but he is envisioned to make his conclusion next the midterm elections.

"Sure, I would. Enable me notify you, President Trump is my pal,” the Republican candidate reported. “And he [Warnock] won’t stand up for Biden, when he voted for him 96% of the time? Let’s be true.”

Walker also admitted Friday night that Biden received the election in 2020 irrespective of Trump's insistence that the election was stolen by way of voter fraud. The two candidates stated they would settle for the end result of their Senate race on Nov. 8.