CONGRESS
Dems locking down votes on police reform
They're close to securing the 216 supporters needed to
approve the sweeping measure.
By SARAH
FERRIS, HEATHER CAYGLE and JOHN BRESNAHAN
06/10/2020
05:38 PM EDT
House
Democrats are swiftly lining up support for their policing reform package,
including among their most moderate members, after mounting pressure from two
weeks of nationwide demonstrations over the police killing of George Floyd.
Speaker
Nancy Pelosi and top Democrats now expect to secure 216 supporters — the number
needed for passage on the floor — by the end of the week, coming roughly 48
hours after rolling out the legislation. Reaching 216 co-sponsors is necessary
but it is also symbolic — sending an unassailable message to Republicans and
any hesitant Democrats that this legislation can and will pass the House, and
push the Senate to act, too.
“We have an
opportunity,” Rep. Karen Bass (D-Calif.) said during the House Judiciary
Committee hearing on police brutality Wednesday. As chairwoman of the
Congressional Black Caucus, Bass has been leading the efforts to pass
Democrats’ policing bill.
“What we
saw in Minnesota — the slow, torturous murder of George Floyd by a uniformed
officer — was an outrage and a tragedy. What we have seen since then — millions
of Americans marching in the streets to demand justice and call for reforms —
it has been an inspiration,” Bass said.
The House
will return to Washington to vote on the bill June 25, a week earlier than
initially planned, Democratic leaders informed their members Tuesday. It’s a
speedy timeline, by Congress’ standards, for Democrats to coalesce so fully
behind sweeping legislation that would crack down on excessive force, enforce
strict transparency standards and demand accountability for officer misconduct.
Much of the
package had been drafted by the Congressional Black Caucus, by members who have
sought changes to policing for decades. Those senior black leaders — led by
former CBC chairman and chief deputy whip G.K. Butterfield (D-N.C.) — have now
taken the lead on the Democrats’ whipping operation, going delegation by
delegation and locking down supporters at a rapid clip.
That
includes intense outreach by the CBC to certain House Republicans,
specifically,retiring Rep. Will Hurd of Texas, the sole black GOP lawmaker in
the House. Hurd has been open to some of the Democrats’ proposals and joined a
demonstration in Houston to honor Floyd.
“Let us at
least try to be bipartisan or nonpartisan as we deal with this,” Pelosi told
CNN on Wednesday. “But if we cannot, reaching across the aisle, trying to find
a common ground, if we cannot, we must go forward with the strongest possible
legislation to make the biggest possible difference because we must make
change.”
House
Republicans have criticized Democrats for moving ahead on a bill without their
input. Democrats, however, counter that Republicans will have plenty of chances
to offer changes during a committee markup next week.
Senate
Republicans have mostly ignored the bill, choosing instead to draft their own
proposal and criticizing the more controversial provisions in Democrats’ bill,
like ending a policy known as “qualified immunity” that shields police officers
from civil lawsuits.
“I don’t
see how any of those things get to the finish line,” Sen. Tim Scott (R-S.C.),
the lone African American Republican senator, who is taking the lead on the GOP
bill, said Thursday when asked about Democrats’ bill.
The White
House is tentatively planning to endorse Scott’s measure and is drafting an
executive order that offers a framework for the White House’s police reform
goals, including language that could bar or limit chokeholds.
But
Democrats say they have been encouraged by some potential signs of bipartisan
dealmaking, including contact between Bass and senior officials in the White
House.
In
addition, the nation’s largest police union, the Fraternal Order of Police,
released a statement Tuesday night saying they were “heartened” at some aspects
of the bill — short of a ringing endorsement, but a signal that they’re willing
to engage in the process.
The
Democrats’ package has run into remarkably little resistance from its own
party, which has historically faced some internal divisions between the caucus’
liberal left flank and more centrist moderates over how to approach law
enforcement issues.
The bill,
while expansive, doesn’t go nearly as far as some activists have demanded and
steers clear of the national fight over “defund the police.” Senior Democrats
this week tamped down talk of the idea, lest it gain steam and overshadow their
reform bill. President Donald Trump and Republican campaign operatives have
also used the slogan to paint Democrats as anti-police.
Few, if any
Democrats, are expected to oppose the bill, and most will declare their support
by early next week, according to multiple sources. That includes dozens of
vulnerable lawmakers who represent districts Trump won in 2016 — and will again
be on the ballot with him in just six months.
Democratic
leaders have been keeping close tabs on the caucus’ most moderate members,
several of whom were initially hesitant to support the bill for fear of
blowback from powerful police unions. Bass held calls with the New Democrat
Coalition and Problem Solvers Caucus last week before the bill’s introduction.
And House Majority Leader Steny Hoyer also talked to the Problem Solvers on
Wednesday.
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The
legislative push comes as Democrats held their first hearing on police
brutality on Wednesday. In a cavernous room in the Capitol, Philonise Floyd
delivered forceful testimony about his brother’s killing at the hands of a white
officer in Minneapolis more than two weeks ago, which drove millions into the
streets to demand changes at the highest levels. Before his testimony, Pelosi —
who personally escorted him to his seat — assured him the police reforms bill
would pass her chamber, when he asked.
“The real
question is, do we care? And I believe this legislation is a good piece of
legislation that moves the ball forward,” Rep. Cedric Richmond (D-La.), a top
adviser for presidential nominee Joe Biden and a previous CBC chairman, said at
the hearing on Wednesday. “It is very easy to sit on the other side and let
perfection be the enemy of good. Or just sit back with inertia, and we never
move the ball forward.”
Some swing
district Democrats have privately worried about some parts of the bill — like
abolishing the “qualified immunity” doctrine — and the blowback from
influential police unions that would likely follow. White House press secretary
Kayleigh McEnany again called ending qualified immunity a “nonstarter” on
Wednesday although some libertarian-leaning Republicans have expressed openness
to the idea this week.
Other
Democrats still fear the package could be weaponized by the GOP as anti-police,
at a time when Republicans are seizing on activists’ chants to “defund” or
“abolish” the police. The GOP’s tactics were on display at Wednesday’s hearing,
though Democrats have almost universally dismissed those efforts.
“It will
put their lives at risk, won’t it?” Rep. Jim Jordan (R-Ohio) said of the
“defund the police” efforts as he questioned a GOP witness at the hearing.
“Just as importantly, because life is precious, it will put people’s life at
risk in the communities those law enforcement officers serve.”
Still, some
moderate Democrats have privately prioritized supporting the bill over local
politics, calling it, instead, a vote of conscience, according to multiple
sources familiar with their decisions. For one member, it was the first time
they hadn’t first run their position by local police unions — a rarity for an
endangered Democrat.
Several
vulnerable members like Rep. Abby Finkenauer, who represents eastern Iowa, and
Antonio Delgado, who represents upstate New York, signed onto the bill this
week. Many more of the Democrats’ so-called “frontline” members are expected to
announce their support before next week’s markup — with a clear message that
Democrats are not defunding or abolishing the police.
“There is
nothing in the bill that zeroes out police budgets. Nothing. When you’re
hearing folks talk about this piece of the conversation, it’s a strong one. But
let’s focus on exactly what the bill does,” Delgado, the first black member to
represent upstate New York, told MSNBC on Wednesday. “Let’s not focus on the
noise.”
Bass said
it was actually a good sign Republicans were focusing so heavily on the “defund
the police” chatter and not the actual substance of Democrats’ bill.
“They're
talking about defunding the police. The bill has nothing to do with that,” Bass
said Wednesday. “That doesn't have anything to do with what we're doing. So to
me, that means [I'm] hopeful that, you know, we might be able to get some
support."
Jake
Sherman and Melanie Zanona contributed to this report.

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