After she cast a vote against the motion to proceed to Mitch McConnell’s health care bill, Sen. Lisa Murkowski of Alaska received a threat from the Trump administration. The threat was delivered by the person most likely to strike fear into her, which in this case turned out to the Secretary of the Interior, Ryan Zinke. The Interior Department is very important to Alaska and important to Murkowski in particular because she chairs the Committee on Energy and Natural Resources and the Appropriations Subcommittee on Department of the Interior, Environment, and Related Agencies. She also serves on the Committee on Indian Affairs which oversees the Bureau of Indian Affairs which is an agency within the Department of the Interior.
Of course, this cuts both ways. If pretty much everything Murkowski does in the Senate has something to do with the Interior Department, it’s also true that she probably exercises more control over the Department than any other senator. A normal Interior Secretary would not mess with her. The only limit on her ability to exact retribution is her self-interest in maintaining a good working relationship.
A more astonishing aspect of this, however, is that the White House instructed Secretary Zinke to issue the exact same threats to Sen. Dan Sullivan who also represents Alaska but voted with the administration on the motion to proceed.
Alaska Sen. Dan Sullivan said the call from Zinke heralded a “troubling message.”
“I’m not going to go into the details, but I fear that the strong economic growth, pro-energy, pro-mining, pro-jobs and personnel from Alaska who are part of those policies are going to stop,” Sullivan said.
“I tried to push back on behalf of all Alaskans. … We’re facing some difficult times and there’s a lot of enthusiasm for the policies that Secretary Zinke and the president have been talking about with regard to our economy. But the message was pretty clear,” Sullivan said. The Interior secretary also contacted Murkowski, he said.
Here are some of the ways that White House can make things uncomfortable for the two Alaskan senators:
Efforts and issues on the line include nominations of Alaskans to Interior posts, an effort to build a road out of King Cove through the Izembek National Wildlife Refuge, and future opportunities to drill in the Arctic National Wildlife Refuge and expand drilling in the National Petroleum Reserve-Alaska, among other regulatory issues that are a priority for Murkowski and Sullivan.
The other Republican who voted against the motion to proceed is Susan Collins of Maine. She has a different profile in the Senate, so a different messenger may have been used to issue threats of retribution. I don’t know whether she was contacted or not. But both she and Murkowski now have reasons to seriously consider bolting the Republican Party and caucusing with the Democrats. Murkowski is already half an independent, having been defeated in the Republican primary during her last reelection effort and winning nonetheless on a write-in slate. Susan Collins comes from a state famous for successful independent politicians, including her colleague Sen. Angus King who caucuses with the Democrats and served as an independent governor of the Lobster State.
If he’s doing his job, Chuck Schumer is now working on packages he can offer these senators that would make their transition as comfortable as possible. This has been done in the recent past, with Tom Daschle wooing Vermont Senator Jim Jeffords to his side back in 2001, and Harry Reid doing the same with Pennsylvania Senator Arlen Specter during President Obama’s first term.
As I was thinking about this, it occurred to me that neither Murkowski nor Collins would have enough incentive to jump alone, but they might jump together because it would create a 50-50 split in the Senate. And then I recalled that there was initially a 50-50 split in the Senate after the 2000 elections, which created a unique power-sharing arrangement. It didn’t last because the Bush administration so badly disrespected Sen. Jeffords that he quit the GOP and gave the Democrats an outright majority that lasted until after the 2002 midterms.
I wanted to understand how that power-sharing arrangement worked, so I consulted the congressional record and refreshed my memory. The story was a lot more interesting than I expected, so I’ll share some of it with you now.
The context was the contested 2000 presidential election which left the Democrats’ seething at the Supreme Court, the Senate evenly split, and partisan feelings at a modern-day high. The Republicans insisted that the true split was 51-50 in their favor since incoming Vice-President Dick Cheney was constitutionally empowered to break ties. The Democrats pointed out that the Constitution allowed the vice-president to break ties on votes on the floor, but not in committees. They insisted that the real split was 50-50 and that all committees, office space and funding had to be evenly split.
A compromise was struck between Trent Lott and Tom Daschle in which everything would indeed be evenly split but Lott would become the Majority Leader and Republicans would be the chairpersons on the committees and subcommittees. If a tie occurred in a subcommittee, it could still be advanced to the full committee, and if a tie occurred on a full committee, it could still be advanced to the floor.
Even some of the more moderate Republicans, like Sen. John Warner of Virginia, objected to this deal on the premise that if he were to take the responsibility of a chairman he ought to have the ability to advance bills without a partisan logjam. But Lott convinced them to relent, correctly assessing that nothing would get done in the Senate if the Democrats weren’t appeased.
There wasn’t much precedent for figuring out what should happen because, at least in modern times, the Senate had never been evenly split after an election before. But there was a situation that came close in 1953.
After Dwight Eisenhower was elected President in 1952, the Republicans took control of the Senate for the first time since 1932, but by the narrow margin of 49-47. Ohio Sen. Robert Taft became the majority leader. Before long, though, Sen. Wayne Morse of Oregon had a major disagreement with the Eisenhower administration, announced himself an independent, and tried to insist that he would not caucus with either side of the aisle but take his committee assignments from the Senate “as a whole.” When he discovered that this was magical thinking and he would get no committee assignments, he decided to caucus with the Democrats. This created a 48-48 split.
Shortly thereafter, Sen. Taft succumbed to cancer and the Democratic governor of Ohio appointed Thomas Burke to serve in his place. This then caused a 49-47 Democratic majority. As you might expect, the Democrats expected to take control of the Senate at that point, but it didn’t happen.
This is how Utah Sen. Bob Bennett explained it during the debate on the organizing resolution in January 2000.
Now this was the situation: Because the Republicans had organized the Senate with 49 Senators to begin with, they had organized it with a Republican majority on every committee. They held that Republican majority on every committee until Senator Taft died, and it switched.
At that point, Senator Morse–this I do remember–said, A, he had been elected as a Republican and, B, the Republicans controlled the administration and, therefore, in order to prevent the new President from being frustrated in his opportunities to get things through, he would, even though he had denounced his Republican party membership, vote with the Republicans on organizational issues, giving the Republicans 48, the Democrats 48, and with Richard Nixon in the chair giving the Republicans 49.
Here is the key point. Under those circumstances, the Democrats said: We will not ask for a realignment of the committees. We will allow the majority that was there on the committees to be maintained through the balance of this Congress.
So it was 48 Democrats, 47 Republicans, and 1 Independent, with the Independent vowing to vote against any organizational resolution the Democrats might bring forward, and of course Vice President Nixon would vote also that way, so the Republicans, even though they had only 47 seats, in a 96-seat Senate, maintained the chairmanships and a 1-vote margin on every committee.
Obviously, everything about what happened in 1953 was just slightly different from what happened in 2001. The most consequential difference was that the Senate started out split in 2001. The other very important difference was that Jim Jeffords wasn’t as charitable as Sen. Morse had been after his defection.
If Murkowski and Collins were to split the party now, the precedent would be more like 1953 than 2001 because the Senate has been organized with a Republican majority, not to accommodate an even split. However, if they were to vote with the Democrats on organizational matters, the precedent would also resemble 2001.
These precedents are key to gaming this scenario out correctly, because the Republicans would surely point back to 1953 as the only meaningful precedent, and with justification. They would argue that they they should retain majorities on all the committees and their better office space and higher levels of funding because that’s what had happened the last time even though in that case the Democrats eventually attained an outright majority.
The Democrats would argue that 2001 was the more appropriate precedent and point out that Morse’s decision to vote with the Republicans on organizational matters was discretionary and not the basis for a binding precedent.
Today’s Republicans would not likely yield on these issues and reach a compromise, at least not initially. And that makes it a little harder to recruit Murkowski and Collins in the first place, because they’d more clearly be moving from the majority to the minority.
So, there you have it. That’s all I can tell you about what would happen if Trump’s threats caused the Republicans to lose their majority in the Senate. Schumer should be working on it nonetheless, because it would improve his ability to stymie the Trump administration and make it more possible to win a majority after the 2018 midterms. But even if the effort were successful in the short-term, its impact probably wouldn’t be all that we might hope.
Interesting. I was just pondering this myself this morning. But you give great context.
So let me ask: Could there be a third Senator? That would change the calculation enormously. And, if so, who would be the most likely one?
Can’t think of one.
I am pushing Capito to do this.
good luck with that. her constituents are among the most pro-Trump in the country, as you know.
what about Heller?
This scenario isn’t happening, so the question is moot.
Threatening wayward senators is about the most conventional thing the Trump Administration has done, though they are fools to let it get public.
Collins was never a yes on this. Murkowski has yet to break 50, but Alaska is hardly a Democratic State.
Neither is really in the same situation as Jeffords. Jeffords was off the GOP reservation as far back as 1980 when he endorsed Anderson. He was, I think it is fair to say, the most popular politician in modern Vermont History after George Aiken (yes, that includes Bernie).
The Stafford-Jeffords wing of the Party was far more vulnerable in primaries than in general elections. If there is any parallel to Collins that would be it. Jeffords was far safer as a Democrat than a Republican. Though honestly, no one was beating Jeffords.
There is an interesting background about New England Republicans, and how a few families dominated the politics in many of those states in the years after 1900 that I do not have time to write. But there is a bit of similarity there with Murkowski as well (see Lincoln Chaffee)
Had Chafee followed Jeffords lead in 2001, he wouldn’t have been ousted in 2006. He really was one of the more thoughtful Senators.
When I call my senator, Capito of WV, I have started suggesting this to her as well. My pitch is that there is very little political distance between her and Manchin, and surely she is getting tired of being in a party that is not interested in governing and is trying to hurt West Virginians.
Trump won W Va by 47.
I might not make that argument.
I like that you’re doing that. Suggestion: also can ask her to bring her constituents along so they begin to understand that T is not taking the direction they thought he would when they voted for him.
In a perverted sense this move could save the Senate for the Rep. These two strong willed Senators could leverage their votes with immense power and reverse course on McConnell’s power grab to force agendas without compromise.
Tantalizing thought experiment.
If Lieberman can become an independent, why not McCain. He’s not going to run again and it sure seems like he’s not pleased with how things are going. Anyone know of the relationship between him and Schumer?
McCain is and always has been a loyal Republican tool. He has successfully created and maintained an image of independence based on zero facts. Once in a while he says something slightly critical, but that’s talk never backed up by voting.
There never was any substance to McCain’s “maverick” image. His behavior since returning from surgery this week further bears that out.
Ain’t never guh happen. NEVER.
McCain will literally go to the grave voting straight down the line GOP, like the good little GOP tool he is, was and always will be.
You can totally bank on that.
Perish any thoughts or notions you have that McCain might somehow be secretly liberalish or maverick-y because he’s not.
The other day on the Senate Floor? McCain Grandstanding as usual. Nothing more, nothing less.
Any talk of Collins defecting mut be colored by the fact that she is reportedly seriously considering the ME governor’s race in 2018. I have not heard anything lately about where that stands.
On the one hand, I can’t imagine she would want to bother making such a brash move, with major political ramifications, only to leave the Senate and head back home to Maine.
On the other hand, if she is thinking longer-term, maybe the thought of being in a sane party, which is liable to be in the majority going forward, with a whole bunch of women in the caucus, might be enough to make her consider staying in the Senate?
She wouldn’t become a Democrat but an Independent that caucuses with the Democrats. Like King.
Collins is in a similar position to that of Jeffords in 2001; so, it wouldn’t hurt her.
It would be very gutsy for Murkowski to defect — but her approval rating is strong, and gutsy plays in AK.
Based on in-state approval rating, McConnell is near the bottom at 41%, but he’s a GOP true believer and his home state is red enough to keep him in the fold.
McCain and Flake are at the bottom of the barrel, but we can forget about them. The only remotely possible Senator that could be targeted is Heller (NV).
Oh Alaska. The land of faux rugged individualists queued up for their annual checks from the State of Alaska (oil money) and all the subsidies flowing from the federal government, too. But they’ve persuaded themselves about this rugged individualist bullshit. Does that mean they would respect Murkowski jumping ship? Or does their rugged individualism extend more to contempt for people in trouble who might need help (Medicaid, say)? “It’s their own damn fault.”
I don’t know. Interesting to speculate….
Without going into the probabilities of this situation, Mr. Longman has done great job of researching the background and gaming out the resulting situation. If these events transpired, however, there would be other things to consider, such as McCain’s health. It’s not clear either how long he will be able to function as a Senator, or how willing he would be to resign. A likely answer to the second question is “Not very,” since he after all chose to seek re-election last year at 80 years of age. If McCain could not show up consistently but refused to resign, the Democrats would have functional control of the Senate floor, if not of the committees — which, among other things, would ensure a lot closer scrutiny of appointments.
Indeed. I read this blog because Booman presents these scenarios in a clear, readable fashion. I don’t expect him to have a foolproof crystal ball.
Murkowski is showing the donald the correct way to take a hostage.
I think what happens in 2018 is what matters most here. If Dems lose seats, there’s no point in jumping ship. If the Dems can net one seat, then Murkowski and Collins can arrogate to themselves immense power by turing independent and caucusing with the Dems.
So I don’t think there’s any point in them moving till after the election.
Very good point. I don’t see the cost-benefit of switching affiliation pointing in the pro-switching direction at this time.
They both voted to nuke the filibuster. They both voted to confirm Roberts, Alito and Gorsuch. Until they actually cast a vote that brings pain to their caucus, they are what their record says they are and fuck them both. There is as much of a chance of them flipping as I have being in a three way with Charlize Theron and Marisa Tomei.
Collins + Murkowski by themselves won’t flip the Senate. To flip the Senate, you have to alter the organizing resolution, and as long as the Republicans have 50 + Pence, they win the floor fight. It’s only possible for them to flip the Senate if a third Republican Senator at least abstains. If McCain couldn’t vote, it would become possible but the politics of that would be atrocious.
On top of that, while I could (with difficult) imagine Collins switching, I don’t think Murkowski would. The most we could get is that if McCain is incapacitated they might revolt against McConnell and support the Democrats unofficially on procedural matters.
I don’t understand this at all. Everything would depend on whether both Senators would vote with Democrats on Senate control.
If not, then what good is it having them in the caucus? On what issues would their being a nominal “Democrat” matter?
If so, then the Dems get to 50 and the Senate is deadlocked. Technically, Darth Pence would break the ties, but we’ve seen that in practice the GOP caucus simply cannot get themselves to vote together on anything really. They’ve got a bunch of other “squishes” like Sen. Johnson nervously eyeing his election.
If both defected, then those imbeciles automatically become the “moderates”. They would gain a lot of power in that situation because the GOP would need every Senator just to maintain control at all.
And that’s not taking into account that John McCain isn’t getting better. And you can bet he’s not resigning. He’s going home to die and that will take months. And during that time he’s not going to be well enough to fly back to Washington again. And nobody is going to try and force him out if he wants to remain with the dignity of being a United States Senator.
So, when if ever does he resign? That alone screws them royally since they’re down to 51 even without any defections.
But, those defections will never take place. Neither of that worthless duo will ever do anything like as brave.