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Gabrielle Canon in Oakland (now) and Ben Jacobs in Washington (earlier) and Erin Durkin in New York (earlier)

Congress passes deal to avert shutdown as Trump plans emergency declaration to build wall – as it happened

Follow the latest developments on our new live blog.

Summary

Happy Valentine’s Day everyone, it’s been a doozy. Here’s what happened today:

  • Congress passed a bipartisan agreement preventing the government from shutting down. Trump has pledged to sign it. The bill gives him $1.375bn for his border wall, far less than the $5.7bn requested, and the president is planning to declare a national emergency to get more funding.
  • Details on the declaration are scant but critics from both parties were quick to oppose the move, and reportedly, it will not get through the courts, at least on the first try. Trump administration officials told reporters they plan to win in an appeal.
  • Trump has gained some weight since his last official physical and based on the weight provided by his doctors, the president is now considered obese.

Shutdown averted: Congress approves border security agreement

The House passed the spending package tonight with a vote of 300-128, following the Senate’s approval in a vote of 83-16. The majority of Republicans opposed the bill, with 109 voting no.

The border security compromise, tucked into a sweeping, 1,159-page spending bill, would appropriate $1.375bn for 55 miles of new fencing along the border with Mexico, which is far less than the $5.7bn Trump sought for a concrete or steel wall.

The bill next goes to the president, who said he would sign it on Friday preventing a second painful government shutdown, but announced he had plans to declare a national emergency as a way of funding his long-promised border wall with Mexico.

The House is now voting on the bipartisan bill passed by the Senate that will keep the government open. More to come soon!

Updated

Today the Senate confirmed William Barr as attorney general, over concerns by Democrats that he will not properly oversee the investigation into the Trump campaign’s connections to Russia.

This afternoon, Matt Schlapp — who chairs the American Conservative Union and whose wife Mercedes is the White House director of strategic communications — raised eyebrows with a tweet suggesting there might be merit to those fears.

“Tomorrow will be the first day that President Trump will have a fully operational confirmed Attorney General,” he tweeted. “Let that sink in. Mueller will be gone soon”.

Former Starbucks CEO and current presidential hopeful, Howard Shultz, offered Democrats the chance to get him off the ballot today, saying that he’d abandon his campaign if a centrist is nominated, the Washington Post reports.

Shultz hasn’t yet officially announced his bid for 2020, but has been vocal about his plans to run as an independent:

Schultz, who made the comments while visiting The Washington Post, has premised his exploration of a presidential campaign on the assumption that Democrats are likely to nominate a candidate that embraces what he calls “far-left” ideas that will turn off enough moderate voters to open space for an independent candidate.

He has paid for internal polling that he says suggest he would be competitive in a three-way race against President Trump and a liberal Democratic candidate such as Senator Kamala Harris, Senator Elizabeth Warren, or Senator Bernie Sanders”.

Report: National emergency declaration would be blocked in courts

The president has not yet announced details on his plan to declare a national emergency, but according to ABC News the Justice Department warned the move would be blocked temporarily in the courts. The Trump Administration hopes to move forward through appeal, an official told the news network.

Lawyers at the White House, the Department of Homeland Security and at the Pentagon have been working for weeks to iron out different options the president would have to obtain funds for his border wall.

By declaring a national emergency at the border, the president could potentially free up billions of dollars to begin work on construction of a southern border wall. Much of that money would be pulled from the Department of Defense”.

Updated

Democrats are preparing to take on the Trump Administration if he moves forward with his national emergency declaration, the Washington Post reports.

Representative Jerrold Nadler, who chairs the House Judiciary Committee, told the Post today that a joint resolution will be coming soon, that will force Senate Republicans to vote on the president’s divisive and unpopular plan:

‘This is a gross abuse of presidential power’ Nadler said of the news that Trump would declare a national emergency to try to move money around to fulfill his campaign promise. ‘This is an attempt to overturn the basic constitutional doctrine of separation of powers. Congress has the power of the purse. It cannot be tolerated’.

Should the Senate fail to adopt the resolution, or should Trump veto the text, Nadler said ‘we’ll probably go to court after that’. House Democrats, anticipating the president’s move, have discussed a potential legal challenge for what they see as executive overreach”.

Details around Trump’s national emergency declaration are still scant but the President has called a “lid” for the evening, meaning no more news will be released by the White House for now.

Puerto Rico’s governor Ricardo Rosselló threatened a lawsuit against the Trump Administration if the president moves forward with a plan to declare a national emergency to get funding for his wall that diverts funding from disaster relief.

The president has promised that his plan won’t rely on funds appropriated for disasters.

For a better understanding of what will happen if Trump declares a national emergency, here’s an explainer from my colleague Tom McCarthy, answering key questions:

In the midst of a busy news day, the White House released its second health assessment on the president showing that he “remains in very good health” even though he has put on a few pounds, the Washington Post reports:

Trump, 72, stands 6-foot-3 and weighs 243 pounds, making him overweight, according the memorandum. The president’s weight was reported as 239 pounds last year, and he was advised to watch his diet, exercise more and lose weight.

In the past year, doctors increased Trump’s dose of rovusastatin, a drug used to lower the president’s cardiac risk.

Trump received the Pneumovax 23 and Shingrix immunizations, Conley wrote”.

Though the findings minimized Trump’s weight, the gains pushed the president past the point of overweight and into the Centers for Disease Control and Prevention range for obesity.

The president’s BMI was also calculated with his height listed as 6’3, a number that was questioned last year during Trump’s first health assessment.

Gabrielle Canon here, taking over for Ben Jacobs for the evening.

Conservative lawmakers Senator Marco Rubio and Senator Rand Paul have rebuked the President’s plan to sign the spending bill that would keep the government from shutting down again, and then declaring a national emergency to fund his border wall.

“We have a crisis at our southern border, but no crisis justifies violating the Constitution,” Rubio said in a statement, promising he would not “support using devastated communities in Florida as pawns for some future legislative deal”.

Senator Rand Paul responded on Twitter, voicing his opposition for the move.

Summary

  • President Donald Trump announced that he would sign a compromise bill funding the government but also that he would declare a national emergency in a effort to build a wall on the United States’s southern border
  • The compromise government funding bill passed the Senate by a margin of 83-16. It is expected to be approved by the House later tonight
  • William Barr was confirmed by the Senate to be Attorney General by a vote of 54-45
  • Democrats released the criteria for the first two presidential debates of 2020. They will have up to 20 candidates participate in each debate.

Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer have issued a joint statement about President Donald Trump’s planned declaration of a national emergency

Declaring a national emergency would be a lawless act, a gross abuse of the power of the presidency and a desperate attempt to distract from the fact that President Trump broke his core promise to have Mexico pay for his wall.

“It is yet another demonstration of President Trump’s naked contempt for the rule of law. This is not an emergency, and the president’s fearmongering doesn’t make it one. He couldn’t convince Mexico, the American people or their elected representatives to pay for his ineffective and expensive wall, so now he’s trying an end-run around Congress in a desperate attempt to put taxpayers on the hook for it. The Congress will defend our constitutional authorities.”

Beto O’Rourke is heading to Wisconsin for a closed press event in Madison at the University of Wisconsin.

Trump ally Lindsay Graham endorses his declaration of a National Emergency

The Senate just passed the government funding by a lopsided margin of 83-16. The 16 against were a mix of ardent conservatives and Democrats running for President.

Details of President Donald Trump’s physical last week were just released. Trump now weigh 243 pounds, four more than he weighed last year.

The DNC has released its criteria for the first two debates.

They will have room for up to 20 candidates who meet one of two criteria, getting 1% in three qualifying polls before the debate or raise money from 65,000 unique donors and a minimum of 200 donors per state from 20 different states.

Updated

Sarah Sanders was just asked by reporters about potential legal challenges to a national emergency declaration.

We’re very prepared, but there shouldn’t be [legal challenges]. The president’s doing his job. Congress should do theirs.”

A procedural vote to advance the government funding bill just passed in the Senate by a veto proof margin.

Nancy Pelosi is keeping her options open on Trump’s planned declaration of a national emergency.

The White House has issued a formal statement on the government funding bill and the national emergency declaration

“President Trump will sign the government funding bill, and as he has stated before, he will also take other executive action - including a national emergency - to ensure we stop the national security and humanitarian crisis at the border. The President is once again delivering on his promise to build the wall, protect the border, and secure our great country.”

McConnell interrupted Senator Chuck Grassley to speak on the floor and Grassley was not happy.

House majority leader Steny Hoyer just weighed in on the announcement that Trump would declare a national emergency in an interview with MSNBC.

I think declaring an a national emergency where there is no national emergency is not good for the president to do and not good precedent for future presidents.

Updated

A million-dollar Balinese-style temple that will be burned to ground in May was a gathering point for students of Florida’s Marjory Stoneman Douglas high school on Thursday as they remembered their 14 classmates and three teachers killed a year ago today in one of the nation’s deadliest mass shootings.

The Temple of Time, an ornate giant wooden palace designed by the California-based artist David Best, and built with the aid of a $1 million grant from Bloomberg Philanthropies, was erected in neighbouring Coral Springs as a temporary memorial for the victims of the Parkland shooting. By early afternoon Thursday, dozens of MSD students and their families had arrived to write messages on the temple’s plywood walls or lay flowers and other momentos.

The solemn gathering was one of a number of commemorative events in Parkland and neighbouring cities on the first anniversary of the tragedy. Thousands were expected to attend an interfaith service later in the day at Pine Trails Park, site of the official memorials and a vigils one year ago.

In the tradition of many of Best’s other works, including at the notorious Burning Man festivals in Nevada, the Coral Springs temple will be set alight in late May in “the burn”, which the artist says is “a casting off of the demons of pain grief and sorrow.”

“We couldn’t call it a temple of healing, I don’t have that power,” said Best, who was emotional as he hugged many of the students. “The process of healing takes a long time.”

Trump to sign government funding bill and declare national emergency

Senate Majority Leader Mitch McConnell just announced on the Senate floor that President Donald Trump will sign the government funding bill but will also immediately declare a national emergency in order to try to build a border wall at the same time.

Kamala Harris just picked up another key congressional endorsement.

Congresswoman Barbara Lee of California just endorsed Harris’s presidential campaign. Lee, a vocal progressive, is the first member of the Congressional Black Caucus to endorse. Further Lee’s backing will shore up Harris with those on the left of the Democratic Party who have been critical of Harris’s career as a prosecutor.

CNN reports that Donald Trump may not sign the bipartisan compromise to keep the government open after all.

Conservative critics of the bill have become more vocal in recent days. Without new legislation, the government will shutdown again at 12:00 AM Saturday morning

The House of Representatives will be short one member for the near future.

Illinois Republican Adam Kinzinger was deployed to the U.S. Mexico border this week. A member of the Air National Guard who served in Iraq and Afghanistan, Kinzinger will miss House votes for the duration of his deployment.

The Senate unanimously backed a bill to make lynching a federal crime earlier today.

The same bill passed the Senate last year as well but never received a vote in the House. It is expected to pass the lower chamber and reach Donald Trump’s desk this year.

Joe Biden met with California Democrat Dianne Feinstein today about a potential presidential bid. Although Biden didn’t commit to a run, Feinstein thinks he will launch his third presidential campaign.

Milwaukee is getting a strong push to be the site of the next Democratic National Convention from elected officials across the Midwest.

Not just Wisconsin politicians but elected officials and business leaders are pushing for Milwaukee to host the convention.

Hillary Clinton notoriously did not visit Wisconsin during the 2016 general election before losing the Badger State to Donald Trump in November.

The city is one of three finalists for the 2020 convention along with Houston and Miami Beach.

Laura Ingraham, a prominent conservative media figure and primetime host on Fox News is now urging Trump to veto the government funding deal.

The vote on William Barr’s nomination has finally finished. Three Democrats ended up voting for him, including Doug Jones from Alabama, who faces a tough re-election bid in 2020.

Funeral services were held in Washington today for John Dingell, the longest serving Congressman in American history. The Michigan Democrat spent nearly sixty years in the House of Representatives.

Both former President Bill Clinton and former Speaker John Boehner spoke at the services.

The White House has issued a statement bashing Andrew McCabe. This follows Trump’s tweets this morning.

William Barr confirmed as attorney general

The vote is still open in the Senate. However, Trump’s nominee to be attorney general has received enough votes so far to be confirmed.

So far, only two senators have broken party lines. Republican Rand Paul of Kentucky voted against Barr’s confirmation and Democrat Joe Manchin of West Virginia voted for it.

Updated

There’s reporting that Clarence Thomas is mulling retirement from the supreme court. The 70-year-old has spent nearly 30 years on the court and is the longest serving current justice. If he retires before 2020, a replacement would be nominated by Donald Trump and only require a simple majority in the GOP-controlled Senate.

Updated

Presidential candidates are now hitting the “soup supper” circuit in Iowa and showing up at local county Democratic party fundraisers.

As Iowa Starting Line reports:

The Monroe County Democrats will hear from Amy Klobuchar, John Delaney and Eric Swalwell this Sunday in Albia at their annual Spaghetti Supper fundraiser. It’s one of the Minnesota senator’s first events in Iowa since her campaign announcement last weekend. Swalwell is expected to kick off his presidential bid sometime soon.

Just up the road a few hours before that, the Marion County Democrats have Klobuchar and Delaney at their Presidents Day Soup Lunch in Knoxville.

The following weekend the Story County Democrats welcome a lineup of Kamala Harris, Julián Castro and John Hickenlooper at their annual Soup Supper fundraiser in Ames.

Updated

After deleting his mysterious tweet, Trump now has a fuller tweet about the funding bill that still leaves his intentions cryptic.

Updated

The President has a mysterious tweet about the funding bill. Is it an omen or just a typo?

Four newly-elected left wing members of Congress say they will vote against the compromise to keep the government open because it increases funding for the Department of Homeland Security.

Democrats are increasingly breaking ranks on procedural votes in the House of Representative. In particular, newly elected moderate freshmen are voting with Republicans to avoid political attacks.

Politico reports:

House Democrats have repeatedly faced surprise Republican floor attacks since taking control of the chamber, part of a bid by the GOP to target their most vulnerable members and fracture the party. Just six weeks in, the GOP effort has been an astonishing success – dividing Speaker Nancy Pelosi and her top deputies and pitting members of the freshmen class against each other.

At issue is a wonky procedural tactic that Republicans have weaponized to split Democrats on a range of thorny issues, from sexual abuse to anti-terrorism funding. Roughly two dozen Democrats have so far bucked their party and sided with Republicans on the votes, which offer the House minority one last chance to shape legislation on the floor.

Updated

Pence: Trump 'not happy' with government funding deal

Speaking to reporters in Warsaw, Poland, Vice-President Mike Pence said Trump is “not happy” with the government funding deal expected to be approved by Congress today.

The president and I have spoken several times during the course of the trip. I know the president is still evaluating the bill that the conference committee has produced. I think he’s been very clear that he’s not happy with it. Seeing less than $1.4bn in border wall funding I know is a disappointment to the president but he’s considering the bill. There’s $23bn in border security funding including many of the priorities that we requested to address what is a real crisis on our southern border and I know the president is considering that as well as other authority he has as president of the United States to address what is a very real humanitarian and security crisis at our southern border so I think the president is evaluating what’s in the bill. He’s also evaluating the authority that he has and I know he’ll be making a decision before the deadline this Friday.

Updated

A Maryland prosecutor has charged a college student for illegal wiretapping because he streamed a video of a meeting with a congressional staffer on Facebook Live.

The college student was lobbying Republican Andy Harris to support marijuana legalization and live streamed a meeting on the topic with one of Harris’s staffers. The staffer did not consent.

Support for stricter gun laws has dropped substantially since the immediate aftermath of the Parkland shooting one year ago today, according to a new poll.

A slim majority, 51%, said in the Marist Poll that laws covering the sale of firearms should be stricter. That’s down from 71% who backed that view shortly after the shooting.

Gun control support grows a bit when the question is asked differently: 59% said their first reaction when hearing about a mass shooting is that the country needs stricter gun laws. That beats out the 25% whose first thought is that more people need to carry a gun.

Forty-two percent of Americans, down from 52% last April, think stricter gun legislation should be an immediate priority for Congress

Senator Elizabeth Warren tells CNN it was legitimate for officials to consider using the 25th amendment to remove Donald Trump from office. Former FBI acting director Andrew McCabe described the talks in a new interview with 60 Minutes.

A lot of people want to work for Representative Alexandria Ocasio-Cortez. There were about 5,500 applicants for jobs in her Congressional office, the Washington Post reports.

The Post profiles two of the staffers who won spots, Ariel Eckblad, 31, the congresswoman’s legislative director, and Dan Riffle, 37, a legislative assistant.

Updated

Senate Democratic leader Chuck Schumer says “bring it on” to Majority Leader Mitch McConnell’s plan to bring up the Green New Deal for a vote on the Senate floor.

Updated

Many taxpayers find themselves getting smaller refunds this year under the GOP tax bill, the Boston Globe reports.

The average 2018 refund so far is 8% smaller than last year, according to the IRS - $1,865 compared with $2,035.

Most taxpayers are paying less in income taxes overall after the legislation lowered rates. But for many that meant less money withheld from their paychecks throughout the year, as well as a smaller paycheck. Some taxpayers even found themselves owing money for the first time and complained about it online with the hashtag #trumptaxscam.

Lynne Patton, the top Housing and Urban Development official in New York and a former event planner for the Trump family, channeled Donald Trump’s comments about “shithole countries” in describing conditions in public housing apartments, NY1 reports.

Patton is spending a month living in the New York City Housing Authority to highlight troubles at the housing developments, which are about to get a federal monitor.

Several New York members of Congress are facing potential primary challenges after Representative Alexandria Ocasio-Cortez showed it is possible to knock off an entrenched incumbent there.

Among the possible primary contests, the New York Times reports:

  • Some progressives are pushing to unseat Representative Eliot Engel, the foreign relations committee chair who represents the Bronx and Westchester. Sean McElwee, a co-founder of the progressive thinktank Data for Progress, called finding a challenger a “top priority”. Andom Ghebreghiorgis, a Mount Vernon educator, is considering running, he told the Times.
  • Representative Jerry Nadler, the chairman of the House judiciary committee, could face a challenge from Lindsey Boylan, a former economic development adviser to New York governor Andrew Cuomo.
  • Bronx city councilman Ritchie Torres may run against Representative Jose Serrano.
  • Brooklyn representative. Yvette Clarke is likely to face a rematch against Adem Bunkeddeko, who ran against her in a close race last year.

Updated

Lawmakers are asking the homeland security secretary, Kirstjen Nielsen, to punish an assistant secretary in her department who has refused to cooperate with an inspector general’s probe.

Three Democrats – House foreign affairs chairman Eliot Engel, House oversight chairman Elijah Cummings, and Senate foreign relations ranking member Bob Menendez – asked for formal discipline against Christine Ciccone, the assistant secretary for legislative affairs, Politico reported.

They released a memo from DHS’s inspector general, which says that the inspector general at the State Department has been attempting to interview Ciccone, but she has refused. The inspector general recommends disciplinary action against her.

The investigation concerns politically motivated retaliation against state department employees when Ciccone was deputy chief of staff there.

“It is outrageous that a senior Department of Homeland Security official has not complied with requests of the inspectors general of the Departments of State and Homeland Security,” the three lawmakers said, according to Politico. “Targeting of career government employees at the state department, US Agency for International Development or any federal agency is unacceptable, and it is imperative that this kind of behavior not be tolerated.”

Updated

The third ranking Democrat in the House came to the defense of Rep. Ilhan Omar, who has faced accusations of anti-semitism.

“I think she’s an incredible young lady who has a tremendous future in politics,” Rep. James Clyburn, the House majority whip, said on CNN’s New Day. He urged his colleagues to “put this behind us.”

The Senate is expected to vote Thursday on confirming Donald Trump’s nominee for attorney general, William Barr.

The vote is expected to be mostly along party lines, according to CNN. By contrast, Barr was unanimously confirmed to serve as attorney general under President George HW Bush.

In what may not be a vote of confidence in Trump’s support for the bipartisan deal to avoid a government shutdown, Chuck Grassley, the most senior Republican in the chamber, has asked the Senate to pray that he signs the legislation.

McCabe began investigating Trump day after Comey firing

In his interview with CBS News’s Scott Pelley, former acting FBI director Andrew McCabe said he began an obstruction of justice investigation of Trump the day after the Comey firing and took steps to ensure that the Russia probe could not be shutdown.

I think the next day, I met with the team investigating the Russia cases. And I asked the team to go back and conduct an assessment to determine where are we with these efforts and what steps do we need to take going forward. I was very concerned that I was able to put the Russia case on absolutely solid ground in an indelible fashion that were I removed quickly and reassigned or fired that the case could not be closed or vanish in the night without a trace. I wanted to make sure that our case was on solid ground. And if somebody came in behind me and closed it and tried to walk away from it, they would not be able to do that without creating a record of why they’d made that decision.

McCabe also said there were meetings at the Justice Department about whether the 25th Amendment could be invoked to remove Trump. The constitutional provision which ratified in 1967, allows the vice president to take over temporarily as acting president if he and a majority of cabinet officers declare that the President “unable to discharge the powers and duties of his office.”

One of the more unique figures in American politics passed away on Tuesday.

Lyndon LaRouche, a perennial presidential candidate, conspiracy theorist and convicted felon died at the age of 96.

LaRouche, who famously claimed that Queen Elizabeth II was a drug trafficker, built a cult of personality based out of a Northern Virginia compound. His influence peaked in the 1980s before he was convicted of mail fraud and spent seven years in federal prison.

President Donald Trump has responded on Twitter to former acting FBI Director Andrew McCabe.

In excerpts of an interview with CBS that were released this morning, McCabe said Justice Department officials discussed invoking the 25th Amendment to remove Trump from office and began investigating Trump himself for obstruction of justice after the May 2017 firing of FBI Director Jim Comey.

Former Colorado Governor John Hickenlooper is criticizing YouTube on the campaign trail. Hickenlooper who is in New Hampshire and considered likely to pursue a presidential bid, is going after the platform for promoting extreme content.

The Democratic National Committee is expected to unveil its plans for the first two primary debates of 2020 later this week.

Tom Perez, the chair of the DNC, told the AP “he plans to include a grassroots fundraising metric as part of the qualifying threshold.”

One Democratic presidential candidate is going out of his way to bash the proposed Green New Deal resolution in Congress, comparing to Trump’s pledge for Mexico to pay for a border wall.

In a statement, former Congressman John Delaney of Maryland said:

First of all, climate change is real and we need to take aggressive action to counter its effects. If we do nothing, it’s going to hurt our environment, it’s going to hurt our economy, it’s going to hurt agriculture, and it’s going to hurt our national security. And while I absolutely applaud all the enthusiasm behind the Green New Deal, because we need that energy to fight climate change, the Green New Deal as it has been proposed is about as realistic as Trump saying that Mexico is going to pay for the wall.

Mark Kelly, the former astronaut running for the Democratic nomination for U.S. Senate in Arizona, has raised over $1 million since announcing his candidacy on Tuesday.

Kelly had raised $1.1 million by the end of the day Wednesday, a figure more comparable to presidential campaigns rather than statewide campaigns.

The Democrat, who is married to former Congresswoman Gabby Giffords, is hoping to face appointed incumbent Martha McSally in a November 2020 special election for the Senate seat vacated by John McCain’s death.

Michael Avenatti, the lawyer for Stormy Daniels who became a political celebrity in 2018, gave up financial control of his law firm late Wednesday.

Avenatti had faced allegations of trying to hide millions of dollars from a former law partner who had won a $10 million judgment against the firm. He settled the allegations by putting all the assets of the firm, Eagan Avenatti under the control of a court appointed receiver.

It marks another chapter in the fall from grace of Avenatti who once even considered a presidential bid.

Former Congressman Beto O’Rourke met with Senate Democratic Leader Chuck Schumer to discuss another bid for the U.S. Senate last week.

O’Rourke, who narrowly lost a Senate race to incumbent Ted Cruz in 2018, is being recruited to run against three-term incumbent John Cornyn in 2020. The Texas Democrat is also mulling a presidential bid.

Good morning.

Congress is poised to strike a bipartisan deal to avoid another government shutdown and fund the government through September, a federal judge ruled Paul Manafort lied to prosecutors and that Robert Mueller no longer has to honor their plea deal, and former acting FBI director Andrew McCabe said that he ordered an investigation of Donald Trump after the 2017 firing of Jim Comey.

It’s Thursday in American politics.

Updated

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