Democrats' public impeachment case in flux as evidence against Trump piles up Presented by

With assistance from Melanie Zanona.

GIVE ‘EM SOMETHING TO TALK ABOUT — House Democrats were none too pleased when Republicans stormed a secure area earlier this week, bringing a total halt to their impeachment investigation for several hours. But there is a growing recognition within the Democratic Caucus that they need to start figuring out the public aspect of their impeachment inquiry soon — or else the Republican stunts decrying the closed-door process could dominate the narrative more than the damning testimony lawmakers are hearing behind closed doors about President Donald Trump’s effort to pressure Ukraine for political gain.

Who, what, when, where, why, how? Just how and when the House shifts to the public portion of its impeachment investigation has yet to be sorted out, even among top Democrats. Democratic leaders have said they want to move “expeditiously,” which most rank-and-file lawmakers take to mean by the end of the year. But when the House starts holding public hearings, which witnesses are called and who among Democrats takes the lead? That’s all still unsettled.

House Intelligence Committee Chairman Adam Schiff did discuss the need to take the probe publicly during a private meeting with senior Democrats on Wednesday. Schiff did not give a specific timeline but did say investigators plan to hold more than one deposition a day in some cases to expedite the process, according to meeting attendees.

“There has not been some date picked that we’re not telling you,” Rep. Sean Patrick Maloney (D-N.Y.), a member of the House Intelligence Committee, said in an interview. Kyle, Andrew and Heather: https://politi.co/2NanEZ9.

YOU GOTTA WALK THE TALK — Senate Republicans are getting tougher on the House’s impeachment probe as Trump and some of his allies in the House call on GOP senators to do more to protect the president. Sen. Lindsey Graham (R-S.C.), head of the Senate Judiciary Committee, unveiled a resolution Thursday that condemns the Democratic-led impeachment inquiry. The House’s “attempted impeachment of President Trump is out of bounds, it’s inconsistent with due process as we know it,” Graham said. “They created a new process that I think is very dangerous for the country.”

But some House Republicans, who have been using their limited tools in the minority to throw monkey wrenches into the impeachment probe, want the GOP-led Senate to counter program the inquiry with their own hearings and witnesses. “There are members of the House who would like [Graham] to take that to the next level,” Rep. Lee Zeldin (R-N.Y.) told POLITICO. “The Senate Judiciary Committee might be that vehicle to let the American people more in on what the whole story is.”

For his part, Graham seems unfazed by the criticism. “The Senate is different than the House,” Graham said. “I just don’t have the ability to call anybody I want to call, the other side gets a say. And I would be careful what you wish for.” The dispatch from Marianne and Mel: https://politi.co/2pd7o1z .

What goes around comes around: As a House member in 1998 during the Clinton impeachment, Graham praised the use of closed-door depositions. “The depositions, I think, will determine whether or not we go forward with hearings. I think it's a very smart thing to do, to depose these people and find out what they've got to say,” he said at the time. CNN’s Manu Raju and Jeremy Herb with the history lesson: https://cnn.it/33ZtZxl.

Meanwhile, the White House is ramping up a counter-response to the Democrats' impeachment push. The Trump administration is planning to add communications aides dedicated specifically to impeachment, per the NYT: https://nyti.ms/31JYRka.

BUT WAIT, THERE'S MORE — The Department of Justice has transitioned from an administrative review into the origins of its Russia investigation — a probe Trump has repeatedly decried as a "hoax" despite mounds of evidence to the contrary — to a criminal inquiry with subpoena and grand jury power. The move is unusual for multiple reasons, including because it creates a situation where DOJ is "conducting a criminal investigation into itself," reports the New York Times.

"The opening of a criminal investigation is likely to raise alarms that Mr. Trump is using the Justice Department to go after his perceived enemies." NYT's Katie Benner and Adam Goldman report: https://nyti.ms/32KPdPB.

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MARK YOUR CALENDARS — The House paused its investigation this week as lawmakers honored late Rep. Elijah Cummings (D-Md.) in the Capitol on Thursday. But Democrats will begin another round of depositions starting Saturday with Philip Reeker, acting assistant secretary of State for European and Eurasian affairs.

The balance of the week: On Monday House investigators will hear from Charles Kupperman, former deputy national security adviser; Lt. Col. Alexander Vindman, a National Security Council official, will appear Tuesday; Kathryn Wheelbarger, acting assistant secretary of Defense for international security affairs, is expected to appear on Wednesday; And on Thursday Timothy Morrison, the NSC official who is featured prominently in Bill Taylor’s opening statement, will testify.

Democrats are also in talks with John Bolton's lawyer about a deposition date, the New York Times reports: https://nyti.ms/31JYRka.

Related reads: “White House delayed Ukraine trade decision in August,” via the Washington Post’s David Lynch and Josh Dawsey: https://wapo.st/2pbZlSO. "White House official expected to back up diplomat's testimony over Trump push for Ukraine probe," via CNN's Manu Raju, Alex Rogers, Kylie Atwood and Pamela Brown: https://cnn.it/2No04bN. "For Impeachment Witnesses, Testifying Can Cost $15,000," via NYT's Sharon LaFraniere: https://nyti.ms/31HYvu9.

IT’S FINALLY FRIDAY! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this October 25. We’re your fill-in hosts Heather, who is settling in for a fun weekend of World Series baseball and Bama football (Roll Tide!) and Sarah, who is gearing up for the Marine Corps Marathon on Sunday (wish her luck!). Ya girl Mel will be back on Monday.

THURSDAY’S MOST CLICKED: BuzzFeed’s article on the viral picture of the female staffer during the GOP’s SCIF raid was the big winner.

WASHINGTON, DC - OCTOBER 24: The flag-draped casket of U.S. Rep. Elijah Cummings (D-MD) is escorted by a military honor guard to National Statuary Hall in the U.S. Capitol for a memorial service October 24, 2019 in Washington, DC. Rep. Cummings passed away on October 17, 2019 at the age of 68 from "complications concerning longstanding health challenges." (Photo by Al Drago-Pool/Getty Images) | Al Drago-Pool/Getty Images



A FINAL GOODBYE — The late Oversight Chairman Elijah Cummings will be laid to rest today in West Baltimore after several days of emotional tributes in both Washington and his home city. This morning’s funeral service — which begins at 10 a.m. with a musical selection from the Baltimore Symphony Orchestra — will feature remarks from some of Cummings’s closest confidants over the years, as well as some of the nation’s best-known political figures. Former President Barack Obama will speak at roughly 11:40 a.m., preceded by former President Bill Clinton, former Secretary of State Hillary Clinton, and Speaker Nancy Pelosi. Senator Elizabeth Warren will also participate in a scripture reading.

Thousands of people flowed through the Capitol on Thursday to pay their respects to Cummings as his flag-draped casket lie in front of the House chamber including: former Speaker Paul Ryan, Rev. Al Sharpton, former Rep. Darrell Issa (a frequent sparring partner), Speaker Nancy Pelosi and Rep. John Lewis together and several current administration officials including Vice President Mike Pence, Attorney General William Barr, U.S. Trade Representative Robert Lighthizer and outgoing acting DHS Secretary Kevin McAleenan.

Dr. Maya Rockeymoore Cummings, his wife, stayed until the end to greet mourners, leaving the Capitol just before 8 p.m. Sarah and Bres with more from the Capitol: https://politi.co/33SE3bA.

STOP RIGHT THERE — Attorneys for Rep. Katie Hill on Thursday sent a cease-and-desist letter to the Daily Mail for publishing what it says are nude photos of her. The threat of “grave legal consequences” against the British tabloid comes as Hill faces accusations that she had a sexual relationship with a member of her congressional staff, reported last week by conservative website RedState.org, which also published nude photos. Hill — who is going through an acrimonious divorce — has denied the accusations, which are now under investigation by the House Ethics Committee. Bres with the story: https://politi.co/2Pi3r6D .

Related: "Gaetz defends Democratic colleague Katie Hill over leaked photo," via The Hill's Zack Budryk: https://bit.ly/2MLWCZq.

The House Ethics Committee also announced it's investigating another freshman, Guam Del. Mike San Nicolas over allegations of an improper sexual relationship with a congressional staffer and campaign finance abuses. Haidee Eugenio Gilbert with the Guam Pacific Daily News: https://bit.ly/2PigTHn.

TOODLE-OO TULSI — Rep. Tulsi Gabbard, who is running a longshot presidential bid, announced early this morning that she won’t seek reelection to the House. The Hawaii Democrat had faced a tough primary challenge from state Sen. Sen. Kai Kahele — who actually outraised Gabbard last quarter in their home state, according to Open Secrets. Gabbard’s departure from the House comes days after ex-presidential nominee Hillary Clinton fueled speculation that Gabbard could run as a third party “spoiler”

candidate in 2020. The video

THEY SEE ME ROLLIN’ — Millennials, think you’re the only ones in Washington who hop on a rental scooter to zoom from one place to the next? Think again. Rep. Sean Patrick Maloney (D-N.Y.), proudly representing the Gen Xers, was caught showing off his scooting skills (in a suit nonetheless) as he left the Capitol on Thursday. Check it: https://bit.ly/33UDX34.

LONG WEEK MEANS IT'S TIME FOR A LIGHTNING ROUND — Senate Democrats tell Hillary Clinton it's time to move on and not even think about running for the White House again. Burgess and Marianne: https://politi.co/2JmFRBE.

— Rising freshman Rep. Katie Porter plans to endorse Sen. Elizabeth Warren for president, CNN's Kyung Lah and MJ Lee report: https://cnn.it/31IpcyT.

— Vice President Mike Pence huddled with Trump's top House allies on Thursday to talk about the ongoing crisis in Syria. The Hill's Alexander Bolton and Scott Wong: https://bit.ly/33ZJJ3p.

PRESIDENT SHARK, DOO DOO DOO — President Trump says he plans to attend Game 5 of the World Series on Sunday (assuming the Nationals don’t sweep the Astros first). But he won't be throwing out the ceremonial first pitch. Instead, the Nationals announced this morning it would be chef Jose Andres, a noted Trump critic, per CNN: https://bit.ly/2pckMDe.

WEEKLY WINNERS AND LOSERS — The Nat are up two games in the World Series — but not everyone in D.C. can be a winner. Here are our picks for the biggest victories and failures in Washington:

W: House Democratic investigators, who heard damaging testimony from Bill Taylor, the top U.S. envoy in Ukraine. Taylor tied Trump directly to the quid pro quo at the heart of Democrats' impeachment investigation. And Tim Morrison, another senior administration official critical to the probe, is expected to corroborate key parts of Taylor's account when he testifies next week, according to CNN.

L: Rep. Tim Ryan (D-Ohio), who announced he was dropping out of the presidential race after failing to gain traction among Democratic voters. Ryan, who billed himself as a common-sense moderate with a passion for yoga, will instead run for reelection in the House. As *NSYNC famously said, bye bye bye. NBC has more: https://nbcnews.to/2WctD3P

TRANSITIONS

Lindsay Solie Jensen, former legislative assistant to Sen. Dan Sullivan (R-Alaska) on tech and telecom issues, joins CenturyLink's downtown D.C. office as director of federal legislative affairs.

Rob Damschen departs GOP Ways and Means. Damschen, the committee's top GOP spokesman, will lead the National Association of Manufacturers' strategic comms team starting Monday.

Rep. Ted Budd’s chief of staff, Andrew Bell, is moving back to North Carolina to be a part of his family’s business as they begin their 100th year of operations (Bell’s Seed Store in Fayetteville, NC was founded in 1919).

TODAY IN CONGRESS

The House and Senate are out.

AROUND THE HILL

It’s all quiet in the Capitol. See y’all Monday.

TRIVIA

THURSDAY’S WINNER: David Zevallos was the first person to correctly guess that the four-term congressman who led the 1910 “revolt” against Speaker of the House Joe Cannon hailed from Nevada.

TODAY’S QUESTION: From David: How many presidents have been in fraternities and which fraternity has had the most presidents? First person to correctly guess gets a mention in the next edition of Huddle. Send your best guess my way: [email protected]

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