"I don't think you should amend the rules of the House and Senate, and I can't remember it ever being done before," Illinois Sen. Dick Durbin said. | AP Photo Dems seek to quash quick Mattis confirmation

Senate Democratic leaders are making a last-ditch push to scuttle GOP efforts to fast-track Donald Trump’s nominee to lead the Pentagon, urging the GOP to keep confirmation of Trump’s Cabinet separate from a spending bill that must pass by Friday to avoid a government shutdown.

Top Democrats say they are opposed to doing anything in the year-end funding bill that would expedite consideration of retired Marine Gen. James Mattis, who needs a legislative waiver to assume the post. Republicans are seeking to insert language in the must-pass spending bill that would establish a framework for granting Mattis the waiver before Trump is sworn in as president next year.


“We believe that should not be short-shrifted through” the spending bill, said incoming Minority Leader Chuck Schumer of New York, adding that changing the chamber’s rules through a spending measure has “never been done before.”

But Schumer, like other Democrats, would not commit to blocking a spending bill over the Mattis issue. Republicans may choose to insert the language despite Democrats’ opposition and dare them to invite a government shutdown over Mattis’ confirmation. The GOP will need at least six Democratic votes to pass the budget stopgap.

Senate Minority Leader Harry Reid (D-Nev.), who is retiring this month, said he would address the matter later on Tuesday. House Republicans are rushing to finish the spending bill before Wednesday.

“I find it very troubling that the members of this Congress would put language into what next year’s Congress should be held accountable for,” said Sen. Patty Murray (D-Wash.), who will be the No. 3 party leader next year. “It would be bad precedent. … Mattis will most likely go through” anyway.

But Republicans are worried that Democrats will try to slow the GOP’s momentum next year, potentially dragging out consideration of the legislative waiver in January and disrupt other efforts to repeal Obamacare and overhaul the tax code. Without expedited language now, securing a waiver could take as long as a week in 2017, Republicans said.

Democrats are weighing how hard a line to take. Already, Sen. Kirsten Gillibrand (D-N.Y.) has announced plans to require a vote at a 60-vote threshold to give Mattis a waiver.

“It’s a mistake,” said Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat. “I don’t think you should amend the rules of the House and Senate, and I can’t remember it ever being done before.”

Durbin said it was not a reflection of Mattis’ credentials but said “a lot of” Democrats share his concern. Mattis served in the military until 2013, and law states that generals must be out of service for seven years before joining the Cabinet.

The most likely language in the spending bill would allow Mattis to earn a waiver before Inauguration Day, aides in both parties said. Democrats would be hard-pressed to vote down a spending bill with such language in it, as long as they are still allowed a referendum on the waiver next year.

No final decision has been made, sources familiar with the negotiations said.

A Democratic aide said senators may turn the waiver vote next year into a referendum on other generals in the Trump administration, namely retired Lt. Gen. Michael Flynn, Trump’s national security adviser. Flynn is under heavy criticism from Democrats for spreading false reports.

The must-pass government funding bill is also facing a potential roadblock over a bipartisan plan to extend aid for retired coal miners whose health care benefits expire at year’s end. Senate Majority Leader Mitch McConnell (R-Ky.) said Tuesday that he has “insisted” that the spending package address the issue, although his preferred solution would be to deal with the miners’ health care now while waiting on a fix for the workers’ pension benefits, which will not run short until next year.

Reid told reporters that Democrats are not yet prepared to agree to the GOP proposal that miners’ health care be taken care of only for the duration of the short-term spending bill. “We think it should be a full five-year funding provision,” Reid told reporters.

Including miners’ health care without pension help may also run into trouble on McConnell’s side of the aisle. Sen. Rob Portman (R-Ohio) wants to see the complete bipartisan miners bill included in the continuing resolution, a Senate GOP aide said.

“We’ve said to Republicans in the House: Before this mystery [funding bill] is unveiled, understand there are some provisions in there that could stop it from being passed,” Durbin said. “Fix them so we don’t face that possibility.”

