Why Dems ditched Mueller in their impeachment articles Presented by

NO OBSTRUCTION, NO CRIME -- Democratic leaders officially laid out two articles of impeachment yesterday, barreling ahead with a fast-moving timeline that all but ensures House Democrats will close out the first year of their new majority by voting to remove President Donald Trump from office. (Though the House will also vote on a trade deal next week and Democrats want that to be their last vote ... More on that later though.)

Up next: The House Judiciary Committee will begin a marathon markup at 7 p.m. tonight, where members are expected to give their opening statements. Then, on Thursday morning starting at 9 a.m., members will debate, amend and vote on articles of impeachment, teeing up a historic vote on the floor for next week. Republicans are expected to offer a number of amendments and could gum things up with procedural maneuvers, but CNN’s Manu Raju points out that there is a White House ball on Thursday night that many GOP members are eager to attend. This town!

Related read: “Trump, allies aim to delegitimize impeachment from the start,” by The AP’s Jill Colvin and Zeke Miller: http://bit.ly/2sebMi6 .

Notably absent from the articles of impeachment? An “obstruction of justice” charge or a specific mention of Robert Mueller, though there are some veiled references to the former special counsel’s work. While there was an intense debate among the leadership team over whether Mueller should be included — with some members pushing to play their strongest hand — vulnerable Democrats urged Speaker Nancy Pelosi to keep it tightly focused on Ukraine during a conference call last weekend. Ultimately, Democratic leaders felt like the more narrow approach was the best move for political, legal and practical reasons. The inside story from Bres, Heather and Kyle: https://politi.co/35byB4H .

Related: “Seeking Unity on Impeachment, Democrats Decided Against Mueller Charges,” via NYT’s Nicholas Fandos: https://nyti.ms/2YB1WCW .

So... how many Democrats will vote against impeachment? Pelosi will likely cut some front-line members loose, but Democrats can’t afford too many defections without Republicans pouncing. And a small group of moderates has even floated the idea of censuring Trump instead of impeaching him, scoop Sarah and your Huddle host, in a sign of lingering angst among vulnerable members. The crew huddled Monday night to discuss the long-shot bid, and in recent days, have been trying to gauge the House GOP’s interest in the potential impeachment escape hatch. But they know they don’t have the numbers to stop the fast-moving impeachment train. The dispatch: https://politi.co/36yq38n .

Related: “Democrats reach cusp of impeachment,” from The Hill’s Mike Lillis and Olivia Beavers: http://bit.ly/35dpssa .

SPOTTED (COW) … The GOP’s infamous milk carton poster of Adam Schiff has now been placed in the window of an office in Rayburn. Pic, from yours truly.

Nancy Pelosi speaks while flanked by Richard Neal and fellow members during a news conference on the USMCA trade agreement today. | Mark Wilson/Getty Images

ONE OF KIND -- Rep. Jaime Herrera Beutler is the only woman of color in the entire House GOP conference. But is the Washington state lawmaker the last of her kind — or a model for the type of Republican who can help the GOP rebuild after Trump? Rishika Dugyala and your Huddle host explored that very question for a special “Women Rule” edition of POLITICO magazine.

The backstory on JHB: Herrera Beutler was seen as a rising star when she came to Congress in 2011 because she ticked so many boxes for the party. But JHB has generally kept a low-profile on Capitol Hill, declining to seek the limelight or a leadership path. Instead, she’s chosen to focus on her constituents back home, which has meant occasionally bucking Trump, whom she didn’t even vote for in 2016. “My goal is not to be (Trump’s) foil, but it’s not to be his loyal servant,” said Herrera Beutler. “To the degree that he is serving the people I represent, I’m there, I’m with him. To the degree that there’s a problem, I’ll oppose him.”

But, but, but … with suburban women and minorities fleeing the GOP in droves, she’s feeling more pressure than ever to step into the national spotlight and serve as a messenger for the party. Yet her moderate politics and hyper-local strategy are at odds with the president’s chest-thumping brand of tribal politics. And with Trump at the top of the ticket next year, national politics — and a bitter fight over impeachment — are threatening to consume congressional races up and down the ballot.

There were already danger signs for JHB last year. She defeated her Democratic challenger Carolyn Long by her slimmest margin of victory to date, in a year when a suburban revolt over Trump put House Democrats back in power for the first time in eight years. And she blames her narrow victory, at least in part, on how tough it has been to keep her brand separate from the president. Now, JHB’s facing a rematch against Long — and both sides are already investing heavily in the race. The story: https://politi.co/2qFTWUH .

Related: “Lara Trump: 'You do have to admire Nancy Pelosi,'” via Quint Forgey: https://politi.co/2P9FEoW ; and “Rep. Stephanie Murphy says freshman class is more than just progressive firebrands,” per Quint: https://politi.co/38vfN27 .

WE’RE (ONLY) HALFWAY THERE!? Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday December 11, where your host is eagerly awaiting this alleged D.C. snowstorm, because Capitol Hill could use a little more drama this week.

TUESDAY’S MOST CLICKED: The report from Axios that Trump was okay with ditching a prescription drug provision in the new trade deal was the big winner.

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SEALED THE DEAL -- After months of intense negotiations, House Democrats and the Trump administration finally reached an agreement on rewriting the North American Free Trade Agreement. The new trade pact is expected to receive a vote in the House later next week, after impeachment articles. But Senate Majority Leader Mitch McConnell said they won’t ratify the pact in the upper chamber until after the holidays – and after an impeachment trial. The backstory of how the deal came together from Megan Cassella: https://politi.co/2RJiKGy .

Some Democrats, however, are worried that the move handed Trump a major victory and boosted his reelection chances in 2020, without getting much of a policy win in return. Trump campaigned on ripping up NAFTA and is already boasting about the deal, framing it as the most sweeping agreement in a quarter-century. But others say Pelosi was strategically looking out for her vulnerable members, who were desperate for a legislative victory they could tout back home — especially amid an onslaught of GOP attacks over impeachment.

This quote from Rep. Alexandria Ocasio-Cortez (D-N.Y.) seems to capture the mood: “That is a concern. But there's always the dynamic of: ‘I'm in a deep-blue district so what do I know about winning over swing voters?’” she said, alluding to how her ideas are sometimes perceived among other House Democrats. “But I do also represent a working-class district, and I certainly believe that a Democratic president would negotiate a better deal.” The story from Burgess, Heather and Christopher Cadelago: https://politi.co/35exMbo .

Related: “Pelosi Balances Impeachment and USMCA With Eye on 2020 Elections,” by Bloomberg’s Erik Wasson and Laura Litvan: https://bloom.bg/35o2Zso .

PELOSI AND PROGRESSIVES MAKE PEACE -- Pelosi brokered a deal with progressives on a prescription drug pricing bill, report Adam Cancryn and Sarah, staving off a potential rebellion on the House floor and clinching the support needed to get the measure over the finish line. Progressives were threatening to tank the measure, because it cut out a provision requiring the federal government to issue regulations restricting drugmakers’ ability to raise prices above the rate of inflation in workplace health plans.

The new agreement — which came during a closed-door meeting that included Pelosi and Congressional Progressive Caucus co-leaders Pramila Jayapal (D-Wash.) and Mark Pocan (D-Wis.) — would restore that provision. It also would expand the government’s authority to directly negotiate drug prices, ultimately requiring federal officials to hammer out the cost of at least 50 medicines a year, up from the original 35. The House will vote on the bill later today. Much more: https://politi.co/2YACQnV .

Related: “Pelosi to meet with Mnuchin, Schumer on government spending ahead of looming funding deadline,” from the Washington Times’ Gabriella Muñoz: http://bit.ly/2LJ9gY4 .

YOHO IS A NO GO -- Yet another House Republican is calling it quits. This time, it’s Florida Rep. Ted Yoho, who is a member of the conservative House Freedom Caucus and has only served in Congress for four terms. While the GOP should have no problem keeping Yoho’s seat, the House Democrats’ campaign arm pointed out that now two conservative Florida Republicans have retired — which is “proof positive that GOP morale is at an all-time low,” said DCCC spokesperson Avery Jaffe. The latest from the Gainesville Sun: http://bit.ly/38uX8nm .

In other campaign news … the campaign team for former Attorney General Jeff Sessions — who is running for his old Alabama Senate seat — released internal polling that has him up 23 points over the next challenger, former football coach Tommy Tuberville. The deets: http://bit.ly/2PbBs8g .

GROTHMAN GOES THERE -- The House Oversight Committee held a hearing on paid family and medical leave policies yesterday, with Rep. Carolyn Maloney (D-N.Y.) presiding over her first official hearing since being elected chairwoman. But Rep. Glenn Grothman (R-Wis.) elicited some laughs — and groans — when he said that a lot of the research on the topic was focused on females. “We get briefings on this, and everything’s focused on the women, the women, the women, which is good,” he said. But he added: “was there any analysis on the man’s side on the effect of this law?” The female witness responded by saying it’s important to note that four out of every five leaves are actually taken for a worker’s own illness or caregiving.

But the comments from Grothman — who once decried the “ war on men” — irked some of his Democratic colleagues. Rep. Debbie Wasserman Schultz quipped: “Can we give him another five minutes?” One female lawmaker was overheard saying “that is good” that the research is focused on women. And Rep. Jamie Raskin tweeted afterward: “Rep. Grothman just observed @RepMaloney’s first hearing as @OversightDems Chair & our inquiry into the need for nat’l paid family & medical leave by bemoaning that the issue seems to be about ‘women, women, women.’ It’s actually about all of us—women, men, children, babies.”

AND ALL THAT MRAZ -- Singer and songwriter Jason Mraz was on Capitol Hill yesterday to advocate for legislation that ensures proper compensation for music creators. (As you may recall, he was one of the artists who pushed for the Music Modernization Act.) But per Sarah, his visit yesterday wasn’t all work and no play. At one point, he joined an impromptu jam session with the Six-String army band, which was rehearsing for a holiday reception in the Capitol — and they played "I'll be Home for Christmas” together. Pics from his meeting with Steny Hoyer.





TRANSITIONS

Ian Mariani is now Communications Director for the office of Rep. Cindy Axne (D-Iowa). He was previously Digital Director for the House Appropriations Committee under Chairwoman Nita Lowey (D-N.Y.), and is an alum of Rep. Josh Gottheimer’s (D-N.J.) press shop.

TODAY IN CONGRESS

The House gavels in at 10 a.m., with first votes expected between 1:30 and 2:30 p.m. Today’s agenda: http://bit.ly/2shD5YI .

The Senate meets at 9:30 a.m. to resume consideration of the nomination of Lawrence VanDyke to be a U.S. 9th Circuit judge. At noon, they will vote on passage of H.R. 2333 (116) , a suicide prevention bill, at noon. They will then vote on four nominations.

AROUND THE HILL

Speaker Nancy Pelosi (D-Calif.), House Majority Leader Steny H. Hoyer (D-Md.), House Energy and Commerce Chairman Frank Pallone Jr. (D-N.J.), and House Education and Labor Committee Chairman Bobby Scott (D-Va.) hold a press event on legislation to lower prescription drug costs at 10 a.m. in the Rayburn Room.

House Democratic Caucus Chair Hakeem Jeffries (D-N.Y.) and Vice-Chair Katherine Clark (D-Mass.) hold a press conference at 10:15 a.m. in HC-8.

Senate Minority Leader Chuck Schumer (D-N.Y.), Senate Finance ranking member Ron Wyden (D-Ore.), Sen. Debbie Stabenow (D-Mich.), and Sen. Robert Casey (D-Pa.) hold a news conference "to highlight Republicans' broken promises to working families ahead of the two-year anniversary of their tax giveaway for the wealthy and corporations” at 11:30 a.m. in SVC-214.

The House Judiciary Committee holds a markup on articles of impeachment against President Trump at 7 p.m. in Longworth 1100.

TRIVIA

TUESDAY’S WINNER: Robert Fierro was the first person to correctly guess that the very first Chairman of the Senate Judiciary Committee and the most recent Democrat to Chair that committee both hailed from Vermont.

TODAY’S QUESTION: From Patricia Bieze: Now that the impeachment proceedings have moved to the House Judiciary Committee… what percentage of Judiciary Committee members hold law degrees? 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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