The Last Five and First One-Hundred Days; Busy Weeks Ahead

In the final days of the Trump Administration there is national concern about violence in both DC and around the country as some of the President’s supporters continue to take action to protest the “rigged” election. This fear persists despite the video made by the President calling for calm and opposing violent acts conducted under his name.

One area where the President can still act unilaterally is the Constitutional power given the President to grant pardons. There is widespread anticipation that in the last days of his Administration there will be pardons given to allies and family; and potentially to the President himself.

On Thursday, the President-elect unveiled a nearly $2T COVID relief package. The proposals ranged from the non-controversial such as money to speed the opening of schools, to the more partisan idea to increase the minimum wage to $15 an hour. The program would also create a $1400 individual stimulus payment, increase the Unemployment Supplemental amount to $400 a week, and give $350B to state and local governments. The package would also put federal resources into a national vaccine program aimed to create community vaccine centers. But to get action there are several key decisions that will need to be made in the early days of the Biden/Harris Administration.

The first challenge will be the strategy developed by the new Senate Majority Leader New York Senator Chuck Schumer of how to conduct the impending impeachment trial of Donald Trump while also working to get the Biden Cabinet confirmed. At this point, the exact timing of the impeachment trial has not been determined but the Senate rules state that the trial must begin the day after the Senate receives the formal impeachment indictment from the House. Obviously, Schumer and Pelosi will tightly control that process.

The other immediate issue will be constructing the legislative agenda for the first 100 days of the Biden Administration. The top priority will be taking the COVID Relief framework outlined this week and creating a legislative package. While the House Democratic majority is small, the leadership should be able to get the package through. The challenge will be in the Senate where the 50/50 tie raises issues of both bipartisanship and getting agreement from a caucus that ranges from Bernie Sanders the new Chair of the Budget Committee to Joe Manchin who represents the solidly red state of West Virginia. After getting all Democrats on board, Schumer and the White House will have to decide if they can get enough Republican support to stop a filibuster or try the more cumbersome and lengthy Reconciliation process that allow for votes that impact spending but prevents a filibuster and only requires a simple majority.

Much to follow in the coming weeks.

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