Senate uncertainty over New START and the omnibus approps bill… What is certain: Senate passage of the tax deal, which will take place around 1:00 pm ET… Then the deal moves to the House, where some Democrats (Hoyer, Waxman) are coming around to the legislation… It’s NBC/WSJ poll day; poll comes out beginning at 6:30 pm ET… Thune takes a shot at Romney over the tax deal?... National Review takes a shot at Steele’s re-election bid… Crossroads GPS is on the air… Obama meets with business leaders at 9:30 am ET and gives a statement to reporters 15 minutes before that… And NBC’s Andrea Mitchell interviews Biden.
From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
*** Senate uncertainty: So we know that the Senate today will pass the tax-cut deal (see below for more on that vote). But there’s uncertainty over two other big items the chamber is currently considering: New START and the omnibus appropriations bill. Yesterday, GOP Sen. Jon Kyl said he "will work very hard" to ensure START’s defeat if it's brought to the Senate floor this year. Kyl's reasoning, per NBC’s Ken Strickland: He and several of his colleagues believe there is not enough time to thoroughly debate and possibly amend the treaty, and they prefer to take it up in the next Congress. As for the omnibus, Republicans are vowing to defeat it because the $1.2 trillion bill contains earmarks totaling $8 billion, the Washington Post says. "The American people said just 42 days ago, 'Enough!' … Are we tone deaf? Are we stricken with amnesia?" Sen. John McCain (R) said. The Post adds that the omnibus’ fate is uncertain, “with a key test vote likely later in the week. The White House has not rallied behind the Democratic proposal.” The reason the House passed a continuing resolution (C.R.) and not an omnibus is that they knew it was unlikely the Senate could get the omnibus through.
*** Starting START: Despite Kyl’s threat on New START, the Senate today will vote on whether to start debating on treaty, NBC’s Strickland reports. Because treaties have "privileged" status under Senate rules, the vote to bring it to the floor cannot be filibustered, and therefore only needs a simple majority vote of 51 to succeed. But after it reaches the floor, ratification could be problematic and dramatic. There are indications from Senate floor staff that Republicans who oppose ratification this year might require the Senate clerks to read the entire treaty -- word for word -- once the legislation is on the floor. That could take more than a dozen hours, Strick is told. The "reading of the bill" (or in this case “the treaty”) is always required under the rules. But in almost all cases, it’s waived by senators as a practical matter since bills can be hundreds of pages long. But if even on senator objects, the bill must be read. Could be a wild day in the Senate. By the way, could Reid's strategy on START and omnibus be simply, “You can't kill both." So kill omnibus; we’ll give you the C.R. But give us a START vote?
*** Tax endgame in the Senate: At noon this morning, Strick adds, the Senate will begin a series of votes that will ultimately lead to the passage of tax-cuts bill. There will be three votes that will attempt to change the bill, followed by the vote for passage of the tax bill itself. The votes to amend the bill -- proposed by the legislation’s staunchest opponents (Republicans Tom Coburn and Jim DeMint and independent Bernie Sanders) -- are expected to fail. The vote for passage, which sends the bill to House, should happen about 1:00 pm ET and pass with overwhelming bipartisan support. Indeed, NBC’s Kelly O’Donnell notes that Ohio Sen. Sherrod Brown (D), who voted against the procedural vote on Monday, says he will support the final measure today.
*** And the endgame in the House: And what’s the status of the tax deal in the House? It’s not all that clear. Per NBC’s Shawna Thomas, last night’s House Democratic caucus meeting was a lot like last week's without the dramatic special guest (Vice President Biden). Members were standing up, airing their opinions about the bill and talking about the specific things they want changed. Apparently, the leadership spent most of their time listening and not a lot of time presenting choices to their caucus. Speaker Nancy Pelosi left fairly early on to attend a service for the recently deceased Richard Holbrooke. "I would say that the leadership has not fully expressed their opinion yet," Rep. Peter DeFazio (D-OR) said. But Rep. Henry Waxman (D-CA) seemed to echo the message of "urgency" that Majority Leader Steny Hoyer spoke about earlier on Tuesday. "In the end of the day I think we're going to have to pass a bill,” Waxman said. “That's the view of many of us.”
*** Poll day: How does the American public view the tax deal? What about New START? And what about President Obama’s standing and his 2012 re-election prospects? Well, beginning at 6:30 pm ET, tune into NBC’s “Nightly News,” or click on to MSNBC.com, for the answers in our brand-new NBC/WSJ poll.
*** Thune’s shot at Romney? A day after Mitt Romney penned an op-ed opposing the tax deal, GOP Sen. John Thune -- who voted to end the filibuster on the legislation earlier this week, and who might run for president -- took a shot at critics of the deal. "It is easy to stand on the sidelines and criticize this deal," Thune said, per CNN. "And it would perhaps be politically expedient to stand on the sideline and criticize this tax deal. But to advocate against this tax deal is to advocate for a tax increase."
*** National Review’s shot at Steele: Speaking of taking shots, National Review is running an editorial blasting RNC Chairman Michael Steele’s bid for a second term and calling for “Anybody but Steele” to replace him. In 2012, National Review argues, it will be “crucial that every GOP institution be running on all cylinders. For all the Herculean work of the outside groups, there are certain tasks for which only the party committee is suited, given its ability to coordinate with state parties. If nothing else, the subpar reputation the RNC has earned under Steele’s leadership will make it impossible for the committee to work at its optimum.” More: Steele’s poor performance as chairman has had one fortunate side effect -- it has created a robust field of alternatives. It gives us no pleasure to say this, but none of them would be worse than Steele, and we believe any of them would be better. Someone else deserves a chance at the top of the RNC.”
*** Crossroads back on the air: Politico yesterday reported that the Rove-backed Crossroads GPS -- the entity that can keep its donors anonymous -- is airing $400,000 in radio ads in 12 congressional districts that Democrats barely won to put pressure on the Dems to back to tax-cut deal. Example: “[W]hose side is Congressman Tim Bishop on? Will he side with Nancy Pelosi to raise job-killing taxes, or with struggling families and the small businesses that can create the jobs we need?” But why is Crossroads GPS airing ads on something (the tax deal) that seems like a sure thing? And why is it targeting Democrats who will most likely vote for it? One theory: Crossroads GPS is a 501(c) organization. That designation allows it to keep its donors anonymous, but the law says that these non-profits’ primary purpose can’t be in express-advocacy politics (i.e., vote for or against a candidate). One way around this is for a non-profit to keep its express-advocacy spending below 50% of total expenditures. And that’s where these legislative-advocacy radio ads come in.
*** Crossroads’ response: But Crossroads spokesman Jonathan Collegio responds to First Read that these radio ads are about getting the tax deal across the finish line. “The ad urges the members named to demand that Pelosi holds a vote on the package before tax rates jump on January 1,” Collegio said. “It’s not enough to passively oppose a massive tax hike -- the only way the legislation will come to the floor is if these members stand up to Pelosi and demand a vote on this thing. That’s why we’re running the spots.”
*** Obama’s day: At 9:15 am ET, the president will make a statement to the press before he meets with prominent business leaders at the Blair House 15 minutes later.
*** Interviewing Biden: NBC’s Andrea Mitchell today interviews Vice President Biden, and a portion of the interview will air on NBC’s “Nightly News” and MSNBC today. The entire interview will air on MSNBC’s “Andrea Mitchell Reports” tomorrow.
Click here to sign up for First Read emails.
Text FIRST to 622639, to sign up for First Read alerts to your mobile phone.
Check us out on Facebook and also on Twitter.