In it, but not of it. TPM DC

If you enjoyed rolling your eyes at the GOP's antic attempts to hold up Eric Holder's Senate confirmation, get ready for the Judiciary Committee hearing next week on Elena Kagan's nomination.

Kagan, the former dean of Harvard Law School, would be the first female solicitor general. She comes to the job with stellar credentials, but that hasn't stopped conservative senators (joined by the the Christian Coalition, naturally) from signaling that they intend to fight her hard on her past support for limits on military recruiters' access to law school campuses.

In fact, GOP senators have a history of blocking Kagan -- in 1999, as Judiciary panel chairman Patrick Leahy (D-VT) notes her, they "pocket-filibustered" her nomination to become a federal judge under Bill Clinton by refusing to hold a committee hearing.

But any Republican itching to filibuster Kagan should give a call to Brad Berenson, who worked under Alberto Gonzales as associate White House counsel to George W. Bush. He's all for Kagan. In fact, he wrote to the Judiciary Committee last week that ...

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There's finally going to be a committee vote today on the nomination of Hilda Solis to be Secretary of Labor. It's about time. The administration had to appoint an interim secretary because this was taking so long Republicans on the Senate Health, Educaiton, Labor and Pensions Committee have been dragging their feet, alleging that her position on the board of directors of Americans Rights at Work, a pro-labor group might have amounted to lobbying. They wanted to know if Solis actually lobbied Congress which, as one ARAW-connected person told me, was absurd because if anything she was a rather passive board member.

The Republicans are really using the Solis nomination to fight the Employee Free Choice Act. Today's Los Angeles Times notes that Republicans now want Solis to avoid lobbying for the bill even after she becomes Labor Secretary which is like asking Tim Geithner to stay neutral about the stimulus package or Robert Gates to take a pass on Afghanistan funding. Of course when Elaine Chao was labor secretary under George W. Bush they had no problems with her advocating for the defeat of EFCA. See her Wall Street Journal op-ed here written during the last days of her tenure.

USA Today is reporting that more than two dozen groups have registered to lobby for their share of the stimulus pie since the economic recovery bill first came before Congress last month.

That rush to secure spending for favored projects isn't necessarily surprising, but there's a new wrinkle for lobbyists this time around: the Obama administration's insistence on keeping earmarks out of the stimulus. As noble as that sounds, USA Today explains, it may have the unintended effect of driving lobbyists underground to chase stimulus money that will be distributed through federal grants:

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President Obama talks about seeking bipartisan accord ... and he reaches out to GOP senators ... but how many Republicans are even open to the need for fixing the economy through government spending?

As The Washington Independent's Dave Weigel points out, that question seems to have been answered in a Senate vote last night. When Sen. Jim DeMint (R-SC) offered an alternative stimulus plan that would replace all government spending in the stimulus with a series of tax cuts, 36 Republican senators voted for it.

To emphasize the point, that means all but four GOPers were perfectly happy with scrapping the core assumption of the president's plan. Here, then, are the four Republican senators whom Obama has the best shot at working with: Susan Collins (ME), George Voinovich (OH), Arlen Specter (PA), and Olympia Snowe (ME).

Now this is welcome news. Congress gave its lickety-split approval yesterday to a bill that would extend a subtle but crucial authority to Neil Barofsky, the federal prosecutor who is serving as the inspector general investigating the Troubled Assets Relief Program, a.k.a. the financial bailout.

If you remember, Sen. Chuck Grassley (R-IA) raised a stink last week when he heard that Barofsky was delayed in getting data from bailed-out banks due to the limits of an obscure law called the Paperwork Reduction Act. The bill that Congress okayed last night, however, appears to make Grassley's concerns very moot.

It states that Barofsky's office does not need advance approval from the Justice Department to perform the following duties specified in the 1978 Inspector General Act:

(A) carry a firearm while engaged in official duties as authorized under this Act or other statute ...

(B) make an arrest without a warrant while engaged in official duties as authorized under this Act or other statute ... for any offense against the United States committed in the presence of such Inspector General, Assistant Inspector General, or agent, or for any felony cognizable under the laws of the United States if such Inspector General, Assistant Inspector General, or agent has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and

(C) seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed

Obama's Day Ahead President Obama is speaking at 9 a.m. at the National Prayer Breakfast. At 11 a.m. he will sign an executive order establishing the President's Advisory Council on Faith, which will revamp the former Bush Administration's faith-based initiatives. At 12 p.m. he will speak at the Department of Energy. At 3 p.m. he and Joe Biden are meeting with Tim Geithner, and at 3:45 p.m. Obama and Biden will meet with Hillary Clinton. At 8 p.m. ET he will speak to the House Democrats' Issues Conference.

Biden Meeting With O'Malley, Cardin And LaHood Joe Biden is holding a public event at 10 a.m. with Maryland Governor Martin O'Malley and Senator Ben Cardin, plus Secretary of Transportation Ray LaHood, to discuss the need for greater investments in infrastructure.

Today: Minnesota Supremes Hearing Case For Franken Certification The Minnesota Supreme Court will be hearing arguments in a very important lawsuit at 10 a.m. ET this morning: The Franken campaign's case that he is entitled to a certificate of election, while Norm Coleman continues to dispute the election result in court. Franken's attorneys believe they have found a state statute that requires a certification, as opposed to the conventional wisdom that one can't be issued until the court case is over, and also argue that he is also entitled to his Senate seat under the federal Constitution.

Gregg: We Need To Work Together On Economic Measures I've Recused Myself From In his interview with CNBC yesterday, Judd Gregg called for bipartisanship as Washington works to improve the economy: "I think it's necessary we work together." Note: Gregg has recused himself from voting on the stimulus package while his nomination for Secretary of Commerce is pending, which in terms of parliamentary procedure is the same as if he were voting No on every cloture motion.

Poll: Dems Start Out Ahead In Wide-Open 2010 Ohio Senate Race A new Quinnipiac poll shows Republican former Congressman Rob Portman trailing two potential Democratic candidates in the 2010 Ohio Senate race, which is an open GOP-held seat. The undecideds remain rather high, though: Portman trails Democratic Lt. Governor Lee Fisher by a 42%-27% margin, and Portman trails Dem Secretary of State Jennifer Brunner by 38%-28%.

Mitt To Headline GOP Dinner The Hill reports that Mitt Romney will be headlining the National Republican Senatorial Committee's annual fundraising dinner, keeping his name and political presence out there for any potential 2012 presidential candidacy. The dinner is scheduled for April 1.

Iowa's David Yepsen Leaving Journalism David Yepsen, the long-time top political columnist in Iowa, is leaving the Des Moines Register to become director of the Paul Simon Public Policy Institute in Southern Illinois. Yepsen has been a major presence in the coverage of past Iowa caucuses, and his departure is a sign of just how much the political journalism field is now changing.

AP Makes Copyright Infringement Claim On Obama "Hope" Poster The Associated Press is claiming copyright infringement on the iconic "Hope" poster of Barack Obama, which appears to have been modeled after a photo of Obama from 2006. The AP wants credit and compensation for the use of the photo, while poster creator Shepard Fairey believes he is protected by fair use, and his attorney is in discussions with the AP.

The Franken legal team have made it clear that they don't intend to simply play defense and prevent Norm Coleman from gaining the 226 votes he'll need to win. In fact, they're playing a very active offense to pick up as many additional votes as they can.

This afternoon, Franken attorney David Lillehaug was questioning Washington County elections official Kevin Corbid, attempting to make a case that some precincts in his county lost ballots during the recount and gave Coleman a net "gain" of ten votes. Corbid's theory has been that ballots were double-scanned by the machines on Election Night, but he admitted that ballot-loss is a possibility, and the evidence isn't complete.

At his press conference earlier this evening, Coleman lawyer Ben Ginsberg fired back. "What you've now seen today is Mr. Lillehaug's attempt to denigrate the results of the election, to call it into question," Ginsberg said, accusing Franken of running down the integrity of election officials -- apparently with no sense of self-awareness.

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In a press conference just now, Coleman lawyer Ben Ginsberg made an interesting declaration: The fact that the Minnesota Senate seat is now empty, depriving the state of full representation, is the Democrats' fault.

Ginsberg was lambasting the Franken campaign's lawsuit to force the state to issue Franken a certificate of election -- which will be argued at the state Supreme Court tomorrow -- as an undemocratic attempt seize the seat, charging that the Franken team know they will lose when all the votes are counted.

When asked by a reporter about the problem of Minnesotans being under-represented Ginsberg explained that there is a constitutional solution to this impasse: Having the Senate declare the seat officially vacant, empowering the governor to make an appointment to the seat. "They don't want to do that because the governor is a Republican," Ginsberg said.

It should be pointed out that Minnesota law currently empowers the governor to make an appointment to a vacant Senate seat, with no special election until the next cycle -- that is, November 2010.

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President Obama's Labor Secretary nominee, former Rep. Hilda Solis (D-CA), will get her long-awaited confirmation vote in the Senate labor committee tomorrow, a aide to that panel just told me.

Solis' nomination had been slowed down by Republicans seeking to twist her arm on the Employee Free Choice Act, a longtime priority of the labor movement and a stated goal of the Obama administration. (Here's more from Matt on the internal politics of that debate.)

The committee has the votes to approve Solis even if every GOPer dissents. The question then is if, and how quickly, a Republican senator subsequently places an anonymous hold on her nomination. We'll be watching.

As the testimony continues today in Minnesota, Franken lawyer David Lillehaug has made a very tough criticism of Norm Coleman's legal team: They haven't done their homework.

Lillehaug has now begun cross-examining Washington County elections official Kevin Corbid, who was called by the Coleman team to explore their case that there remain unfairly excluded ballots. Earlier today, Corbid mentioned that he'd gone back to his office yesterday and done further research on four rejected ballots that the Coleman team had brought up.

Lillehaug decided to explore this, having Corbid go over his review of those four cases mentioned above. It turned out one of the voters went to the precinct on Election Day; another had obtained a second absentee ballot, after the first one had problems, and has been properly counted; another one was actually counted on Election Night, but the empty ballot envelope was accidentally placed in the rejected pile; and one remains rejected, with Corbid standing by the decision.

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