In it, but not of it. TPM DC

It took until most of America had gone to bed, but the Democratic Congress finally posted its stimulus deal for the public to peruse at around 11:45pm. You can download the full text of the measure, split into four parts, at this site (see the left-hand links).

Several contentious provisions were tweaked in the waning hours of Thursday, reflecting changes from the leaked summary we'd showed you. But the biggest news is a question that was unresolved until the very last minute: the fight to keeping the Senate stimulus' strong executive pay limits resulted in one victory.

Sens. Ron Wyden (D-OR) and Olympia Snowe (R-ME) lost their push to claw back bonuses paid to banks receiving government bailouts, but Senate Banking Committee Chairman Chris Dodd's (D-CT) CEO pay limits did survive. It's not as stringent as the Wyden-Snowe limits, or Sen. Claire McCaskill's (D-MO) plan to cap bailed-out bank salaries at $400,000, but it's a win nonetheless.

Read a summary of Dodd's provisions, which are expected to become law by Monday, after the jump.

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House To Vote On Stimulus Today The House of Representatives is set to vote today to pass the stimulus bill, after Congressional negotiators spent last night hammering out the final differences over school-construction spending and tax cuts. The Senate could vote on it either today or over the weekend, which would then send it to the White House for President Obama's signature.

Obama's Day Ahead: Meeting With Business Leaders, Heading To Chicago President Obama is speaking at 10:30 a.m. ET to members of the Business Council at the White House. At 12:20 p.m. ET he will be having lunch with Vice President Biden in the Oval Office. Then at 4 p.m. ET he will leave the White House to go to Chicago, scheduled to arrive at O'Hare at 6 p.m. ET.

Biden Discussing Nuclear Proliferation With Current And Former Diplomats Joe Biden is meeting today with former Clinton-era Secretary of Defense William Perry, currently of the International Commission on Nuclear Non-Proliferation and Disarmament. They will be holding a closed-door meeting, at which they will be joined by former foreign ministers from Australia and Japan, as well as the current ambassadors to the U.S. from those countries.

Panetta Confirmed To Head CIA The Senate last night confirmed Leon Panetta to be CIA Director. Panetta was easily approved on a voice vote.

Gregg: I'm "Probably Not" Running Again; Hodes Still In Judd Gregg appealers to be giving himself some wiggle room on whether he'll run again for the Senate in 2010, telling reporters yesterday that he is "probably not" going to seek re-election. Meanwhile, Democratic Congressman Paul Hodes has reaffirmed that he's still in the race.

Menendez Predicts Good 2010 For Senate Dems, Pins Economy On GOP DSCC chairman Bob Menendez told reporters he is optimistic about the 2010 campaign, as the Democrats move to get the 60-plus seats that could overcome Republican filibusters. Menendez also said he does not think the voters will blame Obama and the Democrats for lingering economic problems, giving a preview of what Dems will be saying next year: "They understand what President Obama inherited."

Obama Jokes About Judd Gregg While paying tribute to Abraham Lincoln at a dinner last night in Springfield, Illinois, President Obama fired off this joke: "Possibly in his law office, his feet on a cluttered desk, his sons playing around him, his clothes a bit too small to fit his uncommon frame, maybe wondering if somebody might call him up and ask him to be commerce secretary..."

Well, that was weird. I guess the senatorial career and presidential aspirations of Bonnie Newman have been cut a bit short.

Gregg seems to have acquitted himself better at the press conference than in his statement which at first seemed to suggest that he was going to try and play Sir Thomas More in "A Man For All Seasons," dying on a pyre to protect the sanctity of the Census from the politically expedient ruler.

I still think the Census thing has a slightly bogus quality to it. Gregg surely had more than enough clout to ensure that the Census Director, whoever it was, was someone he could live with even if the appointment was not his alone to make. It's not like the President was going to force Terry McAuliffe or some Demohack on him.

The stimulus thing is a little odd, too, since the whole package moved in a more Collins-Snowey direction in the last week. He should have been more reconciled to the bill by week's end, not less. But, that said, if he changed his mind for his own reasons or in part because he had raised eyebrows back home, then it's probably better we know now.

I pitch Eric Schmidt for the job. It's primarily a science job. NOAA is most of the budget. And then there's the Census. What Google was meant for (albeit in a slightly creepy way).

A pretty funny dynamic has developed in the Minnesota court case, different from the way we're used to seeing judicial issues argued in this country: The left is arguing for a strict interpretation of the law, while the right is taking the side that the mere letter of the law fails to grasp the situation.

The court today heard arguments on whether the campaigns think particular categories of rejected absentee ballots should be counted -- that is, whether certain kinds of errors should be forgiven for one reason or another. As we saw earlier, the Coleman camp now has a very expansive view that nearly all the rejected ballots should be included, even if it goes against the letter of the law.

For example, Coleman lawyer James Langdon said that the Franken team "would have you sit in a vacuum, strictly interpreting a statute," without taking into account the facts that have come into the court and shown just how complicated this all is. He also said that the circumstances of this case were "creating penumbras" around the written law.

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President Obama recently announced that he would hold a fiscal responsibility summit at the end of this month, with a particular focus on the long-term funding shortage that faces Social Security and Medicare.

And who's bound to be high on the guest list? None other than Sen. Judd Gregg (R-NH), who abruptly pulled out of contention to become Commerce Secretary today. Not to mention that when Obama releases his maiden budget proposal -- also likely to come before month's end -- the leader of the opposition will be none other than Gregg, the senior Republican on the Budget Committee.

All together now, everyone: Awkward!

"It really is going to be very interesting" when the budget debate pits Gregg against the Obama team, budget expert Robert Bixby told me. Bixby is executive director of the Concord Coalition, a nonprofit fiscal watchdog.

"I actually could never quite figure out why Gregg had accepted the Cabinet position in the first place, since it was obvious that [he and the president] had some very fundamental disagreements about fiscal policy," Bixby added.

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White House press secretary Robert Gibbs has just released this statement, putting the blame for Judd Gregg's withdrawal squarely on Gregg -- that Gregg had said at the outset they could work together despite economic policy differences, then didn't follow through:

"Senator Gregg reached out to the President and offered his name for Secretary of Commerce. He was very clear throughout the interviewing process that despite past disagreements about policies, he would support, embrace, and move forward with the President's agenda. Once it became clear after his nomination that Senator Gregg was not going to be supporting some of President Obama's key economic priorities, it became necessary for Senator Gregg and the Obama administration to part ways. We regret that he has had a change of heart."


Late Update: It turns out Judd Gregg blames Judd Gregg, too:

"I couldn't be Judd Gregg and serve in the Cabinet. I should have faced up to the reality of that earlier," Gregg said. "I've been my own person and I began to wonder if I could be an effective team player. The president deserves someone who can block for his policies. As a practical matter I can contribute to his agenda better -- where we agree -- as a senator and I hope to do that."

One important development may have just come from legal arguments by Coleman lawyer James Langdon: He has definitively stated that the Coleman camp does not want to include fraudulent ballots, despite some past arguments that have gone on.

Langdon did say that the burden of proof for fraud, which would lead to ballot rejection, has to be very high. After all, a voter is signing both an application and a ballot envelope, which certify that they are legal voters under penalty of a felony charge.

"We will not play loosey-goosey here," said Langdon. "We will not countenance anything that constitutes fraud or the possibility of fraud. But we will believe that Minnesota's voters say what they believe and believe what they say, like Horton the Elephant."

As an example of a specific case where evidence of improper behavior exists, he mentioned Douglas Thompson, the friendly Coleman witness who testified in court that his girlfriend forged his signature on the absentee-ballot application, and who said his ballot should be counted because he signed the actual ballot envelope.

That's a huge reversal from Coleman lawyer Joe Friedberg, who said he didn't care about the procedures in Thompson's case, or Friedberg's other attempt to admit that one person had illegally signed and cast two ballots, but one of them should be counted.

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I won't claim to know the precise reasons why Judd Gregg, who last week stood with President Obama, and vowed to work with him as Commerce Secretary is now withdrawing. But a couple of sources in New Hampshire politics chalk it up to the abuse Gregg was taking over the past few weeks, first from some on the right for going into the liberal Obama administration and then from all sides for being too cute about the stimulus package, abstaining from voting for or against it. Gregg was ridiculed in New Hampshire's most important newspaper, the Union Leader.

The situation creates headaches for everyone. Back home, Gregg might come to be seen as principled for staying in his seat but at the moment he looks weirdly indecisive and he still faces a tough reelection bid in 2010 if he chooses to run again. He's embarassed a popular governor, John Lynch, who took some political risks by nominating a Republican to fill Gregg's seat. But the biggest fallout is probably for the Obama administration which has seen two other cabinet nominations (those of Tom Daschle to be HHS Secretary and Bill Richardson to head Commerce) blow up on the launch pad.

It's hard to see why the differences with Obama had somehow become irreconcilable for Gregg. The stimulus package has moved in a conservative direction since the days when he was named to the Commerce post. And if he's feeling neutered over the decision to make the Bureau of the Census appointment, which I wrote about at the time, a White House-appointed position, surely he could have worked behind the scenes to make sure someone sufficiently politically independent got the slot. He didn't have to switch caree to guarantee someone who met with his approval got the Commerce slot.

The withdrawal would seem to be very different than that of Tom Daschle's in most ways. There was no hint of financial or personal misdeed about Gregg. But the two withdrawals are similar in the sense that the person's peer group started to come down on them. In the case of Daschle, it was the New York Times and the chattering classes who had begun to transform him from aw-shucks good guy to limousine villain. Likewise, Gregg's peer group was giving him crap back in New Hampshire and he, like Daschle, withdrew although Daschle at least gave the White House a few hours to scramble so they could release simultaneous statements of regret. This time, the White House had no heads up, so far as I have heard. You have to wonder what the president will think about his outstretched hand after its been slapped like this.

Late Update: Gregg has reaffirmed to the ABC affiliate in New Hampshire that he is not running for re-election in 2010. (e.k.)

In some key arguments just now before the Minnesota election court, lead Coleman lawyer Joe Friedberg has just advanced a novel argument: While he's until now been arguing ballot by ballot that certain rejected absentee envelopes really meet all legal requirements, he's now going much farther -- demanding that a large number of votes that don't meet the requirements be counted, anyway. And failure to do so is a violation of Equal Protection.

Friedberg's argument is that most of them must be counted -- though he was careful to say that this would not mean all of them --because there have already been documented cases of improperly-accepted ballots elsewhere in the count, where a voter clearly failed to properly fill out the required forms. "There's not a single type of malady in the ballot or application process that has not already been admitted one way or the other," he said.

And since he defines an Equal Protection violation as a failure to treat similarly-situated people exactly the same, this means it's a violation of Equal Protection rights to not count invalid votes, if it can be shown that a significant number of similarly-illegal ballots were counted elsewhere.

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