Sahil Kapur

Sahil Kapur is TPM's senior congressional reporter and Supreme Court correspondent. His articles have been published in the Huffington Post, The Guardian and The New Republic. Email him at sahil@talkingpointsmemo.com and follow him on Twitter at @sahilkapur.

Articles by Sahil

Sen. Ben Cardin (D-MD) said Monday that Chuck Hagel's nomination for Secretary of Defense "will be controversial," predicting that he "probably will" be confirmed although it's "not a forgone conclusion."

Cardin told Current's "The Bill Press Show" that Hagel "needs to clarify" some of his previous statements and answer questions before earning his support.

The transcript:

HOST: “Good morning, so, first question to you, senator, what do you think about the Chuck Hagel pick from the president?”

CARDIN: “Well, I think it will be controversial. I hope most senators will take their responsibility to advise and consent and let the process move forward. Let's go through the hearings. There are some statements that Senator Hagel has made that he needs to clarify. And we’ll see how the confirmation process proceeds if he’s nominated. But it will be controversial.”

HOST: “Do you think he’ll make it through, though, senator?”

CARDIN: “You know, I am not – the answer is yes, I think he probably will. But I would not -- it's not a foregone conclusion. The Republicans right now seemed to be well organized in opposition. There are Democrats including this senator who have questions that have to be answered before I can support him. So the process is going to have to go forward if the president nominates him. And that's what the confirmation hearings should be about. It should be about putting on the record some of the statements he's made, how he feels about Iran and sanctions, how he feels about US policies towards Israel and the Middle East. I think all those issues need to be on the record so the American people can hear Senator Hagel defend some of the charges that have been made. But quite frankly, I don't think we should pre-judge this."

Watch the video, clipped by the Republican National Committee.


Ahead of his expected Monday nomination for Secretary of Defense, Sen. Jack Reed (D-RI) endorsed Chuck Hagel for the cabinet position.

Reed said in a statement:

“Chuck Hagel will make an outstanding Secretary of Defense.  He is highly qualified and his record of service to this country as a decorated combat veteran, successful CEO, senator, and statesman is extraordinary.

“Chuck is a man of uncommon independence and integrity.  Chuck Hagel’s candor, judgment, and expertise will serve him well as our next Secretary of Defense.

“I fully support his confirmation.”


Reed also tweeted his thoughts: 

Echoing President Obama's refusal to negotiate on the debt limit, Sen. Chuck Schumer (D-NY) warned Republicans on Friday that Democrats have no intention of giving in to any of their demands in exchange for lifting the nation's borrowing limit to pay its bills.

"I think that risking government shutdown, risking not raising the debt ceiling, is playing with fire," Schumer told reporters in the Capitol, in response to a question from TPM. "Anyone who wants to come and negotiate, and say 'we will raise the debt ceiling only if you do A, B, C' will not have a negotiating partner. And if then they don't want to raise the debt ceiling, it'll be on their shoulders. I would bet that they would not go forward with that."

The No. 3 Democrat declared that Obama and congressional Democrats have learned their lesson from the 2011 fiasco that nearly led to a default. He predicted that Republicans will give in and cleanly raise the country's borrowing authority -- which expires around March -- if Democrats stonewall and give them no other option.

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House Speaker John Boehner (R-OH) quelled what was a growing debacle for his party late this week by devising a plan to issue some immediate relief to victims of Hurricane Sandy.

On Friday morning, the House approved $9.7 billion in new borrowing authority for Federal Emergency Management Agency to pay out flood insurance claims. FEMA says it would otherwise run out of money next week.

The vote was 354-67. All the nays were Republicans, and among them was Rep. Paul Ryan (R-WI).

The vote helped Boehner calm the fury of prominent lawmakers from New York and New Jersey after he failed to hold a vote on the relief funding earlier this before the end of the old Congress.

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Sen. Chuck Schumer (D-NY) told reporters Friday that he supports as far a filibuster reform proposal as can pass. He said Democrats should act with 51 votes if bipartisan negotiations do not produce a two-thirds majority to change the rules.

"Well, the bottom line is we have to do something," he said during a press briefing at the Capitol, when asked which filibuster reform plan he supports -- Merkley-Udall or McCain-Levin. "The Senate's broken."

"If we cannot come to a bipartisan agreement we have to get 51 votes for some kind of change in a proposal, and that's easier said than done," said Schumer, a Democratic leadership member. "So I think there's a consensus on the Democratic side that we have to do something. And I would like to go as far as we can with something that passes."

The Violence Against Women Act first became law in 1994 and has since been routinely reauthorized without controversy. By providing resources for law enforcement to combat spousal abuse, it has protected countless women from domestic violence.

But the 2012 re-authorization, like many initiatives of the just-concluded Congress, fell prey to House Republican resistance -- in this case, to expanding the Act to cover more women. In the end, House GOP leaders refused bring to a vote a bill that passed the Senate with a bipartisan supermajority.

"The House Republican leadership's failure to take up and pass the Senate's bipartisan and inclusive VAWA bill is inexcusable," Sen. Patty Murray (D-WA), a Democratic leadership member, told TPM. "This is a bill that passed with 68 votes in the Senate and that extends the bill's protections to 30 million more women. But this seems to be how House Republican leadership operates. No matter how broad the bipartisan support, no matter who gets hurt in the process, the politics of the right wing of their party always comes first."

A Republican source familiar with failed last-minute negotiations to save the measure between Vice President Joe Biden and House Majority Leader Eric Cantor (R-VA) disputed that view. The source blamed Senate Democrats for making a resolution impossible by "constantly shifting the goalposts" and adopting a "my way or the highway approach."

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Sens. Jeff Merkley (D-OR) and Tom Udall (D-NM) held a briefing with reporters Thursday to make the case for adopting their "talking filibuster" proposal with 51 votes via the constitutional option.

Merkley said the McCain-Levin scaled-back bipartisan proposal "does nothing to take on the secret, silent filibuster that is haunting this body" and "gives substantial power to the minority with guaranteed amendments."

Udall said the Merkley-Udall plan has "good momentum" and said he believes it has the necessary 51 votes to pass under what Republicans call the "nuclear option." Changing the rules ordinarily requires 67 votes.

Merkley said his proposal is not about "silencing the voice of the majority."

It was the second press briefing held by the two senators since the McCain-Levin plan was unveiled last week, scrambling the cause of filibuster reform. Senate Majority Leader Harry Reid (D-NV) has not yet announced which approach he intends to take.

Convening the 113th Congress Thursday, Senate Majority Leader Harry Reid (D-NV) called on Speaker John Boehner (R-OH) to be more willing to rely on Democrats to help him pass bills, like he did with the fiscal cliff legislation.

"As Speaker Boehner saw on New Year’s Day, when he allows every member of the House to vote – and not only the Republican members of the House to vote -- Congress can enact bills into laws," he said on the floor. "No major legislation can pass the Senate without the votes of both Democrats and Republicans. During the 113th Congress, the Speaker should strive to make that the rule in the House of Representatives, as well."

In short, Reid appears to be urging Boehner not to worry about the so-called Hastert Rule -- which involves securing a majority of votes within the majority's caucus before letting the chamber vote on bills.

Senate Majority Leader Harry Reid (D-NV) announced Thursday that he will use a procedural move to extend the first legislative day of the 113th Congress in order to leave room for filibuster reform via constitutional option, if need be.

He said on the Senate floor:

"The Senate is simply not working as it should…  But I believe this matter warrants additional debate during the 113th Congress. And Senators deserve additional notice before voting to change Senate rules. So today I will follow the precedents set in 2005 and again in 2011.  We will reserve the right of all Senators to propose changes to the Senate rules.  And we will explicitly not acquiesce in the carrying over of all the rules from the last Congress.  It is my intention that the Senate will recess today, rather than adjourn, to continue the same legislative day, and allow this important rules discussion to continue later this month. I am confident the Republican leader and I can come to an agreement that allows the Senate to work more efficiently."

A Democratic aide involved with filibuster reform expects the legislative day to last until roughly Jan. 22.

Filibuster reform is in trouble, proponents warn, at the hands of a scaled-back proposal they say would enhance rather than diminish the Senate minority's power to obstruct.

Sen. Jeff Merkley (D-OR) says his proposal to force filibustering senators to occupy the floor and speak ceaselessly could be in jeopardy, thanks to a new bipartisan filibuster package that he and his ally Sen. Tom Udall (D-NM) argue would do more harm than good to the cause.

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