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Biden team weighs informal ban on naming Democratic senators to Cabinet

Joe Biden’s team is considering an informal ban on naming Democratic U.S. senators to the Cabinet if he wins — which would effectively block Elizabeth Warren for Treasury or Bernie Sanders for Labor — people familiar with the discussions tell Axios.

The big picture: Biden, if he wins, is bracing for bruising legislative battles on day one, starting with the next phase of coronavirus relief. Many advisers don’t think he can afford to lose a single vote in the Senate if Democrats hold a slim majority.


  • Biden himself hasn’t made a decision on a potential Senate ban, with his efforts focused on winning on Tuesday, the sources say.

The intrigue: An informal ban could also be an elegant way of tamping down campaigns to place progressive senators in top Cabinet roles by reminding the movement of the priority around enacting legislation.

  • Warren and Sanders both come from an unusual construct — blue states with Republican governors who'd be empowered to fill vacancies.
  • There might be a way for a Democratic supermajority in the Massachusetts legislature to force Gov. Charlie Baker to appoint a Democrat. That looks less likely in Vermont where Gov. Phil Scott is expected to cruise to re-election.

Be smart: Progressives are trying to build momentum for Warren and Sanders, to press a prospective Biden administration to embrace economic justice and eschew traditional special interests.

  • Some members of Biden’s inner circle are deeply skeptical about handing Treasury, which will play a key role in any economic recovery to Warren, who has expressed interest in the job.

Between the lines: If strictly applied, an informal ban also would dash Cabinet hopes for senators from states with Democratic governors, such as Chris Coons, Tammy Duckworth, Amy Klobuchar and Chris Murphy.

  • Biden is close to several of them and would have to gently tell them their services are needed more in the Senate.

But, but, but: If Democrats can secure a comfortable margin in the Senate, there’s less of an argument that losing a single seat would crimp Biden’s agenda.

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Mitch McConnell says he will vote to acquit Trump in second impeachment trial

Senate Minority Leader Mitch McConnell (R-Ky.) told his fellow Senate Republicans in an email that he will vote to acquit former President Trump in his impeachment trial for inciting the deadly U.S Capitol riot on Jan. 6, two sources familiar with the email told Axios.

Why it matters: McConnell's acquittal vote will likely shrink the number of Republicans who considered voting to convict Trump in his second impeachment trial, making a conviction on the House's single charge of "incitement of insurrection" unlikely.

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