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Mnuchin: Democrats will have "lot of explaining to do" if they sue over unemployment order

Treasury Secretary Steven Mnuchin insisted on "Fox News Sunday" that President Trump's executive orders on coronavirus aid were cleared by the Justice Department's Office of Legal Counsel, and said that Democrats are going to "have a lot of explaining to do" if they choose to challenge them in court.

Why it matters: Democrats and even some Republicans have criticized Trump's decision to circumvent Congress to extend unemployment benefits as executive overreach, given that the Constitution gives Congress power to appropriate spending.


  • House Speaker Nancy Pelosi called the orders "absurdly unconstitutional" on CNN, but would not say whether Democrats would sue to stop them.
  • Senate Minority Leader Chuck Schumer (D-N.Y.) rebuked the orders on ABC's "This Week" as weak and ineffective, but said he would "leave that up to the attorneys" when asked whether they were legal.

The executive orders:

  1. Defer payroll taxes for Americans earning less than $100,000 a year.
  2. Implement a moratorium on evictions and give financial assistance to renters.
  3. Add $400 per week in extra unemployment benefits through the end of 2020, requiring states to cover 25% of the additional benefits.
  4. Postpone student loan interest and payments through the end of 2020.

What they're saying: "We've cleared with the Office of Legal Counsel all these actions, before they went to the president," Mnuchin said when pressed on Sen. Ben Sasse's (R-Neb.) claim that the orders are "unconstitutional slop."

  • "The president knew unemployment insurance was ending. He said let's continue at $400. By the way, the 25% from the states — they can either take that out of the money we've already given, or the president can waive that. We've been told by the states they can get this up and running immediately.'
  • "And I would say if the Democrats want to challenge us in court and hold up unemployment benefits to those hardworking Americans who are out of a job because of COVID, they're going to have a lot of explaining to do."

Go deeper: Pelosi says states "don't have the money" for Trump's unemployment order

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Schumer demands Amy Coney Barrett recuse herself from Affordable Care Act, election cases

Senate Minority Leader Chuck Schumer (D-N.Y.) on Sunday called on Supreme Court nominee Amy Coney Barrett to commit to recusing herself from cases involving the Affordable Care Act and the 2020 election.

Why it matters: Barrett wrote in 2017 that Chief Justice John Roberts betrayed the tenets of conservative legal analysis when he upheld the Affordable Care Act. The law will be back before the court in November. Democrats have made it central to their messaging that Barrett will try to invalidate the law if she is confirmed to the court.

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Trump campaign to run election night war room on White House grounds

The Trump campaign will run itselection night war room at the Eisenhower Executive Office Building, located steps from the West Wing, the Trump campaign confirmed to Axios.

Why it matters: The decision to move the main political operation from the campaign's headquarters in Rosslyn, Va., to the White House complex is the latest example of the Trump administration blurring the lines between governing and political activity.

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House will transmit article of impeachment to Senate on Monday, Schumer says

Senate Majority Leader Chuck Schumer (D-N.Y.) announced that the House will deliver the article of impeachment against former President Trump for "incitement of insurrection" on Monday.

Why it matters: The Senate is constitutionally required to begin the impeachment trial at 1 p.m. the day after the article is transmitted. Minority Leader Mitch McConnell (R-Ky.) had been pushing for the trial to begin in mid-February, arguing that it will force the Senate to delay other important business.

This story is breaking news. Please check back for updates.

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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