It’s not very often that Republicans and Democrats agree on significant policy matters, so when the two parties simultaneously called for quick passage of law enforcement reform legislation to address police brutality and racial bias, a rare bipartisan deal seemed possible.
But rather than sending a bill to President Trump’s desk, Republicans and Democrats by the end of last week were nowhere near a compromise, and the upcoming election may be to blame.
“We’ve got a very, very good piece of legislation that will improve our criminal justice system, that will restore a measure of trust in some of our most important local institutions, and the only thing between us and achieving that outcome is political calculation, cynical political calculation,” Sen. Todd Young, an Indiana Republican who runs the Senate GOP campaign arm, said after Democrats indicated they would block consideration of a police reform measure authored by South Carolina Republican Sen. Tim Scott.
Instead of passing a bill last week, the two parties were left bitterly slinging accusations involving murder and racism at each other. At the same time, hopes for substantial bipartisan reform legislation before July 4 faded away almost entirely.
Scott, the lead author of the GOP measure and one of only three black lawmakers in the Senate, played anonymous voicemail death threats that he’d received to Republican lawmakers in a closed-door lunch on Thursday.
Across the Capitol, Speaker Nancy Pelosi, a California Democrat who opposes the GOP bill, accused Republicans of “trying to get away with murder, actually — the murder of George Floyd” by taking up Scott’s reform measure, which she deemed insufficient to address racial bias and misconduct in policing.
Republicans blamed the heightened partisan infighting on the upcoming November election and what they said they believe is an effort by Democrats to block any legislation that Trump could tout to voters as a win.
Trump is suffering from lower approval ratings following the coronavirus outbreak and the economic standstill created by the lockdowns, some polls have shown. Polls show voters disapprove of Trump’s handling of civil unrest prompted by the death of George Floyd, who died while in the custody of a white police officer.
Last week, a Washington Post/Ipsos poll gave Trump a 36% approval rating and 62% disapproval rating for his handling of the protests and riots that have gripped the nation in recent weeks. However, the poll queried “American adults” and not registered or likely voters.
Democrats would rather block legislation until next year, Republicans said, when the possibility of a Democrat in the White House and perhaps a GOP-led Senate would allow them to pass a police reform bill that includes everything on their wish list, including the elimination of qualified immunity for police officers.
“The only place this is in a holdup is the Democrats’ partisanship to try to make this political instead of finding a solution,” Minority Leader Kevin McCarthy, a California Republican, said.
On Wednesday, Democrats blocked Scott’s JUSTICE Act from moving to the Senate floor for debate despite a rare offer from GOP leaders that would have allowed debate on an unlimited number of amendments.
Hours earlier, the New York Times published a national poll showing Joe Biden with a 14-point lead over Trump.
“They’ve decided to punt this bill until the election. You know why?” Scott said on Wednesday. “Because they believe the polls reflect a 15-point deficit on our side. Therefore, they can get the vote they want in November. All they have to do is win the election, then roll in January and get the chance to write the police reform bill without our support at all.”
Republicans last appeared ready to compromise with the Democrats.
Scott said he was willing to use Democratic language on banning chokeholds, and other Republicans said they were ready to discuss a compromise on qualified immunity.
Sen. Mike Braun, an Indiana Republican, introduced a measure to reform qualified immunity for police officers to remove a “misguided protection that has been extended to those who act under the color of the law to illegally deprive citizens of the rights, privileges, and immunities secured by the Constitution and our country’s laws.”
But by Thursday, talks appeared dead in the Senate, and floor action had moved to a significant defense spending authorization measure. It’s not clear when or if the Senate will try again to take up a police reform measure. They leave Friday for a two-week recess.
Democrats deny election-year politics are behind their opposition to the GOP measure. Sen. Tim Kaine, a Virginia Democrat, acknowledged “virtues in both” bills but said Democrats want to start over with bipartisan negotiations to create an entirely new compromise bill.
Senate Minority Leader Chuck Schumer, a New York Democrat, said the amendment process offered by the GOP on the Scott bill would have left the measure “unsalvageable” and pointed to unanimous opposition to the GOP bill from civil rights organizations.
Despite Senate Democrats calling for a two-party compromise, there was no sign of bipartisan negotiations in the House.
There is little chance McConnell will bring the House measure to the floor in the Senate.
Senate Democrats remained hopeful that negotiations could begin anew on a compromise reform bill in the Judiciary Committee, but panel Chairman Lindsey Graham said the Democratic Party is far too worried about its far-left base and winning in November to negotiate with the GOP or Trump on major legislation.
“Every elected Democrat in office and every Democrat running for office lives in fear of the mob and ‘the Squad,'” Graham said on Wednesday. “The idea of working with Donald Trump to accomplish objectives to help America is a one-way ticket to political exile.”
