Despite former President Donald Trump’s Senate looming Feb. 8 impeachment trial, President Joe Biden’s inauguration sought to try to begin to stitch the nation back together following a bitter election cycle, with members of the state’s congressional delegation in attendance.

Sen. Catherine Cortez Masto, Sen. Jacky Rosen, Rep. Dina Titus, Rep. Susie Lee and Rep. Steven Horsford posted pictures of themselves at Biden’s swearing-in ceremony Wednesday. Rep. Mark Amodei, the state’s only congressional Republican, did not attend. 

Those who attended also issued statements of congratulations that echoed Biden’s theme of unity and hopes for bipartisanship.

“I’m hopeful we can come together to pass comprehensive coronavirus relief legislation, revitalize our economy, reduce the impact of climate change, fix our broken immigration system, and address many of the other issues facing the Silver State,” Cortez Masto said.

The state’s congressional Democrats also welcomed the slew of executive actions, 17 just after being sworn in, that Biden signed in his first few days in office. Those included one mandating mask wearing and social distancing in federal buildings and public lands and another directing the Department of Homeland Security to reaffirm the Deferred Action for Childhood Arrivals program, which shields from deportation those brought illegally into the country as children. 

Senate

But as Biden flexed his executive authority, a partisan standoff in the Senate over the legislative filibuster and Trump's impeachment trial could make or break Biden’s legislative agenda, including comprehensive immigration reform and a $1.9 trillion COVID aid package.

Passing more pandemic relief is a priority for the state’s congressional delegation as the state has struggled with high unemployment and a potential wave of evictions.

“I am encouraged by President Biden's current proposal which includes vital health for many struggling families and industries that I hear from on a regular basis,” Cortez Masto told reporters in a call last week. 

Her comments came as the Nevada Department of Employment, Training and Rehabilitation (DETR) reported that the state’s unemployment rate dropped to 9.2 percent in December, down from 10.4 percent in November. Though it’s the first time since April the rate has been below 10 percent, DETR also reported that Nevada’s labor force participation rate has dropped below 60 percent for the first time since May — and the headline unemployment rate does not include forced part-time workers or gig workers who are underemployed.

Following Biden's inauguration, the Senate switched to Democratic control after Vice President Kamala Harris swore in three new senators. The addition of Sen. Jon Ossoff of Georgia, Sen. Raphael Warnock of Georgia and Sen. Alex Padilla of California gave Democrats 50 seats in the Senate. The GOP also holds 50 seats, but Harris, as president of the Senate and potential tie-breaking vote, gives Democrats the edge in the 50-50 divided chamber.

Negotiations between Majority Leader Chuck Schumer, the Senate’s top Democrat, and Minority Leader Mitch McConnell, the chamber’s most senior GOP member, over a power-sharing agreement — known as an organizing resolution — has stalled over a GOP effort to protect the filibuster. The organizing resolution also is needed to seat Democrats at the heads of Senate committees and subcommittees. 

Under current Senate rules, most legislation needs 60 votes to advance, which gives the minority significant power, especially in an evenly divided Senate. Typically, it takes a two-thirds majority vote to change the Senate rules. But Democrats, with their majority, could change the filibuster rule with a simple majority vote — a procedure colloquially called the “nuclear option.” 

Former Senate Majority Leader Harry Reid used the move to ditch the filibuster for most nominations in 2013, and McConnell used it to confirm Supreme Court Justice Neil Gorsuch in 2017.

McConnell wants to include a provision in the Senate organizing resolution that would prevent Democrats from getting rid of the legislative filibuster. Since the early 20th century, the legislative tool has come to define the Senate as “the greatest deliberative body.” But later generations of senators have increasingly framed it as a tool of obstruction.

Schumer said Thursday that Democrats want the resolution to mirror the one from 2001, the last time there was a 50-50 divided Senate.

“Our caucus is strongly opposed to any extraneous provisions,” Schumer told reporters. 

On Thursday, McConnell also pointed to the 2001 resolution, which was struck when there was "no talk of tearing down long-standing minority rights on legislation."

“So if the talk of unity and common ground is to have meaning… And certainly if the rules from 20 years ago are to be our guide…Then I cannot imagine the Democratic leader would rather hold up the power-sharing agreement than simply reaffirm that his side won’t be breaking this standing rule of the Senate,” McConnell said.

It's unclear whether there are enough Democratic votes to end the filibuster. White House spokeswoman Jen Psaki stressed Biden's push to work with the GOP when asked about Biden's preference Thursday. But that could change if Democratic efforts to pass legislation meet with enough GOP resistance. 

Democrats also plan to use the so-called reconciliation process, which allows legislation that affects the budget to be passed with only a majority vote. Biden’s COVID-package is a likely candidate for reconciliation, but measures like reforming immigration laws and renewing the 1964 voting rights act would probably not be. 

Many Republicans, including Sen. Susan Collins of Maine, have said Biden’s COVID proposal costs too much. 

“It's hard for me to see, when we just passed $900 billion worth of assistance, why we would have a package that big,” Collins told reporters Friday.

Collins is one of 16 senators — eight Democrats and eight Republicans — who will meet with White House officials over the weekend to discuss the bill.

Cortez Masto and Rosen have not said whether they support ending or weakening the legislative filibuster. Both pride themselves on working across the aisle but are also typically reliable Democratic votes for party leadership.

Impeachment

Schumer announced on the Senate floor Friday that he had reached a deal with McConnell to delay the trial until Feb. 8 to allow the Senate to continue to process Biden's cabinet nominations and give Trump time to prepare his defense.

The deal only applies to pre-trial proceedings. An agreement would still be needed for procedure once the trial begins, for example, if the Senate will hear from witnesses. But those matters can be decided as they come up by unanimous consent or simple majority vote.

Republican Sen. Graham of South Carolina, a Trump ally, said it would be unfair to start the trial next week, as Trump only found a lawyer on Thursday — South Carolina Butch Bowers, who has represented former South Carolina Govs. Nikki Haley and Mark Sanford.

Graham’s comments came after Speaker Nancy Pelosi said that Monday evening would when she sends the article of impeachment recently approved by the House — accusing Trump of inciting insurrection when his supporters attacked the U.S. Capitol on Jan. 6, which left five people dead — to the Senate.

Without the Schumer-McConnell agreement, that would have triggered the trial to begin Tuesday, under Senate impeachment rules. 

On Thursday, Pelosi was asked whether pursuing the impeachment clashed with Biden’s unity message. She said that unity requires holding Trump accountable.

“The fact is, the president of the United States committed an act of incitement of insurrection,” Pelosi said. “I don't think it's very unifying to say, ‘Oh, let's just forget it and move on.’  That's not how you unify.” 

Democrats — including Rep. Jaime Raskin of Maryland, the House's lead prosecutor—want a quick trial. Raskin told reporters last week that the trial would not need to be as long as the roughly three-week trial in 2019. 

A short trial has raised concerns among Republicans about Trump’s right to due process, possibly setting up a reason to vote to acquit. Democrats need 17 Republicans to vote with them to reach the two-thirds threshold to render a guilty verdict. GOP Sen. John Cornyn of Texas said last week that the House process was not serious and questioned the Senate process. “It is a serious issue, but it's not a serious effort to comply with the requirements of due process of the Constitution when it comes to impeachment,” Cornyn said Friday.

There is also the question of whether it is constitutional for Trump to be impeached after leaving office. Graham believes the constitutional question favors Trump. Cortez Masto told reporters last week she believes it is constitutional. 

According to the Congressional Research Service (CRS), Congress' research branch, most scholars believe that Congress likely does have the authority to impeach a former president. But CRS also noted that an argument could also be made that a plain-text reading of the Constitution's impeachment provision does not account for former officeholders.

The most recent precedent comes from the 1876 impeachment of Secretary of War William Belknap. He resigned on March 2, the same day the House was scheduled to vote on his impeachment, to avoid the charges. The House nevertheless impeached Belknap. He was also tried in the Senate after senators voted 37 to 29 that Belknap was “amenable to impeachment” even though he left office. However, Belknap was not convicted and many of the 'no' votes were based on the belief that the Senate had no authority to convict a former officeholder. 

The agreement to start the trial on Feb. 8 came after McConnell, Thursday, called for delaying the trial until mid-February to allow Trump to prepare a defense, ensuring that the trial is fair.

“Senate Republicans are strongly united behind the principle that the institution of the Senate, the office of the presidency, and former President Trump himself all deserve a full and fair process that respects his rights and the serious factual, legal, and constitutional questions at stake,” McConnell said in a statement. 

McConnell contrasted the proposed roughly two-week delay with the House impeachment vote, which came one week after the riot. 

“Given the unprecedented speed of the House’s process, our proposed timeline for the initial phases includes a modest and reasonable amount of additional time for both sides to assemble their arguments before the Senate would begin to hear them.”

Nominations

Despite the lack of an organizing resolution, the Senate is beginning to approve some of Biden’s nominees, including Gen. Lloyd Austin, who was confirmed 93 to 2 Friday, the first African American to become defense secretary.

Cortez Masto and Rosen voted in favor of the nomination despite voting against the waiver Austin needed from the law requiring the defense secretary be seven years beyond active military duty.

The two also participated in hearings last week on other Biden’s nominees, including Janet Yellin to be treasury secretary and Pete Buttigieg to be transportation secretary. 

At a Senate Banking Committee hearing, Cortez Masto questioned Yellin about the need to boost the travel and tourism industry. Yellin said that among the Biden administration’s priorities is to beat back the virus to make it safe to travel again.

Until then, the administration wants to make “sure that we support the workers and the businesses that have been so badly affected, giving them the aid they need to get through this,” Yellin said. “And to help state and local governments in a variety of ways—reopen schools, make sure that you don’t have to fire emergency workers because of the budget pressures that your state faces, and other states.”

Cortez Masto asked Yellin whether tax credits to individuals and businesses would be effective in boosting travel. Cortez Masto has introduced legislation to do just that once it’s safe to travel. Yellin promised to look at her bill.

Rosen questioned Buttigieg at a Senate Commerce, Science and Transportation Committee hearing. She got commitments from Buttigieg to help complete the Arizona portion of I-11, connecting Las Vegas and Phoenix, as well as a promise that he would support additional aid for airports in COVID-relief legislation and any infrastructure package.

Rosen also pressed Buttigieg on transporting nuclear waste to Yucca Mountain, a frequent argument against building a national nuclear waste repository outside of Las Vegas. 

“For over 30 years, we have opposed the Yucca Mountain nuclear waste disposal project, in part because it would require transporting nearly 9,500 rail casks in 2,800 trains and 2,650 trucks from across the country to Nevada,” Rosen said.

Biden has said he opposes the project, and Buttigieg said he shares “the concerns that you’ve raised, not just from the Nevada perspective but all across the route.”

For a full rundown of the measures the delegates supported or opposed this week, check out The Nevada Independent’s congressional vote tracker and other information below.

SEN. CATHERINE CORTEZ MASTO

Legislation co-sponsored:

S.Res. 5 – A resolution honoring the memory of Officer Brian David Sicknick of the United States Capitol Police for his selfless acts of heroism on the grounds of the United States Capitol on January 6, 2021.

SEN. JACKY ROSEN

Legislation co-sponsored:

S.Res. 5 – A resolution honoring the memory of Officer Brian David Sicknick of the United States Capitol Police for his selfless acts of heroism on the grounds of the United States Capitol on January 6, 2021.

REP. DINA TITUS

Legislation sponsored:

H.R. 367 – To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes.