Comey's firing: How Congress responded

[View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: May 6 - May 12What's on tap next week: May 13 - May 19 What's on tap? Comey's dismissal sparked varying responses from congressional members. Many Democrats and Republicans expressed concern over the firing in light of the FBI's ongoing investigation into Russia's involvement in the 2016 presidential election. Others supported Trump's decision, stating that he had acted within his authority as president and citing many Democrats' prior condemnations of Comey during the course of the Clinton email investigation. Comey's removal also sparked calls from a number of Democrats to appoint a special prosecutor to lead the FBI's Russia investigation. [Review comments made by various senators and House members.]( [Reaction of U.S. Senators to the firing of James Comey]( The Week in Review Saturday, May 6 Montana special election candidates discuss healthcare in the wake of the House passing the AHCA - In a conference call with donors last week, [Greg Gianforte]( the Republican candidate for the [open House seat in Montana]( said that he was thankful the [American Health Care Act]( had been passed by the U.S. House of Representatives. Gianforte's campaign manager [clarified]( "[Gianforte is] thankful we are in the process of repealing Obamacare, because he believes we must repeal and replace Obamacare before it collapses. But he couldn't have voted for a bill without knowing what is in it and how it effects Montanans." Gianforte opposed the first version of the bill, which failed to reach a vote in March, because he did not believe it would reduce premiums. Democrat [Rob Quist]( [said]( that the [Affordable Care Act]( should be strengthened rather than repealed and administrative costs reduced. "I think a lot of it is just the sheer bureaucracy, and if you have a system that is more like a Medicare system, that's one way. And not to have so many insurance companies would kind of make that happen that way," he said. - This special election to replace the seat previously held by [Ryan Zinke]( (R), who [joined]( the Trump administration as secretary of the U.S. Department of the Interior in March, will be held on May 25, 2017. - Gianforte and Quist will be joined on the ballot by Libertarian candidate [Mark Wicks](. --------------------------------------------------------------- Monday, May 8 Fourth Circuit hears appeal of Trump’s immigration EO - The [United States Court of Appeals for the Fourth Circuit]( heard an appeal of a nationwide preliminary injunction issued in April by U.S. district judge [Theodore Chuang]( of the [District of Maryland]( related to President Donald Trump’s [immigration executive order]( dated March 6, 2017. The Fourth Circuit sat [en banc]( meaning all active judges on the court were eligible to hear the case, however judges [Allyson Kay Duncan]( and [J. Harvie Wilkinson]( recused themselves.  Though judges are not obligated to provide reasons for recusal, [The Washington Post]( noted that Acting Solicitor General Jeffrey Wall, who argued the case for the government, is Judge Wilkinson’s son-in-law.  Both Duncan and Wilkinson were appointed by Republican presidents.   During arguments, the judges focused questioning on whether the ban was a neutrally applied exercise of presidential authority over border security or whether President Trump’s statements made as a candidate provided evidence of animus towards Muslims that rendered his order discriminatorily and illegally applied to Muslims.  Another issue raised during oral argument was whether the plaintiffs in the case had standing to challenge the order as applied to them.  If the court determines that the plaintiffs’ standing is unclear, the circuit court may return the case to Judge Chuang to conduct fact-finding on the standing question.  It is not yet known when the Fourth Circuit will issue its ruling. Judge Chuang’s April order halted implementation of the portion of the executive order that would have prevented Iran, Libya, Somalia, Sudan, Syria, and Yemen nationals from receiving visas. In his order, Chuang highlighted public statements made by Trump to demonstrate that there was evidence of religious purpose in suspending travel from the seven countries affected by the order. Chaung wrote, "these statements, which include explicit, direct statements of President Trump's animus towards Muslims and intention to impose a ban on Muslims entering the United States, present a convincing case that the First Executive Order was issued to accomplish, as nearly as possible, President Trump's promised Muslim ban." - To read more on Trump’s executive order, click [here](. Trump nominates eight to federal bench - On Tuesday, President [Donald Trump]( nominated eight individuals to serve as federal judges. Seven of those eight appointments were to [Article III appointments]( confirmed nominees to Article III positions are commissioned to serve life terms. The other nominee, [Damien Schiff]( was nominated as a judge to the [United States Court of Federal Claims]( an Article I tribunal. Judges confirmed to that court are commissioned to serve 15-year terms of office. The individuals Trump nominated on May 8, 2017, were: - [Joan Larsen]( [United States Court of Appeals for the Sixth Circuit]( - [John K. Bush]( [United States Court of Appeals for the Sixth Circuit]( - [Amy Coney Barrett]( [United States Court of Appeals for the Seventh Circuit]( - [David Stras]( [United States Court of Appeals for the Eighth Circuit]( - [Kevin Newsom]( [United States Court of Appeals for the Eleventh Circuit]( - [David C. Nye]( [United States District Court for the District of Idaho]( - [Scott Palk]( [United States District Court for the Western District of Oklahoma]( - [Damien Schiff]( [United States Court of Federal Claims]( - In addition, Trump announced his intention to nominate two other individuals to Article III positions. Those potential nominees are: - [Dabney Friedrich]( [United States District Court for the District of Columbia]( - [Terry F. Moorer]( [United States District Court for the Middle District of Alabama]( - For more on Trump’s 2017 nominees, click [here](. - To read our report on Trump’s first-term prospects for judicial nominations, click [here](. Sinclair Broadcast Group expands with purchase of Tribune Media, WGN - Sinclair Broadcast Group, already the country’s largest owner of local television stations, [purchased Tribune Media]( its cable channel WGN—for $3.9 billion. The deal means that Sinclair will reach 70 percent of American households. During the 2016 presidential election, [Trump]( advisor and son-in-law [Jared Kushner]( [struck a deal with Sinclair]( giving the company more access to Trump in exchange for airing the Trump interviews on Sinclair affiliates without commentary. Former acting AG testifies before Senate committee about Michael Flynn’s potential to be compromised - In February 2017, [Michael Flynn]( resigned from his position as national security advisor amid reports that he did not tell Vice President [Mike Pence]( that he discussed sanctions against [Russia]( with Russian ambassador Sergey Kislyak. Former Acting Attorney General Sally Yates testified before the [Senate Committee on the Judiciary]( on Monday about Flynn's interactions with Kislyak and her subsequent communications with the Trump administration about the security risk that Flynn posed. She met with White House counsel [Donald McGahn]( twice in January 2017 to inform him that Flynn had lied when he said he had not discussed Russian sanctions with Kislyak. "Well, our point was—is that logic would tell you that you don't want the national security adviser to be in a position where the Russians have leverage over him. Now, in terms of what impact that may have or could have had, I can't speak to that, but we knew that was not a good situation, which is why we wanted to let the White House know about it," she [said](. Yates [added]( that she believed Pence had a right to know that the information he had reported to the public based on Flynn's statements was inaccurate. Wilson confirmed as Air Force secretary - By a vote of 76-22, [Heather Wilson]( was confirmed by the Senate to serve as the 24th United States secretary of the Air Force. She was the first of President [Donald Trump's]( military branch leaders to be confirmed. Trump nominated her for the position on January 23, 2017. The Air Force secretary is responsible for overseeing the United States Air Force and reports directly to the secretary of defense. - See also: [Federal policy on the military, 2017-2020]( --------------------------------------------------------------- Tuesday, May 9 Trump fires FBI Director James Comey - President [Donald Trump]( fired FBI Director [James Comey](. Initially White House officials said that Comey was fired after Attorney General [Jeff Sessions]( and Deputy Attorney General Rod J. Rosenstein recommended that Trump do so because of Comey's handling of the [investigation into Hillary Clinton’s emails]( but Trump said in an interview on Thursday that he was going to fire Comey regardless of the recommendation to do so made by DOJ officials. Trump told NBC News’ Lester Holt, “I was going to fire regardless of recommendation. He [Deputy Attorney General Rod Rosenstein] made a recommendation. He's highly respected. Very good guy. Very smart guy. The Democrats like him. The Republicans like him. He made a recommendation. But regardless of recommendation, I was going to fire Comey.” - At the time of his dismissal, Comey was [investigating potential ties between the Trump campaign and the Russian government](. - Read more about the events leading up to and following Comey’s firing [here](. - See what members of Congress are saying about Comey’s firing [here](. Politico compiles unofficial White House visitor log - After the White House announced that it would not make public its visitor logs, Politico compiled a [database]( of individuals with direct access to President [Donald Trump]( through public schedules, news stories, and reporter accounts. According to Politico, he has interacted most frequently with Secretary of State [Rex Tillerson]( Secretary of Commerce [Wilbur Ross]( and Secretary of the Treasury [Steve Mnuchin]( in his Cabinet. The database also contains information about foreign leaders, politicians, and executives that Trump has spoken with. Second Circuit panel hears ongoing bias discrimination class action lawsuit - A three-judge panel of the [U.S. Court of Appeals for the Second Circuit]( heard arguments in a class action against Sterling Jewelers, which is the parent company of Jared and Kay Jewelers, alleging various forms of discrimination and sexual harassment under Title VII of the Civil Rights Act. According to a [report]( in [The New York Times]( the class action “includes 69,000 current or former employees and accuses Sterling of pay discrimination against women.” In declarations filed by some of the plaintiffs, first obtained by [The Washington Post]( and [reported]( by USA Today, the suit also alleges “reports of a rape, male managers cavorting in a swimming pool with topless female employees at a mandatory manager's conference and a witness who tells of a male manager suggesting that a female co-worker swipe a credit card between her breasts.” The suit, which was first filed in 2008, is part of an ongoing bias arbitration suit against Sterling. The judges on the panel were [Peter Hall]( [Jon Newman]( and [Rosemary Pooler](. Republican super PAC begins airing ads in Georgia’s 6th District - The [Congressional Leadership Fund]( a [super PAC]( endorsed by House Republicans, [began airing ads]( attacking [Jon Ossoff]( (D) in the [runoff election]( to represent [Georgia’s 6th Congressional District]( on June 20. [The group’s first ad]( which are part of the super PAC’s $6.5 million airtime purchase, attacks Ossoff’s campaign contributions from California, claiming, “California is the leading funder of the Jon Ossoff campaign.” This is part of the Congressional Leadership Fund’s effort to support Karen Handel in the runoff against Ossoff. Recent polls have shown a competitive race within the margin of error, with [no poll showing either candidate]( with more than 50 percent of the vote. The race has been previously [reported as the most expensive]( U.S. House race in American history. Director of Census Bureau to retire - John H. Thompson, director of the [U.S. Census Bureau]( [announced]( that he would retire next month. His announcement comes after [reporting to Congress]( last week that the bureau would need an additional $309 million to collect and process census data. After being appointed in 2013, Thompson’s five-year term was set to end next year. He has been with the census bureau since 1975. President Trump approves plan to arm Kurds in Syria - The Pentagon [confirmed]( that President [Donald Trump]( had approved a plan to arm the Kurdish-led Syrian Democratic Forces (SDF) against the Islamic State in [Syria](. A spokesperson from the Pentagon described the SDF as "the only force on the ground that can successfully seize Raqqa in the near future." According to The Washington Post, "authorized weaponry would include small arms, ammunition, heavy machine guns, and equipment to counter vehicle-borne bombs, a tool frequently used by the Islamic State," although no timeline had been set. Scott Gottlieb confirmed as FDA commissioner - [Scott Gottlieb]( was confirmed as commissioner of the [Food and Drug Administration]( (FDA) by a 57-42 Senate vote. Previously, Commissioner Gottlieb was a fellow at the[American Enterprise Institute]( and a consultant for pharmaceutical companies. He had previously served as the FDA's Deputy Commissioner for Medical and Scientific Affairs during the administration of[George W. Bush](. He was also a member of [Donald Trump's presidential transition team](. - During Senate debate on the confirmation, Senator [Patty Murray]( (D-Wash.) expressed concern over Gottlieb’s previous experience with the pharmaceutical industry, [stating]( “I’ve grown increasingly concerned about whether he can lead the FDA in an unbiased way, given his unprecedented industry ties.” - Health and Human Services Secretary [Tom Price]( released a [statement]( following Gottlieb’s confirmation that said, “His background will be crucial for keeping the FDA as the gold standard for safe treatments while advancing new, innovative solutions to the many public health challenges our nation faces.” - Senate Democrats Michael Bennet (Colo.), Tom Carper (Del.), Chris Coons (Del.), Heidi Heitkamp (N.D.), and Bill Nelson (Fla.) voted in favor of the confirmation. No Republicans voted against. President Trump appoints new director of Agency for Healthcare Research and Quality - President Donald Trump appointed Gopal Khanna as director of the [Agency for Healthcare Research and Quality](. Khanna’s previous roles included director of the Illinois Healthcare and Human Services Innovation Incubator and Minnesota’s chief information officer. Khanna’s appointment does not need a Senate confirmation. Trump administration to decide on extending Temporary Protected Status for Haitians - The Trump administration has until May 23, 2017, to decide whether to extend the Temporary Protected Status program for Haitians or let it expire. The Obama administration extended [Temporary Protected Status]( to Haitians in 2010 following the earthquake that impacted Haiti in January of that year, allowing them to stay without risk of [deportation]( until the situation in their home country improved. On May 9, the [Associated Press reported]( that in addition to information regarding conditions in Haiti, the [Department of Homeland Security]( was also seeking data on criminal activity and the use of public benefits by individuals with Temporary Protected Status; use of public benefits by such individuals is not allowed. [U.S. Citizenship and Immigration Services]( has recommended letting the program expire. --------------------------------------------------------------- Wednesday, May 10 Sen. Casey may use blue slip to attempt to block a possible Trump nominee to the Third Circuit - Reports circulated late Wednesday that President [Donald Trump]( was considering nominating David Porter, a corporate attorney, to fill a vacancy on the [U.S. Court of Appeals for the Third Circuit](.  The Huffington Post reported that Porter was considered for a [federal district court]( judicial position by President [Barack Obama]( but that opposition to Porter’s potential nomination prompted Obama to consider other nominees.  Porter’s nomination, which could come down in the next few weeks according to The Huffington Post’s report, prompted U.S. Sen. [Bob Casey]( (D-Pa.) to inform the White House that he was prepared to withhold his blue slip should Trump nominate Porter.  A [blue slip]( is the name for a piece of paper a home state senator returns to the chair of the [Senate Judiciary Committee]( to show his or her approval of a federal judicial nominee. The [United States Constitution]( does not mandate the use of blue slips, but they are considered a senatorial courtesy; however, the consideration of blue slips is within the discretion of the Judiciary Committee chair, currently Sen. [Chuck Grassley]( (R-Iowa), as to whether the slips influence the decision to proceed with confirmation hearings on a nominee. - So, what could happen? If Donald Trump nominates Porter to the Third Circuit and Casey opts to withhold his blue slip, there are a few potential outcomes: - Sen. Grassley could adhere to current practice and not schedule confirmation hearings before the Senate Judiciary Committee on Porter’s nomination. - Sen. Grassley could go ahead with confirmation hearings citing prior precedent of the committee in earlier years. - Trump could withdraw the nomination depending on the public’s response to Casey’s action. - A senator could introduce a [discharge resolution]( which, if approved by a majority of the Senate, would remove the nomination from the committee’s jurisdiction. Such a move could lead to a direct vote on the nomination on the floor of the Senate without a committee hearing or reporting recommendation. Under Senate rules, a vote on the nomination could then occur as early as one day after the Senate approved the discharge resolution. - To find out more about how blue slips could impact judicial nominees in the [115th Congress]( click [here](. Senate Judiciary Committee holds hearings on three Trump nominees - The [Senate Judiciary Committee]( held confirmation hearings on three nominees to head agencies within the [U.S. Department of Justice]( (DOJ). There are 56 agencies within the Justice Department. The nominees to these three positions are: - Makan Delrahim: Assistant attorney general, antitrust division - Steven A. Engel: Assistant attorney general, office of legal counsel - Noel J. Francisco: [United States solicitor general]( - The antitrust division is the principal agency of the Justice Department charged with prosecuting antitrust cases. The solicitor general is the counsel representing the interests of the U.S. government, either as a direct party to a case or as an interested third party (an [amicus curiae]( in all federal appellate litigation. The office of legal counsel was [described by PBS]( as “the most important legal office in the federal government. … It is the office which tells the executive branch, from the president to the military to the CIA to anyone else, what the law is.”  The day before the hearing, a group called American Oversight filed a lawsuit in [federal district court]( against Francisco seeking more information regarding his involvement in litigation over Trump’s January 27, 2017, [immigration executive order](.  According to a [report]( in The National Law Journal, “in his capacity as acting solicitor general, Francisco stepped aside in a [Feb. 6 brief]( in Washington State v. Trump, a challenge to the first travel ban executive order issued by Trump.  A footnote in the brief stated that both Francisco and Chad Readler, the acting assistant attorney general, ‘refrained from signing this brief, out of an abundance of caution, in light of a last-minute filing of an amicus brief by their former law firm.’ … But 10 days later, Francisco and Readler were back in the case, signing a [supplemental brief]( in the litigation.”  In the lawsuit, American Oversight seeks information as to “how Mr. Francisco approached ensuring that his conduct comported with applicable ethics requirements, and the steps he took to do so here, would inform the public on critical questions regarding the character and integrity of the person who seeks to be solicitor general.”  The lawsuit was not expected to impact Francisco’s nomination. Senate fails to move forward with resolution to repeal methane rule - The[U.S. Senate]( voted [49-51 against]( moving forward with a resolution under the Congressional Review Act to repeal the [U.S. Bureau of Land Management's](. Bureau of Land Management) 2016[methane]( rule by a vote of 49-51. The rule, issued by the [Obama]( Obama) administration as part of its [climate change]( change) agenda, would require [oil]( and [natural gas]( gas) operators on [federal land]( to limit their methane emissions. The resolution to repeal the rule needed 51 votes to move forward to the full Senate for consideration. Additionally, Vice President [Mike Pence]( visited the Capitol to vote in favor of repeal in the event of a 50-50 tie. Three Republican senators—Sen.[John McCain]( (Ariz.), Sen.[Susan Collins]( (Maine), and Sen.[Lindsey Graham]( (S.C.)—joined Senate Democrats to vote against moving forward with the resolution. Prior to the vote, Graham and Collins said that they intended to vote against repeal. After the vote, McCain stated that he preferred allowing the [U.S. Department of the Interior](. Department of the Interior) to revise the rule administratively. The deadline for passing the resolution to repeal the rule under the Congressional Review Act was May 11, 2017. - See also: [Federal policy on energy, 2017-2020]( Georgia 6 candidates weigh in on President Donald Trump firing FBI Director James Comey - Georgia's 6th District [special election candidates]( [Jon Ossoff]( (D) and [Karen Handel]( (R), offered contrasting reactions to President [Donald Trump]( decision [to fire James Comey]( from the Federal Bureau of Investigation this week. Ossoff [tweeted]( on Tuesday, "Comey’s firing raises severe questions. There should be bipartisan support for a special prosecutor to investigate Russian interference." Handel [supported]( Trump's decision to fire Comey. "It’s been clear for some time that FBI Director Comey has lost the confidence of Republicans, Democrats and broader institutions, and his removal as FBI Director was probably overdue. I hope that the President will quickly nominate a strong, independent leader as the next Director of the FBI and that the Senate will consider the nomination as quickly as possible," she said in a statement on Wednesday. Aetna announces full exit from ACA insurance markets in 2018 - [Aetna]( the nation’s third-largest insurer, [announced]( that it will not sell individual health plans on any [state insurance exchanges]( in 2018 due to financial losses and regulatory uncertainty. The insurer lost $450 million on its exchange plans in 2016 and expects to lose $200 million in 2017. The news follows an [announcement]( from Humana, the fourth-largest insurer, in February that it would also be exiting the exchanges in 2018. Anthem and Humana had planned to merge, but called off the deal in February 2017 after the [merger was blocked]( by a federal district judge for antitrust concerns. - See also: [Health insurance exchange issues]( --------------------------------------------------------------- Thursday, May 11 Eleventh Circuit hears appeal over Stingray devices - The [Eleventh Circuit Court of Appeals]( heard arguments Thursday in ACLU of Florida, Inc. v. City of Sarasota, Florida, et al. The case centered on the use of portable cell site simulators, which are also known as ISMI catchers or Stingray devices, by police officers. According to a [report]( from The Globe and Mail, “at its core, an IMSI catcher like the StingRay is just another radio transmitter that pretends to be a base station or tower … except that it’s not going to route your calls through to your friends. Instead, it can identify and track your phone, as well as actually block you from making calls or in some circumstances, on some devices, can even record the calls themselves.” In its filings, the ACLU requested that the Sarasota Police Department provide public records on the department’s use of such devices. The department refused, stating that the detective who submitted the department’s applications to the state courts to use the devices did so in his capacity as a cross-sworn deputy U.S. marshal and therefore the records were federal. A state court and a federal district court denied the ACLU’s requests for the records. Lighthizer confirmed as U.S. Trade Rep. - The Senate [voted 82-14]( to confirm [Robert Lighthizer]( as the U.S. trade representative in the Trump administration. Lighthizer, who has previously worked as a trade attorney defending domestic steel companies, served as the deputy trade representative in the Reagan administration. He will be responsible for enacting Trump’s larger trade policy agenda, which includes renegotiating NAFTA and establishing a new trade agreement with Great Britain. Lighthizer is the last [Cabinet-level appointment]( to be confirmed by the Senate. --------------------------------------------------------------- Friday, May 12 DNC names new CEO - The [Democratic National Committee]( [named Jess O’Connell]( former executive director of [EMILY’s List]( as its new CEO. O’Connell also spent time with the [Center for American Progress]( a think tank started by [John Podesta](. Since the 2016 election, the DNC has also elected a new chairman, [Tom Perez](. Elected in February, [Perez’s efforts so far]( have focused investing in state party committees and down-ballot races. Congress is in session SCOTUS is not in session The U.S. Senate will be in session Monday-Friday. The U.S. House will be in session Tuesday-Friday. The U.S. Supreme Court has concluded arguments for this term. The court will hold a non-argument session on Monday, May 15, in which orders are expected and in which opinions in pending cases may be announced. What's On Tap Next Week Monday, May 15 Ninth Circuit panel to review Trump’s immigration EO - A three-judge panel of the [U.S. Court of Appeals for the Ninth Circuit]( will review a preliminary injunction issued by Judge [Derrick Watson]( of the [District of Hawaii]( enjoining enforcement of President [Donald Trump’s]( [immigration executive order dated March 6, 2017](.  The order, which replaced Trump’s first order issued in [January of 2017]( suspended for 90 days entry into the United States for individuals from Syria, Iran, Libya, Somalia, Sudan, and Yemen. The order also suspended refugee admissions to the United States for 120 days while the process was reviewed for additional national security measures that could be implemented. The order was set to go into effect on March 16, 2017, however, on March 15, Watson issued a temporary restraining order preventing implementation of the order.  Watson wrote, “"it would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam ... Certainly, it would be inappropriate to conclude, as the Government does, that it does not." On March 30, Watson granted the state of Hawaii's request to convert the temporary restraining order into a preliminary injunction, writing that the plaintiffs "met their burden of establishing a strong likelihood of success" on their claims. The injunction extended indefinitely the block against federal implementation of Section 2 and Section 6 of the executive order while the case worked its way through the courts.  That same day, the government appealed Watson’s injunction to the Ninth Circuit.  The three judges hearing the appeal on Monday are [Michael Hawkins]( [Ronald Gould]( and [Richard Paez](.  Depending on the outcome of the panel’s ruling, parties in the case may seek review by the full Ninth Circuit court or could appeal to the [U.S. Supreme Court](. Paul Ryan will hold a campaign event for Karen Handel in Georgia’s 6th - Speaker of the House [Paul Ryan]( will hold a [campaign event]( with [Karen Handel]( (R) in Atlanta, Georgia. Ryan is supporting Handel in the [runoff election, to be held on June 20]( against Democrat Jon Ossoff. In the special election held on April 18, Ossoff fell short of the 50 percent threshold needed to avoid a runoff, earning 48.1 percent of the vote. Handel finished second with 19.8 percent, a total that reflects the split Republican vote between Handel and a number of competitors including [Bob Gray]( [Judson Hill]( and [Dan Moody](. Ryan did not endorse any specific Republican candidate prior to the April 18 election. --------------------------------------------------------------- Tuesday, May 16 South Carolina’s 5th Congressional District holds Republican Primary Runoff - Republican candidates [Ralph Norman]( and [Tommy Pope]( will be on the ballot to decide who will face Democrat [Archie Parnell]( in the [general election on June 20]( fill the vacancy in [South Carolina’s 5th Congressional District](. Norman and Pope were the top two vote-getters in the [Republican primary]( held on May 2. Norman defeated Pope with 30.5 percent of the vote against Pope’s 30.2 percent. The two candidates were separated by just 112 votes in a primary with 38,903 votes cast. In the [Democratic primary]( also held on May 2, Parnell won the party’s nomination by earning 71.3 percent of the vote, achieving the 50 percent threshold needed to avoid a runoff. The special election was called to fill the vacancy created when [Mick Mulvaney (R - S.C.)]( was confirmed as director of the [U.S. Office of Management and Budget](. The race is considered a Safe Republican hold. Comey to testify before Senate Intel Committee - Former FBI Director [James Comey]( will testify before the Senate Intelligence about the status of the FBI's investigation into potential ties between the Trump campaign and the Russian government. It will be a closed session. --------------------------------------------------------------- Wednesday, May 17 Filing deadline for Alabama Senate special election - Candidates hoping to participate in the [August primary]( to fill the vacant U.S. Senate seat left open by the appointment of [Jeff Sessions]( to be U.S. Attorney General [must file their paperwork]( with the Alabama Secretary of State’s office. The deadline is 5:00 PM on May 17, 2017. The primary election will be held on August 15, with a September 26 primary runoff, if necessary. The general election will be held on December 12, 2017. The seat is currently held by former Alabama Attorney General Luther Strange (R), who was appointed by now-resigned Governor Robert Bentley. --------------------------------------------------------------- Thursday, May 18 Feldman’s term to expire on FISA court - [Martin Feldman]( a judge on the [United States District Court for the Eastern District of Louisiana]( will conclude his seven-year term as a judge on the [United States Foreign Intelligence Surveillance Court](.  The court was established in 1978 by the Foreign Intelligence Surveillance Act (FISA). The purpose of the court is to oversee requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal police agencies (primarily the FBI). Judges who serve on the court are selected by the chief justice of the [U.S. Supreme Court](. Where was the president last week? President [Donald Trump]( in the midst of his decisions regarding James Comey, remained in Washington, D.C.. On both Monday and Tuesday, Trump met with National Security Advisor H.R. McMaster in the Situation Room. On Monday, he connect with Vice President Mike Pence and Secretary of State Rex Tillerson. On Wednesday, Trump met with the Minister of Foreign Affairs of Russia. Federal Judiciary - 139 total federal judicial vacancies - 10 pending nominations - 22 future vacancies Ballotpedia depends on the support of our readers. The Lucy Burns Institute, publisher of Ballotpedia, is a 501(c)(3) nonprofit organization. All donations are tax deductible to the extent of the law. Donations to the Lucy Burns Institute or Ballotpedia do not support any candidates or campaigns. [Donate Securely Online]( Decide which emails you receive from Ballotpedia. [Unsubscribe or adjust your preference]( Ballotpedia The Encyclopedia of American Politics 8383 Greenway Blvd., Suite 600 Middleton, WI 53562 [Facebook]( [Twitter](