Filibuster

Democrats mount gun control filibuster

'I’m going to remain on this floor until we get some signal, some sign that we can come together,' Sen. Chris Murphy says. 

By Burgess Everett and Seung Min Kim

Sen. Chris Murphy (D-Conn.) launched a talking filibuster on the Senate floor — which was quickly joined by fellow Democrats — in an effort to pressure Republicans to accept legislation that would deny suspected terrorists from purchasing firearms and require universal background checks.

The Senate is debating a spending bill that Democrats hope to offer gun amendments to, but Murphy said that the Senate should “not proceed with debate on amendments to this bill until we have figured out a way to come together on, at the very least, two simple ideas.”

“I’m going to remain on this floor until we get some signal, some sign that we can come together on these two measures, that we can get a path forward on addressing this epidemic in a meaningful, bipartisan way,” Murphy continued on the Senate floor on Wednesday, after he first started his filibuster at about 11:20 a.m.

Most of the Democratic caucus was unaware of Murphy's plans until he took the floor, two senior aides said, though there had been some talk Tuesday about lining up speeches throughout the night Wednesday.

At the same time, Sens. John Cornyn (R-Texas) and Dianne Feinstein (D-Calif.) are exploring whether there is common ground on a deal to prevent suspected terrorists from buying firearms. Currently, the two parties are backing very different approaches to resolving instances where someone feels they've been wrongly put on a watch list and therefore cannot purchase a gun.

Talks to reconcile those different approaches began on Tuesday and Cornyn dismissed the Democratic filibuster as "filling the dead air" while the two parties negotiate.

"This is a lot more nuanced than some people appreciate," Cornyn said in an interview. "We're trying."

As tough as that negotiation will be, a deal on universal background checks is even less likely.

Murphy, a top gun-control advocate whose home state saw the massacre of 20 school children at Sandy Hook Elementary in 2012, launched the filibuster, and was immediately backed up by colleagues Sen. Richard Blumenthal (D-Conn.) and Sen. Cory Booker (D-N.J.). More Senate Democrats are expected to join the talk-a-thon throughout the day and night on Wednesday — the same day presumptive GOP nominee Donald Trump is scheduled to meet with the National Rifle Association.

The NRA formally backed an approach favored by Senate Republicans that would allow a judge to arbitrate people who mistakenly end up on the terrorism watch list and want to buy guns, while Democrats prefer giving the Justice Department such authority. Both bills were voted down by the Senate last December.

"If an investigation uncovers evidence of terrorist activity or involvement, the government should be allowed to immediately go to court, block the sale, and arrest the terrorist. At the same time, due process protections should be put in place that allow law-abiding Americans who are wrongly put on a watchlist to be removed," said Chris Cox, the executive director of the National Rifle Association's Institute for Legislative Action.

The blessing of the NRA may cause some Republicans to dig in behind Cornyn's proposal, and make it harder for any compromise with Democrats to pass muster.

But Cornyn's original proposal from last year also included language to defund "sanctuary cities" — a provision he has said he will remove. Including it last year made it impossible for most Democrats to support his proposal which garnered 55 votes, five short of the 60-vote threshold.

"My hope is we will grow our vote," Cornyn said. "We all agree that known or suspected terrorists should not buy guns. The only question is whether it's going to be done in a constitutional way."

Senate Democrats are refusing to give up the floor, which prevents any amendment votes on the spending bill currently being considered by the chamber that provides funding for the Justice Department and other related agencies. The tactics by Democrats are likely to prevent some senators from attending an all-senators briefing on the Orlando attacks at 4 p.m. on Wednesday.

"Senator Murphy and Senate Democrats are holding the floor because they will not accept inaction or half measures in the face of continued slaughter," Murphy spokesman Chris Harris said. "Congress cannot sit on the sidelines while killers freely buy weapons to brutally murder the people Congress is supposed to be protecting."

The spectacle on the Senate floor immediately invited bipartisan attention. Connecticut Democratic Reps. Jim Himes and Joe Courtney walked over from the House side to watch Murphy lead the charge, and Sen. Ben Sasse (R-Neb.) quickly came to the floor to question Murphy.

"Explain to me what the 'terrorist watchlist' is. I'm familiar with the terrorist screening database. There are a series of lists that fall from the database. But I don't think there's any such thing as 'the terrorist watchlist,'" Sasse said.

Murphy responded that he hopes "the legislation we come to agreement on, specifically refer to the lists, a consolidated database that's maintained by federal law enforcement. And have a very explicit right to get off that list. I don't think that's impossible."

Democrats are attempting to pressure Republicans on tougher gun-control laws after the Orlando mass shooting in which 49 people were killed and at least 50 were injured at a gay nightclub early Sunday morning. Because Senate Majority Leader Mitch McConnell (R-Ky.) has not filed cloture on the bill, Senate Democrats can talk indefinitely.

“I’ve cleared my entire day,” Booker said. “I’ve cleared my evening events … so that I can stay on this floor and support Sen. Murphy.”

The Democrats’ floor fight came as some potential signs of compromise arose on gun measures in the Senate. A spokeswoman for Everytown for Gun Safety, the pro-gun control group led by former New York City mayor Michael Bloomberg, confirmed Wednesday morning that they were working with Sen. Pat Toomey (R-Pa.) on measures to ensure suspected terrorists could not purchase weapons.

Toomey’s office declined requests for comment on Tuesday and Wednesday.