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Shutdown threatens to drag on for days as positions harden

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Buckle in — this shutdown might last a while.

With federal agencies closed going into a second workweek, there are vanishingly few signs that a bipartisan breakthrough is imminent. To the contrary, all indications are that leaders in both parties are only digging in deeper, and efforts to forge a compromise among the Senate rank-and-file are so far sputtering.

Already some lawmakers are eyeing Oct. 15 — the date when active-duty military members could miss their next paycheck — as the next real deadline for action.

Democrats are insisting they will not vote to reopen the government without some kind of an agreement around soon-to-expire health insurance subsidies impacting more than 20 million Americans, and party leaders have been emboldened by flash polling giving them a modest advantage.

House Minority Leader Hakeem Jeffries, speaking on NBC’s “Meet the Press” Sunday, said Republicans are “losing in the court of public opinion” and vowed to continue “standing up for the health care of hard-working American taxpayers.” A CBS News poll released Sunday was the latest of several new surveys showing a small majority of respondents taking the side of Democrats in the shutdown blame game.

Republican leaders, meanwhile, continue to insist any discussions about health care can happen only after Senate Democrats reopen the government by passing a House-approved seven-week stopgap.

Speaker Mike Johnson said in an BLN interview Sunday that lawmakers “need the month of October” to hammer out a deal on the subsidies: “There’s a lot of thought that’s gone into that on both sides of the aisle. But we need folks in good faith to come around the table and have that discussion. And we can’t do it when the government is shut down.”

Those talking points have barely shifted from a week ago, when Congress was still on the precipice of plunging into a shutdown. Now, more than five days in, some leaders have their eyes on some key dates they believe could force action.

Most federal workers will miss their first paychecks Friday if agencies don’t reopen by then. Active-duty military members will miss their pay the following Wednesday if Congress does not act.

Speaking to House Republicans on a private conference call Saturday, House Majority Leader Steve Scalise identified that latter date as a key pressure point and urged members to hammer Democrats as it approached.

President Donald Trump also alluded to the sensitivity of troop pay in a speech Sunday to a crowd of sailors and others celebrating the Navy’s 250th anniversary: “I want you to know that despite the current Democrat-induced shutdown, we will get our service members every last penny. Don’t worry about it.”

Trump and his deputies are seeking to add to the pressure by threatening to proceed with mass layoffs of federal employees as the shutdown wears on. Top economic adviser Kevin Hassett described potential firings Sunday as a sort of Sword of Damocles that will hang over Democrats in the coming days.

“We think that the Democrats, there’s a chance that they’ll be reasonable once they get back into town on Monday,” he said on BLN. “And if they are, I think there’s no reason for those layoffs.”

But the layoff threats have only caused Democrats to dig in more. Many inside their ranks are calling the spectre of firings a bluff, arguing Trump has no more legal authority to carry out such firings in a shutdown than he would otherwise and that any such moves would be quickly challenged in court.

And even swing-state Democrats are growing comfortable fighting for the position Jeffries and Senate Minority Leader Chuck Schumer have staked out for them: extending the insurance subsidies ahead of Nov. 1, when open enrollment begins for next year’s plans offered on Affordable Care Act exchanges.

“Twenty-four million Americans are going to have their premiums increase. Millions of them are going to lose their coverage,” Sen. Ruben Gallego (D-Ariz.) said in an interview. “Any answer to the shutdown has to involve fixing that.”

Gallego has been part of a bipartisan group of rank-and-file senators who have been holding informal conversations about finding a way out of the shutdown. But so far the discussions have remained nebulous.

While leadership talking points have hardened, there are tensions inside both parties that could grow over the coming days and weeks and bring matters to a head.

House GOP leaders decided Friday not to return to session this week — driven by both a belief that they have nothing further to do after approving the seven-week stopgap last month and concern that having members of the more boisterous chamber together on Capitol Hill would not help the party stick to its message. Sen. Mike Rounds (R-S.D.) flatly said the House would only make things “worse.”

“This is not a game,” Johnson told reporters at the Capitol last weekend. “I don’t know why this is so complicated.”

In contrast, some in the speaker’s leadership circle quietly bristled at Senate Majority Leader John Thune’s decision to recess his own chamber for the weekend after another stopgap vote failed Friday, according to three people granted anonymity to describe private conversations.

They privately argued Senate Republicans were giving up an opportunity to keep hammering Democrats. The House’s absence continued to fuel Democratic attacks over the weekend.

“House Republicans continue to be on vacation, spread out across the country and the world and this makes no sense,” Jeffries told reporters Friday. He brought his own members back to town last week but has not made similar plans for this week; House Democrats are set to hold a conference call Monday evening.

In past shutdowns, the majority party has often held votes to reopen particularly popular parts of the federal government in a bid to put pressure on the minority. Senate GOP leaders have no such plans at this point, but Johnson and Thune could bring up legislation to pay troops as the Oct. 15 paycheck deadline nears. Some Republicans, though, still believe Democrats will fold before then.

“We might not even be in a shutdown at that point,” said one senior GOP leadership aide, granted anonymity to speak candidly about internal thinking.

The more profound GOP divide, however, concerns the health insurance subsidies. Republicans from the White House to Capitol Hill leadership suites privately admit the party is increasingly vulnerable on health care but are now committed to an argument that they cannot undertake any negotiations until the shutdown ends while also accusing Democrats of wanting to protect services for undocumented immigrants.

Asked about his position on the subsidies, Trump said Sunday, “We want to fix it so it works.” He said the ACA in general was “not working” and “has been a disaster for the people,” but there is little appetite inside the White House or the GOP generally for reopening the landmark 2010 health law.

Inside the White House, even some of Trump’s most hard-line deputies are coming around to the political realities they face with the coming insurance cliff. Policy officials are readying proposals around the expiring tax credits — one, according to three people granted anonymity to comment on the proposals ahead of an announcement, could include grandfathering in current beneficiaries and cutting off boosted subsidies for new enrollees.

Democrats are dealing with internal splits of their own, with Schumer caught in the middle. Some of his moderate members want to find a quick exit from the shutdown and are exploring a framework deal that could open the government and set up further talks on the ACA subsidies. But others — including Jeffries — want nothing less than an ironclad legislative deal in writing to extend the subsidies first.

“We’ve seen the president — once Democrats and Republicans have agreed on budgets — come along later to rescind those things. So we need something more, much stronger than a promise,” Rep. Gregory Meeks (D-N.Y.) told reporters last week.

Schumer, for now, is content to highlight the divides on the Republican side — and he is pushing Trump to get involved in talks now.

“Johnson and a whole lot of his caucus don’t like the ACA, don’t want to do the extensions. A lot of Republican senators in the Senate do, but they’re not enough,” Schumer said Friday. “You need Johnson, and you particularly need Trump, to get it done.”

Jordain Carney, Nicholas Wu and Jennifer Scholtes contributed to this report.

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Congress

Arizona attorney general threatens legal action against Mike Johnson for failing to seat Adelita Grijalva

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Arizona Attorney General Kris Mayes threatened legal action against House Speaker Mike Johnson on Tuesday for failing to seat Rep.-elect Adelita Grijalva.

In a letter to Johnson, Mayes accused the House GOP leader of violating the Constitution by unnecessarily delaying the Democrat’s swearing-in ceremony.

“Arizona’s right to a full delegation, and the right of the residents of CD 7 to representation from the person they recently voted for, are not up for debate and may not be delayed or used as leverage in negotiations about unrelated legislation,” Mayes, who is also a Democrat, wrote in the letter.

Grivalja won a special election in Arizona’s deep-blue 7th Congressional District to replace her late father, former Rep. Raúl Grijalva, last month. Johnson has maintained Grijalva would be sworn in when the House is back in session — once Congress reaches an agreement to reopen the government — despite at one point telling reporters she would be sworn in “as soon as she wants.”

In the letter, Mayes said that amounted to “trying to use Arizona’s constitutional right to representation in the House as a bargaining chip.”

Democrats have accused Johnson and Republicans of stalling to prevent Grijalva from being the final signatory needed on an effort to force a vote on legislation related to releasing files about the investigation into sex offender Jeffrey Epstein.

Mayes said her office was keeping “every option open to us, including litigation,” to hold Johnson accountable and ensure Grijalva was sworn in promptly.

Johnson’s office did not immediately respond to a request for comment.

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Jack Smith asked to testify before House Judiciary Committee

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House Judiciary Committee Chair Jim Jordan wants former special counsel Jack Smith to sit for an interview with his panel.

The Ohio Republican sent a letter Tuesday demanding testimony from the lead Biden-era attorney whose investigations into President Donald Trump led to a number of felony charges that were ultimately dropped after the 2024 election.

It follows revelations last week that Smith’s probe obtained the phone records of a number of sitting Republican lawmakers as part of his inquiry into Trump’s effort to subvert the 2020 election results, culminating in the attacks on the Capitol on Jan. 6, 2021.

“As the Committee continues its oversight, your testimony is necessary to understand the full extent to which the Biden-Harris Justice Department weaponized federal law enforcement,” Jordan wrote to Smith.

The panel has already conducted interviews with other prosecutors who were involved in the investigations into Trump in the four years he was out of office, including Jay Bratt, Thomas Windom and J.P. Cooney.

Jordan asserted in his Tuesday letter that those individuals have been uncooperative with the House Judiciary Committee, and that Smith himself has so far failed to respond to earlier requests to turn over documents.

“As the Special Counsel, you are ultimately responsible for the prosecutorial misconduct and constitutional abuses of your office,” said Jordan.

The GOP’s targeting of Smith comes as the party has sought to portray the Biden DOJ as retributive against the former Trump’s political foe. Meanwhile, Trump is leveraging his power over the Justice Department to attack his own adversaries, including New York Attorney General Letitia James and former FBI director James Comey.

James and Comey were indicted last week and denied the allegations of wrongdoing.

Senate Republicans are also eager for oversight into Smith’s collection of phone records of lawmakers, calling on Senate Judiciary Chair Chuck Grassley to hold hearings on the subject. Grassley has so far been noncommittal on the subject.

A lawyer representing Smith did not immediately respond to a request for comment.

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Thanksgiving travel looms as shutdown risk, GOP leaders say

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The Thanksgiving travel season could be put at risk by an extended government shutdown, Republican leaders warned Tuesday on Capitol Hill, ratcheting up warnings about flight cancellations and airport chaos amid the ongoing standoff with congressional Democrats.

Leaders in both parties are starting to look to the Thanksgiving holiday as a looming pressure point after President Donald Trump acted over the weekend to ensure active-duty military paychecks arrive on time Wednesday by shifting Pentagon funds. Many congressional leaders saw that deadline as a forcing mechanism. Now it appears ready to pass without major political consequences — raising the possibility the shutdown could drag on for weeks more.

“As TSA agents and air traffic controllers show up without pay, Democrats brag they won’t budge until planes fall out of the sky,” said Rep. Lisa McClain (R-Mich.), the GOP conference chair. “Really? Seriously?”

The current shutdown, which began Oct. 1, would have to blow past the record of 35 days set in 2019 to threaten Thanksgiving, which falls on Nov. 27. Air traffic controllers and airport security personnel are working during the shutdown but going unpaid, and personnel have reported sick at higher rates or otherwise not shown up to work under similar circumstances in the past.

House Majority Leader Steve Scalise and other leaders said Tuesday those impacts had already started and would escalate as time goes on and on.

“Airports will be flooded with flight cancellations and delays amid the busiest time time to travel all year, and the list goes on and on,” House Majority Whip Tom Emmer said alongside Speaker Mike Johnson at a news conference Tuesday, calling on Democrats to “reopen our government.”

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