Congress
Capitol agenda: Thune says shutdown talks are picking up
Nearly one month into the government shutdown, the vibes might finally be shifting.
A looming cliff of crucial deadlines, plus fresh outside pressure, is adding new urgency into bipartisan conversations that have been sputtering for weeks.
“I think they’ve picked up,” Senate Majority Leader John Thune told Blue Light News about the rank-and-file bipartisan talks. “Deadlines have a way of doing that.”
Several of Thune’s senators, plus Speaker Mike Johnson and other House GOP leaders, appear increasingly convinced that enough centrist Democrats are getting ready to fold — potentially by early next week.
The looming cutoff of food benefits, air travel delays and a new statement from the largest union of federal employees calling on lawmakers to end the shutdown are bearing down, they believe.
It’s worth noting: Democrats are not signaling publicly that they are ready to take an off-ramp. Asked what his plan was for ending the shutdown, Senate Minority Leader Chuck Schumer told reporters Tuesday that he believes after Nov. 1 Republicans will face “increased pressure to negotiate with us.” But a growing number of Democrats, including liberal stalwarts like Sens. Dick Durbin (Ill.) and Elizabeth Warren (Mass.), have signaled support for stand-alone bills to ease shutdown impacts.
Republican leaders are quietly ramping up their own internal conversations about what their next steps should be. So far, they’re talking about a new stopgap, with dozens of iterations under discussion. Options include a funding punt to around Jan. 21 or later into March, according to five people familiar with the conversations.
White House officials want a funding punt as long as possible, potentially all the way through December 2026. GOP hard-liners like that idea but appropriators and defense hawks don’t.
“Every option is fraught with a ton of problems,” one Republican told Blue Light News.
Thune told Blue Light News that any stopgap expiring before the end of this year is a no-go.
“Yeah, there’s no way we can do that by December. I think that’s the assessment just based on what the calendar looks like,” Thune said.
Republicans have privately offered to Democrats that once the government is reopened, bipartisan spending bills will start moving — first a package of bills including Agriculture funding, and then a second package of bills that would include Defense and Labor-HHS. So far, though, this hasn’t been enough to get Democrats to bite.
And none of this addresses Democrats’ key shutdown concern: health care. But Thune dangled a fresh carrot Tuesday, telling reporters that President Donald Trump would be willing to meet with them as soon as next week to talk about expiring Affordable Care Act subsidies — if the government is reopened.
What else we’re watching:
— New record in Congress: Rep.-elect Adelita Grijalva has now waited to be sworn in longer than any other member in history. Wednesday marks day 36 since her special election victory on Sept. 23. The Arizona Democrat won’t be seated as long as Johnson keeps the House out of session — and Johnson insists his hands are tied due to the shutdown.
— Potential year-end health package: House Majority Leader Steve Scalise has been discussing health care policy with the chairs of three critical House committees: Ways and Means’ Jason Smith (R-Mo.), Education and Workforce’s Tim Walberg (R-Mich.) and Energy and Commerce’s Brett Guthrie (R-Ky.). According to a person familiar with the ongoing informal conversations, Scalise is soliciting legislative ideas that could be incorporated in a year-end health package.
Benjamin Guggenheim and Calen Razor contributed to this report.
Congress
Senate Republicans release subpoenas sought by Jack Smith during Trump probe
Senate Republicans aren’t standing down in their investigation into the tactics Biden-era special counsel Jack Smith deployed as part of his probe into President Donald Trump’s efforts to subvert the 2020 presidential election results.
Still smarting from recent revelations Smith obtained phone records for several GOP members of Congress around the time of the Jan. 6, 2021 attacks on the Capitol, Republican senators gathered Wednesday to announce the release of nearly 200 subpoenas Smith issued as part of his inquiry.
Smith’s team requested communications with media companies — including conservative stalwarts Fox News and Newsmax — and correspondences with senior White House advisers — like Stephen Miller and Dan Scavino. Investigators sought information regarding fundraising and financial data for conservatives and conservative groups.
Calling the Smith investigation worse than the 1970s political scandal that followed the break-in of the Democratic National Committee headquarters and ultimately toppled Richard Nixon, GOP senators at their press conference demanded accountability for the former Biden administration.
“We should have Watergate style hearings on this for months,” said Sen. Eric Schmitt (R-Mo.). “If we’re ever going to root this out, we have to be serious about it, and consequences have to follow: resignations, firings, criminal prosecutions. You simply can’t in this country use the justice system to throw people in jail because they have a red jersey on or a blue jersey on.”
Trump has come under fire for politicizing the Justice Department and encouraging Attorney General Pam Bondi to go after his adversaries. In recent weeks, New York Attorney General Letitia James — who brought a civil fraud case against the president — was indicted for mortgage fraud; former FBI director James Comey was charged with lying to Congress; and former national security adviser John Bolton was accused of mishandling classified documents.
But Trump and allies are casting Smith’s investigation as an example of the political weaponization of President Joe Biden’s DOJ.
Sen. Ron Johnson (R-Wis.), the chair of the Senate Permanent Subcommittee on Investigations, argued that the massive trove of documents revealed a “Biden administration enemies list.” Sen. Ted Cruz (R-Tex.) accused D.C. District Court Chief Judge James Boasberg of printing subpoenas at Smith’s behest “like the placemats at Denny’s, one after the other.”
Senators also suggested the House should consider impeaching Boasberg, renewing calls for the judge’s removal for ruling against the president in a deportation case earlier this year.
Senate Judiciary Chair Chuck Grassley (R-Iowa), who is running point on the Smith investigation alongside Johnson, called the special counsel’s investigation “the vehicle by which FBI agents and DOJ prosecutors could improperly investigate the entire Republican political apparatus.”
In a statement, Lanny Breuer, a lawyer for Smith, reiterated that the former special counsel was open to sharing details of his investigation with Congress.
“As we informed congressional leaders last week, Jack is happy to discuss his work as Special Counsel and answer any questions at a public hearing just like every other Special Counsel investigating a president before him has done,” Breuer said. “We hope the House and Senate Judiciary Committees will agree so the American people can hear directly from him. Name the time and place. Jack will be there.”
Congress
Senate votes to continue Biden-era owl-killing plan
The Senate on Wednesday shot down legislation to stop a Biden-era plan encouraging the killing of one species of owl to save another.
The fight became bitter at times, pitting Louisiana Republican Sen. John Kennedy against some of his colleagues and Interior Secretary Doug Burgum, who support the killings.
Kennedy forced a vote on a resolution under the Congressional Review Act to nix a Fish and Wildlife Service plan to save the native and critically endangered northern spotted owl in the Pacific Northwest by killing non-native barred owls. The legislation failed 25-72.
“I can’t think of a rule … that better demonstrates the arrogance, the hubris, of the federal administrative state,” Kennedy said from the Senate floor before the vote, flanked by posters of owls and the rifle-carrying cartoon character Elmer Fudd. “This regulation is stupid and we will live to regret it.”
The Congressional Review Act makes it easier for lawmakers to undo administration actions. Republicans have used it repeatedly against Biden rules.
Kennedy said Burgum called him last week urging the senator to withdraw his resolution. Kennedy refused, saying the secretary should “call somebody who cared what he thought.”
Kennedy in recent days repeatedly deployed his signature rhetorical barbs against Burgum and the Biden rule. He described the barred owl as having “very soulful eyes” and said Burgum was “mad as a mama wasp.” Kennedy also said the administration was using DEI for owls.
The Trump administration is supporting the Biden-era action under pressure from loggers, who say scrapping the owl-killing rule could affect existing land-use plans — and, in turn, jeopardize GOP efforts to increase logging.
Advocates have been split. Some animal rights advocates have sided with Kennedy, while other environmentalists have pointed to protecting the endangered spotted owl.
Similar divisions were evident among senators and went well beyond party lines.
“Killing a half-billion owls seems like a crazy thing for the government to be doing,” said Sen. Ted Cruz (R-Texas), who voted for Kennedy’s resolution.
But Environment and Public Works Chair Shelley Moore Capito (R-W.Va.), who voted against it, observed, “The Trump administration agrees with the Biden administration on this — how rare is that on this strategy? We’ve heard a lot from timber and some other folks.”
Congress
Republicans are growing tired of Marjorie Taylor Greene’s shutdown attacks
Rep. Marjorie Taylor Greene (R-Ga.) is on the warpath against her own party’s handling of the government shutdown. And her fellow Republicans are increasingly calling her out.
The firebrand three-term lawmaker, long an ally of President Donald Trump, has distanced herself from Republican leadership in recent months. And as the shutdown drags on, Greene’s loud — and usually lonely — dissent risks fracturing Republicans’ efforts to present a united front and pressure Democrats into caving on funding the government.
“Don’t spend much time worrying about [what] Marjorie is saying,” Sen. Ted Cruz (R-Texas) told CNBC’s “Squawk Box” on Wednesday.
While a few other Republicans have criticized the party’s approach to the shutdown, Greene has been the loudest and most prominent detractor. She’s focused on expiring Affordable Care Act subsidies — which Democrats have made their central demand — and accused her party of ignoring the issue.
“Not a single Republican in leadership talked to us about this or has given us a plan to help Americans deal with their health insurance premiums DOUBLING!!!” she wrote in a social media post in early October.
Republicans have continually indicated they’ll negotiate on health care premiums only after the shutdown. House Speaker Mike Johnson has tried to brush off Greene’s attacks and defuse the tension, telling reporters that GOP-led conversations on health care are happening in other channels.
“Bless her heart, that’s an absurd statement,” he told CNN when asked last week to comment on Greene’s assertion that the Republicans were “sitting on the sidelines” on health care.
Greene has only ramped up her critiques of the speaker and his team, with the shutdown now well into its fourth week, writing on X on Tuesday that Johnson “said he’s got ideas and pages of policy ideas and committees of jurisdiction are working on it, but he refused to give one policy proposal to our GOP conference on our own conference call.”
Sen. Bernie Moreno (R-Ohio) on BLN late Tuesday called on Greene to put her own health care plan forward — and to stop attacking her party.
“I like her, she came out to Ohio a few times,” he said. “She’s certainly able to write a bill herself. Like if this is something she’s passionate about, put pen to paper, write a bill. Present an option. Don’t just criticize what other people are doing.”
Greene’s disagreement with Republicans stretches beyond the shutdown. She broke party ranks by calling Israel’s actions in Gaza a genocidein July and was one of just a handful of Republicans to sign a discharge petition from Reps. Thomas Massie (R-Ky.) and Ro Khanna (D-Calif.) that would force a floor vote on the Epstein files.
Greene’s office did not immediately respond to a request for comment. But the party, Cruz said, is moving on.
“Suddenly, Marjorie is for massive government spending and taxes and she’s for open borders and amnesty. Ok fine,” he said Wednesday. “That is not where the American people are. Where the American people are, is real simple. We’re on day 29 of the stupidest shutdown.”
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