Congress
Capitol agenda: Trump muddies the GOP shutdown message
One week into the shutdown, Republicans are trying to stay on message — but President Donald Trump is making that difficult.
Speaker Mike Johnson and Senate Majority Leader John Thune want to show Democrats there’s no daylight inside the GOP: Republicans will only negotiate a deal to extend expiring Affordable Care Act subsidies once the government is back open.
But Trump is causing major headaches by going off script. On Monday, Trump pointed to health care negotiations with Democrats that didn’t appear to exist, but would have contradicted Johnson and Thune’s red line about no ACA talks until the shutdown ends.
On Tuesday, the White House further complicated matters by sending a memo stating some federal workers might not receive backpay after the shutdown’s over. Republicans scrambled to refute that message. After all, Trump himself signed legislation in 2019 guaranteeing all federal workers would be paid following a shutdown — and many Republicans voted for it.
“You can’t not pay them for work they’ve done,” Sen. Kevin Cramer (R-N.D.) told Blue Light News. “I don’t think [Trump] seriously would. I think he’s playing hardball the way he sometimes does: Negotiating on the one hand, flexing leverage on the other.”
Johnson and Thune have also found themselves occasionally out of sync. During a joint news conference Tuesday, the speaker said he was “certainly open” to having the House vote on emergency legislation to pay essential personnel, like military or air traffic controllers, during the shutdown. “Honestly, you don’t need that,” Thune interjected, before reinforcing that Democrats could just vote to reopen the government.
House Republicans are also freelancing their shutdown messaging back in their districts. Rep. Rob Bresnahan of Pennsylvania is rolling out new legislation to bar federal income taxes from being collected during the shutdown, per a release shared first with Inside Congress. Rep. Andy Biggs of Arizona has introduced a bill that would repeal Obamacare completely. Rep. Marjorie Taylor Greene of Georgia called on the Senate to get rid of the 60-vote threshold to reopen the government — a nonstarter for Thune.
Some rank-and-file senators are taking matters into their own hands. Sen. Susan Collins (R-Maine), leaving the Senate floor Tuesday, said she had just talked to New Hampshire Sen. Jeanne Shaheen, one of the lead Democrats facilitating bipartisan conversations. And a bipartisan group was scheduled to meet over Thai food last night, including Sens. Lisa Murkowski (R-Alaska) and Markwayne Mullin (R-Okla.).
Mullin has been tapped by the administration to serve as a conduit to Democrats amid government funding talks, according to one person close to the White House. Asked if he had been given an informal role, however, he shrugged: “I don’t have a badge.”
What else we’re watching:
— Shutdown action for the day: The Senate will vote for a sixth time on dueling stopgap funding bills at 11:20 a.m. Meanwhile, the House is out and its leaders plan to hold press events. Speaker Mike Johnson, joined by other GOP leaders and Appropriations Chair Tom Cole (R-Okla.), will hold a news conference in the Rayburn Room at 10 a.m. House Minority Leader Hakeem Jeffries, joined by other Democratic leaders and the House Democratic Steering and Policy Committee, will host a forum at noon on health care.
— War powers vote: Democratic Sens. Adam Schiff of California and Tim Kaine of Virginia will force a vote Wednesday on a resolution that would terminate the use of the U.S. Armed Forces for hostilities in the Caribbean Sea.
— Government censorship hearing: The Senate Commerce committee, chaired by Sen. Ted Cruz (R-Texas), will hold a hearing Wednesday morning on how the Biden administration allegedly pressured Big Tech into censoring speech protected by the First Amendment.
Democrats on the panel plan to turn the tables on Republicans by drilling into “the censorship that happened the last few weeks” under the Trump administration, according to ranking member Sen. Maria Cantwell (D-Wash.).
Dasha Burns and Jordain Carney contributed to this report.
Congress
Centrist Dem’s Supreme Court plan boosts momentum for revamp
Democratic efforts to revamp the Supreme Court gained momentum Thursday as an influential center-left think tank released a plan to limit justices’ terms and misconduct.
Third Way’s proposal, shared first with Blue Light News, highlights growing unity across the ideological spectrum in the Democratic Party for significant changes to the high court as Americans’ trust in the institution hovers at historic lows.
The group says it also wants to inject ideas to overhaul the court — including legislation to set an 18-year term limit and an enforceable ethics code — into the party’s conversations leading up to the 2028 presidential race.
“This is one of those things that we think can and should be a part of the 2028 discussion, and those folks who are running should be asked about whether they would champion Supreme Court reform,” Lanae Erickson, a senior vice president at Third Way, said in an interview.
Key Democratic groups have increasingly been coalescing around ideas to overhaul the court’s structure and policing in light of accusations of growing partisanship and corruption among justices. In June, a number of key Democratic House caucus leaders, including the Congressional Progressive Caucus, released their own resolution calling for term limits for justices and a code of ethics.
“We think that the center left has been remiss in not being forward enough on reform proposals that would make our system work better for people, which is why some folks have gone to the further left,” Erickson said.
Third Way cited public opinion polling from both the Brennan Center for Justice and FOX News indicating more than 70 percent of respondents favored term limits for justices. An 18-year cycle would ensure the appointment of two justices every presidential term.
The group also wants legislation to hold justices accountable for ethics violations. House Minority Leader Hakeem Jeffries said last month he supports “dramatic reform” on the Supreme Court starting with an ethics code so justices don’t act “above the law.”
The court in 2023 adopted its own formal ethics code for the first time in history, but that policy largely lacks some of the teeth that advocates have proposed.
One idea supported by some Democrats that Third Way is not endorsing: upping the number of justices on the bench. Erickson said that idea seems more like “a mutually assured destruction path,” as parties could go back and forth adding more justices.
The path forward for any court-focused legislation in Congress in the near future, however, is very slim without majorities in both chambers and control of the White House — something Third Way acknowledged.
Still, the group’s recommendations are meant “to show that the center left can also be bold and be addressing systemic problems to appeal to voters and their level of anxiety and anger about what’s happening right now,” Erickson said.
Congress
Capitol agenda: Dems skip DC with wind in their sails
The Senate wrapped up its work late Wednesday night, and lawmakers in both chambers won’t be back until after midterm voters pass judgment.
And Chuck Schumer is growing increasingly confident they’ll hand the Senate to Democrats
“Here’s how I’d sum up the election: Can enormous amounts of Republican money beat a Democratic enormous advantage in much better candidates and a much better political climate?” the minority leader said in an interview in his office Wednesday.
“I think we win,” he added.
Schumer’s optimism — saying Democrats’ have the “wind in their sails” — reflects his members’ growing bullishness as they head home for a final sprint to convince voters to give them back the majority. The Senate recessed Wednesday night after confirming President Donald Trump’s Labor secretary, but Democrats stayed united in a string of politically tricky votes before leaving.
“It certainly feels like it’s going to be a wave election, and not for good reasons,” Sen. Chris Murphy said. “This president’s domestic and foreign policy has gone off the rails.”
There’s division among Democratic party strategists on whether to spend these final weeks focusing on the states viewed as most likely to flip — like Alaska, Ohio or Iowa — or put resources into so-called reach states like Mississippi, South Carolina or Florida.
Schumer declined to weigh in, but said that Democrats would do “whatever it takes to win” and that he expects to spend the next five weeks fundraising.
“We have lots of different paths to victory, and we’re not going to turn any of them down,” he said.
Also hanging over the midterm elections are questions about Schumer’s future — but the New York Democrat said that he is “running for re-election for leader. Period.”
Republicans, meanwhile, are still hopeful that they can hold onto their majority even if it’s narrower. Much of the midterms map runs through states that Trump won previously.
“Of course we are,” Senate Majority Leader John Thune said about keeping control of the chamber as he left the building Wednesday. “Thank you for asking.”
What else we’re watching:
— PERMITTING DEAL FACES HOUSE BUZZSAW — The Senate’s newly announced bipartisan permitting reform package is set to hit a wall in the House, where key lawmakers aren’t rushing to endorse it. House Natural Resources ranking member Jared Huffman warned Wednesday most House Democrats will not support the Senate’s permitting legislation as written, urging lawmakers to resume negotiations after the midterm elections when they are “likely to have a far better negotiating position.” And House Energy and Commerce Chair Brett Guthrie, a key GOP negotiator, has yet to take a position on the Senate deal.
—RASKIN WANTS TRUMP AD PROBE — House Judiciary’s top Democrat is demanding federal inquiries into the amount of taxpayer money that was used by the Trump administration for a TV ad blitz endorsing the president ahead of the midterms. Rep. Jamie Raskin, who is poised to lead the panel if Democrats flip the chamber, and Rep. George Whitesides, wrote to the Government Accountability Office Wednesday asking them to investigate the “source, accounts and total amount of taxpayer funds used” to produce and distribute the ads. The pair of lawmakers also asked the Office of Special Counsel to investigate whether the ads “constitute a violation of the Hatch Act” and to “determine who should be held accountable.”
Nico Portuondo and Chris Marquette contributed to this report.
Congress
Raskin leads calls for federal investigation into Trump PSA’s
The top Democrat on the House Judiciary Committee is demanding federal inquiries into the amount of taxpayer money used to furnish a television ad blitz propping up President Donald Trump ahead of the midterms.
Rep. Jamie Raskin of Maryland, who is poised to lead the panel if Democrats win the majority in November, joined California Democratic Rep. George Whitesides in sending a letter to the Government Accountability Office and the Office of Special Counsel. It asks the GAO to investigate the “source, accounts, and total amount of taxpayer funds used by the Executive Office of the President to produce and distribute this advertisement across major television markets and official White House social media channels.”
The lawmakers also ask the Office of Special Counsel to investigate whether the ads “paid for by millions of dollars of taxpayer funds, constitute a violation of the Hatch Act, and determine who should be held accountable.”
The ads, which so far have run during NFL games and flagship Sunday news shows, depict Trump in a powerful and effective light, with glimpses of him posing for the camera, denigrating the free press and denouncing communism. Each includes the phrase, “paid for by the U.S. government.”
“These ads constitute an illegal use of taxpayer funds, perhaps best demonstrated by the fact that they are virtually identical to the ones Donald Trump used during his 2024 presidential campaign, and in fact use the same footage and the same inept ideological messaging,” Raskin and Whitesides contend.
Other congressional Democrats have also reached out to the administration in recent days to express outrage and ask basic questions about how the ads were derived and funded.
Sens. Patty Murray of Washington and Chris Murphy of Connecticut — the top Democrats on the Senate Appropriations Committee and the appropriations subcommittee on Homeland Security, respectively — have written to Homeland Security Secretary Markwayne Mullin regarding reports that the agency has redirected $20 million in funding originally intended for Customs and Border Protection to “bankroll the obscene political ads.”
A White House spokesperson called the TV spots “public service announcements” and said they are designed to remind “Americans to love their country and understand what makes it worth defending, at home, at our borders, and abroad. The ad is educational and unapologetically patriotic. We should be proud of our country.”
A spokesperson for DHS said the agency “follows all applicable rules for contracting decisions and keeps all decision makers informed” and that “all contracting decisions are made in accordance with applicable law.”
The Office of the Special Counsel confirmed it received the letter and declined comment.
A spokesperson for GAO did not respond to a request for comment.
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