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Democrats plan to sue over food aid as GOP splits on legislative patch

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Dozens of Democratic attorneys general and governors are planning to sue President Donald Trump’s administration Tuesday over its decision to not tap emergency funds amid the government shutdown to keep food aid flowing to 42 million Americans next month, according to three people granted anonymity to discuss the matter ahead of a public announcement.

Trump officials concluded in a Friday memo that they cannot legally tap a $5 billion contingency fund for the Supplemental Nutrition Assistance Program amid the shutdown to pay benefits in November. Some in the administration believe, with $9 billion needed to fund SNAP payments for the month, there is no time to distribute smaller payments to individual states.

Administration officials anticipated their legal determination would be challenged in court, Blue Light News reported last week, and there are no serious efforts underway at USDA to find other sources of funding, according to two other people granted anonymity to discuss private deliberations. But some GOP lawmakers whose constituents would be clobbered by a first-ever lapse of federal food benefits, are pushing for some kind of patch to prevent that from happening.

Senate Republicans are divided over whether to vote on a standalone bill to keep SNAP beneficiaries — many of whom live in rural and Hispanic-majority Republican districts — from losing assistance. Many argue Democrats will be at fault if the Friday deadline barrels past with no fix as they continue to push Democratic senators to vote for the stopgap spending bill the House passed last month.

Senate Majority Leader John Thune argued Monday the best way to fund SNAP was for Democrats to vote to reopen the government, though he said GOP senators would discuss the issue during their Tuesday policy lunch.

Republicans, for now, don’t believe Thune will put a SNAP funding carve-out to a vote this week, according to two senators and three aides granted anonymity to discuss GOP party strategy.

But a growing number of Senate Republicans — including some within Thune’s own leadership circle — are publicly saying Congress needs to fund SNAP whether or not Democrats relent on overall government funding, lest millions without food aid before Thanksgiving.

“Yeah, I would vote for that,” Sen. Shelley Moore Capito (R-W.Va.) said in a brief interview Monday about supporting a standalone SNAP bill.

Capito, who chairs the Senate GOP policy committee and whose constituents are heavily reliant on SNAP, said she didn’t want the program to lapse during the shutdown.

Senate Appropriations Chair Susan Collins and a handful of other Republican senators have signed on to a bill from Sen. Josh Hawley (R-Mo.) to fund the program, and they are pushing for a vote this week.

Asked Monday if she wants the administration to allow SNAP to be administered in November, Collins replied, “I certainly do.”

Collins said she wrote to Agriculture Secretary Brooke Rollins last week and “strongly recommended that she use the $5 billion in contingency fees.” She said she hadn’t heard back from the secretary.

Republican and Democratic aides believe a SNAP carve-out would pass in the Senate, but bringing it up for a vote this week would require all 100 senators to agree to fast-track it to the floor.

Privately, Republicans fear allowing a standalone vote on food aid would relieve key pressure on Democrats and potentially prolong the shutdown. Passing it would also mean bringing the House back into session to send it to Trump’s desk, something Speaker Mike Johnson has been trying to avoid.

“If we could figure out a way to find something Democrats will vote for, we’d love to do that, but right now, we could fully fund the SNAP program by reopening the government,” Sen. Markwayne Mullin (R-Okla.) said. “We could do that in 30 minutes from now.”

Asked if he would support a standalone SNAP bill, Mullin replied, “I would support opening the government back up.”

Calen Razor and Jordain Carney contributed to this report. 

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Congress

Meet the Senate aide with a $44,000 taxpayer-funded commute

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The top aide to Sen. Roger Marshall of Kansas charged $44,000 to taxpayers over the past two years in commuting expenses between Washington and Lynchburg, Virginia, where he lives, according to public records.

The reimbursements paid to Brent Robertson are legal and comply with congressional rules governing expense reimbursements, according to experts who reviewed his arrangement, but they also said it was highly unusual and at odds with the intent behind those rules. Typically senior congressional aides are stationed either in Washington or their employer’s home state.

Not so for Robertson, Marshall’s longtime chief of staff, who bought a home about 190 miles from Washington in March 2024.

Between April of that year and the following September, he took 11 trips labeled “Lynchburg VA to Washington DC and Return” and got $16,000 back in expenses from the government, according to Senate expense records. The expenses covered “incidentals,” “transportation” and a “per diem,” which is not usually taxed.

Between October of last year and this past March, Robertson took 15 trips with the same label and got an additional $28,000 in expenses back. He secured a per diem payment of $10,000 for one trip to D.C. between Jan. 14 and Jan. 23, coinciding with the presidential inauguration.

Stanley Brand, an attorney who served as House general counsel under Speaker Tip O’Neill, said it appeared to be “a big, wide loophole” and said he had “never” heard of a similar arrangement.

“What if everybody decided to do that, let their staff live far away from their location, and then just charge it off to the government?” Brand said after reviewing the arrangement at Blue Light News’s request.

Robertson declined to comment. Neither Marshall’s office or other experts, including a Senate Democratic aide familiar with official reimbursements, could point to another case where a senior congressional staffer lived outside the Washington area or their employer’s home state and expensed travel costs in this way.

Payton Fuller, a spokesperson for Marshall, said the senator is permitted under Senate rules to designate a remote duty station for his employees, which would allow them to expense work trips to Washington. Marshall’s office shared documentation showing Robertson changing his duty station to Lynchburg before charging the trip expenses.

“After a gang shooting struck his wife’s vehicle outside their D.C. condo, Brent and his family made the decision last year to move to Virginia,” Fuller said in a statement. “Like dozens of other chiefs of staff who have duty stations outside of D.C., and in full accordance and approval of Senate ethics, rules, and guidelines, Brent is reimbursed for official travel to and from his home and duty station in Virginia.”

She declined to comment when asked whether Robertson, who is separately on track to earn more than $220,000 in salary this year, intends to keep charging regular travel to and from his Virginia home to Marshall’s official expense account.

The Republican and Democratic spokespeople for the Senate Rules and Administration Committee, which oversees the chamber’s personnel practices, declined to comment.

Dylan Hedtler-Gaudette, interim vice president of policy and government affairs at the nonprofit watchdog group Project on Government Oversight, questioned the arrangement after being briefed on the expenses. Robertson’s use of official funds, he said in an interview, “appears as though it’s purely personal, which is not what those funds are supposed to be used for.”

Senate expense rules prohibit spending taxpayer funds for personal use, and Hedtler-Gaudette said the expenses “violate the spirit” of those guidelines. “It would be one thing if he was traveling to Kansas because that’s the state that his boss is the senator from,” he said.

He also raised the concern that arrangements like Robertson’s, that “stretch the definition of what a duty station is and encompass the personal home of every staffer,” could proliferate.

Robertson’s expenses were paid out of Marshall’s Official Personnel and Office Expense Account, a $4 million annual allowance that encompasses staff salaries, representational costs and other office expenses. Marshall has spoken out against federal employees doing remote work and sponsored legislation to curtail the practice.

“I want to make it clear, I’m against teleworking from home,” he said last year. “I’m just against it overall at the government level.”

Robertson’s decision to live in Lynchburg and seek travel expenses back and forth is further complicated by the fact that he continued to own a Washington condo that he claimed as his primary residence until it was sold in May, according to D.C. property tax records. Publicly available copies of his tax bill show that lowered his property tax bills by hundreds of dollars during the period he was claiming travel expenses to and from Lynchburg.

After Blue Light News inquired about Robertson claiming a “homestead” tax deduction, Fuller said a “delay in processing” led to the error and that the “issue has been resolved.” Robertson, she said, recently paid about $700 in back taxes and fees owed to the D.C. government.

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Senate votes against Trump’s 50 percent tariff on Brazil

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The Senate once again rebuked President Donald Trump on tariffs, a vote that comes as the president is in Asia touting tariffs and notching progress on trade agreements.

Senators on Tuesday voted 52-48 to terminate the national emergency Trump declared in order to impose 50 percent tariffs on most Brazilian goods in July. Five Republican Senators joined the Democrats in the vote: Thom Tillis (N.C.), Susan Collins (Maine), Lisa Murkowski (Alaska), Mitch McConnell (Ky.) and Rand Paul (Ky.), the measure’s co-sponsor.

The vote — the first in a series of three expected resolutions aiming to block President Trump’s tariffs on Brazil and Canada as well as his widespread global tariffs — comes amid bubbling tension in the Senate over how Trump’s trade war has affected farmers and small businesses.

Next week, the U.S. Supreme Court is set to hear oral arguments over whether Trump has overstepped his authority by using an emergency law to impose tariffs on nearly every country in the world.

“Emergencies are like war, famine [and] tornadoes,” said Paul, the most vocal opponent of Trump’s tariffs in the Senate. “Not liking someone’s tariffs is not an emergency. It’s an abuse of the emergency power and it’s Congress abdicating their traditional role in taxes.”

But the vote remains largely symbolic: Republican leaders in the House have blocked the chamber from voting to overrule the tariffs until March, protecting Republican members who are facing blowback from home state farmers and small businesses angry over the economic impact.

Sen. Ron Wyden (D-Ore.), a co-sponsor on the Canada and global tariff resolutions, said he is hearing rising discontent among “Republican senators who go home and they just feel like they’re getting hit by a trade wrecking ball.”

“People come up and say ‘the tariffs are killing us.’ You go to the grocery store and everybody’s up in arms,” continued Wyden, a ranking member of the Senate Finance Committee, which oversees trade issues.

Trump announced that he would impose a 50 percent tariff in July, in response to what he felt was an unfair legal case against former Brazilian President Jair Bolsonaro — a Trump ally — over his role in attempting to overturn the results of the country’s 2022 election, as well as over a Brazil’s policies on digital content, which has ensnared U.S. social media companies.

In his order imposing the tariffs, Trump declared a national emergency over “the scope and gravity of the recent policies, practices, and actions of the Government of Brazil constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States.”

That order has received pushback from some in Congress, including Sen. Tim Kaine (D-Va.), who argued that by allowing the president to declare an emergency over a country’s treatment of a political ally would open the door to broader use of national emergencies to govern.

“Don’t lie and say there’s an energy emergency when there isn’t,” said Kaine, who sponsored the resolution. “Don’t lie and say Brazil’s prosecution of a president is an emergency when it’s not. Don’t use the lie to increase the price of coffee by 40 percent in a year. Don’t use the lie to punish a country with whom we have a trade surplus. Don’t lie and don’t hurt my citizens.”

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Congress

Cotton blocks Trump-backed effort to make daylight savings time permanent

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Sen. Tom Cotton wasn’t fast enough in 2022 to block Senate passage of legislation that would make daylight savings time permanent. Three years later, he wasn’t about to repeat that same mistake.

The Alabama Republican was on hand Tuesday afternoon to thwart a bipartisan effort on the chamber floor to pass a bill that would put an end to changing the clocks twice a year, including this coming Sunday.

“If permanent Daylight Savings Time becomes the law of the land, it will again make winter a dark and dismal time for millions of Americans,” said Cotton in his objection to a request by Sen. Rick Scott (R-Fla.) to advance the bill by unanimous consent.

“For many Arkansans, permanent daylight savings time would mean the sun wouldn’t rise until after 8:00 or even 8:30am during the dead of winter,” Cotton continued. “The darkness of permanent savings time would be especially harmful for school children and working Americans.”

A cross-party coalition of lawmakers has been trying for years to make daylight savings time the default, which would result in more daylight in the evening hours with less in the morning, plus bring to a halt to biannual clock adjustments.

President Donald Trump endorsed the concept this spring, calling the changing of the clocks “a big inconvenience and, for our government, A VERY COSTLY EVENT!!!”

His comments coincided with a hearing, then a markup, of Scott’s legislation in the Senate Commerce Committee. It set off an intense lobbying battle in turn, pitting the golf and retail industries — which is advocating for permanent daylight savings time —against the likes of sleep doctors and Christian radio broadcasters — who prefer standard time.

Joined by Sen. Sheldon Whitehouse (D-R.I.) and Tommy Tuberville (R-Ala.) in calling for the Senate to pass the bill Tuesday, Scott cited states’ rights as a major reason for his support for the so-called “Sunshine Protection Act.”

“It allows the people of each state to choose what best fits their needs and the needs of their families,” said Scott. “The American people are sick and tired of changing their clocks twice a year. It’s confusing, unnecessary and completely outdated.”

There was hope earlier this year that momentum was growing for the quixotic legislative campaign after progress stalled following senators’ success in 2022 to pass a version of Scott’s bill by unanimous consent — an outcome typically reserved for noncontroversial bills that took lawmakers by surprise.

Cotton on Tuesday decried the “abject failure” of the last time Congress enacted permanent daylight savings time in 1974, pledging to always oppose legislation that would do just that.

He said he took “full responsibility” for dropping the ball in 2022, explaining he hadn’t adequately communicated the extent of his opposition and that he had expected another senator to object.

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