Congress
House Democrats assert themselves as Republicans struggle to set agenda
On paper, Democrats are locked out of legislative power in the majority-rules House. In practice over the past several months, they have been a swaggering force.
Time and again this year, Democrats under Minority Leader Hakeem Jeffries have maneuvered to successfully undercut the GOP agenda and put its leaders on the back foot. From a daily drumbeat on health care to the long-running saga over the late sex offender Jeffrey Epstein to a new focus on the rising cost of living, they believe they’re succeeding by making the party in power talk about Democratic priorities, not its own.
Their success was underscored this week when four House Republicans joined a Jeffries-led effort to force a vote on expiring Obamacare insurance subsidies — a major embarrassment for the GOP speaker.
“Our message to Mike Johnson is clear — you can run, but you cannot hide,” Jeffries said as he took a victory lap on the House steps Thursday.
The New Yorker was referring to his party’s effort to address a so-called health care “crisis” brought about by Republican governance. But it could just as well apply to the overall Democratic attitude at the moment, with the party increasingly buoyant about its political fortunes heading into next year’s midterm elections.
Johnson and his leadership allies have been able to put some wins on the board since lawmakers returned from their summer recess. Republicans ultimately triumphed and ended a record-long shutdown without agreeing to a costly extension of the Obamacare subsidies. They managed to unite and pass a small-bore health care package this week as well as a bipartisan permitting reform bill.
But it has come at a cost. To win the shutdown fight, Johnson kept the House out of session — giving up roughly a fifth of the year’s scheduled legislative days. And managing a razor-thin majority with its constantly clashing factions has left many of his members airing dissatisfaction with the status quo.
“I think the House as a whole has not been nearly as proactive as we should have been in recent months,” said Rep. Kevin Kiley (R-Calif.). “It certainly didn’t help that we weren’t even here for two of those months.”
“I believe that we’re behind,” added Rep. Nancy Mace (R-S.C.). “We’ve got a lot of work to do between now and the midterms.”
With a sizable band of Republican malcontents willing to buck their party’s leadership, Democrats have sought opportunities to divide the majority party — often by using discharge petitions, one of the few legislative tools available to the minority party.
Already this year three discharge petitions have garnered the necessary 218 signatures, forcing votes Johnson tried to avoid on releasing the Epstein files, restoring federal workers’ collective bargaining rights and now extending the Obamacare subsidies for three years. Each one succeeded with the vast majority of Democrats signing on at Jeffries’ direction, with a handful of GOP rebels joining in.
“We’re in the minority, but our ideas are still really good, and they deserve bipartisan support,” said Rep. Greg Stanton (D-Ariz.).
Democrats, Jeffries said, have already “won more discharge petitions in the last three weeks than have been successful in the last 30 years.” More could be coming next year, with more lawmakers planning to move on Russia sanctions legislation and a ban on congressional stock trading.
Beyond the discharge petitions, House and Senate Democrats made a larger strategic calculation in September that has since dominated the congressional agenda: centering a government shutdown fight on health care — in particular, the pending Dec. 31 expiration of enhanced Affordable Care Act tax credits enacted and extended under former president Joe Biden.
The decision shifted the conversation on Capitol Hill away from President Donald Trump’s controversial but popular assault on federal spending to much more favorable political ground for Democrats. The party knew well that health care was a minefield for Republicans — one that many in both parties blamed for the GOP’s massive House losses in the 2018 midterms.
Ultimately, the shutdown ended after 43 days when a handful of Democratic senators decided the standoff had run its course. But House Democrats strategized to keep health care center stage, with Jeffries filing a discharge petition seeking a vote on a straight three-year extension of the expiring tax credits before moderate Republicans started filing their own discharge petitions.
Within a week, it had more than 200 signatures, and as the vulnerable Republicans scrambled for an off-ramp, Jeffries frequently noted the simplest solution would be for a handful of GOP members to sign on to the Democratic effort. Some moderate Democrats mulled backing a competing discharge petition from Rep. Josh Gottheimer (D-N.J.) that would force a vote on his bipartisan plan for a shorter extension with strings attached. But the vast majority of Democrats kept away, signaling they wanted to stay behind Jeffries’ approach.
“Nobody wanted Gottheimer to dictate strategy for the whole caucus,” said one person directly involved who was granted anonymity to speak candidly about strategy.
The maneuvering paid off. While Jeffries kept Republicans and some of his own members guessing by suggesting he might get behind one of the bipartisan plans, he ultimately never wavered on the straight three-year approach.
When, as many Democrats expected, Johnson refused to put one of the compromise extensions on the floor, GOP moderates were left with no choice but to join the Jeffries effort.
Rep. Troy Carter (D-La.) called it an “incredibly strategic move” by Jeffries “to have a discharge petition in place and create a safe space for members to do the right thing.”
The completion of the discharge petition has amounted to an internal debacle for Johnson, whose members are now unhappy that GOP leaders got outplayed and will now vote on a measure that the vast majority of them loathe.
“I hate that we are voting on a three-year clean extension and not a bipartisan bill that has smart reforms to the tax credits,” Rep. Don Bacon (R-Neb.) said. “The worst option is being put on the floor — and one that the Senate will not pass.”
Republican leaders, for their part, initially underestimated whether enough of the moderate holdouts would be willing to break ranks and sign on to Jeffries’ discharge petition. They viewed two in particular — Pennsylvania Reps. Rob Bresnahan and Ryan Mackenzie — as unlikely to sign given their willingness to fall in line on the GOP megabill over the summer, according to two people granted anonymity to describe internal conversations.
But as each side dug in early this week and leaders moved away from allowing a floor vote on a compromise amendment, the moderates made clear to GOP leaders they would retaliate via the Jeffries discharge petition. Bresnahan and Mackenzie were among the four who signed, pushing it over the top.
Majority Leader Steve Scalise said in an interview that the possibility of the moderates linking arms with Democrats “was heavily discussed” and that leaders “didn’t want it to happen.”
“But, you know, we tried to find a different way to address it,” he said. “I mean, nobody was blindsided.”
Congress
‘The original sin:’ Hill Republicans blame White House for slow-walking FISA sales pitch
A messy GOP battle over a key government spy authority boiled over in the House this week — but the crisis was months in the making.
White House officials and Republican Hill leaders have tried to pressure GOP hard-liners into approving a clean, 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act that President Donald Trump demanded. But amid a GOP rebellion on Capitol Hill, Speaker Mike Johnson Thursday afternoon punted a vote on the measure for the second day in a row.
The program expires Monday night. Senators went home for the weekend as Johnson continued to pursue a compromise with the holdouts for an extension as long as three years with reforms, and raced to hold a vote.
Now, the finger-pointing among Republicans is rampant and temperatures are running high.
A band of House ultraconservatives — who have long been concerned that warrantless government surveillance of foreign individuals could sweep up data on Americans — shot down Trump and GOP leaders’ long-held plans for the 18-month extension with no reforms earlier this week.
“A clean extension ain’t going to move on the floor,” Rep. Chip Roy of Texas, one of the head House GOP holdouts, warned earlier this week.
In interviews with more than two dozen Republican lawmakers and aides on Capitol Hill involved in the talks, many of whom were granted anonymity to speak freely about the contentious policy debate, the consensus is that the White House is largely responsible for the current breakdown as GOP factions snipe and assign blame.
“This is why we shouldn’t wait until the last minute on these things,” one House Republican fumed Thursday. A congressional GOP aide added, “The White House was too late to come to a decision. That was the original sin.”
A senior White House official disputed the characterization from some Hill Republicans that the administration had taken too long to plead their case. They pointed to a briefing in the Situation Room months ago with Republican lawmakers, during which “the president heard arguments on both sides of the issue.”
The official added, “We’ve had multiple briefings from senior officials, both on the House and Senate side, about the desirability of this program. Again, going back months ago.”
Trump told House Intelligence Chair Rick Crawford (R-Ark.) and House Judiciary Chair Jim Jordan (R-Ohio) that he wanted a clean extension, without reforms, in February. The president arrived at this position, a second White House official said, after “the administration completed a policy process through the interagency and advised POTUS that a clean extension was the best course and solicited views on length from Blue Light News.”
There was also coordination between the White House and Capitol Hill, according to three people familiar and the senior White House official: Johnson requested the reauthorization run for 18 months, and Trump agreed.
The administration succeeded in convincing Jordan, who had previously pushed for changes to Section 702, to publicly support a clean extension following a White House meeting on the subject.
But ultraconservatives on Capitol Hill were harder to convince, with some House Republicans correctly predicting two months ago they were going to have issues as the vote drew nearer. Trump has forced those hard-liners to cave in recent months on other fights, but the spy powers legislation was one area where members have not been as willing to relent.
While Trump officials made outreach to members at least two months ago, Hill engagement ramped up in the days leading up to the scheduled vote. That has included appeals to lawmakers from CIA Director John Ratcliffe, Deputy CIA Director Michael Ellis and Joint Chiefs Chair Gen. Dan Caine, according to five people. Ellis has made personal phone calls to members, according to two people familiar with the pressure campaign.
White House deputy chief of staff James Blair, White House Legislative Affairs chief James Braid and other legislative affairs officials have also been calling individual House Republicans and working through negotiation details, according to six other people with direct knowledge of the conversations.
Noticeably absent from this outreach is Director of National Intelligence Tulsi Gabbard. Her office plays a statutory role in overseeing Section 702 and has historically been a key proponent of the powerful spy powers.
Gabbard in early February expressed concerns to Trump about reauthorizing the statute without additional privacy guardrails, as Blue Light News reported earlier Thursday, though her appeal appears to have been unsuccessful.
And while the administration’s position on Section 702 came into focus in February, there were signs earlier in the month that its position had not fully crystallized. Officials meeting with the Senate Intelligence Committee at that time refused to divulge the White House’s stance on extending the surveillance power and adding reforms, according to five people with knowledge of the meeting. The exchange frustrated Republicans and Democrats on the panel, who are generally supportive of the surveillance program.
Due to a quirk in the law, the administration will still be able to operate the program for nearly a year even if it is not renewed, and privacy advocates have argued that Monday is a false deadline. But without the law on the books, communications providers like Google and AT&T, which the government tasks to surveil foreign messages, could stop complying with those orders.
But White House officials want an extension codified now, all the same. They have been arguing in conversations with lawmakers that the country is at war and national security is paramount amid threats from Iran. Therefore, they say, hardliners should fall in line to back the clean extension without delay, according to five people involved in the conversations.
“The program is critical for the United States military to listen to the conversations of foreign terrorists abroad while we are engaged in a military operation in Iran. That’s what we’ve been telling individuals, as well as the elevated threat levels around the world, as well as the threat from Mexican drug cartels,” the senior White House official said.
Two groups of House GOP hard-liners, after being summoned by Trump Tuesday night, met with officials at the White House. But some of the Republicans declined the invitation.“I’ve heard everything that the executive has to say on FISA,” Freedom Caucus Chair Andy Harris (R-Md.) said in an interview that evening. That meeting, however, marked a shift: Those House Republicans who went to the White House alongside GOP leaders — among them Roy and Reps. Keith Self of Texas, Byron Donalds of Florida, Clay Higgins of Louisiana, Morgan Griffith of Virginia and Warren Davidson of Ohio — took the opportunity to begin negotiations about a framework for a possible agreement around the use of warrants to access certain information.
The discussions included how the White House and GOP leadership needed to make good on a months-old promise to advance legislation that would ban a central bank digital currency. Enough House GOP holdouts late Thursday evening were threatening to still tank the procedural vote to advance the extension if the White House didn’t address the digital currency matter, according to four people with direct knowledge of the matter. “Unless it’s included, there’s enough votes to kill the rule,” Rep. Ralph Norman (R-S.C.) said in an interview Thursday afternoon. But other Republicans, White House officials and Senate GOP leadership are warning that attaching the measure directly would tank the FISA bill.
In exchange for making these concessions, GOP leaders and the White House have been pushing for a Section 702 extension that’s longer than 18 months and closer to three years.
The senior White House official also said Thursday the administration has “focused in on potentially having conversations about reforms to the program that we think would strengthen protections for American civil liberties … those conversations are ongoing.”
Jordan, meanwhile, has been helping build support for a clean extension by privately telling some Republicans that, if they can pass this 18-month clean extension now, they could potentially work on warrant reforms later, according to three people with direct knowledge of the discussions. That’s raised some eyebrows internally among House Republicans.
The House delays are leaving barely any time for the Senate to act. Majority Leader John Thune said in an interview Thursday that he’s already started having conversations with his own members about what they would need to clear a FISA extension Monday.
Ultimately, even if GOP leaders strike a deal on changes to the current proposed extension, it could risk support for reauthorization among key Democrats, who Republicans will need to pass the final legislation in a narrowly-divided House. While some House Democrats are expected to help Republicans get the final bill across the finish line — including top Democrat on the House Intelligence Committee, Rep. Jim Himes of Connecticut — Democratic leaders have so far declined to shore up the votes for any fast-tracked process.
“I am deeply skeptical of a straightforward extension,” House Minority Leader Hakeem Jeffries said Thursday, adding he told Johnson a few days ago there was “great Democratic skepticism” on a clean extension.
One Democratic Hill aide said Johnson and Trump did far too little to coordinate their pitch with Democrats, who carried a razor-thin vote to re-up the law in 2024.
“They never came to us,” the aide said.
Congress
GOP, Democrats blast Vought for holding back cash: ‘You don’t have the authority to impound’
Senators from both parties chided the Trump administration Thursday for continuing to withhold funding Congress has approved, more than a year after the White House first froze billions of dollars for temporary “review.”
During White House budget director Russ Vought’s testimony before the Senate Budget Committee, Sen. Chuck Grassley (R-Iowa) scolded the OMB chief for not sending hundreds of millions of dollars the Trump administration is supposed to give states throughout the year to support community services aimed at reducing poverty.
“Congress has appropriated money, and you don’t have the authority to impound it,” Grassley said about the more than $810 million Congress appropriated this year for the Community Services Block Grant program.
That program helps states fund anti-poverty services such as transportation, education and nutrition assistance that serve more than 9 million people each year.
Grassley told Vought that lawmakers “are not getting any answers” as to why the Trump administration hasn’t sent states their quarterly funding from the program. “I want those quarterly allotments released,” Grassley said.
While Vought did not directly address Grassley’s comments, he said at a different point during the hearing that “we have not impounded a single thing.”
Other senators, including Sen. Mark Warner (D-Va.), lamented federal dollars being withheld for the fund that provides capital to small banks and credit unions in underserved areas. For months lawmakers from both parties have pushed back against Trump’s plans to eliminate that program, the Treasury Department’s Community Development Financial Institutions Fund.
Congress
FISA extension vote delayed
House GOP leaders are pushing back the planned 3:15 p.m. procedural vote related to the bill extending a key spy power due to expire in four days.
Leaders are continuing to negotiate with hard-liners to come up with a deal that can pass the chamber.
No new time has been set for the rule vote.
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