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House Republicans plan legislative response to provision letting senators to sue over phone records

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Speaker Mike Johnson said he told Senate Majority Leader John Thune he strongly disagreed with the Senate GOP’s inclusion of a provision in the government funding package allowing senators to sue if their electronic records are obtained without their knowledge.

“I don’t think that was the smart thing to do,” Johnson told reporters Wednesday night.

Of Thune, Johnson added, “I think he regretted the way it was done, and we had an honest conversation about that.”

The House voted late Wednesday on legislation to end the longest government shutdown in history that included a continuing resolution to fund federal operations through Jan. 30 and a “minibus” of three full-year appropriation bills for Department of Agriculture and the FDA, the Department of Veterans Affairs and military construction projects and the legislative branch.

Thune personally negotiated the inclusion of language in the legislative branch funding measure that would allow senators to receive a $500,000 payment if federal law enforcement obtains their electronic data and doesn’t notify them.

It was a direct response to recent revelations that eight Republican Senators had their phone records subpoenaed during former special counsel Jack Smith’s probe into President Donald Trump’s efforts to overturn the 2020 election.

But even though Republicans on both sides of the Capitol are irate over Smith’s actions and want to haul Smith before lawmakers to testify, House Republicans were caught off guard by the provision and are now seeking to have it reversed.

Johnson announced Wednesday afternoon the House would vote on legislation next week to overturn it; it’s expected to pass with wide bipartisan support.

Separately, House Judiciary Committee Chair Jim Jordan will hold a vote in his panel on a bill that would create stricter rules for the courts to approve non-disclosure orders often sought by federal law enforcement officials when conducting investigations. It passed the House in the previous Congress.

Jordan told reporters Wednesday there was no justification for Smith to seek a non-disclosure order when obtaining the senators’ phone data around the date of the Jan. 6, 2021 attacks on the Capitol.

Still, he did not appear to have an issue with clawing back the related provision in the government funding bill.

“Frankly, I would just say that we should pass laws for Americans, not for any special category,” he said.

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Congress

Rand Paul weighs a 2028 presidential bid

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Sen. Rand Paul (R-Ky.) is considering a bid for president in 2028, as Republicans jockey for the future of the GOP post-Trump.

In a “CBS Sunday Morning” interview airing Sunday, a reporter asked Paul about an article that implied he would be running for president.

“We’re thinking about it,” Paul said. “I would say fifty-fifty,” adding that he would make a final decision after the midterm elections.

Paul ran for the Republican nomination for president in 2016 with a libertarianism-focused campaign but ultimately dropped out after a poor performance in the Iowa caucuses and a shortage of cash. He instead ran for reelection to the Senate.

Paul has had a complex relationship with his own party and with President Donald Trump, often finding himself the lone Republican on certain issues. More recently, he was the only Republican to support a joint resolution that would limit Trump’s war powers in Iran.

His father, former Rep. Ron Paul, also ran for president three times: first as a Libertarian in 1988, and twice as a Republican in 2008 and 2012.

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Congress

‘Meltdown’: DHS shutdown set to drag on after House GOP rejects Senate deal

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House Republicans moved Friday to further extend the six-week shutdown of the Department of Homeland Security by rejecting a Senate bill that would fund the vast majority of DHS agencies through September.

Instead, Speaker Mike Johnson proposed a temporary extension of DHS funding through May 22 — a plan that has uncertain prospects in the House and certainly won’t pass the Senate before the shutdown becomes the longest funding lapse in U.S. history Saturday.

But Johnson said House Republicans simply could not swallow the Senate bill, which omits funding for Immigration and Customs Enforcement as well as Border Patrol and some other parts of Customs and Border Protection.

“The Republicans are not going to be any part of any effort to reopen our borders or to stop immigration enforcement,” he said. “We are going to deport dangerous criminal illegal aliens because it is a basic function of the government. The Democrats fundamentally disagree.”

The move toward an eight-week stopgap creates a tactical gulf between Johnson and Senate Majority Leader John Thune, who called an end to weeks of abortive bipartisan talks Thursday and pushed through the funding bill in hopes of tacking on funding later for ICE and CBP in a party-line budget reconciliation bill.

President Donald Trump has largely stayed out of the GOP infighting on Capitol Hill, keeping his criticism trained on Democrats. He ordered DHS to pay TSA officers Thursday as long security lines snarls more U.S. airports.

Johnson played down the split with his Senate counterpart, saying the Democratic leader there bore more blame for the impasse.

“I wouldn’t call John Thune the engineer of this,” he said. “Chuck Schumer and the Democrats in the Senate have forced this upon the Senate. I have to protect the House. … Our colleagues on this side understand this is not a game. We are not playing their games.”

Thune said early Friday morning he did not speak directly to Johnson in the final hours leading up to the Senate’s voice vote, but he said they had texted. He acknowledged he did not know in advance how the House would handle the Senate bill.

“Hopefully they’ll be around, and we can get at least a lot of the government opened up again, and then we’ll go from there,” he said.

Johnson made his game plan clear with House Republicans on a private call just minutes before addressing reporters in the Capitol, according to four people granted anonymity to describe the call. He warned that a failure to advance the short-term DHS stopgap would upend GOP plans for a reconciliation bill, the people said.

He suggested the Senate could quickly clear the stopgap measure once it passes the House. Most senators have left Washington for a recess running through April 13, but Johnson said the chamber could approve the House measure by unanimous consent at a planned pro forma session Monday.

But some House Republicans on the private call, including Rep. Carlos Gimenez of Florida, aired doubts it could pass the Senate — or even the House. Some fellow GOP centrists argued that the House should just swallow the Senate bill and end the standoff.

The House plan for a 60-day stopgap won a cold reception in the Senate, with even Republicans warning it will only prolong the partial government shutdown.

The plan is instead fueling frustration among both Republicans and Democrats who view House Republicans as essentially throwing temper tantrum. Three people granted anonymity to speak candidly each described the House as having a “meltdown.”

Schumer publicly slammed the House GOP plan Friday, saying it was “dead on arrival” across the Capitol, “and Republicans know it.”

A Senate GOP aide granted anonymity to speak candidly added that the quickest way to end the shutdown is for the House to pass the Senate bill.

Five people granted anonymity to comment on Senate dynamics said there was no possibility that Democrats would let the House GOP plan pass during the Senate’s brief pro forma sessions over the next two weeks. It would only take one Democratic senator to show up and object to any attempt to pass it.

The bill, according to the five people, also can’t get 60 votes in the Senate once the chamber returns. Democrats have previously rejected even shorter stopgaps, leaving some to privately question why House Republicans would ever think their plan would work.

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Trump to send Congress his budget request April 3

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President Donald Trump plans to send Congress a budget request April 3, detailing his policy and funding wish list for the fiscal year that begins in October, according to a spokesperson for the White House budget office.

It’s unclear whether the president will also submit a supplemental military funding request at the same time, to aid the military in the U.S. conflict in Iran. For more than a week, the White House has been reviewing a Pentagon request for about $200 billion in emergency cash to support new military action in the Middle East.

Trump already called in January for a $1.5 trillion defense budget for the upcoming fiscal year, a $500 billion increase from the Pentagon’s current funding levels.

The president’s budget is scheduled to arrive on Capitol Hill almost nine weeks after it was due Feb. 2. Though the fiscal blueprint is nonbinding, top appropriators in both parties have expressed frustration with the delay, since they rely on the framework to begin writing the dozen annual funding bills Congress must pass by Sept. 30.

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