Congress
How Senate Republicans won the last vote to end the shutdown
Tim Kaine privately laid out weeks ago what he needed in return for his vote to end the government shutdown: a “moratorium on mischief.”
That’s what the Virginia Democrat told Senate Majority Leader John Thune that any deal had to include — undoing the firings President Donald Trump and budget director Russ Vought had carried out since the start of the shutdown, as well as protections against future firings of federal workers, who make up a significant portion of Kaine’s constituency.
It was a demand that Kaine wasn’t sure the White House and Trump would agree to fully meet until the final hours before the nail-biter vote Sunday that cemented a bipartisan breakthrough.
“There was a lot of resistance but they needed my vote,” Kaine said about the GOP reaction to his demands, adding that negotiators “reached a meeting of the minds” at about 5:45 p.m. Sunday.
About five hours later, the Senate voted to move forward with legislation ensuring any federal workers laid off during the shutdown are rehired and blocking future reductions in force, or RIFs, through at least the end of a new Jan. 30 stopgap spending bill.
Most of the attention to the six weeks of shutdown negotiation centered on Democrats’ demands surrounding health care, particularly the extension of key expiring health insurance subsidies. But the RIF language was the final piece that helped clinch the deal, according to interviews with six people involved in the bipartisan negotiations.
With only eight members of the Democratic caucus voting to advance the bill — the bare minimum for it to move forward — satisfying Kaine was critical to ending the conflict largely on the GOP’s terms while also giving Democrats, who have long worried about Trump taking a sledgehammer to the federal government, something to hold up as a consolation prize.
Kaine was, by his own admission, a latecomer to the bipartisan talks, only joining late last week. Sens. Jeanne Shaheen (D-N.H.) and Angus King (I-Maine) began talking with Republicans the first night of the shutdown, by Shaheen’s account. The core group of negotiators included Sens. Maggie Hassan (D-N.H.), Susan Collins (R-Maine) and Katie Britt (R-Ala.), among others.
Shaheen, asked about the RIF language, said that it was “something the White House put on the table weeks ago as something they were willing to take a look at.” Britt also said in an interview the idea was in the mix as she, Collins, Shaheen and others discussed possible paths to reopen the government.
But while senators spent weeks quietly circling around the same rough framework, they weren’t able to secure a breakthrough.
Things began to shift late last week, as Democrats’ elation over their big Election Day wins began to wear off and the reality of a record-setting shutdown — including unpaid federal workers, worsening air travel delays and missing food aid — began to set in.
Kaine gave a proposal Friday to Thune’s team and Collins, he recounted in an interview Monday. That sparked around-the-clock negotiations over the RIF language over the weekend, including direct talks starting Sunday morning between Kaine and Britt, an appropriator and key emissary between the various negotiators and the White House.
“I think I got off the phone at 12:30 a.m. [Sunday], I think Susan Collins was up for an hour past that and then at 5 a.m. I started getting text messages about this,” Britt said. “Tim Kaine and I talked a number of times both on the phone and in person.”
While senators were hammering out the RIF language, Collins and other appropriators were working to lock down another piece of the shutdown puzzle: a three-bill funding package that included money for veterans programs, food aid and other agencies, as well as Congress itself. Agreeing to the three bills, Democrats and Republicans believe, was key to helping rebuild enough trust to notch a broader deal to end the shutdown.
Senators and staff “worked night and day, literally,” Collins said Monday night after the bill passed. “It shows the Senate can work, we can produce the results that are needed.”
At the same time, Shaheen, King and Hassan led the effort to privately persuade their fellow members of the Senate Democratic Caucus that the agreement was the best offer they were going to get from Republicans, who hadn’t shifted in six weeks on their refusal to negotiate over the expiring Affordable Care Act subsidies.
In the end, that wasn’t enough to get most members of the Senate Democratic caucus — including Minority Leader Chuck Schumer, who told members involved in the talks about two weeks ago he could not support the deal they were sketching out, according to a person granted anonymity to discuss details of the negotiations.
Schumer continued privately urging them to hold out even as they moved to concede this week, the person added. But the senators had seen enough.
“This was the option on the table,” Shaheen said Monday. She added that some Democratic colleagues who voted against the deal privately told her, “I’m so glad you did that, but I’m not going to vote with you.”
With Thune and Schumer at loggerheads, senators on both sides engaged in on-and-off shuttle diplomacy.
Britt, notably, spoke with Schumer late last month — a conversation aimed, she said, at making sure he was open to allowing the trio of full-year spending bills to move forward. Shaheen, Hassan and King met with Thune, who pledged that he would give them a vote on an ACA extension bill that they would have until mid-December to draft.
“We sat across from him, we looked him eye to eye,” Shaheen said about the talks with Thune.
The trio met repeatedly with each other, as well as a group of roughly a dozen Senate Democrats that eventually included Sen. Dick Durbin of Illinois, the party’s whip and highest-ranking Democrat who backed the effort. Durbin said he also spoke with Thune on Sunday, telling the South Dakota Republican that “I was counting on him to keep his word” on the ACA vote.
“He assured me he would,” Durbin added.
Thune publicly reiterated his commitment to the vote Monday, though he stopped well short of predicting a breakthrough.
“I think there’s some goodwill on this issue,” he told reporters. “We’ll see if something lands.”
On the Republican side of the aisle, Collins kept in close contact with senators as she worked to lock down the appropriations bills and close out a deal that would reopen the government.
Collins had privately pitched a six-point plan for ending the shutdown, and the eventual deal largely aligned with what she set out: enacting the three-bill “minibus,” teeing up another package of full-year bills, guaranteeing back pay for furloughed employees, promising the ACA vote, beefing up security funding for lawmakers and passing a stopgap bill to reopen all agencies.
Trump never engaged directly with Democrats after an unfruitful late-September meeting with the top party leaders. But GOP senators, including Britt, made sure the White House was on the same page as what was being discussed among the lawmakers. Britt identified Vice President JD Vance, White House deputy chief of staff James Blair and director of legislative affairs James Braid as the key officials who helped land the shutdown agreement.
Vance, Britt added, told her “whatever you need, just let me know.”
The open line to the White House came in handy in the final 48 hours, as Britt, Kaine and other senators hashed out the final terms of the RIF agreement.
“Obviously the White House set the framework, and Senator Kaine knew what he needed to achieve,” Britt said, describing her role as “being a conduit … and trying to make sure nothing got lost in translation.”
Katherine Tully-McManus contributed to this report.
Congress
How Mike Johnson is scrambling to keep the shutdown short
Speaker Mike Johnson is planning to meet with Rules Committee Republicans shortly before the panel convenes this afternoon to take up a massive shutdown-ending funding package, according to three people granted anonymity to discuss the private plans.
The meeting is expected to include discussion of how to handle conservative hard-liners’ demands to attach a partisan elections bill to the $1.2 trillion spending package.
But any change to the bill could add days more to the three-day partial government shutdown that Johnson is hoping to end Tuesday with House approval of the Senate-passed legislation that combines five full-year funding bills with a two-week extension of Homeland Security spending.
Rep. Anna Paulina Luna (R-Fla.) is vowing to block any move to tee up the Senate-approved package for a final vote unless Johnson moves to attach the elections bill, known as the SAVE Act. With a razor-thin majority, Johnson can afford no more than one Republican defection on a party-line vote.
House Majority Leader Steve Scalise told reporters Monday that GOP leaders haven’t made any final decisions on how to handle the SAVE Act but Trump emphasized in a recent Oval Office meeting that he wanted the funding legislation quickly passed.
“The president obviously really wants this,” he said.
The SAVE Act, which passed the House with scant Democratic support last year, would require citizenship documentation to register to vote and several cut back on mail voting. A new version of the bill would also require photo ID to vote.
Tacking it on to the funding package would essentially guarantee that the government shutdown Johnson and Trump are desperately trying to end as quickly as possible would continue for days — or longer. Senate Minority Leader Chuck Schumer warned Monday that the SAVE Act was “dead on arrival” in the other chamber, with Democrats arguing it creates unnecessary barriers to voting.
“If House Republicans add the SAVE Act to the bipartisan appropriations package it will lead to another prolonged Trump government shutdown,” Schumer said.
Luna said in an interview Monday that her position has not changed as Johnson faces a growing pressure campaign from both his own members and an army of hard-right online influencers pressing for the election bill’s inclusion.
Congress
Capitol agenda: Mike Johnson’s shutdown gamble
House GOP leaders face an uphill battle to pass the revamped government funding package from the Senate, potentially dragging out the shutdown.
Speaker Mike Johnson hopes to pass the five full-year funding bills and the two-week DHS stopgap on Tuesday relying only on Republicans, after Minority Leader Hakeem Jeffries told him he wouldn’t help secure the Democrats needed to expedite the legislation. GOP leaders will have to quell an internal Republican revolt before they get there.
Here’s how things are shaping up ahead of Tuesday:
— Democrats divided, Republicans seek unity: Most House Democrats who spoke during a private caucus call Sunday evening were against the package, which was negotiated by Senate Democrats and the White House. House Homeland Security ranking member Bennie Thompson (D-Miss.) was among the Democrats urging members to oppose it in a Dear Colleague email Sunday night.
But some senior Democrats on the call said they supported the legislation, including Reps. Steny Hoyer of Maryland, Jim Clyburn of South Carolina and New Democrat Coalition Chair Brad Schneider of Illinois, according to three people granted anonymity to discuss the conversation. The disconnect between leadership and other senior members is triggering some hand-wringing among frontline Democrats about what to do next.
Even though some Democrats are signaling they’d vote for the package in the end, it’s not clear whether Johnson can get past the procedural step of adopting a rule with GOP support still uncertain and Democrats unlikely to bail him out.
GOP leaders and White House officials are trying to convince key hard-liners to get on board.
Reps. Anna Paulina Luna (R-Fla.) and Tim Burchett (R-Tenn.) are among the Republicans who want to attach legislation aimed at preventing noncitizens from voting in elections. Some ultra-conservatives oppose the Senate agreement overall and would prefer a Homeland stopgap that lasts six weeks or longer.
Luna said Sunday night that “these appropriations bills will FAIL” if the election citizenship legislation isn’t included.
— Bigger DHS deal looks tougher: Key lawmakers continue to raise red flags about striking a deal on a full-year DHS funding bill by the time the two-week CR expires.
Johnson on Sunday panned Democrats’ demands to bar federal immigration enforcement officers from wearing masks and to require them to wear identification. He also signaled unwillingness to negotiate on tightening requirements for judicial warrants for immigration operations. Jeffries is insisting that an agreement on judicial warrants is “a condition of moving forward.”
Senate Majority Leader John Thune doesn’t believe Congress can pass a Homeland Security deal in two weeks, telling reporters late last week that “a two-week CR probably means there’s going to be another two-week CR and then maybe another two-week CR after that.”
“I just think it’s going to be really, really hard to get anything done and then actually execute on the procedures and process we have in the Senate, even if there’s an agreement,” he said.
What else we’re watching:
— Johnson to swear in new Dem: Johnson plans to swear in Houston Democrat Christian Menefee before votes Monday night, pending final certification of his special runoff victory to serve out the rest of the late Rep. Sylvester Turner’s term. Once Menefee joins the House, Johnson will have a single-vote buffer with 218 Republicans and 214 Democrats.
Jordain Carney, Meredith Lee Hill, Mia McCarthy and Nicholas Wu contributed to this report.
Congress
Mike Johnson says House can end government shutdown ‘by Tuesday’
House Speaker Mike Johnson said he is confident Congress can end the partial government shutdown “by Tuesday” despite steep opposition from Democrats and turmoil within the GOP conference.
Johnson is under pressure to unite his caucus, with lawmakers raising concerns about funding for the Department of Homeland Security as the Trump administration faces scrutiny over its nationwide immigration crackdown that has at times turned violent.
House Republicans are hoping to take up the $1.2 trillion funding package passed by the Senate on Tuesday following a House Rules Committee meeting Monday. The partial shutdown began early Saturday.
GOP leadership in the House originally hoped to pass the bill under suspension of the rules, an expedited process that requires a two-thirds-majority vote, but Minority Leader Hakeem Jeffries told Johnson on Saturday that Democrats would not help Republicans acquire the necessary support for the spending bill.
“I’m confident that we’ll do it at least by Tuesday,” Johnson said in a Sunday interview on NBC’s “Meet the Press.” “We have a logistical challenge of getting everyone in town, and because of the conversation I had with Hakeem Jeffries, I know that we’ve got to pass a rule and probably do this mostly on our own. I think that’s very unfortunate.”
The Senate voted Friday to pass a compromise spending package after Senate Democrats struck a deal with President Donald Trump to extend DHS funding for two weeks. The move bought Congress more time to work out a compromise on reforms for Immigration and Customs Enforcement after federal officers fatally shot two people in Minnesota earlier this month.
Speaking to host Kristen Welker on “Meet the Press,” Johnson acknowledged that “there’s been tragedies in Minnesota” — but he also blamed Democrats in the state for “inciting violence,” even as the Trump administration attempts to tamp down pressures in the state.
Johnson praised Trump’s decision to send White House border czar Tom Homan to Minneapolis, a step widely seen as a deescalation from the aggressive tactics favored by Border Patrol commander Gregory Bovino.
“[Trump] was right to deputize him over that situation,” he said of Homan on NBC. “He has 40 years of experience in Border Patrol and these issues. So I think that this is going to happen, but we need good faith on both sides. Some of these conditions and requests that they’ve made are obviously reasonable and should happen. But others are going to require a lot more negotiation.”
Johnson pushed back in particular on Democratic calls to bar federal immigration enforcement officers from wearing masks and require them to wear identification, telling Fox’s Shannon Bream: “Those two things are conditions that would create further danger.”
He also signaled an unwillingness to negotiate on Democratic demands to tighten requirements for judicial warrants for immigration operations.
Still, House Democrats remained opposed to passing the funding package as is, with Rep. Ro Khanna (D-Calif.) saying Sunday: “I’m not just a no. I’m a firm no.”
“I just don’t see how in good conscience Democrats can vote for continuing ICE funding when they’re killing American citizens, when there’s no provision to repeal the tripling of the budget,” Khanna said in a Sunday interview with Welker on NBC. “I hope my colleagues will say no.”
Jeffries also signaled Sunday that a wide gap remains between his conference and House Republicans, telling ABC’s George Stephanopoulos that the House must reach an agreement on judicial warrants “as a condition of moving forward.”
“The one thing that we’ve said publicly is that we need a robust path toward dramatic reform,” Jeffries said on ABC’s “This Week.” “The administration can’t just talk the talk, they need to walk the walk. That should begin today. Not in two weeks, today.”
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