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The Dictatorship

It’s not whether there will be a shutdown — it’s how much of government will close

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With less than 72 hours until most of the federal government runs out of funding, a partial shutdown now appears likely. The more pressing question is how much of the government will close — and for how long.

Senate Democrats told MS NOW that their support for a Department of Homeland Security funding bill hinges on new restrictions on President Donald Trump’s immigration enforcement agencies.

Republicans, who are also facing political pressure after officers killed two U.S. citizens in Minnesota, say they’re open to hearing the Democratic proposals. But time is short, and any agreement would need to clear both chambers of Congress — with House Speaker Mike Johnson, R-La., signaling no plans to bring the House back from recess.

Instead, Johnson and other GOP leaders are urging Senate Democrats to join Republicans in passing the remaining six of the 12 annual appropriations bills without changes, even though Democrats are adamant they won’t do that.

As Friday night’s deadline looms, lawmakers need to move quickly to avert a funding lapse that could affect roughly four-fifths of federal agency budgets.

But there’s a massive barrier in the way. Republicans want a handshake agreement with Trump on changes at Immigration and Customs Enforcement, rather than codifying restrictions in the Homeland Security funding bill itself. Democrats say they don’t trust the administration to follow through.

“Can’t trust anything, any promises this administration makes,” Sen. Chris Murphy, D-Conn., said Tuesday. “It’s got to be in legislation so there’s no way around that.”

Murphy, the top Democrat on the subcommittee that funds the Department of Homeland Security, told MS NOW late Tuesday that he expects his caucus to propose a number of changes to the DHS funding bill. In the meantime, Democrats are pushing to strip DHS funding out of the broader six-bill package in order to keep other agencies operating past the deadline.

Senate Majority Leader John Thune, R-S.D., opposes that approach. While he said he’d listen to Democratic proposals, he wants the six-bill funding package to stay intact.

“If there are things the Democrats want in the Homeland bill that are addressed in the context of this situation, then they ought to make those clear and known, and see to what degree the administration may be able to address that,” Thune told reporters Tuesday. “So I would prefer that there be a way that we keep the package together.”

Any changes to the six-bill, $1.3 trillion funding package would force House lawmakers to return from recess to approve the revised measure. Otherwise, all agencies covered by the package will shut down after midnight on Friday night.

That would affect the Departments of Defense, Labor, Health and Human Services, Education, Transportation, Housing and Urban Development, Treasury and Homeland Security. House leaders have not offered to recall members to vote.

Aside from their proposed policy changes, Senate Democrats are pushing to split the Homeland Security bill off from the other five measures — suggesting they would pass the other five spending bills and continue negotiating on DHS.

“There have to be changes, so split the five bills away from DHS and the Dems will provide the votes to get the five bills passed,” Sen. Tim Kaine, D-Va., said Tuesday. “But if the Republicans won’t do that, it’s because they want to shield DHS from accountability.”

Still, even a successful Senate vote on the five bills, without Homeland Security, would require another vote in the House to send the five-bill package to Trump’s desk. Otherwise, all the agencies under the six bills will face a shutdown on Saturday.

If those agencies do shutter, DHS ironically would be protected from many of the effects of the funding lapse. That’s because of a roughly $178 billion pot of money enacted in the GOP’s reconciliation bill last summer.

Those funds, which are separate from the normal, annual funding process, included $75 billion for ICE. The Defense Department also got a $156 billion stash of money in the tax-and-spending law that it could tap during a shutdown.

But other departments funded by the six-bill package would feel the full effect of a shutdown.

“It’d be a genuine shame for us to lose all of these positive steps we managed to get through a full appropriations process that rejects all the Republican poison pills and that projects a wide range of most pernicious budget cuts,” Sen. Chris Coons, D-Del., a senior appropriator, told MS NOW.

Thune has pointed to that dynamic, urging Democrats to separate the negotiations from funding bills — a set of negotiations that gives Democrats leverage but also risks a shutdown.

“Not only is it complicated, I think it could be risky,” Thune said of seeking changes to the House-passed funding package.

Democratic lawmakers have plenty of proposals for changes at ICE. But they haven’t formed them into a cohesive offer yet.

They want independent investigations of the recent shootings, Sen. Tammy Baldwin, D-Wis., told MS NOW. Sen. Richard Blumenthal, D-Conn., told MS NOW he wants “a ban on arrests in sensitive locations like churches and hospitals.” And Democrats don’t want federal immigration enforcement in cities and states that don’t consent to those actions, Kaine said.

Senators have also already discussed changes like barring immigration officers from wearing masks, requiring them to have warrants for arrests and sending Border Patrol agents back to the border.

Democrats have also discussed restrictions on the ability of officials to use the massive pot of money enacted last summer, separate from the current, annual funding talks, Kaine said.

The killing of 37-year-old intensive care nurse Alex Pretti — following the death of 37-year-old Renee Good — prompted criticism from some Republican lawmakers, who say they’re open to restrictions.

Sen. Thom Tillis, R-N.C., said he could agree to several ideas Democrats have floated, including requirements for agents to wear body cameras and have warrants, and for investigations after shootings.

“If they’re talking about reforms where if you have an officer-involved shooting that you have to have an indie review, count me in,” Tillis told reporters Tuesday.

Tillis also called for Trump to fire Homeland Security Secretary Kristi Noem, saying she’s squandered the public’s faith in the president’s immigration agenda. But he stopped short of calling for the changes to be written into the bill to fund DHS.

Tillis said lawmakers could try to pass a short-term stopgap funding measure for DHS and pass the other five bills, though he acknowledged there could be a short “technical shutdown” if the House doesn’t return in time to pass the altered package before Friday.

But Pretti’s death has also made it harder for Democrats to vote for a bill that includes funds for ICE, even if lawmakers agree to a compromise on policy changes.

For example, Murphy stopped short of saying he would support a Homeland Security funding bill if it includes a compromise set of policy changes.

“Let’s just see what the list is first,” Murphy said. “We’re still trying to run to ground the list of things that we want.”

Kevin Frey and Mychael Schnell contributed reporting.

Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor’s and master’s degrees from Arizona State University.

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The Dictatorship

Democrats to confront Trump budget director Russ Vought about his ‘stone cold silence’

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When White House budget director Russell Vought appears before lawmakers on Wednesday, he will almost certainly face questions about a ballooning Pentagon budgeta special war-funding request and an extended Homeland Security shutdown. But Democrats also plan to press him on an issue closer to the Capitol: why he has spent months dodging their questions altogether.

Vought is set to testify Wednesday before the House Budget Committee and again before the Senate’s budget panel on Thursday. It’s a long-awaited chance for Democrats eager to question him on several fronts — including the cost of the Iran war, cuts to health care spending, a demoralized federal workforce and what the government’s own watchdog has described as the illegal impoundment of federal funds.

Lawmakers also have a growing to-do list that involves Vought, including a war supplemental for President Donald Trump’s military campaign in Iran and a reconciliation bill that would fund immigration enforcement agencies. Congress is also supposed to adopt a budget, though that may slip after the president’s budget was weeks late and omitted any information about projected federal debts and deficits.

But Democrats see Vought as “missing and reclusive,” ignoring their questions for months, the Budget Committee’s top Democrat, Rep. Brendan Boyle of Pennsylvania, told MS NOW. Vought didn’t testify before the committee last year, a break with tradition. And written questions to Vought have been met with “stone cold silence,” Boyle said.

In JanuaryHouse Democrats pressed Vought for answers on the administration’s health care plans, its compliance with congressionally approved funding laws, its attempt to withhold nutrition aid during last year’s government shutdown, and plans for federal layoffs.

“He sent us not one word in response,” Boyle said. “And in doing so, it shows their contempt for the United States Congress, and it shows their contempt for our constitutional system.”

Boyle told MS NOW he plans to introduce legislation to legally require Office of Management and Budget directors to testify before the House Budget Committee, after Vought didn’t do so last year. He also said he aims to require that the OMB director respond to members of the committee.

Democrats didn’t hear back from Vought about testifying to the committee until March, when Boyle displayed a picture of Vought as a missing child on a milk carton. That prompted Vought to respond on X that, “I am coming to testify on April 15. You should get up to speed.”

House Budget Committee Chairman Jodey Arrington, R-Texas, had previously assured reporters that Vought would testify in 2026, but Boyle said Democrats hadn’t gotten confirmation until the milk carton incident.

“That’s what shamed him into it,” Boyle said of Vought.

Sen. Patty Murray, D-Wash., the top Democrat on the Senate Appropriations Committee and a member of the Budget Committee, also said Vought had not been responsive to questions from Democratic members of the Senate, including on the cost of the Iran war. She said she’d press Vought at Thursday’s hearing on whether he would distribute funds appropriated by Congress.

Sen. Tim Kaine, D-Va., said he’d ask Vought questions “around this ‘traumatizing the federal workforce’ stuff,” and whether DOGE wasted money by firing employees who needed to be rehired later. And Sen. Sheldon Whitehouse, D-R.I., said he’d ask Vought “how he’s not a corrupt stooge of the fossil fuel industry.”

Senate Republicans, meanwhile, say they haven’t been pressing Vought hard for answers. For example, the missing debt and deficit data in the budget proposal — which Maya MacGuineas, president of the fiscally conservative Committee for a Responsible Budget called “an astonishing lack of information — hasn’t prompted pushback from conservative lawmakers.

Sen. Rick Scott, R-Fla., said he was unbothered by Vought’s decision to leave out the debt data in the president’s budget request.

“Nobody looks at it anyway,” Scott told MS NOW. “It’s just for you guys to write something.”

Sen. Bernie Moreno, R-Ohio, said he’d ask Vought “to give a great update on the progress that we’ve made” in reducing the deficit. When asked about the missing debt and deficit information, Moreno said he didn’t know about it.

“I haven’t had a chance to see the whole thing, to be honest with you, so I’ve got to see what that’s all about,” Moreno told MS NOW.

In prepared remarks obtained by PunchbowlVought reportedly plans to say that, “when President Trump took office, the nation was facing financial catastrophe under the failed leadership of the Biden Administration and decades of status quo spending strangling our nation.”

But federal spending, according to the Treasury Departmenthas increased under Trump. And the federal deficit is going up. (The federal deficit was $1.8 trillion in fiscal 2025 and is projected to be $1.9 trillion in fiscal 2026according to the Congressional Budget Office.)

Republicans have also been patient with the lack of information about the cost of the Iran war.

Senate Majority Leader John Thune, R-S.D., told reporters Tuesday he still hasn’t seen a request and doesn’t know how much it will cost.

“The only thing I think I’ve seen is what you guys report,” Thune told reporters.

Sen. Ron Johnson, R-Wis., told reporters he’d want to scour the funding request’s details before he decides if he’ll support it.

But when pressed whether the administration had answered his questions on the topic, Johnson made it clear he hadn’t focused on those details yet.

“Haven’t really asked,” he said.

Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor’s and master’s degrees from Arizona State University.

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The Dictatorship

Justice Department moves to erase Jan. 6 convictions of Oath Keepers, Proud Boys’ leaders

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Justice Department moves to erase Jan. 6 convictions of Oath Keepers, Proud Boys’ leaders

The Justice Department requested on Tuesday for a federal appeals court to erase the seditious conspiracy convictions of a group of leaders of the Oath Keepers and Proud Boys — two right-wing extremist groups who were involved in the attack on the Capitol on Jan. 6.

The request asks the U.S. Court of Appeals for the District of Columbia Circuit to vacate the individuals’ convictions, effectively erasing their guilty verdicts, and to dismiss the charges with prejudice. A dismissal with prejudice prevents the government from bringing the cases again.

In January 2025, President Donald Trump had already either pardoned or commuted the prison sentences of most of the roughly 1,500 people charged in connection with the 2021 attack on the Capitol after Trump’s loss to President Joe Biden in 2020. While most of the defendants received pardons, wiping their convictions, Trump only commuted the sentences of 14 high-profile defendants to time served, which upheld their convictions while allowing them to leave prison.

The request by the Justice Department would go a step further and erase all the convictions for the extremist group leaders, including Oath Keepers founder Stewart Rhodeswho didn’t receive pardons last January.

Only 12 of those defendants were referenced in the Justice Department’s request on Tuesday. Rhodes, who was sentenced to 18 yearsin prison, is among those who would benefit.

“The government’s motion to vacate in this case is consistent with its practice of moving the Supreme Court to vacate convictions in cases where the government has decided in its prosecutorial discretion that dismissal of a criminal case is in the interests of justice — motions that the Supreme Court routinely grants,” prosecutors wrote in a court filing signed by U.S. Attorney Jeanine Pirro.

Trump himself faces criminal a series of civil lawsuits related to his incitement of the Jan. 6 attack. A federal judge earlier this month rejected his efforts to end the suits ahead of his trial, which has not yet been scheduled.

The Associated Press contributed to this report.

Erum Salam is a breaking news reporter for MS NOW, with a focus on how global events and foreign policy shape U.S. politics. She previously was a breaking news reporter for The Guardian.

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The Dictatorship

DOJ paid more than $1 million settlement to anti-abortion protester — after a federal judge tossed his suit

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DOJ paid more than $1 million settlement to anti-abortion protester — after a federal judge tossed his suit

The Trump Justice Department paid a $1.1 million settlement to an anti-abortion protester, even after a George W. Bush-appointed judge dismissed the protester’s lawsuit against the government with prejudice, according to a former DOJ prosecutor and the protester’s lawyer.

Two former federal government officials who spoke to MS NOW characterized the settlement paid to Mark Houck, a longtime anti-abortion activist, as the latest example of the Trump DOJ making concessions to previously prosecuted abortion opponents under the guise of protecting their religious freedom.

Houck is a 52-year-old Pennsylvania resident and the founder of The King’s Men, described as a donation-based, anti-pornography and anti-abortion Catholic meeting group for men. He unsuccessfully ran as a Republican in 2024 to represent Pennsylvania’s 1st Congressional district.

Mark Houck stands in front of a group of people.
Mark Houck speaks to a meeting of Republicans on April 17, 2024, in New Hope, Pa. Mike Catalini / AP Photo

Following Houck’s September 2022 arrest for allegedly shoving a 72-year-old clinic escort at a Philadelphia Planned Parenthood — he was later acquitted of those charges at trial — his case became a rallying cry for the GOP and abortion rights opponents, who alleged he was targeted by overzealous prosecutors in Biden’s DOJ for his religious beliefs.

Houck’s case is discussed in a more-than-800-page report the DOJ released on Tuesday that purports to expose “the Biden administration’s weaponization” of the Freedom of Access to Clinic Entrances (FACE) Act, a 1994 law that prohibits obstructing access to reproductive health clinics. The report frames Houck’s case as an example of the Biden DOJ using “aggressive tactics” against an abortion opponent, and says some supervisors did not think the FACE Act was a proper charge for the circumstances. MS NOW first reported on the existence of the DOJ report last week, after reviewing a draft copy.

The report says the government “recently reached a settlement agreement with Houck,” but does not provide further details or specify the amount. The report also does not mention that a federal judge dismissed Houck’s lawsuit against the government and that it was pending appeal at the time of the settlement.

Houck’s lawyer, Edward Greim, told CBS News the DOJ agreed to the $1.1 million settlement in February, prior to the Houcks’ move to withdraw their appeal. Houck declined an interview request from MS NOW and Greim, his lawyer, did not respond to repeated requests for comment.

Abortion opponents celebrated news of the settlement, while two former federal officials characterized it to MS NOW as yet another example of the Trump administration kowtowing to abortion opponents who the Biden administration prosecuted under the FACE Act. The Trump administration has alleged the FACE Act has historically been weaponized against abortion opponents and has pledged to roll back those prosecutions — even as prosecutors employ a lesser-used provision of the law to try to prosecute former BLN journalist Don Lemon and protesters for entering a church in Minneapolis.

A former DOJ prosecutor with knowledge of Houck’s case told MS NOW they see the settlement as “rewarding a MAGA supporter,” and a former federal law enforcement official called it “concerning” given that Houck’s prior lawsuit was dismissed by a federal judge.

Skye Perryman, president and CEO of Democracy Forward, a national legal organization that supports abortion rights, said in a statement provided to MS NOW that Houck’s settlement “should embarrass every person who touched it,” adding that it “represents an abuse of the rule of law.”

In response to questions, a Justice Department spokesperson referred MS NOW to a statement from Acting Attorney General Todd Blanche stating Trump’s DOJ “will not tolerate a two-tiered system of justice.”

“No Department should conduct selective prosecution based on beliefs,” Blanche added. “The weaponization that happened under the Biden Administration will not happen again, as we restore integrity to our prosecutorial system.”

Houck was indicted in September 2022 on charges of violating the FACE Act for allegedly assaulting a volunteer escort at a Planned Parenthood in October 2021. According to the government’s indictment, Houck twice shoved the escort to the ground, including while the escort was accompanying two patients leaving the clinic.

Houck’s attorneys denied the government’s account, alleging the incident occurred outside an anti-abortion pregnancy resource center across the street from a Planned Parenthood, and arguing that the DOJ was engaging in “viewpoint discrimination” by seeking to prosecute Houck for his anti-abortion beliefs. They also argued that the escort — not Houck — was the aggressor, and that Houck only shoved the escort after the escort “approached and verbally confronted” Houck and his 12-year-old son.

Houck was acquitted of the charges at a five-day jury trial in January 2023. Less than a year later, Houck filed a civil lawsuit alleging “a faulty and malicious investigation” and excessive force against the federal government and Pennsylvania state and local police officers, involved in his September 2022 arrest, when armed federal and state police arrested him at his home while his wife and 7 children were present.

Houck and his wife alleged in the lawsuit that the stress of the arrest led to three miscarriages for the couple and, ultimately, an infertility diagnosis, along with emotional distress for their children.

A former federal law enforcement official told MS NOW that Houck’s arrest “was appropriate and done in accordance with FBI procedures.”

Last March, Judge Paul Diamond of the Eastern District of Pennsylvania ordered Houck’s suit dismissed with prejudice — meaning it cannot be refiled — alleging he had failed to state a plausible claim.

Diamond wrote in his 20-page order that Houck’s complaint “generates considerably more heat than light,” adding that his “indignation is not a substitute for plausibility, however.”

Houck subsequently filed a notice of appeal, before moving to withdraw it in February, records show.

The ex-DOJ prosecutor, who handled multiple FACE Act cases, told MS NOW they believe the account of Houck’s case included in the newly-released “weaponization” report “was not representative of the government, it was representative of the defense.” The source added that the prosecutors involved in Houck’s case were not consulted as the report was prepared, and that at least 1 of the 3 prosecutors received an order from Blanche earlier this year to hand over records related to the case. The former DOJ prosecutor said that request seemed “out of the ordinary, because the civil case had been dismissed.”

“I couldn’t believe this was still being batted around,” they added.

The source also said Sanjay Patel — who prosecuted many FACE Act cases against people later pardoned by President Donald Trump — was told as he was being escorted from the building last month to be placed on administrative leave that he was the reason Houck received the settlement.

Patel was one of four prosecutors fired on Monday in preparation of the release of the “weaponization report,” MS NOW reported. He has not responded to repeated requests for comment from MS NOW.

The ex-DOJ prosecutor told MS NOW they disagree with the allegations included in the “weaponization” report that Houck, and other abortion opponents, were targeted due to their beliefs. The prosecutor added that they are Catholic, and that their own beliefs “never factored into my prosecutorial activities.”

“In any case that I’ve handled,” the source said, “I evaluate the facts of the case based on the law.”

Carol Leonnig contributed to this reporting

Julianne McShane is a breaking news reporter for MS NOW who also covers the politics of abortion and reproductive rights. You can send her tips from a non-work device on Signal at jmcshane.19 or follow her on X or Bluesky.

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