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Congress

Johnson refuses to swear in Grijalva, brushes aside Democrats’ legal threat — for now

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Speaker Mike Johnson is brushing off escalating threats of legal action from Democrats if Rep.-elect Adelita Grijalva is not sworn in during Friday afternoon’s House pro forma session.

“It’s a publicity stunt by a Democrat Attorney General in Arizona who sees a national moment and wants to call me out,” Johnson told reporters Friday of the state’s AG, Kris Mayes. “She has nothing whatsoever to do with what’s happening in Congress.”

Mayes has threatened litigation against Johnson for delaying the swearing in of Grijalva, the Democrat who won the special election more than three weeks ago to succeed her late father, Raúl Grijalva.

House Minority Leader Hakeem Jeffries and his members are backing Mayes up, telling reporters at a press conference Friday morning that “all options are on the table” for seating Grijalva. “As the Arizona Attorney General has made clear, expect swift and decisive legal action” if the swearing-in does not take place Friday afternoon, Jeffries added.

Democrats are expected to make another push to have her officially seated during the perfunctory pro forma session in the coming hours, though Republicans are likely to block the move as they have during previous attempts.

“I thought Hakeem was a better attorney than that,” Johnson fired back during his own news conference. The speaker reiterated he plans to swear in Grijalva once the House returns from its extended recess to resume conducting legislative business — but Johnson has said that will only happen once Senate Democrats agree to support House-passed legislation to end the ongoing government shutdown.

The House took its last floor vote nearly a month ago.

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Congress

Cruz blocks Senate Democrats’ bid to pass AI safety bill

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A Democratic trio attempted to pass an artificial intelligence bill via a unanimous consent request on Tuesday but were blocked on the Senate floor.

Sens. Mark Warner (D-Va.), Brian Schatz (D-Hawaii) and Andy Kim (D-N.J.) sought to pass their Artificial Intelligence Risk Management and Security Act using the procedural mechanism, which allows expedited consideration of legislation but fails if one senator opposes it.

“The whole world has recognized that we’ve got to do something,” Warner said in a speech on the floor. “We should not miss the moment to put a safety protocol in place now.”

Sen. Ted Cruz (R-Texas) objected to the bill, preventing any chance of passage.

“Congress must not legislate on the issue of artificial intelligence hastily or in a closed manner,” he said on the floor, adding that it gave some in the government too much power to dictate the technology that could be permitted to be released.

As some lawmakers grow concerned over dire warnings from AI labs’ top executives about the technology’s risk to humanity, Congress’ attempts to legislate AI guardrails have largely stalled.

In the past few weeks, two other AI-related bills, the Ratepayer Protection Act and AI Emergency Button Act, were also nixed in an attempt to pass them unanimously.

Warner, Schatz and Kim’s new bill would have established a new safety board within the Commerce Department to vet models before they are deployed and set safety standards for the industry. It would also have created a reporting process for safety and security incidents.

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Congress

Darline Graham rips Jack Smith for obtaining her late brother’s phone records

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Sen. Darline Graham sought to take up her brother’s mantle Tuesday, going after former special counsel Jack Smith for obtaining the late-Sen. Lindsey Graham’s phone data.

“You should be ashamed of yourself,” the South Carolina Republican told Smith as he testified before the Senate Judiciary Committee, adding that the anguish the prosecutor caused her brother “makes me sick.”

Lindsey Graham, until his unexpected death in July, was among the most vocal in his outrage over revelations that Smith secretly collected electronic data from GOP lawmakers as part of the Biden-era investigation into President Donald Trump’s efforts to overturn the 2020 election.

The late senator was also unapologetic in his support for a provision tucked into a government funding package, which was later repealed, allowing senators to sue the federal government for $500,000 or more if they discover their electronic records were seized without notification — language specifically designed to compensate Smith’s targets.

But Smith replied that Lindsey Graham was not a target of his investigation and was not suspected of wrongdoing — in fact, he considered Darline Graham’s brother “a patriotic public servant” who likely would have been a “witness” in his case against Trump for attempted election subversion.

“Your brother investigated the claims that Donald Trump was making,” Smith told Darline Graham. “He found them to be false.”

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Federal watchdog says Trump’s $810M funding cancellation is unconstitutional

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The federal government’s internal watchdog told Congress Tuesday that it has concluded President Donald Trump acted unlawfully in unilaterally canceling $810 million in federal funding.

In a letter to congressional leaders obtained by Blue Light News, the Government Accountability Office’s top lawyer panned Trump’s declaration Friday that he is nixing money Congress appropriated through a controversial budget maneuver called a “pocket rescission.”

“The Constitution vests in Congress the power of the purse,” GAO General Counsel Edda Emmanuelli Perez wrote,

adding that “Congress did not cede this important power” by enacting the 1970s impoundment law intended to stop presidents from withholding money Congress approves.

“Any withholding of appropriated funds beyond their date of expiration, regardless of size, subverts both the constitutional process for enacting federal law and Congress’s constitutional power of the purse,” Perez added. “The President may not force the expiration of budget authority Congress has already enacted and did not rescind.”

It is unclear what practical effect, if any, the letter will have on the interbranch funding fight. Outside groups sued the administration last year over a prior pocket rescission, but the Supreme Court issued a preliminary ruling that they did not have standing to challenge the matter. The Trump administration has argued that only the head of the GAO is able to sue under the 52-year-old law governing rescissions.

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