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Congress

No quick end to shutdown in sight on Capitol Hill

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Washington is waking up to its first government shutdown in nearly seven years. How many more days that will be the case, no one knows.

With President Donald Trump and congressional leaders not actively negotiating, there’s no sign the shutdown will be over before the end of the day. And with Congress dormant for Thursday’s Yom Kippur holiday, that all but ensures it will go until at least Friday if not far beyond.

Instead, Congress is poised to enact a reprise performance Wednesday: The Senate will vote on, and likely reject, dueling stopgap proposals for a third time, while House Democrats hold another closed-door meeting and House Republicans do not plan to return to the Capitol until next week at the earliest.

Leaders of both parties are digging in for a lengthy battle — ramping up the blame game and putting the onus on their political opponents to blink if they are going to quickly find a way to reopen shuttered agencies.

“It’s in their court to solve it — it’s their shutdown,” Senate Minority Leader Chuck Schumer said of Republicans Tuesday.

“We are not going to be held hostage,” Senate Majority Leader John Thune said. “There isn’t anything here to negotiate.”

Fueling the stalemate are perverse political incentives. Both parties believe the other will face a bigger voter backlash over the shutdown. Democrats are banking on Republicans shouldering the blame because they control the levers of power in Washington.

Under pressure from their base to show they are fighting Trump, they spent months honing a strategy to make health care, including extending insurance subsidies set to lapse at the end of the year, the centerpiece of their message going into this shutdown and next year’s midterm elections.

But Republicans are warning that if Democrats are banking on them quickly caving, they will be waiting — and agencies will be hamstrung — for quite some time. GOP leaders are set to hold a morning news conference outside the Capitol Wednesday to hammer Democrats and reiterate that there is one path out of the shutdown: a House-passed seven-week funding punt.

Asked if he was ruling out any talks on Democrats’ health care demands, Thune said, “The negotiation happens when the government opens.”

The trench warfare has lawmakers openly questioning whether they can find a way out of the showdown anytime soon. The atmosphere in the Capitol has darkened from just 48 hours ago when senators and aides were holding out faint hope that an Oval Office meeting between Trump and Democratic leaders would help shake loose some progress toward a deal.

Instead, the meeting produced no outward progress, and Trump has since poisoned the well by posting inflammatory deepfake videos depicting Schumer and House Minority Leader Hakeem Jeffries.

Sen. Kevin Cramer (R-N.D.) said he hoped a shutdown would be “short” as he cast doubt on Schumer’s ability to hold Senate Democrats together indefinitely.

“I don’t believe that 47 Democratic senators are going to want to walk the plank,” he said.

Republicans got a boost Tuesday night when Sens. Angus King (I-Maine) and Catherine Cortez Masto (D-Nev.) joined Sen. John Fetterman (D-Pa.) to vote for the GOP-led House bill. Republicans are hoping they will be able to peel off five more Democrats as the shutdown continues, with Sen. Jeanne Shaheen (D-N.H.) among the senators they’re watching closely.

King critiqued the push from some corners of the Democratic base to use the shutdown battle to fight Trump, saying in a video explaining his vote that the “irony, the paradox, is by shutting the government, we’re actually giving Donald Trump more power.”

Thune left the door open for talks with Schumer after Tuesday’s votes, noting that the New York Democrat knows how to get a hold of him. But any conversations would happen against a backdrop of mounting political pressure.

Republicans will force a vote again Wednesday on their funding bill and plan to keep calling up the bill almost daily — including through this coming weekend — to try to squeeze the opposition. Speaker Mike Johnson and fellow House GOP leaders, meanwhile, are still mulling how to extract maximum pain from Democrats, including debating whether they’ll return next week as previously advised, according to two people granted anonymity to describe private deliberations.

Top Republicans, the people said, are wary of bringing the House back without a legislative fix to vote on and are also discussing what votes they could potentially force Democrats to take to inflict more political pain.

Senate Democrats have also been privately debating what steps they can take during a shutdown to try to keep pressure on Republicans and potentially create an off-ramp, according to two other people granted anonymity to disclose internal discussions.

Schumer remained unbowed after Tuesday night’s vote, saying “Republicans have failed to get enough votes to avoid a shutdown. They’ve got to sit down and negotiate with Democrats.”

But pressed on whether he could guarantee his caucus would stick together against the GOP bill, Schumer was less than definite: “The bottom line is, our guarantee is to the American people that we are going to fight as hard as we can for their health care,” he said.

While leadership-level relations stay chilly, rank-and-file Republicans and Democrats have engaged in quiet talks about possible paths out of the shutdown. Sen. Susan Collins (R-Maine) said it might be time to bring back the “talking stick,” an object passed around in bipartisan meetings of senators who helped end a brief shutdown in early 2018.

“I still have it,” a smiling Collins said.

Cortez Masto told reporters after her vote on Tuesday night that she’s “open to working with my colleagues across the aisle to extend the credits if that helps open the government again.”

Part of the discussions include potential reassurances on the Affordable Care Act credits that are key for Democrats. Other Republican senators are floating trial balloon olive branches to their Democratic colleagues.

Those talks, so far, haven’t reached critical mass. And some Republicans who support extending the credits worry the shutdown will make an eventual deal more complicated.

“This will put that on ice for a while,” said Sen. Josh Hawley of Missouri, one of the Republicans who favors an extension. “I think the length of the shutdown will affect that. … Once you go off the cliff it’s hard to come back.”

Meredith Lee Hill and Calen Razor contributed to this report.

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Congress

The House Ethics Committee wants to do better

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Three lawmakers accused of serious ethical lapses have been forced to resign in just over a week, prompting even members of the House Ethics Committee to question whether the panel is up to the task of policing its own.

The committee is at a moment of reckoning as it seeks to prove itself ready, willing and able to root out bad behavior in its ranks. It’s spent the past year and a half rebuilding its reputation after internal disagreements about how to handle an ethics report over ex-Rep. Matt Gaetz spilled into the public and threatened the bipartisan panel’s credibility.

Now, amid the high-profile resignations of Rep. Eric Swalwell (D-Calif.), Tony Gonzales (R-Texas) and Sheila Cherfilus-McCormick (D-Fla.), members who sit on the highly secretive committee are opening up — eager to share their perspectives, acknowledge their limitations and defend their work.

“The reality is we are still too slow, and I believe that we should be moving faster. I’ve expressed some of my recommendations on how we can do that to staff,” said Rep. Suhas Subramanyam (D-Va.), who joined the Ethics Committee this Congress, in an interview. “I want people to take the Ethics Committee more seriously.”

In extended interviews Monday and Tuesday, Ethics Chair Michael Guest (R-Miss.) said his panel is hamstrung by the House’s institutional bureaucracy.

“I’ve been asked, you know, could the Ethics Committee, if there were additional resources provided to the committee, would that help us move cases through quickly? And of course, the answer to that is yes,” Guest said. “But you know, it has to be up to leadership. It has to be up to the Speaker and the Minority Leader as to the size of the staff that they would like to see the Ethics Committee command.”

Their comments come amid questions around how Gonzales and Swalwell were able to serve in office for so long unchecked: Both were accused of engaging in sexual misconduct with former staffers, with Swalwell accused of rape. Each stepped down before the Ethics Committee ever had a chance to render findings of fault and enact punishments.

Cherfilus-McCormick also resigned moments before the Ethics Committee was due to meet Tuesday afternoon to consider a punishment for a determination that she illicitly funneled millions to support her campaign, which could have culminated in a recommendation of expulsion.

Now attention is turning to Rep. Cory Mills (R-Fla.), who stands accused of numerous violations, including illicitly engaging in government contracts while in federal office and threatening to release a former girlfriend’s nude videos. He has maintained he has no plans to resign as his case before the Ethics Committee has languished without resolution.

In November, the House Ethics panel quietly requested the Office of Congressional Conduct — the quasi-independent office that fields and investigates complaints against members and staff from the public — to drop its probe into Mills, according to a person with knowledge of the ethics process who was granted anonymity to describe the confidential process. That message was transmitted to the OCC the same day the House voted to effectively table a resolution offered by Rep. Nancy Mace (R-S.C.) to censure Mills for various alleged improprieties.

The OCC was established in 2008 by then-Speaker Nancy Pelosi (D-Calif.), and proponents say it provides a necessary, largely independent set of eyes — including on ongoing investigations. Critics view the OCC as an untrustworthy political group; it sat defanged for months this Congress before Speaker Mike Johnson brought a perfunctory measure to the House floor that set up its ability to launch investigations by appointing its board.

Guest declined to discuss details of the Mills case but did not deny that such a request had been made, saying it was standard practice for Ethics to take the reins on a probe from OCC “once an investigative subcommittee is established.”

He conceded the Ethics Committee at times may operate slower than some would like, but its process was deliberate and thorough. “If members want this to be a rush committee where we have two weeks to come up with a report and return that report back to the body, then I’m not the right person to be serving in that room.”

He did say he hoped to discuss with Johnson how to improve the panel’s operations. One continued challenge for members is the loss of jurisdiction once a lawmaker resigns from Congress, which has historically meant the committee stops its investigation and does not release a report of its findings. Guest proposed a new policy where a report could be made public upon a lawmaker’s resignation, meaning bad actors could not always leave office in order to hide from revelations about their misdeeds.

Rep. Mark DeSaulnier of California, the top Democrat on the Ethics Committee, said the committee could better handle cases of sexual misconduct and has spoken to Democratic leadership about modernizing the panel.

“I think on sexual harassment, [the] thing that occurs to me is that there should be one place to go that’s clear to report, that has enough staff, and they’re been very well trained in the subject area, so that people feel like there’s a place they can go and be safe, protected,” he said. “And then there’s a due process that responds in a way that is deliberative, but under the urgency of circumstances.”

This is an area where the Ethics Committee has, in recent weeks, found itself struggling to respond to public pressure. When the House was poised in March to vote on a measure brought by Mace that would have compelled the committee to make information on sexual harassment claims public, Guest and DeSaulnier said in a statement it would have a chilling effect for victims. The resolution was ultimately tabled.

On Monday, the panel released a statement reaffirming its commitment to taking allegations of sexual misconduct seriously — and a list of publicly disclosed sexual misconduct investigations dating back to 1976. Many of those cases were closed without resolution because the member under scrutiny resigned from office before the committee could conclude the case.

One lawmaker who has served on the Ethics Committee, who requested anonymity to describe the panel’s private operations, argued that disclosure of sexual misconduct cases can harm potential victims who may not want their cases brought before the panel in the first place.

This explanation is largely falling on deaf ears from members who want more transparency and accountability, though, with Rep. Anna Paulina Luna (R-Fla.) calling the Monday release of previously disclosed sexual misconduct allegations against House members an inadequate “cleanup job.”

Rep. Glenn Ivey (D-Md.), a member of the Ethics Committee and a former federal prosecutor, suggested that improving the panel’s internal systems for handling sexual harassment claims might be a lost cause.

“I think the ugly truth is there’s no process that handles this well that I’ve seen, whether it’s state courts, federal courts, internal corporate investigations, Congress or the Senate,” he said.

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Congress

Senate launches budget debate

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Senate Republicans opened debate Tuesday on a fiscal blueprint meant to pave the way for passage of a party-line immigration enforcement funding bill later this year.

The Senate voted 52-46 to advance the budget resolution, which Budget Chair Lindsey Graham (R-S.C.) unveiled earlier Tuesday. It instructs House and Senate committees to write legislation expected to deliver about $70 billion to Immigration and Customs Enforcement and other agencies.

The Senate is expected to give the measure final approval this week before leaving town. The chamber could move to a marathon voting session, known as a vote-a-rama, as soon as Wednesday, though plenty of Republicans are betting that it won’t start until Thursday.

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Congress

Cherfilus-McCormick resigns amid ethics investigation

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Rep. Sheila Cherfilus-McCormick (D-Fla.) has resigned in the face of corruption charges at home and calls for her ouster in Washington, she announced in a statement on Tuesday.

News broke minutes before the House Ethics Committee was about to meet for a public hearing Tuesday afternoon to determine a punishment for the third-term Democrat, who was charged with stealing $5 million in Covid relief funds.

Cherfilus-McCormick said in a statement the Ethics proceedings did not constitute a “fair process” and that she was “choos[ing] to step aside” rather than “play these political games.”

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