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One month later, the DHS shutdown shows no signs of ending

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Top Democrats and White House officials are nowhere near close to a breakthrough in negotiations to end the Homeland Security shutdown as the funding lapse is due to hit its one-month mark Saturday and real pain begins.

It’s been more than two weeks since the White House laid out its latest proposal for restoring full Department of Homeland Security operations alongside changes to the Trump administration’s immigration enforcement tactics, and Democrats have yet to send a formal counteroffer in the negotiations spurred by the fatal shootings by federal agents in January of two U.S. citizens in Minnesota.

TSA screeners are now missing their first full paychecks of the shutdown, which could lead to more agents skipping work or quitting — and exacerbate already-lengthy wait times at airport security checkpoints throughout the country. Republicans think this could be the breaking point where Democrats relent.

“I’m hopeful that as you see these problems at the airports, that the public will start talking to Democrats,” said Sen. John Hoeven (R-N.D.).

But Democrats have a legislative rebuttal: Bills that would fully fund TSA and other parts of DHS that are casualties of the larger immigration standoff. Republicans have repeatedly objected over the last two weeks when Democrats asked for votes on those bills on the Senate floor.

“Who’s standing in the way? America, look at it,” Senate Minority Leader Chuck Schumer said in a floor speech Thursday. “We’re not putting any preconditions on funding TSA; the Republicans are.”

The Trump administration remains in “frequent” communication with senior Democratic lawmakers, according to one senior White House official granted anonymity to discuss private conversations. Another White House official said the president’s team “remains interested in continuing conversations with Democrats about ways to end this shutdown” but that “Democrats, regrettably, have chosen to punish the American people.”

Yet since the DHS shutdown began Feb. 14, Democrats on Capitol Hill say the administration has been unwilling to make any significant changes to its immigration enforcement tactics, while Republicans insist that the White House has in fact offered Democrats a deal they would be foolish not to take. Amid finger-pointing and deep distrust, there’s no sign the impasse will anytime soon.

On both sides, negotiators have been careful not to divulge the details of the offers each party is representing very differently. Senate Appropriations Chair Susan Collins (R-Maine) said in an interview this week that she “would like to see the Democrats actually read what the White House sent. It is an eminently reasonable proposal.”

The Senate’s top Democratic appropriator, Washington Sen. Patty Murray, suggested Thursday this wasn’t the case. She also said that while people outside the negotiations are “guessing” at the contents of the recent White House framework, ultimately “words matter.”

“You can have money for body cameras, but not require them — two very different things,” she said of GOP claims about what has been proposed. “I don’t want to characterize anything.”

Democrats are demanding new policies that would prohibit federal immigration agents from wearing masks, require officers to display identification and ensure that agents would be barred from detaining people in certain places, such as churches and schools. Democrats also aren’t budging on the demand that ICE obtain judicial warrants for making arrests.

Growing impatient as the shutdown stretches on, several Republican senators have tried to start up negotiations with their Democratic counterparts, despite GOP leaders initially deferring to the White House to handle dealmaking with the minority party.

Democrats have largely rebuffed those entreaties, however, arguing such talks could result in giving ground to congressional Republicans only to then see the White House renege on commitments. Democrats are especially worried about being railroaded by Stephen Miller, White House deputy chief of staff for policy and the architect of President Donald Trump’s hard-line immigration agenda.

“Things go back to the White House, and Stephen Miller, who’s an extremist, says ‘no,’” Sen. Jeanne Shaheen (D-N.H.) said in an interview.

Shaheen and other lawmakers have suggested it could be helpful for the White House to deputize a lead negotiator — but not Miller.

“Stephen Miller has a view that is outside of the American mainstream, and so it’s gonna be hard,” said Sen. Brian Schatz (D-Hawaii) in an interview. “If Susie Wiles were in charge of the discussion, that would be a different conversation.”

Wiles, who has served as White House chief of staff for more than a year, is involved in the talks, according to one senior White House official. But that official said talks toward a DHS funding deal are also led by Trump himself and a team headed by James Blair, White House deputy chief of staff for legislative, political and public affairs.

“There’s no blueprint to this,” the official said of the ongoing talks. “There’s multiple people working on it.”

In the days following the U.S.-Israel strikes on Iran, Republicans cited an increased risk of terrorist attacks in calling on Democrats to vote for restoring full DHS operations. But the argument did not shake loose any additional Democratic support, including on Thursday when Senate Majority Leader John Thune forced a procedural vote on the House-passed DHS funding bill.

A more tangible pressure point than a theoretical attack on U.S. soil could be further disruption to civilian air travel. The longer a shutdown goes on, the more disgruntled TSA agents will become, since they are forced to work without pay. TSA divulged this week that about 300 security screeners have quit since funding lapsed last month — and the workforce is poised to miss a full paycheck for the first time this shutdown.

In Denver, airport officials asked the public this week to donate $10 and $20 gift cards to help TSA agents pay for groceries and gas.

“When the pain goes from the poor TSA agents — who deserve to be paid, and whose families deserve to have them paid — when that pain gets translated to travelers, it gets worse,” Sen. Kevin Cramer (R-N.D.) said in an interview. “And that’s what we sure hope we can avoid in the next few days or week or two.”

While security lines grow longer at U.S. airports, news coverage of ICE and CBP agents detaining people in the interior of the country has declined.

“The further and further that we get away from January and the events that occurred in January, then the less and less leverage Democrats are going to have — and the more you may have issues at airports,” said a person close to the White House. “That’s going to put pressure on Democrats.”

At the same time, the Trump administration has stemmed the impact of the shutdown on most of the DHS workforce by bankrolling paychecks with money from the party-line tax and spending package Republicans enacted last summer. That includes pay for law enforcement officers at the Secret Service and active duty members of the Coast Guard.

DHS can also sustain work at ICE and CBP with the more than $100 billion Republicans delivered for those agencies within the party-line legislation last year.

“Democrats aren’t even shutting down what they have a problem with,” said another person close to the White House. “For the defenders of government workers and minorities, I think it’s wild that Democrats are withholding paychecks from TSA.”

Furthermore, Trump administration officials contend that the law does not allow funding from the GOP megabill to be used for TSA paychecks.

“Only way to get TSA paid is for Democrats to vote to reopen the government and not hold this key funding hostage,” said a senior administration official not authorized to speak publicly about interpretation of the law.

Stewart Verdery, who served as a DHS assistant secretary under former President George W. Bush, said he would be surprised if the Trump administration tried to find a way to pay TSA agents as the lapse drags on.

“TSA agents not getting paid is a very visible signal of the situation Democrats are creating,” Verdery said. “And I’m not sure why you’d want to solve it yourself.”

Beyond the Trump administration, congressional Republicans have also been unwilling to alleviate that pressure point by funding TSA and other DHS operations while leaving ICE and Customs and Border Protection hanging. Increasingly, Democrats are continuing to showcase that GOP resistance.

“If we can’t move forward funding the entire department, sitting down and negotiating in good faith — which you’ve had plenty of time to do already — we should be able to come together to pay the hardworking staff of one of its most essential components: TSA,” Sen. Jacky Rosen (D-Nev.) said on the floor this week.

“Talk is easy,” she continued, questioning whether GOP senators would “back up what they say with their vote.” Republicans objected.

Eli Stokols contributed to this report. 

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Congress

GOP unity cracks with latest Iran war vote

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GOP unity over the Iran war started to crack Thursday when Sen. Susan Collins of Maine voted with Democrats to halt the conflict, marking the first time a Republican has changed their vote on the military campaign in the Middle East.

While the vote failed, the shift signaled President Donald Trump could soon face far more resistance over the conflict. That’s especially true as he blows past a legal deadline this week for the U.S. to exit the war without congressional authorization.

Just two Republicans — Collins and Sen. Rand Paul of Kentucky — joined Democrats to support curtailing Trump in a 47-50 vote. Unlike Collins, Paul has supported all attempts to rein in the war. Sen. John Fetterman of Pennsylvania continued to be the lone Democrat to oppose the effort.

The measure is the sixth resolution the Senate has rejected since the conflict began in February.

The military campaign against Tehran will hit a 60-day deadline Friday that requires the administration to halt U.S. involvement unless Congress authorizes continued military action. Trump does not seem eager to end the military campaign unilaterally, and no legislation exists yet to green-light its continuation, meaning the war is certain to break the threshold.

Democrats have been counting on that deadline to sway Republicans, several of whom have said they’ll be hard pressed to continue their support beyond the deadline.

“Time’s up,” Minority Leader Chuck Schumer said on the Senate floor. “Republicans, stop sitting out, start speaking up.”

The War Powers Resolution of 1973 limits U.S. involvement in hostilities to 60 days after the president has notified Congress, which the Trump administration provided March 2. The White House can extend military operations for another 30 days in order to wind down U.S. involvement.

Collins flipped her vote a day ahead of the administration’s legal deadline, which she signaled would be a turning point for her. The move by Collins, who chairs the Senate Appropriations Committee, also reflects her tough reelection bid as Democrats count on unseating her to win the majority. The war is largely unpopular, and her challenger, Graham Platner, is running on an anti-war platform.

“I have said from the very beginning that the law is definitive that at 60 days, Congress has to either authorize or block the military hostilities,” Collins said ahead of the vote. “I’ve been pretty clear what I was going to do at that point.”

Collins gave a preview of her vote Tuesday, when she joined with Democrats on a separate measure to block potential military action against Cuba. That measure was also defeated by Republicans.

Other GOP senators who indicated the 60-day mark would be problematic for them held off joining with Democrats on Thursday. One such Republican, Sen. John Curtis of Utah, said in a statement that he was “engaged in thoughtful discussion” on the path forward. But he also warned: “I will not support continued funding for the use of force without Congress weighing in.”

A White House official, granted anonymity to describe the dynamics of the 60-day deadline ahead of the vote, said the administration “is in active conversations with Blue Light News on this topic.”

Defense Secretary Pete Hegseth, though, suggested to senators on Thursday that the ceasefire would effectively negate the 60-day clock. War powers advocates contend that’s not how the statute works and note the U.S. military is still blockading Iranian ports.

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Senate approves FISA punt

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Senators approved a 45-day extension of a key surveillance program by voice vote Thursday, just hours before it is set to lapse.

The extension will give Congress until mid-June to work out a deal on a long-term reauthorization of Section 702 of the Foreign Intelligence Surveillance Act, which targets foreigners abroad but can sweep in communications involving Americans.

The House is set to hold a vote Thursday afternoon to pass the extension and send it to President Donald Trump ahead of the deadline.

The Senate’s decision to do a short-term extension came after the House passed a three-year bill Wednesday but packaged it with a controversial digital currency provision that made it “dead on arrival,” according to Senate Majority Leader John Thune.

The Senate has been working on its own three-year extension, and supporters of the surveillance program say more time is needed to finalize a longer deal. “This will allow additional time to do that,” Thune said Thursday on the Senate floor.

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Maxwell’s former boyfriend testifies in House Epstein probe

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Members of the House Oversight and Government Reform Committee said they left an interview Thursday with Ted Waitt, Ghislaine Maxwell’s former boyfriend, largely empty handed after an hourslong grilling as part of the panel’s ongoing Jeffrey Epstein investigation.

The committee was interested in what Waitt knew about Epstein’s crimes during his relationship with Maxwell, a former British socialite who is now serving 20-years in prison for her part in Epstein’s sex trafficking scheme. Waitt amassed his wealth founding the computer company Gateway and has become a philanthropist supporting ocean conservation. He has not been accused of wrongdoing in connection with the late convicted sex offender.

“Epstein was committing some of his crimes while Waitt and Maxwell were in a romantic relationship, so [we] want to understand what if anything he knew about that,” said Rep. James Walkinshaw (D-Va.), a member of the Oversight panel, before entering the interview room Thursday morning, adding, “I find it very hard to believe that they had no knowledge or indication of it.”

But the interview did not appear to be fruitful. Partway through the interview, Rep. Suhas Subramanyam (D-Va.) claimed that the committee had learned nothing new.

“I’m interested to see what the Republicans want to know from this,” Subramanyam told reporters. “Maybe it was to connect [President Bill] Clinton to Jeffrey Epstein and Ghislaine Maxwell a little more, because [Waitt] came up in the Clinton deposition.”

Waitt, whose communications with Maxwell appear in the Epstein files released by the Justice Department, also happens to be a friend of the former president and his wife, former Secretary of State Hillary Clinton. He brought Maxwell as a plus-one to the wedding of their daughter, Chelsea Clinton, in 2010 and she appears in at least one photo taken during the ceremony.

Hillary Clinton said she did not recall speaking with Maxwell at the wedding during her deposition before the committee in February.

A GOP committee spokesperson countered the claim that the interview was ineffective in producing new information, saying in a statement that Democrats “made today’s interview as they always do all about President [Donald] Trump, and Ted Waitt had no information about him.”

“In fact, he said Maxwell never brought Trump up,” the spokesperson continued. “Unlike Democrats, Republicans asked substantive questions and gained new information. We will have follow up actions soon.”

During the interview, Democrats only asked about Trump once, according to a person familiar with the questioning who was granted anonymity to describe the closed-door conversation.

Rep. Nancy Mace (R-S.C.) said Waitt could not recall the answers to many of the panel’s questions.

In her interview with then-deputy attorney general Todd Blanche in July, Maxwell said she began dating Waitt around 2003 after her relationship with Epstein and stayed with him until around 2010. She met him at a dinner with Bill Clinton in Hong Kong, she told Blanche.

Maxwell also maintained that her former paramour was the subject of blackmail because of her association with Epstein. She stated that Waitt “was asked for $10 million to keep me out of any of Epstein’s civil suits” in 2009, when the convicted sex offender was in litigation.

“He had everything. He was way, way more wealthy than Epstein, if anyone cares,” Maxwell said last July, of her former boyfriend.

A lawyer for Waitt did not return a request for comment.

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