Congress
Republicans are in disarray 1 week into the shutdown
One week into the government shutdown, top Republican leaders appear to have lost the plot.
President Donald Trump, Speaker Mike Johnson and Senate Majority Leader John Thune are straining to project a united front against Democrats, just barely concealing tensions over strategy that have snowballed behind the scenes since agencies closed last week.
In one stark example, Trump scrambled the congressional leaders’ messaging Monday when he told reporters in the Oval Office he would “like to see a deal made for great health care” and that he was “talking to Democrats about it.”
Within hours, Trump walked it back: “I am happy to work with the Democrats on their Failed Healthcare Policies, or anything else, but first they must allow our Government to re-open,” he wrote on Truth Social hours after his initial comments.
Johnson said Tuesday he “spoke with the president at length yesterday” about the need to reopen agencies first, while Thune told reporters there have been “ongoing conversations” about strategy between the top Republicans.
A White House official granted anonymity to speak about the circumstances behind the president’s statements said the Truth post was “issued to make clear that the [administration] position has not changed” and was not done at the behest of the two leaders.
But tensions surfaced again Tuesday after a White House budget office memo raised questions about a federal law guaranteeing back pay for furloughed federal workers — one that Johnson and Thune both voted for in 2019.
These episodes are among many where the White House and Hill Republicans have been crosswise on strategy and seemingly not communicating in advance about their key moves. Many of those instances have concerned hardball tactics coming from White House budget director Russ Vought seemingly aimed at cornering Democrats by threatening blue-state spending and the federal workforce.
Not only have those moves so far failed to move Democrats off their positions, they have left Johnson and Thune flat-footed as they confront questions about the GOP strategy for ending the shutdown.
The two leaders, for instance, both struggled to square their own support for federal workers with the administration’s new position questioning back pay for furloughed employees. Thune sought to return focus to Democrats while also indicating frustration with the White House.
“All you have to do to prevent any federal employee from not getting paid is to open up the government,” Thune told reporters Tuesday. “I don’t know what statute they are using. My understanding is, yes, that they would get paid. I’ll find out. I haven’t heard this up until now. But again it’s a very straightforward proposition, and you guys keep chasing that narrative that they’ve got going down at the White House and up here with the Democrats.”
Johnson separately said he supported back pay and praised the “extraordinary Americans who serve the federal government.”
“They serve valiantly, and they work hard, and they serve in these various agencies, doing really important work,” he said. “I tell you, the president believes that as well.”
Barely two hours later, Trump sent a different message: “I would say it depends who we’re talking about,” he told reporters when asked about guaranteeing back pay. “For the most part, we’re going to take care of our people, but for some people they don’t deserve to be taken care of.”
White House spokesperson Abigail Jackson said in a statement that Trump and congressional Republicans “are all in complete lockstep and have been consistent” in saying the government must reopen before health care or any policy issues can be discussed.
“The Administration will not negotiate while the American people are being held hostage by Democrats,” she added.
As far as congressional Republicans are concerned, the politics of government shutdowns is straightforward: Isolate the Senate Democrats who are blocking a House-passed bill to reopen the government and make them own the consequences of having agencies shuttered.
“If you’re Republicans, you have to get Dems to blink first,” said a person close to the White House who was granted anonymity to describe strategic conversations.
But Trump and Vought have not followed that strategy, seemingly preoccupied with punishing their political enemies and executing an ideological agenda targeting the federal workforce and programs.
Most of the strategic tensions have pitted Johnson and Thune against the White House — but not all.
The two congressional leaders appeared together at a news conference Tuesday where they were pressed on the possibility of standalone legislation guaranteeing pay for military members or air traffic controllers.
“I’m certainly open to that,” Johnson said, before Thune — seemingly wary of taking pressure off Democrats — poured cold water on the idea.
“You don’t need that,” he interjected. “The simplest way to end it is not try to exempt this group or that group or that group. It’s to get the government open.”
In contrast to the GOP divisions, Democrats have been largely successful so far in their effort to focus attention on health care — in particular, on Affordable Care Act insurance subsidies that expire at the end of the year. They are pushing Republicans to engage now while Johnson and Thune insist the problem can be dealt with later, after the government reopens.
And they have noticed the disarray on the other side of the aisle. “I think they are absolutely struggling to figure out how they are going to get out of this,” Sen. Patty Murray (D-Wash.) said Tuesday.
The White House official said Republicans remain confident they will ultimately prevail, saying Democrats “have no viable alternative” to the House stopgap and that “it’s the party that is asking for stuff that is going to be blamed.”
But behind the scenes, the top Republican leaders agree that the subsidies have to be extended going into a midterm election year. The person close to the White House said “2026 can’t be about health care” for the GOP.
Johnson and Thune know the issue unites Democrats but divides their members and are trying to keep a lid on those internal tensions. They haven’t been especially successful. Many hard-line conservatives have staked out total opposition to any extension, while swing-district members have sketched out proposals to keep premiums from skyrocketing.
The split was underscored Monday night when Rep. Marjorie Taylor Greene (R-Ga.), a Trump loyalist with a maverick streak, took direct aim at party leaders for not addressing the looming deadline.
“Not a single Republican in leadership talked to us about this or has given us a plan to help Americans deal with their health insurance premiums DOUBLING!!!” Greene wrote on X.
Johnson responded Tuesday by saying Greene simply wasn’t in the loop as other Republicans discuss a path forward.
“She’s probably not read that in on some of that, because it’s still been sort of in the silos of the people who specialize in those issues,” Johnson said.
But the open rebellion — and Trump’s public signals that he’s willing to deal — is only fueling Democrats’ willingness to hold out on government funding. Senate Minority Leader Chuck Schumer quoted from Greene’s post on the Senate floor Tuesday.
“Hold on to your hats: I think this is the first time I’ve said this, but on this issue, Rep. Greene said it perfectly,” he said. “Rep. Greene is absolutely right.”
Some progress has been made behind the scenes toward at least establishing lines of bipartisan communication. Some rank-and-file senators are already discussing potential shutdown off-ramps involving the ACA subsidies and unfinished fiscal 2026 appropriations bills.
The person close to the White House said the administration has informally deputized Sen. Markwayne Mullin of Oklahoma to serve as a conduit to Democrats. Asked about the arrangement, Mullin said, “I don’t have a badge,” and otherwise declined to discuss whether he was briefing the administration on bipartisan Senate talks.
As those discussions play out, the top leaders have been left to paper over their internal disputes with words of praise and harmony.
After Trump sent his clean-up Truth, Johnson praised the president for making “very clear that, yes, he’s happy to sit down and talk to Democrats about health care or anything as soon as they reopen the government.”
“We are 100 percent consistent and united on that,” he said. “The president is a dealmaker. He likes to figure these things out and work towards solutions, and that’s why he’s a bold, strong leader that America needs right now.”
Sophia Cai, Mia McCarthy, Jennifer Scholtes and Nicholas Wu contributed to this report.
Congress
Lummis blocks resolution denouncing Trump’s ‘public service announcements’
A Republican senator blocked a resolution Tuesday that would have denounced President Donald Trump’s recent campaign-style ads funded with taxpayer dollars.
Sen. Cynthia Lummis of Wyoming objected to Sen. Maggie Hassan’s nonbinding resolution, which said it was the sense of the Senate that the ads “should not be paid for by the United States government.” Because Hassan (D-N.H.) was trying to pass the resolution without a formal vote, any one senator could block it.
“It just tells the president that he is wrong — that these ads need to be pulled down and that they should not be paid for with taxpayer dollars,” Hassan said on the floor.
Lummis however countered that Hassan’s concerns about the ads say “more about her side of the aisle” and compared Trump’s ads to President Bill Clinton’s antidrug campaign, among others. One of the ads Trump is running at taxpayer expense is virtually identical to a 2024 campaign ad.
“When a Democratic president tells Americans what to do, it’s a public service,” Lummis said. “When this president tells Americans that liberty is worth defending, it’s a problem.”
Congress
Republicans wanted Jack Smith to give them a smoking gun. They got a gaffe instead.
It started with a pledge to expose a Biden-era conspiracy to take down President Donald Trump. It ended with a botched attack over basketball tickets.
Armed with subpoena power in Congress and a friendly Justice Department on their side, Republican lawmakers have spent two years promising to expose former special counsel Jack Smith as the leader of an anti-Trump witch hunt that morphed into a full-blown attempt to take down the Republican establishment.
Smith’s appearance Tuesday before the Senate Judiciary Committee — his third time testifying under oath on Capitol Hill, the second time in public — was supposed to be a watershed moment for the GOP intent on extracting a smoking gun ahead of the midterm elections. Instead, the hearing was most memorable for the fusillade of insults hurled by the panel’s Republicans.
Sen. Eric Schmitt of Missouri unsuccessfully sought to implicate Smith in a plot to attend a sporting event as a cover for investigating Trump election interference claims, then called him a “dirtbag.” Sen. John Kennedy of Louisiana said the former prosecutor made him “want to throw up in my mouth.” And Sen. Ted Cruz of Texas, comparing him to “Javert from ‘Les Mis,’” said Smith’s probe was “the most egregious abuse of power in the history of the Department of Justice.”
Senate Judiciary Chair Chuck Grassley insisted the hearing was “not the end” of his investigative work, but the four-hour grilling had the feeling of finality. The Republican-led probe into Smith’s efforts to bring criminal charges against the president has already stretched for two years, and Democrats stand a chance of retaking control of Congress in the midterms.
And at least one Republican member of the panel, Sen. Josh Hawley of Missouri, said he believed the investigation into Smith had run its course in Congress.
“At this point, I think we kind of know what we know,” Hawley said in an interview following the hearing. “I think at this point, it’s up to the DOJ to either prosecute him for perjury for lying under oath, which I think the House has formally referred him for … or try to have him disbarred.”
Judiciary Committee Republicans did little Tuesday to challenge the substance of Smith’s criminal case against Trump for seeking to subvert the 2020 presidential election. Smith reinforced his contention that Trump mounted an unprecedented criminal assault on the transfer of power, seeking to derail Joe Biden’s victory and then capitalizing on the Jan. 6, 2021 riot at the Capitol — unleashed by a mob of his supporters — to further that goal.
Smith also defended the work of his staff and decried the Trump-led Justice Department’s decision to fire them as “illegal.” And he made his most forceful case yet that the probe he led was actually fueled by Republican witnesses who broke from Trump over his handling of the 2020 election.
”It’s very hard to understand how our investigation can be viewed as partisan when the strongest witnesses, the people who were the difference between the rule of law and not, were Republicans,” Smith said.
When Sen. Darline Graham (R-S.C.) ripped into Smith for secretly obtaining her late brother Lindsey Graham’s phone records as part of his inquiry, Smith hailed him as a “patriotic public servant” and who likely would have been a featured witness in Trump’s trial — because he eventually concluded Trump’s election fraud claims were false.
Smith similarly hailed Former Arizona House Speaker Rusty Bowers and former Vice President Mike Pence as heroic figures who were crucial witnesses against the president. Smith ultimately dropped his case after Trump prevailed in the 2024 election. Though he said he remained confident in his ability to secure a conviction at trial, Smith emphasized that Justice Department policy forbids criminal prosecution of a sitting president.
When they weren’t lobbing personal attacks at Smith, Republicans homed in on what they described as procedural flaws of Smith’s investigation. They criticized him for subpoenaing phone records of members of Congress, like Lindsey Graham, who communicated with Trump and his administration during the post-2020 election timeframe.
They hit Smith for securing court orders that prevented telecom companies from alerting lawmakers to those subpoenas, and challenged his respect for the constitutional protections members of Congress are afforded to avoid scrutiny from federal prosecutors. That line of questioning produced one of the only bipartisan moments of the hearing: a pitch by Sens. Chris Coons (D-Del.) and Mike Lee (R-Utah) for legislation that would limit the ability of prosecutors to obtain secrecy orders when they issue subpoenas in sensitive probes.
Lee is poised to be the next chair of the Senate Judiciary Committee in the next Congress if Republicans maintain control of the chamber.
Smith used his appearance, as well as friendly questions from the panel’s Democrats, to parry GOP criticism of his tactics. He followed all Justice Department policies and laws, he insisted, and said he had respect for the separation of powers — including Congress’ constitutional protection from executive branch scrutiny.
Smith said he never targeted GOP lawmakers but pursued critical evidence of Trump’s actions and state of mind that would have been necessary to prove his case in court, and he repeatedly returned to an overarching contention: that he had enough evidence to convict Trump of “one of the most serious crimes that’s ever happened in our nation’s history.”
He also reminded lawmakers what he couldn’t say: anything at all about his charges against Trump for hoarding classified information at Mar-a-Lago. Smith’s findings in that probe remain sealed from public view by U.S. District Judge Aileen Cannon, who has ordered the Justice Department to keep it secret.
Sen. Adam Schiff (D-Calif.) said subpoenaing that report would be one of Democrats’ first actions should they have the majority in the next Congress.
Ultimately, Smith’s hearing Tuesday may end up being best remembered for a high-profile gaffe by Schmitt, who accused Smith of secretly traveling to Atlanta at the very moment local prosecutor Fani Willis — who had also charged Trump over the 2020 election scheme — was facing damaging questions about her conduct. As proof, displayed on an elaborate poster, Schmitt offered text messages suggesting that Smith attended a basketball game on Feb. 3, 2024 — the same day the Atlanta Hawks played the Golden State Warriors.
Schmitt revelled as a clearly flummoxed Smith struggled to discern what Schmitt was talking about.
“I don’t think you know that we have this stuff,” Schmitt said. “So I’ll give you a second to process it so you don’t perjure yourself.”
After a few moments, Smith did recall having attended a basketball game — but not in Atlanta. It wasn’t the Hawks his colleagues were discussing in a series of texts, Smith explained, but the Hawkeyes, whose star Caitlin Clark was playing in Maryland that day.
“It was because Caitlin Clark was coming to Maryland to play, and so we went to the game,” Smith said.
Immediately after the exchange, Sen. Amy Klobuchar (D-Minn.) fact-checked Schmitt in real-time, confirming the date of the Iowa-Maryland game and suggested that her colleagues’ reliance on “false information based on confusion about the name of a team” warranted an apology.
“You don’t call someone a dirtbag when you haven’t done your own research and you don’t have your facts straight,” Klobuchar said after the hearing. “And it just shows how completely out of control this whole thing was.”
Schmitt did not immediately respond to a request for comment on his allegations.
Kelsey Brugger contributed to this report.
Congress
Cruz blocks Senate Democrats’ bid to pass AI safety bill
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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