Congress
Republicans embrace hardball moves as shutdown enters Week 3
Republicans are ratcheting up pressure on Democrats on multiple fronts as the government shutdown enters a third workweek, hoping the hardball moves can finally force a reckoning as U.S. troops face a first-ever missed paycheck.
The GOP fear is that if the military pay deadline passes without action, there will be little to stop the shutdown from continuing for several more weeks at least. Some Republicans have privately warned the White House that taking unilateral action to pay servicemembers would deprive the party of a key lever to make Democrats feel overwhelming consequences for their refusal to act on a House-passed spending bill.
As Washington inched closer to the Wednesday pay date, Republicans on both ends of Pennsylvania Avenue sprang into action: At the White House, budget director Russ Vought announced “substantial” layoffs Friday, finally making good on two weeks of threats.
On Capitol Hill, Senate Republicans said they would no longer allow Democrats to keep calling up their own stopgap spending bill funding the government through the end of October, forcing votes only on the GOP-led alternative. Speaker Mike Johnson is continuing to keep the House out of session this week, and he argues Democrats will bear the consequences of federal workers and troops missing pay.
“It’s a compelling reason to open the damn government,” said Sen. Kevin Cramer (R-N.D.), adding that “the troop deadline is the issue — if anything becomes an inflection point, it’s that.”
The GOP effort to force Democrats to heel comes as talks between the top four congressional leaders remain virtually nonexistent. And there’s no sign that rank-and-file Senate Democrats — just five of whom could quickly end the shutdown — are ready to flip ahead of another scheduled vote on the House-passed stopgap Tuesday night.
Rather than military pay, Democrats are looking at another day they believe will be the ultimate pressure point: the Nov. 1 launch of open enrollment for Affordable Care Act insurance plans. The party has sought to make the pending expiration of premium tax credits a central issue in the standoff, demanding Republicans cut a deal to extend them.
“The closer to Nov. 1, a lot of these elected officials are going to start hearing from their constituents,” said Sen. Ruben Gallego (D-Ariz.) when asked what he thinks will break the impasse.
The fear that the shutdown is pitting the unstoppable force of Democratic anger at President Donald Trump versus the immovable object of GOP resolve not to flinch has not yet generated any substantive bipartisan negotiations.
While Senate Minority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries believe the only way out of the shutdown is for their GOP counterparts and Trump to talk to them, Republicans are making it clear that they don’t see the point right now and are counting on rank-and-file Democrats to pressure their own party brass.
“I think Leader Schumer has checked out,” Senate Majority Leader John Thune told reporters Friday, adding that Republicans were looking for “bold, courageous Democrats with a backbone.”
In addition to the military pay deadline, lawmakers are keeping a close eye on federal aviation as another potential area that could force Congress into a detente. Thune mentioned the shutdown’s impacts on air travel, saying it was one way senators “might start to feel that a little bit personally.” Sen. Dick Durbin, the No. 2 Senate Democrat, separately noted last week how air traffic controllers were a driving factor in the last shutdown.
But if the Trump administration thought Friday’s firings of several thousand federal workers would break the impasse, it instead appears to have only stiffened Hill Democrats’ spines to keep the shutdown going.
“We will not be threatened and intimidated by the likes of Russ Vought,” purple-district Rep. Mike Levin (D-Calif.) told reporters Friday.
Jeffries is calling House Democrats back to Washington for a Tuesday evening caucus meeting, and Democratic lawmakers are expected to take part in more public appearances this week even as the House stays out of session. He and Schumer have largely managed to keep their caucuses unified on the demand for a bipartisan negotiation — even though there are already clear signs of fissures between the two Democratic leaders over what would be an acceptable end to the shutdown.
“The American people want it, they are seeing how devastating this is, and they are putting a lot of pressure on their Republican congressmen and senators,” Schumer said when asked why he believes Republicans will change their minds on health care, insisting that GOP senators were “feeling the heat.”
Democrats are also trying to drive a wedge between GOP leaders and the White House. Schumer has pointed to Johnson, who is wary of extending the insurance subsidies, as the real roadblock. And Durbin, asked about Thune, noted he had known and worked with the genial South Dakotan for years but “he is at the mercy of a president who is mercurial.”
Republican leaders, however, have shown no signs they will back down from their view that any deal on extending the expiring tax credits can’t be forged while the government is closed down. Instead, they are trying to peel off another five Senate Democrats by dangling an offer to talk once the shutdown is over.
“There are some Democrats who I think are reasonable enough to know that this is not a sustainable position for them,” Thune said.
The bipartisan talks among the Senate rank-and-file are ongoing but have so far failed to bear fruit. Republican leaders floated an offer to potentially hold a vote on extending the subsidies, but Democrats involved in the talks said the details were too fuzzy to agree. Sen. Susan Collins (R-Maine) is separately floating a “six-point plan” to Democrats, which would involve a similar commitment on health care plus moving full-year government funding bills.
Even though the group hasn’t yet come up with a deal, aides believe the rapid launching of trial balloons late last week was a good sign. Eventually, they reckon, one of them will take flight and get Congress out of the shutdown.
But the other risk, Republicans are starting to warn, is that the standoff could go on for so long they might need to extend the window for reaching a broader deal on federal spending and the insurance subsidies.
The House-approved bill expires on Nov. 21, just before Thanksgiving. Now some in the GOP are floating dates just before Christmas, and top party leaders are discussing that possibility. Democrats, meanwhile, want a shorter window for action — before the Nov. 1 open enrollment date.
Sen. Markwayne Mullin, the Oklahoma Republican whom White House officials have tapped to coordinate informal talks with Democrats, said he has floated the later, pre-Christmas deadline in hopes of breaking something loose.
“You start with A, B, C, and you probably end up at D,” Mullin said. “And I think right now we’re probably somewhere around B.”
Congress
The House Ethics Committee wants to do better
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.
Congress
Senate launches budget debate
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.
Congress
Cherfilus-McCormick resigns amid ethics investigation
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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