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Senate votes for fifth time against advancing legislation to end the shutdown

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The Senate is trapped in a shutdown Groundhog’s Day with no end in sight.

Senators rejected dueling stopgap spending bills Monday for the fifth time as lawmakers show few signs of nearing a detente —even as the shutdown-induced pain is poised to grow as the federal funding lapse heads into its second workweek.

Senate Republicans had hoped the Trump administration’s imminent threat of mass firings, paired with a weekend back home to hear from constituents, would shake loose even a couple of potential swing-vote Democrats. Add to that the fact that most federal workers and active duty members of the military are due to miss their first paychecks Oct. 10 and Oct. 15, respectively.

But Monday evening, Democratic Sens. John Fetterman of Pennsylvania and Catherine Cortez Masto of Nevada — alongside Independent Sen. Angus King of Maine, who caucuses with Democrats — were once again the only three to break ranks and vote to advance the GOP-led stopgap bill, which would fund the government until Nov. 21.

Earlier in the day, Senate Minority Leader Chuck Schumer (D-N.Y.) reiterated that Democrats are ready to negotiate on a deal to end the shutdown, but the discussion on health care needs to happen now.

“We’re ready to work with Republicans to reopen the government and end the health care crisis that faces tens of millions of Americans. But it takes two sides to have a negotiation,” Schumer said.

Republicans also again rejected the Democratic stopgap that would link government funding through October to the party’s health care priorities, including a permanent extension of soon-to-expire Affordable Care Act subsidies, plus restrictions on President Donald Trump’s ability to unilaterally claw back congressionally approved funding.

Top Democrats have demanded a “bipartisan negotiation” on health care as part of the government funding fight. Expanded ACA subsidies aren’t set to expire until the end of the year, but with open enrollment for Obamacare plans to begin Nov. 1, Democrats — and some Republicans — view that as the real deadline for getting an agreement for an extension.

Senate Majority Leader John Thune has said he is only open to negotiating on the health care tax credits once the government is reopened, a position that even some moderate members of his conference have backed. The South Dakota Republican doubled down on this stance Monday.

“We said we’re willing to have those conversations, but it starts with ending the shutdown,” Thune said.

Thune said that while he didn’t speak with Schumer over the weekend, he would talk to his Democratic counterpart going forward if it was “useful.” He added that he hoped enough Democrats would soon change their minds and vote to advance the House-passed stopgap, but that it “sounds like they’re still stuck at the moment.”

He has also warned that while he can promise a discussion on an extension of the enhanced ACA tax credits, he can’t guarantee a deal, which will also need to clear the House and garner Trump’s blessing. This uncertainty has made some Democrats wary of accepting anything short of an ironclad agreement, exacerbating an already deep lack of trust between the two parties — and between Democrats and Trump, in particular.

Yet Republicans are betting they will eventually win over enough Democratic senators to reopen the government, seeking to keep pressure up by forcing votes related to the funding bills every day until the shutdown ends. With Sen. Rand Paul (R-Ky.) voting “no,” Republicans need a total of eight Democrats to break with Schumer.

Senators from both parties are trying to find an off-ramp — largely around setting up a framework for what will happen to the ACA credits and the fiscal 2026 appropriations process once the shutdown ends.

But so far lawmakers involved in the bipartisan discussions have failed to sway more Democrats to back the GOP-led stopgap.

“They’re good conversations but they don’t quite seem ready yet,” Sen. Susan Collins (R-Maine), the chair of the Appropriations Committee, said about talks with Democrats.

Calen Razor and Jennifer Scholtes 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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