Congress
Shutdown set to break record as Senate Democrats agonize over endgame
With just hours until the government shutdown becomes the longest in U.S. history, Senate Democrats privately agonized behind closed doors Tuesday about bringing it to an end.
A two-hour-plus lunch meeting ended without a clear consensus on an endgame for the 35-day standoff, even after several senators involved in increasingly serious bipartisan negotiations laid out their thinking during the lunch, according to multiple attendees.
Senate Minority Leader Chuck Schumer emerged from the long meeting and signaled that his party isn’t yet ready to surrender — guaranteeing the shutdown would surpass the roughly 34-day, 20-hour shutdown that ended in January 2019.
“Families are opening their health care bills and wondering how they’ll pay them. That’s the reality. So we’re going to keep fighting day after day, vote after vote, until Republicans put working families ahead of the wealthy few,” Schumer told reporters.
But two people granted anonymity to discuss caucus dynamics estimate that about a dozen Democrats now privately believe it’s time to reopen the government and then use the coming weeks to increase pressure on Republicans to address their core demand: an extension of key health insurance subsidies.
Pressed on where his caucus stands after the long lunch, Schumer said only, “We’re exploring all the options.”
Sen. Dick Durbin of Illinois, the No. 2 Senate Democrat, said he thought there was some progress made during the lengthy meeting. But he acknowledged a crucial “difference in opinion” remains over whether Democrats should vote to reopen the government without a concrete legislative plan to extend the subsidies for those who buy plans on Affordable Care Act exchanges.
Sen. Sheldon Whitehouse (D-R.I.) said the senators involved in the bipartisan talks “made their case” but added “you need to have an agreement and not just discussions.”
He added, “When and whether we get there is an unknown.”
The note of caution and uncertainty stood in counterpoint to the rising expectations among Republicans that the shutdown could be put on a glide path toward resolution later this week.
Several Senate Democrats emerged from the lunch grim-faced and tight-lipped, a shift from the start of the shutdown when Democrats were unified behind a common message: that Republicans had to at least negotiate with them in order to win their votes.
“What’s the point of being in the Senate minority if you don’t use your power to get something?” Sen. Chris Murphy (D-Conn.) said in an interview, accusing Republicans of “basic bullying tactics.”
But the weeks of political trench warfare have taken a toll on senators — not to mention the rising toll of the shutdown on their constituents. President Donald Trump threatened to defy a court order to pay federal food aid Tuesday before his administration contradicted that message. Meanwhile, his Transportation secretary warned of mounting travel disruptions in the coming week as unpaid air traffic controllers and security officers call off work.
The Democratic lunch started just after the Senate rejected a House-passed stopgap bill for a 14th time. As in the previous 13 votes, only Sens. John Fetterman of Pennsylvania and Catherine Cortez Masto of Nevada broke ranks with fellow Democrats, as did Sen. Angus King of Maine, an independent who caucuses with Democrats.
While the vote count remained static, there has been palpable movement among the rank-and-file Democrats who have been negotiating with Republicans over a shutdown solution that would fall short of the demands most of their colleagues have been making for more than a month.
A group of about 10 Senate Democrats met in a Capitol basement hideaway Monday night, a gathering first reported by Blue Light News. Some members of the group met again through the day Tuesday.
Senate Majority Leader John Thune told reporters Tuesday that he has spoken with rank-and-file Democrats, including in a meeting last week with Sens. Jeanne Shaheen and Maggie Hassan of New Hampshire, as well as with King. They discussed the various pieces that would have to come together to reopen the government, according to two people granted anonymity to describe the talks.
“There’s a line of communication,” Thune said.
The bipartisan discussions are focused around a revised stopgap spending bill that would keep agencies open until at least December, as well as passage of the full-year Agriculture-FDA, Military Construction-VA and Legislative Branch spending bills. Those two pieces could be advanced together, with a Republican guarantee that Democrats would get a future vote to extend the insurance subsidies once the shutdown is over.
Some Democrats, including Sen. John Hickenlooper of Colorado, are pushing for Speaker Mike Johnson to also guarantee a vote — something the Louisiana Republican has been loath to do as he argues Democrats need to reopen the government first.
Others want Trump to get directly involved. Republicans have said Trump will meet with Democrats on health care but only after the government reopens.
“President Trump should bring people to the White House instead of having parties in Mar-a-Lago, and make sure that people’s insurance benefits are not going to more than double and get everything opened up,” said Sen. Ben Ray Luján (D-N.M.), referring to a lavish Halloween party Trump attended at his Florida resort.
Trump has shown signs he has grown impatient with the shutdown, repeatedly prodding Republicans in recent days to kill the Senate’s 60-vote filibuster rule and take action on party lines. Senate Republicans have been invited to have breakfast with Trump Wednesday, where the topic could be broached, according to two people granted anonymity to describe the private invitation.
But Republicans have other internal tensions to resolve — not least of which is the widespread opposition among conservatives to any extension of the crucial Obamacare tax credits.
Several House Republicans raised concerns on a private call Tuesday morning with Johnson and other leaders that Republicans should not help bail out Democrats from the failures of their 2010 health law, according to four people granted anonymity to describe the conversation.
They are also locked in an intense internal struggle over how long to schedule a funding punt. The conflict played out inside the Senate GOP’s own Tuesday lunch, according to two people in the room granted anonymity to describe the private meeting.
Senate Appropriations Chair Susan Collins (R-Maine) strongly pushed for her preferred expiration date of Dec. 19, while hard-liners including Sen. Rick Scott (R-Fla.) pushed for a deadline in early 2026.
Sen. Katie Britt (R-Ala.), another appropriator who is advocating for a December end date with Collins, also clashed with Scott — an eyebrow-raising development that led one GOP senator to note that Republicans clearly needed “a longer family discussion” about the issue.
Several GOP senators also said during the lunch and in other recent meetings that any promise to Democrats regarding a vote on the ACA subsidies should also require a vote on a Republican alternative. That legislation would likely involve guardrails favored by conservatives, including a crackdown on so-called phantom enrollees, minimum out-of-pocket premiums and new abortion funding restrictions, among other provisions.
“If there is going to be a vote on a Democrat proposal, then there will have to be an offsetting Republican proposal as an alternative,” a second GOP senator said.
Mia McCarthy, Calen Razor, Benjamin Guggenheim, Jennifer Scholtes and Nicholas Wu contributed to this report.
Congress
Powell pardon wouldn’t end Fed blockade, Tillis says
A presidential pardon of Federal Reserve Chair Jerome Powell would not end Sen. Thom Tillis’ one-man blockade of central bank nominees, the North Carolina Republican said Tuesday.
Only the Justice Department resolving its investigation into Powell’s Senate testimony on a massive Fed renovation project would suffice, he added, doubling down on his intention to use his vote on the Senate Banking Committee as a bulwark against any attempt to dilute the bank’s independence.
Tillis is the main obstacle to the swift confirmation of Kevin Warsh, President Donald Trump’s nominee to replace Powell as Fed chair. He has vowed to oppose any Fed nominee until the Powell investigation ends.
A pardon could be a fast and definitive way for Trump to end any legal peril for Powell, but Tillis called the idea “silly” and a “mistake” because it could imply that Powell is guilty of committing perjury during his appearance last year before the Banking Committee.
“A pardon to me almost validates the whole notion for the investigation,” Tillis said. “If they think they’ve got a valid case, then we’ll just see it through to the end.”
With Republicans holding a 13-11 majority on the Banking panel, Tillis’ opposition is enough to prevent Warsh from getting advanced out of committee unless he gets support from Democrats on the panel.
Tillis said Tuesday that he thought Warsh would be a “fine” Fed chair “at some point in the future if not this Congress, then the next Congress, if they don’t get this investigation done.”
“I’m not budging one inch,” he added. “This is foundational to Fed independence and if you reward this sort of behavior and there’s no compelling evidence that could convince me or a jury that he’s guilty of it then you’ve got to stand on Fed independence.”
Trump batted down a question Monday about whether he would ask prosecutors to drop the Powell case in order to clear a path for Warsh. He instead told reporters that Jeanine Pirro, the U.S. attorney for D.C., would “take it to the end and see.”
Responding to Trump’s remarks, Tillis said it showed “an area where we’re in agreement this week — we’re both willing to go all the way.”
Congress
Congress ends shutdown, approves $1.2T in funding — and sets up DHS cliff
Congress approved a spending package Tuesday afternoon that secures funding for the vast majority of federal agencies through September, ending the second government shutdown in the span of four months.
But what’s left unfinished — funding for the Department of Homeland Security — will be a doozy, with partisan tensions over President Donald Trump’s immigration enforcement agenda threatening another lapse for the embattled department that also includes TSA, FEMA and other crucial agencies.
The package the House passed in a bipartisan 217-214 vote Tuesday afternoon only funds DHS through next week. Democrats are refusing to support months of additional cash until Republicans agree to rein in the actions of ICE and Border Patrol agents following the fatal shootings last month of two U.S. citizens in Minnesota.
If Republicans don’t concede to enacting significant new mandates for DHS by the new Feb. 13 deadline, the department many Democrats have called “rogue” will face another funding lapse or short-term patch.
“We have a list that we want done, and we aren’t settling for half-measures,” Rep. Pete Aguilar (D-Calif.), the No. 3 party leader, told reporters Tuesday. He warned that if Senate Majority Leader John Thune and Speaker Mike Johnson “don’t want to come to the table and negotiate real reform, then they’re going to have to explain to the American public why they’re shutting down agencies.”
Trump is expected to swiftly sign the legislation, ending the partial government shutdown that began early Saturday morning after the Senate passed the altered package, punting the measure back to the House.
By advancing the trillion-dollar package, Congress has approved more than 95 percent of the government funding it approves each year to run federal agencies, after clearing full funding for some agencies in November and another slate in January.
Under the legislation that now awaits the president’s signature, the Pentagon and all remaining domestic agencies besides DHS will get new funding levels through the end of the fiscal year, which started with the longest government shutdown in U.S. history.
“We finalized true, bipartisan, bicameral bills to fully fund our government in a member driven, district focused way,” House Appropriations Chair Tom Cole (R-Okla.) said on the House floor. “Funding the government is not an optional exercise. It’s the most basic duty we have in Congress.”
Only 21 Democrats voted yes on passage, highlighting the challenge leaders face over the next 10 days in negotiating new immigration enforcement rules that can attract enough Democratic support for funding DHS into the fall.
“I refuse to send another cent to Stephen Miller or Kristi Noem,” Rep. Jim McGovern (D-Mass.) said this week. “They are undermining our Constitution, and the department they run is murdering American citizens in the streets.”
To ensure Democratic leaders on both sides of the Capitol are aligned heading into negotiations with Republicans over changes to DHS immigration operations, Jeffries is set to meet Tuesday afternoon with Senate Minority Leader Chuck Schumer.
House Democrats are demanding that Jeffries have a seat at the bargaining table after many groused this week about the altered funding package Senate Democrats brokered with the White House.
“They need to talk to Hakeem — the House and Senate are equal partners,” Rep. Debbie Dingell (D-Mich.) said in an interview.
House Democrats contend that they have a better understanding of Trump’s immigration enforcement actions in communities throughout the country, as well as the sentiment of Americans.
“We are the ones that are closest to the anger and the frustration of our constituents,” Rep. Pramila Jayapal (D-Wash.) said in an interview. “We need [Senate Democrats] to start negotiating with us and carrying out our demands instead of constantly caving to Republicans.”
Congress
Shutdown end in sight after spending package clears key House hurdle
A spending package that would fund the vast majority of the federal government cleared a key procedural vote Tuesday, setting up votes later in the day to send the measure to the White House for President Donald Trump’s signature.
Final passage of the measure, which also includes a funding patch for the Department of Homeland Security through Feb. 13, would end the partial government shutdown that began Saturday.
Republicans stayed mostly united on the 217-215 test vote to advance the package that would fund the Pentagon and departments of Health and Human Services, Labor, Housing and Urban Development, Transportation, and Education through Sept. 30 and less than two weeks of funding for Homeland Security Department.
The short-term DHS funding is intended to give lawmakers time to negotiate reforms to how ICE and CBP officers execute the Trump administration’s immigration enforcement crackdown, with the hope of tamping down instances where federal officers have killed U.S. citizens. Republicans have their own demands, such as blocking federal funding on “sanctuary cities” that don’t cooperate with federal enforcement agencies.
The largely unified GOP vote came on the heels of a White House whip operation that headed off a handful of defections from within Speaker Mike Johnson’s party. Trump’s call for there to be no changes to the package in the House helped quell an effort from hard-line conservatives to attach a partisan elections bill, known as the SAVE Act, to the rule.
Speaker Mike Johnson, Majority Whip Tom Emmer and Majority Leader Steve Scalise also did some personal whipping on the House floor during the vote series, circulating between some of the most hard-line members of the Republican Conference in the leadup to and during the rule vote. It was a nail-biter for the leaders, with the vote held open for nearly an hour as they tried to bring their GOP colleagues in line.
Final passage of the Senate-passed $1.2 trillion funding package is expected Tuesday afternoon on a bipartisan vote.
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