Congress
The Senate has met a problem even a ‘gang’ can’t solve
When Washington first woke up to a government shutdown earlier this month, there was one hope for a quick exit: A bipartisan clutch of rank-and-file senators were at least talking.
There was reason for optimism. Past groups had evolved into “gangs” that had figured out some of Capitol Hill’s most intractable disputes.
But that’s not the trajectory so far. Three weeks into the shutdown, there are no signs that the conversations are anywhere close to generating a solution to what is now the second-longest shutdown in U.S. history.
“You can lead a horse to water but you can’t make it drink,” said Sen. Mike Rounds (R-S.D.), who has been involved in the conversations that sprang up as Congress barreled over the funding cliff in early October but have since stalled. “I don’t see that there’s a path forward at this point.”
Senators don’t even agree on whether there are still bipartisan talks taking place at all, let alone on what it would take to break the stalemate. If they agree on anything, it’s that they aren’t a gang, and they aren’t negotiating.
It’s a stark shift from early 2018, when a Senate gang helped negotiate a deal to end a short shutdown during President Donald Trump’s first term. They built on that with a series of bipartisan deals — including multiple coronavirus relief bills and an infrastructure agreement under Trump’s successor, Joe Biden.
But the Senate has changed dramatically since then. Dealmaking senators such as Rob Portman (R-Ohio), Joe Manchin (I-W.Va.), Mitt Romney (R-Utah) and Kyrsten Sinema (I-Ariz.) have retired, hollowing out the corps of lawmakers with any experience crossing the aisle.
The personnel drain has been exacerbated by the sharp battle lines that have been drawn by party leaders as well as deep frustration with an administration that has taken a sledgehammer to a government funding process that once provided a basic framework for bipartisanship inside the Senate.
“Right now … there’s not enough trust between us,” said Sen. Chris Coons (D-Del.), who has a long history of negotiating with Republicans.
He and others noted the challenges for the would-be negotiators are vast and involve figuring out how to bridge sweeping policy and political divides.
The shutdown impasse isn’t only about government spending; some Democrats have demanded that any off-ramp deal include an extension of key Affordable Care Act subsidies that are set to expire at the end of the year — potentially leaving millions uninsured, according to estimates from the Congressional Budget Office.
Democrats say they want a bipartisan negotiation on extending the credits, while Republicans say they won’t negotiate while the government is closed down. None of the would-be dealmakers have strayed from those positions set out by their respective party leaders.
The Senate’s bipartisan talks have instead focused on what would happen after the government reopens. Lawmakers involved have floated several ideas, including the possibility of having a vote to reopen the government followed immediately by a vote on an extension of the insurance subsidies.
But that hasn’t been enough to get Democrats to bite. Asked Tuesday if lawmakers were close to finding a path out of the shutdown, Sen. Jeanne Shaheen (D-N.H.) replied dryly, “Not that I have seen.”
Asked why senators haven’t broken out the “talking stick” — the device the 2018 shutdown-solving group used to manage their bipartisan meetings — Sen. Lisa Murkowski (R-Alaska), a perennial gang member, argued that there was little incentive in either party to break ranks at the moment.
“Both sides think there is political advantage in sticking with the positions that they have,” she added.
The senators aren’t completely throwing in the towel, and some of their colleagues still see the sputtering bipartisan talks as the best path out of the shutdown. But there are simmering flashes of frustration from Shaheen and others in the group that what is needed is hands-on involvement from top leaders to break the stalemate — including from Trump.
“I think he’s an important part of it,” Murkowski said.
Senators believe they are nearing a crucial juncture: Trump will leave Friday for a weeklong trip to Asia, and there’s some private grumbling on Capitol Hill that he’s been too deeply engaged in foreign affairs as the country lumbers deeper into the shutdown. Coming to a deal to end it will be difficult as long as he is out of the country, they think.
But most Republicans don’t believe Trump should come to the table until after the government is reopened — and GOP senators left a lunch with the president at the White House Tuesday pledging to remain unified behind their funding strategy. Democrats, meanwhile, have been emboldened by the “No Kings” rallies against the Trump administration over the weekend as well as encouraging polling that appears to back up their shutdown stance.
Even as senators downplay hopes that a bipartisan gang will ride to the rescue, the rank-and-file group is taking care to keep lines of communication open given the freeze-out between Democratic leaders and the White House. A Tuesday request to Trump from Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries for a meeting was quickly swatted away by the White House, in keeping with the wishes of top GOP leaders.
Some cross-aisle outreach continued this week, according to three people familiar with the matter granted anonymity to disclose private discussions. And while there wasn’t much public progress to show for it, Shaheen said Tuesday it hasn’t been a total wash. But, she added, they needed help from higher powers.
“I think people have moved on both sides,” she said, but it was essential that “the leaders in both houses and both sides sit down with the president and negotiate an end to the shutdown. I think that’s in everyone’s interest.”
Congress
Johnson touts ‘bipartisan’ path for FISA reauthorization, but obstacles remain
Speaker Mike Johnson is raising the possibility of a “bipartisan” path forward on extending a key spy authority after negotiations among House Republicans blew up late last week.
“We’re confident that we’ll be able to find strong bipartisan consensus that builds off of the really meaningful reforms that we included in the legislation the last time we reauthorized it,” Johnson said during a news conference Tuesday morning.
The emergency short-term reauthorization Congress cleared last week expires April 30, putting pressure on lawmakers to reach a deal quickly.
Among the options GOP leaders are discussing: If the Senate can advance a three-year extension of Section 702 of the Foreign Intelligence Surveillance Act, with policy changes, the House could then pass it with a majority of Republicans and some Democrats, according to three people granted anonymity to share direct knowledge of ongoing conversations.
It’s also possible Johnson could put that measure on the House floor under an expedited procedure that does not require prior adoption of a party-line rule, but would need a two-thirds majority voting in the affirmative to secure passage. House GOP leaders still need to appease hard-liners who have very specific demands for new guardrails on warrentless surveillance practices as part of any reauthorization measure.
House Democratic leaders, meanwhile, aren’t promising cooperation — and they’re skeptical Johnson is as close to a deal as he might suggest.
“His confidence meter was always pretty high, and then he put a bill on the floor that had zero consensus among his caucus, and looked like the disaster that it was after midnight,” House Democratic Caucus Chair Pete Aguilar of California told reporters Tuesday.
He added that he has not had “any discussions” yet with Republican counterparts on next steps for Section 702, and “absent those conversations, it’s going to be hard to find bipartisan consensus.” Aguilar also said that Democrats would follow the leads of House Intelligence Chair Jim Himes of Connecticut and Jamie Raskin of Maryland.
Johnson is planning to meet Reps. Brian Fitzpatrick of Pennsylvania and Darin LaHood of Illinois later Tuesday as the pair of Republicans works with Democrats on a bipartisan FISA extension plan, according to two people granted anonymity to share private scheduling.
Congress
Graham releases blueprint for GOP immigration enforcement funding plan
Senate Budget Chair Lindsey Graham unveiled a fiscal blueprint Tuesday paving the way for the GOP’s party-line immigration enforcement plan.
The budget resolution is the first step in Republicans’ two-step plan to deliver a bill funding Immigration and Customs Enforcement, Border Patrol and other agencies to President Donald Trump’s desk by his self-imposed June 1 deadline.
Senate Republicans are aiming to adopt the budget resolution this week. Senate Majority Leader John Thune can lose as many as three GOP members so long as Vice President JD Vance is available to break ties.
“Republicans are doing something that must be done quickly, and that our Democrat colleagues are trying to prevent us from doing. That something is simple: fully fund Border Patrol and ICE at a time of great threat to the United States,” Graham (R-S.C.) said in a statement.
The budget resolution tasks the Senate Judiciary Committee and Senate Homeland Security and Governmental Affairs Committee with drafting the subsequent immigration enforcement bill.
The resolution gives the committees until May 15 to hand over text. It sets a ceiling of $70 billion for the Judiciary Committee’s portion and $70 billion for the Homeland Security panel’s portion. While the language would allow for a larger bill, a Graham aide said Tuesday that Republicans are aiming to keep the measure to about $70 billion.
Senate Republicans are expected to take an initial vote on the budget resolution as soon as Tuesday afternoon. After that they’ll need to complete a marathon session known as a vote-a-rama before they can approve the fiscal blueprint and send it to the House.
Democrats are expected to force several amendments related to cost-of-living concerns. Senate conservatives could also try to expand the scope of the bill, though GOP leaders hope to avoid making any changes to Graham’s text.
House Republicans could take their own vote next week. They are also waiting to grant approval of a Senate-passed deal to fund the rest of the Department of Homeland Security. Speaker Mike Johnson has delayed action on the measure amid hard-right demands that the Senate move on the immigration enforcement funding bill first.
Some House conservatives want the Senate to complete the entire reconciliation process, which allows ICE funding to bypass a Democratic filibuster, before they take up the larger DHS deal. That could drag the agency’s shutdown deep into May.
Senate Republicans are aiming to put the final immigration enforcement bill on the floor the week of May 11.
Congress
‘Many families are struggling’
Rep. Lisa McClain of Michigan offered a rare acknowledgment from a GOP leader Tuesday that the U.S. economy might not be in tip-top condition. McClain, the Republican Conference chair, said at a news conference that “even with bigger [tax] refunds, many families are struggling right now, and I get it.”
That’s a departure from the message President Donald Trump sent at a event in Las Vegas last week, where he said “everything’s doing really well” and played down the impact of higher energy prices since he ordered military strikes on Iran.
“But we also owe it to the American people to be honest about how we got here, to make sure we don’t ever go back again,” McClain, the No. 4 party leader added, saying Americans are “digging out of a hole” from former President Joe Biden’s administration.
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