“It’s like negotiating with Jell-O”: Congress running out of time before a shutdown

FAN Editor

Senate Majority Leader Mitch McConnell has scheduled a 10 p.m. procedural vote for Friday, with a government shutdown deadline looming at midnight. It is unclear if Republicans have the votes to advance the bill. 

On Capitol Hill, the scene is one of uncertainty.

As a Democratic senator told CBS News’ Nancy Cordes ahead of the vote, “We won’t know until we get there.” One senator pegged the chances of temporary shutdown — lasting, perhaps, through part of the weekend — at chances of 3 to 1.

“It’s one step forward with the White House, four steps back,” said a senior Democratic Senate aide who noted it’s unclear who among Republicans is in charge of negotiations. The White House is telling Democrats to negotiate with McConnell, who is still unclear what it exactly is that the president wants. 

“It’s like negotiating with Jello,” the aide said, adding, “the talks won’t wrap up unless the president takes the reins.”

Senate leadership and the White House are negotiating over two parallel issues — how long a government funding bill should last and what it should include, and what to include in a bill to protect DACA “Dreamers” and improve border security, a source told Cordes. The Senate Democratic Caucus met at 8:30 p.m. meeting to discuss strategy, while House Democrats scheduled a meeting for 10 a.m. on Saturday, suggesting they expect a shutdown. 

Sen. Joe Donnelly, D-Indiana, Sen. Joe Manchin, D-West Virginia, Sen. Heidi Heitkamp, D-North Dakota, and Sen. Doug Jones, D-Alabama, all announced on Friday they would vote for a short-term funding bill, called a continuing resolution or CR.

Sen. Lindsey Graham, R-South Carolina, suggested a spending bill that’s even shorter than the current 30-day proposal. He wants something that would fund the government closer to through Feb. 8.

“After lengthy conversations with senators from both parties, I believe no one wants the government to shut down,” Graham said. “I also believe that we are inside the 10 yard line on finding solutions on all issues previously described including immigration.”

White House legislative affairs director Marc Short said he still thinks it’s possible to reach a short-term spending deal Friday night, but that a deal on the Deferred Action for Childhood Arrivals (DACA) program is unlikely in the next 48 hours.

Late Friday afternoon, Office of Management and Budget Director Mick Mulvaney said he thinks there is a good chance Congress will reach a deal before Monday, not offering much hope for a deal by midnight. Mulvaney floated the possibility of weekend votes.

On Friday afternoon, Mr. Trump spoke with Ryan by phone, according to a source familiar with the communication.

Before that, Senate Minority Leader Chuck Schumer, D-New York went to the White House after an invitation from President Trump. The president, his chief of staff, John Kelly, and Schumer and his chief of staff met alone in the Oval Office, CBS News’ Margaret Brennan reports. according to a White House official. Schumer told reporters afterward that progress had been made, but there’s no deal yet. 

“We had a long and detailed meeting,” Schumer said. “We discussed all of the major outstanding issues. We made some progress, but we still have a good number is disagreements — but discussions will continue.  

Mr. Trump, however, had a more optimistic view of the meeting, describing it as “excellent.”

Meanwhile, the executive branch is laying out plans for a shutdown.

A senior White House official on a conference call Friday night said the president could still travel to Davos, Switzerland, on Air Force One in the event of the shutdown, because funding for such travel is at his discretion. Mr. Trump had been scheduled to leave Washington for Mar-a-Lago for the weekend on Friday, but the White House canceled his scheduled departure.

The Department of Health and Human Services (HHS) said it would extend the declaration of a public health emergency for the opioid crisis. The initial declaration was to expire on Wednesday.

Mulvaney sent a memo of frequently asked questions and answers regarding what to do in a shutdown to department and agency heads. 

Environmental Protection Agency (EPA) chief Scott Pruitt issued a memo to employees stating the agency has enough funding for now, and directing employees to come into work next week, no matter what happens. 

Capitol Lounge, a favorite spot for Capitol Hill staffers, began advertising drink specials starting at 12:01 a.m. Saturday, including, “To Flake or not to Flake,” and “Have you ever met a Haitian?” 

Shortly before Schumer arrived at the White House, Mulvaney was framing any possible shutdown as a “Schumer shutdown,” complaining that Senate Democrats “are opposing a bill that they don’t oppose — they’re for clean CRs; they’re for the extension to the CHIP program.” 

The House passed the bill, known as a continuing resolution (CR), in a 230-197 vote Thursday night. Afterward, Speaker Paul Ryan, R-Wisconsin, said he was urging Senate Minority Leader Chuck Schumer, D-New York, not to shut down the government.

“The only people standing in the way of keeping the government open are Senate Democrats,” Ryan said.

If lawmakers don’t extend funding by Friday night, the government will shut down early Saturday. It would be the first government shutdown since 2013. Mr. Trump tweeted about the possibility Friday morning.

This marks the fourth short-term spending bill Congress has had on its plate since September. Democrats, however, remain largely opposed to the measure because they want it tied to a larger immigration deal over the Deferred Action for Childhood Arrivals (DACA) program and border security.

The CR includes a six-year reauthorization of the Children’s Health Insurance Program (CHIP) and delays on three Obamacare taxes. Shortly before the vote, the House Freedom Caucus said a majority of its members had voted to approve the measure, making passage more certain.

The government last shut down in October 2013 for 16 days after Sen. Ted Cruz, R-Texas, led an unsuccessful effort to defund Obamacare. Republicans went on to retake control of the Senate in the 2014 midterm elections. It’s unclear how a government shutdown would affect either party in this year’s midterm elections in November. 

CBS News’ Rebecca Shabad, Kathryn Watson, Jacqueline Alemany and Rebecca Kaplan contributed to this report.

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