DEMS PREP FOR A CERTAIN SHUTDOWN — Government funding lapses in less than 11 days, and a shutdown has never seemed so certain. The House is completely frozen. A tight group of far-right rebels appears determined to thwart any plan Speaker KEVIN McCARTHY puts together to fund the government — a hostage situation put on full display yesterday when five Republicans joined Democrats to tank a procedural vote on Pentagon spending. Is there a Plan B? Or C, or D? No one seems to know. “We’re basically at the ‘throw everything at the wall and see what sticks’ stage,†one senior GOP aide told Playbook last night. But rather than dwell on GOP dysfunction this morning — you’ve read plenty about that already this week, and there will be plenty more to come — we thought we’d drill down on Democrats and how they are looking at the shutdown battle ahead. We spoke to multiple Democratic members and aides last night, and this much they know: There will be a shutdown. Yesterday’s floor meltdown confirmed to them that the only remaining question is how long it will be. The dynamics are simple, in their minds: Any solution will, by definition, involve Democrats, and Mccarthy is in no position to do anything with Democrats in the next 11 days — and, maybe, for many weeks after that. Yes, Minority Leader HAKEEM JEFFRIES has been in frequent contact with McCarthy (not negotiations, just contact). Yes, Jeffries is meeting today with the Problem Solvers Caucus, which is trying to assemble a bipartisan deal to keep the government open. But those moves are more about ending a shutdown than avoiding one. There’s been no meaningful work, we’re told, toward a solution. “If [McCarthy] has to let some blood out and shut the government down, OK. But we all know that ultimately what's going to happen is going to be some sort of bipartisan deal here,†one Democratic member told us. Democrats are now strategizing about what that deal ultimately looks like, and they’ve agreed on one thing: It’s going to look a lot like what Republicans already agreed to. As our colleagues Jennifer Haberkorn and Adam Cancryn write this morning, White House aides “have settled on a hard-line strategy aimed at pressuring McCarthy to stick to a spending deal he struck with Biden back in May rather than attempt to patch together a new bipartisan bill.†Those spending levels, you’ll recall, were hailed by McCarthy as “the biggest spending cut in American history†and a “major victory†for the GOP before a conservative backlash forced him to walk away from it. “The White House and Democrats negotiated in good faith with Speaker McCarthy, shook hands, and reached a deal this summer to prevent the very quagmire in which America now finds itself,†another House Democrat texted us last night. “The only thing Democrats should be more vocal about is our disgust that the deal was so brazenly breached.†With Democrats on the Hill happy to sing from the Biden administration’s hymnal, partisans on both ends of Pennsylvania Avenue are sitting back, watching the chaos and working their damndest to make sure that no matter what happens, Republicans bear the blame for the shutdown. That means the messaging memos are starting to fly: The White House this morning sent a missive to the Hill laying out the tangible costs of a shutdown, from unpaid servicemembers to delayed infrastructure projects. And in previously unreported talking points sent out yesterday, House Democratic leaders boiled things down to this: “Extreme MAGA Republicans are plotting a shutdown, pursuing partisan impeachment. … House Democrats are putting People Over Politics to grow the middle class.†The bigger question facing Democrats on the Hill revolves around the other big threat looming over the House — the promise that McCarthy’s critics will file a motion to remove him as speaker should he cut a deal with Democrats to fund the government. We’ve picked up chatter about what a lifeline might look like: securing passage of a clean stopgap and a bipartisan 2024 appropriations process, for instance, in return for Democrats standing down on a motion to vacate the speakership. But don’t believe the hype. Even if McCarthy were inclined toward such an agreement — it would poison his ability to lead Republicans — Democrats are hardly in alignment. There might be “a world where people vote present or vote to table,†one member told us, but Rep. GERRY CONNOLLY (D-Va.) put it this way: “I like him as a person, but why would I want Kevin McCarthy to continue as speaker?†GARLAND VS. GOP — In just a few hours, AG MERRICK GARLAND appears before the House Judiciary Committee for the first time in nearly two years, in what promises to be a long and fiery hearing. For a preview, check out what Chair JIM JORDAN (R-Ohio) posted to X last night: A three-minute video on the HUNTER BIDEN case titled, “Why hasn’t the DOJ been square with us?†Expect Jordan and his GOP allies to press Garland on everything from DAVID WEISS, the special counsel investigating Hunter Biden, to his communications with President JOE BIDEN, to the department’s scrutiny of ELON MUSK and, of course, the investigations into former President DONALD TRUMP. And here’s a taste of what you’ll hear from Garland … “Our job is not to do what is politically convenient,†the AG is expected to say, according to prepared remarks. “Our job is not to take orders from the president, from Congress, or from anyone else, about who or what to criminally investigate. “As the president himself has said, and I reaffirm here today: I am not the president's lawyer. I will also add that I am not Congress’s prosecutor. The Justice Department works for the American people.†That stout defense of the DOJ’s independence comes as attacks on not just the department but individual prosecutors pile up from Republicans defending Trump’s multiple indictments. And, if you read between the lines, it also serves as a response to the Democrats who complained the DOJ took too long in prosecuting Trump. Related read: “Garland to testify before Congress, with his record in the spotlight,†by WaPo’s Perry Stein and Devlin Barrett Good Wednesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
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