The Latest: Democrats vote down federal funding bill, putting government on path to shutdown

The U.S. government is on the brink of the first federal government shutdown in almost seven years, as Senate Democrats voted down a Republican bill to keep funding the government.

The 55-45 vote Tuesday on the bill to extend federal funding for seven weeks fell short of the 60 needed to end a filibuster and pass the legislation. It came as Democrats are making good on their threat to close the government if President Donald Trump and Republicans won’t accede to their health care demands.

The Senate adjourned for the day without extending government funding, meaning a shutdown at 12:01 a.m. Wednesday was certain.

Some government functions — like NASA’s space missions, President Donald Trump ’s immigration crackdown and certain public health work at FDA and the USDA — would continue during a shutdown.

Earlier Tuesday, Trump emphasized his vision of using the military for domestic purposes during a speech to top U.S. military officials. He emphasized handling “the enemy within,” referring to criminals and immigrants who are in the country illegally.

Trump was joined by Defense Secretary Pete Hegseth at the unusual gathering of hundreds of U.S. military leaders who were abruptly summoned to Virginia from around the world for an unveiling of new directives to end “woke” culture in the military.

Here's the latest:

National Guard mission in Oregon to cost at least $3.8M in federal funds

Calling up 200 members of the Oregon National Guard for an 80-day order — including a 60-day mission, with other time for training and demobilization — will cost the federal government at least $3.8 million, the Oregon Military Department’s director for government and legislative affairs, Russell Gibson, told state lawmakers on Tuesday.

That figure is for troop pay and allowances, he said, adding that “there are other logistics costs that we are still working through,” such as meals and lodging.

In a memo to state leaders over the weekend, the Defense Department said 200 members of the state’s National Guard will be placed under federal control for 60 days to protect federal property. There have been nightly protests at the U.S. Immigration and Customs Enforcement building in Portland, which peaked in June and typically drew a couple dozen people in recent weeks before the deployment was announced.

Court disqualifies Trump-appointed US attorney in Nevada from overseeing multiple criminal cases

A federal judge has disqualified Trump-appointed Nevada federal prosecutor Sigal Chattah from several cases after concluding that she is “not validly serving” as acting U.S. attorney for the state.

Nevada federal public defenders in four cases challenged Chattah’s appointment, arguing that her term expired in July after she was appointed by Trump in April.

According to federal law, if a permanent U.S. Attorney is not nominated by the president and confirmed by the Senate within 120 days, judges of the Nevada District Court can appoint an interim U.S. Attorney until the vacancy is filled.

Arizona federal District Judge David G. Campbell ruled that Chattah is disqualified from supervising the four criminal prosecutions or any attorneys in the handling of the cases.

Trump displays ‘Trump 2028’ hats during leaders meeting

The president had some extra decor during the Oval Office meeting with congressional leaders on Monday: red “Trump 2028” hats.

Of course, the president cannot constitutionally run for a third term. But that has not stopped his allies — nor Trump himself — from flirting with the option.

He posted photos from the Oval Office meeting with the hats prominently displayed on the Resolute Desk.

Trump has a tendency to occasionally post digitally altered content on social media, but two people with knowledge of the meeting confirmed that the president did have those hats out as he sat down with Republicans Mike Johnson and John Thune, and Democrats Chuck Schumer and Hakeem Jeffries.

The people were granted anonymity to discuss a private meeting.

5th Circuit to hear Alien Enemies Act appeal

The conservative appeals court Tuesday night vacated a ruling by a three-judge panel in which a majority found the Trump administration was misusing an 18th century wartime act to target a Venezuelan gang.

One judge on the circuit, Leslie H. Southwick, wrote that the decision will delay an inevitable final resolution to the unprecedented case by the U.S. Supreme Court. The nation’s highest court can only hear the case after the 5th Circuit is done with it.

But another judge, James C. Ho, apparently writing for the majority, noted that the Trump administration asked the entire circuit to weigh in first.

Senate adjourns without keeping government open, meaning shutdown is certain

The Senate has adjourned for the day without extending government funding, meaning a shutdown is certain at 12:01 a.m. Wednesday.

Democratic senators voted down House-passed legislation to keep the government running for the next seven weeks and Republicans said they would not negotiate on the bill, leaving Congress at an uncertain impasse.

Senators will return to work Wednesday morning. Senate Majority Leader John Thune says he’s hoping that enough Democrats will change their votes to reopen soon.

The House is not in session this week.

Federal agents grab and shove journalists outside NYC immigration court, sending one to hospital

The clash Tuesday is the latest between authorities enforcing Trump’s immigration crackdown and members of the public seeking to observe and document their actions.

A visual journalist identified as L. Vural Elibol of the Turkish news agency Anadolu hit his head on the floor at 26 Federal Plaza in Manhattan after U.S. Immigration and Customs Enforcement agents pushed one journalist off an elevator and shoved another to the floor, according to video and witnesses.

A bystander held Elibol’s head and a nurse treated him until an ambulance arrived, witnesses said. The other journalists, amNewYork police bureau chief Dean Moses and Olga Fedorova, a freelance photographer whose clients include The Associated Press, were not seriously injured.

Homeland Security Assistant Secretary Tricia McLaughlin defended the agents’ actions, saying they were being “swarmed by agitators and members of the press, which obstructed operations.”

Fedorova said photographers had worked in the hallway outside immigration court for months without incident. The agents making arrests Tuesday, she said, didn’t announce any limits to where journalists could go, and they hadn’t made it clear they were making an arrest when they got on the elevator.

National parks to stay ‘generally’ open while most staff furloughed

The National Park Service plans to furlough about two-thirds of its employees while keeping parks largely open to visitors during the federal shutdown, according to a contingency plan released Tuesday night.

The plan says “park roads, lookouts, trails, and open-air memorials will generally remain accessible to visitors.” It says sites could be closed if damage is being done to park resources or due to excessive garbage buildup.

The plan also allows parks to enter into agreements with states, tribes or local governments willing to make donations to keep national park sites open. The park service has more than 400 sites, from large national parks such as Yellowstone and Grand Canyon to national battlefields and historic sites.

Of the park service’s 14,500 employees, 5,200 will be retained during the shutdown.

Many national parks stayed open during a 35-day shutdown in Trump’s first term. Limited staffing led to vandalism, gates being pried open and other problems.

Physical testing in military could ‘disqualify highly qualified individuals,’ Air Force veteran says

From the outset of Jennifer Ross’ two-decade career in the Air Force, she felt every step in her career path was clearly outlined by formulaic processes for promotion.

“The military is a unique way for women to start on equal footing,” Ross, 43, said. As someone who grew up in a low-income family, she was drawn to the stability of the career path, as well as the ethos of service. What she initially thought would only be a six-year career turned into four deployments to Kuwait, Iraq and Afghanistan.

Ross, who now works for the Iraq and Afghanistan Veterans of America, supports gender-neutral physical testing for military jobs that require specific skillsets. But she said making all physical testing gender neutral would be a step too far and could undermine meritocratic systems.

“There was no need for me to be able to perform at 100% gender neutral standard in order to sit at my desk and be a solid intelligence analyst,” Ross said.

Now, Ross is concerned that changes to physical testing “runs the risk of disqualifying highly qualified individuals.”

“There’s no rational strategy,” she said.

Senate Majority Leader says he’s open to conversation on health care credits

Senate Majority Leader John Thune says he’ll continue to press Democrats to vote for legislation to fund the government mostly at current levels, but if that passes, he’s open to negotiating with Democrats on one of their heath care priorities.

Thune says there are “conversations” happening with Democrats about the government funding bill. He also says he’s open to talks about extending tax credits for Affordable Care Act plans, but only if Democrats acknowledge there will be significant changes from the current program.

But it appears that’s not happening with Senate Democratic leader Chuck Schumer. Thune says if Schumer wants to talk, “He knows where I am. Right here, on the floor, 6 feet away from him.”

Federal agencies ordered to start shutdown plans

Trump’s budget office posted a letter with instructions from Director Russ Vought immediately after the failed Senate vote.

“Affected agencies should now execute their plans,” Vought wrote.

He told employees to come to work Wednesday to “undertake orderly shutdown activities.”

Senate Democratic leader calls on Republicans to negotiate on government funding

Senate Democratic leader Chuck Schumer says that the failed vote to fund the government shows that Republicans must enter a negotiation to gain their support.

“They’ve got to sit down and negotiate with Democrats to come to a bill that both parties can support,” said Schumer, a New York Democrat.

Democrats are demanding that Congress extend tax credits for health care plans offered under the Affordable Care Act.

Trump pulls nomination of E.J. Antoni to lead Bureau of Labor Statistics, AP source says

The White House is withdrawing the nomination of E.J. Antoni to lead the Bureau of Labor Statistics, an AP source says. The person spoke on the condition of anonymity to discuss the White House action, which hasn’t been publicly announced.

The White House did not immediately respond to a request for comment. The Senate received paperwork formally withdrawing Antoni’s nomination on Tuesday, the person said.