Shutdown eclipses longest in modern history

WASHINGTON (WSJ) — The partial government shutdown became the longest in modern US history on Sunday as the impasse over funding for a wall along the US-Mexico border stretched into its 23rd day.

With Congress out of town for the weekend, the current funding lapse has eclipsed the shutdown that stretched from Dec. 16, 1995, to Jan. 6, 1996, under President Bill Clinton.

President Trump has vowed to not sign any spending package that doesn’t include $5.7 billion to build the wall, leaving nine of the 15 major federal agencies without appropriated congressional funds since Dec. 22. Democrats, who assumed control of the House on Jan. 3, have rejected Mr. Trump’s demands for wall funding.

Mr. Trump told Fox News on Saturday that he has barely left the White House for months, adding, “I like the symbol of being here,” he said in an interview on Fox.

He reiterated that he has the right to declare a national emergency but declines to do so.

Mr. Trump vacillated Friday about whether he would declare a national emergency to build the wall, saying “what we’re not looking to do right now” is a national emergency. On Saturday, Mr. Trump said on Twitter that he has a plan to address the shutdown and called on Democrats to return to Washington. “I am in the White House ready to sign!”

“I do have a plan on the Shutdown,” he said. “But to understand that plan you would have to understand the fact that I won the election, and I promised safety and security for the American people. Part of that promise was a Wall at the Southern Border. Elections have consequences!”

With no clear path forward, the president earlier in the week had said he would declare an emergency and divert money from other departments to build the wall without congressional approval, a move that could pave the way to end the shutdown while provoking a legal fight.

Meanwhile, hundreds of thousands of federal employees missed their first paychecks Friday, raising the pressure on lawmakers and the White House to end the shutdown.

House Speaker Nancy Pelosi (D., Calif.), who has told the president the House won’t include wall funding in a spending bill, called the extended shutdown totally unnecessary.

With negotiations unsuccessful, staff at the White House Office of Management and Budget are laying the groundwork for the shutdown to continue through the end of February, according to White House officials who have been briefed on the plans.

In addition, White House officials said, the notion among some advisers is to use their captive audience for the Jan. 29 State of the Union address to have the president admonish lawmakers for a shutdown that at that point would be on its 39th day. It was unclear whether Mr. Trump has been briefed on these discussions.

Some administration officials argue that the White House can risk extending the shutdown because many of the political pressure points that would motivate leaders to find a solution have moderated.

Enough temporary funding is available for millions of Americans to continue to receive food stamps through February, Agriculture Secretary Sonny Perdue has said. The Internal Revenue Service will pay tax refunds even though the agency is subject to the shutdown, after the Trump administration reversed a longstanding policy.

In one sign that lawmakers are feeling some pressure, the House on Friday passed a bill approving back pay for federal employees who missed their paychecks because of the shutdown.

The bill, which the Senate approved late Thursday, mandates that the roughly 420,000 essential employees now working without pay and the 380,000 furloughed workers be compensated as soon as the government reopens. Mr. Trump said Friday he would sign the bill.

If Mr. Trump declares a national emergency, officials may divert military construction funds to build the wall. Federal law allows the president to halt military construction projects and divert those funds for the emergency.

“I don’t want him to do that,” said Rep. Roger Williams (R., Texas), whose district includes Fort Hood. The army base has projects at its barracks and elsewhere that Mr. Williams said he didn’t want to see delayed.

“I would hate to see that money moved around,” he added.

Lawmakers from both parties expressed concern Friday about another financing option the administration is considering: Asking the US Army Corps of Engineers to look into projects approved in a 2018 bill providing disaster relief for Puerto Rico, Texas, California and Florida to see whether funding could be diverted to build the wall if he declares border security an emergency.

“It’s going to piss off a lot of members,” said Rep. Mike Simpson (R., Idaho), a senior member of the House Appropriations Committee.

Democrats warned that if Mr. Trump declares a national emergency to build the wall, he could set a precedent that could backfire on Republicans under a future Democratic president.

“They should be concerned that if he wants something passed, he or she is going to try to bypass the Congress by going this particular route,” said Rep. Henry Cuellar (D., Texas).

But some Republicans pushed Mr. Trump to declare an emergency, given the impasse with Democrats.