Mike Johnson hit with GOP revolt in fiery caucus call over 'damaging' move

A private call among House Republicans has exposed cracks developing within Speaker Mike Johnson's strategy for handling the ongoing government shutdown.

MSNBC.com reported that at least three Republicans pushed back during a GOP caucus phone call on Thursday when they discussed the House not coming back into session again next week.

Many House Republicans have remained out of town amid the shutdown. Johnson has stated in interviews that the House has no reason to return, having already passed a continuing resolution to fund the government. The issue, he noted, lies in the Senate's need to pass his bill.

Reps. Stephanie Bice (R-OK), Jay Obernolte (R-CA) and Julie Fedorchak (R-ND) were the vocal Republicans on the call who wanted members to come back to work next week.

“I think we’re gonna get to a point where it’s damaging to continue to keep the House out of session,” Obernolte said on the call, according to the report. “I think we’ve gotten to that point.”

He argued that it makes House Republicans look as if they are “prioritizing politics over government,” the report continued.

The shutdown, which has already led to widespread freezing of funding for federal projects, comes amid sweeping budget cuts from President Trump and Office of Management and Budget Director Russell Vought. The latter announced he was specifically targeting blue and purple state funds allocated through legislation years ago for green energy projects. It led to allegations of political retribution from Democratic lawmakers, Politico reported.

That, along with the shutdown and new argument of healthcare costs, is making some in the GOP anxious about consequences. Although states like Colorado and California voted against Trump last year, they still have a significant number of Republican members of Congress who must run for reelection in 2026.

Early polling indicates that voters largely blame Trump and Republicans for the shutdown, though a significant portion also holds both sides accountable, according to NBC News.

Meanwhile, the GOP House caucus has refused to engage in any negotiation conversations with Democrats, repeating that they have already passed a stopgap funding bill and there is nothing for them to do.

Republican Rep. Claudia Tenney (NY) yelled at Rep. Marjorie Taylor Greene (R-GA) on the call, saying she wasn't helping matters. The New York lawmaker claimed a woman at a gas station yelled at her to "tell Marge stop supporting Chuck Schumer."

Johnson confessed to reporters that keeping Republicans out of Washington was probably a "better" idea.

“Is it better for them, probably, being physically separated right now? Yeah, probably is,” Johnson said. “Frankly, I wish that weren’t the case. But we do have to turn the volume down.”

Even on issues like ensuring air traffic controllers and military members receive back-pay despite the shutdown, Republicans are refusing to budge. Democrats have called on all lawmakers to return to Washington to pass a quick bill to ensure some essential workers continue to be paid during the shutdown.

House Majority Leader Steve Scalise (R-LA) told MSNBC that the House already passed that, but he's referring, again, to the CR, not a supplemental guarantee of back-pay or payment during the shutdown. Checks for service members would typically go out next week on the 15th, USA Today noted. If the shutdown continues, those checks will not go out.

More Republicans break party ranks: 'MTG was right'

WASHINGTON — In the unusual world of Congress during a shutdown, far-right firebrand Rep. Marjorie Taylor Greene (R-GA) has emerged as an unlikely ally of Democrats, seeking to save millions of Americans from spiraling health care costs. And she's not the only Republican making such an admission.

The government shutdown comes as Republicans call for a "clean" continuing resolution that funds the government as it stands. However, at the end of 2025, the subsidies for the Affordable Care Act, or ACA, will expire.

Democrats want a deal to continue the subsidies, but according to Punchbowl News founder Jake Sherman, "Republicans do not want to extend these Obamacare premium tax credits at all, period."

Democrats may agree with Greene that subsidies help fund costly healthcare premiums, but they aren't welcoming her with open arms quite yet, with Sen. Cory Booker (D-NJ) making a dig at her online, writing, "Even a broken clock is right twice a day."

"Nothing she does surprises me," Sen. Dick Durbin (D-IL) told Raw Story on Thursday. "For a change, she's using common sense."

Some Republicans, too, agree with Greene and the Democrats on extending the subsidies.

When speaking to Senate Republicans who remain on Capitol Hill during the shutdown, Raw Story found more strange bedfellows generated by increasing voter support for tax breaks on healthcare costs.

Sen. Susan Collins (R-ME) said that the Affordable Care Act is "important to a lot of us, not just to Democrats." She agreed that the subsidies should be extended, though she would like to see some reform. She didn't specify what.

"But the sooner we can get an appropriations bill through, the better off we're going to be," she said. "There are many discussions going on, and I have been in very close contact with Sen. Jeanne Shaheen (D-NH), who is very constructive and is trying to find a path forward.

Collins refused to answer about being in a coalition with Greene.

Sen. Thom Tillis (R-NC) told Raw Story that he became the second Republican speaker of the North Carolina state House since the Civil War because he "was convinced" that former President Barack Obama "was going to make a bad healthcare decision."

Now, he appears to have evolved.

"We will be making a bad healthcare decision if we don't help — all we're really trying to do is reduce the waste and abuse," he told Raw Story, noting that it should be a tax cut that nixes high-income wage earners. "I do think there should be skin in the game for people that have means."

Ultimately, he confessed that "MTG is right" and noted that only "a handful of members" want to see the subsidies expire. That isn't what reporters are hearing on the House side, however.

One of those who opposes the subsidies is Sen. Ron Johnson (R-WI), who told Raw Story that "Obamacare totally failed" and Republicans want to "fix it," but "the way to fix it is not to throw more money at it." He went on to call the subsidies "a massive fraud" that "won't fix the problem."

The Kaiser Family Foundation reported that in 2025, "18.7 million (77%) of the total 24.3 million ACA Marketplace enrollees live in states President Trump won in the 2024 election."

'Total joke': Legal experts trash DOJ prosecutor who brought 'bogus' charge against NY AG

Legal analysts were appalled by the report that President Donald Trump's Justice Department had indicted New York Attorney General Letitia James.

The indictment was for "bank fraud" and involved a box that James checked, indicating which property was her primary residence.

James is a long-time foe of Trump's, and he publicly called on Attorney General Pam Bondi to indict James along with former FBI Director James Comey and Sen. Adam Schiff (D-CA). Two of those three have now been indicted.

Michigan Law School Professor Leah Litman pointed to the Supreme Court opinion that handed President Donald Trump immunity: "Investigative and prosecutorial decisionmaking is the special province of the Executive ... allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of [his] exclusive authority."

"A total joke. This will be dismissed, but that's not the point," said legal analyst Benjamin Kabak.

Just Security co-author Ryan Goodman pointed to Oct. 6 MSNBC reporting reading, "Yusi, who oversees major criminal prosecutions in the Norfolk office...confided to coworkers that she sees no probable cause to believe James engaged in mortgage fraud."

Just last month, he pointed out, appeared the CNN report saying, "Justice Department prosecutors in Virginia believe they have not gathered enough evidence to indict Letitia James."

He contrasted it with the Thursday reporting that James had been indicted.

Several legal reporters and experts pointed out that when the news broke that the grand jury was meeting and discussing the matter, it could have been illegally leaked.

The Atlantic's legal writer Quinta Jurecic wrote, "Typically, you don't receive play-by-plays of what a grand jury is doing."

Reuters legal reporter Brad Heath further explained, "Grand jury matters are secret by law. It is surpassingly unusual for the press to learn about a case being presented to a grand jury in real time."

A Delaware lawyer noted, "Typical is long behind us."

Anna Bower pointed out to Lawfare readers that Molly Roberts penned an explainer this week, writing, “It’s hard to imagine a worse case than the one against James Comey—until you see the one against the attorney general of New York.”

"Good piece, but all you REALLY need to know about the indictment is that it was personally secured by Lindsey Halligan, the wildly unqualified Trump lackey who was installed (illegally, it seems) for the lone purpose of bringing these bogus charges. This will not result in a conviction," commented Slate legal writer Mark Joseph Stern about the Roberts article.

Lawfare's Roger Parloff dropped legal jokes.

"So not only can you indict a ham sandwich, you can be indicted *by* a ham sandwich," he quipped.

Meanwhile, the Eastern District of Virginia, where James was indicted, is next door to the Washington, D.C. district in which a grand jury refused to indict a man for throwing a sandwich.

'Idiotic!' Mike Johnson and House Republicans slammed for going MIA during shutdown

Punchbowl News co-founder Jake Sherman was animated, speaking to MSNBC on Thursday about Republican members of the U.S. House being missing in action during the government shutdown.

Speaker Mike Johnson (R-LA) has argued that there's no reason for the House to be on hand to negotiate on healthcare subsidies because the House already passed its portion of the measure that would continue to fund the government.

Johnson got a call from a Republican mom in Virginia who wagged a verbal finger at the speaker on C-SPAN, saying he has the power to bring back the House and end the shutdown.

"My kids could die!" she told him, explaining that her credit was terrible because of the medical bills she faces.

Johnson rambled about soldiers in his district, promised he cared, and said "Republicans are the ones who are delivering for you."

But Sherman explained that the issue is that "Republicans do not want to extend these Obamacare premium tax credits at all, period." So, the lawmakers returning to Washington to negotiate may not be effective because they're the ones refusing to reinstate the subsidies that weren't extended in the "Big Beautiful Bill."

Democrats "have effectively made a demand that most Republicans don't want."

MSNBC host Katy Tur mentioned the "optics of keeping the House out."

"Which is idiotic! It's absolutely idiotic!" exclaimed Sherman. "Like I cannot — and I'm sorry for interrupting you because Mike Johnson's mad, but I am mad, too, Katie. I mean, it is — it's crazy that in the middle of a now nine-day shutdown, the House is out of session. I mean, it's their job to be here. It's their job to legislate!"

He believes the shutdown might drag on longer because House members face no pressure since they're not in Washington.

Sherman speculated about the tipping point for Republicans on the Affordable Care Act subsidies, as many Americans will see premiums increase significantly.

"But the health care issue has been kryptonite for Republicans in the past," he added.


'Ominous answer': Trump admin hearings leave analysts taken aback

Portland, Oregon, and the state of Illinois went to court with President Donald Trump's administration on Thursday in an effort to block the federal government from deploying any state's National Guard troops to handle crime in their cities.

Homeland Security Secretary Kristi Noem also told the president that she wants to purchase additional facilities for ICE to use amid the alleged siege in Oregon. She stated that the facilities are necessary because she lacks trust in the local officials. She went on to call the mayor, superintendent of the highway patrol, and chief of police liars.

"They are all lying," she told Trump. "And disingenuous and dishonest people."

In Oregon, the Justice Department told a three-judge panel that in Portland, there are “violent people” and that there is a significant risk of more violence "if at any point we let down our guard," Newsmax correspondent John Huddy posted on X.

Legal and political analysts and reporters watched the cases with digital shock.

Oregon state lawyer Stacy Chaffin argued that the examples of "violence" cited in the filing suggest the protests are waning, as there hasn't been any violence in months that local police can't handle themselves.

It didn't matter much, with conservative Judge Ryan Nelson, who skipped past discussing the DOJ's accusations of "a rebellion or danger of a rebellion against the authority of the Government United States," observed appellate lawyer Gabriel Malor while live-posting about the hearing. Instead, Nelson went to a claim by the DOJ that the president has an "inability to execute the laws."

Marlor also pointed to a comment from Nelson saying, the determination is "not all driven by what we see on the streets," suggesting that there is behind-the-scenes information that the court doesn't have.

For Oregon, Chaffin said, "On this record, there was not evidence that sporadic violence was a rebellion to justify federalizing the National Guard."

Legal analyst Benjamin Kabak called it a "judicial disaster."

Supreme Court reporter Kate Riga noted that Nelson and fellow conservative, Judge Bridget Shelton Bade, were "really trying to outperform each other in their eagerness to give Trump the ability to deploy the Guard to unwilling states based on events that occurred months earlier. Lotttt of beating up on Oregon's Judge Immergut, who blocked deployments."

"Oh, Lord that Ninth Circuit hearing was bad. Let's console ourselves with this nice TRO out of Chicago blocking ICE from gassing peaceful protesters and journalists," said "Law and Chaos" writer and podcaster Liz Dye on Bluesky.

That same argument appeared in Illinois, where Judge April Perry asked whether the federal agents are unable to execute the law because of the feds' "own provocation, does that matter under the law?"

Federal courts reporter Jon Seidel captured the exchange between Perry and Justice Department attorney Eric Hamilton, who claimed, "No, if that were true, the fact still remains that we are seeing sustained violence against federal personnel and property in Illinois."

Perry cited violence like the slashing of tires or a car being keyed. "Some of this frankly sounds like a Carrie Underwood song," said Perry.

It was a statement that triggered Hamilton, who claimed that there was an attack with an IED. Perry asked him what was in the IED, and Hamilton didn't know. There were no legitimate reports to confirm such a report, only a video from a Tucker Carlson staffer who posted a video that didn't confirm the claim.

At one point, law school Professor Carolyn Shapiro noticed Perry "echoing Judge Immergut’s conclusion that the President’s claims about conditions in Oregon are 'untethered to the facts.'"

Indeed, Seidel cited Perry asking whether the evidence being used wasn't real.

Hamilton also argued that the court need not have a definition for what "rebellion" means, but the judge wasn't having it.

Law school Professor Charlotte Garden cited an "ominous" exchange in which Perry questioned the Justice Department on the definition of "rebellion." She said that by the DOJ's definition, "literally all nonviolent protest” could be considered evidence of a rebellion. She questioned whether that was the DOJ's argument.

Hamilton responded that Trump is the one who has decided that there is "danger of a rebellion" and said Perry must defer to that finding.

"The most ominous answer I can imagine," said Garden.

'Underwater' Trump needled for sinking Texas polls as Jasmine Crockett's numbers climb

A new poll released by the University of Houston and Texas Southern University revealed shocking details about top Republicans in the state, and it's leading to wisecracks from foes.

The Austin American-Statesman released the details of a poll taken over the course of a few weeks in September and into October that showed that President Donald Trump's poll numbers are down 7% while Rep. Jasmine Crockett (D-TX) and former Rep. Colin Allred have both seen their poll numbers climb.

One reason Crockett enjoys such high numbers is that she also faces a hefty percentage of voters who don't know who she is, said Natalie Jackson, National Journal pollster and columnist, on X.

Lakshya Jain, the head of political data at "The Argument," questioned the poll, specifically the Allred and Crocket numbers, saying simply, "no."

Jackson explained, "Also, Allred is at +11 and Crockett at +7 because of the 19/29 percent [don't knows]. Republicans don't know/care who they are yet, so Dems are inflating them."

She also noted that those numbers only confirm what has been seen with Trump for months.

"Trump's approval is underwater at about that rate in every Texas poll that's been released the last few months. I mean, it started in June," Jackson wrote on X.

Texas Tribune correspondent Gabby Birenbaum pointed out that where Trump has lost ground are key demographics that led to his coalition: "independents, Gen. Z, and Latinos."

National security lawyer Bradly P. Moss pointed to the results of the U.S. Senate race, which will have the primary election in March 2026. Those numbers show that Attorney General Ken Paxton (R) and Sen. John Cornyn (R-TX) are in a statistical tie.

"It’s still crazy early, but polls like this have to worry Republican Senate leadership for 2026," said Moss on Bluesky. "If Paxton wins his primary, he is very vulnerable in the general election. If it’s a Blue Wave, which is very plausible, he could fall victim to it. Even in Texas."

The numbers show that were Paxton to win the GOP primary, Democratic challengers would be within only a few points of striking distance with still 4-7% of voters "unsure."

The San Antonio Express went so far as to say that Crockett owns the best numbers in the Senate race.

However, Texan Rebecca Marques at LULAC, pointed out that the poll was "useless" because Crockett and former Rep. Beto O'Rourke aren't running for the Senate seat.

"Don’t understand why that soft faced dude does all these polling for everyone. Remember when he said Shawn Thierry would win the primary lol I have no horse in this race but voters needs to know where the race actually is!" she said.

Crockett was drawn out of her district in the mid-decade redistricting done by the Texas legislature, a Texas physician pointed out.

Sen. John Cornyn also pointed out the poll, promoting Crockett's numbers. However, Jennifer Haubein, a digital marketing professional in Houston, said it likely won't matter to Cornyn, as he'll be voted out in the primary.

'Does not fit': Top Democrat questions Speaker Mike Johnson's policy on biblical grounds

Democrats targeted Speaker Mike Johnson's (R-LA) faith in a Thursday interfaith press conference about the ongoing government shutdown.

Interfaith leaders and members of Congress met at St. Mark's Episcopal Church in Washington to continue advocating that Affordable Care Act subsidies not be slashed at the end of the year. As it stands, the subsidies will expire, and the current government funding will not continue the aid. So, Democrats have fought back against the continuing resolution that would end the shutdown, but also wouldn't deal with the subsidies.

Rep. Rosa DeLauro (D-CT) began by citing Chapters of the Bible before specifically calling out Johnson's own beliefs as conflicting with those.

"God is in our midst and we are not going to cower," DeLauro began, referencing Psalm 46:5.

She noted that, being raised as a Catholic, her values and her faith were "inseparable." Those values, she said, may have been part of her faith, but the same belief is something that all faith traditions adopt such as "care for the vulnerable, welcome the stranger, to feed the hungry, and to heal the sick." The words reference Matthew 10:8.

"Speaker Johnson, he says that his beliefs are rooted in the Bible. That the Bible is his worldview. And I would just say — he is a man of faith. I would agree to that," continued DeLauro. "But the bible is replete with guidance of attention to acts as a community to focus on the poor. And the Bible lays out a faith-based policy agenda. It espouses social justice. Exodus commands not to oppress the poor or the stranger whose cry God will hear. Leviticus set aside a share of the harvest for the poor. The Gospel of Matthew on the need for a living wage. The Letter of James on the obligation not to show favoritism for the rich or the needy."

She confessed that she doesn't understand when people of faith, such as the speaker, say they don't feel that "the healthcare crisis" doesn't fit within that worldview. "It does not fit with that worldview."

Democratic Minority Leader Hakeem Jeffries (D-N.Y.) similarly used the biblical worldview to justify aid "the least among us," as Fox News reporter Chad Pergram captured.

'Less evidence than a ham sandwich': Lawyer mocks DOJ as another prosecution collapses

Another U.S. attorney under President Donald Trump's Justice Department has failed to get an indictment from a grand jury, although this time it was in Chicago, not Washington, D.C.

There have been a handful of grand juries in Washington that refused to indict protesters and other angry citizens who responded to federal agents being sent into the city. Now, Chicago is following suit.

A federal grand jury refused to indict a couple carrying firearms while protesting at the Broadview ICE facility outside Chicago. Republicans have been the main political party that has opposed any restrictions or regulations on firearms, but U.S. Attorney Andrew Boutros' office went after them as "armed rioters." The office has since asked that the charges be dismissed.

The couple is part of a group of protesters taken by federal agents while protesting. A third person also had his charges dropped when new footage was revealed showing the encounter.

"The three are among more than a dozen protesters arrested and charged by federal agents since late last month, according to court records," reported the site Block Club Chicago. "They were also among six people federally charged so far in cases stemming from protests that began last month outside ICE’s processing facility in Broadview, meaning that half of those cases are no longer proceeding."

The judge agreed to dismiss the charges.

“I’ve been practicing law for 54 years and I’ve never had another client with no bill returned,” lawyer Richard Kling told Block Club Chicago about his client. “This is a once-in-a-lifetime for me.”

Kling recalled the adage that a grand jury can "indict a ham sandwich," a quote that mocks the ease of scoring an indictment because there is no defense possible in the grand jury.

Prosecutors apparently had “less evidence than a ham sandwich” against his client, Kling told the Block Club.

Assistant U.S. Attorney Brian Havey revealed that the decision to drop the case came directly from the top, The Sun-Times said.

The couple's names were blasted out on X to ICE's 1 million followers saying, "Federal agents arrested armed rioters Jocelyne Robledo and Ray Collins for assault at ICE’s Broadview facility. They will be prosecuted and held accountable. ... We will not be deterred."

The post with their photos has not been deleted.

A different judge released Collins after it was discovered he had a license to carry the gun.

U.S. Magistrate Judge Gabriel Fuentes demanded answers from the AUSA as to why the grand jury refused to indict, and the lawyer claimed it had been known to happen.

Prosecutors have approximately two weeks to decide whether to file additional charges.

The Sun-Times also noted that a protester named Luci Mazur also had charges dismissed "after reviewing additional body camera footage depicting Mazur’s Sept. 27 encounter with federal law enforcement outside the Broadview facility."

FBI Special Agent Steven Mallon accused Mazur of signing an affidavit claiming Mazur refused "a lawful order to step back." Mazur was then alleged to have grabbed the agent, and the two ultimately ended up on the ground. The sworn affidavit claims Mazur "continued resisting arrest."

The prosecutors then claimed that they had viewed the video evidence, which "corroborated the complaint’s version of events."

However, when they went to court, Assistant U.S. Attorney Jeffrey Snell told the judge that they "obtained new footage" of the encounter that "caused the United States to determine to not proceed with this case at this time," the Sun-Times reported.

Read the full report here.

'My blood is boiling': Ex-GOP governor​ rails at Trump after violent raid

Even conservatives are reacting with anger over the raid in Chicago last week that left children nearly naked and zip-tied on the streets.

Speaking to MSNBC on Wednesday, former Gov. John Kasich (R-OH) said that he's all for enforcing immigration laws, but seeing the raid was infuriating.

His comments followed MSNBC's Jacob Soboroff, who said he's seeing a lot of "cognitive dissonance" from the White House regarding the reality of cities like Chicago and Portland. He pointed to a report speaking to people who live in cities who dispute Trump's claim that they're a "war zone," "lawless," and "on fire."

"The raid on that apartment building in Chicago, where they brought in the helicopters and they were rappelling down, and they were breaking in and putting kids in, in, in these zip ties, completely and totally outrageous," said Kasich. "It makes a situation really, really bad. It's an outrageous situation. Really, really bad. It's outrageous. Okay? That's something that should be explained to people in the administration. I never given up communicating with people who have authority and power to a point where I can call on them to help me. But that raid in Chicago was just, I'm just still, my blood is boiling over that raid. And nobody supports that. Nobody."

Soboroff explained that the cruelty is the purpose of such raids.

"And I don't know if any level of communication with the Trump administration is going to stop them from these shows of force," he recalled the border patrol marching through MacArthur Park in Los Angeles, and never arresting anyone.

"Let me ask you a question or our audience a question?" Soboroff pivoted. "Why would they be out there with documentary video crews taking high definition video of that raid on the apartment building Gov. Kasich is talking about? ... If they didn't know exactly what they were doing and doing, exactly what they wanted to do. They are documenting all of these things and putting them out for the world to see, because that is the point."

He said he hoped there could be some level of dialogue, but it didn't seem as if the federal government was open to it from his vantage point.

Host Katy Tur noted that there's already a clearly identified pastor wearing a clerical collar, who is suing the federal government after being hit with pepper bullets while praying. Pastor David Black, of the First Presbyterian Church of Chicago, was sprayed directly in the face with pepper-spray.


'We took the freedom of speech away': Trump makes eye-popping remark during roundtable

President Donald Trump gave off-the-cuff remarks at a round-table meeting on Wednesday that included Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, FBI Director Kash Patel, and others, where he acknowledged his administration has taken away some freedom of speech rights.

Trump talked about his administration demanding a mandatory minimum of one year in prison for "inciting riots."

"We took the freedom of speech away because that's been through the courts, and the courts said you have freedom of speech, but what has happened is when they burn a flag, it agitates and irritates crowds. They've never seen anything like it. On both sides," Trump claimed.

The U.S. Supreme Court decided in the 1989 case Texas v. Johnson that flag burning fell under a right protected by the First Amendment.

"You end up with riots. So, we're going on that basis," Trump said, turning to Bondi. "We're looking at it not — from the freedom of speech. I always felt very strongly about it. But it never passed the courts."

'Not helping': Ex-Trump White House lawyer warns president is hindering his retribution

A former advisor to Donald Trump warned the president Wednesday that he's not helping himself when it comes to his campaign of retribution against his perceived political enemies.

Speaking to CNN on Wednesday, Jim Schultz, a former White House lawyer, was asked what he would advise Trump to do when it comes to allegations around his targeting of FBI Director James Comey.

"So, I've said time and time again, the president's comments relative to this case are not helpful to any prosecutor [who is] prosecuting the case. [It] makes the case very, very — incredibly more difficult, right?" said Schultz.

Trump made a demand of Attorney General Pam Bondi on his Truth Social account that she indict Comey. In the days that followed, a U.S. attorney who refused to indict Comey was fired, and charges were filed by the Trump loyalist, who took his place.

That said, he noted that Comey's attempt to dismiss based on "selective prosecution" or "vindictive prosecution" will be a challenging endeavor.

"You know, on behalf of a defendant, you have to have a discriminatory purpose, a discriminatory effect, meaning that the effect is that other folks who ... have lied, who have been alleged to have lied before Congress, haven't been prosecuted for this," said Schultz. "We've seen it in the Nixon administration during Watergate. It happened again during the Iran-Contra affair, and a number Iran-Contra scandals and a number of other scandals that have, that we've seen throughout many other presidencies."

He, like many legal analysts, has said it's a high burden to meet.

"But I also think that it does make it more difficult for the prosecution because out of the gates, they're dealing with a motion to dismiss that," Schutlz continued. "They probably wouldn't otherwise be dealing with, although there are pretty good facts here for the defense on this relative to selective prosecution, [it's] really hard to meet that burden."

'Coin-flip chance' Trump does it to me: Ex-official fears he will become next Comey

Former Department of Homeland Security chief of staff Miles Taylor thinks he's probably next on the list of people to get the James Comey treatment from President Donald Trump.

Trump demanded that the Justice Department act on the former FBI director with a prosecution. On Wednesday, Comey was arraigned in court, and Taylor was in court to watch.

"I showed up because I agree or disagree with James Comey's decisions over the years, to me, this is so obviously a case of selective and vindictive prosecution, and sets an extraordinary precedent. Now, I'd be remiss if I didn't say I think that precedent probably affects my fate as well. I'm on the president's enemies list. I think that there's a coin flip chance he tries to put me in the same shoes as James Comey, charge me with something that's obscure," Taylor surmised.

He went on to assert Comey's rights are being violated — and that would apply to anyone in that situation.

"I think it was important for people to go up there, including former Trump officials like myself, to be there at the courthouse and to point out that this is, again, a vindictive prosecution," Taylor added.

'Come and get me': Dem gov dares Trump to make good on arrest threat

Illinois Gov. J.B. Pritzker (D) spoke to an MSNBC reporter on the ground in Chicago for protests around the deployment of federal agents to raid the city.

President Donald Trump issued a Wednesday morning demand for Pritzker and the city's mayor to be put "in jail for failing to protect Ice Officers (sic)!”

Department of Homeland Security Secretary Kristi Noem has claimed that federal agents have been threatened with violence.

"Let's start with the idea that this is a convicted felon," Pritzker said, speaking to Trump's 34-count conviction in a New York court. "I mean, think about that. Who is threatening to jail me? I gotta say, this guy is unhinged. He's insecure, he's a wannabe dictator."

Pritzker then deployed his own tough talk, issuing a warning to Trump, "If you come for my people, you come through me. So come and get me."

Neither Pritzker nor Mayor Brandon Johnson has been charged with any crimes.

Reporter Jacob Soboroff asked Pritzker whether Trump would follow up on the threat.

"Well, you know the expression, 'Trump Always Chickens Out,' TACO," the governor said of the popular acronym. "And I gotta say, he can't — we've done nothing wrong here. And very importantly, it's Donald Trump that is breaching the Constitution, breaking the law. We're taking him to court. And I believe we're going to win."

White House wallows in 'lame-duckism' as Dems gain upper hand in shutdown: ex-Trump aide

A former aide to President Donald Trump is seeing a shift in power to the Democrats as the government shutdown persists.

Republicans control the House, Senate, and White House, but have failed to pass a continuing resolution to temporarily fund the government. They seek help from Democratic senators, who are drawing a hard line on reinstating healthcare subsidies for Affordable Care Act users. Republicans have refused to agree, saying they'd only talk about the subsidies after the shutdown ends.

Speaking to MSNBC, former press aide Sarah Matthews said Trump is "definitely not making it easy on or for the Republicans in the House and the Senate right now, because their messaging seems to be all over the place. They seem to be in disarray, as we would say."

She surmised that it might be the first time since Trump took office that "Democrats actually have the upper hand, and that they all seem to be singing from the same song sheet. They know what their priorities are and what they want out of a deal."

Democrats appear to be winning the battle with the public, however. The CBS News/YouGov poll, taken between Oct. 1 and Oct. 3, found that 39% of respondents believe Trump and his fellow Republicans deserve the most blame for the shutdown, while only 30% blame Democrats.

By contrast, she said Republicans "are a bit all over the place. And that largely has to do with the message that's coming from Trump and him putting out these things that kind of seem to fly in the face of each other."

In one prominent example of GOP disarray, Rep. Marjorie Taylor Greene (R-GA) argued that the healthcare funds should be reinstated. Matthews said Greene could help Republicans agree to such a deal.

The CBS/YouGov poll also indicates that 52% of Americans surveyed don't approve of how Trump and the Republicans have handled the shutdown.

"Look, there are plenty of Republicans who are going to be at risk for holding on to their seat when it comes to the 2026 midterms, and health care will be a large part of that if these premiums end up doubling," Matthews explained.

Separate polls show that a majority of Trump voters support the Democrats' healthcare demands.

"I also think this is a blatant example of lame-duckism being on the forefront now, and that this is something that the Trump administration is going to have to deal with, where some of these Republicans might actually find their spine and be willing to go against the president," Matthews added.

Matthews closed, "Whereas, we haven't typically seen that from many Republicans in the past."

NY Times wins lawsuit to obtain Elon Musk's government security info

Politico legal reporter Kyle Cheney reported on Wednesday that The New York Times has won its lawsuit, which requested a list of Elon Musk's security clearances.

Musk's companies have several government contracts, and Musk himself worked for President Donald Trump's administration in the first few months of the administration as a special government employee.

The Times requested "a single, two-page document listing any security clearances granted to Elon Musk." The judge wrote that the U.S. Defense Counterintelligence and Security Agency (DCSA) had claimed that such a document would "invade Musk's privacy." Ultimately, both sides requested a quick judgment from U.S. District Court Judge Denise Cote, and it was granted.

"Elon Musk -- whose security clearances, if any, are the subject of the plaintiffs’ FOIA request -- is the founder of several companies, including SpaceX and Starlink," said the court in the statement of facts. "The federal government has awarded numerous contracts to SpaceX over the past decade, which make it one of the largest federal contractors. It is not disputed that SpaceX handles sensitive government information. It is also not disputed that Starlink, a subsidiary of SpaceX, also contracts with the federal government and provides satellite-based internet services relied upon by the military."

The judge also noted that "during his time as a major government contractor and as a special government employee, Musk has publicly discussed his security clearance."

Musk's own posts on X and statements in town hall meetings were part of his undoing, the court's ruling explains.

"DCSA has not met its burden to prove that Musk’s privacy interest outweighs the significant public interests in disclosure," Judge Cote wrote. "Even applying Exemption 7(C)’s more privacy-protective standard, DCSA has failed to establish that disclosure of the requested document 'reasonably can be expected to constitute an unwarranted invasion of [Musk’s] personal privacy,' 5 U.S.C. § 552(b)(7)(C), given Musk’s own public statements, the narrow scope of plaintiffs’ FOIA request, and the substantial public interests at stake. Moreover, to the extent any detail in the document invades Musk’s personal privacy beyond the issues discussed here, the defendant may propose redactions for the Court’s ex parte, in camera review."

Read the ruling here.