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With assists from POLITICO’s Congress team

TICK TOCK: The government will shut down in four days if Congress can’t pass a funding patch.

HOW HOUSE DEMOCRATS PLAN TO CIRCUMVENT MCCARTHY

House Democrats are closely watching what the Senate can do with its stopgap funding bill this week. They’re also discussing how they could eventually force it past the House conservative blockade.

Broadly, they have two wonky options if Republican leadership refuses to bring up the Senate bill, or any bipartisan stopgap to keep the government open:

1. Defeating the previous question (we’ll explain this in depth below)
2. A discharge petition

Both paths have the same problem: they require at least some GOP support, which hasn’t materialized yet — though party centrists have threatened to work with Democrats if hardliners continue to oppose shutdown-prevention measures. And conservatives are still very much refusing to move any stopgap bill, let alone one that could get bipartisan support in the Senate.

A discharge petition comes with slightly more complications though, as it would require 218 signatures and then seven days to ripen before lawmakers could use the measure to force a floor vote. Defeating the previous question, while a complicated concept, only requires a key vote on the floor and no waiting period.

Where Republican support stands: A group of Republicans, including Rep. Marc Molinaro, are still discussing signing a discharge petition generally, though the New York Republican brushed off questions about the timing and appeared skeptical the Senate bill could get to the floor.

“We don’t lack legislative vehicles to solve the problem,” Democratic Caucus Chair Pete Aguilar (D-Calif.) said on Wednesday. “We lack the will among Republicans to get there.”

Aguilar argued the Senate CR would ultimately be the bill to end the shutdown, but “Kevin McCarthy is the only person that doesn’t want to believe it.”

How House Democrats approach the shutdown ultimately rests with their leader, Hakeem Jeffries, who hasn’t publicly weighed in on alternative options yet. However, he did advocate for the Senate CR on the floor Wednesday, saying it “will pass if it reached the floor of this chamber.”

But every day that goes by, especially once the shutdown starts, is liable to further vex both Democrats and centrist Republicans. McCarthy’s trashing of the Senate CR as he advanced party-line spending bills has already angered Democrats.

“I’m waiting to see white smoke come out of the chimney, to hear that they’ve written something, but every time they come up with something, they pull it,” said Rep. Jim McGovern (D-Mass.), the top Democrat on Rules.

Important to note: Democrats aren’t getting specific with us, yet, about their most likely avenue to try to force a vote on a stopgap spending measure. But we expect to hear more as the hours tick closer to the Saturday midnight deadline. They’re still in the minority, though, so there’s only so much they can do without GOP help.

— Nicholas Wu and Daniella Diaz, with assist from Katherine Tully-McManus

GOOD EVENING! Welcome to Huddle, the play-by-play guide to all things Capitol Hill, on this Wednesday, Sept. 27 where we can’t stop looking at this photograph.

MAKE PROCEDURE DANGEROUS AGAIN

So coming back to that wonky procedure: If you’re feeling defeated when you hear “defeating the previous question,” here are some answers on the maneuver that could shake up the Hill this week.

We’ve seenHouse conservatives embrace voting down rules this term, which essentially paralyzes the floor and blocks legislation from moving forward. But there’s another move that empowers a dissatisfied majority and hands them the reins to decide what goes on the floor.

The previous question (often called a PQ by procedure nerds), comes up before a rules resolution on the floor. While defeating a rule blocks GOP leaders from doing something, defeating the previous question allows the naysayers to move forward with their own legislation.

Preemptive play by play: If Democrats can convince enough Republicans to vote no on the previous question, it leaves the rule live on the floor and open to amendment and further action. That’s more dangerous for McCarthy than simply defeating the rule. A Democrat-GOP coalition could then offer an alternative and insert a rule to move either the Senate CR or their own version of a stopgap bill — such as the one endorsed by the bipartisan Problem Solvers Caucus.

The new rule would pave the way for floor action on the CR-alternative, effectively forcing a vote on this whole new proposal against the speaker’s will.

Timeline: There’s a rule set for a vote Thursday. If a coalition is truly building, that’s the earliest it would happen.

Leadership pain: Defeating the previous question “terrifies leaders so much more than a rule defeat,” says Matt Glassman from the Government Affairs Institute at Georgetown. It’s seen as “truly a declaration of war against the leadership.”

“You aren’t just saying no to their agenda, you are seeking to substitute your agenda,” he said.

Power to the mods: In this scenario, the GOP votes against McCarthy’s plan would come from the centrists, who have become infuriated by conservatives hijacking the spending debate.

Are any Republicans actually willing to go through with this?: Centrist Rep. Don Bacon (R-Neb.) called using a previous question “one angle” the Problem Solvers Caucus could use to get their bipartisan bill up for a vote, but cautioned that deciding when to pull the trigger is“ a little more of an art than a science.”

“It would probably be on a Friday or a Saturday when backs are against the wall,” he added.

— Katherine Tully-McManus, Daniella Diaz and Jordain Carney, with an assist from Nicholas Wu

SHOULD MENENDEZ STILL HAVE ACCESS TO CLASSIFIED INFO?

An avalanche of Senate Democrats this week called on indicted Sen. Bob Menendez to resign, but there’s not much movement yet on another step: Revoking the New Jersey Democrat’s access to classified information.

Asked whether Menendez should be able to continue attending classified briefings, Chair of the Senate Intelligence Committee Mark Warner (D-Va.) said the allegations against Menendez “extremely damning charges” but that he wants to hear from Menendez in caucus tomorrow before commenting further. Warner has not yet called on Menendez to resign.

Republicans, who have roundly defended Menendez from calls to resign, are a mixed bag on whether he should still be privy to the briefings. Sen. Kevin Cramer (R-N.D.) said he’d have to “ponder” the question further but that “there’s certainly a case to be made” for Menendez losing access to classified briefings, while Intel Committee member Sen. Tom Cotton (R-Ark.) briefly paused after we asked him before simply saying: “No comment.”

Sen. John Cornyn (R-Texas), another Intel Committee Republican who hasn’t specifically called on Menendez to resign, said he’d defer to Democratic leadership to decide if Menendez should lose access.

Adding to the complications: It’s not clear how, exactly, senators would go about revoking his access. Majority Leader Chuck Schumer’s office did not immediately respond to a request for comment.

Senators are regularly privy to classified information, especially on foreign affairs, which is Menendez’s specialty. But as a federal court prosecutes Menendez over alleged bribery and corruption, particularly as it relates to U.S.-Egypt relations, Menendez’s access to that information has become a more sensitive endeavor going forward.

Menendez has repeatedly insisted he’s innocent and around for the long haul — though he’s not yet said whether he will run for reelection.

— Ursula Perano

Former Speaker Nancy Pelosi (D-Calif.) was at Little Gay Pub between votes last night to see her framed portrait on the wall.

Shutdowns come and go, but Cups is forever.

Rep. Tim Burchett (R-Tenn.) is playing fashion police.

The New Democrats get to hear from Code for America founder Jennifer Pahlka at lunch tomorrow, and their affordable housing task force is meeting National Association of Home Builders CEO Jim Tobin, per a spokesperson.

QUICK LINKS

Dianne Feinstein’s estate battle raises the question: Why are a senator’s medical bills so high?, from Shira Stein at The San Francisco Chronicle

GOP Rep. Anna Paulina Luna deletes social media posts featuring Russian fighter jets, from Mark Alesia at Raw Story

Dan Goldman prepares for another impeachment fight, this time as a congressman, from Kevin Frey at NY1

‘Right now, I’m praying': Meet the workers who risk never seeing lost wages from a government shutdown, from Savannah Kuchar at USA Today

TRANSITIONS

Sam Spencer is now manager of public affairs at Novant Health. He previously was comms director for Rep. Alma Adams (D-N.C.)

TOMORROW IN CONGRESS

The House is in session.

The Senate is in session.

THURSDAY AROUND THE HILL

9 a.m. to 3 p.m. The Blood Bank of Delmarva will host a blood drive. Donors can sign up here. (Senate Hart Office Building, 120 Constitution Ave NE, Senate Room 902)

9 a.m. Rep. Delia Ramirez (D-Ill.) and others will host a press conference on expanded, expedited work permits and parole for long-term undocumented migrants. (House Triangle)Date

10 a.m. Rep. Andy Ogles (R-Tenn.) will host a press conference on his bill to ban chemical abortions. (House Triangle)

11 a.m. Reps. Mike Thompson (D-Calif.), Mike Kelly (R-Pa.) will host a press conference on mental health research legislation. (House Triangle)

TUESDAY’S ANSWER: Logan Ferree correctly answered that former Vice President Walter Mondale, former Speaker Tom Foley, and former Senate Majority Leaders Mike Mansfield and Howard Baker have all served as the Ambassador to Japan.

TODAY’S QUESTION from Logan: Prior to opinions by this Attorney General, most government agencies did not stop operating when there was a funding gap. Who was the Attorney General who authored two opinions that interpreted the Anti-Deficiency Act in a way that’s led to the modern era of government shutdowns?

The first person to correctly guess gets a mention in the next edition of Huddle. Send your answers to [email protected].

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Follow Daniella on X at @DaniellaMicaela.