Transcript for Senate to vote Thursday on competing bills to end government shutdown

Yeah. And. Everybody welcome to the briefing reminding ABC's Devin Dwyer Washington with Catherine folders are White House producer great to have you with us today and it's very busy Tuesday a lot of news breaking across Pennsylvania Avenue today from the White House to the Supreme Court Capitol Hill in the spotlight today as we enter day 32. Of this historic government shutdown Katherine and as we head toward the end of the week in the second miss paycheck. For hundreds of thousands of federal workers all across the country. Eyed and stunned that there seems to be no new sense of urgency. Anywhere to be found here in terms of coming to a solution people seemed dug in on both sides. Exactly not even a sense of urgency but no sense of any deal wit and any White House officials to our knowledge going up the hill. Europe to the hill to negotiate the president we did this morning and he's not caving on his. Promise for a while and Democrats are saying they're standing firm saying. We're not going to negotiate on the wall until the government is opened some no progress on that front. Yeah Nancy Pelosi scene today again she's not going anywhere until the government reopens. In terms of negotiations meanwhile the senate today. Did begin to put on the floor of the proposed to the president trump unveiled over the weekend trying to move the needle littered that we may have live picture of the senate now. I'm beginning to talk about the proposal which was put thirteen hundred page piece of legislation. The president described in a live statement from the yet from the White House over the weekend if you miss it. Here's the president talking about the proposal that's now under consideration take less. Our proposal. Is not intended to solve all of our immigration challenges. This plan solves the immediate crisis and it is a horrible price it is a humanitarian. Crisis. Like we rarely see America. And it provides. Humanitarian relief. Delivers real border security. And immediately reopens. Our federal government. If we're successful in this effort. Then we can start the border project. Of remaking our immigration system for the 21. Century. Once the government is open and we have made a down payment on border security. And immigration reform. Starts to happen. I plan to convene. Weekly bipartisan meetings at the White House. So we can do a finished product a great product a product that we can all be proud of. And let's go to the White House now where are Jordan Phelps has been reporting on this all morning Jordan. The president unveiled his plan they put ink on paper unveiled the big legislative package hot today in the United States senate and it landed with a giant stunned. Bob breakdown force what's in there is there anything in the president's proposal. That is getting at least and in clean of debate in inkling of movement. On now breaking this impasse. Nothing in there that's not to entice Democrats to come to the negotiating tape I'll. I've to give you a quick recap what the president is saying here is. He wants at five point seven billion for his while he's not budging on that point but he saying he will in exchange give Democrats temporary relief. First some of them soccer recipients you know those dreamers who came here as young children. But Democrats say. They are remaining firm and their position that they're not going to negotiate with the president on his border while demands until he reopened the government they're saying it. As they happen saying all along he's holding the government hostage. In fact let's listen to Nancy Pelosi she addressed that proposal this morning back in Washington here's here's that speaker Pelosi. If this right we've seen to open government. But then we what the news we're. TV news. 2000. All right so here on day 733. Of the truck administration we are stuck in political. In this vicious cycle of political posturing Catherine. And meanwhile the but the president is is not seeming to pay much attention to all those workers all the impacts that are starting to to ripple through the economy in fact as we mentioned off the top the second paycheck coming that. There's a lot of talk even within the west wing now what this could mean for health benefits if federal employees. A yeah exactly and it's not. Health benefits across the board but as we are talking as we enter the second pay period it's. Workers will have to pay premiums for vision in delta dental and in the third. As a struggles in the third pay period they will also have to pay their premiums for our long term care so it's having a significant effect on on those workers the president hasn't focused. As much on those workers you hear Democrats a talking about those furloughed and workers were working without packed. Alice sickle look at some of the impacts that are to come this week I think we have a graphic this is a momentous week as the shutdown drags on again no sign that it's and it anytime soon. Hot earlier this week we did know that people got those snapped food stamp benefits those are expected to continue to February the general run out by the end of the week as an insane the second big paycheck. Will be nest that's a huge hit on the pocketbook of a lot of families the federal courts are starting to run on the money by the end of the week and of course tax season. Gearing up Federer Tora January 20 rather's and is a big day in that process. And if this does spill into yet another week and in the month ended February you can see some of the impacts. There as well I was struck this morning by the number of law enforcement groups Catherine that Britain's allies of president trump they've come out now insurgent more publicly and aggressively. Address some of their concerns in fact and one have you weigh in on this in just a second. But the head of the FBI agents association that leads criminal investigations all across the country but took the rare move today of how him press conference. To review what he's been hearing from officers and agents all across the country here's with what they had to say tickled us. In the voices from the field you'll see that there're many topics that are covered the source payments travel. Training these types of things stuff that we do on a daily basis to Ford our investigative efforts. Much of it is being slowed or curtailed I'm just going to read a few excerpts from the words of FBI agents on the street. From an aging in the western US. Quote as a joint terrorism task force Cornett coordinator the inability to pay confidential human sources. Has had eight detrimental effect on our counterterrorism investigations. And operations. From an agent in central US quote. Not being able to pay confidential human sources risks losing them in the information they provide for ever. No we can work without a paycheck. Right you can't sustain. The government can't sustain and we can't sustain. 40. A month. Try the agents and support employees will continue to do the very best we possibly can with what we have but that is getting much more difficult they bite. Did the FBI agents association president. I did have a press conference and heat he used as a pretty strong language Catherine he said that I have no this is from some. Agents on investigation beats all across the country one tracking child predators said I've had to put curbs on standby. Because it did the funding shortage she said we've been another once we've been unable to do under cover work. Because we need government funds are to track narcotics and firearms purchases they're trying to make it your news sound quite dangerous I was very. I was struck by this press conference because especially because it's from a president who says he inspect respects law enforcement so much coming from this group of people and and other. The words they used as some of the agents who were speaking this could we went through a two. That would have from a two income households and nothing they said this is a long Tom problem and in addition to this point. And that you mean they sit there also not paying informants and they're investigating. MS thirteen without translators so pretty difficult for them to do their. I'm pretty cancer in the White House hasn't had. Had any comment yet on the FBI agents meanwhile the TSA is reporting that their call outrage over the weekend did top a record 10% those agents now I'm not coming into work is they're not getting paid the lines and airports only expected to get longer meanwhile if you happen to follow the story. How last cent of that European airplane crash in Ohio DC three will be NTSB told us today. They're not able to send an investigation team out there Catherine look at this we just spotted this out in Kentucky Mitch McConnell is home state. This is put up by one of the largest. Federal employees unions out they are where there are five federal prisons in Kentucky. The AFGE has started to send messages directly to Mitch McConnell on behalf of corrections officers some of the lowest paid federal workers are calling on him to end the shutdown because those workers. Art getting paid speaking of. Scary things we've started to hear reports of the call out rate of corrections officers taking up as well leaving this prisons Schwartz. Yet I think the question is really it for the White House and and Republicans and Democrats on Capitol Hill is how far does this have to go out with with TSA with. With law enforcement you saw that those signs appealing a two Mitch McConnell. But what costs to happen in order for and the president and and lawmakers to act ordering a responds to these issues. It's and zero movement zero daylight between mr. Cohen the president at this point we'll stay on Eric thinks Jordan Phelps will be coming back to her meanwhile is mentioned off the top the Supreme Court today. Close down its January session with a number of blockbuster moves. On some pretty significant issues from transgender. As service members in the united states military to Dhaka. It's even its first gun rights case in nine years or want to bring in our legal contributor K Cha who tracks the Supreme Court. It is our guru on all things scotus Kate great to see use a break down for us this huge decision today. By the Supreme Court to lift. At an injunction on the president's ban. For certain transgender service members what do. They didn't. Well that's right DeVon so the president's so called transgender ban. Which has been on hold in the courts essentially since it was announced via Twitter in 2017 so the initial announcement came via Twitter. Sometime later DOD actually from. A line is this policy and I should say that we. While the president suggested he was going. Issue something like a total ban on transgender military service the policy DOD subsequently issued is significantly more limited and once I'm although you see is it's still very much change. In the military policy with respect to transgender service. But challenges were filed quickly and and the policies and basically tied up in court ever sentenced so today the Supreme Court says. D.'s stays that lower courts issued. Are lifted and so DOD can actually move forward to begin implementation. This new policy they're still one quarters in which a stay remains in effect. But it seems likely that that lower court is going to stay its own order. I'd thus clearing the way for DOD to actually begin implementation and other expand so. I should also say the four liberal justices. Including justice Ginsburg who still seems he working remotely she recovers from surgery all dissented from the decision to allow the policy to go to. It's certainly significant move by the court clearing the way for this to take a fact even if it doesn't happen today immediately want to bring in Charlotte Charlotte climber. She's an army veteran and a spokesman for the Human Rights Campaign they're one of the plaintiffs. In one of the cases that are now before the Supreme Court that organization. Charlotte thanks so much for coming in. What is your reaction to the development and how significant is this that the court cleared the way for this to potentially take affect very soon. Well this is not significant for transient or service members and it's also significant for a national security it's an enormous miscarriage of justice. This is why injunctions. Exist. So that we can protect constitutional rights of transient or service numbers analysts seats while this case works its way through the courts. Side I don't really see a reason to lift the injunction. And it's terribly damaging to those who are serving in our. Country's armed forces at this very moment. I want to ask you about that as it as if former transgender service member yourself. Get out don't ask it again in the mind of those that are self serving some in the Pentagon has 9000. Service members are transgender I've seen other estimates a little bit higher than that but. What what sort of the state of mind right now among that community in the military yeah and a few petty contacts today but. As this case is gone through the system and and of course today's developments what what what are what's what's the state of mind among that group. And as the against a lot of my friends are currently serving. And in need the tragic thing about this is that these are professionals. They're focused on defending Americans. In uniform. And it's it's terribly distracting them have to worry about their livelihoods. And their future armed forces. While many ever deployed. At this very moment. In defense of our country is constitutional freedoms. So I I would say that they are focused on their job and they should have to worry about this distraction. And it certainly does seem like it would be a distraction. And very anxiety inducing Charlotte stand by let's go to the Pentagon now where Elizabeth McLaughlin has been talking to pentagon officials all morning about how what they plan to do. In the wake of the court's decision Elizabeth what are you hearing from officials there about how soon. They may begin to put an end this policy and into effect. He had seven I think what we've heard is really what echoing what Kate just that is that nothing is going to happen. Today it's going to depend on what happens with that other court that still holds that injunction. If they decide to lifted if a judge lifts that an act cases happening in Maryland. Then you could see the Pentagon move forward quickly they could decide to implement this partial ban. And remember this is not related to the people who are joining the military this is about active duty. Service members to identify as transgender. But the other option is that they could wait they could decide to let this play out in the lower courts to not do anything at the moment. And so there really isn't a lot of guidance going forward appointed to pen what happens in Maryland's. And remember we avenue acting Defense Secretary here Patrick Shanahan to the previous memo those policy recommendations. That president Tran concurred with last march those were under former Defense Secretary James Mattis we have someone new look in that job and we'll have to see what they decide to do going forward. Yet the president hasn't yet weighed in on today's developments although the Justice Department did tell me a little bit earlier that they do expect. That Maryland courts also lift their injunction to allow this to proceed worth keeping eyes on that Elizabeth thanks so much it's go back to Charlotte climber. Again Charlotte. You know you your group is still continuing to took to pursue this case in the courts today's decision. I do wasn't one on the merits of the case tell us what what the challenges going forward as this works in the appellate process and MO come back to the corporate. While married or no merits on the case military leadership national security experts budget analysts the American people everyone is against us and and I think the challenge moving forward is that the trump pence White House are going to do everything they can. To get an injunction lifted. And implement the stand. As fast as possible and by the way I you know there there's been a point raised that the treasure folks who are currently serving openly are protected. I think that overlooks a lot that overlooks the way that this undermines their legitimacy especially those who are in positions of authority. It undermines the discrimination could face. Outside of uniform are off base. There there are a lot of obstacles that are presented wins the commander in chief says that you were not worthy to be in uniform even if you're committed to being reform. So I really hope that the American people understand that these folks are serving and defense of them. And in there's no merits exist in this case should be fighting against that's that's what the Human Rights Campaign Lambda legal announced server doing right now. Charlotte climber with a Human Rights Campaign also an army veteran thank you for your service thanks for coming on sharing your views today. I go back to teach our Supreme Court analyst Kate day wasn't just the transgender man that was top of mind today at the court but also. The president's move to eliminate doc had the deferred action for child who rivals program for those young undocumented immigrants. It wasn't so much what the court did today but what they didn't do today right this making waves. Exactly DeVon so so today. People think that today was right around the last time that the court can actually act to take a case and still here. Our oral argument and assigned a case before the end of June when they stop hearing cases for the year an accord didn't take any action on doc so. We are not sure what that means and what it likely means is that the court will not consider to permits ability of the president's move to undo doc. In the next you know fortified at least six months it might still do it next fall. I'm but it's unlikely that it would do it this spring. And I think that's that's you know at some point most likely the Supreme Court will weigh in but the fact that it's not likely to do it in the very near term unless they do something to surprise us today or tomorrow which you know the court can always do. But otherwise it's going to be next fall the earliest that the court will hear arguments about whether president trump active lawfully when he moved to undo the dock so far the courts and found mostly that he did not that the decision to undo doc was impermissible. And so those that decision is on pooled. In the courts and so dock a remains a viable program so the court's decision not to weigh in today. I think in some ways to objects or call back your earlier discussion on the about shot down. Removes kind of an important bargaining chip from the president to a place dock on the table already now daka is tied up in the courts anyway and so the president hasn't been able because of what the courts have done to actually implement its dock out rescission. And so I think that has consequences for the negotiations are happening or or not happening were saying earlier right now. Yet that's sort of take it off the table as an issue at least sounding like at least until October so. Kate one last thing from the court today was interest in with the crew at new conservative majority of justices up there. We saw that they have taken up agreed to take up a gun rights case the first time. In nine years that they're gonna look at a serious Second Amendment issued. Right Serbs eleven years ago the court issued its very significant Second Amendment case out of DC Heller case declaring an individual gun right in the constitution's Second Amendment. And then two years later issued another significant Second Amendment case that has been basically silenced. On the Second Amendment in the in the intervening nine years despite a lot of calls mostly from conservatives and gun rights activists for the court to get involved and Ted strike down some. What what opponents view as restrictive gun laws. On and so the court has had seemingly no appetite to do that for the last nine years. And I think it's quite striking that within a few months of justice Kavanagh replacement of Justice Kennedy who all of a sudden the core weeding back into the Second Amendment this is a case about the ability to carry gone outside the home. Which is quite restricted to New York where this case comes from. And it could be a narrow opinion or the court could really change the law with respect to State's and city's ability to restrict. I'm carrying of guns in it in the streets all over the country so the consequences. Of could be quite dramatic for the court could write in their opinion we obviously don't know. To be a fascinating to fall term Kate shot they so it's fair now this much to follow ahead there meanwhile captor where one week away. From what should be would be the State of the Union Address the annual ritual here in Washington the president had. Several weeks ago and invited by Nancy Pelosi to go to the capitol to address a joint session of congress Tuesday night the 29. How drama last week in the shut down the tit for tat she sort of seem to suggest maybe they should reschedule that well you're hearing from the White House. They are full steam ahead they're planning on giving the speech. On Tuesday it is just richer where. Young Lawrence let's so little complicated bear with me so a White House officials senior officials are saying that they're continuing this past plans he still. Would like to go up to capital mile and deliver his speech while Republican sources who were talking to say. That the president is feeling pressure there I'm to declare that he isn't back doing it so Nancy Pelosi can then officially dis invite him. So she haven't officially invited and it was a suggestion not to come up. I'm so they can be optics will look bad for her to do such as it now on hand they are planning and writing to separate speeches one. State of the union at tight speech whether it's and given up on Capitol Hill and she doesn't dis invited or in another. Official like location in Washington or the second address is is more in a rally for arms so we will be some more. Outside of Washington DC it seems that's probably what he would. Prefer to do me beat but they are planning to a different routes here. Waiting what Nancy Pelosi says and I'm also and requested from the sergeant at arms a walk through. To plan for this address that he. May or may not give the president. Itching itching to get out of town he hadn't been out of town. Absent a short quick trip to Louisiana last week. Maybe a campaign rally in store it is getting between twenty season we shall see stay tuned right here ABC news libel carry any speech that happens next Tuesday the 29 for you with full coverage. Off finally today that we women in the last the White House any questions about this in public or on camera because the White House. Hasn't had a White House briefing now for a record length of time there hasn't been one since December 18 when he team that's more than thirty days an all time record. For any White House tonight haven't ever press briefing and take questions on camera let's go back to Jordan Phelps who's there at the White House she. Broke this reporting Jordan you've been you've been tracking this for some time you've been talking to senator Sanders and other officials. And your regular here in the briefing room art so have they basically ruled out. Any briefing going forward. It's not that they are ruling it out but you're right that we are in record setting territory here it's been a capital of 35 days. Since tenors has taken to the White House podium to get a regular briefing and the president is getting involves today he fired off a tweet this morning. Saying that he told Sierra not to take to the podium because a press covers her so rudely in accurately I told her not to bother. That's from the president which has prompted. A response from the White House correspondents association an organization that from since the press interest here. They're saying this retreat from transparency and accountability sets a terrible precedent. Being able to question Press Secretary or other tier government officials have an easy tell Americans what their most powerful representatives are doing in their names so. Basically the White House correspondents association saying. At even though the White House has had. Some access to senior officials we have more access to president from Bonner regular basis and we dates that to President Obama for instance does stop. Periodically and take questions but that. Doesn't do away with that need any utility of having this daily briefing and exchange between the White House and the American people. German cups at the White House thanks so much for that reporting Jordan much more on that story as well and abcnews.com Catherine to just to underscore. It is sort of interest in that they have not had when they don't seem inclined or bothered. To start resuming regular press briefings and this is the point Jordan made it is really a great with precedent for transparency. If the federal government is so vast. Even those limited opportunities to shout questions to the president should be a substitute for that for the opportunity to ask officials public questions on camera. About the various policies that the administration's putting out. Right and I think your right to underscore just how remarkable this is we have questions about the shut down every day what the president. -- is offering the news in the Supreme Court today you'd think that they would want to come out and discuss that it's really remarkable that when you're over the White House to get an answer from the Press Secretary either waiting in the driveway for gavel after her Fox News appearance or you're going up to what we car repressing the west wing into standing. Outside our office for hours to get simple answers so really an unprecedented in an unchartered territory without we will continue to. Have push for answers on. Ivory tower Catherine folders with us today thank you for joining us here and ABC news live we'll be back tomorrow at 3:30 eastern time I'm Devin Dwyer Washington. Thanks for watching.

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