The Senate remained in session for 57 consecutive hours to confirm Education Secretary Betsy DeVos and Attorney General Jeff Sessions. | Getty Exhausted senators could break Cabinet confirmation logjam Signs of a thaw emerge after several late-night sessions, but some Democrats are resisting.

Senate Republicans are pressing for a deal that would lock in votes to confirm the vast majority of President Donald Trump’s Cabinet by the time Congress goes on recess on Feb. 17, according to several sources familiar with ongoing talks.

Democrats are still publicly resisting as they mount a historic delay to the president's staffing of his administration. But there are signs of a thaw, after this week's battle over Education Secretary Betsy DeVos and Attorney General Jeff Sessions.


The Senate remained in session for 57 consecutive hours to confirm those two nominees, wearing down lawmakers and staff. But the collective exhaustion could open the door to negotiations on a broader deal to confirm Trump’s Cabinet.

The GOP was seeking to approve Rep. Tom Price (R-Ga.) as Health and Human Services Department secretary as soon as Thursday afternoon, senators said, but have largely given up on that, with Democrats reenergized after a night of sleep. If Democrats continue resisting, that vote wouldn't be scheduled to occur until around 2 a.m. Friday, though Republicans would likely be content to move it to a more reasonable time on Friday before recessing for the weekend.

On Thursday, the GOP debated internally whether to come in on Saturday to jam through Steven Mnuchin as Treasury secretary. Younger senators were encouraging the party to stay in on Saturday and overrun Democratic resistance, but several Republican senators indicated they cannot be in Washington on Saturday. There are only 52 Republicans and they will need 50 of them to confirm Mnuchin, so without robust attendance Republicans would be unable to confirm him, senators said.

"I'd like to get Mnuchin done tomorrow but I don't think we're going to be able to," said Sen. Orrin Hatch of Utah. He said that the lack of a Saturday session is "a little bit irritating ... can you imagine three weeks into the administration, we still don't have a Treasury secretary? It's disappointing."

At the very least, it appeared, that senators would go home on Friday after a brutal week in Washington.

Republicans said privately they believed the chamber could adjourn for the week on Thursday afternoon.

“If we stay on regular order, we’ll be here through Saturday, but if experience is any indicator we’ll come to some agreement to shorten that. We just don’t know know yet. But the outcome isn’t going to change.” said Senate Majority Whip John Cornyn (R-Texas).

David Shulkin, the nominee to lead the Department of Veterans Affairs, could be confirmed imminently, facing little opposition from Democrats.

Some Democrats are still resisting quick confirmations for Price and Mnuchin, complicating their quick approval. Just one senator can demand 30 hours of debate on a Cabinet nominee who has cleared a filibuster. Democrats allowed the Senate to adjourn Wednesday while still allowing the clock to tick toward a vote on Price's nomination, effectively saving 13 hours of debate.

“I can’t speak to a grand strategy, I’ll leave that to Chuck Schumer. Whenever a Cabinet secretary nominee is completely unsuitable for the office he’s proposed for, we have a responsibility to exercise our responsibility under the Constitution,” said Sen. Jeff Merkley (D-Ore.). He called Mnuchin and Price “completely flawed … both of those individuals are very poorly prepared for the offices they’ve been nominated for.”

In an interview, Schumer, the Senate minority leader, downplayed the possibility of a quick deal with Republicans to break the logjam, saying Democrats would oppose nominees they dislike “with everything we can.”

“If I had nominees like them, I would have wanted them all done on one day in January. I guess that didn’t happen, did it?” said Schumer (D-N.Y.). “We’re taking them one at a time.”

Minority Whip Dick Durbin (D-Ill.) told reporters Thursday that "I'm not getting home tonight," suggesting that Democrats were not yet ready to speed confirmation votes on Price and Mnuchin. But Durbin added that he didn't expect to be in the Senate on Saturday, a hint that a scheduling agreement of some kind could be imminent.

Republicans doubt they can confirm all of Trump’s Cabinet — minus long-stalled labor nominee Andy Puzder — by the end of next week. But they are seeking an agreement for a confirmation schedule that would all but guarantee Trump’s administration is mostly staffed before the end of February. Without cooperation, each nominee could take several days, delaying Trump's legislative agenda.

Some nominees, like Rep. Ryan Zinke’s (R-Mont.) for interior secretary, Small Business Administration hopeful Linda McMahon and energy secretary nominee Rick Perry, could move relatively smoothly. Rep. Mick Mulvaney’s (R-S.C.) nomination to lead the Office of Management and Budget and Scott Pruitt’s bid to lead the Environmental Protection Agency could trigger all-night sessions next week, given the deep level of Democratic opposition to both men, sources said. Schumer also said he finds Ben Carson “totally unfit for HUD secretary.” Commerce nominee Wilbur Ross may also face difficulty winning quick confirmation.

Democrats cannot block any of Trump’s Cabinet nominees unilaterally but have been using the Senate floor to make aggressive cases against the likes of DeVos and Sessions. The result has been a groundswell in support from liberals and Democratic groups, but also a series of high-profile losses. Each nominee needs just 50 votes to be confirmed.

The Senate is worn out after a bruising and emotional week, with many staffers and senators working nearly around the clock and Senate Majority Leader Mitch McConnell making a rare move to silence Sen. Elizabeth Warren (D-Mass.).

It's the type of fatigue that makes senators open to a deal.

“These are friends of mine. They’re acting badly. And we’ll get past it,” Sen. Roger Wicker (R-Miss.) said of Democrats. “I’m embarrassed for them.”

Elana Schor contributed to this report.