12:30 REPORT

Wednesday, October 8 | By Cate Martel

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It's Wednesday. It's a busy one. Let's get into it.

In today's issue:

Comey appears in court, pleads not guilty
More potential charges against Trump foes
Flight delays spread on shutdown Day 8
Schumer: 'No f---ing way' Dems give in
House fight over Dem waiting to be sworn-in

🏛️ IN ALEXANDRIA, VA.

It's Comey's day in court:

Greg Nash, The Hill

Former FBI Director James Comey has formally pleaded not guilty to charges related to his 2020 congressional testimony involving the FBI's investigation into President Trump's ties to Russia during the 2016 presidential race.

Comey appeared in an Alexandria, Va., courtroom, declaring his innocence in the politically charged case that Trump's opponents view as part of a retribution campaign against his longtime foes.

Why Alexandria?: Comey's congressional testimony was given remotely from his home in McLean, Va., due to the COVID-19 pandemic. That's why he was charged in the Eastern District of Virginia.

Inside the courtroom: The Hill's Ella Lee and Zach Schonfeld were at the courthouse. No cameras or other electronics were allowed, but they described Comey's demeanor. "He sat with his attorneys, fidgeting at times and clasping his hands under his chin. When prosecutors entered the room, Comey's attorneys shook hands with them. But Comey himself did not get up from his seat."

📹 Watch Comey's family exit the courthouse

Quick explainer on the allegations: Comey testified before the Senate Judiciary Committee in September 2020. Sen. Ted Cruz (R-Texas) asked Comey whether he ever authorized a leak about the FBI's investigations into Hillary Clinton's emails and connections between the Trump campaign and Russia. Comey's former deputy, Andrew McCabe, claimed Comey knew about the leak, while Comey said he was unaware.

💡 Why this has gotten so much attention: The charges — one count of making a false statement to Congress and one count of obstructing a congressional proceeding — come after an intense pressure campaign from Trump for the Department of Justice to pursue charges.

The president appointed a former White House aide with no prosecutorial experience to oversee the office that brought the case, and she personally presented the indictment to a grand jury. Her predecessor had resigned amid reported pressure to quickly bring charges in multiple cases.

There may be more indictments to come: The White House has suggested there may be more potential charges against others Trump has targeted.

💬 Follow today's live blog

➤ NEW REPORTING ON THE CASE:

ABC News reports that federal prosecutors in the Comey case have determined that a key witness is "problematic" and may prevent the case from moving forward.

⛔ GOVERNMENT SHUTDOWN

Real talk, how the [bleeeeep] does this all end??:

Welcome to Day 8 of this government shutdown, where the sense of urgency appears to be lacking to fix this crisis. The Senate is holding yet another round of funding votes today, which are expected to result in the same outcome as the other five times.

Is the House returning any time soon?: Speaker Mike Johnson (R-La.) was asked whether he would bring the House back to Washington next week. "We've already done our job," he said.

How do we get out of this crisis?: The Hill's Mike Lillis and Al Weaver put together a list of five scenarios of how the shutdown could end. I appreciate this realistic, tangible list:

1. Public sentiment sours and one party is blamed.

2. Air traffic controller issues cripple air travel.

3. Pressure builds once federal employees, particularly those currently working without pay, miss a paycheck.

4. The military will miss their first paycheck on Oct. 15. That's a major flash point.

5. Republicans may feel the pressure of the expiring health care subsidies. (Remember: if these subsidies aren't extended, the average out-of-pocket premium for Americans enrolled in ObamaCare will rise by 75 percent next year, according to KFF.)

^ Which Senate Democratic Leader Chuck Schumer (N.Y.) joked does not stand for "Kentucky Fried French Fries." "The Daily Show's" Jon Stewart didn't find that joke funny.

Read Lillis and Weaver's reasoning for each

➤ THERE ARE SOME CRACKS FORMING IN THE GOP:

Rep. Marjorie Taylor Greene (R-Ga.) posted a lengthy statement ripping her party over the health care subsidy issue.

"I'm absolutely disgusted that health insurance premiums will DOUBLE if the tax credits expire this year," Greene wrote.

Schumer then read this message on the Senate floor.

And let's not forget that Trump publicly said on Monday he was open to negotiating with Democrats on the health care subsidies, but he walked that back later in the day.

➤ HOW BAD ARE THE FLIGHT DELAYS …?:

Flight delays are happening all over the country as air traffic controllers, who are working without pay, are calling in sick.

Which airports could experience ground stoppages today?: Per The Hill's Max Rego:

Reagan Washington National Airport
Philadelphia International Airport
Miami International Airport
Fort Lauderdale-Hollywood International Airport
San Francisco International Airport
LaGuardia Airport in New York City
Newark Liberty International Airport
Boston Logan International Airport

➤ HOW EVERYONE IS TRYING TO WIN THE OPTICS BATTLE:

🔴 House GOP leaders have been holding daily 10 a.m. press conferences to pointedly blame Democrats for keeping the government closed. This morning, Speaker Mike Johnson (R-La.) rattled off news headlines about the effects of the shutdown (first headline being from The Hill, I might add) 💻 Watch today's presser

🔵 Democrats have held several press conferences of their own, including 💻one happening right now. Senate Democratic Leader Chuck Schumer (N.Y.) posted a video explaining the shutdown in terms of the health care ramifications. He accused Republicans of being "hell-bent on taking health care away from 16 million people." "No f---ing way," Schumer said. 📹 Watch Schumer's video

➤ KEY DATES TO WATCH:

Oct. 10: Capitol Police will miss their paycheck.

Oct. 14: Air traffic controllers will miss their first paycheck.

Oct. 15: Most members of the military will miss their first paychecks.

Oct. 24: Federal employees will miss their first full paycheck.

What about food assistance programs?: The White House says it has enough funding to keep the Special Supplemental Nutrition Program for Women, Infants and Children — or WIC — funded for the "foreseeable future," according to Axios.

Waiting to be sworn in:

A Democratic congresswoman was elected last month and has been waiting to be sworn in. However, House Republicans have refused requests to swear in Rep.-elect Adelita Grijalva (D-Ariz.), saying she will have to wait until the House returns to normal business.

Speaker Mike Johnson (R-Fla.) doesn't have to wait: Newly elected House members can be sworn in during recess. In fact, two Florida Republicans were sworn in during a pro forma session earlier this year, Democrats note.

What Democrats say is the reasoning: They argue GOP leaders are worried about it forcing a vote on the Jeffrey Epstein files. There has been a discharge petition floating around that could force the release of the Epstein files, but Democrats were short one vote. Then Grijalva won her race, vowing to be that decisive 218th signature.

What Republicans are saying is the reasoning: Johnson argues it has nothing to do with Epstein. "It has nothing to do with that at all. We will swear her in when everybody gets back," Johnson said this week. "I guess, whenever she wants."

OTHER NEWS

Trump calls for state leaders to be jailed:

President Trump called for Illinois Gov. JB Pritzker (D) and Chicago Mayor Brandon Johnson (D) to be jailed over their objection to his federal takeover of Chicago.

Trump posted on Truth Social: "Chicago Mayor should be in jail for failing to protect [Immigration and Customs Enforcement] Officers! Governor Pritzker also!"

Keep in mind: "The state of Illinois and the city of Chicago on Monday sued to block Trump's deployment of National Guard members to the city. The Department of Defense over the weekend federalized up to 300 members of the Illinois National Guard, despite Pritzker's warnings. Trump also directed 400 federalized Texas National Guard members to be sent to Chicago, Portland, Ore., and potentially other locations 'where needed.'" (The Hill)

➤ QUICK HITS:

• California gubernatorial candidate and former Rep. Katie Porter (D-Calif.) nearly cut off an interview after she was asked what she would say to California voters who voted for Trump. 📹 It's a pretty wild clip — watch (it starts at the 13:42-mark)

• Supreme Court justices seemed skeptical about state bans on "conversion therapy" for LGBTQ children.

COMING UP

The House is out. The Senate is in. President Trump is at the White House. (All times EST)

Today: The Supreme Court hears a case against the U.S. Postal Service. 👂 Listen to the live oral arguments

3 p.m. Trump participates in a roundtable on antifa in the State Dining Room.

7 p.m. The final New Jersey governor's debate between Rep. Mikie Sherrill (D) and Republican Jack Ciattarelli. 💻 Livestream 📝 5 things to watch

12:35 a.m. Thursday: Taylor Swift appears on "Late Night with Seth Meyers."

7 p.m. Thursday: Former Vice President Kamala Harris makes a stop in Washington, D.C., on her book tour. 🎟️ Tickets

🐝 INTERNET BUZZ

🥟 Celebrate: Today is National Pierogi Day.

👋 AND FINALLY…

I've seen so many interpretations of the "Fate of Ophelia" dance, but this one just may be my favorite.

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