The clock is ticking

It's a catch-22 for Nancy Pelosi. Progressive Democrats in the House are threatening to tank the Senate-passed $1 trillion bipartisan infrastructure bill tomorrow, rejecting the speaker's decision to decouple the bill from a larger social spending package. Meanwhile, moderate Democrats in the Senate won't approve the $3.5 trillion price tag of the spending package. Fortunately for Pelosi, not all progressives are dug in. "I've been a legislator for 44 years, longer than many [progressives] have been on the Earth. Nobody's been more progressive than me," said Rep. Steve Cohen. "But you've got a Senate, there's certain realities. If we can pass the infrastructure bill, we need to do it." —The Washington Post

• — Republicans are at odds too. GOP leaders in the House are leaning on their members to reject the infrastructure bill by disparaging its contents and arguing that it will pave the way for Democrats to push through the larger social spending legislation. But some Republican senators who helped write the bill, along with influential business groups who support it—including the U.S. Chamber of Commerce and the Business Roundtable—have started a countereffort to persuade House Republicans to back it. "It's a good bill; it's right there for the country, so I'm encouraging Republicans to support it," says Sen. Rob Portman. —The New York Times
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• — And then there's the debt ceiling. On Monday, Senate Republicans blocked a House-passed bill that would suspend the debt ceiling through 2022 and fund the government until Dec. 3. Republicans are trying to force Democrats to raise the debt ceiling through reconciliation, the budget process Democrats are using to pass their spending bill. Senate Majority Leader Chuck Schumer vowed today that Democrats "cannot and will not" raise the nation's borrowing limit as part of the bill, but Senate Minority Leader Mitch McConnell, with his caucus united behind him, has shown no signs of backing down. President Biden reportedly opposes changing the filibuster to suspend or raise the debt ceiling, but the other option could be a catastrophic default. —The Hill
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• — Three weeks until all hell breaks loose. Treasury Sec. Janet Yellen told Congress that the Treasury would be unable to pay all of the government's bills if lawmakers don't raise or suspend the federal borrowing limit by Oct. 18. "At that point, we expect Treasury would be left with very limited resources that would be depleted quickly. It is uncertain whether we could continue to meet all the nation's commitments after that date," she said in a letter to congressional leaders yesterday. In other words, Congress has to get it in gear…fast. —The Wall Street Journal

Farley: Military generals contradict Biden

"Joint Chiefs of Staff Chair Gen. Mark Milley and Gen. Kenneth McKenzie, commander of U.S. Central Command, contradicted President Biden's claim last month that top military advisers didn't recommend keeping a residual force in Afghanistan. In a Sept. 28 Senate hearing, both generals said they believe the U.S. should have left a residual force of at least 2,500 troops, and that Biden received those recommendations. But in an interview with George Stephanopoulos of ABC News on Aug. 18, Biden denied that his decision to withdraw all troops from Afghanistan went against the advice of his top military advisers. Now Biden's claim is contradicted by firsthand sources—the generals themselves." —Robert Farley on FactCheck.org

Robert Farley is the deputy managing editor of FactCheck.org.

MORE: Milley: 'Real possibility' terrorist groups could rebuild as soon as early spring in Afghanistan —The Hill

'At no time was I attempting to usurp authority or insert myself into the chain of command'

Though primarily testifying about the conclusion of military operations in Afghanistan, Gen. Mark Milley also faced intense questioning at the Senate Armed Services Committee hearing yesterday about two calls he made to his counterpart in China. The chairman of the Joint Chiefs of Staff confirmed and defended the October 2020 and January 2021 calls, in which he promised to warn China first if he were ordered to attack. Milley said the calls were not secret and that he was acting on instructions from White House aides to assuage apparent Chinese fears that Trump might attack Beijing in his final months in office. "I am certain [that] President Trump did not intend on attacking the Chinese, and it is my directed responsibility to convey presidential orders and intent," he said. Milley is back in the hot seat today. —Reuters

MORE: Milley says he wouldn't 'tip off the enemy' to 'surprise' plans —The Hill

Taylor: China takes a page from Russia's book

"To really 'win' at cyber disinformation requires a recklessness and devil-may-care attitude about the consequences, aimed at amplifying social divisions and sowing mistrust in authority and government among one's adversaries, regardless of the costs. This is where Russia excels, building on techniques honed during the Cold War era. Beijing still seems to be feeling its way on how much is enough and how far is too far… No matter where China takes its current, more aggressive approach to information operations, these recent reports indicate that, whether the perpetrators are from Russia, China, Iran, or domestic players within the U.S. and Europe, things have moved fast since 2016." —Emily Taylor in World Politics Review

Emily Taylor is the CEO of Oxford Information Labs, an associate fellow with the International Security Program at Chatham House, the editor of the Journal of Cyber Policy, a research associate at the Oxford Internet Institute, and an affiliate professor at the Dirpolis Institute at the Sant'Anna School of Advanced Studies.

MORE: Misinformation has pushed American democracy to the brink, former CISA chief says —CNET

Tribe, Buchanan & Dorf: Still waiting for justice

"As we learn more about the events leading up to the storming of the Capitol, it is increasingly apparent that Trump himself committed the federal crimes of inciting insurrection and seditious conspiracy. It would be wrong for Attorney General Merrick Garland to prosecute Trump or anyone else for the purpose of eliminating a political opponent. Yet it would be equally wrong to fail to indict Trump—if the evidence warrants an indictment—to avoid appearing to be bringing a politically motivated prosecution. Politically motivated non-prosecution is as bad as politically motivated prosecution." —Laurence Tribe, Neil Buchanan & Michael Dorf in The Boston Globe

Laurence Tribe is the Carl M. Loeb University Professor Emeritus of Constitutional Law at Harvard University. Neil Buchanan holds the James J. Freeland Eminent Scholar Chair in Taxation at the University of Florida's Levin College of Law. Michael Dorf is the Robert S. Stevens Professor of Law at Cornell University.

MORE: Jan. 6 trials slowed by mounting evidence in U.S. Capitol riot —ABC News

Focus on voting and elections

Philadelphia could be the next major city to switch to ranked-choice voting. The Philadelphia City Council passed a resolution on Friday to consider using the alternative voting system for municipal elections and will proceed with public hearings to discuss the switch. Momentum for RCV, in which voters rank candidates in order of preference, has been building across the country, especially since New York City successfully used the new system in its June mayoral primaries. In addition to New York City, 39 other jurisdictions currently have a ranked-choice voting system. Maine and Alaska offer it in statewide elections. —The Fulcrum

• — California. California will now mail ballots to voters in all elections, extending a practice adopted during the COVID-19 pandemic to prevent the spread of the virus at polling locations. Gov. Gavin Newsom signed a bill on Monday that requires county elections officials to mail a ballot to every active registered voter for all elections, whether they request it or not. The new law will also permanently extend the time mail ballots have to arrive at elections offices from three days to seven days after an election. —The Sacramento Bee
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• — New Jersey. With just five weeks until New Jersey's general election, county officials are preparing for a new balloting method: early voting. Next month, the state will open its first statewide early voting period, with voters able to cast ballots in person on machines, starting Oct. 23. Gov. Phil Murphy enacted a law six months ago mandating the system, which requires between three and 10 polling locations open daily in each county, depending on its population. While new to New Jersey, early voting already takes place in 24 other states. —NJ Spotlight News

1. — Vermont. The Republican National Committee is suing two Vermont cities for allowing non-citizens to vote. Last November, voters in Winooski authorized non-citizen voting on two conditions—the non-citizens must be in the U.S. legally, and the voting is limited to local elections. In 2019, the city of Montpelier passed a similar measure. The State Legislature approved changes to the charters of the two communities, which were vetoed by Gov. Phil Scott. Both vetoes were then overturned by the Legislature. The lawsuits ask judges to declare all non-citizen voting unconstitutional. Do these measures open a door that should stay closed? Stay tuned. —U.S. News & World Report

Wolf: The strange death of American democracy

"Today, the transformation of the democratic republic into an autocracy has advanced. By 2024, it might be irreversible. If this does indeed happen, it will change almost everything in the world. … [I]n the words of David Frum, erstwhile speechwriter for George W. Bush, 'What the United States did not have before 2020 was a large national movement willing to justify mob violence to claim political power. Now it does.' It does so because its members believe their opponents are not 'real' Americans. A liberal democracy cannot long endure if a major party believes defeat is illegitimate and must be rendered impossible." —Martin Wolf in Financial Times

Martin Wolf is the chief economics commentator at Financial Times.

MORE: Edward B. Foley: The three fixes Congress should make to save democracy —The Washington Post

Congress needs to pass a bill to stop voter suppression and gerrymandering. —Linda S., Texas

We need to pass the Voting Rights Act ASAP. —Bob W., South Carolina

Voting rights must be protected in order to protect our democracy. —Marsha S., Washington

We need term limits on Congress. Maybe if they only got one 4- or 6-year term, they might spend it working for "We the People" instead of working for special interests so they can get re-elected. —Merilee W., Utah

First priority: Enshrine freedom of the ballot in federal law.

Second priority: Prosecute insurrectionists from the highest to the lowest. Jan. 6 must not be repeated. —John F., Utah

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