In a display that critics are calling political theater at the expense of unpaid workers, Senate Democrats forced Capitol Police and floor staff to work through the night — without pay — so they could deliver marathon speeches attacking the Trump administration from an empty Senate chamber.
At the center of the controversy is Democratic Sen. Jeff Merkley of Oregon, who launched a 14-hour filibuster-style speech late Tuesday evening, continuing well into Wednesday morning, all while the federal government remains partially shut down.
The irony wasn’t lost on observers: support staff missed their first full paycheck Monday due to the ongoing funding lapse, and Capitol Police are poised to miss theirs later this week — yet were required to remain on duty overnight for a speech that, according to the Senate’s cameras, appeared largely symbolic and poorly attended.
Republican lawmakers were quick to condemn the move. “How ridiculous is that?” asked Senate Majority Whip John Barrasso, highlighting the disconnect between Senators, who continue to receive pay protected by the Constitution, and the staff they rely on — who do not. Senate Majority Leader John Thune’s office even confirmed that he personally arranged dinner for the unpaid Capitol Police officers stuck on duty.
Merkley’s speech, which leaned heavily into criticism of President Trump’s deployment of National Guard troops to Portland, Oregon, painted a starkly different picture than public arrest records suggest.
Despite 195 arrests near Portland’s ICE facility since June — many involving violence, property damage, and attacks on federal officers — Merkley dismissed the situation as overblown, claiming, “They are demonstrating with joy and whimsy.”
He was joined later by Democratic Sen. Andy Kim of New Jersey, who echoed concerns over what he described as “authoritarianism” from the Trump administration. “It’s important that we don’t underestimate the fragility of our democracy,” Kim warned — though many noted the tension of issuing that warning from a chamber whose very staff were going unpaid due to repeated votes against government funding.
Senate Democrats, including Merkley and Kim, have now voted 11 times with Minority Leader Chuck Schumer to block the bipartisan House-passed funding bill, extending the shutdown into its 22nd day. Only three Senate Democrats have broken ranks to support reopening the government.
Meanwhile, legislation from Republican Sen. Ron Johnson of Wisconsin aims to ensure military personnel and currently working federal employees are paid during the shutdown — but that bill, too, is expected to face a Democratic filibuster. Some in the Democratic caucus argue that all federal workers must be paid, yet continue to reject measures that would make that happen unless paired with broader concessions.