THE RISK/REWARD CALCULATION ON SUBPOENAS — The Jan. 6 select committee just took a leap that could land it in a legal fight right around the same time it plans to launch two weeks of highly anticipated public hearings on the insurrection: the subpoena of five House Republicans, including GOP Leader Kevin McCarthy (Calif.). "This determination to issue these subpoenas was not a decision that the committee made lightly," said Rep. Liz Cheney (R-Wyo.), the Capitol riot panel's vice chair. "But it is absolutely a necessary one … The sanctity of this body and the continued functioning of our constitutional republic requires that we ensure that there never be an attack like that again." Select committee chair Rep. Bennie Thompson (D-Miss.), had doubts about subpoenaing House colleagues, as that would likely trigger a lengthy court fight unlikely to be resolved before in the current Congress. But the panel has pivoted, driven by every thread of the probe leading investigators toward GOP members inside the House. If Republicans want to fight the subpoenas in court, they'd likely lean on the idea that the subpoenas violate the "speech and debate" clause of the Constitution, which protects members of Congress from legal repercussions for their official actions and words. More on the calculation from Nicholas and Kyle: Why the Jan. 6 panel bet its legal hand against the House GOP TESTER TESTING ATF NOMINEE — Sen. Jon Tester (D-Mont.) quietly chatted with ATF nominee Steve Dettelbach earlier this month and said that he's a "nice guy" and "it was good." But Tester said he hasn't decided where he will come down after quietly opposing President Biden's last nominee, David Chipman. "Not yet. He's a good guy, he's a decent guy. Where he led me was down the law enforcement line. So we talked second amendment, different things. We're still analyzing all of it," Tester said. Dettelbach has been confirmed by the Senate by voice vote before — to serve as the U.S. attorney for the Northern District of Ohio under President Barack Obama. But this time he faces long odds. The Senate hasn't confirmed an ATF nominee since 2013, in large part because Republicans and gun rights groups oppose confirmation for any nominee to lead the federal agency that regulates guns. But for Chipman, opposition came from both sides of the aisle, with Sens. Joe Manchin (D-W.Va.) and Angus King (I-Maine) against, alongside Tester. DEMOCRATS FACE FACTS ON ABORTION— Democrats do not have the legislative power to prevent the reversal of five decades of abortion precedent by the Supreme Court. "We don't have a pro-choice majority in the Senate. Even if we did, we certainly don't have 60," said Sen. Tina Smith (D-Minn.). "This fight gets carried now out into the community. And there's going to be big demonstrations, I think, around the country … That's sort of the reality of where we are." They are counting on voters to keep them in power, and give them more significant majorities, so they can take action. But a frustrated Democratic base wants action now, from the folks they already sent to Washington and who control both chambers of Congress and the White House. Sarah and Marianne have the story on Democrats acknowledging just how little they can do before November. RELATED: McConnell defends Supreme Court on abortion, says impact will be 'a wash' in midterms, from Deirdre Walsh at NPR HEARINGS, BUT NO FORMULAIC FIX— House Democrats have announced a slate of hearings looking into the shortage of infant formula that has some parents rationing food for their babies and traveling long distances to find empty shelves. — The House Appropriations Subcommittee on Agriculture will hold a hearing May 25 with FDA Commissioner Robert M. Califf on both oversight of infant formula (a recall is a factor in the current shortage) and the agency's fiscal 2023 budget request. — The House Energy and Commerce has a hearing planned, also for May 25, on the shortage and production of formula. Hearings could yield answers for lawmakers, but panicked parents are looking for quicker solutions (which Congress isn't famous for). The White House announced Thursday that it will be trying to crack down on price gouging, speed production and tamp down red tape on formula imports. RELATED: Biden administration looks for ways to alleviate infant formula shortage, from Jennifer Shut at States Newsroom; Duckworth asks FTC to examine formula market, from Helena Bottemiller Evich NOT UNION CHIEFS— But chiefs trying to learn about unions. There is a briefing for House chiefs of staff on Monday afternoon on implementation of the resolution adopted this week allowing unionization of the House workforce. Ann Rogers from House Employment Counsel will lead the briefing, according to an email obtained by POLITICO. C-SPAN'S FIGHT FOR EYEBALLS— The venerable Washington cable network, the butt of jokes about sleepy floor debate and government procedure, is trying to slug it out for social media views. It's complicated. | 
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