Scoop: Angry Dems ramp up battle with Mike Johnson over Grijalva

• Grijalva was elected on Sept. 23, and her landslide victory was certified on Oct. 14, but Johnson has said she will only be sworn in when the government reopens and the House returns to a formal session.
• Democrats have countered that lawmakers have been sworn in during pro forma sessions — which the House continues to hold during the shutdown — accusing him of delaying for political reasons.
• Democrats also point to the fact that Grijalva would provide the final signature needed on a petition to force a vote on releasing Justice Department files related to Jeffrey Epstein, which Johnson opposes.

Driving the news: Rep. Yassamin Ansari (D-Ariz.), the president of House Democrats' freshman class, is circulating a letter demanding Johnson "provide clear guidance" on when Grijalva will be sworn in, according to a draft copy first obtained by Axios.

• "Since her election—28 days ago—the people of Arizona's 7th District, approximately 813,000 constituents, have been left without representation in this body," the letter says.
• "At a time when the federal government is entering day 21 of a shutdown, it is especially critical that every congressional district have full representation as the House conducts its business."
• The letter is being circulated among House Democratic freshmen and is set to go out formally on Wednesday.

State of play: Grijalva and House Judiciary Committee ranking member Jamie Raskin (D-Md.) took to the House floor during a pro forma session Tuesday to try to get her sworn in but were unsuccessful.

• Rep. Mike Haridopolos (R-Fla.), who was presiding over the session, declined to recognize the two Democrats.
• Shortly afterwards, Grijalva and Raskin joined House Minority Leader Hakeem Jeffries (D-N.Y.) at a press conference, where all three criticized Johnson for the delay.
• Grijalva "should be sworn in today," Jeffries said. "It's already four weeks too late."

Zoom in: Grijalva offered a glimpse into the struggles she has had trying to set up shop without being officially sworn in as a member of Congress.

• She said she has no office budget, has to pay for her own travel with miles she has saved up, cannot lease an office in her district and is unable to do constituent casework.
• She also said she has been allowed to log in to official devices but cannot use certain databases afforded to congressional offices.
• "I can get pieces of it," Grijalva said of her access to congressional resources. "It's like having access to a car that doesn't have an engine, tires or gas."

What we're hearing: While in the Capitol elevator on her way to the pro forma session Thursday, Grijalva got a call. It was Johnson's chief of staff Hayden Haynes, she told Axios.

• "We were just trying to connect. I left a voicemail ... a while ago, he was just responding to that," she said.
• Haynes said the same thing that Johnson has been saying publicly, according to the congresswoman-elect's recollection of the conversation: That he is just following precedent.
• "Really, we've exceeded that already," Grijalva said of that argument.

What they're saying: Johnson has pointed to former Speaker Nancy Pelosi (D-Calif.) waiting 25 days to swear in Rep. Julia Letlow (R-La.) after she was elected in March of 2021, saying he is just following precedent.

• The House was not in session during that time due to the Covid-19 pandemic.
• Still, Johnson swore in Reps. Randy Fine (R-Fla.) and Jimmy Patronis (R-Fla.) during a House recess just 24 hours after they were elected.
• "They had a date set. They flew in all their friends and family, and the House went out of session unexpectedly," Johnson told ABC News on Sunday.

The GOP House speaker told reporters Monday: "I will administer the oath to her, I hope on the first day we come back to legislative session. I'm willing and anxious to do that. In the meantime, instead of doing TikTok videos, she should be serving her constituents."

Axios' Kate Santaliz contributed reporting for this story.