Biden admin could get a Supreme Court win

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Mar 18, 2024 View in browser
 
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By Eli Okun

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THE CATCH-UP

OUT OF OPTIONS? — Facing a massive $464 million civil judgment for committing business fraud, DONALD TRUMP has been rejected by about 30 different underwriters to get a bond, his lawyers said in a filing today, per NBC. They asked an appeals court to intervene in the judgment. Otherwise, New York AG TISH JAMES could start collecting as soon as next week.

WASHINGTON, DC - FEBRUARY 21: People leave the U.S. Supreme Court on February 21, 2024 in Washington, DC. The Court heard oral arguments in Ohio v. Environmental Protection Agency and Warner Chappell Music v. Nealy. (Photo by Kevin Dietsch/Getty Images)

Several justices today seemed disinclined to bar the Biden administration from trying to persuade Big Tech to take down misinformation. | Kevin Dietsch/Getty Images

SCOTUS WATCH — A majority of justices on the Supreme Court sounded skeptical today of Republicans’ drive to prevent government officials from urging tech companies not to allow certain information to be published on their platforms.

In the blockbuster case centering on free speech and misinformation, several justices — including the key swing conservatives — seemed disinclined to bar the Biden administration from trying to persuade Big Tech to take down falsehoods about the pandemic, elections and more, so long as federal officials didn’t stray across the line into coercion. The justices questioned not only whether the officials’ conduct was unlawful, but also whether the plaintiffs had proven harm and whether the factual record underpinning their claims was accurate.

“Among the issues raised was the lack of evidence that government officials threatened punitive action if the social media companies failed to cooperate,” NBC’s Lawrence Hurley reports.

In one funny exchange, Justice SAMUEL ALITO questioned whether White House officials would ever speak to print reporters as aggressively as they had to tech companies — and Justices BRETT KAVANAUGH and ELENA KAGAN, both former White House officials themselves, said it wasn’t uncommon for administrations to raise concerns with newspapers. (Playbook isn’t technically in print, but we can confirm that every White House communicates with us vigorously!) In another, Chief Justice JOHN ROBERTS said he has “no experience coercing anybody.”

The case originated in 2022, when the Missouri and Louisiana AGs sued the Biden administration over what they called inappropriate federal pressure on tech platforms to take down misinformation related to Covid-19, election fraud and more. Republican politicians decried the practice as censorship of conservatives and coercion of the companies; among the attendees today was Rep. JIM JORDAN (R-Ohio), a leading proponent of this view. But advocates have defended the efforts as important steps to clean up information pollution in the public square, and a use of the president’s bully pulpit.

Depending on how broadly the justices rule, the stakes could be very high — affecting the limits of free speech, the spread of lies online, Big Tech’s ability to moderate social media platforms and a wide range of government contacts with tech companies. A ruling is expected by early summer. The court last month also heard related arguments over a challenge to Texas and Florida laws that sought to bar technology companies from a lot of content moderation.

ANOTHER “NO” FOR NO LABELS — Former Georgia Lt. Gov. GEOFF DUNCAN announced today that he’s withdrawn from contention to be a part of No Labels’ presidential bid. The Republican had been reported last week to be under consideration for the ticket.

SHUTDOWN SHOWDOWN — A government spending deal that resolves the dispute over DHS funding is now not expected to come out today, per Punchbowl’s Jake Sherman and John Bresnahan, worsening the Hill’s time crunch this week and raising the odds of at least a brief partial government shutdown.

IT’S OFFICIAL — “Biden Administration Bans Asbestos,” by NYT’s Coral Davenport: It’s “the first time since 1989 the federal government has moved to significantly restrict the toxic industrial material. … In some ways, the ban is a weaker version of a proposal the agency announced in 2022 … [I]t would allow up to 12 years for companies to phase out the use of asbestos in manufacturing.”

Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.

FIRST IN PLAYBOOK — In remarks at a private Texas event today with GOP Rep. AUGUST PFLUGER, Speaker MIKE JOHNSON weighed in on the controversy stemming from Trump’s “bloodbath” comments over the weekend — remarks that Johnson accused “Democrats in the media” of taking “wildly out of context.”

Johnson: “I think it was obvious for anyone who takes the time to watch his speech and to realize what he was saying, really, he was 100% correct. … If these misguided policies [of] the Biden administration are allowed to continue, not only will we see a bloodbath in the auto industry, we are seeing, we will see a bloodbath in our energy industry as well, and in all the other sectors of our economy too.” He also vowed to keep pushing forward with new energy legislation in the House. (For the record: U.S. crude oil production is at a record high.)

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9 THINGS YOU NEED TO KNOW

Paul Manafort leaves the federal courthouse in Washington.

After being pardoned by Donald Trump, Paul Manafort is now expected to return to his campaign fold. | Andrew Harnik/AP Photo, File

1. LOOK WHO’S BACK: The Trump campaign is likely to bring PAUL MANAFORT back into the fold this year as an adviser, particularly around the Republican National Convention and fundraising, WaPo’s Josh Dawsey scooped. Despite Manafort’s conviction for tax and bank fraud and time behind bars — and his link to the Trump-Russia investigation — he of course received a pardon from Trump, and is still well liked by the former president. That’s particularly true because the one-time 2016 campaign chair has stayed loyal to Trump.

2. BIG FLIP FOR ANDY KIM: “Fulop switches his support from Murphy to Kim in U.S. Senate race,” by the New Jersey Globe’s David Wildstein: “Saying he made a mistake, Jersey City Mayor STEVE FULOP has rescinded his endorsement of TAMMY MURPHY, urging her to drop out of the race … Fulop is one of three announced candidates for governor next year when Gov. PHIL MURPHY is term-limited.”

3. DEMOCRACY WATCH: In some of the most crucial swing states, fears are again rising about preparations for the election and threats to the infrastructure of democracy.

Arizona: In Phoenix, a Maricopa County board of supervisors meeting last month was flooded by protesters spouting false election fraud conspiracy theories and declaring a “revolution,” forcing the leaders of the state’s largest county to be rushed to safety, WaPo’s Yvonne Wingett Sanchez and Adriana Usero recount. That has stoked concerns “that officials responsible for running Maricopa County elections will be targeted with a campaign of threats and abuse — or worse,” as election denialism continues to loom especially large in the state’s GOP.

Wisconsin: While some states have enacted reforms to try to improve issues with election administration and anti-democratic loopholes, very little has changed in Wisconsin, NBC’s Adam Edelman reports. There, it isn’t hard to imagine an effort to overturn an election getting just as close to success as it did in 2020. The Wisconsin Elections Commission has been bombarded by threats and political attacks, and uncertainties remain around drop boxes, ballot processing and more.

4. KNOWING MARK ROBINSON: “The G.O.P. Flamethrower With a Right-Wing Vision for North Carolina,” by NYT’s Nick Corasaniti, Maya King and Alexandra Berzon: “Traveling from church to church and thundering away on social media, he condemned ‘transgenderism’ and ‘homosexuality’ as ‘filth.’ He said Christians should be led by men, not women. And on at least one occasion, he explicitly called to upend American tradition on God’s role in government. … He concluded, ‘There is no separation of church and state.’” (A Robinson spokesperson responded that the nominee believes “we don’t live in a theocracy, we live in a constitutional republic.”)

 

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5. 14TH AMENDMENT HAS SOME TEETH: The effort to bar Trump from the ballot failed in a SCOTUS landslide, but there is now one person in America whom Section 3 of the 14th Amendment will prevent from seeking elected office. The Supreme Court said today that COUY GRIFFIN, a former county commissioner in New Mexico, can be disqualified for his involvement in the Jan. 6 Capitol insurrection, AP’s Morgan Lee, Nicholas Riccardi and Mark Sherman report. In declining to take up Griffin’s appeal, the court’s unsigned opinion said that under the insurrectionist clause, “States may disqualify persons holding or attempting to hold state office” — unlike the effort to prevent Trump from federal office.

6. AT 1600 PENN: At the White House today, President JOE BIDEN rolled out a new executive order to bolster women’s health. The directive encompasses a $200 million investment to expand research into women’s health issues, including sexual and reproductive health, along with related progress reports from the administration. More from Reuters

7. A REAL DOOCY: “On Fox News, Steve Doocy has become the unexpected voice of dissent,” by WaPo’s Jeremy Barr: “In particular, [STEVE] DOOCY has stood out as a skeptic of congressional investigations into Joe and HUNTER BIDEN … He has also emphasized the significance — and veracity — of the legal challenges facing Trump, talked up Trump challengers like NIKKI HALEY, and dinged the MAGA wing of the Republican Party. Doocy lately seems to enjoy sparking hot-button on-screen debate at a time of day when television viewers are accustomed to light banter and soft segments.” Doocy declined an interview.

8. THE BRAVE NEW WORLD: Ahead of any other federal department, DHS is leaping into the world of generative artificial intelligence, NYT’s Cecilia Kang reports. From anti-trafficking to emergency management to immigration, the department is testing out $5 million worth of pilot programs using AI in conjunction with big tech leaders. It will also hire 50 experts to help fight the use of AI in cyberattacks, weaponry, child sexual abuse material and more. “If one isn’t forward-leaning in recognizing and being prepared to address its potential for good and its potential for harm, it will be too late,” says Secretary ALEJANDRO MAYORKAS, “and that’s why we’re moving quickly.”

9. HAVANA? OH NAH, NAH: “Despite symptoms, NIH research finds no evidence of ‘Havana syndrome’ in brain scans,” by CNN’s Katie Bo Lillis and Jen Christensen: “Researchers with the National Institutes of Health published a pair of studies on Monday that found few clinical differences between patients with a mysterious ailment known as ‘Havana syndrome’ and healthy comparison groups.”

 

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PLAYBOOKERS

Stephen Breyer is worried about what he sees as the Supreme Court’s wrong turn.

Laken Riley’s father supports Donald Trump and tougher immigration policies, but doesn’t like his daughter’s death being politicized.

Lindsey Graham met with Volodymyr Zelenskyy in Ukraine.

Antony Blinken warned that disinformation, sometimes fueled by AI, is undermining democracies the world over.

SPOTTED: U.S. Ambassador to Japan Rahm Emanuel and Josh Rogin having brunch at Peacock Cafe on Saturday.

FIRST IN PLAYBOOK — Alex Isenstadt writes in: Madison Gesiotto was the most publicly high-profile RNC official pushed out in last week’s Trump campaign-led overhaul of the organization.

Gesiotto, who had served as a national spokeswoman and had a regular presence on TV, is a longtime Trump loyalist dating back to the 2016 campaign. She had been a 2016 campaign surrogate, a spokeswoman for the Trump inaugural and, more recently, the co-chair of Women for Trump. Gesiotto — a former Miss Ohio USA who is married to former NFL player Marcus Gilbert — was one of more than 60 RNC officials who lost her job as part of a broader overhaul at the committee, according to three people familiar with her departure.

A person familiar with the decision to push out Gesiotto said that “all contractors are in the process of being reassessed as the RNC continues to shift its focus into the general election.”

MEDIA MOVES — Nick Baumann is joining WaPo as deputy politics editor. He most recently was deputy Washington bureau chief for the L.A. Times. … Katherine Terminella is now associate director of business development at Axios. She previously was director of partnerships at National Journal/Gravity Research.

TRANSITIONS — Antonio Scott is now deputy director of intergovernmental affairs for the Biden campaign. He previously was managing director and chief of staff at the African American Mayors Association. … William Seabrook is now legislative director for Rep. Debbie Dingell (D-Mich.). He previously was senior legislative assistant for Rep. Stephen Lynch (D-Mass.). … Jackson Hammond is now a senior policy analyst at Paragon Health Institute. He previously was a health care policy analyst at American Action Forum.

WELCOME TO THE WORLD — Liz Jaff, political strategist and president of Leopard Strategies, and Joey Rodriguez, legislative director for Rep. Seth Moulton (D-Mass.), welcomed Zoey June Rodriguez on Wednesday. She joins big sister Leona and dog Noodle. PicAnother pic

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