SCOTUS rules as Alito affair swirls

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May 30, 2024 View in browser
 
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By Garrett Ross

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THE CATCH-UP

VEGAS JACKPOT — “GOP mega-donor Miriam Adelson to fund colossal super PAC for Trump,” by Alex Isenstadt: “How much [MIRIAM] ADELSON will donate to the super PAC is not clear, though the person familiar with her plans said the group was expecting to spend more than it did four years ago when Adelson and her late husband, SHELDON, donated $90 million to Preserve America.”

TIME TICKS ON IN TRUMP TRIAL — We’re into Day 23 of the hush money trial against DONALD TRUMP.

This morning, the jury reheard requested testimony of DAVID PECKER and MICHAEL COHEN before returning to the jury room to continue deliberations shortly after 11 a.m.

By the way: If you want to keep track of how long the jury has been deliberating for, we’ve got you covered. As of publishing time, the time had just passed the eight-hour mark. And, of course, our colleagues will have all the updates throughout the day on our live blog.

Love is in the air: “Meet the couples marrying next to the Trump trial,” by WaPo’s Amber Ferguson

The U.S. Supreme Court is seen in Washington.

The Supreme Court this morning ruled on a closely watched NRA case while the scandal surrounding Justice Samuel Alito continues to swirl. | Francis Chung/POLITICO

SCOTUS WATCH — The Supreme Court this morning “cleared the way for a National Rifle Association lawsuit against a former New York state official over claims she violated its free-speech rights,” AP’s Lindsay Whitehurst writes.

“The unanimous opinion reverses a lower-court decision tossing out the gun rights group’s lawsuit against ex-New York state Department of Financial Services Superintendent MARIA VULLO. It does not, however, shield the NRA and other advocacy groups from regulation, Justice SONIA SOTOMAYOR said. ‘Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or (as alleged here) through private intermediaries,’ she wrote.”

And then there’s the swirling controversy facing the high court over Justice SAMUEL ALITO’s flag-flying incidents. Ankush Khardori writes for POLITICO Mag that the whole affair is, in fact, worse than it seems for both sides.

The SCOTUS side: “The Alito household’s display of those flags — no matter what prompted it or whose decision it was to fly them — means that Alito should recuse himself from the cases pending before the court concerning Trump’s alleged efforts to steal the election. His stated refusal to do so in a letter to senior Democrats Wednesday runs afoul of the most basic judicial ethical norms: Judges are not supposed to signal their views on matters that are likely to come before the court.

As for Alito’s critics: “But this whole episode also shows the fecklessness of Democrats, who seem to be reluctant to try to hold the court to account — which may have only encouraged the conservative justices to feel like they have free rein to flout judicial norms. President Joe Biden, in particular, has been far too reluctant to challenge the court, both with his early, toothless effort to float court reforms and now amid a series of clear ethical breaches by the justices.”

TALKER — CHRIS PRUITT, a former producer for “The Apprentice,” writes for Slate upon the expiration of his NDA: “[W]e played fast and loose with the facts, particularly regarding Trump, and if you were one of the 28 million who tuned in, chances are you were conned. As Trump answers for another of his alleged deception schemes in New York and gears up to try to persuade Americans to elect him again, in part thanks to the myth we created, I can finally tell you what making Trump into what he is today looked like from my side. Most days were revealing. Some still haunt me, two decades later.”

Among the allegations are that Trump treated Black contestants differently and privately used a racial slur in reference to KWAME JACKSON, who was a finalist on the show. In response to the story, Trump spox STEVEN CHEUNG said: “This is a completely fabricated and bullshit story that was already peddled in 2016.”

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

MEDIAWATCH — The Wall Street Journal laid off at least five more employees today with the U.S. news and “speed and trending” teams affected, three people familiar with the matter told Daniel Lippman.

Most of the layoffs were in New York, including NYC reporter ERIN AILWORTH; BEN KESLING, a staff reporter (and former Marine) who covered the Midwest and focused on national defense and veterans issues, was also affected, the people said. Both had been at the paper for around a decade.

A WSJ spokesperson declined to comment on specifics but pushed back on the assertion that it was a cost-cutting exercise, forwarding an all-staff email that editor-in-chief EMMA TUCKER sent out on Wednesday listing more than three dozen open jobs in the newsroom. Some of those listed were for positions opened through previous layoffs.

The lack of a business rationale for recent cutbacks has vexed the WSJ newsroom, and union members are planning a lunchtime walkout today in protest. “There seems to be no justification for doing this other than a wish to cut costs to the bone and maximize profits without regard to the destruction of employee morale, loyalty and the quality of our report,” said one WSJ journalist.

 

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7 THINGS YOU NEED TO KNOW

Robert De Niro holds a press conference with the Biden Harris campaign outside the Manhattan Criminal Courthouse in New York.

Although Robert De Niro has been vocal in his support for Joe Biden, many in Hollywood are resisting an official entry into the 2024 race. | Alex Kent for POLITICO

1. HOLLYWOOD HESITATION: “Big stars come out for Biden – but much of Hollywood wrestles with 2024 endorsements in a polarized world,” by CNN’s Priscilla Alvarez and Elizabeth Wagmeister: “CNN spoke with a dozen publicists, agents and political strategists who are advising celebrities this upcoming election cycle. All of these individuals described the high risk involved for public figures to make an endorsement in today’s polarized world, explaining that many celebrities might instead align themselves with specific issues rather than a candidate this year.

“More endorsements are expected in the months to come and will kick into high gear between the Democratic National Convention in August and Election Day, multiple sources told CNN. In the meantime, Biden campaign officials are in discussions behind the scenes to prepare for those rollouts, stressing that they carry more influence closer to Election Day.”

2. MUCK READ: “‘Chris, the N—er’: Police Report Describes Dem Rep. Gabe Vasquez Using Racial Slur in Harassing Phone Call with Former Colleague,” by the Washington Free Beacon’s Jessica Costescu: “In the summer of 2004, a human resources employee at a call center in Las Cruces, New Mexico, received a call from a man who asked for ‘Chris.’ The employee asked the caller to elaborate, given that more than one Chris worked at the center. ‘Chris, the n—er,’ the caller responded, using a racial slur.

“When the employee hung up, the man called again. This time, he asked for ‘Chris, the black man,’ laughed, and hung up the phone. The employee recognized the caller’s voice and, after searching his telephone number, identified him as a former employee who had been ‘terminated for cause for falsifying data,’ according to a 2004 police report obtained by the Washington Free Beacon. That former employee is Rep. GABE VASQUEZ (D.), the New Mexico congressman elected to represent the state’s second district in 2022, a Free Beacon public records request revealed.”

Vasquez did not comment to the Free Beacon but sent this after Playbook inquired: “I have not and would never use language like this, this attack is categorically false. This is another example of how desperate Republicans are lying about my character rather than focusing on delivering for New Mexico. It is not a coincidence that these lies are coming immediately after the video of YVETTE HERRELL wanting to ban all abortion in New Mexico, even in the case of rape and incest, came to light.”

3. INDEPENDENTS DAY: Indicted Sen. BOB MENENDEZ (D-N.J.) has acquired the requisite number of signatures to run for reelection as an independent, NBC’s Kate Santaliz, Julie Tsirkin and Carol Lee scoop. “Menendez needs 800 signatures by June 4 to gain ballot access in November and hopes to reach closer to 10,000 signatures by that date, according to three sources with knowledge of his plans. One of the sources, who previously worked for Menendez, said the senator, who is currently on trial on federal bribery charges, wants the number of signatures to be a ‘statement’ in and of itself, ‘to show the level of support he still has.’”

Related read: “Menendez’s Blame-My-Wife Strategy Has Its Risks,” by NYT’s Benjamin Weiser

 

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4. PERSONAE NON GRATAE: “Anti-Abortion Activists Want a Seat at the Political Table. Neither Party Wants Them There,” by NOTUS’ Oriana González: “After years of advising politicians and drafting legislation, some advocates are hoping to serve themselves — or at least lay the groundwork for other anti-abortion activists to seek and win office. But they have one major problem: Many party officials and politicians would rather these activists stay behind the scenes. On Capitol Hill, one House Republican told NOTUS that abortion is a very ‘sensitive’ issue and that these anti-abortion advocates’ views will not become the leading message within the GOP, given the politics.”

5. COOL RUNNINGS: “U.S. Economic Growth in First Quarter Was Milder Than Initial Reading,” by NYT’s Ben Casselman: “U.S. gross domestic product, adjusted for inflation, grew at a 1.3 percent annual rate in the first three months of the year, the Commerce Department said on Thursday. That was down from 3.4 percent in the final quarter of 2023 and below the 1.6 percent growth rate reported last month in the government’s preliminary first-quarter estimate. The data released on Thursday reflects more complete data than the initial estimate, released just a month after the quarter ended. The government will release another revision next month.”

6. BLINKEN ABROAD: Secretary of State ANTONY BLINKEN this morning “assailed Russian attempts to sow discord in democracies with misinformation after hinting the Biden administration may soon allow Ukraine to use American-supplied munitions to strike inside Russia,” AP’s Matthew Lee reports from Prague. “In Prague for a NATO foreign ministers meeting, Blinken hit out at Moscow’s use of misinformation and disinformation, calling it a ‘poison’ and signing an agreement with the Czech government to combat it. He also toured a Czech military base, where he saw armored vehicles that Prague is sending to Kyiv to help fight Russia’s invasion and received a briefing on a Czech initiative to supply Ukraine with a million rounds of ammunition by the end of the year.”

Related read: “Veteran State Department Official Says She Quit Over Biden Administration ‘Twisting The Facts’ On Gaza,” by HuffPost’s Akbar Shahid Ahmed

7. WHAT JOSH HAWLEY IS READING: “US brokered gang talks to secure American missionaries’ bodies in Haiti,” by CNN’s Caitlin Stephen Hu and David Culver: “The first US commercial flight to Haiti in months is making a bleak roundtrip Thursday, returning with the bodies of a young American couple who were killed by a gang in Port-au-Prince last week. … Their return follows a week of extraordinary negotiation between the US government and Haitian authorities, local organizations and even gang leaders, sources say – all in a city crippled by the criminal groups that have shut off the import of vital humanitarian supplies, destroyed medical facilities and blocked key roads.”

 

YOUR DAILY DOWNLOAD ON ALL THINGS TECH: Today marks the 200th episode of the POLITICO Tech podcast! That’s 200 incisive conversations with global policymakers, tech executives, social activists and other influential voices reshaping our world, one algorithm at a time. Join host Steven Overly for a daily dive into the major political and policy battles around artificial intelligence, election disinformation, competition with China, TikTok, microchips and much more. SUBSCRIBE AND LISTEN TODAY via Apple, Spotify, Simplecast or your preferred podcast player.

 
 
PLAYBOOKERS

David McCormick is getting some major backup in his Pennsylvania Senate campaign.

Elon Musk will testify in the SEC’s probe of his Twitter deal.

SPOTTED together at lunchtime at the Four Seasons yesterday: Barham Salih, Robert Stryk, Bryce Dustman, Tim Curry, Christian Bourge and Kirsten Fontenrose.

MEDIA MOVE — Cameron Joseph is joining the Christian Science Monitor as senior Washington reporter. He previously was democracy editor/“Trump on Trial” writer at the Guardian and is a columnist for the Columbia Journalism Review. The announcement

TRANSITIONS — Ryan Bowley is now VP of government affairs at the Fertilizer Institute. He previously was executive director for the American Trucking Association’s Moving & Storage Conference. … David Zhang is joining the Foundation for America’s Public Lands as chief development officer. He most recently led fundraising efforts for the Trust for Public Lands in California. … Robert Lamkin is joining Eversheds Sutherland as a partner. He previously was a partner on the energy team at McDermott Will & Emery.

WEEKEND WEDDING — Celia Glassman, assistant director of legislative and regulatory policy at Ernst & Young, and Dave Schacht, a manager for business transformation at Ernst & Young, got married Sunday at the First Congregation Sons of Israel synagogue in St. Augustine, Florida, with a reception at the Lightner Museum. They met in 2020 at Salt Line. PicAnother pic

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