The Trump trial’s known unknowns

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May 20, 2024 View in browser
 
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DRIVING THE DAY

BREAKING OVERNIGHT — “Iran's hardliner President Ebrahim Raisi killed in helicopter crash,” by Reuters’ Parisa Hafezi and Yomna Mohamed: “The charred wreckage of the helicopter which crashed on Sunday carrying [President EBRAHIM] RAISI, Foreign Minister HOSSEIN AMIRABDOLLAHIAN and six other passengers and crew was found early on Monday after an overnight search in blizzard conditions.

“Iran's Supreme Leader AYATOLLAH ALI KHAMENEI, who holds ultimate power with a final say on foreign policy and Iran's nuclear programme, said First Vice President MOHAMMAD MOKHBER, would take over as interim president. … Under the Islamic Republic's constitution, a new presidential election must be held within 50 days.”

From POLITICO’s Gabriel Gavin and Christian Oliver: “Raisi’s loyalty to the regime and its brutal methods fired speculation about his potential to replace Khamenei as supreme leader — which would give him the last word on all big political decisions. … Raisi’s death will heighten the belief among many Iranians and Iran-watchers that Khamenei’s own son, MOJTABA, will move to be frontrunner in the race to succeed his father.”

Former President Donald Trump talks to the press with his attorney, Todd Blanche, right, outside the courtroom of his trial in Manhattan criminal court Tuesday, May 14, 2024, in New York. (Curtis Means/Pool Photo via AP)

Donald Trump has repeatedly teased to reporters that he might take the stand in his hush money trial. | AP

HOME STRETCH IN NYC — This could be the last week of the Trump trial.

MICHAEL COHEN is expected to take the stand this morning and continue to be cross-examined by Trump attorney TODD BLANCHE. That questioning, according to the Trump team, should wrap up “before the morning break,” and prosecutors say they will take “under an hour” on re-direct before resting their case.

Here’s what we don’t know about what will happen next …

— Will Trump testify?

Trump has repeatedly teased to reporters that he might take the stand. The issue is still not settled.

Early last week, Justice JUAN MERCHAN asked Blanche, “Do you have any indication whether your client is going to testify?” Blanche replied, “No.”

On Thursday, as the trial wrapped for the week, the issue still wasn’t resolved: “That's another decision that we need to think through,” Blanche said.

While Trump and Blanche may have needed the weekend to mull it over, Kyle Cheney, Ally Mutnick, Ben Feuerherd report today that the consensus “among legal experts and even Trump’s political allies” is that the former president “would be a fool to testify.”

“His Republican backers say the New York trial is a sham and prosecutors haven’t proven their case — so why bother?” they write. “Former prosecutors say he would open himself up to all sorts of damaging questions, from whether he had sex with porn star STORMY DANIELS to alleged fraudulent business practices and inquiries about his honesty that could be political and legal landmines.”

The case for testifying, per SARAH KRISSOFF, a former federal prosecutor for the Southern District of New York: “From the witness stand, he’d have a chance to tell his own story which could be riveting to the jury. It would also humanize him, she said.”

— Will the defense call any other witnesses?

The only defense witness discussed during scheduling conversations in court is BRADLEY SMITH, the former FEC chair serving as a paid expert witness for Trump.

Trump’s lawyers fought to have Smith testify on a range of issues, including whether any prior hush-money payment had ever resulted in an FEC infraction (none had), the details of the superficially similar JOHN EDWARDS case and whether in Smith’s own view Trump had violated campaign finance law.

But Merchan shot all of that down in a March 18 decision, ruling that Smith had to limit his testimony to a kind of FEC 101, including its function, responsibilities and general terms “that relate directly to this case” such as what a campaign contribution is.

Trump lawyer EMIL BOVE tried to reopen the issue last week and requested Smith be able to tell the jury his views on how to interpret and apply federal campaign finance laws.

Merchan said he would consider the request over the weekend. But if it’s denied, some legal analysts we talked to yesterday thought Trump’s team might decide that it’s not even worth calling Smith. If that happens, the jury will have this case even sooner.

— What Republicans will be in court with Trump?

Trump has two notable political events planned this week: a rally in the South Bronx on Thursday and an appearance at the Libertarian National Convention in Washington on Saturday. But he’ll have a new crop of political surrogates in tow at the courthouse, as well.

This may be the last week for Republicans, especially thirsty running mate prospects, to show their support by tagging along with Trump at his trial.

While Trump enjoys parading these pols in front of the cameras to condemn the case, last week we saw a glimpse of how these surrogates are causing headaches for Trump’s lawyers when some made a commotion in the courtroom, leading prosecutors to complain.

“Some of the defense guests filed in in the middle of direct examination with their security detail,” SUSAN HOFFINGER, one of the prosecutors, told Merchan. “And I noticed that some of his guests are already here today with their security detail. But we would just ask that they not be allowed to file in, in the middle of Mr. Blanche's cross-examination.”

Merchan agreed, but Blanche said there was nothing he could do “Your Honor, I have less than zero control over what is happening on anything or anyone that's behind me when I am crossing a witness,” he pleaded.

Merchan asked if he was expecting anybody else and Blanche had as much info about that as he did about whether Trump will testify.

“Your Honor, I have no idea,” he said. “No. I'm not expecting anybody else, but I might be wrong.”

CATCH UP FAST — Recap Michael Cohen’s crucial testimony last week with the help of POLITICO’s animated bobbleheads. Watch now

Good Monday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.

 

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JUST SAY NO, JOE — We quipped over the weekend that we had reached out to President JOE BIDEN’s orbit about whether the president planned to use any illegal drugs to get ready for his upcoming debates, as Trump farcially alleged he might. We thought it was an obvious joke but not everyone on the Biden campaign got it.

In any event, the White House’s ANDREW BATES sent over this response to close the loop on our query: “It’s telling that Republican officials are unable to stop announcing how intimidated they remain by [the] President’s State of the Union performance. But after losing every public and private negotiation with President Biden — and after seeing him succeed where they failed across the board, ranging from actually rebuilding America’s infrastructure to actually reducing violent crime to actually outcompeting China — it tracks that those same Republican officials mistake confidence for a drug.”

THE GEOPOLITICS OF 2024 — “The Coming War Between DC and Silicon Valley,” by Matthew Kaminski: “Is tech just five big companies? Or is the tech economy going to be a vibrant economy?”

SPECIAL ELECTIONS EVENT — Join us virtually today at 9 a.m. for two live panel discussions featuring POLITICO reporters and editors diving into the key elections this year that are shaping the trajectories of the U.S. and the European Union. In partnership with Meridian International Center, we will discuss today’s shifting EU and U.S. politics, predictions for the Biden and Trump campaigns, the march of populism, trade, tariffs, China, the social issues affecting the vote and more. Register to watch and ask questions online here

THE WEEK — Tomorrow: Kentucky and Oregon hold presidential and congressional primaries. Biden holds official event in Nashua, New Hampshire, and fundraisers in Boston. Secretary of State ANTONY BLINKEN testifies before Senate Foreign Relations and Appropriations. … Wednesday: NIKKI HALEY speaks at Hudson Institute. Energy Secretary JENNIFER GRANHOLM testifies before Senate Appropriations. House Armed Services marks up fiscal 2025 National Defense Authorization Act. … Thursday: Biden hosts bilateral meeting, news conference and state dinner with Kenyan President WILLIAM RUTO at the White House. Trump visits the South Bronx for a campaign event. Possible announcement of Supreme Court opinions. Blinken appears before House Appropriations and Foreign Affairs. … Friday: ROBERT F. KENNEDY JR. speaks at Libertarian National Convention in Washington. … Saturday: Biden delivers commencement address at West Point. Trump speaks at Libertarian National Convention.

 

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WHAT'S HAPPENING TODAY

On the Hill

The Senate will meet at 3 p.m. to take up judicial nominations, with a vote at 5:30 p.m.

The House is out.

3 things to watch …

  1. Cryptocurrency regulation is headed to the House floor this week: After years of lobbying and discussion, votes are on tap for two crypto-industry-friendly bills — one taking some regulatory powers away from the SEC, another banning the Fed from issuing its own digital currency. Watch closely to see whether House Democratic leaders whip against these: The backdrop, as Jasper Goodman and Eleanor Mueller reported last week, is growing Democratic dismay with the Biden administration’s tough-on-crypto stance, which could pave the path for industry friendly regulation if Trump wins in November.
  2. Much of the furor has passed since a February Alabama Supreme Court ruling put attempts to restrict in vitro fertilization into the national spotlight. But in a signal that the issue remains potent on the campaign trail, Sens. KATIE BRITT (R-Ala.) and TED CRUZ (R-Texas) are introducing legislation today that would, in their words, essentially legalize IVF nationally by making it a condition for receiving federal Medicaid funding. “Our goal is to make sure that any family’s path to bringing a child into the world isn’t compromised by preventable legal confusion,” they wrote in a WSJ op-ed. Senate Democrats will probably wait to read the text closely before deciding whether they agree. 
  3. Nearly 34 years after Congress passed the Americans With Disabilities Act, Congress still has some work to do on accessibility — as in, the Capitol itself still needs some upgrades. That’s the upshot of a new letter from Reps. SHARICE DAVIDS (D-Kan.) and MARC MOLINARO (R-N.Y.) to the Architect of the Capitol inquiring about the need for more single-stall/family-size restrooms on the House campus and better signage to help visitors find them, as well as the need for curb cuts for some House-side crosswalks. Read the letter

At the White House

Biden will return to the White House from Wilmington, Delaware. At 5:15 p.m., he and second gentleman DOUG EMHOFF will speak at a Jewish American Heritage Month celebration in the Rose Garden, with VP KAMALA HARRIS attending.

 

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PLAYBOOK READS

Senate Majority Leader Chuck Schumer speaks during a press conference at the U.S. Capitol.

Senate Majority Leader Chuck Schumer said that he will bring the bipartisan Border Act to the floor this week. | Francis Chung/POLITICO

CONGRESS

TAKE TWO — CHUCK SCHUMER is trying to make this border security week. In a letter to senators yesterday the majority leader said he will bring the bipartisan Border Act negotiated by Sens. JAMES LANKFORD (R-Okla.), CHRIS MURPHY (D-Conn.), and KYRSTEN SINEMA (I-Ariz.) back to the floor this week. The bill is unlikely to pass and Schumer noted that he knows that not every Democrat will support the legislation. In February, five Democrats voted against advancing the bill, and that’s when it was tied to the foreign aid supplemental.

But perhaps the only Democratic votes that matter to Schumer are his five most vulnerable senators: JON TESTER in Montana, SHERROD BROWN in Ohio, JACKY ROSEN in Nevada, BOB CASEY JR. in Pennsylvania, and TAMMY BALDWIN in Wisconsin. In all of those races immigration is a top issue and the vote this week could give the five Democrats some cover back home. (All five supported the measure in February.)

More top reads:

JUDICIARY SQUARE

THE SAMUEL ALITO HITS KEEP COMING — “Justice Alito sold Bud Light stock amidst anti-trans boycott effort,” by Law Dork’s Chris Geidner: “[T]here are pending cases for which participation in an anti-trans beer boycott could be seen as his having a finger on the scale of justice.”

2024 WATCH

Former Environmental Protection Agency Administrator Andrew Wheeler is seen at the U.S. Capitol Nov. 16, 2022. (Francis Chung/E&E News/POLITICO via AP Images)

EPA Administrator Andrew Wheeler said he’s open to returning to the role. | Francis Chung/POLITICO

THE STAKES FOR NOVEMBER — How would a second Trump term transform Biden’s historic investments in fighting climate change? Former EPA Administrator ANDREW WHEELER is on the latest episode of the POLITICO Energy podcast, and as Josh Siegel reports this morning, he’s open to returning to the role. Wheeler envisions some planks of Biden’s green agenda coming apart quickly, including regulations on power plant pollution and electric vehicles, in the courts or at a Trump administration’s hands. His “remarks provide evidence that the presumptive GOP nominee would have experienced, capable hands eager to execute his policies,” Josh writes, and the “capable, no-thrills technocrat” is inspiring Democratic fears.

But not everything would end. Wheeler says on the podcast that big funds already set in place by the historic Biden-era climate and infrastructure laws could continue to be spent. In some cases, they “could go to technologies that fossil fuel companies favor, such as capturing power plants’ carbon pollution.”

HMM — “RFK Jr. lists voting address at Westchester home — that’s in foreclosure and neighbors have never seen him,” by the N.Y. Post’s Carl Campanile and Khristina Narizhnaya

More top reads:

  • Big money: “Miriam Adelson’s Unfinished Business,” by N.Y. Mag’s Elizabeth Weil: “One of Israel’s most ardent supporters, she could transform the presidential election if she gives to Trump like she did in 2020. … What will she expect in return?”
  • Poll position: A new CBS poll finds Trump winning Arizona by 5 points and Florida by 9, as voters continue to support abortion rights but prioritize economic and immigration concerns more. Biden’s unique unpopularity is highlighted by the frankly stunning result that Democratic Rep. RUBEN GALLEGO leads KARI LAKE by 13 points in the Arizona Senate race. (GOP Sen. RICK SCOTT is up by 8 in Florida, though.)
 

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POLICY CORNER

THIS EGG IS HATCHING — In an op-ed for POLITICO this morning, new Office of Special Counsel head HAMPTON DELLINGER announces a big enforcement change for the Hatch Act, which restricts federal employees’ partisan political activity. Dellinger says the office is cracking down on a loophole that has given special treatment to top White House officials.

AND THE WINNER IS — The Partnership for Public Service and Boston Consulting Group are out today with their latest survey analysis of the best places to work in the federal government, which overall finds that federal employee satisfaction and engagement rose significantly last year. For the 12th time in a row, NASA took the cake for large agencies, followed by HHS, while the Government Accountability Office and the National Indian Gaming Commission were the other winners. DHS and the FTC were among the most improved. But the Social Security Administration again brought up the rear, while the State Department and USAID dropped. See the full lists and details

AMERICA AND THE WORLD 

National Security Advisor Jake Sullivan briefs reporters at the White House, Monday, May, 13, 2024. (Doug Mills/The New York Times via AP, Pool, File)

National Security Adviser Jake Sullivan met this weekend with Saudi Crown Prince Mohammad Bin Salman. | Doug Mills/The New York Times via AP, Pool, File Photo

MIDDLE EAST LATEST — CBS’ Margaret Brennan reports that the U.S. and Saudi Arabia are getting closer to striking a major bilateral deal following national security adviser JAKE SULLIVAN’s meeting this weekend with Saudi Crown Prince MOHAMMAD BIN SALMAN. The first part of the deal, which could arrive within days, would strengthen ties and cover defense and nuclear cooperation. It would need approval by Congress. 

But amid the Israel-Hamas war, the next step — normalizing Saudi-Israeli relations and creating a path to a Palestinian state — looks pretty far out of reach for now. Per CBS, “Saudi Arabia has made clear that nothing can move forward without a two-state solution.”

And relations between allies Israel and the U.S. are not exactly at their peak: Axios’ Barak Ravid reports that PM BENJAMIN NETANYAHU has prevented Israeli officials from meeting with U.S. leaders and members of Congress multiple times in recent months. “Netanyahu seems to be trying to control what American politicians and diplomats hear from Israel — at a time when his government is deeply divided,” with some war cabinet members urging a post-war plan for Gaza that Netanyahu refuses to provide.

Back in Washington: An “angry” Blinken is trying to stop leaks to the press about Israel-Hamas diplomacy — an effort that itself quickly leaked to Alex Ward. … The doctor who saved Sen. TAMMY DUCKWORTH’s (D-Ill.) life, and is now trapped in Gaza, asked the White House in a new letter to help his team evacuate, Joseph Gedeon reports.

More top reads:

MORE POLITICS

BATTLE FOR THE SENATE — Are New Jersey Republicans squandering a Senate opening? The indictment of Democratic Sen. BOB MENENDEZ could theoretically give them “their best chance in decades,” but leading GOP candidates are veering toward Trump and election denialism instead of staking out moderate ground in the blue state, Katherine Dailey reports.

WAR IN UKRAINE

YELLEN AND SELLIN’ — “U.S. and Europe Move Closer to Using Russian Assets to Help Ukraine,” by NYT’s Alan Rappeport: “Treasury Secretary JANET L. YELLEN said in an interview on Sunday that several options for using $300 billion in immobilized Russian assets remained on the table. But she said the most promising idea was for Group of 7 nations to issue a loan to Ukraine that would be backed by profits and interest income that is being earned on Russian assets held in Europe.”

MEDIAWATCH

WHAT EUGENE DANIELS IS READING — “As clicks dry up for news sites, could Apple’s news app be a lifeline?” by Semafor’s Max Tani: “Executives at companies including Condé Nast, Penske Media, Vox, Hearst, and Time all told Semafor that Apple News+ has come to represent a substantial stream of direct revenue.”

 

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PLAYBOOKERS

Hunter Biden explained why he’s going after Fox News.

Elise Stefanik wasn’t happy with Shannon Bream’s questions.

Kathy Hochul went home again.

FIRST IN PLAYBOOK — Kody Kirk is now associate director in the D.C. mayor’s office of federal and regional affairs. He most recently was a congressional affairs specialist at the FDA.

TRANSITIONS — Kevin Wu is now senior legislative assistant at the Labor Department’s Office of Congressional and Intergovernmental Affairs. He most recently was domestic policy adviser for Sen. Ron Wyden (D-Ore.). … Max Frankel is now executive director of SEEC Institute, a new nonprofit founded by the House Sustainable Energy and Environment Coalition. He most recently was deputy director of Americans for a Clean Energy Grid, and is a Mike Quigley alum.

WEDDINGS — Virginia Boney, senior manager for public policy at Amazon, and Andrew Moore, chief of staff for Eric Schmidt, got married recently on Pine Island, Florida, just south of her hometown of Ponte Vedra Beach. Adam Hammer officiated. The couple met at the 2021 International Strategy Forum, where Virginia was a fellow and Andrew was working the event. PicAnother pic

— Diana Eisner, VP of policy and advocacy at USTelecom - The Broadband Association, and Morgan McCreary, assistant general counsel at Independence Pet Group, got married May 4 at the Athenaeum in Old Town Alexandria. They met on Hinge. Pic with dogs Watson and BrunoAnother pic

HAPPY BIRTHDAY: Sen. Mike Crapo (R-Idaho) … Cindy McCain (7-0) … Delaware Gov. John CarneyJon Meacham … Deputy Treasury Secretary Wally AdeyemoMarie Royce … former Reps. Mark Walker (R-N.C.), Nick Rahall (D-W.Va.) and Harold Ford Sr. (D-Tenn.) … Craig Melvin … POLITICO’s Eric Busch, Casey Arbaugh, Helena Tewolde, Grace Wisbey, Ava McFarlane, Jillian Skerry and Julia MarshGeorge Condon … State Department’s Ethan Rosenzweig (5-0) … Stacy Day … WaPo’s Amber PhillipsRebecca MorinRyan Kuresman … ABC’s Dan AbramsWalter Isaacson … APCO Worldwide’s Margery KrausMichael Oren … AP’s Chad DayRebecca Eichmann of Rep. Abigail Spanberger’s (D-Va.) office … Cassie Smedile Docksey of Coign … Lauren Wolman of the Anti-Defamation League … Amazon’s PJ Hoffman … former New York Gov. David Paterson (7-0) … Brian Darling … Time’s Phil ElliottMichael Law ... Tom McGeveranChristina Bellantoni

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Send Playbookers tips to playbook@politico.com or text us at 202-556-3307. Playbook couldn’t happen without our editor Mike DeBonis, deputy editor Zack Stanton and Playbook Daily Briefing producer Callan Tansill-Suddath.

Correction: Yesterday’s Playbook misstated Rep. Greg Steube’s (R-Fla.) age.

 

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We need to ensure our farmers have the tools they need to weather these storms — so they can feed America and keep farming viable for the next generation. Learn more at InvestInOurLand.org.

 
 

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