Biden and Garland go on offense

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Jun 04, 2024 View in browser
 
POLITICO Playbook

By Ryan Lizza, Rachael Bade and Eugene Daniels

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DRIVING THE DAY

EYES EMOJI — “This guy does not deserve to be president whether or not I'm running,” President JOE BIDEN said about DONALD TRUMP last night at a fundraiser in Connecticut. More from Myah Ward

Asylum-seeking migrants line up in a makeshift, mountainous campsite to be processed after crossing the border with Mexico.

Joe Biden will sign an executive order allowing him today that will partially suspend asylum claims at the U.S.-Mexican border. | Gregory Bull/AP

BORDER SONG — This afternoon Biden will finally sign the long-debated executive order allowing him to partially suspend asylum claims at the U.S.-Mexican border if crossings exceed a certain level.

The pageantry: Biden will be joined at the White House by “Republican, Democratic, and Independent elected officials from across the country,” per a person familiar with planning. We hear New York Rep. TOM SUOZZI, the Democratic avatar of reclaiming the immigration issue from the GOP, and RAMIRO GARZA JR., the mayor of Edinburg, Texas, will be in attendance. Many Dem lawmakers facing tough races won’t, Axios reports.

The policy: “Under the order, the U.S. would halt new asylum requests if the number of people trying to enter the country between the ports of entry reaches a daily average of 2,500 over a week,” Myah Ward and Jennifer Haberkorn report, citing three people familiar with the announcement. “It would include a provision to allow asylum petitions to resume when crossings fall back to a daily average of 1,500, the people said.”

The provisos: Asylum claims will continue to be processed at ports of entry, and there are other exceptions to the cap. Unaccompanied minors, for instance, are not affected. And Myah, who has owned this beat, also reminds us this order will be quickly challenged in the courts.

The politics: While progressive activists are unhappy with this move, Biden’s problem on immigration is not with voters on the left. That said, the White House and Biden campaign are taking care to differentiate this policy from Trump’s demagoguery about mass deportation and how immigration is “poisoning the blood” of America. The contrast they are going for is “a choice between action versus inaction,” per a person close to the campaign.

“We can have the president make the case he's doing everything possible on an issue Americans care a lot about while Trump is single-handedly working to kill the bipartisan deal that would've been a big solve here,” this person said, adding that the campaign will “needle Trump on playing games” while leaning into the practicalities of governing.

We’ll see how that nuanced approach works.

GARLAND UNLEASHED — AG MERRICK GARLAND will appear before the House Judiciary Committee at 10 a.m. for what Chair JIM JORDAN (R-Ohio) is calling an examination of “how the DOJ has become politicized and weaponized.”

Originally we expected this hearing to focus on the attempt to hold Garland in contempt of Congress for declining to turn over recordings of special counsel ROBERT HUR’s interviews with Biden.

But as GOP hardliners have realized that they don’t have a majority for a contempt vote — at least, not yet — they have pivoted to other issues with which to target Garland. (And recall that going after Garland was itself a pivot away from the Biden impeachment after that effort collapsed.)

A lot has happened since the contempt contretemps that is more top-of-mind for House Republicans: Trump was found guilty of 34 felonies in Manhattan, Republicans have become outraged about language in the DOJ order relating to the 2022 search of Mar-a-Lago, and Trump’s allies have escalated threats to defund special counsel JACK SMITH’s work.

Related read: “Merrick Garland, Three Special Counsels and a Justice Department Under Fire,” by WSJ’s Sadie Gurman and Aruna Viswanatha

In his opening remarks this morning, Garland is preparing to address all of these issues head-on — as well as the contempt threat — in remarkably pointed terms.

Garland plans to argue that producing the video “could harm the integrity of future investigations.” But he’s going to frame the contempt fight as just one aspect “in a long line of attacks on the Justice Department’s work” that includes:

  • “threats to defund particular Department investigations, most recently the Special Counsel’s prosecution of the former President”;
  • “false claims that a jury verdict in a state trial, brought by a local District Attorney, was somehow controlled by the Justice Department,” which he will call a “conspiracy theory”;
  • “individual career agents and prosecutors” being “singled out just for doing their jobs”;
  • “baseless and extremely dangerous falsehoods … being spread about the FBI’s law enforcement operations”; and
  • “heinous threats of violence being directed at the Justice Department’s career public servants.” Read the full excerpts

And last night, around 9:30 p.m., a new issue was raised by a trio of House Republicans that could make the hearing even more explosive: DOJ’s handling of Jan. 6.

Reps. ANDY BIGGS (Ariz.), CHIP ROY (Texas), and THOMAS MASSIE (Ky.) sent Garland a letter, obtained by Playbook, expressing their concerns about the department’s “aggressive prosecutions of American citizens who were present at the U.S. Capitol on January 6, 2021.” They ask Garland for a detailed accounting of every Jan. 6 criminal case.

But the letter goes off the rails with this conspiratorial aside: “In addition, other investigations have pointed to the FBI’s possible involvement in facilitating the events of January 6.” A footnote cites this N.Y. Post piece, which is about confidential informants, and does not support the irresponsible claim of FBI “involvement in facilitating” the sacking of the Capitol.

Interestingly, Jordan, who has previously dabbled in FBI-Jan. 6 conspiracy theorizing, did not sign the Biggs-Roy-Massie letter.

Some GOP sources admit privately that this line of questioning about FBI involvement in Jan. 6 is a distraction from what they originally wanted to focus on today: contempt of Congress, which doesn’t currently have the votes to pass.

Instead the hearing will address a hodgepodge of anti-DOJ issues that Garland is primed to defend, including (1) defunding parts of the department, a new Jordan priority that Speaker MIKE JOHNSON recently told us he is not interested in; (2) tying Garland to a Manhattan investigation over which he has no control; and (3) complaining about the language in the Mar-a-Lago search even though identical rules were in place for the search of Biden’s home.

Expect an interesting hearing.

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

 

A message from Groundwork Collaborative:

Do you think the tax code is fair? We don’t — and it’s time to fix it.

For too long, the tax code has been slanted towards the wealthy and large corporations, and the economy and our country have suffered as a result. The expiration of key provisions of the Trump tax law in 2025 is a rare opportunity to reform the tax code and ensure it is fair, raises revenue, and supports equitable economic growth. Learn more.

 

THE BRITISH ARE … HERE — “The Rupert Murdoch-ization of the Washington Post,” by Jack Shafer: “Like all reorg charts, the [WILL LEWIS] memo makes about as much intuitive sense as a football play diagrammed on a whiteboard, all arrows and O’s and X’s, and it over-indulges in the standard corporate-speak about ‘urgency’ and the need for ‘transparency’ every new regime peddles. … But it doesn’t take much in the way of divination to predict that the team Lewis has assembled will Wall Street Journal-ify and RUPERT MURDOCH-ize the Washington Post, and that the remodeled newspaper will be guided by British attitude and experience.”

World’s most forgivable beat-sweetener: “New Post editors Matt Murray, Robert Winnett praised for tough journalism,” by WaPo’s Jeremy Barr, Karla Adam and Laura Wagner

 

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WHAT'S HAPPENING TODAY

On the Hill

The Senate will meet at 10 a.m. and take up nominations throughout the day, with a recess from 12:30 p.m. to 2:15 p.m. for weekly conference meetings. U.S. Ambassador to China NICHOLAS BURNS will brief the Foreign Relations Committee at 10:30 a.m. FBI Director CHRISTOPHER WRAY and Treasury Secretary JANET YELLEN will testify before Appropriations subcommittees at 2:30 p.m.

The House will meet at 9 a.m. Garland will testify before Judiciary at 10 a.m. VA Secretary DENIS McDONOUGH will testify before the Veterans’ Affairs Committee at 10:15 a.m.

3 things to watch …

  1. As House Judiciary members press Garland today, so is Jordan pressing appropriators to write DOJ-targeted language into fiscal 2025 spending bills. As Jordain Carney reports, his suggestions include blocking a new FBI headquarters, requiring agents to record interviews, eliminating federal funding “for state prosecutors or state attorneys general involved in lawfare,” as well as “federal prosecutors engaged in such abuse.” That last line is a pretty clear reference to Smith — and an invitation for a tough whip when and if the Commerce-Justice-Science bill ever hits the floor.
  2. The House will vote this afternoon on the Illegitimate Court Counteraction Act, a GOP-sponsored bill that would sanction members of the International Criminal Court in retaliation for expected war crimes charges against top Israeli officials. The White House is objecting, arguing the bill ensnares those “who provide even limited, targeted support to the court” but is not issuing a veto threat. “There are more effective ways to defend Israel, preserve U.S. positions on the ICC, and promote international justice and accountability,” the memo reads. Still, watch for a handful of Democrats to break ranks.
  3. The Senate is on track to confirm two D.C. Superior Court judges in the coming days. As our colleague Michael Schaffer recently explained, that’s good news for the beleaguered local court system in the District, which rarely decides hot-button political matters but still has seen the Senate dither as caseloads mount. If court nominees TANYA BOSIER and JUDITH PIPE win confirmation as expected this week, four others still await floor action, with another five stuck in committee.

At the White House

Biden and first lady JILL BIDEN will host the White House Congressional Picnic at 6:15 p.m. on the South Lawn, where the president will deliver remarks, before he heads to Paris at night.

 

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PLAYBOOK READS

ALL POLITICS

Rob Menendez, son of the current U.S. Sen. Bob Menendez, enters the voting booth in Jersey City, N.J., Tuesday, June 7, 2022. Rob Menendez, a Port Authority of New York and New Jersey commissioner, is running for a seat being vacated by retiring Democratic Rep. Albio Sires. (AP Photo/Seth Wenig)

Democratic Rep. Rob Menendez faces a tough challenge in New Jersey's 8th district. | Seth Wenig/AP Photo

PRIMARY COLORS — It’s Election Day again in America, as D.C., Iowa, Montana, New Jersey, New Mexico and South Dakota head to the polls for a mixture of presidential, congressional and down-ballot primaries. FiveThirtyEight’s Kaleigh Rogers and Geoffrey Skelley have a good breakdown of what to expect. Among the top races to watch:

President: How big will the protest votes against Biden and Trump (via NIKKI HALEY) continue to be? And where are the dissenters concentrated?

New Jersey’s 8th District: Democratic Rep. ROB MENENDEZ faces a tough challenge from Hoboken Mayor RAVI BHALLA, who’s been hammering the incumbent over the legal troubles of his father, Sen. BOB MENENDEZ.

Montana’s 2nd District: Former Rep. DENNY REHBERG is making a comeback bid in the safe Republican seat that Rep. MATT ROSENDALE is vacating. But he’s been outraised in the GOP primary by state Auditor TROY DOWNING.

And there’s more: New Jersey’s 3rd District will see Democrats tap their favorite to succeed Rep. ANDY KIM. Rep. BILL PASCRELL faces a Democratic primary challenge from Prospect Park Mayor MOHAMED KHAIRULLAH over his support for Israel, as our Garden State colleagues preview. And LANON BACCAM is considered the frontrunner to win the Democratic primary to take on GOP Rep. ZACH NUNN (R-Iowa), but MELISSA VINE is also in the mix.

More top reads:

  • With friends like these: Former Rep. MONDAIRE JONES, seeking a comeback, endorsed GEORGE LATIMER’s primary challenge to Rep. JAMAAL BOWMAN (D-N.Y.) in a big break over the Israel-Hamas war, NYT’s Nicholas Fandos reports.
  • Ad it up: Evergreen Collaborative is going up with a new seven-figure ad campaign emphasizing the achievements of the Inflation Reduction Act, featuring Michigan Gov. GRETCHEN WHITMER and Wisconsin Gov. TONY EVERS celebrating its local impact.

2024 WATCH

CASH DASH — The Trump campaign and the RNC together raised a whopping $141 million in May, they announced yesterday. That’s almost twice his already sizable April haul, turbocharged by the backlash to his criminal conviction at the end of the month. We don’t have Biden’s numbers yet — or Republicans’ cash-on-hand total — but the president has never raised this much. More from Bloomberg

HOW TRUMP WINS — JILL STEIN’s campaign says she’s close to amassing the required signatures to get on the Pennsylvania ballot, per the Washington Examiner’s Emily Hallas. And pending a review, parties backing ROBERT F. KENNEDY JR. and CORNEL WEST said they’d submitted enough signatures to qualify in North Carolina, AP’s Gary Robertson reports.

WARNER WARNING — “Intelligence chairman says US may be less prepared for election threats than it was four years ago,” by AP’s David Klepper

MEDIAWATCH

WHISKEY TANGO FOXTROT — “Feds Accuse Far-Right Newspaper of Being a Money Laundering Operation,” by The Daily Beast’s Justin Baragona: “The chief financial officer of The Epoch Times has been indicted for his alleged participation in a $67 million money laundering scheme that involves the far-right newspaper.”

 

A message from Groundwork Collaborative:

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Do you think the tax code is fair? We don’t — and it’s time to fix it.

 

AMERICA AND THE WORLD 

Israeli Prime Minister Benjamin Netanyahu arrives for a briefing near the Salem military post in the occupied West Bank on July 4, 2023. Israel's biggest military operation for years in the occupied West Bank continued for a second day on July 4, leaving at least 10 Palestinians dead and forcing thousands to flee their homes as the government said it struck "with great strength" the militant stronghold.   (Photo by Shir TOREM / POOL / AFP) (Photo by SHIR TOREM/POOL/AFP via Getty Images)

Hill leaders are deciding on a date for Israeli Prime Minister Benjamin Netanyahu to address Congress. | Shir Torem/Pool/AFP via Getty Images

MIXED SIGNALS — It was a day of some confusion on multiple fronts in the U.S.-Israel relationship, as Hill leaders chose — and then backtracked on — a date for Israeli PM BENJAMIN NETANYAHU to address Congress, and questions kept swirling about whether Israel was on board with Biden’s cease-fire plan.

First it was reported that Netanyahu would speak in D.C. on June 13 (when Biden will be in Europe), but that was then ruled out because it’s the Jewish holiday of Shavuot, CNN’s Kevin Liptak and Haley Talbot recap. Johnson then told reporters they’re working on nailing down a date in the next couple of weeks.

The world, meanwhile, kept puzzling over Israel’s and Hamas’ stances toward cease-fire negotiations and the framework Biden laid out last week. Some of the ambiguity may be intentional. Netanyahu’s remarks in private yesterday were characterized by the WSJ as showing “cautious support” for the U.S. effort, by Bloomberg as insisting that there would be no permanent cease-fire before all hostages are back, and by Axios as worrying some Israeli officials that he could undermine the process.

TRUMP CARDS

SAY GOODNIGHT, FANI — Trump’s appeal of the decision allowing Fulton County, Georgia, DA FANI WILLIS to remain on the case was scheduled for oral arguments Oct. 4, per The Atlanta Journal-Constitution. That almost certainly ensures that Willis’ sprawling election subversion case won't go to trial before the election. The three appellate judges, randomly assigned, are all GOP appointees.

CONVICTION FALLOUT — “Michael Cohen’s family doxxed after Trump guilty verdict in porn star hush money case,” by NBC’s Ryan Reilly

REALITY CHECK — “Could Trump be forced to govern from a prison cell? Don’t count on it,” by Josh Gerstein: “If he’s sentenced to prison time and also wins the election, the courts will face a clash of constitutional interests.”

JUDICIARY SQUARE

WASHINGTON, DC - DECEMBER 13: U.S. President Joe Biden's son Hunter Biden talks to reporters outside the U.S. Capitol on December 13, 2023 in Washington, DC. Hunter Biden defied a subpoena from Congress to testify behind closed doors ahead of a House vote on an impeachment inquiry against his father.  (Photo by Kevin Dietsch/Getty Images)

Oral arguments kick off today in Hunter Biden's federal gun trial. | Kevin Dietsch/Getty Images

GATHERING HUNTER — The gun trial for HUNTER BIDEN got off to a fast start yesterday in Wilmington, Delaware, as a jury of six women and six men was seated ahead of oral arguments kicking off today, Betsy Woodruff Swan and Ben Schreckinger report. The trial picks back up at 9 a.m.

The felony gun case could publicize painful details of the presidential son’s addiction struggle and family dynamics, the WSJ notes. Some Democrats also remain concerned that his trial could be a political drag on the president and his party. Perhaps the biggest risk is the emotional strain Hunter’s trial could place on the president, who has “grown consumed” by worries in recent weeks, Jonathan Lemire reports.

SCOTUS WATCH — Chief Justice JOHN ROBERTS and Justices SAMUEL ALITO and KETANJI BROWN JACKSON attended the Supreme Court Historical Society’s celebration of its 50th anniversary at a dinner held last night in the court’s Great Hall, our SCOTUS-watcher Josh Gerstein reports.

At a meeting in the ornate courtroom a few steps away a few hours earlier, members elected the society’s leaders. Among those reelected to a three-year term as trustee: HARLAN CROW, the Texas real estate billionaire whose largesse toward Justice CLARENCE THOMAS fueled recent ethics controversies around the court. Crow was not present.

The society also announced a leadership transition: After serving as president since 2017, CHILTON VARNER of Atlanta’s King & Spalding will hand off the post to CARTER PHILLIPS of Chicago’s Sidley Austin.

POLICY CORNER

MEGATREND — “Billions in taxpayer dollars now go to religious schools via vouchers,” by WaPo’s Laura Meckler and Michelle Boorstein: “The rapid expansion of state voucher programs follows court decisions that have eroded the separation between church and state.”

ANTITRUST THE PROCESS — “FTC preparing lawsuit over alcohol pricing,” by Josh Sisco: “The FTC is targeting Southern Glazer’s Wine and Spirits, the largest U.S. alcohol distributor, with a Depression-era price discrimination law not used by the agency in more than 20 years.”

 

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PLAYBOOKERS

Aileen Cannon faced quite the wave of complaints, thanks to Glenn Kirchner.

Anthony Fauci had a blockbuster hearing on the Hill.

Dr. Phil is interviewing Donald Trump.

Elise Stefanik’s ethics complaint against a Trump judge and law clerk was tossed out.

To Chuck Grassley, every day is National Egg Day.

John Rose’s son found the spotlight.

FIRST IN PLAYBOOK — Former British PM Liz Truss has corrected the American e-book version of her new book to remove a fake antisemitic quote, Daniel Lippman reports. In her book “Ten Years to Save the West” ($29.99), Truss repeated a quote falsely attributed to a member of the famous Rothschild banking family.

Truss previously told a British Jewish group she was “horrified” to learn its use by antisemites to portray the Rothschilds and Jews as trying to control the financial system, the BBC reported.

Tony Lyons, president and publisher of Regnery’s Skyhorse Publishing, said possible future printed editions of the book would also be corrected: “We take the strongest possible stance against antisemitism and have been shocked at the way the publishing industry as a whole has been willing to allow, accept and even promote antisemitism.”

HAPPENING TONIGHT — The Auschwitz Jewish Center Foundation will hold its annual gala tonight at Manhattan’s Chelsea Piers, where MSNBC’s Joe Scarborough and Navy general counsel Sean Coffey will receive its Excellence in Media and Fighting Hatred Awards. We got an excerpt from Scarborough’s acceptance speech about the importance of not looking away from Oct. 7: “Viewers of this program often write to ask that we shy away from the heinous details of what actually happened that day,” he’ll say. “But we cannot avert our eyes.”

OUT AND ABOUT — The U.S. Global Leadership Coalition hosted its 2024 Global Impact Forum yesterday at the Grand Hyatt. SPOTTED: national security adviser Jake Sullivan, Joint Chiefs of Staff Chair Gen. C.Q. Brown, Agriculture Secretary Tom Vilsack, Chad Wolf, David Beasley, Norm Coleman, Amos Hochstein, retired Gen. Richard Myers, retired Lt. Gen. Douglas Lute, Reps. Steny Hoyer (D-Md.) and Sydney Kamlager-Dove (D-Calif.), Dan Glickman, Roslyn Brock, Sarah Brenholt, Sean Callahan, Candi Wolff, Jim McGreevy and Bill Eggers.

FIRST IN PLAYBOOK — Noah Cavicchi is now principal on Precision Strategies’ comms team. He previously was public affairs and advocacy manager at Locust Street Group.

Taylor Hulsey is now director of public relations at Pivot PR. He previously was comms director for Rep. Vern Buchanan (R-Fla.).

MEDIA MOVE — Lisa Kashinsky, who’s authored Massachusetts Playbook for the past three years, is taking on a new role as a national political reporter at POLITICO. Kelly Garrity will take the helm in Boston.

TRANSITIONS — Reggie McCrimmon is joining Crossroads Strategies as SVP. He previously was government affairs and public policy manager at Google, and is a Twitter and Congressional Black Caucus alum. … Daniel E. White is now deputy assistant secretary for strategic integration and policy planning at DHS. He most recently was deputy chief of staff to the secretary of the Army. … Hannah Anderson is joining the America First Policy Institute as director of the Center for a Healthy America. She previously was health policy adviser for the Senate HELP GOP. …

Daniel Nasaw is launching Park View Group, a comms and content consultancy in the AI, cybersecurity and defense-tech spaces. He previously was national security news editor at the WSJ, and is a BBC and The Guardian alum. … Allie Owen is now national development director for LPAC. She will continue to be finance director for Florida Women’s Freedom Coalition, raising money for the Florida abortion referendum. … Sean Buck will be president of the National Training & Simulation Association. He previously was superintendent of the U.S. Naval Academy.

WEEKEND WEDDING — Elizabeth Lopez-Sandoval, deputy director of public affairs at DOT, and Stephen Heverly, senior director of strategic comms at the Hatcher Group, got married this weekend in Valle de Guadalupe, Mexico. They had a tacos-and-mezcal welcome party at Cuatro Cuatros and their wedding celebration at Casa Magoni. The couple met in 2014 working on David Alvarez’s San Diego mayoral campaign. PicAnother pic

HAPPY BIRTHDAY: Sen. Mike Lee (R-Utah) … Reps. Chris Pappas (D-N.H.), Marie Gluesenkamp Perez (D-Wash.) and Jim Baird (R-Ind.) … Colby Itkowitz … ProPublica’s Justin Elliott … NBC’s Emily Gold … POLITICO’s Carlos Anchondo and Chase SuttonScott TranterCamden Stuebe of Free the Facts … Joey Coon of the Niskanen Center … Amy Surber Eklem … Koch Industries’ Steve Lombardo … Meta’s Ryan Daniels … Dentons’ Jason Attermann John Arundel of Perdicus Communications … Mort Zuckerman Amelia Showalter David Bolger Mike MurphyCharbel AntounDaniel SwartzMay (Davis) Mailman

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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 included an outdated professional affiliation for Sophia Sokolowski. She is with the White House Office of Intergovernmental Affairs.

 

A message from Groundwork Collaborative:

In 2017, Donald Trump gave huge tax cuts to the rich and big corporations. He said the benefits would trickle down to regular workers. They didn’t.

In 2025, a lot of Trump’s tax cuts expire. That’s our moment to fundamentally change our tax code to make it more fair, sustain the investments that will create an economy that works for all of us, and foster equitable growth and prosperity.

We’ve missed chances to fix our tax code before. Decades of tax cuts for the rich have skewed the economy in their favor and made it harder to cover the costs of the things we need as a country.

We can’t afford to miss this opportunity to restore a fair tax code, and over 100 civil society organizations agree.

 
 

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