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| | | |  | DRIVING THE DAY | | NEW THIS MORNING — Looking for up-to-the-minute 2024 campaign coverage? POLITICO is now showcasing the full breadth and depth of our reporting and analysis at politico.com/2024, a live blog where our reporters will bring you the latest scoops, share exclusive Q&As and tell you who’s winning each day over the next three weeks. First up: Ally Mutnick on how the size of the Senate majority will come down to the Rust Belt, per GOP polling. TRACK THE ‘PANDA EXPRESS’ — The FedEx Boeing 777 believed to be carrying the National Zoo’s newest pair of giant pandas is in the air over Saskatchewan and due into Dulles later this morning. More from WaPo’s Michael E. Ruane and Lyric Li
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The Justice Department on Friday filed suit against the state of Virginia, alleging it broke federal law by systematically striking people off its voter rolls within 90 days of the election. | Cliff Owen/AP | THE ‘LAWFARE’ ELECTION? — Election Day is 21 days from today, and the political world is preparing in all the usual ways: The presidential candidates are fanning out across the swing states, billions of dollars of advertising are flooding the airwaves, and campaigns are finalizing their knock-and-drag operations ahead of the final push. But if you want a real sense of what to expect down the home stretch, consider just how much this election will play out in the courts, not on the trail. We got a glimpse of this over the long weekend. The Justice Department on Friday filed suit against the state of Virginia, alleging it broke federal law by systematically striking people off its voter rolls within 90 days of the election. The move met with immediate objections from Virginia Gov. GLENN YOUNGKIN, who called the lawsuit “politically motivated” and “a desperate attempt to attack the legitimacy of the elections in the Commonwealth,” and state AG JASON MIYARES, who vowed to fight. The names that Virginia purged its rolls included some suspected noncitizens, so the DOJ lawsuit was quickly seen as evidence across the conservative orbit that President JOE BIDEN and VP KAMALA HARRIS are trying to allow ineligible voters to cast ballots. Notably, Speaker MIKE JOHNSON cried foul last night when his attempt to raise the lawsuit on CBS’ “Face the Nation” got cut from the broadcast. The fact is, the stakes of the Virginia lawsuit and another similar case filed against Alabama are relatively small. As WaPo reports, there is “no evidence that any noncitizens have tried to vote during [Youngkin’s] term in Virginia,” and the handful of affected voters are free to cast provisional ballots. What it does underscore, however, is just how much the election is set to play out in the legal arena — with dozens of lawsuits already underway and many, many more expected the closer we get to Election Day. The flurry of litigation is happening on all sides: For every DOJ lawsuit aimed at protecting voting access, sparking fury on the right, there are on many more being filed by conservatives looking to restrict access to voting and otherwise shape election procedures, said WENDY WEISER of the Brennan Center for Justice. “We saw a little bit of it in 2020, but it has exploded,” she told us last night. “They're using the courts to spread conspiracy theories, to put some veneer of legal belief to stoke conspiracy theories.” Consider what happened after the 2020 election: When DONALD TRUMP ’s campaign litigated its claims of a stolen election, some cases were thrown out by judges who said they should have gone to court earlier. They’re not making the same mistake this time. The Harris campaign is already involved in dozens of lawsuits — one official we spoke with last night boasted about winning nine out of ten cases that have already been decided — while assembling what they are calling the “biggest voter protection operation in presidential campaign history.” Hundreds of lawyers are on call for Harris in all 50 states, led by former White House Counsel DANA REMUS and including such big names as BOB BAUER, MARC ELIAS, DON VERRILLI, SETH WAXMAN and JOHN DEVANEY. The aggressive pre-election effort, the official said, is aimed at trying to “debunk the misinformation” before it takes hold: “That's how you get at the stuff that underlies what became Jan. 6.” The Trump campaign didn’t get back to us to detail their similarly vast legal efforts, but we caught up with MIKE DAVIS, one of Trump’s closest legal advisers who could fill any number of key roles in a second Trump administration. He defended the right of Virginia and Alabama to clean up their voter rolls ahead of the election, calling it “an absurd reading of the statute” to argue that states can’t prevent noncitizens from voting, even within the 90-day “quiet period.” And he attacked the DOJ lawsuit as a politically motivated attack. “The more the Democrat party bosses see Kamala’s sinking ship, the more desperate they're going to get with their lawfare,” Davis said. But you can expect the real fireworks after Election Day. With as many as seven swing states expected to be closely contested within a percentage point or two, litigation could dominate the weeks after ballots are cast. Weiser said she feared there could be so many post-election lawsuits that the final election certification deadline of Dec. 17, set in federal law, might be threatened. “There are multiple layers of protection to prevent that from happening,” Weiser said. But “if it's happening in many places at once and there is so much being thrown at [the legal system], it could be a sort of forcible delay tactic to try to thwart the state's results from being certified.” Related reads: “Trump claims Justice Dept. sued to add ‘illegal voters’ to the rolls in Virginia. Here's a fact check,” by CBS’ Laura Doan … “Republicans face backlash for lawsuits targeting overseas and military voting,” by WaPo’s Amy Gardner, Jacqueline Alemany and Dan Lamothe … “How Trump allies stoked election chaos in Detroit in 2020 — and what they’re planning in 2024,” by NBC’s Ryan J. Reilly and Jane C. Timm Good Tuesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade and Eugene Daniels.
| | | | A message from Zelle®: Millions of people already count on Zelle® to send and receive money. And our impact doesn't stop there. We're helping users spot scams and fraud. Take Safety 101. | | | IN MEMORIAM — “Tom Donohue, titan of the U.S. Chamber of Commerce, dies at 86,” by Axios’ Mike Allen: He was “a booming Beltway voice for business who vastly expanded the clout and wealth of the U.S. Chamber of Commerce … Donohue, a sought-after voice for business on TV and Capitol Hill, jetted the country, using his fundraising prowess to enlarge the U.S. Chamber as a formidable voice for Main Street.” DJ DAFFY DON — “Donald Trump abandons town hall Q&A to play James Brown and Pavarotti after two people taken ill,” by the Daily Mail’s Rob Crilly: “First came Ave Marie, Schubert's masterpiece that is a favorite at weddings and funerals, as Trump stood center stage looking out into the middle distance. Then came Pavarotti and James Brown. And finally, inevitably, the Village People singing 'Y.M.C.A.'” Says Rob: “I was at Trump's golden escalator launch, flew out of Washington with him in 2020 and have probably been to 100 rallies, give or take. Have never seen anything like tonight.”
| | | | A message from Zelle®:   Over 40 million Americans saw our safety education content in 2023. Can you spot the payment scam? Explore our tips to find out: https://www.zellepay.com/safety-education | | | | | WHAT'S HAPPENING TODAY | | On the Hill The Senate and the House are out. What we’re watching … Plenty of attention is being paid to the role that centrist Sens. SUSAN COLLINS (R-Maine) and LISA MURKOWSKI (R-Alaska) might play in a split-government scenario next year. But don’t sleep on what another Mainer, Democratic Rep. JARED GOLDEN, might mean for governing if his party flips the House. As Garrett Downs reports from Rangeley, Golden is “on the cusp of becoming a power broker” if he can survive yet another close race. He’s pledging to revitalize the Blue Dog Coalition alongside fellow young centrists “who actually want to legislate and use leverage to get things done the way they should be done for their districts.” At the White House Biden will travel from Wilmington, Delaware, to Philadelphia, where he’ll speak at a political event at 6:45 p.m., before he and first lady JILL BIDEN return to the White House at night. On the trail Trump will have an interview with Bloomberg and the Economic Club of Chicago at noon Eastern. Then he’ll travel to Atlanta, where he’ll speak at 7:30 p.m. Harris is in Detroit. She’ll have a live interview with CHARLAMAGNE THA GOD at 5 p.m. on iHeartRadio. Minnesota Gov. TIM WALZ will travel to Pennsylvania for events in Lawrence County and Butler County, a rally in Pittsburgh and a fundraiser in Pittsburgh. He’ll head to D.C. at night.
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| |  VP Kamala Harris leaned harder into concerns for American democracy if Donald Trump is elected at her rally yesterday. | Jacquelyn Martin/AP Photo | KEYS TO THE KEYSTONE STATE — At her rally in Erie, Pennsylvania, yesterday, Harris leaned harder into concerns for American democracy if Trump is elected. She highlighted his comments about his political rivals being “the enemy within” and deploying the military on Election Day, going so far as to play a clip of Trump, per Reuters. The focus on democracy was part of a multi-pronged approach in Pennsylvania, coming on top of a suite of economic and health proposals targeted toward Black men earlier yesterday. The Harris campaign sees educated suburban voters and NIKKI HALEY supporters as the key to her winning the state, according to a new memo scooped by NBC’s Allan Smith. If she can improve on Biden’s performance in the suburbs, as some polls indicate, and with moderate Republicans, Harris could counteract erosion elsewhere. In particular, Harris may benefit from making inroads with white women, NBC’s Ali Vitali and Stefanie Cargill report from Erie. A growing gender divide and emerging political realignment may materialize this fall, with younger white women especially motivated by abortion rights, though the economy remains a comparative strength for Trump. RACE FOR THE WHITE HOUSE FIRST IN PLAYBOOK — EMILYs List’s Women Vote and Future Forward are kicking off a $10 million ad campaign focusing on abortion across TV and digital/streaming platforms. The ad, titled “Choice” and running in swing states, draws a sharp contrast between Harris’ pledge to restore abortion rights and Trump’s pivotal role in ending Roe v. Wade. Watch it here APPOINTMENT VIEWING — As Harris works to reach voters beyond her base, she’s teeing up one or maybe two high-profile interviews on unfamiliar terrain. Fox News announced that she’ll sit down with BRET BAIER for an interview in Pennsylvania that will air Wednesday. And her team is in talks for a possible appearance on JOE ROGAN’s podcast, Reuters’ Jeff Mason and Nandita Bose scooped, though it’s not set yet. Trump also dangled a potential Rogan spot. WATCH THIS SPACE — “Conservative Activist Seizes on Passages From Harris Book,” by NYT’s Stephanie Saul, Vimal Patel and Dylan Freedman: “A report by CHRISTOPHER RUFO says the Democratic presidential nominee copied five short passages for her 2009 book on crime. A plagiarism expert said the lapses were not serious.” Rufo’s response: “The New York Times is lying about my plagiarism story and I have the receipts to prove it.” ENDORSEMENT ROUNDUP — Though the national firefighters union refused to back Harris, its California chapter broke away to back her yesterday amid Trump’s threats to withhold wildfire aid from the state, Camille von Kaenel reports from Sacramento. THE YOUTH VOTE — “College Vote Confidential,” by Puck’s Peter Hamby: “Interviewing college students on a swing state tour through the South, a couple themes emerged among the voters who may decide the election: Young women are fired up for Kamala, Black men are Trump-curious, and ‘Brat summer’ is definitely over.” A POX ON BOTH HOUSES — The housing crisis has brought Harris and Vance together in rare agreement that big corporate investors buying up homes has been a major contributor, Katy O’Donnell reports. There’s just one problem: Experts say both are wrong. POLES APART — Remember when Harris told Trump in their debate he should tell “the 800,000 Polish Americans right here in Pennsylvania” he would sell them out to Russian President VLADIMIR PUTIN after he trades off Ukrainian land to end the war in Europe? Well, Polish Americans responded with … a shrug. Our British colleague Emilio Casalicchio has been driving around the crucial swing state talking to American Poles, who told him the war in Ukraine is not top of their priorities. Surprise, surprise: it’s the price of groceries and immigration. RACE FOR THE SENATE KARI-ING ON — As she tries to convince swing voters to elect her to the Senate, Arizona Republican KARI LAKE has largely tried to avoid talking about the election denialism that made her a MAGA superstar. Asked by Democratic rival Rep. RUBEN GALLEGO at a debate last week, for instance, to renounce her efforts to challenge her 2022 gubernatorial loss, she replied , “Can I talk about water?” But in front of more partisan audiences, she continues to strike a different tone, our colleague Daniel Lippman reports. Speaking in a fireside chat posted late last week by pro-Trump influencer BRANDON STRAKA, Lake called for the firing of prosecutors who charged those who stormed the Capitol on Jan. 6, 2021, calling them “tyrants.” (Straka pleaded guilty in 2022 to a disorderly conduct charge for his involvement in the riot.) With Trump in power, she said, “We need to start … firing the people who we know were behind all of the persecution of our fellow citizens for exercising the First Amendment right,” she said. “It’s unbelievable.” Asked for comment on the remarks, a Lake spokesperson instead attacked Gallego as “more extreme than any other candidate running for federal office” and said Lake has “worked to unite the Republican Party” by garnering endorsements from different wings of the party. Related read: “How one of MAGA’s brightest stars went from unstoppable to long shot,” by Business Insider’s Bryan Metzger YIKES — Sen. BOB CASEY (D-Pa.) gets the full four Pinocchios from WaPo’s Glenn Kessler, who fact-checks an outright false claim Casey makes direct to camera in a new ad about DAVID McCORMICK planning to cut Medicare and Social Security. RACE FOR THE HOUSE THE NEW GOP — Speaker Johnson said he thinks a political realignment can hand Republicans full control of Washington, as the party makes inroads with Black, Hispanic, Jewish and union voters, NBC’s Scott Wong reports from Hellertown, Pennsylvania. POLL POSITION DEMOGRAPHIC DIVE — Trump leads 50 percent to 45 percent among Catholic voters nationally, per a new survey from the National Catholic Reporter. National: Harris +3, per TIPP Insights. Harris +1 or +2, per (unrelated) Harris/Harvard. … Arizona: Trump +2 and Gallego +4, per GOP-aligned Trafalgar. … Georgia: Trump +3, per RMG Research.
| | | | | PLAYBOOK READS | | AMERICA AND THE WORLD
|  Israeli PM Benjamin Netanyahu told U.S. officials that he’s open to forgoing nuclear and energy targets and instead focusing on the Iranian military. | Pamela Smith, File/AP Photo | MIDDLE EAST LATEST — The U.S. has gotten signals that Israel may be limiting its retaliatory strikes on Iran, stopping short of the biggest escalatory possibilities, WaPo’s Shira Rubin and Ellen Nakashima scooped. Israeli PM BENJAMIN NETANYAHU told U.S. officials that he’s open to forgoing nuclear and energy targets and instead focusing on the Iranian military. That would be a welcome shift for the U.S. And though northern Gaza is on the brink of a starvation crisis, Israel’s defense minister told Defense Secretary LLOYD AUSTIN they’re not implementing a controversial plan to starve Hamas into surrender, Axios’ Barak Ravid reports. Israel’s softened position on striking Iran helped ease the way for Biden to announce the deployment of a major defense system to Israel, per the Post. But the THAAD system’s departure, along with about 100 troops, will further strain the U.S. Army and could even push back the timeline for missile modernization, AP’s Lolita Baldor reports. “The move adds to what have been growing tensions within the Defense Department about what weapons the U.S. can afford to send to Ukraine, Israel or elsewhere.” The domestic fallout: The Arab American PAC announced it won’t back Harris or Trump, a blow to the VP from a group that typically endorses Democrats, per Reuters’ Kanishka Singh. The group said that both “have endorsed genocide.” And though the Harris campaign has significantly stepped up outreach to Arab American and Muslim community leaders in the past two weeks, NBC’s Alex Seitz-Wald and Shaquille Brewster report , those who support her publicly have faced intense blowback. HAPPENING THIS WEEK — “Indian committee probing US assassination plot plans to visit Washington, State Dept says,” by Reuters’ Simon Lewis BEYOND THE BELTWAY REALITY CHECK — “Don’t call it Trump-proofing,” by Blanca Begert and Alex Nieves in LA: “As California officials prepare to defend their climate policies from a potential second Donald Trump administration, a new reality is dawning on them: Trump may have already won. … [N]o matter who wins in November, many of their climate rules could end up before a Supreme Court stacked with Trump appointees hostile to climate regulation.” BUBBA STEPS IN IT — “Trump campaign tries to push immigration issue over Bill Clinton’s comments on Laken Riley,” by CNN’s Eric Bradner and Kit Maher
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Neomi Rao is among the names for Supreme Court nomination that could appeal to both sides of the GOP. | J. Scott Applewhite/AP Photo | JUDGE FOR YOURSELF — There’s a growing divide in the conservative legal world over the kinds of judges Trump should select if he returns to the White House, WSJ’s Jess Bravin and Ryan Barber report . On one side is the Federalist Society old guard, who loved his conservative remaking of the federal judiciary in his first term but have since grown concerned about his legal struggles and actions around the 2020 election. On the other are America First Legal and other Trump loyalists, like Mike Davis, who want Trump to emphasize MAGA loyalty and move faster to cut the federal government down to size — by appointing more judges like AILEEN CANNON and the Fifth Circuit Court of Appeals. The latter group, as you might expect, is on the upswing. As in so many other arenas of the Republican Party, an aggressive approach focused on fidelity to Trump has taken precedence over longer-standing conservative ideals. Nonetheless, “[s]ome of the divisions within the movement are more of style than substance, and both the traditionalists and upstarts are likely to be represented in a future Trump administration.” Potential Supreme Court picks like ANDREW OLDHAM and NEOMI RAO could appeal to both factions. CONGRESS ACCOUNTABILITY READ — “Tribal College Campuses Are Falling Apart. The U.S. Hasn’t Fulfilled Its Promise to Fund the Schools,” by Matt Krupnick for ProPublica: “In the 1970s, Congress committed to funding a higher education system for Indigenous communities. But annual funding today is $250 million less than what was promised.” THE WHITE HOUSE TAKING THE PODIUM — Axios’ Alex Thompson reports that press secretary KARINE JEAN-PIERRE has prevented national security counterpart JOHN KIRBY from appearing with her at briefings from the podium in the past couple of months. There have long been reported tensions/power struggles between the two. The White House tells Axios that the story is incorrect. POLICY CORNER WHISKEY TANGO FOXTROT — “30% of the cameras in Border Patrol’s main surveillance system are broken, memo says,” by NBC’s Julia Ainsley
| | | | | | PLAYBOOKERS | | Ken Klippenstein was visited by the FBI. Philip Esformes, whose sentence was commuted by Donald Trump, was arrested for domestic violence. Gwen Walz opened up about her fertility journey. Tim Walz has a very faint Irish connection. IN MEMORIAM — “William H. Mellor, 1950-2024,” by the WSJ editorial board: “Mellor co-founded and for many years was president of the Institute for Justice, whose causes have often been taken up in these columns. IJ’s mission is to help Americans whose rights are being violated by government.” OUT AND ABOUT — An event at the National Museum of African American History and Culture last night celebrated interfaith connections between Black and Jewish communities and 100 years of the Scotland AME Zion Church. Rep. Jamie Raskin (D-Md.) spoke, and Lesli Foster moderated a conversation with Martin Luther King III, Amy Spitalnick, Rabbi David Saperstein and Erika Gault. SPOTTED: Robert and Anna Trone, Mitchell and Emily Rales, Gretchen Greiner-Lott and David Marriott. MEDIA MOVE — Brian Schwartz will be a White House economic policy reporter at the WSJ. He previously has been a political finance reporter at CNBC. TRANSITIONS — Andrew Overton is joining the Export-Import Bank as press secretary. He previously was a managing director at FGS Global, and is a British Embassy and 2020 Democratic National Convention alum. … Michael Lukso is now head of U.S. policy and advocacy at Kraken Digital Asset Exchange. He previously was VP of government affairs and lead Democratic lobbyist at the American Investment Council, and is a longtime Hill alum. … Pearson Croney-Clark is joining SEEC Institute as director of external affairs. She previously was public affairs manager at Oatly. WEDDINGS — Bill McCann, CEO of SMI, and Juliana Lopez, who works in the D.C. hospitality industry, got married recently, with a reception at the Army Navy Country Club in Arlington, Virginia. Pic … Another pic, with dog Harry — Ana Lejava, policy specialist at the Georgetown Institute for Women, Peace & Security, and Nicholas Calbos, a U.S. Foreign Service officer, got married Sunday in Tsinandali, Georgia. They met at a charity event in New York. Pic … Another pic … SPOTTED at the wedding and an earlier welcome party in Tbilisi: Tom and Bonnie Miller, Theresa Sabonis-Helf, Melanne and Philip Verveer, Ayse Kadayifci-Orellana, Jess Keller, Allie Smith, Melissa Shields, Sophie Lejava, Nino Japaridze, Jessica Smith, Sarah Rutherford, Caroline Burns and U.S. Ambassador to Georgia Robin Dunnigan. BIRTHWEEK (was yesterday): Treasury’s Neil MacBride HAPPY BIRTHDAY: NBC’s Jon Allen … White House’s Erica Loewe … Lis Smith … Anna Farías … Jenni Pierotti Lim … Brian Walsh of Red Elephant Strategy … Heather Caygle … John Doty of House Judiciary/Rep. Jerry Nadler’s (D-N.Y.) office … Mark Bednar … Liz Kenigsberg of SKDK … John “J.B.” Byrd of Miller/Wenhold Capitol Strategies … Jose Villalvazo of Sen. Alex Padilla’s (D-Calif.) office … Casey Harper of the Center Square … New Heights Communications’ Christy Setzer and Promise Pitman … John Martin of Smith & Nephew … Nippon TV’s Takaaki Abe … Susan Ralston … former Reps. Rush Holt (D-N.J.) and Jim Leach (R-Iowa) … Haim Saban … Bill Hoagland … Gigi Stone Woods … Liz Sears Smith of Kent Strategies … Chris Godbey … Stat’s Rick Berke … Meaghan Byrne … Ken Griffin … Anthony O’Boyle … Jim McFeely Did someone forward this email to you? Sign up here. 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.
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