Blowback puts CR on the fast track

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Dec 18, 2024 View in browser
 
POLITICO Playbook PM

By Eli Okun

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THE CATCH-UP

TIKTOK ON THE CLOCK — The Supreme Court will hear a last-minute effort by TikTok to block the law that will imminently force the app’s sale or ban it, the justices announced today. The law is slated to take effect Jan. 19, but the court will hear TikTok’s First Amendment challenge on Jan. 10, “an unusually accelerated timeline,” Christine Mui and Josh Gerstein report. The China-based company had asked the justices for an emergency stay of the law while they weighed the appeal, but instead they moved to take up the full case quickly.

Fun fact: As Josh notes, SCOTUS is setting a much faster timeline than it did for the DONALD TRUMP presidential immunity case, which was heard nearly two months after the court granted review.

JUST IN — The Senate passed the National Defense Authorization Act, 85-14.

GAETZ-GATE — After MATT GAETZ’s planned nomination for AG flamed out, it looked like the House Ethics report into the now-former Florida Republican congressman might never see the light of day. But it seems at least one GOP member of the panel has changed their mind: CNN’s Alayna Treene, Manu Raju and Sarah Ferris scooped that the committee secretly voted to release the document investigating allegations of underage sex, drug use and more. CBS’ Nikole Killion, Margaret Brennan, Michael Kaplan and Kathryn Watson report that two Republicans voted to release it.

House Ethics had previously voted against publicizing the report; putting it out after Gaetz has left Congress is unusual, though not unprecedented, and has been opposed by top Republicans. It’s now likely coming after lawmakers leave Washington.

Gaetz, who has consistently denied wrongdoing, fired back on X to emphasize that the criminal investigation of him had yielded no charges, he never slept with a minor, and he was guilty only of womanizing and partying too hard. And he even floated taking the oath next term just to expose other members.

House Speaker Mike Johnson (R-La.) looks on during a press conference on Capitol Hill Dec. 17, 2024. (Francis Chung/POLITICO via AP Images)

Conservative blowback to Speaker Mike Johnson’s plan for a continuing resolution to keep the government open continues to roil Capitol Hill. | Francis Chung/POLITICO

SHUTDOWN SHOWDOWN — Gaetz ended his first post, “But at least I didn’t vote for CR’s that fuck over the country!”

Despite broad disdain for Gaetz among his GOP former colleagues, many of them probably agree with him on that.

Conservative blowback to Speaker MIKE JOHNSON’s plan for a continuing resolution to keep the government open continues to roil Capitol Hill. Notably, ELON MUSK explicitly opposed the bill early this morning and is continuing his campaign against it through the day. On Fox News today, Johnson said he was on the same page as Musk and VIVEK RAMASWAMY in hating the levels of government spending, and that he’d told them so in their group text.

 

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Joining the chorus just moments ago: DONALD TRUMP JR., who objects to a provision seeming to block subpoenas for House data — potentially obstructing the GOP’s probe of the Jan. 6 select committee. (His father has not weighed in.)

The backlash is so intense, in fact, that there is rampant scuttlebutt that Johnson will dispense with the usual 72-hour review period and bring the bill up for a vote as soon as today. The idea is to “[r]ip the band-aid,” as one person involved tells Bloomberg’s Billy House, or get it done “before the bottom falls out,” as an aide tells CNN’s Sarah Ferris.

It’s not just Republicans: Rep. JARED GOLDEN (D-Maine) said he’d oppose the CR over its pay raise for members of Congress. As Punchbowl’s John Bresnahan and Melanie Zanona note, the bill also includes an Obamacare opt-out for lawmakers who were previously required to get coverage through the Affordable Care Act. That may have come as a surprise to Democrats.

House Democratic leaders today took no official stance on the bill, but their party is likely to provide a lot of votes to pass the stopgap, Nick Wu and Daniella Diaz report. Conservative GOP holdouts — and Johnson’s tight margin — meant Dems were able to extract multiple concessions in the bill. If Johnson moves today, he’ll likely bring the bill up under fast-track rules, requiring a two-thirds vote for passage.

The next big fight … A band of leading conservatives in the Senate and House officially backed the two-track strategy for Republicans to pass border and tax policies in separate reconciliation bills next year, per Anthony Adragna. Sen. RICK SCOTT (R-Fla.) and Rep. ANDY HARRIS (R-Md.), the Freedom Caucus chair, led the letter. Read it here

MARK YOUR CALENDARS — Incoming Senate Armed Services Chair ROGER WICKER (R-Miss.) tells CNN’s Manu Raju that he’ll schedule a confirmation hearing for Defense secretary nominee PETE HEGSETH on Jan. 14.

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

 

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9 THINGS YOU NEED TO KNOW

Environmental Protection Agency headquarters is seen in Washington, D.C. Feb. 23, 2023. (Francis Chung/POLITICO via AP Images)

The EPA has finally granted California waivers for strict vehicle emissions standards. | Francis Chung/POLITICO

1. CLIMATE FILES: The EPA signed off on waivers for California to impose stricter emissions standards on cars and heavy-duty trucks, a key enforcement measure for the state to shift to electric vehicles over the next several years, Alex Nieves and Debra Kahn report. Sacramento would lead the nation in going further to tackle this pollution than the Clean Air Act. Now the big question is how easy this will be for Republicans to unwind. The granting of the waivers will give California firmer footing for an expected court fight, and it would take plenty of time for Trump’s EPA to reverse the waivers. The Biden administration took too long to avoid the Congressional Review Act timeframe, but it is spelled out in the waivers that they shouldn’t be subject to the CRA.

2. LAYING THE GROUNDWORK: Early this morning, Trump trumpeted a House Administration report calling for former Rep. LIZ CHENEY (R-Wyo.) to be criminally investigated for potential witness tampering when she led the House Jan. 6 committee: “Liz Cheney could be in a lot of trouble,” Trump wrote on Truth Social, amplifying the prospect of an FBI probe. That could raise fears among Trump’s critics that he plans to use law enforcement to go after his political enemies, as he vowed to do on the campaign trail. Cheney has decried the report as defamatory and false: “No reputable lawyer, legislator or judge would take this seriously.” More from Andrew Howard

3. GITMO LATEST: The Pentagon announced the repatriation of another two Guantánamo Bay detainees, in addition to the Kenyan whose release was previously reported, WaPo’s Karen DeYoung reports. Malaysians MOHAMMED FARIK BIN AMIN and MOHAMMED NAZIR BIN LEP, who were arrested 21 years ago, will go back to Malaysia to serve more time. They pleaded guilty earlier this year to murder and other crimes as part of an al Qaeda affiliate. President JOE BIDEN is still trying to transfer several more detainees cleared to go elsewhere, but time’s running out.

4. DANCE OF THE SUPERPOWERS: “U.S. Weighs Ban on Chinese-Made Router in Millions of American Homes,” by WSJ’s Heather Somerville, Dustin Volz and Aruna Viswanatha: “U.S. authorities are investigating whether a Chinese company whose popular home-internet routers have been linked to cyberattacks poses a national-security risk and are considering banning the devices. The router-manufacturer TP-Link, established in China, has roughly 65% of the U.S. market for routers for homes and small businesses. It is also the top choice on Amazon.com, and powers internet communications for the Defense Department.”

5. WHAT DARIN LaHOOD IS UP TO: The Illinois Republican congressman is working on a new proposal for next year’s tax bill that would give American expats relief from U.S. income taxes, WSJ’s Richard Rubin scooped. LaHood’s plan, officially being introduced today, would allow those people to just pay income taxes in their country of residence. That would align the Hill with one of Trump’s many tax proposals he touted on the campaign trail — and it would also align the U.S. with all other major countries, none of which impose income taxes on their expatriates. Wealthier Americans abroad are currently penalized the most, though LaHood’s bill would force the super-rich to pay a departure tax to join the new setup.

 

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6. WHY DISNEY ROLLED OVER: “Inside Disney’s Decision to Settle a Trump Defamation Suit,” by NYT’s Brooks Barnes: “Disney executives had anticipated the blowback. But they also determined that they had a flawed case — and that the company could risk damaging press protections for everyone by continuing to fight, as well as hurt the Disney brand. … [Particularly] worrisome for Disney, ABC’s parent company, was [the judge’s] commentary. … In the [worst-case] scenario, Disney concluded, fighting the case could lead to the Supreme Court and become a vehicle for Mr. Trump and his allies to overturn the landmark First Amendment decision in New York Times v. Sullivan.”

Nonetheless, the settlement has sparked a staff backlash at ABC News, where journalists worry about the precedent it sets, WSJ’s Joe Flint and Isabella Simonetti report.

7. DRONE ON: “Zap it and put it in a bag: Inside the military’s response to drones flying over bases,” by USA Today’s Tom Vanden Brook and Cybele Mayes-Osterman: “There have been hundreds, perhaps thousands, of drone incursions at remote military installations, drawing little public attention. But they have disrupted sensitive operations, according to [Defense] officials … A critical concern: foreign adversaries have identified a ‘seam’ in the U.S. response … [Outside military base] airspace, the drone becomes the responsibility of local law enforcement. In the vast, sparsely populated areas that are home to many military installations, the response is often too little, and way too late.”

8. KNOWING JOHN SAUER: “How Trump’s lawyer could steer the Supreme Court on abortion and trans rights,” by CNN’s Joan Biskupic: “The confluence of Sauer’s experience, his personal tie to Trump and the transformed court he will face could lead to some of the most ambitious advocacy on behalf of an administration in decades. Sauer has already been at the lead of litigation over transgender rights … He shunned the sometimes-confining world of corporate law that many lawyers of his pedigree choose. As a result, Sauer, intensely conservative and a committed Catholic, has been able to chart his own course in the law.”

9. ACTING UP: “Dems Urge Fundraising Gurus to Put an End to All That Spam,” by The Bulwark’s Sam Stein: “More than 140 top Democratic operatives, fundraisers, and ex-campaign staffers are calling for executives at the party’s biggest online donation portal to clean up their operation or risk donor backlash. In a letter to the leadership of ActBlue, these Democrats said they feared that ‘questionable’ fundraising tactics by unscrupulous groups and operatives were damaging the party’s reputation and hindering its ability to keep voters engaged.”

 

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PLAYBOOKERS

William Burns is in Qatar to work on an Israel-Hamas cease-fire.

Benjamin Netanyahu sought to reassure Debra Tice.

Ryan Routh was hit with new state charges.

Brigham McCown and Andrew Giacini are on the DOT landing team.

Joe Biden paid tribute to his late wife and daughter.

Mitt Romney said he’s best friends with Kyrsten Sinema.

OUT AND ABOUT — SPOTTED at the Heritage Foundation’s launch party last night for Victoria Coates’ new book, “The Battle for the Jewish State: How Israel — and America — Can Win” ($29.99), hosted by Kevin Roberts: Sen. Ted Cruz (R-Texas), who wrote the foreword to the book, Rep. Chip Roy (R-Texas), UAE Ambassador Yousef Al Otaiba, Azerbaijani Ambassador Khazar Ibrahim, Eliav Benjamin, Sara Cohen, Joel Rayburn, Nathan Sales, Alexa Henning, Felicia Schwartz, Ben Weingarten, Jeff Bartos and Fred Fleitz.

— SPOTTED at Tommy Quinn’s 87th birthday celebration at Joe’s Stone Crab last night: Lynly Boor, Sen. Sheldon Whitehouse (D-R.I.), Reps. Jim Costa (D-Calif.), Gabe Amo (D-R.I.) and Seth Magaziner (D-R.I.), Neil Campbell, Juan Lopez, Yebbie Watkins, Gerry Harrington, Lyndon Boozer, Larry Duncan, Erik Huey, David Jones, Ryan Williams, Lisa Whisler, George Sifakis, Michael Hutton, Kevin Ryan, Todd Flournoy, Peter Nonis and Jake Perry.

TRANSITION — Jonathan Galaviz has joined Clark Hill Public Strategies’ advocacy and lobbying team. He previously led Galaviz and Company, and is a Trump administration alum.

WEDDING — Maeve Healy, chief of staff for Rep. Grace Meng (D-N.Y.), and Matthew Lafleur, product manager at C3 AI, got married recently in New Orleans. They met through a mutual friend when she invited people over to watch LSU play in the national championship game. PicAnother pic

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