Monday, March 22, 2021

Democrats are dead serious about taking back that Iowa seat

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POLITICO Playbook

By Rachael Bade, Tara Palmeri, Eugene Daniels and Ryan Lizza

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DRIVING THE DAY

Big vaccine news overnight … CNN: "AstraZeneca vaccine is 79% effective against symptomatic Covid-19, company says"

Just weeks after blasting DONALD TRUMP for trying to overturn the Electoral College, House Democrats are about to try to reverse the outcome of a House election in Iowa to pad their slim majority by an extra seat.

Democrats say their candidate RITA HART, who lost to GOP Rep. MARIANNETTE MILLER-MEEKS by six votes, has every right to ask the House to resolve one of the closest House races in American history. Congress, they point out, has dealt with 110 such contested election cases over the past 90 years. Only three, however, resulted in the declared winner being ousted and replaced, according to the House Administration Committee.

The Iowa case could become the fourth. Rep. ZOE LOFGREN (D-Calif.), who chairs the Administration panel that will adjudicate the first part of this case — and is a longtime ally of Speaker NANCY PELOSI — has said her panel members are keeping an open mind, that nothing is predetermined and that Hart has the burden of proof.

But a source close to the process confirmed to Playbook that the effort to oust Miller in favor of Hart has been blessed by the top echelons of House Democratic leadership. And the DCCC has brought in — and is paying the legal fees for — top Democratic election lawyer MARC ELIAS, this person said.

Elias, who helped fight dozens of Trump's frivolous election law claims in court this winter, doesn't wade into any old House race. His presence alone signals that Democratic leaders want to take this all the way and flip the seat into Democrats' control.

"Federal law provides that this contest is the proper avenue to ensure that all legal ballots are counted and we have presented credible evidence to support their inclusion in the final tally," Elias said in a statement provided by the DCCC.

Democrats maintain that the House Admin's rulings and the motivations of the DCCC are two different things — but it would be politically naive to believe that. The judge in this case is essentially the prosecutor — and yes, this is totally allowed under the Constitution.

Still, the flip of the script here is really something to behold. Republicans who followed Trump's demand that they object to the Electoral College votes, without any proof of fraud, are suddenly calling foul on Hart's use of Congress to challenge her own election results.

But Democrats were just as adamant about the need to respect state-certified elections. If they side with Hart, the party will be effectively throwing out the decision of local election officials.

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Here's what you need to know about this dispute:

1) 22 ballots. Hart's argument centers on 22 ballots her campaign says were not counted but should have been — and which would have led to her victory had they been included in the final vote tally. WSJ's Kristina Peterson has an overview: "[S]ome … were cast through curbside voting but not accepted by the voting machine; absentee ballots that weren't counted because they were in a box that was marked with a lower number of ballots than it actually contained, leading to confusion; and one absentee ballot that wasn't counted because the signature was in the wrong location on the envelope." In another situation, the voter taped her ballot shut so it was discarded.

GOP defense attorney ALAN OSTERGREN says that each of those was discarded by bipartisan panels of election officials based on rules about how ballots are counted in the state. The House Admin Committee will dig into this in the coming days.

2) Why not the courts? Republicans keep asking why Hart didn't just appeal to the courts, which would have been much cleaner — and less fraught politically — than coming to Congress to get fellow Democrats to flip the election. Hart allies say there wasn't enough time to prepare a lawsuit before the state-certification deadline in mid-December.

3) GOP outrage. The last time Democrats did something like this, in the 1980s, the blowback was intense. Expect the same again. Only this time, Republicans might not have much credibility on this issue — especially those who objected to the Electoral College results, at Trump's request.

But there are plenty of Republicans who didn't do that, like Senate Minority Leader MITCH MCCONNELL, who are also infuriated by this move. Last week the Kentucky Republican accused Pelosi on the Senate floor of trying to "steal" a House seat. (It will be a while if and when it reaches that point: The investigation is moving into what could be a lengthy discovery period, during which both candidates submit evidence and filings.)

4) Skittish moderates. There's still a question of whether Democratic leaders can pull this off — in part because of their own skittish members. The House would have to vote on this, and in recent days, multiple Democrats have gone on record to express their reservations with overturning a state-certified election after blasting Trump for his shenanigans. On Fox News, Rep. DAVID PRICE (D-N.C.) said, "I don't think there's the slightest chance that that would happen."

We've also spoken to Democrats in some of the most competitive House districts who do not want to vote on this. With a 219-211 majority, Pelosi couldn't afford to lose more than a couple of votes if it reaches a floor vote.

5) Dangerous precedent? Republicans are already threatening that if Democrats do this, they'll be blazing a path for future majorities to overrule state election results. What happens to election integrity if this becomes a regular thing?

 

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Good Monday morning. Got a news tip? A document to share? Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza, Tara Palmeri.

BIDEN'S MONDAY — President JOE BIDEN and VP KAMALA HARRIS will receive the President's Daily Brief at 9:50 a.m. Biden will meet virtually with Senate Democrats at 7 p.m. during the caucus' annual retreat.

— Harris will swear in ISABELLA CASILLAS GUZMAN as SBA administrator at 9:30 a.m. She'll leave D.C. at 11:50 a.m. for Jacksonville, Fla., where she'll visit a vaccination center at 2:25 p.m. She'll take part in a listening session with Florida leaders at Feeding Northeast Florida, Food Pantry, Distribution & Food at 3:20 p.m. She'll leave Jacksonville at 6:05 p.m. to head back to D.C.

— The White House Covid-19 response team and public health officials will brief at 11 a.m. Press secretary JEN PSAKI will brief at 12:30 p.m.

THE HOUSE is not in session. The Oversight Committee will hold a hearing on D.C. statehood at 11 a.m.

THE SENATE will meet at 3 p.m. to swear in KAREN GIBSON as the new sergeant-at-arms. It will vote on MARTY WALSH'S nomination to be Labor secretary at 5:30 p.m.

THE WEEK AHEAD: Biden will head to Columbus, Ohio, on Tuesday to promote the Covid relief law and celebrate the anniversary of the Affordable Care Act. He'll host an Equal Pay Day event Wednesday. And he'll hold the first big press conference of his presidency Thursday.

 

SUBSCRIBE TO "THE RECAST" TO JOIN AN IMPORTANT CONVERSATION : Power dynamics are shifting in Washington and across the country, and more people are demanding a seat at the table, insisting that all politics is personal and not all policy is equitable. "The Recast" is a new twice-weekly newsletter that breaks down how race and identity are recasting politics, policy, and power in America. Get fresh insights, scoops, and dispatches on this crucial intersection from across the country, and hear from new voices that challenge business as usual. Don't miss out on this new newsletter, SUBSCRIBE NOW . Thank you to our sponsor, Intel.

 
 
PLAYBOOK READS

The Washington Monument is pictured. | AP Photo

PHOTO OF THE DAY: The sun rises behind the Washington Monument on Sunday, March 21. | J. David Ake/AP Photo

POLITICS ROUNDUP

SWEET REVENGE — "Trump looks to take down Raffensberger in Georgia," by Alex Isenstadt and Zach Montellaro: "Former President Donald Trump is expected to endorse Rep. Jody Hice in a campaign to unseat Georgia Secretary of State Brad Raffensberger in next year's Republican primary, according to three people familiar with Trump's decision. Trump publicly seethed about Raffensperger after the November election, when the secretary of state refused to support Trump's false claims that Georgia's 16 electoral votes were stolen from him. Top Raffensberger aides had publicly rebuked the president's conspiracy theories, warning in early December that it would lead to potential violence. …

"Hice, who first won election to his east-central Georgia seat in 2014, is a staunch Trump ally who supported Trump's efforts to overturn the election. He derided the Democratic-led push to impeach Trump over his role in the Jan. 6 Capitol Hill riot as 'bogus.'"

— Also from Isenstadt: " Club for Growth takes aim at impeachment backers Cheney, Anthony Gonzalez"

THAT WAS QUICK — "'Sorry': GOP U.S. Rep. Tom Reed retiring amid misconduct claim," AP: "U.S. Rep. Tom Reed, a Republican from western New York who was accused last week of rubbing a female lobbyist's back and unhooking her bra without her consent in 2017, apologized to the woman on Sunday and announced that he will not run for reelection next year.

"Reed, 49, said in a statement that the incident involving then-lobbyist Nicolette Davis occurred 'at a time in my life in which I was struggling.' He said he entered treatment that year and realized he was 'powerless over alcohol.' … In late February, Reed said he was seriously considering running for governor against Cuomo should the Democrat seek a fourth term next year. Reed said in his statement Sunday that he would not seek any elective office in 2022."

HELP FROM FRIENDS — "Scoop: McCarthy hires top Trump official to run political operation," Axios: "House Minority Leader Kevin McCarthy has hired former President Trump's White House political director, Brian Jack, to lead his own political operation. … The move to bring on Jack underscores McCarthy's strategy of keeping Trump and his orbit close as Republicans seek to retake the House majority in 2022 — and McCarthy achieves his personal goal of becoming speaker."

"2024 'shadow campaign' takes shape under Trump's watchful eye," by David Siders: "In Iowa this week, Pompeo will speak at a breakfast meeting of the Westside Conservative Club ... He and Terry Branstad, the former governor and U.S. ambassador to China, will appear at a lunch that afternoon hosted by the Bull Moose Club of Des Moines, a group of conservatives under 40. Next week, Pompeo will appear by video conference in New Hampshire … On April 1, Rick Scott, the senator from Florida, will be in Cedar Rapids, Iowa, for an event hosted by the state Republican Party. South Carolina Sen. Tim Scott will be in Davenport on April 15. Later that month, Pence, the former vice president, will travel to South Carolina to give his first speech since leaving office. Sen. Tom Cotton of Arkansas, who has already visited New Hampshire multiple times, told Republican activists there in January to expect to see him back in the state soon.

"One Republican strategist in South Carolina said advisers to and associates of Pompeo, DeSantis and Sen. Marco Rubio of Florida have all placed calls into the state recently to discuss the landscape there."

THE WHITE HOUSE

'I DON'T LIKE PEOPLE TELLING ME HOW IMPORTANT I AM' — "Jim Clyburn is ticking off some in the White House. He's perfectly fine with that," by Natasha Korecki: "Now that Biden is president though, Clyburn's bold, in-your-face style, isn't playing the same. While the president himself holds his longtime friend and confidant in the same regard, the congressman has privately drawn the ire of some White House officials, several sources tell POLITICO. But if Clyburn's style is irking officials in the West Wing, he has no qualms about it. 'I don't like people telling me how important I am,' the 80-year-old congressman said in a sit-down interview with POLITICO. 'You gotta show me.'

"Clyburn is trying to put his stamp on the course of the Biden presidency and isn't shy about it. He complained about a lack of diversity in Biden's initial Cabinet rollout and pushed specifically for ally Marcia Fudge to get a position in the administration. He's made his pick for Supreme Court Justice known even before there's a vacancy. He joined other House Democrats in urging the administration to elevate Shalanda Young to the Office of Management and Budget to become the first Black woman to head the department."

CRUZ TO TROLL W.H. ON MEDIA ACCESS AT THE BORDER — Since when is Sen. TED CRUZ (R-Texas) on the side of the media in any major dispute? Well, since today — when it's politically advantageous. Cruz, who is leading a group of senators to the Rio Grande Valley on Friday to witness the situation at the border, is going to send the White House a letter asking for press access to detention facilities. The move comes after ABC's Martha Raddatz grilled DHS Secretary ALEJANDRO MAYORKAS about why reporters still aren't allowed in.

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CONGRESS

'AN ALL-ACCESS PURVEYOR OF MISINFORMATION' — "Assaulting the Truth, Ron Johnson Helps Erode Confidence in Government," NYT: "Mr. Johnson is an all-access purveyor of misinformation on serious issues such as the pandemic and the legitimacy of American democracy, as well as invoking the etymology of Greenland as a way to downplay the effects of climate change. …

"His continuing assault on the truth, often under the guise of simply 'asking questions' about established facts, is helping to diminish confidence in American institutions at a perilous moment, when the health and economic well-being of the nation relies heavily on mass vaccinations, and when faith in democracy is shaken by right-wing falsehoods about voting."

GOING FOR BROKE — "Drug pricing, climate, immigration: House Dems eye 'kitchen sink' for next big bill," by Sarah Ferris: "With most items on their agenda hobbled by the Senate filibuster, top House Democrats are eyeing ways to muscle through drug pricing and climate policy goals using the same arcane budget process that let the party bypass GOP votes for its pandemic aid bill. Sweeping immigration bills are also on the wishlist for many members, with Democrats eager to fit what they can in Biden's next high-profile package — which could be the party's last shot at using the budget tool before the midterm elections.

"House Speaker Nancy Pelosi and Senate Majority Chuck Schumer haven't formally decided to use the budgetary tool known as reconciliation for Biden's next major priority, an infrastructure and jobs plan. Biden and top Democrats are still publicly courting Republicans for his proposal. But given the Senate GOP's continued reluctance, many senior Democrats in both chambers believe it will be the ultimate path."

JAN. 6 AND ITS AFTERMATH

RIOT PROSECUTOR SPEAKS — "Evidence in Capitol Attack Most Likely Supports Sedition Charges, Prosecutor Says," NYT: "The department has rarely brought charges of sedition, the crime of conspiring to overthrow the government. But in an interview with '60 Minutes,' Mr. Sherwin said prosecutors had evidence that most likely proved such a charge.

"'I personally believe the evidence is trending toward that, and probably meets those elements,' Mr. Sherwin said. 'I believe the facts do support those charges. And I think that, as we go forward, more facts will support that.'" The interview

TRUMP CARDS

'THE HOTTEST TICKET IN SOCIAL MEDIA' — "Trump will use 'his own platform' to return to social media after Twitter ban," The Guardian: "[Adviser Jason] Miller said he had been told by a reporter [Trump's] statements were 'much more elegant' and 'more presidential' than Trump's tweets, but added: 'I do think that we're going to see President Trump returning to social media in probably about two or three months here with his own platform.'

"'And this is something that I think will be the hottest ticket in social media, it's going to completely redefine the game, and everybody is going to be waiting and watching to see what exactly President Trump does. But it will be his own platform.'"

 

STEP INSIDE THE WEST WING : The Biden administration is more than halfway through its first 100 days and is now facing a growing crisis at the border and escalating violence against Asian Americans, while navigating the pandemic and ongoing economic challenges. Add Transition Playbook to your daily reads to find out what actions are being considered, as well the internal state of play inside the West Wing and across the administration. Track the people, policies, and emerging power centers of the Biden administration. Don't miss out. Subscribe today.

 
 
PLAYBOOKERS

SPOTTED in Palm Beach: Don Lemon at Le Bilboquet restaurant. He told guests he's shopping for a home in the area. … Sen. Mitt Romney (R-Utah) and Ann Romney at the Colony Hotel — to be clear, not in town to see Trump. … Georgina Bloomberg dining at Sant Ambroeus.

KNOWING ADRIENNE ELROD — "HIGH PROFILE: Adrienne Kimbro Elrod's swimming taught her tenacity," Arkansas Democrat-Gazette: "It would be easy to distill Adrienne Elrod's professional life — 25 years backing progressives on various fronts of the political fray — to her formidable strengths as a communicator and conjoiner of people. But ask the Siloam Springs native about the true north of her career longevity, to say nothing of the durability of her spirit, and she'll lead you away from her education and internships, campaigns and connections.

"She'll take you back home, instead, to a swimming pool. … 'The first year on the swim team was god-awful. I got last place in every single event by 20 seconds.' … After a year, however, Elrod started improving, then winning, until in high school she was ranked one of the top swimmers in the state. Time and again in her life, the relevance of that personal morality play has presented itself: Just don't quit."

POLITICO NEWS — Eli Reyes is joining POLITICO as health care editor. He most recently was deputy editorial page director at Newsday, and is a WaPo alum. Nicholas Wu is joining POLITICO's Congress team. He most recently has been a congressional reporter for USA Today.

TRUMP ALUMNI — Vanessa Ambrosini and Alexa Henning, both Trump White House alums, are joining Sen. Ron Johnson's (R-Wis.) office as senior comms advisers. Ambrosini most recently was deputy director of public affairs at the Commerce Department. Henning most recently was director of media affairs for the Trump campaign.

TRANSITIONS — Geoff Burgan will be comms director for Sen. Ed Markey (D-Mass.). He most recently was Arizona comms director for the Biden campaign and is a Beto O'Rourke and Andrew Gillum alum. Giselle Barry will be moving to deputy chief of staff and Jeremy D'Aloisio to legislative director. … Jon Green is now defense policy adviser for Sen. Jeanne Shaheen (D-N.H.). He previously was national security adviser for Rep. Jason Crow (D-Colo.). …

… Jamal Ware is now senior director for congressional and public affairs at the Center for Security Policy. He previously was national security adviser at the Export-Import Bank, and is a Senate and House Intel Committee alum. … Gabriella Vesey is now legislative correspondent for Sen. Raphael Warnock (D-Ga.), covering health care and aging issues. She previously was legislative correspondent/aide for Rep. Sharice Davids (D-Kan.).

BIRTHWEEK (was Sunday): Former Rep. Paul Hodes (D-N.H.) turned 7-0

HAPPY BIRTHDAY: Sen. Alex Padilla (D-Calif.) (48) … Wolf Blitzer (73) … Rep. Pete Sessions (R-Texas) (66) … NBC's Ali Vitali … Judge Neomi Rao Rebecca Miller Spicer of Airlines for America … MSNBC's Joshua JohnsonSarah Feldman, comms director for Sen. Jon Tester (D-Mont.) … Josh Siegel … POLITICO's Ruairí Arrieta-Kenna … E&E News' Emma Dumain, Alex Wang and Scott Streater Giovanni Hashimoto Jeff CohenTony GreenLyzz SchweglerKathryn Jean LopezAnn ClancyMatt Williams of the Democratic Policy and Communications Committee … Amy KramerDan Backer … AARP's Myrna BlythSarah Mars BowiePatrick ManionKate Head … former Sen. Martha McSally (R-Ariz.) (55) … former Sen. Orrin Hatch (R-Utah) (87) … former Rep. Thomas Andrews (D-Maine), now U.N. special rapporteur on the situation of human rights in Myanmar

Send Playbookers tips to playbook@politico.com . Playbook couldn't happen without our editor Mike Zapler and producers Allie Bice, Eli Okun and Garrett Ross.

 

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