Wednesday, July 13, 2022

An ‘unmistakable’ map to charges against Trump

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POLITICO Playbook

By Eugene Daniels and Ryan Lizza

Presented by

PhRMA

With help from Eli Okun and Garrett Ross

ANCHORAGE, ALASKA - JULY 09: Former U.S. President Donald Trump walks on stage during a

Tuesday's hearing from the Jan. 6 select committee was cut into two different parts: former president Donald Trump's call to action ahead of the attack on the Capitol, and his supporters' response. | Justin Sullivan/Getty Images

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DRIVING THE DAY

CLIP OF THE DAY — CNN's coverage of Tuesday's Jan. 6 committee hearing gave way to one of the more surreal exchanges we've seen on cable news, as JAKE TAPPER and former national security adviser JOHN BOLTON discussed some Jan. 6 participants' attempts to overthrow the government:

Tapper: "One doesn't have to be brilliant to attempt a coup."

Bolton: "I disagree with that. As somebody who has helped plan coups d'etat — not here, but other places — it takes a lot of work."

ABOUT THAT HEARING — Tuesday's hearing was cut into two different parts: DONALD TRUMP's call to action, and his supporters' response.

Pieced together, they amount to this: The members of the Jan. 6 panel "are laying out an unmistakable map to a potential criminal case against the former president," as Kyle Cheney and Nicholas Wu write.

Per the committee, it was Trump who …

— Called for a protest to assemble in Washington on Jan. 6. "Be there, will be wild!" he tweeted on Dec. 19, 2020. Group after group saw the tweet as a directive, according to the committee — including extremist organizations, like the Proud Boys and Oath Keepers. After Trump's tweet, prominent right-wing figures told their audiences that Jan. 6 was a day to "take action and show our numbers," as radio host and conspiracy theorist ALEX JONES put it.

— Ad-libbed key portions of his Jan. 6 speech immediately before a mob descended on the Capitol.

Rep. STEPHANIE MURPHY (D-Fla.) compared the speech Trump delivered on the Ellipse with the one his staff prepared: "A single scripted reference … to MIKE PENCE became eight. A single scripted reference to rally-goers marching to the Capitol became four, with President Trump ad-libbing that he would be joining protesters at the Capitol. Added throughout his speech were references to fighting, and for people to have 'courage' and be 'strong.'" Key clip from CNN

STEPHEN AYERS, who attended the Jan. 6 rally and stormed the Capitol, testified that he hadn't planned on going to the Capitol until Trump told his supporters to head there: "The president, you know, he got everybody riled up, told everybody to head on down, so we basically were just following what he said."

The committee also showed text messages from rally organizer KYLIE KREMER and "Stop the Steal" campaign leader ALI ALEXANDER that suggested advance knowledge of Trump's desire for supporters to head to the Capitol. "Trump is supposed to order us to the capitol at the end of his speech but we will see," Alexander wrote.

— Chose to embrace increasingly fringe strategies to stay in power after the Electoral College voted.

On Dec. 18, 2020, the Oval Office was the site of a nighttime battle between (1) White House aides who were trying to get the president to concede and (2) Trump allies, including SIDNEY POWELL, MIKE FLYNN and former Overstock.com CEO PATRICK BYRNE, who promoted conspiracy theories falsely alleging the election was stolen.

White House counsel PAT CIPOLLONE, whose taped testimony we saw for the first time, was in Group 1, and said Group 2 lacked any evidence of actual election fraud — but nonetheless had plans to, among other things, install Powell as a special counsel to investigate election fraud and have Trump use the military to seize voting machines.

WaPo's Rosalind Helderman and Josh Dawsey: "A motley crew of unofficial Trump advisers had talked their way into the Oval Office and an audience with the president of the United States to argue the election had been stolen by shadowy foreign powers — perhaps remotely via Nest thermostats. … Even for a White House known for its unconventional chaos, the Dec. 18, 2020, meeting was an extraordinary moment, demonstrating how Trump invited fringe players advocating radical action into his inner sanctum, as he searched for a way to remain in office despite losing an election."

NYT's Maggie Haberman: "The meeting lasted for more than six hours, past midnight, and devolved into shouting that could be heard outside the room. Participants hurled insults and nearly came to blows. Some people left in tears. … Eventually Mr. Trump backed down and rejected the outside advisers' proposal. But early the next morning, Dec. 19, he posted to Twitter urging his supporters to arrive at the Capitol on Jan. 6."

— Allegedly contacted a committee witness in a possible attempt to influence their testimony. In her closing remarks, Vice Chair LIZ CHENEY (R-Wyo.) dropped a bombshell: Within the past two weeks, Trump called an unidentified witness in the committee's investigation — someone "you have not yet seen in these hearings," per Cheney. That person ignored his call and contacted their lawyer, who in turn told the committee, which then informed the Department of Justice.

WaPo's Isaac Arnsdorf and Josh Dawsey: "It is a crime to pressure someone to lie to government investigators. But prosecutions for witness tampering usually involve at least one witness and a form of corroboration such as a message sent in writing or a tape recording. Without a better indication of what Trump said, it could be hard to make a legal case, experts said." Worth noting: Trump's comms director, TAYLOR BUDOWICH, pushed back on this accusation on Twitter.

Related reads: "Jan. 6 panel shows evidence of coordination between far-right groups and Trump allies," NPR …"Jan. 6 rioter apologizes to officers after House testimony," AP "Leaked Audio: Before Election Day, Bannon Said Trump Planned to Falsely Claim Victory," Mother Jones "The secret support system for former aides taking on Trump: The other women," POLITICO … "The Incitement Paper Trail," The Atlantic … "A President Asking for Civil War," The New Yorker

SCENES FROM THE HEARING:

WASHINGTON, DC - JULY 12: Stephen Ayres (C), who entered the U.S. Capitol illegally on January 6, 2021, greets former Washington Metropolitan Police Officer Michael Fanone at the conclusion of the seventh hearing by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol in the Cannon House Office Building on July 12, 2022 in Washington, DC. The bipartisan committee, which has been gathering evidence for almost a year related to the January 6 attack at the U.S.   Capitol, is presenting its findings in a series of televised hearings. On January 6, 2021, supporters of former President Donald Trump attacked the U.S. Capitol Building during an attempt to disrupt a congressional vote to confirm the electoral college win for President Joe Biden. (Photo by Kevin Dietsch/Getty Images)

Stephen Ayres, who entered the Capitol illegally on January 6, 2021, greets former Washington Metropolitan Police Officer Michael Fanone at the conclusion of the Jan. 6 committee's seventh hearing | Kevin Dietsch/Getty Images

Jason Van Tatenhove, an ally of Oath Keepers leader Stewart Rhodes, testifies as the House select committee investigating the Jan. 6 attack on the U.S. Capitol holds a hearing at the Capitol in Washington, Tuesday, July 12, 2022. (AP Photo/Jacquelyn Martin)

Jason Van Tatenhove, an ally of Oath Keepers leader Stewart Rhodes, testifies at the Jan. 6 committee hearing. | Jacquelyn Martin/AP Photo

Vice chair Rep. Liz Cheney, R-Wyo., greets Erin Smith, widow of U.S. Capitol Police officer Jeffrey Smith, as the hearing with the House select committee investigating the Jan. 6 attack on the U.S. Capitol ens at the Capitol in Washington, Tuesday, July 12, 2022. (AP Photo/Jacquelyn Martin)

Vice chair Rep. Liz Cheney, (R-Wyo.), greets Erin Smith, widow of U.S. Capitol Police officer Jeffrey Smith, as the Jan. 6 committee hearing ends. | Jacquelyn Martin/AP Photo

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

 

A message from PhRMA:

Inflation is causing pain for people across the country. As policymakers search for ways to help provide relief, some are erroneously tying inflation to prescription medicines. To make matters worse, this false premise is being used to build support for harmful policies.

It's important to make medicines affordable for patients, but let's get a few facts straight – starting with the fact that prescription drugs are not fueling inflation.

 

INFLATION NATION — Here's a benchmark to watch for in today's much-dreaded consumer price index report: A Bloomberg survey of economists predicts an 8.8% increase year over year and 1.1% from May, Olivia Rockeman reports. The former would be the biggest leap in more than 40 years, as gas and food prices jumped in June. The latest CPI numbers drop at 8:30 a.m.

FIRST IN PLAYBOOK — The White House is teaming up with GLAAD for a monkeypox briefing aimed at a select group of LGBTQ+ influencers they hope will share information about the disease with their social media followers. Throughout the Covid-19 pandemic, the White House has worked with influencers to spread its message on public health issues — an acknowledgment that some Americans are less likely to listen to the administration over voices they already trust, even if they themselves lack policy expertise.

At the briefing, White House Covid response coordinator ASHISH JHA and the CDC's DEMETRE DASKALAKIS and JOHN BROOKS aim to help dispel misinformation about (1) how monkeypox spreads, (2) who is most at risk, (3) who can get the vaccine and (4) why the LGBTQ+ community seems to be getting hit the hardest.

The effort comes amid criticism that the administration's (and the global health community's) response to monkeypox has been inadequate, with tests running low and vaccines only emerging in substantial quantities in the last two weeks.

SURVEY SAYS — Despite the headwinds that Democrats continue to face in the midterms, new POLITICO/Morning Consult polling finds that Dems have a 4-point advantage over Republicans on the generic congressional ballot: 46% to 42%. Toplines Crosstabs

Public opinion around the Supreme Court's overturning of Roe v. Wade continues to evolve, with 55% of voters voicing their disapproval of the court's ruling in Dobbs. That's up 5 points since the end of June.

More poll numbers on the abortion debate:

  • Seventy percent of voters oppose laws that would stop people from crossing state lines to get an abortion.
  • Sixty-eight percent oppose state laws that allow private citizens to sue anyone who provides or assists in the procedure.
  • Sixty-three percent oppose penalizing abortion providers with fines. 
  • Sixty-one percent oppose measures that would make it illegal to get abortion pills through the mail. 
  • Sixty percent of Republicans oppose state laws that would ban all abortions (i.e. no exceptions for instances of rape, incest or health of the mother).
 

A message from PhRMA:

Advertisement Image

What's fueling inflation? Not prescription drugs. The administration's own economic data proves it.

 

PRESIDENT JOE BIDEN'S WEDNESDAY (all times Eastern):

8:20 a.m.: The president will arrive in Tel Aviv, Israel, delivering remarks at 8:30 a.m.

9:20 a.m.: Biden will get a briefing on the Iron Dome and Iron Beam air defense systems at Ben Gurion Airport before leaving for Jerusalem at 9:50 a.m.

10:25 a.m.: Biden will arrive at Yad Vashem, where he'll take part in a wreath-laying ceremony at 10:35 a.m.

THE SENATE will meet at 10:30 a.m. to take up MICHAEL BARR's nomination to be the Fed's top banking regulator, with a series of votes at 11:30 a.m. and 2:30 p.m. Afterward, the chamber will take a cloture vote on OWEN HERRNSTADT's nomination to the Ex-Im Bank. Interior Secretary DEB HAALAND will testify before an Appropriations subcommittee at 9:30 a.m. The Commerce Committee will hold a hearing at 10 a.m. on DAVID PEKOSKE's nomination to lead the TSA for a second term.

THE HOUSE will meet at 10 a.m. Michigan state Sen. MALLORY MCMORROW will be among those testifying before an Oversight Committee hearing on abortion at 10 a.m.

 

HAVE QUESTIONS ABOUT ROE BEING OVERTURNED? JOIN WOMEN RULE ON 7/21: Now that the Supreme Court has overturned Roe v. Wade , abortion policy is in the hands of the states and, ultimately, voters. Join POLITICO national political correspondent Elena Schneider for a Women Rule "ask me anything" conversation featuring a panel of reporters from our politics and health care teams who will answer your questions about how the court's decision could play out in different states, its impact on the midterms and what it means for reproductive rights in the U.S. going forward. SUBMIT YOUR QUESTIONS AND REGISTER HERE.

 
 

PHOTO OF THE DAY

WASHINGTON, DC - JULY 12: (L-R) U.S. first lady Jill Biden, President Joe Biden and Vice President Kamala Harris welcome guests to the Congressional Picnic on the South Lawn of the White House on July 12, 2022 in Washington, DC. An annual opportunity for members of Congress and their families to visit administration officials and others for non-partisan fellowship and entertainment, the picnic was cancelled in 2020 and 2021 due to the ongoing coronavirus pandemic. (Photo by Chip   Somodevilla/Getty Images)

First lady Jill Biden, President Joe Biden and Vice President Kamala Harris welcome guests to the Congressional Picnic on the South Lawn of the White House on Tuesday in Washington, DC. | Chip Somodevilla/Getty Images

PLAYBOOK READS

THE WHITE HOUSE

POTUS ABROAD — The U.S. wants to confront Israel and Saudi Arabia over their use of spyware, particularly the controversial — and U.S.-blacklisted — Pegasus from Israel's NSO Group. But with other priorities higher on the list, Biden may be forced to downplay American concerns, Maggie Miller reports. But Israel and Saudi Arabia could bring up their own grievances on the matter.

— A focal point of Biden's trip will be "the Jerusalem Declaration," an affirmation of the countries' relationship and their joint stance against Iran, Israeli officials told reporters Tuesday. The framework will also nod to improved ties between Israel and its Arab neighbors. Biden is also expected to announce the brokering of an Israeli-Saudi deal to resolve a dispute over two islands. More from The Jerusalem Post

— Reality check: Thanks to "continued mistrust and technological differences," it could take years to create a real Israeli-Arab air alliance against Iranian missiles, Lara Seligman and Alex Ward preview from Jerusalem. Experts say baby steps — like intelligence sharing and joint exercises — might be more realistic for the near future.

— Biden also wants to make Arab-Israeli collaborations more public and robust, which "could test the limits of how openly Arab countries are willing to embrace Israel," WSJ's Dion Nissenbaum and Dov Lieber report.

— HANAN EL-ATR, the widow of JAMAL KHASHOGGI, had a meeting at the White House on Tuesday morning, ahead of Biden's Saudi visit, that went "very well," per NewsNation's Kellie Meyer.

Related read: "Biden's Woes at Home Loom Over Mideast Trip That's All About Oil," by Bloomberg's Justin Sink, Annmarie Hordern and Nick Wadhams

BIDEN HIS TIME — The president revived the tradition of the congressional picnic Tuesday, reminiscing about bipartisanship of yore and encouraging more conviviality among politicians. "In reinstating it this year, Mr. Biden was returning to the backslapping, aisle-crossing comfort zone that he has made central to his political brand," writes NYT's Jim Tankersley. White House officials said roughly a dozen GOP senators came, with everyone enjoying boxed brisket or fried chicken or veggie dinners amid games of cornhole.

Biden also returned to a favorite, and controversial, anecdote, per the N.Y. Post: his ability to sit down for lunch and get along with the late segregationist Sen. JAMES EASTLAND (D-Miss.).

(MARGINALLY) GOOD NEWS FOR THE W.H. — The latest Reuters/Ipsos poll found Biden's approval rating ticking up 3 points from last week … to a still-anemic 39%, reports Jason Lange. That includes a 5-point rise among Dems.

CONGRESS

RECONCILABLE DIFFERENCES — Senate Majority Leader CHUCK SCHUMER is stuck in Brooklyn with Covid, but he's still working assiduously to try to strike a reconciliation bill agreement with Sen. JOE MANCHIN (D-W.Va.), Burgess Everett reports this morning . Schumer still wants to get it to the Senate floor before the August recess, and says he's optimistic about that timeframe.

Sen. ELIZABETH WARREN (D-Mass.): "He's on the phone, he's on Zoom, then he's back on the phone. Chuck is still in the middle of everything … Chuck, I think, has had a phone surgically attached to his ear for years now."

Potential wrinkle, part I: Sen. BERNIE SANDERS (I-Vt.): "We have very strong thoughts about reconciliation that we're working on right now. Schumer knows my views very well. We'll get them out soon enough."

Potential wrinkle, part II: Could House moderates derail a potential Manchin-Schumer reconciliation deal? Rep. JOSH GOTTHEIMER (D-N.J.) and a band of fellow centrists are considering a House counteroffer that would include no new taxes, Axios' Hans Nichols reports . Manchin wants to raise taxes on the wealthy to pay for spending and deficit reduction. But Gottheimer and his allies "worry about raising taxes in a slowdown" as talk of a recession looms. "Gottheimer's counteroffer envisions $520 billion in new spending for climate energy and health insurance exchanges, and a total of $627 billion in new money from enhanced IRS enforcement and drug pricing reform." (Plus, of course, SALT reform.)

BIG CONFIRMATION — With several absences, Senate Dems added two GOP votes — SUSAN COLLINS (Maine) and ROB PORTMAN (Ohio) — to confirm STEVE DETTELBACH as head of the Bureau of Alcohol, Tobacco, Firearms and Explosives, 48-46. The vote makes him the first Senate-confirmed leader of ATF since 2015. More from NPR

BIG NEAR-CONFIRMATION — The Senate voted 66-27 to advance Barr's nomination as the leading bank regulator at the Fed, signaling that he's on his way to a likely confirmation today. Barr was Biden's second go at the position after Republicans and moderate Democrats sank SARAH BLOOM RASKIN's nomination. More from the WSJ

DYSFUNCTION DIGEST — Large majorities of both Democratic and Republican senior Hill staffers say Congress is not working as it should in a functioning democracy, Roll Call's Chris Cioffi reports.

 

A message from PhRMA:

Advertisement Image

What's fueling inflation? Not prescription drugs. The administration's own economic data proves it.

 

ALL POLITICS

DEMOCRACY WATCH — Zach Montellaro has an important story up this morning on election officials' worries about insider threats — workers intentionally undermining elections themselves or accidentally helping breach attempts. "Some election officials, while concerned about the breaches around the country, said that similar problems haven't popped up in their state. But others are preparing aggressively — especially in states that already suffered a notable breach."

GEORGIA ON MY MIND — Black faith leaders in Georgia are launching a $2.6 million effort, Faith Works, to bolster voter turnout via more than 1,000 churches across the state, NYT's Nick Corasaniti reports. The group plans to "offer small grants to churches to help customize get-out-the-vote operations, begin a social media advertising campaign, coordinate faith leaders' messages on voting and build partnerships with other voting rights organizations." They hope to replicate Dems' 2020 and 2021 successes in the state in the face of new voting restrictions.

PRIMARY COLORS — J Street is jumping into the member-on-member Democratic primary between Michigan Reps. ANDY LEVIN and HALEY STEVENS with a $700,000 TV ad buy on Levin's behalf, as the race becomes "one of the key battlegrounds in the party's evolving rift over Israel," CNN's Gregory Krieg reports . The group says the expenditure comes in response to Stevens' ad support from an AIPAC-affiliated super PAC.

VALLEY TALK

IT'S OFFICIAL — Twitter on Tuesday sued ELON MUSK to try to prevent him from backing out of his planned $44 billion purchase of the social media company. Twitter says it needs only a four-day trial, which it wants to begin in September. More from Protocol

ABORTION FALLOUT

THE DOJ RESPONSE — Associate A.G. VANITA GUPTA will lead a Justice Department "reproductive rights task force" to keep an eye on state/local abortion restrictions and potentially sue when they overreach, WaPo's David Nakamura and Rachel Roubein report.

IN THE STATES — A Louisiana judge blocked the state's abortion ban Tuesday, the latest step in a ping-ponging legal battle over the status of the procedure. More from The Advocate

 

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PLAYBOOKERS

Huma Abedin is dating Bradley Cooper, having been introduced by Anna Wintour, per Page Six.

Gavin Newsom will be in D.C. today to receive the Frank Newman Award for State Innovation from the Education Commission of the States.

Trump and Elon Musk are beefing now?

HOT & NOT JOBS — The Partnership for Public Service and Boston Consulting Group are out with their 2021 rankings of the best places to work in the federal government. Overall, employee engagement and job satisfaction fell to 64.5 points out of 100, a 4.5-point decrease from 2020. Full rankings

  • Best places to work, across different agency size categories: NASA, the Government Accountability Office and the Pension Benefit Guaranty Corporation.
  • Worst: DHS, the Court Services and Offender Supervision Agency, the National Labor Relations Board and the FEC.
  • Most improved: the National Endowment for the Humanities, the U.S. Agency for Global Media and the VA.
  • On the way down: DOT, the FTC and the Federal Mediation and Conciliation Service.

OUT AND ABOUT — The British Embassy hosted a reception celebrating the Black Women's Congressional Alliance at Ambassador Karen Pierce's residence Monday night. SPOTTED: Marcia Bernicat, Gina Abercrombie-Winstanley, Keenan Austin Reed, Chonya Davis, Melanee Farr, Nicole Tisdale, Carissa Smith and Desiree Comier Smith.

— Raj and Maria Teresa Kumar hosted an opening reception Monday night for Devex World, Devex's big summer event. SPOTTED: Sen. Cory Booker (D-N.J.), Dante Disparte, Sherrie Westin, Gayle Smith, Richard Hattchet, Estuardo Rodríguez, Porter DeLaney, Hosna Jalil, Mark Malloch-Brown, Suzanne Ehlers, Tucker Warren, Marcia Wong, Preeti Sinha and Roberta Jacobson.

MEDIA MOVE — Matthew Choi is rejoining The Texas Tribune as Washington, D.C., correspondent. He previously covered energy and climate at POLITICO.

TRANSITIONS — Joe O'Dea's Colorado GOP Senate campaign has added Carrie Hackenberger as deputy campaign manager, Katie Behnke as national finance consultant, Kyle Kohli as comms director and Joshua Marin-Mora as deputy press secretary, per Colorado Politics. … Ryan Donovan has been named president and CEO of the Council of Federal Home Loan Banks. He previously was EVP and chief advocacy officer at the Credit Union National Association. …

Seyfarth is adding Amy Hoang as a partner, Erica Bakies as a counsel and Sarah Burgart as an associate. They previously were at K&L Gates. … Ilona Cohen is joining HackerOne as chief legal officer, chief policy officer and corporate secretary. She previously was chief legal and compliance officer at Aledade, and is an Obama White House/OMB alum. … Majeda Abu-Alghanam is joining Rep. Jodey Arrington's (R-Texas) office as legislative assistant. She previously was legislative correspondent for Sen. John Cornyn (R-Texas).

WEEKEND WEDDING — Andrew Nicholson, associate director of government relations at Imperium Global Advisors and a John Katko and Susan Brooks alum, and Kelly Quinn, senior economist at the U.S. Bureau of Labor Statistics, got married this weekend in a mountainside ceremony in Asheville, N.C. The couple met in early 2020 and got engaged on the steps of the Lincoln Memorial in September 2021. PicSPOTTED: Matt Nicholson, James Akin, Annie Foster, Craig Hahn and Jacie Coressel.

WELCOME TO THE WORLD — McLaurine (Klingler) Pinover , deputy comms director for the House Foreign Affairs GOP and a Trump White House and DHS alum, and Robert Pinover, a program manager for the Association for Financial Professionals, on Friday welcomed Robert "Bobby" Scott Pinover Jr. Pic

HAPPY BIRTHDAY: POLITICO's Natalie Allison, Joe Spector and Uyen Hoang WaPo's Josh Dawsey, Devlin Barrett and Michelle GapsJoe LockhartTim PhillipsAnne SchroederWill Dempster … Microsoft's Kate FrischmannAmanda Hunter of the Barbara Lee Family Foundation … Vice News' Todd Zwillich Jen HowardAlex Vogel Zaina Javaid … Punchbowl's Max CohenJulie Eddy Rokala of Cassidy & Associates (5-0), celebrating her birthday today and wedding anniversary Thursday in the Bahamas' Eleuthera with close friends … Patricia BrooksCasey KatimsCelia FischerElizabeth Bagley … former Rep. Rob Bishop (R-Utah) … Heather Larrison Gabby SeayJosé Andrés Kevin Norton of Delve LLC

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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 Zapler, deputy editor Zack Stanton and producers Setota Hailemariam and Bethany Irvine.

 

A message from PhRMA:

What's fueling inflation? Not prescription drugs. The administration's own economic data proves it.

Even though medicines aren't fueling inflation, there are still patients who struggle to afford their treatments. But their challenges largely stem from a broken insurance system that too often forces patients to pay more for medicines than insurance companies pay.

The current system isn't fair for patients, but government price setting won't help. There is a better way to help lower drug costs for patients, while preserving choice, access and future innovation.

 
 

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