Tuesday, August 9, 2022

After the raid: GOP torches FBI, hugs Trump

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POLITICO Playbook

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PALM BEACH, FL - AUGUST 08: The home of former President Donald Trump is shown at Mar-A-Lago on August 8, 2022 in Palm Beach, Florida. The FBI raided the home to retrieve classified White House documents. (Photo by Eva Marie Uzcategui/Getty Images)

There was a burst of excitement on social media on Monday after the FBI raided the Mar-A-Lago home of former President Donald Trump. | Getty Images

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DRIVING THE DAY

The news of the FBI raid on Mar-a-Lago, the most aggressive law enforcement action ever taken against a former American president, broke last night in the most understated way imaginable.

Peter Schorsch of FlordiaPolitics.com just tweeted it out : "Scoop — The Federal Bureau of Investigation @FBI today executed a search warrant at Mar-a-Lago, two sources confirm to @Fla_Pol." (Not even an all caps "SCOOP!")

In an age where bragging about reporterial prowess is normal, Schorsch was charmingly humble: "Not sure what the search warrant was about. TBH, I'm not a strong enough reporter to hunt this down, but it's real."

It was indeed real, as DONALD TRUMP confirmed within the hour. "[M]y beautiful home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and occupied by a large group of FBI agents," the former president said in a lengthy statement. "They even broke into my safe!"

The backstory, as outlined in a February letter from DAVID S. FERRIERO, the Archivist of the United States, to Rep. CAROLYN MALONEY (D-N.Y.), chairwoman of the Committee on Oversight and Reform: Throughout 2021, the National Archives and Records Administration "had ongoing communications with the representatives of former President Trump" about boxes of White House records he stashed at his home in West Palm Beach. NARA recovered 15 boxes in January, including items the agency identified as "marked as classified national security information."

The discovery of classified material triggered NARA staff to report their findings to the Department of Justice. That's when things got serious for Trump.

NYT's Maggie Haberman, Ben Protess and Adam Goldman : "Federal prosecutors subsequently began a grand jury investigation, according to two people briefed on the matter. Prosecutors issued a subpoena earlier this year to the archives to obtain the boxes of classified documents, according to the two people familiar with the matter.

"The authorities also made interview requests to people who worked in the White House in the final days of Mr. Trump's presidency, according to one of the people.

"In the spring, a small coterie of federal agents visited Mar-a-Lago in search of some documents, according to a person familiar with the meeting. At least one of the agents was involved in counterintelligence, according to the person."

Trump suggested that he was continuing to work with FARA and DOJ on the matter, and was thus dumbfounded by the swarm of FBI agents that spent hours combing through materials Monday in Mar-a-Lago while Trump was away in Manhattan. "After working and cooperating with the relevant Government agencies, this unannounced raid on my home was not necessary or appropriate," his statement said.

But that cooperation by Trump gave agents the justification they needed to obtain their warrant, according to the Miami Herald :

"Federal agents were able to establish probable cause for the warrant because Trump and his lawyers had already turned over some classified documents that had been sought by the National Archives and Records Administration, the source said. Agents suspected that Trump was unlawfully holding other classified documents from his presidency in his private club and residence at Mar-a-Lago, which is the crux of the investigation led by the FBI and Justice Department in Washington, D.C.

"During Monday's raid, FBI agents worked in 'taint' teams while gathering and separating the alleged classified materials to ensure that none was privileged correspondence between Trump and his lawyers, which would be off limits to investigators and prosecutors."

"DISQUALIFIED"? — One perplexing aspect of the Mar-a-Lago search, at least to some legal analysts, is that the crime reportedly being investigated does not seem to match the unprecedented tactic of an FBI raid on a former president's residence.

"If they raided his home just to find classified documents he took from The White House," one legal expert noted, "he will be re-elected president in 2024, hands down. It will prove to be the greatest law enforcement mistake in history."

There was a burst of excitement on Democratic legal Twitter after MARC ELIAS pointed out that one of the penalties for violating the statute on improper handling of government records is being "disqualified from holding any office under the United States."

But as NYT's Charlie Savage expertly explains , that issue was well-ventilated back when conservatives wanted to throw Hillary Clinton in jail for allegedly violating the same law and many scholars concluded that, as applied to a presidential candidate, it's unconstitutional because the Constitution alone sets the eligibility criteria for the presidency. (Former Attorney General MICHAEL MUKASEY was a fan of this theory but Savage notes that he later recanted .)

WHO SIGNED THE WARRANT? — A "source said FBI agents obtained a search warrant from a federal magistrate judge in West Palm Beach," report Miami Herald's Alex Roarty, Michael Wilner and Jay Weaver . According to its website , the West Palm Beach location of the U.S. District Court for the Southern District of Florida has three Magistrates: Judge Bruce Reinhart, Judge William Matthewman and Judge Ryon McCabe. The court's online database shows two recent warrant applications, both assigned to Reinhart, were entered into its system on Monday, though information about the targets of those warrants is sealed.

GOP REACTION — The immediate political impact in the GOP was a rally to Trump's defense. "Trump is winning the FBI-raid caucus going away," Rich Lowry tweeted , "we'll learn more, but this is his best day in pursuit of the 2024 nomination in a long time." CBS' Robert Costa reported , "Some allies are urging him to speed up his decision on 2024 in the wake of this, that no one in [the] GOP will challenge him now … others are telling him to stay cool, wait." On Fox News, ERIC TRUMP , who said he informed his father of the raid, said publicly for the first time that he now wanted his father to run for president again.

House members, senators, 2022 nominees, and potential 2024 GOP presidential candidates flooded social media with condemnation of President JOE BIDEN, MERRICK GARLAND and the FBI and in solidarity with Trump.

But there was one corner of the GOP establishment notable for its restraint: Senate Republican leadership.

Minority Leader MITCH MCCONNELL (R-Ky.), Whip JOHN THUNE (R-S.D.), Republican Conference Chairman JOHN BARRASSO (R-Wyoming), Republican Policy Committee Chairman ROY BLUNT (R-Mo.), Vice Chairman of the Senate Republican Conference JONI ERNST (R-Iowa) all refrained from tweeting about the raid as of early this morning.

The silence did not go unnoticed. On Fox News Monday night, MARK LEVIN attacked the Senate leadership for not speaking out.

There was one leadership exception: Republican Senatorial Committee Chairman RICK SCOTT tweeted , "The @FBI's raid of Mar-a-Lago is incredibly concerning, especially given the Biden admin's history of going after parents & other political opponents. This is 3rd World country stuff. We need answers NOW. The FBI must explain what they were doing today & why."

Many other GOP senators echoed Scott, including Kentucky's RAND PAUL ( "outrageous and unjust" ), Tennessee's MARSHA BLACKBURN ( "I stand with President Trump" ), Florida's MARCO RUBIO (like "3rd world Marxist dictatorships" ), South Carolina's LINDSEY GRAHAM ( "launching such an investigation of a former President this close to an election is beyond problematic" ) and Kansas' ROGER MARSHALL ( "no one is safe from political persecution" ).

As for 2024 aspirants, Sens. TOM COTTON (R-Ark.) and JOSH HAWLEY (R-Mo.) didn't tweet. But Sen. TED CRUZ (R-Texas), Florida Gov. RON DESANTIS and South Dakota Gov. KRISTI NOEM did. Desantis called the raid "another escalation in the weaponization of federal agencies against the Regime's political opponents." Noem said it was "un-American." Cruz hit all of these notes and many more in a thread that ended with "4/x," suggesting he may pick things up this morning.

Most GOP House members commenting about the raid took it as a given that it was politically motivated.

The tone was set from the top. "I've seen enough," House Minority Leader KEVIN MCCARTHY tweeted . "The Department of Justice has reached an intolerable state of weaponized politicization. When Republicans take back the House, we will conduct immediate oversight of this department, follow the facts, and leave no stone unturned. Attorney General Garland, preserve your documents and clear your calendar."

Minority Whip STEVE SCALISE called the raid "a brazen weaponization of the FBI by Biden's DOJ against his political opponent."

Republican Conference Chairman Rep. ELISE STEFANIK (R-N.Y.) said, "The FBI's raid on President Trump's Florida home is a dark day in American history. The political weaponization of the FBI and Department of Justice is an actual threat to democracy." The FBI, she said, is a "corrupt agency."

Rep. JIM BANKS (R-Ind.), the Republican Study Committee chair who wants to be majority whip if the GOP takes the House, spoke for many of his colleagues by dragging the president's son into the drama: "HUNTER BIDEN skates free while DOJ executes a political plot to destroy lives of political opponents."

Rep. ANDY BIGGS (R-Ariz.) compared Biden to MUAMMAR GADDAFI . Rep. GREG STEUBE (R-Fla.) said America "has become a totalitarian state." Rep. MARJORIE TAYLOR GREENE (R-Ga.) tweeted, "DEFUND THE FBI." Rep. PAUL GOSAR (R-Ariz.) tweeted, "We must destroy the FBI."

Texas Rep. LOUIE GOHMERT, perhaps aware of the surge of violent rhetoric emanating from online Trump forums — "as violent as I've seen them since before January 6th," per NBC's Ben Collinsappealed for calm . "Do not let this lawless government provoke violence," he tweeted. "They will use it to declare more emergencies, perhaps even take more of our liberties, and attempt to steal the upcoming election, and make this the totalitarian, Orwellian police state toward which they have been moving us."

Republican candidates and groups, such as the RNC and J.D. VANCE , immediately used the raid to raise money last night.

After firing off his own FBI-themed fundraising appeals, Trump ended Monday by calling into an Alaska rally for SARAH PALIN. "This was a strange day," he told the crowd.

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

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STATE OF THE RACE — Democrats passed Republicans in 538's generic congressional ballot tracker for the first time since November.

IT'S ELECTION DAY — Zach Montellaro and Ally Mutnick break down some of the big races to watch tonight . There are high-profile GOP primaries in Wisconsin between Trump-backed contenders (TIM MICHELS for governor) and Republicans he wants to take down (REBECCA KLEEFISCH for governor, Assembly Speaker ROBIN VOS). Vermont Lt. Gov. MOLLY GRAY and state Senate President BECCA BALINT are battling for the Democratic nomination for the state's House seat. And a Minnesota special election will provide perhaps the biggest bellwether for November: Republican BRAD FINSTAD is expected to beat Democrat JEFF ETTINGER, but the margin will be instructive.

"Overall, however, one thing that stands out about Tuesday's primaries in four states in the Midwest and Northeast is how many have no contests at all, or only token challenges," add Roll Call's Mary Ellen McIntire, Niels Lesniewski, and Stephanie Akin .

 

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BIDEN'S TUESDAY:

9 a.m.: The president will receive the President's Daily Brief.

10 a.m.: Biden will sign the CHIPS and Science Act into law and deliver remarks on the South Lawn, with VP KAMALA HARRIS, Commerce Secretary GINA RAIMONDO, USTR KATHERINE TAI and OMB Director SHALANDA YOUNG in attendance.

2 p.m.: Biden will sign the ratification of Finland and Sweden to join NATO and deliver remarks in the East Room, with Harris in attendance.

Press secretary KARINE JEAN-PIERRE will brief at 2:40 p.m.

THE HOUSE and THE SENATE are out.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today .

 
 

PHOTO OF THE DAY

President Joe Biden speaks as he tours a neighborhood impacted by flooding, Monday, Aug. 8, 2022, in Lost Creek, Ky. (AP Photo/Evan Vucci)

President Joe Biden speaks as he tours a neighborhood impacted by flooding on Monday, in Lost Creek, Ky. | Evan Vucci/AP Photo

PLAYBOOK READS

ALL POLITICS

THE NEW (OLD) GOP — Moderate New England Republicans are looking to stage a comeback in this year's elections, from GEORGE LOGAN and MIKE FRANCE in Connecticut to BRUCE POLIQUIN in Maine. From Cranston, R.I., Sarah Ferris profiles ALLAN FUNG , a popular former mayor running for Congress who's one of the group disavowing MAGA and emphasizing pocketbook issues — even as he backs KEVIN MCCARTHY.

THE NEW (NEW) GOP — Florida Gov. Ron DeSantis' railroading of a new, more heavily gerrymandered map for Republicans looks likely to send several new Trumpist members to Congress next year, Gary Fineout reports from Tallahassee .

DESANTIS ON THE ROAD — DeSantis will headline Turning Point Action rallies this month for J.D. VANCE in Ohio, DOUG MASTRIANO in Pennsylvania, KARI LAKE and BLAKE MASTERS in Arizona, and Rep. YVETTE HERRELL and MARK RONCHETTI in New Mexico, Fox News' Brooke Singman scooped .

— DeSantis will also be on Nantucket today for a fundraiser hosted by JAMES PALLOTTA, per the Nantucket Current's Jason Graziadei .

AD WARS — The most striking new political ad this week is the Republican Accountability PAC's spot against Georgia GOP Senate nominee HERSCHEL WALKER , which features his ex-wife describing domestic abuse in shocking detail: "The first time he held the gun to my head, he held the gun to my temple, and said he was gonna blow my brains out." It's a six-figure ad buy in Georgia from the anti-Trump GOP group, reports The Atlanta Journal-Constitution's Greg Bluestein . Watch the 30-second spot

— The most striking not-new political ad this week is that viral DICK CHENEY spot for his daughter LIZ, which will launch on Fox News nationally today after initially airing just in Wyoming, per Axios' Alayna Treene . ICYMI, watch the 1-minute spot

BATTLE FOR THE SENATE — Burgess Everett dives into the unusual Utah Senate race, in which EVAN MCMULLIN's challenge to GOP Sen. MIKE LEE "is as much about the last six years of the Republican Party — and Lee's place in it — as it is about McMullin's half-court heave of a political strategy." Lee says he has a big lead, but is taking the race seriously. McMullin is vowing to become the first independent senator not to caucus with either party in more than half a century, even if the Senate shakes out at 50-49.

CONGRESS

ROLLING BACK THE AUMF — The long campaign to repeal Congress' 2002 Iraq War authorization now has its sights set on the National Defense Authorization Act, which Sen. TIM KAINE (D-Va.) wants to use as the vehicle to pass a war powers rollback after two decades, Lawrence Ukenye and Connor O'Brien report . It may be one of the last opportunities for the bipartisan effort to succeed, but "[a] key problem for the Senate is finding the time to do the vote." Senate Majority Leader CHUCK SCHUMER, who promised last year to bring it up for a vote, hasn't yet done so.

Sen. TODD YOUNG (R-Ind.): "I agree that the NDAA is the most logical vehicle, but frankly we'll hitch a ride wherever we can catch it. It's a busy calendar."

 

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JAN. 6 AND ITS AFTERMATH

THE INVESTIGATIONS — JOHN ROWLEY and EVAN CORCORAN are now representing Trump in talks with the Justice Department, NYT's Maggie Haberman scooped . The attorneys' other clients have included PETER NAVARRO, STEPHEN MILLER, CLETA MITCHELL, STEVE BANNON and Rep. SCOTT PERRY (R-Pa.). More from Betsy Woodruff Swan

— RUDY GIULIANI tried to postpone an appearance before a Fulton County, Ga., grand jury scheduled for today. More from the AJC

— A new Justice Department filing opposed JOHN EASTMAN's effort to retrieve his cellphone that the FBI seized, saying that it would amount to "destruction of evidence." More from Law & Crime The filing

COMMITTEE LATEST — DOUG MASTRIANO will appear before the House Jan. 6 committee after all, testifying virtually today after the Pennsylvania GOP gubernatorial nominee's attorney had threatened he could pull out last week. More from CBS

ABORTION FALLOUT

GOP IN DISARRAY — "Republican state officials have been waiting decades for the chance to ban abortion," report Megan Messerly and Alice Miranda Ollstein . But now that they can, "red state lawmakers are mired in partisan infighting and struggling to agree on how far to go." The situation "could prove volatile for the party heading into a November election when the political winds are supposed to be at their back. … The vitriol has left some Republican legislators reeling, forced to defend their anti-abortion bona fides to constituents and friends."

— To wit: Nebraska Gov. PETE RICKETTS said Monday that he won't convene a special legislative session to restrict abortion, because Republicans didn't have the votes to impose a 12-week ban. More from the Omaha World-Herald

WAR IN UKRAINE

THE LATEST AID — The Defense Department said Monday it'll send another $1 billion in military assistance to Ukraine. The tranche includes "more ammunition for High Mobility Artillery Rocket Systems (HIMARS), 1,000 Javelin anti-tank missiles, anti-armor systems, mortar systems and tens of thousands of artillery ammunition, as well as 50 armored medical treatment vehicles and medical supplies," per CBS . The U.S. is also sending $4.5 billion more in budgetary aid.

 

INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY .

 
 
PLAYBOOKERS

Stephanie Grisham responded to an accusation on Twitter that she was the source of the Trump-era photos Maggie Haberman obtained of torn documents in toilets "Lol I assure you I'm not. I would def not have followed that guy into the bathroom after he used it."

The New Yorker "released a whole article about how much we need bookstores and linked every book mentioned in it to Amazon." The links were removed after social media mocking.

Doug Emhoff is to thank for the video that spawned Kamala Harris' now-iconic and sometimes-memed catchphrase "We did it, Joe!"

Wolf Blitzer shared a time-capsule photo from the launch of CNN's "The Situation Room" in 2005.

Ivana Trump will be honored in a ceremonial mass today in St-Tropez.

OUT AND ABOUT — Rohini Kosoglu, domestic policy adviser to the VP and one of Harris' longest-serving aides, had a farewell party at Blackfinn on Monday night as she's leaving the White House this week. SPOTTED: second gentleman Doug Emhoff, Josh Hsu, Julie Rodriguez, Laphonza Butler, Brian Nelson, Vinay Reddy, Remi Yamamoto, Opal Vadhan, Marguerite Biagi, Sabrina Singh and Mike Smith, Kate Childs Graham, Rachel Palermo and Herbie Ziskend.

MEDIA MOVE — Allison Sandza is now executive producer for streaming Washington coverage at CBS News. She previously was supervising producer for "The Source with Kasie Hunt" at CNN, and is an NBC "Meet the Press" alum.

WHITE HOUSE MOVES — Ahmad Ramadan has been detailed to the White House Infrastructure Implementation Office as engagement adviser. He previously was at the Labor Department's Office of Intergovernmental and Congressional Affairs, and is a Biden campaign alum. … Osaremen Okolo is leaving the White House, where she has been a policy adviser for the Office on COVID-19 Response, to start a Ph.D. at Harvard in the history of science. She's also a Senate HELP and Jan Schakowsky alum.

TRANSITIONS — Drew O'Brien is joining Seven Letter as a partner. He most recently was EVP and managing director at Burson Cohn & Wolfe and president of Direct Impact, and is a State Department alum. … Karishma Merchant is now associate VP of policy and advocacy at Jobs for the Future. She previously was senior education and workforce policy adviser for Sen. Tim Kaine (D-Va.).

ENGAGED — Ben Steinhafel, director of policy and external affairs at the Center for Telehealth and E-Health Law, CTeL, proposed to Kelly Laco , a politics editor at Fox News Digital, on Saturday afternoon at the Georgetown waterfront. The couple had their first date in June 2020 in Navy Yard. Pic Another pic

WEEKEND WEDDING — Zach Sentementes, director of federal advocacy at PhRMA, and Shannon Sorensen, VP of legal and business affairs at the National Music Publishers' Association, got married Saturday at the Grey Havens Inn in Georgetown, Maine. The couple met at the RIAA & Spotify holiday party at the 9:30 Club in 2017. Pic SPOTTED: Alicia Smith, Nishith Pandya, Andrew Kovalcin, Alex Hendrie, Ashkhen Kazaryan, Bijan Madhani, Brett Seyfried, Elaine Sedenberg, Jared Parks and Tom Hebert.

HAPPY BIRTHDAY: Sen. Roger Marshall (R-Kan.) … NYT's Julian Barnes and Ken VogelAnn Selzer of Selzer & Co. … Kathleen Matthews … White House News Photographers Association's Heidi Elswick, celebrating by working on table assignments for the WHNPA "Eyes of History" awards gala Sept. 10 … Michael Fletcher … Lockheed Martin's Marcel Lettre Leila Sepehri Getto … SmartPower's Brian F. KeaneTim Tagaris ... Meta's Robert TraynhamBill Burton Hoda KotbChris CuomoSharon WagenerBrian Hart ... Kerry Troup … POLITICO's Jordan Hoshko ... BBC's John SimpsonDavid SoursFred Brown of Dezenhall Resources … Courtney Bradway of Cornerstone … former Reps. John Sweeney (R-N.Y.) and Charles Djou (R-Hawaii) … Mike Mears William Smith Gable BradyRhonda Bentz BozzellaRichard WeiblingerKate LeoneLindsay Singleton of Rokk Solutions … Ann E.W. StoneChris SautterVirginia Pancoe … New Deal Strategies' Rebecca Kirszner KatzAmy Rutkin of House Judiciary … Mercury's Dan Bank Ted Thompson of the Michael J. Fox Foundation

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