Sunday, August 21, 2022

The Mar-a-Lago search: The fallout, the future and the FBI

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POLITICO Playbook

By Eli Okun

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Security moves in a golf cart at former President Donald Trump's Mar-a-Lago estate, Tuesday, Aug. 9, 2022, in Palm Beach, Fla. The FBI searched Trump's Mar-a-Lago estate as part of an investigation into whether he took classified records from the White House to his Florida residence, people familiar with the matter said Monday. (AP Photo/Lynne Sladky)

In the hectic final months of the Trump administration, two dozen boxes of "highly classified" documents and other materials were shipped to Mar-a-Lago instead of to the National Archives, per a new report. | Lynne Sladky/AP Photo

DRIVING THE DAY

GETTING HOT IN THE SUNSHINE STATE — Nearly two weeks after FBI agents descended on Mar-a-Lago to seize boxes of documents, the reverberations from the search are still resounding around the political landscape. A spate of new stories this weekend shed new light on how the Trump White House's actions brought us here — and where the legal and political fallout might head next.

— How we got here: In the hectic final months of the Trump administration, two dozen boxes of "highly classified" documents and other materials were shipped to Florida instead of to the National Archives — laying the groundwork for the eventual FBI search of Mar-a-Lago, NYT's Maggie Haberman, Katie Benner and Glenn Thrush report. Plenty of Trump world fingers are pointing at former chief of staff MARK MEADOWS, who oversaw the transition and told aides that documents would be handled properly.

But ultimately, the story of the documents is also a story of DONALD TRUMP's routine treatment of his role "as a private business," they write. "His unwillingness to let go of power, including refusing to return government documents collected while he was in office, has led to a potentially damaging, and entirely avoidable, legal battle that threatens to engulf the former president and some of his aides."

— In the courtroom: Now that the legal battle is underway following the search, Kyle Cheney, Josh Gerstein and Nick Wu have a look at Trump's lawyers' approach. The big picture: "He and his team haven't settled on a singular approach and appear in the dark about what may come next." And while the legal team has swung between different strategies, Trump has sometimes publicly insisted on steps his lawyers haven't actually advocated in writing.

"The best thing that Trump can probably hope for at the moment is that the search warrant was primarily a mechanism to recover records the government thought it was entitled to and isn't much of an indication of whether he or anyone else will face criminal charges."

— FBI under fire: Two big stories from WSJ's Aruna Viswanatha and WaPo's Perry Stein, Ellen Nakashima, Hannah Allam and Josh Dawsey document FBI Director CHRISTOPHER WRAY's perhaps Sisyphean efforts to stay out of the political scrum.

For years, Wray has tried to broaden the agency's remit, turn down the public temperature and extract it from partisan debates. But Viswanatha reports that "he was involved in weeks of discussions with AG MERRICK GARLAND and other senior DOJ and FBI officials" before the raid. "Wray came to believe it was a step that had to be taken."

Though Wray has let Garland take the lead in publicly addressing the Mar-a-Lago search, the wave of threats against law enforcement in the past couple of weeks raises the stakes, per WaPo: "Wray's dilemma is one every agency chief who gets the MAGA mob treatment confronts: Fight back, or stay silent for fear of escalation?"

— How it's playing: New NBC polling finds that 57% of Americans think the various investigations into Trump's alleged wrongdoing should proceed, compared to 40% who want them to stop. (Also notable: The political landscape still looks positive for Republicans in the poll, but Democrats have closed the enthusiasm gap in a big way.)

— More fallout: Republicans' aggressive defense of Trump and anger at law enforcement could throw obstacles into the once-sleepy path of COLLEEN SHOGAN, President JOE BIDEN's nominee to head the National Archives, Bloomberg's Mike Dorning, Jason Leopold and Laura Litvan report.

Good Sunday morning. Thanks for reading Playbook. Drop me a line at eokun@politico.com, or reach out to the rest of the team: Rachael Bade, Eugene Daniels , Ryan Lizza.

FIRST LADY HEALTH UPDATE — First lady JILL BIDEN is out of isolation after her bout of Covid-19, having tested negative twice, her office announced. She's heading to Delaware today.

NEW THIS MORNING — "Appeals court temporarily blocks subpoena to Graham in Georgia election-fraud probe," by Kyle Cheney: "The appeals court said in a two-page order that [Sen. LINDSEY] GRAHAM's attorneys and prosecutors for Fulton County District Attorney FANI WILLIS needed to flesh out arguments about whether Graham is entitled to have the federal courts place legal guardrails on the questioning Graham could face."

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SUNDAY BEST …

— Rep. DAN CRENSHAW (R-Texas) on GOP calls to defund the FBI, on CNN's "State of the Union": "It's crazy. And it makes us seem like extremist Democrats, right? And so MARJORIE and AOC can go join the 'defund the law enforcement' club if they want. Ninety-nine percent of Republicans are not on that train. What we want is accountability. We want transparency."

— Rep. ADAM SCHIFF (D-Calif.) on whether the affidavit for the Mar-a-Lago search should be unsealed, on "State of the Union": "Now, the public interest is also real. But I think the question is, at what point in time does the public get to see that affidavit? And I think the Justice Department makes a powerful case that, at the early stage of the investigation, when it could jeopardize the pursuit of justice, this is not the time to be giving essentially the Trump lawyers a road map into how to intimidate witnesses or how to derail a legitimate investigation."

— Education Secretary MIGUEL CARDONA on the looming student debt relief decision, on CBS' "Face the Nation": "I don't have a decision for you today. But what I will tell you [is] that daily, we're having conversations about this, and the American folks will hear it before the end of the month."

— Sen. MARK KELLY (D-Ariz.) on BLAKE MASTERS, KARI LAKE, MARK FINCHEM and the GOP, on "State of the Union": "Unfortunately, I think right now that the folks you mentioned have some really dangerous ideas, and they're not consistent with most Arizonans, even most Republicans in Arizona. … My Republican colleagues that I talk to in the United States Senate, I mean, these are good people, by and large, who are working really hard. And they don't need those dangerous ideas in the United States Senate."

— Energy Secretary JENNIFER GRANHOLM on gas prices, on "Fox News Sunday": "They've fallen every single day of this summer. We're hopeful that that will continue. But if China opens up significantly after Covid, there will be more pressure on demand. More pressure on demand means upward pressure on prices. So we're watching what happens globally. But we are doing everything possible to try to stabilize supply and demand to keep those prices coming down." NBC's Shannon Pettypiece on fears that they'll start to rise again

 

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TOP-EDS: A roundup of the week's must-read opinion pieces.

The Mar-a-Lago search … 

All politics … 

America and the world … 

BIDEN'S SUNDAY — The president has nothing on his public schedule.

VP KAMALA HARRIS' SUNDAY — The VP has nothing on her public schedule.

 

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

WAVERLY, IOWA - AUGUST 20: Former Vice President Mike Pence speaks at the Bremer County Republicans' Grill and Chill lunch on August 20, 2022 in Waverly, Iowa. Pence was introduced as

Former VP Mike Pence addresses the Bremer County Republicans' Grill and Chill lunch Saturday in Waverly, Iowa. | Scott Olson/Getty Images

PLAYBOOK READS

9 THINGS FOR YOUR RADAR

1. WALORSKI'S SUCCESSOR?: Indiana Republicans nominated RUDY YAKYM on Saturday to vie for the late Rep. JACKIE WALORSKI's seat in the conservative district. Yakym had earned Walorski's husband's endorsement, and worked as her campaign's finance director a decade ago. He beat out a field of a dozen contenders, including former state A.G. CURTIS HILL. More from the South Bend Tribune

2. WHAT'S THE MATTER WITH KANSAS: The hand recount of Kansas' major abortion vote is nearing its end, with only one county left to report. And with the results from populous Johnson County arriving Saturday, the landslide victory for abortion rights won't be changing: The county's margin was tweaked by … just two votes. The recount was funded by a prominent anti-abortion activist and election denier. More from The Kansas City Star

3. MIDTERMS ROUNDUP: The latest stories from the campaign trail …

— Pennsylvania: DOUG MASTRIANO's GOP gubernatorial campaign is using a non-professional team of armed security guards drawn largely from a new evangelical church, including a regional leader of the Oath Keepers militia, reports LancasterOnline's Carter Walker.

— Nevada: Sen. CATHERINE CORTEZ MASTO (D-Nev.) is highlighting abortion rights in her reelection bid — and WSJ's Joshua Jamerson finds that it's swaying at least some in the GOP.

— Florida: This week, Democrats are choosing between Rep. CHARLIE CRIST and state Agriculture Commissioner NIKKI FRIED to take on Republican Gov. RON DeSANTIS — and some worry that this may be their last shot to stop a nationally ascendant DeSantis, NYT's Patricia Mazzei reports.

— Colorado: WaPo's Dan Balz sits down with Sen. MICHAEL BENNET (D-Colo.) and GOP challenger JOE O'DEA and finds a race on the verge of becoming competitive.

— New York: N.Y. Mag's Ross Barkan and Nia Prater look at the primary between Rep. SEAN PATRICK MALONEY (D-N.Y.) and ALESSANDRA BIAGGI as another progressive-vs.-establishment fight. "On the ground, it is apparent that a contested race shaped by ideological, generational and stylistic tensions is underway," add NYT's Katie Glueck and Nicholas Fandos.

— Nationally: Hardly any Democrats in competitive races are eager to have Biden help them campaign, even as the president prepares to kick off his midterms efforts this week, WaPo's Matt Viser finds.

4. PARDON ME: In the final days of the Trump administration after the Capitol insurrection, RUDY GIULIANI associate MARIA RYAN tried to get Giuliani a "general pardon" and the Presidential Medal of Freedom, along with money for both of them, a new book reveals. NYT's Maggie Haberman reports that Andrew Kirtzman's forthcoming book "Giuliani" ( $30 ) "adds another layer to the complex picture now swirling around Mr. Giuliani as he faces legal fallout from his efforts to try to help Mr. Trump cling to power," though it's not clear if Giuliani was involved in the pardon request.

 

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5. WHOSE ECONOMY IS IT?: After a spurt of big-ticket legislative victories this summer, Biden's effect on the American economy is starting to become clearer, WaPo's Jeff Stein writes . "His presidency combines some traditional features of Democratic policymaking — such as pursuing higher taxes and expanded access to health care — with a new focus on reviving domestic industry through targeted investment, supporting American labor, and cracking down on monopolistic firms through a heavier emphasis on antitrust enforcement." But inflation and recession fears are knocking at the door.

— Meanwhile, Republican governors are attempting a difficult two-step: (1) convincing voters to blame Biden and not state leaders for inflation, while (2) assuring them that the economy remains strong statewide but is cratering nationally, AP's Josh Boak reports.

6. FEEDING THE WORLD: "U.N.: U.S. buying big Ukraine grain shipment for hungry regions," by AP's Cara Anna: "The United States is stepping up to buy about 150,000 metric tons of grain from Ukraine in the next few weeks for an upcoming shipment of food aid from ports no longer blockaded by war, the World Food Program chief has told The Associated Press."

7. PHRASEOLOGY: "How a Storied Phrase Became a Partisan Battleground," by NYT's Jazmine Ulloa: "Now, a new crop of Republican candidates and elected officials are using the phrase ["the American dream" ] in a different way, invoking the same promise but arguing in speeches, ads and mailings that the American dream is dying or in danger, threatened by what they see as rampant crime, unchecked illegal immigration, burdensome government regulations and liberal social policies. Many of these Republicans are people of color — including immigrants and the children of immigrants."

8. DEMOCRACY DIGEST: Democrats are split over how much to highlight what they see as existential stakes for democracy in this year's midterms, David Siders reports in a new POLITICO Magazine story this morning. Some campaigns think it's more prudent to emphasize kitchen-table issues that will sway voters — but others warn that failing to galvanize popular resistance to the creep of authoritarianism is akin to not taking climate change seriously in the early days. "The problem is that little appears to be breaking through. Americans typically say democracy matters to them … But that's still low on the list of Americans' concerns."

9. FOR YOUR RADAR: "This Is How the Polio Crisis Could Spin Totally Out of Control," by The Daily Beast's David Axe: "[T]he CDC is trying to maintain total government control over testing for the poliovirus. Only the feds and certain states that already do polio testing would be equipped to monitor for the pathogen. In withholding the testing materials and protocols, private labs … would need to detect and track the virus, the CDC risks allowing the virus to spread unnoticed in some communities, while also limiting study of a potential outbreak."

 

SUBSCRIBE TO 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

Jared Polis joined in a Dungeons & Dragons game.

Dennis Rodman stopped traffic in the capital.

Mike Pence brought Barbara Grassley a nice bouquet at the Grassleys' Iowa farm.

George W. Bush will appear on the broadcast of tonight's MLB Little League Classic on ESPN.

WHAT PLAYBOOKERS ARE READING: A roundup of the most-clicked links from the past week in Playbook.

1. Lisa Desjardins' Twitter thread about the man who died by suicide at the Capitol.

2. The White House memo we scooped detailing the admin's planned travel and media blitz ahead of the midterms. ( More details here )

3. "Will This Be An Asterisk* Election?" by FiveThirtyEight's Nate Silver

4. "A disastrous megaflood is coming to California, experts say, and it could be the most expensive natural disaster in history," by CNN's Payton Major, Judson Jones and Brandon Miller

5. "Jared Kushner's 'Breaking History' Is a Soulless and Very Selective Memoir," by NYT's Dwight Garner

OUT AND ABOUT — Crooked Media's Shaniqua McClendon celebrated her 35th birthday at the Patterson Mansion. SPOTTED: Deesha Dyer, Wes Moe, Eugene Scott, Kamau Marshall, Grace Landrieu, Vanessa Lion, Shadawn Reddick-Smith, Darrel Thompson, Nick Simmons, Juanita Tolliver and Phill Branch.

TRANSITIONS — Tyler Grassmeyer is joining the Observatory Group as senior Washington analyst. He previously was deputy chief of staff for Sen. Ben Sasse (R-Neb.) and is a Steve Austria, Tom Rice and Chuck Hagel alum. … Ilse Zuniga is now national press secretary at HHS. She previously was press secretary for principal engagement and is a Tim Kaine alum. …

… Jake Morabito is now director of comms and technology task force at the American Legislative Exchange Council. He most recently was a program manager at Software.org: the BSA Foundation and is a Darrell Issa alum. … Ezra Mechaber is joining Bloomberg Media as director of product. He was previously director of growth at Noom and is an Obama alum.

WELCOME TO THE WORLD — Kirsten Salyer, lead editor at the World Economic Forum, and Schuyler Weiss, CEO of Alpian, recently welcomed daughter Nore Anouk Weiss in Geneva, Switzerland.

HAPPY BIRTHDAY: Sen. Jon Tester (D-Mont.) … Peter Hamby of Snapchat and Puck … White House's Tericka Lambert, Carli Kientzle and Marguerite Biagi … The Atlantic's Elaine GodfreySteve Case of Revolution and the Case Foundation … Ken Mehlman of KKR … Arkansas Lt. Gov. Tim GriffinBrian Parks of Locust Street Group … Drew Morris of Sen. Marsha Blackburn's (R-Tenn.) office … Puja MurgaiRyan McCormack of Rep. Scott Fitzgerald's (R-Wis.) office … Joe MingesStephen Neuman of American Airlines … Thomas Bradbury of the American Conservative Union … Lindsay FisherRubén Olmos of Global Nexus … Mary Ann Naylor … WaPo's Manuel Roig-Franzia … Yahoo News' Jana Winter … NBC's Pamela Engel and Harry SmithBen Howard of the Duberstein Group … Bruce Evans … E&E News' George Cahlink David Heifetz of Breakthrough Energy … Francine McMahonMary Brady of the Economic Club of Washington, D.C. … Elizabeth (Stoltz) Reilly Amelia Penniman of Bully Pulpit Interactive … Rachel Hirschberg Light … CNN's Cameron Hough Teresa Carlson Erica Miller of the Jewish Federation of Greater Philadelphia

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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 DeBonis, deputy editor Zack Stanton, digital editor Garrett Ross and producers Setota Hailemariam and Bethany Irvine.

Correction: Saturday's Playbook misstated the wedding location of Daniel White and Denise Pyfrom. They got married at the Mansion at Natirar in Peapack-Gladstone, N.J.

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