Wednesday, August 10, 2022

Trump lawyers provide new info but no warrant

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POLITICO Playbook

By Ryan Lizza and Eugene Daniels

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With help from Eli Okun and Garrett Ross

Former President Donald Trump arrives at Trump Tower, late Tuesday, Aug. 9, 2022, in New York.

A lawyer for former President Donald Trump said agents seized about a dozen boxes in a search of his Florida home on Monday. | Yuki Iwamura/AP Photo

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DRIVING THE DAY

WHERE'S THE WARRANT? — It's been two days since the FBI searched Trump's Florida home, spurring loud calls for transparency at Justice. But Trump's lawyers have the warrant and a detailed manifest of what the FBI took away. Why haven't they been released? We asked Trump lawyer CHRISTINA BOBB, who was at Mar-a-Lago during the search, and will report back what we hear.

MUST-READ — "Why the Trump search warrant is nothing like Hillary's emails," by Kyle Cheney: "The president has decried the FBI's search of his home. But legal experts say the agency is likely on firm ground. They note Trump could clear a lot of the mystery up himself."

HOW IT HAPPENED — On Tuesday, we noted the understated quality of Florida Politics' publisher PETER SCHORSCH's tweet heard 'round the world breaking the Mar-a-Lago search story. "I feel like all-caps is loud," he tells WaPo's Elahe Izadi . While his offer to join the team here at Playbook is obviously rescinded, we enjoyed this profile of him.

SAFE FOR WORK — N.Y. Mag's Olivia Nuzzi channels her inner Geraldo Rivera and tries to find out what's in Trump's safe. Some informed speculation from ex-aides: cash, guns, Trump's will, NDAs.

THE LAWYERS SPEAK — Both Bobb and a second Trump lawyer, LINDSEY HALLIGAN, who was also present for the search, gave interviews on Tuesday and filled in some details.

CBS News: "Halligan received a call at around 10 a.m. Monday that FBI agents were at Trump's Palm Beach home, Mar-a-Lago, and they had a search warrant. She was the second Trump attorney to arrive on scene, at about 11 a.m, after the search had begun. Christina Bobb, who used to be a TV host on the far right OAN Network, was already there.

"Over the next eight hours, Halligan said 30-40 FBI personnel conducted the search. There were a handful dressed in suits, but most wore t-shirts, cargo pants, masks and gloves. Halligan estimates 10-15 FBI vehicles went in and out of the property, including a Ryder truck. …

"Halligan says she and Bobb were barred from going inside the complex, forced to remain outside, between the ballroom and residence, on the grounds of Mar-a-Lago. According to Halligan, the FBI divided up the search into three areas: a bedroom, a storage area and an office.

"She said she spoke with Trump, who expressed shock about the FBI search. He said he thought he'd complied with investigators' requests. … The search teams wrapped up their work at about 6:30 p.m."

The Wall Street Journal: "The Federal Bureau of Investigation met U.S. Secret Service employees on Monday morning outside Mar-a-Lago to alert them they were executing the warrant. After the search, the federal agents hauled away roughly 10 more boxes, a person with knowledge of the operation said. …

"Palm Beach County State Attorney DAVE ARONBERG , a Democrat who has spoken with local law enforcement about the incident, said it 'is a gross exaggeration' to call the search a raid. 'This was a very orderly, smooth search of a home conducted by plain clothes FBI agents, escorted by Secret Service agents,' he said.

"The warrant refers to the Presidential Records Act and possible violation of law over handling of classified information, according to Christina Bobb, a lawyer for the former president. The warrant hasn't been made public."

POLITICO: "[Bobb] said that Florida magistrate Judge BRUCE REINHART signed off on the warrant that allowed FBI agents to search the Trump residence in Florida. Agents searched multiple areas of the property, Bobb told POLITICO, but she could not verify where the materials were confiscated from."

Washington Post: "[Bobb] said [Trump's] lawyers engaged in discussions with the Justice Department this spring over materials held at Mar-a-Lago. At that time, the former president's legal team searched through two to three dozen boxes in a storage area, hunting for documents that could be considered presidential records, and turned over several items that might meet the definition, she said.

"In June, Bobb said, she and Trump lawyer EVAN CORCORAN met with JAY BRATT , the chief of the counterintelligence and export control section at the Justice Department, along with several investigators. Trump stopped by the meeting as it began to greet the investigators but was not interviewed. The lawyers showed the federal officials the boxes, and Bratt and the others spent some time looking through the material.

"Bobb said the Justice Department officials commented that they did not believe the storage unit was properly secured, so Trump officials added a lock to the facility. When FBI agents searched the property Monday, Bobb added, they broke through the lock that had been added to the door. …

"One adviser who spoke to Trump after the search said the former president sounded buoyed by the development, bragging about how many Republicans were supporting him publicly , and said Trump thought the search would help him politically in the end."

Lordy, NYT says there are tapes: "After Mr. Bratt and other officials visited Mar-a-Lago, they subpoenaed the Trump Organization for a copy of Mar-a-Lago's surveillance tapes , a person with knowledge of the matter said. The company complied, turning over the tapes to the government.

"Mr. Trump's lawyers also sifted through his records at Mar-a-Lago to determine whether he still was holding onto anything classified or sensitive. In the course of that process, Mr. Trump's team made statements to the Justice Department about what Mr. Trump had returned.

"But in recent weeks, officials came to question whether that information was entirely accurate — and whether Mr. Trump continued to store sensitive documents at Mar-a-Lago, one of the people said. It is unclear whether the department conveyed that concern to Mr. Trump's team."

MEANWHILE, AT THE WHITE HOUSE — "Biden, trying to tout his policies, faces a familiar intruder: Trump," by WaPo's Matt Viser

POLITICAL VIOLENCE WATCH — The FBI search of Mar-a-Lago has been cast in increasingly apocalyptic terms by Trump's supporters. What is notable about the response is the narrowing gap between the violent rhetoric used on extremist pro-Trump forums and the language used by top Republican office holders.

Extremely ugly in online fringes: "In the minutes after news of the search broke, users on pro-Trump forums like TheDonald, a Reddit-like website that was used to provide logistics before the Capitol riot, urged immediate violence, asking questions like 'When does the shooting start?' and calling upon Trump to summon militias," report NBC News' Ben Collins and Ryan Reilly . "The most popular comment responding to the news, upvoted over 1,200 times, was simply the words 'lock and load.'"

But not much better from elites: "In mainstream GOP quarters, extremism trackers say, the nudges toward violence are more subtle, with statements delegitimizing the government as a 'police state' or a 'banana republic' that must be opposed, starting with the dismantling of federal agencies," WaPo's Hannah Allam reports . "Florida Gov. RON DESANTIS (R) called the search 'the weaponization of federal agencies against the Regime's political opponents.'"

Judge's safety at risk: Predictably, Magistrate Reinhart, the judge who signed the warrant, is being targeted. "Online pro-Trump groups spread his contact information and, as of Tuesday afternoon, the judge's official page was no longer accessible on the court's website," Allam notes.

"I see a rope around his neck," read a comment under a picture of the judge on TheDonald, according to CNN's Donie O'Sullivan . More on Reinhart from Politico's Gary Fineout

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

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ABOUT LAST NIGHT — Our colleagues David Siders, Zach Montellaro and Ally Mutnick have the high-level takeaways from a primary night that, after the Mar-a-Lago search, "appears to have only cemented Donald Trump's standing in the GOP ahead of 2024."

"Republican strategists working for potential rivals to Trump ahead of the next presidential election were already preparing for the likelihood that he could now clear the field ; Republicans across four midterm primary states on Tuesday were rushing to his side. Election deniers had a good night. So did women. But the week belongs to Trump."

What the strategists are saying: "If there was ever a lane for a Trump-y — but not Trump — Republican in the 2024 presidential primary, it now appears to be that much narrower. 'Completely handed him a lifeline,' groused one Republican strategist who advises a potential rival to Trump in 2024. 'Unbelievable … It put everybody in the wagon for Trump again. It's just taken the wind out of everybody's sails.' For any other Trumpian candidate, the strategist said, 'It's over.'"

How Tuesday's Trump-backed candidates fared:

In Wisconsin: "Tim Michels defeats Rebecca Kleefisch, advances to Wisconsin governor's race against Democrat Tony Evers," by the Milwaukee Journal Sentinel's Molly Beck and Corrinne Hess

A chart shows the percentages of votes that each candidate in the Wisconsin GOP gubernatorial primary received.

In Connecticut: "Leora Levy declares surprise victory for U.S. Senate after gaining Trump endorsement," by the Hartford Courant's Christopher Keating

A chart shows the percentages of votes that each candidate in the Connecticut GOP Senate primary received.

Plus, on Tuesday night, six-term Rep. JAIME HERRERA BEUTLER (R-Wash.) officially conceded in her primary, becoming the latest GOP casualty among members who voted to impeach Trump. Trump-backed JOE KENT will take on Dem candidate MARIE GLUESENKAMP PEREZ in November. More from the Seattle Times' Jim Brunner

OMAR SQUEAKS BY — "Rep. Ilhan Omar defeats Don Samuels in Fifth District DFL primary race," by the Star Tribune's Hunter Woodall: "Hovering over the contentious primary was Omar's support for last year's failed Minneapolis ballot question to replace the city's police department with a new public safety agency after GEORGE FLOYD's, and her unsuccessful effort to oust Minneapolis Mayor JACOB FREY by endorsing two of his challengers."

A chart shows the results of Minnesota's 5th Congressional District Democratic primary.

Full results: Connecticut statewide and Connecticut congressional districts Minnesota statewide and Minnesota congressional districts Vermont statewide and Vermont congressional districts Wisconsin statewide and Wisconsin congressional districts

INFLATION NATION NO MORE? — For the first time in two years, e-commerce prices are falling. Oil prices have been dropping for weeks, and commodities costs are easing. Taken together, this trio of economic ease offers an "early sign that the white-hot inflation that has plagued the economy for more than a year could be abating as the Federal Reserve aggressively raises interest rates," Sam Sutton and Victoria Guida write this morning .

 

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PRESIDENT JOE BIDEN'S WEDNESDAY:

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

10 a.m.: Biden will deliver remarks and sign the PACT Act, with Interior Secretary DEB HAALAND, HHS Secretary XAVIER BECERRA, Transportation Secretary PETE BUTTIGIEG, VA Secretary DENIS MCDONOUGH and DHS Secretary ALEJANDRO MAYORKAS in attendance.

12:30 p.m.: The president and first lady JILL BIDEN will depart the White House en route to Charleston, S.C., where they are scheduled to arrive at 2:30 p.m.

VP KAMALA HARRIS' WEDNESDAY (all times Eastern):

9:05 a.m.: The VP will depart D.C. en route to Las Vegas.

2:25 p.m.: Harris will deliver remarks at the United Steelworkers Constitutional Convention.

4:15 p.m.: Harris will hold a roundtable discussion with Nevada state legislators to discuss reproductive health care.

7:15 p.m.: Harris will depart Las Vegas en route to San Francisco.

THE HOUSE is out. The Rules Committee will meet at 2 p.m. to take up the Inflation Reduction Act.

THE SENATE is 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

Anthony Fauci throws out the first pitch before a Seattle Mariners game on Tuesday, Aug. 9, 2022, in Seattle.

Anthony Fauci throws out the first pitch at the Seattle Mariners game against the New York Yankees on Tuesday, Aug. 9, in Seattle. | Ted S. Warren/AP Photo

PLAYBOOK READS

JAN. 6 AND ITS AFTERMATH

FBI TAKES PERRY'S PHONE — Rep. SCOTT PERRY (R-Pa.) said on Tuesday that the FBI has confiscated his cellphone, and blasted the agency for the timing of the seizure just one day after Trump's Mar-a-Lago home was searched. Perry told Fox News' Paul Steinhauser that "while traveling with his family earlier in the day, he was approached by three FBI agents who handed him a warrant and requested that he turn over his cellphone."

THE GEORGIA INVESTIGATION — RUDY GIULIANI was ordered by a Fulton County, Ga. judge to appear in person for testimony on Aug. 17 before the special grand jury investigating Trump's effort to overturn the Georgia election results. More from NYT

CONGRESS

HOW IT HAPPENED — WaPo's Paul Kane is up with a good analysis of CHUCK SCHUMER's leadership style and how it has helped Senate Dems — and Biden — notch a series of legislative wins ahead of the midterms. He's not HARRY REID, and he's not LBJ — and he's done trying to be. "Instead, Schumer is beginning to carve out his own reputation as the courteous and inquisitive majority leader who does not win by punishing wayward Democrats, but instead serves as the cordial collaborator who always keeps his flip phone nearby to start a new discussion toward sealing the deal."

Schumer: "Friendliness — I'm a friendly person. I like people. … I sit on the airplane and I interrogate the person sitting next to me, because I find every human being interesting: Where were you born? What'd your dad do? Where'd you go to high school? How'd you get into this?"

— And HuffPost's Igor Bobic also spoke to Schumer about the long process that got the reconciliation package across the finish line. How did he do it? "I just persist," the majority leader told Bobic. "I don't take no for an answer. If there's a dead end, I find another way to go."

ON THE HUNT — House Republicans have largely thrashed the FBI for what they perceive as a politically motivated search of Mar-a-Lago. But they're already laying the groundwork for a planned investigation into HUNTER BIDEN "designed to ensnare Joe Biden ahead of a potential reelection bid," Jordain Carney writes this morning .

"House Republicans see no contradiction between their suspicion of the FBI's law enforcement activity at Mar-a-Lago and their interest in digging into the business dealings of the president's son and other family members. Oversight of the Bidens, they contend, would counterbalance what they see as a Justice Department where partisanship influences decisions like the probe of 2020 election subversion that's drawing closer to Trump."

SALT IN THE WOUND — "House Democrats concede 'line in sand' over ending SALT cap," by Joseph Spector

 

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ALL POLITICS

TAKE TWO — At their last debate, New York Reps. CAROLYN MALONEY and JERRY NADLER left a little bit of… gray area in their support for Biden's reelection in 2024. But on Tuesday night, they were back on stage and sought to firm up their responses — perhaps a little too much. "I am supporting Joe Biden. He has announced that he is running," Maloney said. More from Joe Anuta in New York

DEMS' DREAMS — In two of the most-watched contests that are expected to decide control of the Senate this fall, Democrats are pinning their hopes on progressives who have voiced support for Medicare for All, are allied with BERNIE SANDERS and have vowed to end the filibuster. The rise of MANDELA BARNES in Wisconsin and JOHN FETTERMAN in Pennsylvania "is an opportunity for the left wing of the party, which has often struggled to flip swing seats and instead found success in ousting Democratic incumbents in deep-blue areas," Holly Otterbein writes this morning . But the gambit comes with risks, too, as some moderates worry the candidates could alienate swing voters.

DEMOCRACY WATCH — "Hunting for Voter Fraud, Conspiracy Theorists Organize 'Stakeouts,'" by NYT's Tiffany Hsu and Stuart Thompson

SURVEY SAYS — The latest POLITICO/Morning Consult poll has some new numbers on IRS-related components of the reconciliation package — and it seems the GOP talking points aren't yet sticking with voters.

— How concerned are you … that the IRS will increase their number of audits due to this funding? Very or somewhat: 44%. Not too or not at all: 56%.

— How concerned are you … about being personally audited by the IRS due to this funding?  Very or somewhat: 24%. Not too or not at all: 76%.

We'll have more from the poll in Playbook PM, but in the meantime: Toplines Crosstabs

AMERICA AND THE WORLD

NEW NUKE DEAL DETAILS — NYT's Michael Crowley, Steven Erlanger and Farnaz Fassihi have the details on two of the key demands that Tehran has dropped as negotiators try to hammer out a retooled Iran nuclear deal. "One is an insistence that the United States remove Iran's Islamic Revolutionary Guards Corps from its official list of foreign terrorist organizations. … The other is an insistence that the Biden administration provide guarantees that a future president will not withdraw from the deal even if Iran upholds its commitments, as Mr. Trump did in 2018."

BEYOND THE BELTWAY

MONKEYPOX LATEST — The FDA on Tuesday issued an emergency use authorization "for health care providers to administer the monkeypox vaccine in a new way intended to stretch the nation's short vaccine supply," Krista Mahr and Katherine Ellen Foley report .

MEDIAWATCH

THE TRUMP-MURDOCH RIFT — There's been reporting in recent weeks that Fox News' appetite for Trump may be waning. Now, CNN's Oliver Darcy reports that privately LACHLAN MURDOCH has admitted he isn't such a fan of the former president. "In private this year … Murdoch has gone so far as to tell people that he believes if Trump were to run again, it would be bad for the country, I'm told. But, the sources added, Murdoch has also noted that the Fox News audience continues to support Trump."

 

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

Andrea Mitchell is involved in a very D.C. dispute over through traffic and sidewalks in her Palisades neighborhood.

Howard Kohr, AIPAC's CEO, said "I'd have to think about that," when asked by WaPo's Dave Weigel about whether there is "anything that a candidate who supports Israel could support that would rule them out for AIPAC's support?"

The Capitol stones are being removed from their semi-secret location in Rock Creek Park, making D.C. just a little less interesting.

SNEAK PEEK — We got an early look at the trailer for "THE U.S. AND THE HOLOCAUST," a new three-part documentary directed and produced by Ken Burns, Lynn Novick and Sarah Botstein that "explores America's response to one of the greatest humanitarian crises in history." It's set to premiere at 8 p.m. on Sunday, Sept. 18. Watch the 1-minute trailer here

A screenshot of a new documentary by Ken Burns, Lynn Novick and Sarah Botstein titled

FIRST IN PLAYBOOK — Michael Fuchs will be a special adviser at the Open Society Foundations. He most recently worked at the White House as special assistant to the president and deputy chief of staff to the VP.

Sophie Vaughan is now a principal on the comms team at Precision Strategies. She previously was a campaign manager for Ajwang for Congress, and is a Be A Hero PAC, Amy McGrath and Hearst Connecticut Media Group alum.

MEDIA MOVE — Christian Hall is joining Bloomberg as a national politics reporter. He previously was a reporter at Punchbowl.

TRANSITIONS — Brian Mosteller is now senior adviser for the U.S. ambassador to Japan. He most recently provided advisory services for high-profile clients, including Mark Zuckerberg, and is an Obama alum. … Amy Spitalnick is joining Bend the Arc: Jewish Action as CEO. She previously was executive director of Integrity First for America. … David Carter is now manager of regulatory affairs at Lucid Motors. He previously was a transportation policy analyst at the Department of Transportation.

ENGAGED — Ryan Hofmann, a policy adviser for the House Republican Conference, proposed to Molly Schwall, a senior specialist at Bain & Company, on Sunday afternoon at Barboursville Vineyards. Pic Another pic

HAPPY BIRTHDAY: Rep. Andy Levin (D-Mich.) … CBS' Nancy CordesAndrew Sullivan … POLITICO's Alex ThompsonKevin McAlisterJim BradyJessica WehrmanSarah Bryant BurnsSarah Kyle of Eli Lilly … Joshua Karp Tony Hernandez of Sen. Catherine Cortez Masto's (D-Nev.) office … Justin Jenkins of Sen. Mark Kelly's (D-Ariz.) reelect … Sarah Weinstein of Sen. Jeanne Shaheen's (D-N.H.) office … CNN's Alex Marquardt and Susie XuJohn Dunagan of Highland Advocacy Group … BuzzFeed's Lissandra Villa … DOT's Casey Clemmons … Invariant's Ben Klein, Noah Kowalski and Noah Marine … ACLU's Ally HarpootlianJohn McManus of the McManus Group … Chirag ShahDavid FormanNeha Jain … DTE Energy's Andy CoulourisRobert CoganArnold PunaroMatthew MacWilliamsGenevieve Glatsky … Fox News' Houston Keene Clarissa Rojas of Rep. Antonio Cárdenas' (D-Calif.) office … Chris Hansen

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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.

Correction: Monday's Playbook misstated the name of the agency Trump suggested he was continuing to work with. It is the National Archives and Records Administration, or NARA.

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