| | | | |  | | By Ryan Lizza and Eugene Daniels | | | With help from Eli Okun and Garrett Ross
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The Department of Justice said on Thursday that it will likely move forward with an appeal of Judge Aileen Cannon's recent decision halting DOJ's criminal investigation and appointing a special master. | Kevin Dietsch/Getty Images | | | | |  | DRIVING THE DAY | | FIRST IN PLAYBOOK — In her first major network sit-down interview since July 10, VP KAMALA HARRIS will be on NBC's "Meet the Press" on Sunday. The interview will be pre-taped at NASA's Johnson Space Center in Houston, Texas. We're told topics will include Russia's invasion of Ukraine, the midterm elections, abortion rights and the state of democracy. DOJ TO TRUMP: YOU CAN HAVE YOUR STUFF BACK, BUT NOT OUR STUFF — As expected, the Justice Department said on Thursday that it will likely move forward with an appeal of Judge AILEEN CANNON's recent decision largely blocking DOJ's use of materials seized at Mar-a-Lago and appointing a special master. But in the meantime, the government tried a new approach to convince Cannon to rethink her recent decision. Imagine that someone allegedly stole a sack of diamonds from a jewelry shop and then stashed the gems in junk drawers around their house. The cops raid the place, take away everything in the drawers where they find stolen diamonds, and spend two weeks separating them from the junk. Then a judge comes along and says that the big issue in the case isn't the stolen diamonds but that the cops still have some of the alleged thief's personal belongings. She halts the heist investigation until an outside expert can sort the gems from the junk. The government thinks the judge's decision is absurd — no other suspect has received this special treatment — but they offer the judge a compromise: let us keep all of the diamonds, and we'll return all of the alleged thief's junk, even a few cheap watches that they think he might have swiped from the store. In a 21-page filing yesterday, that is essentially the deal DOJ offered Cannon: The government would get to hold onto and continue to use the 100 classified documents found at Mar-a-Lago, material that Justice lawyers noted "indisputably belong to the government, not Plaintiff," and they'll give DONALD TRUMP "copies of all unclassified documents recovered during the search — both personal records and government records" and return Trump's "personal items that were not commingled with classified records." (The details of that plan will be spelled out in a filing today.) DOJ offered Cannon three arguments for why she should accept the deal: 1. If she doesn't, DOJ will prevail in its appeal anyway, because no court could possibly conclude that Trump owns the 100 classified records, has a right to have them back or has any attorney-client or executive privilege claims that would prevent prosecutors from using them in their criminal investigation. 2. The judge's order has threatened national security. The court's ban on DOJ's use of the records, the government said, has stymied the intelligence community's "national security risk assessment of the possible unauthorized disclosure of the classified records and any harm that may have resulted" because the intelligence assessment is "inextricably linked" with the FBI's criminal investigation. Cannon herself said she wanted that review to continue but the IC can't do it without the cooperation of the FBI, which she seemingly banned from the process. The key here is that the IC needs to know if the classified documents "may have been accessed by others and compromised," which is precisely what the FBI is investigating in its criminal probe. 3. Excluding the 100 classified documents from the special master process will cause no harm to Trump. The offer to Cannon presents her with a difficult choice. Her opinion was criticized for failing to fully grapple with the government's argument that Trump doesn't own the classified documents he stored at Mar-a-Lago. She lumped all of the seized property together as potentially Trump's, and gave enormous weight to the argument that any of the documents seized could potentially be subject to privilege claims. She was essentially saying that DOJ couldn't be trusted and that the special master should sort things out. From what we've seen so far, our bet is that Cannon doesn't accept this deal outright. Doing so would require her to reverse arguments that she's already made about potential privilege claims and her (widely criticized) position that Trump could suffer irreparable harm from the investigation itself. What might be more difficult for her to ignore is the government's new argument (number two above) that her order has halted the IC's review and thus has serious national security implications. Either way, this is an aggressive move by Justice. They are going forward with an appeal, despite the risk of cementing an awful precedent or getting an even worse ruling from an appeals court dominated by Trump appointees, and they are daring Cannon to double down on arguments that legal analysts on the right and left have scoffed at. On Thursday evening, Cannon asked Trump's lawyers to respond to the new DOJ filing by Monday. Happy Friday. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
| | | | A message from Campaign for Tobacco-Free Kids: FDA misses deadlines as flavored e-cigs hook more kids.
The FDA has missed deadline after deadline to protect our kids from nicotine-loaded flavored e-cigarettes. This week marks one year since a court-ordered deadline for the FDA to take action, but addictive flavored vapes are still on the market.
Learn more about how FDA delays put kids' health at risk. | | | THE PLAYBOOK INTERVIEW: KARA SWISHER — This week, Ryan sits down with the longtime tech journalist and podcast host after what she says will be her last time organizing and hosting the Code conference, her annual gathering of big names in tech and politics. The reaction to people who have listened to the unedited version of this week's show has been thrilling, and we think Playbook readers will love this episode of Deep Dive.
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| On Wednesday evening, Kara stood up in the ballroom at the Beverly Hilton, gave a tearful farewell to Code and read some famous remarks about dying by STEVE JOBS . She and Ryan spoke a couple of hours later in a suite at the event's famous late-night poker party. It ended up not really being a conversation about tech and politics, but one about navigating careers, mentoring friends, the difference between journalistic skepticism and cynicism, and what death can teach us about learning to say no. Listen here … and subscribe on Apple Podcasts or Spotify
| | | | A message from Campaign for Tobacco-Free Kids:   | | | | | PRESIDENT JOE BIDEN'S FRIDAY:
8:30 a.m.: The president will receive the President's Daily Brief.
9 a.m.: Biden will depart the White House en route to Columbus, Ohio, where he is scheduled to arrive at 10:30 a.m.
12:15 p.m.: Biden will deliver remarks on the CHIPS and Science Act at a groundbreaking ceremony for an Intel facility.
1:35 p.m.: Biden will depart Columbus en route to Wilmington, Del., where he is scheduled to arrive at 3:20 p.m.
Press secretary KARINE JEAN-PIERRE will gaggle aboard Air Force One en route to Columbus.
HARRIS' FRIDAY (all times Eastern):
10:55 a.m.: The VP will speak with astronauts who are on the International Space Station at the NASA Johnson Space Center.
2:20 p.m.: Harris will chair her second National Space Council meeting.
4:40 p.m.: Harris will depart Houston, Texas, to return to D.C.
THE SENATE and HOUSE 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
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The U.S. flag flies at half-staff at the Capitol in honor of Queen Elizabeth II's death on Thursday, Sept. 8. | Jacquelyn Martin/AP Photo | | | PLAYBOOK READS | | THE DEATH OF QUEEN ELIZABETH II THE ANNOUNCEMENT — Video of the moment the BBC broke the news THE OBITS — BBC: "Obituary: Queen Elizabeth II" … The Times of London: "Queen Elizabeth II, 1926-2022" … NYT: "Queen Elizabeth II Dies at 96; Was Britain's Longest-Reigning Monarch" WHAT COMES NEXT — AP: "After a lifetime of preparation, Charles takes the throne" … The Times of London: "King Charles III to address a nation in mourning" BIG-PICTURE RETROSPECTIVE — "The Britain That Queen Elizabeth Leaves Behind," by The Atlantic's Helen Lewis: "She was six weeks older than MARILYN MONROE, three years older than ANNE FRANK, nine years older than ELVIS PRESLEY — all figures of the unreachable past. She was older than nylon, Scotch tape, and The Hobbit. She was old enough to have trained as an army driver and mechanic in the last months of the Second World War." FOOD FOR THOUGHT — "King Charles is Too Political for the USA," by Ella Creamer for POLITICO Magazine: "Queen Elizabeth II was much beloved for her apolitical marshmallow diplomacy. Her very outspoken son will have his work cut out for him." CLICKER — "Queen Elizabeth Meets the Presidents," POLITICO Magazine CONGRESS THE LATEST WHIP COUNT — "Same-sex marriage bill teeters on verge of GOP filibuster," by Marianne LeVine: "Only three GOP senators are firmly backing the bill and it's far from clear, despite expectations of success, that a total of 10 will emerge. Right now no one knows 'the exact answer' to whether the same-sex marriage measure can overcome a filibuster, Minority Whip JOHN THUNE (R-S.D.) said Thursday, adding that GOP leadership has yet to formally count the votes. He signaled where he's leaning: 'If it's what I think it's going to be, I'm probably a no.'" ALL POLITICS IN THE CLUB HOUSE — The on-again-off-again relationship between Donald Trump and the Club for Growth has spanned nearly six years. But now, the influential conservative group appears to be done as it searches for a new standard-bearer to champion in 2024, Alex Isenstadt reports this morning . "The deep-pocketed conservative group is holding events with would-be 2024 contenders and funneling millions of dollars to political outfits aligned with other candidates. The Club for Growth has also conducted polling looking at how Florida Gov. RON DeSANTIS — widely seen as the party's leading non-Trump contender — would stack up against the former president in a Republican primary." FLIPPING THE SCRIPT — "How Democrats gained the upper hand on God, guns and gays," by David Siders FAMILY FEUD — Senate Republicans are trying to quash any beef between Senate Majority Leader MITCH McCONNELL and NRSC Chair RICK SCOTT as they turn their full attention toward flipping the chamber this November, WSJ's Lindsay Wise and Natalie Andrews write. "I think we all want the same thing. We want to get the majority back," Sen. JOHN CORNYN (R-Texas) told them. Meanwhile, Scott did not change his tone in a memo to NRSC backers on Thursday: "As is predictable for this time of year, the vultures in the left-wing news media … are roaming about trying to divide and defeat Republicans. As always, they are being aided by the typical Washington 'anonymous sources' whose cowardice is only exceeded by their ignorance. … [A]ny so-called Republican who aids and abets the enemy is in fact trying to defeat Republican candidates and is a traitor to our cause. But these small people will not win." Read the full memo, via Alex Isenstadt ENDORSEMENT WATCH — "Trump still neutral, but Gov. Sununu endorses in New Hampshire GOP Senate primary," by Fox News' Paul Steinhauser BACK IN BUSINESS — The PETER THIEL -backed Saving Arizona super PAC that helped clinch BLAKE MASTERS' nomination in the Arizona Senate race is firing up again, launching its first TV ad for Masters since the primary. "This time, however, it's without Thiel's money," Natalie Allison reports. "Saving Arizona has taken out a $1.5 million broadcast television ad buy in Phoenix, set to run over the next two weeks. The ad, first obtained by POLITICO, compares Masters and Democratic Sen. MARK KELLY, attacking Kelly for his votes on immigration and energy issues." MUTINY IN S.C. — South Carolina Dems are calling on their own candidate in the Senate race — state Rep. KRYSTLE MATTHEWS — to shut down her campaign after leaked audio recorded by conservative activist group Project Veritas appeared to show her making "disparaging remarks about her constituents," AP's Meg Kinnard reports. THIS IS CONCERNING — "'Absolutely terrifying prospect': How the midterms could weaken U.S. election security," by Eric Geller MAR-A-LAGO FALLOUT RUBIO'S MAR-A-LAGO TIGHTROPE ACT — For Sen. MARCO RUBIO, Florida's senior senator, the Mar-a-Lago fiasco has put him in a tricky spot as he is caught between defending Trump and facing down a midterm challenge from Rep. VAL DEMINGS (D-Fla.), Andrew Desiderio writes this morning. "As polls show his reelection race getting tighter, Marco Rubio is treading carefully when it comes to the investigation into Trump's handling of classified documents. That's because, while the former president remains popular among Florida GOP voters, Rubio is also the top Republican on the Senate Intelligence Committee — a historically bipartisan panel with jurisdiction over the potential national security risks stemming from Trump's possession of top-secret documents." THE WHITE HOUSE BIDEN'S MIDTERM MESSAGE — "Biden leans into abortion rights in speech to Democratic activists," by Olivia Olander and Christopher Cadelago WEDDING BELLS — Our colleagues Alex Thompson and Max Tani over on West Wing Playbook have some new details about the White House wedding for NAOMI BIDEN, the president's eldest granddaughter: The Bidens have "brought on longtime event planner and Democratic party fundraiser BRYAN RAFANELLI to orchestrate" the November festivities. Rafanelli is no stranger to high-profile political affairs, having planned CHELSEA CLINTON's 2010 wedding in New York and doing work for the Obama White House. But the pressure is on: This will be the first White House wedding since 1971, when RICHARD NIXON's daughter TRICIA was married. Subscribe to West Wing Playbook here JAN. 6 AND ITS AFTERMATH TALK OF THIS TOWN — Michael Schaffer pens his latest for POLITICO Magazine: "Is Election Denial a Big Deal? Judging By Some Obits, Not Really" ABORTION FALLOUT IN THE STATES … — Michigan: "Michigan Supreme Court: Abortion amendment must appear on ballot," by Detroit Free Press' Dave Boucher — South Carolina: "SC Senate lacks votes for a near-total abortion ban, sticks with 6-week law," by the Post and Courier's Seanna Adcox WAR IN UKRAINE THE 30,000-FOOT VIEW — "Biden's foreign policy legacy is on the line in Ukraine. Can he see it through?" by Jonathan Lemire and Alexander Ward MORE AID ON THE WAY — Defense Secretary LLOYD AUSTIN announced on Thursday that the U.S. will send "an additional $675 million in military supplies to Ukraine," NYT's John Ismay writes. — Related read: "As he arms Ukraine, Biden readies new weapon pipelines for Eastern Europe," by Paul McLeary and Lara Seligman
| | | | 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. | | | | | TRUMP CARDS FOR THOSE KEEPING TRACK — "Trump Media Merger Gives Itself Another Month to Scramble for Shareholder Votes," NYT: "Digital World Acquisition adjourned by a month an important shareholder meeting after it came up short in votes supporting a one-year extension for the deal." POLICY CORNER IMMIGRATION FILES — "D.C. mayor declares public emergency over busloads of migrants," The Hill THIS WOULD BE BIG — "White House renews call to 'remove' Section 230 liability shield," by Rebecca Kern MORE PER ASPERA THAN AD ASTRA — "NASA Looks for Third Attempt of Artemis Moon Rocket Launch Later This Month," WSJ BEYOND THE BELTWAY ONE TO WATCH — The Assembly's Anne Blythe has an explosive report detailing a lawsuit alleging that EPA Administrator MICHAEL REGAN tried to cover up allegations that one of his deputies used racist language during his tenure as head of the North Carolina Department of Environmental Quality, and fired a former DEQ employee in retaliation. Her whistleblower lawsuit has not been previously reported. For the record: "An EPA spokesperson referred the matter to the North Carolina Attorney General's office, which filed the state's response to the lawsuit. A spokesperson for the office declined comment because the lawsuit is pending." THE LATEST FROM VEGAS — "Police: DNA of public administrator found at scene of reporter's killing," by the Las Vegas Review-Journal's Sabrina Schnur VALLEY TALK MOVE FAST AND BREAK THINGS — "Facebook Parent Meta Platforms Cuts Responsible Innovation Team," WSJ TV TONIGHT — PBS' "Washington Week": Amy Walter, Nia-Malika Henderson Devlin Barrett and Dasha Burns. SUNDAY SO FAR … CBS "Face the Nation": Sen. Mark Warner (D-Va.) … Jackson, Miss., Mayor Chokwe Antar Lumumba … retired Gen. Frank McKenzie. FOX "Fox News Sunday": Sen. Tim Scott (R-S.C.) … Andy Pettitte. Panel: Mollie Hemingway, Peter Doocy, Jonathan Swan and Juan Williams. ABC "This Week": Panel: Chris Christie, Donna Brazile, Mary Jordan and David Sanger. CNN "Inside Politics": Panel: Paul Kane, Jeremy Diamond and Eva McKend. NBC "Meet the Press": Panel: Yamiche Alcindor, Matt Gorman, Claire McCaskill and Amy Walter.
| | | | A message from Campaign for Tobacco-Free Kids:   | | | | | PLAYBOOKERS | | King Charles III apparently did not think much of the personalized copy of the Senate rule book he was gifted during a Washington visit in 1970. David Shor, the Democratic data cruncher, threw one last Burning Man-style party before the start of election season. Robert McCurdy and Sharon Sprung — the artists behind the Obama portraits — get a profile by WaPo. Sonia Sotomayor visited the Bronx for a bronze statue unveiling in her home community. James Corden revealed that he stole bathroom napkins from the White House. SPOTTED at a a birthday celebration for Shawn McCreesh at Trinity Pub in New York City on Wednesday night: Katie Benner, Molly Jong-Fast, Noah Shachtman, Michael Grynbaum, John Ortved, Carl Swanson, Justin Miller, Brock Colyar, Lachlan Cartwright, Elisabeth Gaber-Paul, Adam Rathe, Emilio Madrid, Alex Levy, Maxwell Young, Ben Schiller, and Agnieska Pilat (who was accompanied by a Boston Dynamics SPOT robot dog). SPOTTED at a Bowties and Goodbyes farewell party for outgoing White House Office of Public Engagement senior adviser Trey Baker at the Thurman Arnold Building rooftop in downtown D.C. on Thursday: Billy Martin, Melanie Campbell, Heather Foster, John McCarthy, Kamau Marshall, Deane Millison, Michael Leach, Laura Jimenez, Reggie Greer, Stacy Eichner, Vince Evans, Clarence Wardell, Erica Loewe and Erika Dinkel-Smith. There was also a video presentation from Rep. Bennie Thompson (D-Miss.), and Baker's mother read a letter that was sent to her by Biden. FIRST IN PLAYBOOK — Mitchell Rosenberg is now associate director of special projects and personal aide for second gentleman Doug Emhoff's office. He previously was assistant legislative deputy for California Gov. Gavin Newsom. — Colum Lynch is joining Devex as senior global correspondent. He most recently was a senior diplomatic reporter for Foreign Policy and is a WaPo and Boston Globe alum. WHITE HOUSE ARRIVAL LOUNGE — Grace Liljenwall is now special assistant to the White House counsel. She most recently was a government affairs intern at the National Multifamily Housing Council and is a Joaquin Castro, Filemon Vela and Biden-Harris transition alum. — Mitchell Rosenberg has joined the office of Second Gentleman Douglas Emhoff as Associate Director of Special Projects & Personal Aide. He was previously Assistant Legislative Deputy for Governor Gavin Newsom. USAID ARRIVAL LOUNGE — David Walton is now U.S. global malaria coordinator for the president's malaria initiative led by USAID. He most recently was senior director of global health at Butterfly Network, is a doctor at Brigham and Women's Hospital and also co-founded and was the CEO of Build Health International. He's also an instructor of medicine at Harvard Medical School. TRANSITIONS — Paige Mihalik will be director of advocacy at the Children's Hospital Association. She previously was director of political and digital affairs at the Federation of American Hospitals. … Brian Santo will be chief legal officer and chief compliance officer at Viimed. He previously was associate general counsel and compliance manager at the National Committee for Quality Assurance. HAPPY BIRTHDAY: Sen. Chris Coons (D-Del.) … Matt Bai … Rolling Stone's Kara Voght ... HuffPost's Jonathan Cohn … David Freedlander … CAP's Glen Fukushima … AP's Matt Lee … Cincinnati Mayor Aftab Pureval (4-0) … Cherie Harder of the Trinity Forum … Rachel Rizzo … Henrique Ferreira of Sen. Cory Booker's (D-N.J.) office ... Dan Brandt of Sen. Pat Toomey's (R-Pa.) office … Ron Dotzauer ... Ken Lieberthal … Daniel Pipes … Bridget Hagan of Mindset … Laura Cash … Aimee Steel Lubin of Holland & Knight … Brian Wommack of the Council for Responsible Nutrition … Breitbart's Matt Boyle ... DOJ's Michael Harper … Eric Draper … J. Arthur Bloom … Dwayne Carson ... former Reps. Glenn Nye (D-Va.) and Buck McKeon (R-Calif.) … Katelyn Israelski ... Tara Setmayer Love ... Nawaid Ladak of Rep. Eddie Bernice Johnson's (D-Texas) office ... Vanessa Oblinger-Santos ... Diego Sánchez Gallardo ... Katharine Fegley of Rep. Elaine Luria's (D-Va.) reelect Did someone forward this email to you? Sign up here. 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 and producers Setota Hailemariam and Bethany Irvine.
| | | | A message from Campaign for Tobacco-Free Kids: Kids can't ignore deadlines. Neither should the FDA.
When kids miss deadlines for assignments, they face consequences. But the FDA has repeatedly missed deadlines to protect kids from flavored e-cigarettes, defying Congress and courts.
First, the FDA missed a court-ordered deadline to decide what e-cigarettes can stay on the market. Then the FDA missed a deadline set by Congress to clear the market of unauthorized – and illegal – synthetic nicotine products, including vape brands popular with kids.
The agency's dangerous inaction lets tobacco companies hook more kids with flavored e-cigarettes.
To protect our kids, the FDA must end the delays and eliminate all flavored e-cigarettes now. | | | | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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