| | | | |  | | By Eli Okun | | | |  "I don't understand the connection between the opinions people disagree with and the legitimacy of the Supreme Court," Chief Justice John Roberts said. | Matt Rourke, File/AP Photo | |  | DRIVING THE DAY | | THE CHIEF SPEAKS — The Supreme Court will finally reopen oral arguments to the public this fall after closing its doors during the pandemic, Chief Justice JOHN ROBERTS said Friday. Roberts made the announcement at a judicial conference in Colorado on Friday night, where he also defended a high court under sustained political assault. "The court has always decided controversial cases and decisions have always been subject to intense criticism, and that is entirely appropriate," he said, per The Gazette's Michael Karlik in Colorado Springs. "But I don't understand the connection between the opinions people disagree with and the legitimacy of the Supreme Court." His comments came as VP KAMALA HARRIS stepped up her criticism of SCOTUS, via an advance excerpt of her "Meet the Press" interview with NBC's Chuck Todd: "I think this is an activist court … This court took that constitutional right [to abortion] away, and we are suffering as a nation because of it." MASTER OF HIS FATE — Elsewhere in the judiciary, the Justice Department and DONALD TRUMP's legal team sent their joint filing Friday to U.S. District Judge AILEEN CANNON to lay out their proposals for a special master's review of the documents seized at Mar-a-Lago. While it may have technically been a joint submission, the filing exposed numerous clashes between the parties. The two sides not only offered dueling slates of potential special masters; they also clashed over a bevy of details about how that person will operate. Read it here — Scope: Government lawyers think the special master should be limited to unclassified documents seized from Mar-a-Lago and shouldn't weigh in on questions of executive privilege. (There are about 100 documents marked with classified labeling.) They also want National Archives officials to be involved. Trump's legal team pushed for a much broader remit for the special master, looking through all materials that were taken and filtering for both attorney-client and executive privilege. They want the Archives left out. — Timing: The Justice Department wants the special master's review wrapped up by Oct. 17. Trump's lawyers suggested a 90-day timetable, stretching into December. — Payment: DOJ called for Trump, who requested the special master, to bear the financial burden. His team wants the costs to be split evenly between the former president and taxpayers.
| | | | 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. | | | And then there are the special master candidates themselves, of course. Each side offered up two possibilities. CNN breaks them all down — The DOJ picks: THOMAS GRIFFITH, a retired D.C. Circuit Court of Appeals judge appointed by GEORGE W. BUSH, and BARBARA JONES, a retired federal judge appointed by BILL CLINTON who has served as special master in multiple recent high-profile cases. — The Trump picks: RAYMOND DEARIE, a retired federal judge appointed by RONALD REAGAN who notably approved the wiretapping of CARTER PAGE, and PAUL HUCK JR., a Jones Day alum now at his own law firm with ties to Trump world. Huck is married to BARBARA LAGOA, who was on Trump's SCOTUS consideration list. What comes next: Cannon will make the ultimate call on the special master appointment and scope (although a fire-making challenge for the final four would be more fun). But the two sides' disagreement isn't final yet: They wrote that they'll file anew with views on each other's candidates by Monday. "Notably, in the Friday night filing, Trump's attorneys once again did not echo Trump's claim that he had declassified any of the materials he possessed at Mar-a-Lago," Kyle Cheney and Josh Gerstein point out. Good Saturday 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.
| | | | A message from Campaign for Tobacco-Free Kids:   | | | BREAKING THIS MORNING — Ukrainian forces reached the key city of Kupiansk in their surprise counteroffensive to retake territory in the country's northeast, a major development that could cut off thousands of Russian troops and scramble Moscow's supply lines. "[A] collapse in Russia's frontline threatened to turn into a rout," Reuters' Max Hunder and Vitalii Hnidyi write. PRESIDENT JOE BIDEN'S SATURDAY — The president has nothing on his public schedule. HARRIS' SATURDAY — The VP will speak at the DNC summer meeting at 1 p.m. at the Gaylord National Resort and Convention Center in National Harbor, Md.
| | | PHOTO OF THE DAY
|  Pentagon employees observe a moment of silence Friday ahead of this weekend's 21st anniversary of Sept. 11. | Alex Wong/Getty Images | | | PLAYBOOK READS | | 9 THINGS THAT STUCK WITH US 1. WHETHER PERMITTING: Seventy-two House Democrats said in a letter Friday that they oppose attaching Sen. JOE MANCHIN's (D-W.Va.) energy permitting reforms to the must-pass stopgap government funding resolution. Most, though not all, are progressives; they cited concerns about the reforms' effects on low-income communities and people of color. That could set up a clash with party leaders, who plan to link the two bills — though notably, the lawmakers did not say outright that they'd vote against the CR if it has permitting attached. Senate climate hawks are mostly backing the permitting bill, but a House Democratic revolt could also force leaders to depend on GOP votes. More from Roll Call … The letter 2. THE REFUGEE CAP: The Biden administration will limit new refugee admissions to 125,000 in the next fiscal year, the same cap that it had set for this year, CNN's Priscilla Alvarez reports. Though it's a high ceiling, the U.S. has fallen way short in the current fiscal year, admitting fewer than 20,000 as of the end of August. (That number doesn't include many Afghans and Ukrainians who have come through other routes, though.) The country's refugee infrastructure has been in rebuilding mode after it took hits from the pandemic and the Trump administration's efforts to dismantle it. 3. THE INVESTIGATIONS: Federal investigators' grand jury subpoenaed top Trump White House figures STEPHEN MILLER and BRIAN JACK this week, NYT's Maggie Haberman, Adam Goldman and Alan Feuer report . The subpoenas are tied to probes into the Save America PAC, fundraising and the fake electors scheme to subvert the 2020 election. Miller and Jack were two of more than a dozen people subpoenaed this week, including both senior and low-level officials in the Trump White House or campaign. — "Georgia probe into Trump examines chaplain's role in election meddling," by Reuters' Linda So, Jason Szep and Peter Eisler in Atlanta: "[STEVE] LEE played a central role in a failed effort to pressure [RUBY] FREEMAN to admit to an election fraud that never occurred … The investigation by the Fulton County District Attorney's office is examining Lee's coordination with [ HARRISON] FLOYD and [TREVIAN] KUTTI as Trump's campaign was desperately seeking evidence of vote-rigging to justify overturning his election loss." 4. JACKSON LATEST: The EPA inspector general's office is investigating the water crisis in Jackson, Miss., NBC's Laura Strickler, Bracey Harris and Phil McCausland scooped. Staffers arrived in the city last week to commence a thorough review. News that the federal watchdog is already on the scene evokes memories of its investigation in Flint, Mich. "The inspector general's Jackson review will start with conversations with local, state and federal players who have a role in overseeing the public resources dedicated to ensuring residents have clean water." 5. BATTLE FOR THE SENATE: Stop us if you've heard this before: Republicans are worried that their Senate nominee in a swing state spent the summer far too quiet on the campaign trail while a Democratic opponent barnstormed the state and the airwaves. The dynamic is playing out in North Carolina, where Reuters' Andy Sullivan and Jarrett Renshaw report that Rep. TED BUDD's campaign has been more private fundraisers than TV ads. "Seven Republican strategists said in interviews that they are concerned that Budd is not doing enough to court independent voters." Though Budd is still favored over CHERI BEASLEY, some strategists said it's closer than expected and Budd will have to depend on outside money down the stretch. — In Pennsylvania, MEHMET OZ's aggressive recent attacks on Lt. Gov. JOHN FETTERMAN, particularly around his health, amount to "a strategy some Republicans see as a course correction for a floundering campaign," WaPo's Colby Itkowitz reports from Springfield. Oz said Friday on Fox News that Fetterman's public image doesn't correspond to the real man: The media is "manufacturing a candidate, literally a hologram — this fictional person that they want their readership to adore." The medical question: With Fetterman's stroke recovery an open topic of debate in the race, ABC's Will McDuffie asked neurologists for their expertise. The takeaway: "[S]troke victims' speech difficulties are not indicative of their cognitive abilities at work," though doctors were reluctant to comment on someone they haven't treated. 6. ON (AND OFF) THE BALLOT: After the massive Kansas vote and the news that Michiganders will take up abortion rights directly on the ballot in November, ballot measures are emerging as an increasingly popular way for Democrats to protect the measure and turn out voters, NYT's Jonathan Weisman and Nick Corasaniti report. California, Kentucky, Montana and Vermont will also have abortion referendums this fall, but advocates are eyeing Missouri, Oklahoma, Iowa and perhaps even Arizona and Florida for 2024. But, but, but: Republican state legislators want to make such ballot initiatives less likely to succeed, pushing changes that would make it harder for voters to protect abortion rights and other progressive priorities, Megan Messerly, Alice Miranda Ollstein and Zach Montellaro report . This fall, Arizona and Arkansas will vote on constitutional amendments that would force ballot initiatives to pass with 60%, not 50%. A bevy of other red states — including some conservative courts — are making or considering similar restrictions. "Some progressives worry they could lose one of their last remaining tools to defend or advance abortion rights in a post-Roe country."
| | | | A message from Campaign for Tobacco-Free Kids:   | | | 7. INSIDE THE MASTRIANO CAMPAIGN: "Doug Mastriano's security bubble insulates him from prying eyes and dissenting views," by the Philly Inquirer's William Bender and Chris Brennan: "As he tours the Commonwealth, Mastriano has essentially walled himself off from the general public, traveling within a bubble of security guards and jittery aides who aim to not only keep him safe, but ensure he only comes into contact with true believers. … [D]issent is squelched. Questions are neither asked nor answered. Paranoia is rampant." 8. PRIMARY COLORS: NYT's Annie Karni dives into the fierce New Hampshire GOP congressional primary next week between MATT MOWERS and KAROLINE LEAVITT, both strongly MAGA Trump administration alums divided principally by tone (Mowers more cautious, Leavitt more pugnacious). Mowers was the early frontrunner, but Leavitt's "success at turning the primary into a neck-and-neck competition has underscored how in the current Republican Party, fealty to Mr. Trump is not always enough on its own to sway voters. What increasingly matters is a willingness to mimic his tactics, by adopting inflammatory language and making the most incendiary statements possible." 9. TRICKS OF THE TRADE: "U.S., Asia-Pacific Partners Take Early Step on Trade," by WSJ's Andrew Duehren: "In meetings in Los Angeles this week, officials kicked off meetings under the Indo-Pacific Economic Framework, a platform advanced by the Biden administration to counter China's influence in the region. The talks centered around defining objectives under the platform's four pillars: trade, supply chains, clean energy and anticorruption. … India didn't sign on to the trade pillar of the agreement." CLICKER — "The nation's cartoonists on the week in politics," edited by Matt Wuerker — 15 keepers
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Bok - Creators | GREAT WEEKEND READS, curated by Ryan Lizza: — "The Short, Unhappy Life of Elizabeth Windsor," by Otto English in POLITICO: "To provide the United Kingdom with the monarch she felt it needed, Queen Elizabeth II sacrificed an ordinary life and the other things most of us take for granted." — "The Man Who Chased History," by The Atlantic's Franklin Foer: "The Ukrainian journalist Sergii Leshchenko has a nose for a story and a knack for being in the right place at the right time. I wanted to see the war through his eyes." — "The super-rich 'preppers' planning to save themselves from the apocalypse," by Douglas Rushkoff in The Observer: "Tech billionaires are buying up luxurious bunkers and hiring military security to survive a societal collapse they helped create, but like everything they do, it has unintended consequences." — "The Mushrooms That Ate Luke Perry," by Casey Lyons in Orion magazine: "When actor Luke Perry died in 2019, he was buried in a compostable mushroom suit. The only problem: it didn't work." — "Would You Ditch All This Chaos for a Country in the Cloud?" by Wired's Anthony Lydgate: "Balaji Srinivasan—technologist, investor, prophet, troll—says let the old world sink. Find your tribe and build your bespoke society, or get left behind." — "'These Kids Are Dying' — Inside the Overdose Crisis Sweeping Fort Bragg," by Rolling Stone's Seth Harp: "A staggering total of 109 soldiers assigned to Fort Bragg died in 2020 and 2021. Dozens have lost their lives there to drug overdoses. Now, their families are demanding answers — and accountability." — "Daring to Speak Up About Race in a Divided School District," by Daniel Bergner in the NYT Magazine: "What happened when a superintendent in northern Michigan raised the issue of systemic racism?" — "An ex-professor spreads election myths across the U.S., one town at a time," by WaPo's Annie Gowen: "David Clements is traveling the country trying to convince local leaders to withhold certification of election results. If he succeeds, it could cause chaos." — "The Rise of Nayib Bukele, El Salvador's Authoritarian President," by The New Yorker's Jonathan Blitzer: "The budding strongman has ridden Bitcoin schemes and a repressive crackdown on gangs to become Latin America's most popular leader." — From the archives: "The Uncommon Reader," by Alan Bennett in the London Review of Books, March 2007.
| | | | | PLAYBOOKERS | | Janet Yellen isn't ruling out Matthew Yglesias' pour-over coffee idea. Yellen also hosted the cast of "Hamilton" for a visit at the Treasury Department. Barack Obama talked to the Harvard men's basketball team about "hitching your wagon to something bigger than yourself." Andrea Mitchell shone the spotlight on longtime producer Michelle Perry. FIRST IN PLAYBOOK — Shannon Bream is taking over hosting duties for "Fox News Sunday" this weekend, marking the first time in 26 years that the show has been hosted by a woman. We asked Bream how she's approaching the milestone ahead of her debut: "I'm grateful for the female pioneers in the world of journalism who fought to clear a path for my generation, so that I can step into this position as the first female host of 'Fox News Sunday' with confidence and humility," she said. "I think anyone who takes the helm at 'Fox News Sunday' has the extraordinary good fortune to build on decades of solid journalism. I'm honored to continue that tradition and add to it." Sneak peek of Bream behind the desk — DNC Chair Jaime Harrison will nominate Indiana Democratic Party Chair Mike Schmuhl to the national party's executive committee today. Schmuhl was Pete Buttigieg's 2020 presidential campaign manager. (h/t Adam Wren) IN MEMORIAM — "National Park Service announces death of former director Mary Bomar" TV TONIGHT — Jon Decker is launching a series of weekly 30-minute specials, starting tonight, called "Election 2022 Just the Facts" on Gray Television. The first show features Arkansas Gov. Asa Hutchinson and a look at the Georgia Senate race. SPOTTED: Michelle Obama cheering on Frances Tiafoe in the U.S. Open semifinals Friday. … Agriculture Secretary Tom Vilsack visiting John Burroughs Elementary School on Friday, where he told a fourth-grader she, too, could be secretary of Agriculture one day. Her response: "I actually want to be president of the United States." OUT AND ABOUT — SPOTTED at a screening of the second season premiere episode of "Blood & Treasure," hosted by Luxembourg Ambassador Nicole Bintner on Thursday evening: Sen. Sheldon Whitehouse (D-R.I.), Mark Vlasic, Lauren Millar, French Ambassador Philippe Étienne and Patricia Étienne, Rwandan Ambassador Mathilde Mukantabana, Turkish Ambassador Hasan Murat Mercan and Ä°nci Mercan, Latvian Ambassador Māris Selga, Albanian Ambassador Floreta Faber, Irfan Saeed, Steve Clemons and Manu Raju. MEDIA MOVE — Katie Baker is now a correspondent at the NYT covering the country's social and cultural conflicts. She previously was a reporter on BuzzFeed's investigations desk. WHITE HOUSE ARRIVAL LOUNGE — Rebecca Kasper is now special assistant to the president for climate and science agency personnel. She most recently worked in congressional affairs at the Interior Department, and is a Biden campaign alum. … Sydney Harvey is now special assistant to infrastructure implementation coordinator Mitch Landrieu. She most recently was executive assistant/legislative aide for Rep. Tom Suozzi (D-N.Y.). … … Christiana Ho has been detailed to the White House to be adviser to deputy chief of staff Jen O'Malley Dillon. She most recently was special assistant to Energy Secretary Jennifer Granholm. … Namrata Mujumdar is joining the White House as special assistant to the president for economic agency personnel in the Presidential Personnel Office. She most recently has been lead for policy outreach for the State and Local Fiscal Recovery Fund at the Treasury Department. TRANSITIONS — Justin Underwood is now director of government affairs at the Institute of International Bankers. He most recently was at the American Bankers Association. … Josh Glasstetter is now comms director at Insurate. He previously was director of comms and public affairs at the US Cannabis Council. WEDDING — Tess Owen and Andy Campbell, via NYT : "Ms. Owen, 33, [is] a senior reporter based in New York who covers extremism at Vice News … Mr. Campbell … is a reporter and senior editor [covering extremism for HuffPost] also based in New York. … They were legally married Aug. 26 at the town hall in Gondrin, France." WELCOME TO THE WORLD — Olivia Gazis, intelligence and national security reporter at CBS News, and Kyle Gazis, associate at Davis Polk & Wardwell, welcomed Onyx Constantinos Gazis during a late-summer rainstorm on Aug. 25. He came in at 8 lbs, 2 oz and 20 inches. Big sister Odette is thrilled but insists he be called "Mott." Pic … Another pic HAPPY BIRTHDAY: Sen. Cynthia Lummis (R-Wyo.) … Neera Tanden … Emily Berret of Speaker Nancy Pelosi's office … Renee Hudson … Jess McIntosh … Andrew Shapiro of Beacon Global Strategies … DOJ's Brian Farnkoff ... POLITICO's Nahal Toosi and Tiffany Cheung … Richard Wolf … Hunter Walker … Fox News' Trey Yingst … NYT's Mara Gay … Bill Hamilton … MSNBC's Chuck Rosenberg … Aurelien Portuese of the Information Technology and Innovation Foundation … FleishmanHillard's Michael Moroney … Sara Bonjean … Alex Bell of the State Department … former Rep. Ted Poe (R-Texas) … former Sen. John E. Sununu (R-N.H.) … Meshal DeSantis … Kimberly Marie Abbott ... Bipartisan Policy Center's Oliver Kim ... Justin Wiley … Mahen Gunaratna of Everytown for Gun Safety … Justin Cooper … Deirdre Hackleman THE SHOWS ( Full Sunday show listings here): NBC "Meet the Press": VP Kamala Harris. Panel: Yamiche Alcindor, Matt Gorman, Claire McCaskill and Amy Walter. CNN "State of the Union": Hillary Clinton … British Ambassador Karen Pierce … Treasury Secretary Janet Yellen … Sen. Mark Warner (D-Va.). FOX "Fox News Sunday," featuring the debut of new anchor Shannon Bream: Sen. Tim Scott (R-S.C.) … Sen. Jon Tester (D-Mont.) … Andy Pettitte … U.S. Ambassador to the U.K. Jane Hartley. Panel: Mollie Hemingway, Peter Doocy, Jonathan Swan and Juan Williams. CBS "Face the Nation": Sen. Mark Warner (D-Va.) … retired Gen. Frank McKenzie … British Ambassador Karen Pierce … Ukrainian Ambassador Oksana Markarova … Jackson, Miss., Mayor Chokwe Antar Lumumba. MSNBC "The Sunday Show," airing at a special time of 11 a.m. to 1 p.m. with co-host Chris Jansing: British Ambassador Karen Pierce … Jeh Johnson … Capricia Penavic Marshall … U.S. Ambassador to the U.K. Jane Hartley. CNN "Inside Politics": Bonnie Greer. Panel: Tamara Keith, Jeremy Diamond, Paul Kane and Eva McKend. ABC "This Week": Panel: Chris Christie, Donna Brazile, Mary Jordan and David Sanger. 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, digital editor Garrett Ross and producers Setota Hailemariam and Bethany Irvine. Corrections: Friday's Playbook incorrectly reported about the upcoming White House wedding of Naomi Biden. There have been two other White House weddings since the Tricia Nixon nuptials. It also misspelled Agnieszka Pilat's name.
| | | | 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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