| | | | |  | | By Ryan Lizza , Rachael Bade and Eugene Daniels | | | With help from Eli Okun and Garrett Ross
|  Sen. Michael Bennett (D-Colo.) asks questions while Katherine C. Tai, United States Trade Representative, testifies during a Senate Finance Committee hearing on May 12, 2021. | Pete Marovich/Pool via Getty Images | | | | |  | DRIVING THE DAY | | A MAJOR LEGAL DEFEAT FOR TRUMP — The 11th Circuit delivered a unanimous opinion shutting down the special master review of the documents that the FBI seized from Mar-a-Lago and dismissing DONALD TRUMP's civil lawsuit over the matter. The opinion was an embarrassing rebuke of U.S. District Court Judge AILEEN CANNON, who was widely criticized for indulging what legal scholars across the ideological spectrum described as Trump's specious arguments. The appeals court did not think the case was even a close call. "This appeal requires us to consider whether the district court had jurisdiction to block the United States from using lawfully seized records in a criminal investigation," the opinion began . "The answer is no." It went downhill for Cannon (and Trump) from there, and the opinion ended with an unambiguous spanking: "The law is clear. We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so. Either approach would be a radical reordering of our caselaw limiting the federal courts' involvement in criminal investigations. And both would violate bedrock separation-of-powers limitations." More from Josh Gerstein and Kyle Cheney : "Trump can appeal the ruling to either the full bench of the 11th Circuit or the Supreme Court, but both prospects are seen as a long-shot. The panel gave Trump a week to decide what to do before its decision takes effect. The decision, if it stands, gives a newly-named special counsel a free hand to return the investigation to full speed." THE PLAYBOOK INTERVIEW: MICHAEL BENNET — In 2022, Colorado was one of those states that the GOP kept hoping would turn competitive. Despite some meddling in the Republican primary by Democrats who tried to elevate a far-right candidate who was in Washington protesting on Jan. 6, GOP chieftains got the moderate businessman, JOE O'DEA, whom they preferred. But he never gave Sen. MICHAEL BENNET much of a scare. For months, polls showed a stubborn 6-8 point advantage for Bennet. On Election Day, Bennet won by a whopping 15 points. Back in Washington and about to begin his third full term — he was appointed to fill a vacancy in 2009 — Bennet now has big plans. He's preparing for a showdown with members of his own party over the Child Tax Credit, which he wants included in any omnibus bill this month. He's pointing to his successful campaign in previously purple Colorado as a model for national Democrats, noting his impressive margins in rural red counties and among Latinos and working class white voters. In fact, Bennet is feeling so confident that he's not ruling out another run for president.
|  | We sat down in one of Bennet's conference rooms in the Russell Senate Office Building for a wide-ranging interview on Tuesday just before the weekly Democratic caucus lunch where he was planning on making his pitch on the CTC. While the senator was generous with his time and expansive in his comments, there was one issue about which he wouldn't give us a straight answer: How exactly did he vote on that Colorado referendum legalizing magic mushrooms? For the full conversation, listen to this week's Playbook Deep Dive podcast . What follows are some key excerpts: On Democrats meddling, to the tune of some $4 million, to try and nominate the Trump Republican in the GOP primary: "In the end, it turned out that it was not a particularly effective strategy. And I hope in the future, people will consider that it didn't really work. And interfering strikes people as something that shouldn't be done." On what it was like running in 2010 during former President BARACK OBAMA's first midterm, when Bennet won by just 3 points, versus running in 2022 during President JOE BIDEN's first midterm: "In '09-10 … none of the benefits of the Affordable Care Act were yet in place — at all. And so what we were dealing with was the Republicans saying, 'Government takeover of health care. This is a Bolshevik attack on the United States of America.' We had no data or proof points to be able to say that's not what we're dealing with here. This year, [there was a] very different set of accomplishments." On where he came down on Colorado legalizing so-called plant medicines, such as mushrooms: BENNET: Interestingly enough, I didn't take a position in the campaign. It didn't come up. RYAN LIZZA: It never came up? You were never asked? BENNET: Never came up. But Colorado obviously supported it. … LIZZA: How did you vote in the voting booth? BENNET: Well, I'm going to keep that to myself. But Colorado passed it, and … we're going to lead the way. LIZZA: Were you glad that it passed? BENNET: I'm glad the will of Colorado's voters [has] been heard. On adding the expanded Child Tax Credit to a potential omnibus bill: "[Since it lapsed last year,] poverty rates have gone up and hunger has gone up. Lines in soup kitchens are now longer than they were before. In a way, that makes it all the more tragic that we didn't extend it, because it actually did what we said it was going to do. And it worked the way I said it was going to work and [Democratic Ohio Sen.] SHERROD BROWN said it was going to work and [Democratic New Jersey Sen.] CORY BOOKER said it was. "Now we've got to try to figure out how to pass a bipartisan version of that. …If we get to an omnibus, there are going to be people on the Republican side that want to extend the R&D tax credits — something that I support as well. I don't think we should be doing that unless we figure out a way to extend the child tax credit." On whether he agrees with some prominent Democrats who have recently said that they hope Trump is the Republican nominee in 2024: "I don't want him to be the nominee. The worst four years of my life were when Donald Trump was president of the United States." On Biden and 2024: BENNET: Joe Biden beat Donald Trump. He is the president. His intention is that he's going to run again. And I expect that he will run again. If he decides not to run again, I'm sure there'll be a lot of people that will look at it. LIZZA: Including you? BENNET: Well, it's too early for me to tell. On his big takeaway from the 2022 elections: "I was out to dinner with my mom recently, who is a Polish Jew who survived the Holocaust in and around Warsaw. Last year she said to me, 'I cannot believe I've lived long enough to see another war in Europe.' But the other night, she said to me, 'I'm so worried because we can't predict anything about American politics anymore.' … And I said, 'That's really true. But one thing we do know is that on Election Day this year Donald Trump was rejected by the voters in America.' … And that gives me real optimism that our democracy is responding in a way that's going to be very constructive for our kids' futures. And that makes me very happy to be here at this moment." Happy Friday. Thanks for reading Playbook. Drop us a line and tell us how you would have voted on Colorado's 'shroom referendum: Rachael Bade , Eugene Daniels , Ryan Lizza .
| | | | A message from Kroger and Albertsons Companies: Kroger has a long track record of supporting its associates. Since 2018, Kroger has invested $1.2 billion in associate wages, resulting in a 25.9% increase in average hourly compensation since 2017. We are committed to extending this track record following our merger with Albertsons Cos. to unlock new and exciting opportunities for the 710,000+ associates nationwide that enable the success of the two organizations. | | | TALK OF THIS TOWN — Michael Schaffer's latest column: "The Big Joe Biden Book Bust : Readers are steering clear. So are publishers. For the book industry, 'it's a black hole.'" CLICKER — See the AP's top photos of 2022 THE STATE OF THE STATE DINNER — "Ooh la la! Biden's first state dinner brings out glamour and guests galore," by Myah Ward: "It was a jubilant tribute to President Joe Biden's French counterpart, EMMANUEL MACRON, but also a throwback to a more glamorous and carefree time before a global pandemic brought much of society to a halt."
— "In Photos: Biden's first state dinner," by Chase Sutton
— "The Full Guest List for the State Dinner," NYT MUSK READ — "Musk drops the bipartisan pose — and Republicans cheer," by Rebecca Kern | | | | A message from Kroger and Albertsons Companies:   Kroger's merger with Albertsons Cos. will establish a more competitive alternative to large, non-union retailers. Together, we are committed to securing union jobs. | | | | | BIDEN'S FRIDAY:
9 a.m.: The president will receive the President's Daily Brief.
12:25 p.m.: Biden will depart the White House en route to Boston.
2:50 p.m.: Biden will greet PRINCE WILLIAM at the John F. Kennedy Library and Museum.
4:10 p.m.: Biden will participate in an International Brotherhood of Electrical Workers phone bank.
5:45 p.m.: Biden will participate in a DSCC reception.
6:55 p.m.: Biden will depart Boston en route to Camp David.
Press secretary KARINE JEAN-PIERRE will gaggle aboard Air Force One en route to Boston.
VP KAMALA HARRIS' FRIDAY: The vice president has nothing on her public schedule.
The HOUSE meets at 9 a.m. to consider the Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022, with first and last votes predicted between 10:15 a.m. and 11 a.m.
The SENATE is out. | | | | | | POLITICO APP USERS: UPGRADE YOUR APP BY DECEMBER 19! We recently upgraded the POLITICO app with a fresh look and improved features for easier access to POLITICO's scoops and groundbreaking reporting. Starting December 19, users will no longer have access to the previous version of the app. Update your app today to stay on top of essential political news, insights, and analysis from the best journalists in the business. UPDATE iOS APP – UPDATE ANDROID APP . | | | | | PHOTO OF THE DAY
|  President Joe Biden and French President Emmanuel Macron make a toast after speaking at the state dinner on the South Lawn of the White House on Thursday. | Drew Angerer/Getty Images | | | PLAYBOOK READS | | ALL POLITICS WE'LL ALWAYS HAVE DES MOINES — Biden has made his preference for the presidential nominating calendar known, requesting that party leaders move South Carolina up to the first presidential primary in the nation, Elena Schneider and Jonathan Martin report . The co-chairs of the DNC's Rules and Bylaws committee announced the preferences, which break "a half-century of precedent that put Iowa at the front of the line," to DNC members on Thursday night. "'We must ensure that voters of color have a voice in choosing our nominee much earlier in the process and throughout the entire early window,' Biden wrote in a letter to DNC members. 'As I said in February 2020, you cannot be the Democratic nominee and win a general election unless you have overwhelming support from voters of color — and that includes Black, Brown and Asian American & Pacific Islander voters.'" Here's Biden's proposed calendar:
- South Carolina on Feb. 6
- New Hampshire and Nevada on Feb. 13
- Georgia on Feb. 20
- Michigan on Feb. 27
RUNOFF REPORT — "'One more time': Barack Obama stumps for Raphael Warnock — again," by the Atlanta Journal-Constitution's Shannon McCaffrey: "The former president spoke to a boisterous crowd of several thousand people ahead of Tuesday's runoff, which will determine whether [Democratic Sen. RAPHAEL] WARNOCK or his Republican challenger, HERSCHEL WALKER , go to Washington. … 'I'm here to tell you, we can't let up. I'm here to tell you, we can't tune out. We can't get complacent. We have to run through the tape,' Obama said. 'And I know you can do it because you did it before.'" MAILING IT IN — "Pennsylvania Republicans reconsider their war on mail voting," by Holly Otterbein in Philadelphia: "Across the country, the GOP's disappointing midterm results have kicked off hand-wringing about the party's attitude toward early voting and mail ballots. Florida Gov. RON DeSANTIS and former U.N. Ambassador NIKKI HALEY — both potential 2024 GOP presidential candidates — have said recently that Republicans can't simply ignore the voting mechanisms Democrats have taken advantage of. But the about-face is particularly striking in Pennsylvania, where Republicans have adopted an especially uncompromising approach to mail-in voting." DARK MONEY DOWNLOAD — "Haley, Pence and other potential '24 candidates buff up their dark money groups," by Hailey Fuchs:
- "Former U.S. Ambassador to the United Nations Nikki Haley said this week that she will take the holiday break to mull a possible run for the White House in 2024. Quietly, she has amassed some infrastructure to make a bid. The former South Carolina governor's nonprofit group, Stand for America Inc., raised about $8.6 million in 2021, according to forms filed with the IRS."
- "Former Vice President MIKE PENCE's group, Advancing American Freedom, raised about $7.7 million in 2021, according to its 990 form. And an aide says that the entity and an affiliated foundation, a 501(c)(3) arm, plan to dole out $35 million in 2023."
THE WHITE HOUSE FROM THE JOINT PRESSER WITH MACRON — "Biden condemns Putin over Ukraine, but doesn't rule out meeting him," by Kelly Garrity CONGRESS RAIL DEAL REACHED — "Freight rail strike averted, after frenzied negotiations," by Alex Daugherty, Burgess Everett, Tanya Snyder and Nick Niedzwiadek — How we got here: "How a railroad labor dispute ended up in Congress' lap," by Nick Niedzwiadek and Tanya Snyder CRYPTO CRACKDOWN — "FTX Collapse Draws Senate Scrutiny as Lawmakers Push for Crypto Oversight," by WSJ's Dave Michaels GAETZ-GATE LATEST — "Ex-Florida official with ties to Gaetz sentenced to 11 years in sprawling public corruption case," by David Kihara
| | | | A message from Kroger and Albertsons Companies:   Combining with Albertsons Cos. to deliver quality, value and choice to customers. | | | MEDIAWATCH A DISTURBING NEW LOW — "Virulently antisemitic comments by Ye spark new GOP criticism," by Anthony Adragna: "YE [formerly known as Kanye West] appeared on [ALEX] JONES' 'InfoWars' show with NICK FUENTES, his guest during the Trump dinner — a known racist and antisemite — and made a host of antisemitic comments with his face covered by a black mask, repeating the lie that the Holocaust did not happen and praising ADOLF HITLER." — On Thursday night, Ye's recently reinstated Twitter account was suspended after he posted an image of a swastika combined with a Star of David. More from Mediaite — "Ye's deal to buy conservative social media app Parler is called off," by CNBC's Sara Salinas — The stepback: "The GOP's bet on Kanye West has gone very bad," by WaPo's Philip Bump: "As if to reinforce that point, the Twitter account of the House Judiciary Committee's Republican caucus — an account weirdly focused on engaging in culture war fights — quietly deleted the tweet it had offered in October praising three men then seen as important anchors of the political right. 'Kanye. Elon. Trump,' that tweet said, referring to Ye, the then-new owner of Twitter and the former president. The goal of the tweet, very obviously, was to claim the popularity of those individuals as their own." JUDICIARY SQUARE COMING TO A DOCKET NEAR YOU — "Supreme Court agrees to decide fate of Biden's student debt relief," by Michael Stratford and Josh Gerstein POLICY CORNER IMMIGRATION FILES — "Biden Administration Considers Migrant Restrictions Similar to Trump Policies," by NYT's Eileen Sullivan and Michael Shear WAR IN UKRAINE THE VIEW FROM KYIV — "Brace for Bombs, Fix and Repeat: Ukraine's Grim Efforts to Restore Power," by NYT's Marc Santora, Matthew Mpoke Bigg and Ivan Nechepurenko THE VIEW FROM WASHINGTON — "Pentagon eyes major expansion of Ukraine military training," by WaPo's Dan Lamothe and Karen DeYoung … "U.S. looks to shift air defense systems from Middle East to Ukraine, Raytheon chief says," by Lee Hudson VALLEY TALK COOK'S IN THE KITCHEN — Apple CEO TIM COOK was on Capitol Hill on Thursday meeting with a slate of lawmakers — including Sen. BRIAN SCHATZ (D-Hawaii) and Reps. JIM JORDAN (R-Ohio) and DARRELL ISSA (R-Calif.) — as the tech giant seeks to solidify support among Republicans as they retake the House and tamp down concerns amid a recent backlash related to the China Covid protests, Axios' Ashley Gold reports . TV TONIGHT — PBS' "Washington Week": Michael Bender, Nia-Malika Henderson, Weijia Jiang and Asma Khalid. SUNDAY SO FAR … ABC "This Week": Rep. Hakeem Jeffries (D-N.Y.) Panel: Chris Christie, Donna Brazile, Julie Pace and Marianna Sotomayor. CBS "Face the Nation": Eric Holder … Rep. Pete Aguilar (D-Calif.) … Rep. Mike Turner (R-Ohio). FOX "Fox News Sunday": Former VP Mike Pence … Sen. Joni Ernst (R-Iowa) … Sen. Angus King (I-Maine). Panel: Jennifer Griffin and Karl Rove. NBC "Meet the Press": Panel: Yamiche Alcindor, Ashley Parker, Jen Psaki and Marc Short. MSNBC "The Sunday Show": Rep. Jim Clyburn (D-S.C.) … Soledad O'Brien … Ari Berman … Stacey Stevenson … Kierra Johnson … Joe Walsh.
| | | | GO INSIDE THE MILKEN INSTITUTE FUTURE OF HEALTH SUMMIT: POLITICO is featuring a special edition of our "Future Pulse" newsletter at the 2022 Milken Institute Future of Health Summit from Dec. 6 to 8. The newsletter takes readers inside one of the most influential gatherings of health industry leaders and innovators solving the biggest global health issues to ensure a healthier, more resilient future for all. SUBSCRIBE TODAY TO RECEIVE EXCLUSIVE COVERAGE . | | | | | | | PLAYBOOKERS | | More notes and quotes from the state dinner: From Joe Biden's toast: "I actually grew up in a place called New Castle, Delaware County, near Brandywine Battlefield, where a young man named Marquis de Lafayette fought for the American cause and became close friends with a fellow named George Washington. … Vive la France and God bless America." From Emmanuel Macron's toast: "We come from the same values, principles. These principles are at risk, are challenged even in our societies, in our democracies. A lot of people just want to jeopardize or reverse these principles, challenging elections. … Long live the United States of America. Long live France. And long live the friendship between our two countries."
| 
The Macrons and the Bidens pose for a photo at the White House. | Andrew Harnik/AP Photo | Jill Biden wore Oscar de la Renta. Brigitte Macron wore Louis Vuitton. Valerie Biden Owens wore Brandon Maxwell. Kevin McCarthy on dining with Hunter Biden: "Well, I'm at dinner with my mom, so we're going to have a great time." Tim Cook on his meeting with Elon Musk: "It was very good." Anna Wintour on how Vogue got its Naomi Biden cover: "Well, what girl doesn't want to be in Vogue for her wedding?" Sen. Tom Carper: "Welcome to Delaware." ALSO SPOTTED: Lloyd Austin, Mike Barnicle, Jon Batiste, Xavier Becerra, Kate Bedingfield, John Bel Edwards, Ashley Biden, Hunter Biden, Antony Blinken, David Bradley, Steven Breyer, Mika Brzezinski and Joe Scarborough, Pete and Chasten Buttigieg, Denise Campbell Bauer, Miguel Cardona, John Carney, James Clyburn, Stephen Colbert, Susan Collins, Lisa Jackson, Chris Coons, Brian Deese, Michael Duggan, Philippe Etienne, Jonathan Finer, Jennifer Garner and Violet Affleck, Rufus Gifford, Philip Gordon, Jennifer Granholm, Cpt. Florent Groberg, Deb Haaland, Avril Haines, Maya Harris, Kamala Harris, Jamie Harrison, Steny Hoyer and Elaine Kamarck, Karine Jean-Pierre, Jeffrey Katzenberg, John Kirby, Ron Klain, Olivier Knox, Ned Lamont, Keisha Lance Bottoms, Mitch Landrieu, Patrick Leahy, John Legend and Chrissy Teigen, Christian Louboutin, Julia Louis-Dreyfus, Alejandro Mayorkas, Terry McAuliffe, Michael McCaul, Jon Meacham, Gregory Meeks, Robert Menendez, Gen. Mark Milley, Phil Murphy, Bill Nelson, Jennifer O'Malley Dillon, Nancy Pelosi, John Podesta, Laurene Powell Jobs, Samantha Power and Cass Sunstein, J.B. Pritzker, Michael Pyle and Chloe Schama, Gina Raimondo, Bruce Reed, Steve Ricchetti, Susan Rice, Cedric Richmond, James Risch, Tom Donilon, Steve Scalise, Chuck Schumer, Wendy Sherman, Elizabeth Sherwood-Randall, Gene Sperling, Jake Sullivan, Katherine Tai, Neera Tanden, Louisa Terrell, Linda Thomas-Greenfield, John Thune, Annie Tomasini, Tom Vilsack, Marty Walsh, Randi Weingarten, Janet Yellen, David Zaslav and Jeff Zients. MEDIA MOVE — Lauren Egan is joining POLITICO's White House team to help helm West Wing Playbook. She previously was a White House reporter for NBC News. The announcement OUT AND ABOUT — APAICS hosted its Annual Holiday Party at American Petroleum Institute on Thursday evening. SPOTTED: Newly elected House Democratic Caucus Vice-Chair Rep. Ted Lieu (D-Calif.), Reps. Judy Chu (D-Calif.) and Marilyn Strickland (D-Wash.), Rep.-elect Jill Tokuda (D-Hawaii), Deputy Labor Secretary Julie Su, Deputy OMB Director Nani Coloretti, Seema Nanda, Jennifer Choe-Groves, Jenny Yang, Madalene Xuan-Trang Mielke, Michael Coen Jr., Susan Jin Davis, Nisha Ramachandran, Krystal Ka'ai, Gregg Orrin, Joyce Liu, Mike Sommers, Michael Castellano and Robin Rorick. — SPOTTED at a victory party for New Democrat Coalition Chair-elect Annie Kuster on Thursday night: Reps. Hakeem Jeffries (D-N.Y.), Katherine Clark (D-Mass.), Pete Aguilar (D-Calif.), Susie Lee (D-Nev.), Lori Trahan (D-Mass.), Lois Frankel (D-Fla.), Jason Crow (D-Colo.), Debbie Wasserman Schultz (D-Fla.), Ami Bera (D-Calif.), Deborah Ross (D-N.C.), Salud Carbajal (D-Calif.), Mary Gay Scanlon (D-Pa.), Julia Brownley (D-Calif.) and Debbie Dingell (D-Mich.). FIRST IN PLAYBOOK — Jalina Porter has recently relaunched her boutique global comms advisory firm Jalina Porter Communications LLC. She most recently was principal deputy spokesperson at the State Department and in October completed executive education at Oxford University's Said Business School. TRANSITIONS — Former Rep. Matt Salmon (R-Ariz.) is now an SVP in Ervin Graves Strategy Group's government relations practice. He most recently ran for Arizona governor and was VP for government affairs at Arizona State University. … Amelia Medina has rejoined King & Spalding as a partner in its special matters and government investigations team. She previously was at the FBI, including as deputy chief of staff. … … Jim Schultz is joining Scientific Games as head of public policy. He currently is on the transition team for Pennsylvania Gov.-elect Josh Shapiro, and is a Trump White House alum. … Jordan Evich is now a principal and appropriations practice lead at Monument Strategies. He previously was deputy chief of staff for Rep. Jaime Herrera Beutler (R-Wash.). … Kim Devlin is now managing director at Actum's New York office. She previously was managing director at Mercury Public Affairs, and is a Tom Suozzi alum. HAPPY BIRTHDAY: Interior Secretary Deb Haaland … VA Secretary Denis McDonough … Rep.-elect Robert Garcia (D-Calif.) … Cal Thomas … U.S. Permanent Representative to NATO Julianne Smith … Bob Carey … FGS Global's Mina Moore … Carrie Wofford … Dan Puskar of the Public Lands Alliance … NBC's Chris Berend … ABC's Brad Mielke … Mairéad Lynn of Sen. Bob Casey's (D-Pa.) office … Rayshon Payton … Andrew Howell of Monument Advocacy … John Hollis … John Bodnovich of the American Beverage Licensees … Kelly Klass of Locust Street Group … Hogan Lovells' Mark Irion … Lauren Cross … former AG Edwin Meese (91) … former Sen. Wayne Allard (R-Colo.) … former Reps. Carol Shea-Porter (D-N.H.) (7-0) and Pete Gallego (D-Texas) … POLITICO's Kristi Swartz … Treasury's Liz Rosenberg … Stone Phillips 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 Kroger and Albertsons Companies: As America's grocer, Kroger plays an important role in serving a range of stakeholders. We are an employer, food processor, retailer, healthcare provider and more, and we have a responsibility to lead with purpose and create positive change for billions of people and the planet we call home. We are proud of our work to support our communities through our Zero Hunger | Zero Waste social and environmental impact plan, including donating 2.3 billion meals to those in need. Albertsons Cos. shares this passion for sustainability and service, and together, we will be even better positioned to achieve our mission of creating a more equitable and sustainable food system. | | | | | | | 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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