Tuesday, January 10, 2023

👀 Looming special counsel

Plus: GOP's war on the feds | Tuesday, January 10, 2023
 
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Axios Sneak Peek
By Hans Nichols and Zachary Basu · Jan 10, 2023

Welcome back to Sneak. Smart Brevity™ count: 1,046 words ... 4 minutes.

Situational awareness: President Biden told reporters that he was "surprised" to learn about the discovery of government records at his office and does not know what the documents contain.

 
 
1 big thing: GOP's escalating war with the feds
Jim Jordan

Rep. Jim Jordan. Photo: Anna Moneymaker/Getty Images

 

House Republicans are gearing up for a sprawling, multi-pronged investigation into federal law enforcement agencies, voting today to establish a select committee to investigate the "weaponization" of the federal government.

The big picture: The committee is the culmination of a growing antipathy among Republican lawmakers — and, crucially, their grassroots base — toward federal law enforcement and intelligence agencies, Axios' Andrew Solender writes.

  • That sentiment reflects years of public grievances by former President Trump and his allies, who allege career government officials have unfairly targeted conservatives.
  • DOJ investigations into the events surrounding the Jan. 6 Capitol riot and Trump's handling of sensitive documents after leaving office — both now under the purview of special counsel Jack Smith — have more recently stoked GOP fury.
  • Some right-wing Freedom Caucus members have also championed the cause of defendants in Jan. 6 cases, alleging mistreatment and political persecution by federal prosecutors.

What they're saying: Rep. James Comer (R-Ky.), the chair of the House Oversight Committee, told Axios the GOP's eroding trust in the federal bureaucracy dates back to Bush-era intelligence failures during the Iraq War.

  • Rep. Thomas Massie (R-Ky.), a libertarian-minded conservative long skeptical of the federal security apparatus, pointed to IRS targeting of Tea Party groups in the 2010s and Trump's sparring with the FBI as inflection points.
  • Some of the animosity has also been fueled by an outcry from the base. "I would tell you I get a lot more questions [from constituents] about decisions the Department of Justice makes than I used to," said Rep. Dusty Johnson (R-S.D.).

Yes, but: Not every Republican is ready to concede that the select subcommittee is a response to the alleged persecution of conservatives, arguing it's about law enforcement abuses that transcend partisanship.

  • Rep. Brian Fitzpatrick (R-Pa.), a former FBI agent who said he is a "big supporter of the Bureau," told Axios: "There have been a lot of problems in a lot of federal agencies. Part of Congress' job is oversight."

The other side: Oversight ranking member Jamie Raskin (D-Md.), quipping to a colleague that the panel is "insurrection protection," told Axios: "It's an anti-law enforcement committee. It's meant to be obstructing law enforcement."

  • House Minority Leader Hakeem Jeffries (D-N.Y.) said he hasn't made a decision on whether he will appoint Democrats to the committee.

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2. 🔎 Special counsel decision looms over Biden documents probe
Attorney General Merrick Garland on a video call with President Biden. Photo: Win McNamee/Getty Images

Attorney General Merrick Garland will eventually have to decide whether to appoint a special counsel on the Biden classified documents probe — while leaning on guidance from a Trump-appointed U.S. attorney, Axios' Sophia Cai reports.

Why it matters: Garland's reported decision to assign the case to U.S. Attorney John Lausch could help insulate the investigation from accusations of political bias, especially if the outcome involves no findings of criminal wrongdoing.

  • Lausch's assignment is to conduct an initial facts-based investigation to better inform Garland's decision about a potential special counsel, the New York Times reports.
  • The small number of documents from Biden's time as vice president were found in a locked closet at the Penn Biden Center, which Biden periodically used from mid-2017 until the start of his 2020 campaign.

The big picture: Key facts distinguish the probe from special counsel Jack Smith's investigation of former President Trump's mishandling of classified documents, which resulted in a court-authorized search of Mar-a-Lago by FBI agents in August.

  • But any perceived double standard will bring intense scrutiny on the Justice Department, especially from House Republicans who have already launched an investigation.
  • "If it weren't for the Trump investigations, DOJ likely wouldn't have been even doing a preliminary inquiry. And if the facts are as they have been presented to date, then the preliminary inquiry would probably end without ever morphing into a criminal investigation," Matt Miller, a former DOJ spokesperson, told Axios.

Keep reading ... AP explainer on Trump-Biden documents comparisons.

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3. 🔥 Katie Porter's Senate bid draws Dem fire
Katie Porter

Rep. Katie Porter (D-Calif.) shows her book to Rep. Sean Casten (D-Ill.) during the House speaker election. Photo: Bill Clark/CQ-Roll Call via Getty Images

 

Rep. Katie Porter's (D-Calif.) decision to launch a 2024 Senate campaign today could give the progressive star first-mover advantage in what's likely to be a crowded primary.

Why it matters: California's deep bench — which includes heavyweights like Reps. Adam Schiff, Ro Khanna and Barbara Lee — sets the stage for a potential clash of titans with massive fundraising prowess and national name recognition.

Between the lines: Some critics are saying Porter moved too early: 89-year-old Sen. Dianne Feinstein is widely expected to retire, but she's made no official announcement about vacating the seat she's held since 1992.

  • Also at issue: California is reeling from devastating storms that have left 90% of the state's population under flood watch and triggered mass evacuations.
  • In a preview of a potential gloves-off primary, an anonymous source close to Schiff told the L.A. Times: "It's f-cking crazy that she would announce in the middle of a natural disaster. There are 15 people dead."

What to watch: California Gov. Gavin Newsom said in 2021 that he would appoint a Black woman to fill Feinstein's seat if she did not serve her full term, after he tapped Sen. Alex Padilla to replace Vice President Kamala Harris.

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A message from Coinbase

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4. 🇨🇳 Dems rally behind GOP's China committee
Via CSPAN.

The House voted 365-65 this afternoon to establish a bipartisan select committee focused on countering China's influence in trade, technology, the military and other elements of "strategic competition."

  • 146 Democrats voted in favor of the GOP-led committee, while 65 voted against — mostly over concerns about partisanship or rhetoric that could perpetuate anti-Asian hate.

Stunning stat: With Rep. Mike Gallagher (R-Wis.) tapped to lead the panel, House Republicans have more committee chairs named "Mike" (five) than chairs who are women (three):

  • Rep. Mike Rogers (R-Ala.): Armed Services
  • Rep. Michael McCaul (R-Texas): Foreign Affairs
  • Rep. Mike Bost (R-Ill.): Veterans Affairs
  • Rep. Mike Turner (R-Ohio): Intelligence
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5. 🇺🇸🇲🇽🇨🇦 Parting shot: The Three Amigos
President Biden (from left), Mexican President Andrés Manuel López Obrador and Canadian Prime Minister Justin Trudeau in Mexico City for the North American Leaders' Summit. Photo: Nicolas Asfouri/AFP via Getty Images

"You are the first president of the United States in a long time who has not built a meter of wall, and we appreciate that even if the conservatives do not like it," Mexican President Andrés Manuel López Obrador told President Biden at a press conference in Mexico City tonight.

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A message from Coinbase

Moving the crypto industry forward, together
 
 

Companies, policymakers, regulators and customers can work in tandem to move the crypto industry forward amid unease.

Here's how: Achieve early, easy wins and restore industry trust through new workable crypto legislation.

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📬 Thanks for reading tonight. This newsletter was edited by Zachary Basu and copy edited by Kathie Bozanich.

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