| | | | |  | | By Rachael Bade, Eugene Daniels and Ryan Lizza | | | With help from Eli Okun and Garrett Ross
| 
Sen. J.D. Vance (R-Ohio) is among the six senators who have introduced a new bill aimed at preventing a repeat of the toxic firestorm in East Palestine, Ohio. | Francis Chung/POLITICO | | | | |  | DRIVING THE DAY | | BREAKING THIS MORNING — A bipartisan group of six senators today will introduce the Railway Safety Act of 2023, legislation aimed at preventing a repeat of the toxic firestorm in East Palestine, Ohio, that followed the Feb. 4 derailment of a chemical train. Introducing the bill are Ohio Sens. J.D. VANCE (R) and SHERROD BROWN (D), Pennsylvania Sens. BOB CASEY (D) and JOHN FETTERMAN (D), as well as Sens. MARCO RUBIO (R-Fla.) and JOSH HAWLEY (R-Mo.). According to a summary we saw last night, the legislation would: 1) require rail carriers to give advance notice to state emergency response officials before running trains carrying hazardous materials; 2) mandate trains run with at least two-person crews; 3) require better monitoring of railcar wheel bearings — which overheated in the Ohio train accident, according to the NTSB, and likely caused the train to jump the tracks — and 4) increase penalties for wrongdoing in the industry. AP’s Julie Carr Smyth with the scoop “Through this legislation, Congress has a real opportunity to ensure that what happened in East Palestine will never happen again,” Vance said in a draft statement reviewed by Playbook. “We owe every American the peace of mind that their community is protected from a catastrophe of this kind.” “Rail lobbyists have fought for years to protect their profits at the expense of communities like East Palestine and Steubenville and Sandusky,” Brown added. “These commonsense bipartisan safety measures will finally hold big railroad companies accountable.” The context: The bipartisan proposal stands in stark contrast to the partisan rancor that has surrounded the East Palestine disaster in recent weeks. Republicans have blasted President JOE BIDEN’s administration for what they’ve dubbed an inadequate response, roasted Transportation Secretary PETE BUTTIGIEG for taking three weeks to visit the impacted area and vowed to launch an oversight investigation in the House. Democrats, meanwhile, have sought to highlight DONALD TRUMP’s moves to roll back rail safety regulations, including withdrawing Obama-era rules requiring two-person crews and more advanced brake systems on trains carrying flammable materials. And Senate Majority Leader CHUCK SCHUMER has pointed a spotlight on Norfolk Southern, the railroad that ran the toxic train through East Palestine, calling for its CEO to testify. And yet this group of six unlikely bedfellows is putting the sniping aside, for now. The nature of the coalition — split evenly between the parties, with senators of both the state where the derailment occurred (Ohio) and the state where the toxic plume drifted (Pennsylvania) — gives the bill a good chance of advancing. But there are also reasons it could get bogged down: Only Vance sits on the Senate Commerce Committee, which has jurisdiction over rail transportation, and given the high profile of the disaster, many other lawmakers want a piece of the action. And, as Timothy Cama at POLITICO’s E&E News reported last week, rail industry lobbyists have “for years worked to block, delay or reverse safety regulations, usually under the argument that they would be cost prohibitive or would not improve safety.” And even if the bill advances in the Democrat-led Senate, it could face an even steeper hurdle in the GOP House. This morning our colleagues Tanya Snyder and Kayla Guo report that key House Republicans are warning colleagues against backing new regulations, arguing that the crash needs to be probed first. Rep. TROY NEHLS (R-Texas), who chairs the Transportation and Infrastructure rail subcommittee, dismissed the need for stricter penalties on the industry: “The rail industry has a very high success rate of moving hazardous material — to the point of 99-percent-plus. Let’s not have more burdensome regulations and all this other stuff.”
|  Drew Angerer/Getty Images | GARLAND IN THE HOT SEAT — As House Republicans ramp up their investigation into alleged politicization at the Justice Department, AG MERRICK GARLAND will use his opening statement at a congressional hearing today to defend the integrity of his workforce. Speaking at the Senate Judiciary Committee, Garland will emphasize how DOJ officials have worked to combat violent crime and hate crimes, to assist Ukraine officials in defending democracy and to “protect reproductive freedom,” according to an excerpt shared with Playbook. From the excerpt: “Every day, the 115,000 employees of the Justice Department work tirelessly to fulfill our mission: to uphold the rule of law, to keep our country safe, and to protect civil rights. Every day, our FBI, ATF and DEA agents, and our Deputy U.S. Marshals put their lives on the line to disrupt threats and respond to crises. Every day, Department employees counter complex threats to our national security. They fiercely protect the civil rights of our citizens. They pursue accountability for environmental harms. They prosecute crimes that victimize workers, consumers, and taxpayers. They defend our country’s democratic institutions. And every day, in everything we do, the employees of the Justice Department adhere to and uphold the rule of law that is the foundation of our system of government.” Then comes the hard part. Following his opening statement, Garland will be grilled on several issues his department has notably avoided discussing.
- He’ll face questions about the status of the special counsel probes of Trump’s and Biden’s handling of classified materials, as well as the ongoing investigation into the Jan. 6 Capitol riot.
- House Judiciary Chair JIM JORDAN’s subpoena concerning the DOJ’s handling of parent protests and disruptions at school board meetings comes due at 9 a.m. today. Should Garland refuse to comply, he could face queries from Jordan’s GOP Senate allies.
- Lawmakers from both parties are expected to probe Garland about the curious case of former FBI agent CHARLES McGONIGAL, who stands accused of taking money from a Russian oligarch — a situation prompting concern about whether the DOJ can police itself.
- And he may well find himself fielding a question or two about the origins of the Covid-19 virus after FBI Director CHRISTOPHER WRAY confirmed yesterday in a Fox News interview that the agency has concluded the pandemic originated with a lab leak and accused the Chinese government of "doing its best to try to thwart and obfuscate” the origins probe.
Good Wednesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
| | | | A message from Emergent: Is there something happening that we all need to be ready for? Are we at risk from an emerging virus...in the crosshairs of possible biological or chemical attacks...at the center of an opioid overdose crisis?
For the public health threats our world faces, Emergent develops, manufactures, and delivers protections against the things we hope never happen — just in case they ever do.
Find out how Emergent perceives, prepares, and protects. | | | JUST POSTED — “Dark money and special deals: How Leonard Leo and his friends benefited from his judicial activism,” by Heidi Przybyla: “[S]pending by [judicial activist LEONARD] LEO’s aligned nonprofits on his for-profit business in 2020 and 2021 demonstrates the extent to which his money-raising benefited his own bottom line. And it shows how campaign-style politics — and the generous paydays that go along with it — are now adjacent to the Supreme Court, the one U.S. institution that’s supposed to be immune to it.” WATCH THIS SPACE — Sen. MIKE LEE (R-Utah) set a Feb. 28 deadline for Japan to remand U.S. Navy Lt. RIDGE ALKONIS to American custody — and yesterday came and went without a change in his imprisonment. Today, Lee will take to the Senate floor to castigate Tokyo for not returning Alkonis, who’s serving a sentence for a deadly car crash that his American supporters, though not many Japanese people, see as unjust. “[Y]ou’ve made your choice,” Lee tweeted to Kishida early this morning, minutes after the deadline passed. “I hope you’re ready for some conversations on the Senate floor that you’re not likely to enjoy. This issue isn’t going away, and neither am I.” Lee is expected to ramp up his scrutiny of the U.S.-Japan security relationship as a result. He’s tweeted in recent weeks that it’s time for a hard look at the countries’ Status of Forces Agreement: “[A] series of conversations will begin … to inform Americans of how poorly you’re treating our military personnel—not just Ridge Alkonis, but all 55,000 U.S. forces in Japan,” he wrote publicly to Japanese PM FUMIO KISHIDA. Lee has also indicated that he may want to put a sale of 400 Tomahawk missiles to Japan on the chopping block. It’s not yet clear which points of leverage Lee may use. But other senators, such as JOSH HAWLEY (R-Mo.), have placed holds on administration nominees out of disagreement on policy issues. DEMS DESCEND ON BALTIMORE — House Democrats will head to Baltimore today for their caucus retreat, a three-day event headlined by Biden, who will speak at 6 p.m. this evening. The president is expected to rally his party behind an expected budget plan set for release next week — and continue to bruise the GOP for proposed cuts to spending that Democrats say will hurt Americans. The caucus will also hear from VP KAMALA HARRIS, HHS Secretary XAVIER BECERRA, HUD Secretary MARCIA FUDGE, Commerce Secretary GINA RAIMONDO, EPA Administrator MICHAEL REGAN and others in the administration.
| | | | A message from Emergent:   Helping protect millions against the things we hope never happen — just in case they ever do.
Find out how Emergent perceives, prepares, and protects. | | | | | THE HOUSE will meet at 9 a.m.
THE SENATE will meet at 10 a.m. to consider judicial nominations. At 4 p.m., the Senate will vote on a House-passed bill that would repeal a Biden administration policy that enables investment managers to factor climate change and social goals into retirement savings decisions (more on the bill below), and a motion to invoke cloture on a judicial nomination.
WHAT ELSE IS ON BIDEN’S SCHEDULE:
9:30 a.m.: The president will deliver remarks on JULIE SU’s nomination to be Labor secretary, with Harris also in attendance.
10:15 a.m.: Biden will receive the President’s Daily Brief.
11:25 a.m.: Biden will depart the White House en route to the Department of Homeland Security.
12 p.m.: Biden will deliver remarks at DHS’ 20th anniversary ceremony.
Press secretary KARINE JEAN-PIERRE will brief at 2 p.m. | | | | | | We’re spilling the tea (and drinking tons of it in our newsroom) in U.K. politics with our latest newsletter, London Playbook PM. Get to know all the movers and shakers in Westminster and never miss a beat of British politics with a free subscription. Don’t miss out, we’ve got some exciting moves coming. Sign up today. | | | | | PHOTO OF THE DAY
|  Nebraska Attorney General Mike Hilgers speaks with reporters outside the Supreme Court on Capitol Hill in Washington, Tuesday, Feb. 28, 2023, after the court heard arguments over President Joe Biden's student debt relief plan. | Patrick Semansky/AP Photo | | | PLAYBOOK READS | | 2024 WATCH DeSANTIS DOWNLOAD — “DeSantis is championing medical freedom. GOP state lawmakers like what they see,” by Megan Messerly, Krista Mahr and Arek Sarkissian: “The ‘medical freedom’ movement, mostly known for its opposition to vaccine requirements, was long consigned to the fringes of libertarian and left-wing politics. Then came RON DeSANTIS. The Florida governor and likely presidential candidate has secured a place for the movement in the conservative mainstream.” Related read: “What’s not in Ron DeSantis’ new book,” by Gary Fineout in Tallahassee, Fla. ALL POLITICS LIGHTFOOT GOES DOWN IN CHI-TOWN — Chicago Mayor LORI LIGHTFOOT formally conceded a stunning defeat in her bid for reelection last night after failing to finish in the top two and advance to a runoff. “Former public school chief PAUL VALLAS and Cook County Commissioner BRANDON JOHNSON are the top vote-getters who now head into an April 4 runoff that will likely be fraught with racial tensions and divisiveness,” Shia Kapos and Olivia Olander write. How she got here: “In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic, crime,” by the Chicago Tribune’s Gregory Pratt and Alice Yin … “How Lightfoot went from political rock star to rock bottom,” by the Chicago Sun Times’ Fran Spielman FIRST IN PLAYBOOK: McCARTHY BACKS BANKS FOR SENATE — Not surprising given their close relationship, but Speaker KEVIN McCARTHY this week plans to back Rep. JIM BANKS (R-Ind.) for Senate, according to a pre-recorded video he did for a local Hoosier party dinner that will be shown Thursday. McCarthy, we’re told, will also be doing a fundraiser for Banks on April 19. ONE TO WATCH — “Amid a crime spike and complaints of uncollected trash, New Orleans mayor faces a possible recall election,” by NBC’s Daniella Silva THE WHITE HOUSE BUZZY EXIT INTERVIEW — N.Y. Mag’s Gabriel Debenedetti talks with outgoing White House comms director KATE BEDINGFIELD as she prepares for her last day on the job today. Bedingfield dishes on her “relatively leak-free tenure, the high and lows of the job (including sticking to her press playbook even in the wake of challenges like casualties in Afghanistan)” and more. NOT CUTTING IT — “As Republicans Struggle to Outline Budget Cuts, Biden Steps Up,” by NYT’s Katie Rogers in Virginia Beach: “After he spent the first minute of his remarks discussing his health struggles, Mr. Biden said that scores of Americans were worried about rising health care costs, and that Republicans were not interested in helping. ‘Make no mistake: MAGA Republicans are trying to take away people’s health care,’ Mr. Biden said at a community center in Virginia Beach.” NEWS ANALYSIS — “Biden Is Betting on Government Aid to Change Corporate Behavior,” by NYT’s Ana Swanson and Jim Tankersley … “Past U.S. Industrial Policy Offers Lessons, Risks for Chips Program,” by WSJ’s Greg Ip KNOWING ABBE LOWELL — “Abbe Lowell Built Ties to Trump World. Now He’s One of Hunter Biden’s Lawyers,” by NYT’s Kenneth Vogel, Maggie Haberman and Michael Schmidt: “[ABBE] LOWELL’s new role in helping steer Mr. Biden through Republican congressional investigations has stirred unease and dissent in the Biden camp, where some questioned his recent work for the Trump family and worried that his aggressive tactics could backfire.”
| | | | A message from Emergent:   25 years proudly protecting millions from threats to public health.
Find out how Emergent perceives, prepares, and protects. | | | CONGRESS THE TRUMP EFFECT — “Trump ties GOP in knots over Medicare and Social Security,” by Burgess Everett and Caitlin Emma: “While the GOP once more actively pushed for changing both programs’ benefits, [DONALD] TRUMP has separated the party into two distinct camps … Both Republican camps and even some Democrats agree that Trump’s moves are politically effective. But some GOP members are angry to see their party freshly divided over fiscal austerity.” GETTING GARCETTI THROUGH — “LA Consequential: Garcetti nom hits make or break moment,” by Marianne LeVine and Chris Cadelago: “Nearly 600 days since the former mayor of Los Angeles was put forward for the critical diplomatic post, [ERIC GARCETTI’s] confirmation prospects have hit a critical juncture in the Senate. He is expected to survive another vote in the Foreign Relations Committee. But that’s just step one.” MAJORITY RULES — “GOP divided on how to respond to ‘lab leak’ report,” by Alice Miranda Ollstein and Gavin Bade: “Some GOP lawmakers hope a reported new assessment … will give new life to legislation that stalled last year — including bills to declassify intelligence about the pandemic, set up a 9/11-style nonpartisan commission to study the virus’ beginnings, and restrict data-sharing with Chinese scientists. “Others are calling for the White House to hold classified briefings on what they knew about Covid-19’s origins, when they knew it, and what led to the latest agency assessment. And still more hope to use the lab leak assessment as momentum for sanctions and investment restrictions on the world’s second-largest economy.” But, but, but: “The classified report remains a minority view among the nine intelligence entities probing the pandemic’s origin, most of which still favor the theory that the virus naturally ‘spilled over’ from animals to humans, probably in a Wuhan market near where the first cases of an unusual pneumonia were reported,” WaPo’s Dan Diamond reports. “None of the other agencies have changed their view after seeing the report, officials say, and peer-reviewed scientific papers published last year also bolster the spillover explanation.” CAUGHT UP IN THE CULTURE WARS — “GOP, Manchin look to nullify ‘woke’ Biden rule,” by Eleanor Mueller and Allison Prang: “GOP lawmakers are escalating their war on ‘woke’ capitalism this week, with House and Senate votes to repeal a Biden administration policy that enables investment managers to factor climate change and social goals into retirement savings decisions. … Biden has threatened to veto the rollback, but the move is still providing fodder for GOP lawmakers who are making anti-woke criticism of socially minded big business a centerpiece of their political messaging.” Related read: “How Environmentally Conscious Investing Became a Target of Conservatives,” by NYT’s David Gelles ACCESS GRANTED — “House GOP moving to let Jan. 6 defendants access Capitol security footage,” by Kyle Cheney, Olivia Beavers and Sarah Ferris THE TALENTED MR. SANTOS — “Another Santos Scandal? He Diverted Voter Registration Money to a GOP-Allied Gay Rights Site,” by Mother Jones’ David Corn, Noah Lanard and Dan Friedman RULES FOR THEE — “Democrats push to end security exemption on Capitol Hill as Republicans demand the right to carry guns,” by NBC’s Ryan Nobles and Haley Talbot: “House Democrats are calling on President Joe Biden to name a new architect of the Capitol who would force members of Congress to go through security screenings.” BEYOND THE BELTWAY POLICY PUSH — “Democratic mayors lead course correction on psychiatric commitments,” by Maya Kaufman: “The new strategies represent a remarkable shift in mental health policy, coming half a century after the U.S. began shuttering or downsizing state psychiatric institutions. … Now leaders of some of the nation’s most progressive cities say it is inhumane to leave people languishing without mental health treatment — even if it is involuntary.” FOR THOSE KEEPING TRACK — “Ron DeSantis, Florida Officials Seek to Dismiss Lawsuit From Martha’s Vineyard Migrants,” by WSJ’s Jon Kamp and Arian Campo-Flores IN THE STATES … — “Georgia Republicans want to make it easier to challenge voters' eligibility,” by NBC’s Jane Timm — “Mississippi enacts ban on gender-affirming care for minors,” by AP’s Emily Wagster Pettus — “Iowa legislators propose a ban on same-sex marriage,” by NBC’s Matt Lavietes JUST POSTED — “Many Undocumented Immigrants Are Departing After Decades in the U.S.,” by NYT’s Miriam Jordan: “But departures have recently accelerated, beginning with crackdowns on immigrants under the Trump administration and continuing under President Biden as many older people decide they have realized their original goals for immigrating and can afford to trade the often-grueling work available to undocumented workers for a slower pace in their home country. “Their departures are one of many factors that have helped keep the total number of undocumented immigrants in the country relatively stable, despite a flood of migrant apprehensions at the southern border that reached two million last year.” MISCELLANY THE FOX FILES — “‘Make Trump a non person’: Rupert Murdoch’s Ron DeSantis pivot, explained by a legal filing,” by Vox’s Andrew Prokop MUSK READ — “‘Sometimes Things Break’: Twitter Outages Are on the Rise,” by NYT’s Ryan Mac, Mike Isaac and Kate Conger: “ELON MUSK’s repeated job cuts are stoking new fears that there aren’t enough people to triage Twitter’s problems.” SPORTS BLINK — “How a disputed $55M loan plays into feds' probe of Commanders,” by ESPN’s Don Van Natta Jr. … “The NFL deserves every bit of its raging Daniel Snyder headache,” by WaPo’s Sally Jenkins
| | | | DOWNLOAD THE POLITICO MOBILE APP: Stay up to speed with the newly updated POLITICO mobile app, featuring timely political news, insights and analysis from the best journalists in the business. The sleek and navigable design offers a convenient way to access POLITICO's scoops and groundbreaking reporting. Don’t miss out on the app you can rely on for the news you need, reimagined. DOWNLOAD FOR iOS– DOWNLOAD FOR ANDROID. | | | | | | | PLAYBOOKERS | | Rob Portman has launched a new policy center at the University of Cincinnati focused on bipartisanship. D.C.’s famed cherry blossom trees may bloom a tad early this year. Imagine Joe Biden with a wild, glorious mullet … and 45 other presidents, too. FIRST IN PLAYBOOK — The University of Chicago Institute of Politics and the Nieman Foundation for Journalism at Harvard are hosting the 2024 Campaign Journalism Conference, a two-day boot camp to equip journalists with tools to cover elections, on April 26-27 in Chicago. Guests include strategists David Axelrod and Lis Smith, CNN’s Jeff Zeleny, The Atlantic’s McKay Coppins, former RNC Chair Reince Priebus and former DNC Chair Tom Perez. — Allison Davis Tuck is now chief counsel for the Senate Rules Committee GOP. She previously was counsel to FEC Commissioner Allen Dickerson and is a Jones Day alum. OUT AND ABOUT — VP Kamala Harris and second gentleman Doug Emhoff hosted a Black History Month event at the Naval Observatory last night. The event, honoring young Black emerging leaders, was thrown in collaboration with BET and featured a performance by Coco Jones with DJ D-Nice playing music until the end of the night, and “Black Panther: Wakanda Forever” actress Dominique Thorne introducing the veep. SPOTTED: Defense Secretary Lloyd Austin, U.S. Ambassador to the U.N. Linda Thomas-Greenfield, Cecilia Rouse, Steve Benjamin, Andre Dickens, Rashida Jones, Scott Mills, Ben Crump, Jaylen Smith, Symone Sanders Townsend and Shawn Townsend, Abby Phillip, Yamiche Alcindor, Rachel Scott, Averi Harper, Alanna McCargo, Vincent Evans, Astead Herndon, Joshua Jamerson, Zolan Kanno-Youngs, Tim Perry, Tia Mitchell, Shaquille Brewster, Zinhle Essamuah, Kevin Young and Maude Okrah. WHITE HOUSE DEPARTURE LOUNGE — Todd Zubatkin is leaving the White House to become a senior adviser at the EPA, Reuters reports. He previously was deputy director for research at the White House. TRANSITIONS — Owen McDonough is now a climate adviser with Chevron’s legislative and regulatory affairs team. He previously was director of federal relations at the American Petroleum Institute. … Aida Ross is now rapid response director and spokesperson for the New Hampshire Democratic Party. She most recently was deputy press secretary for Arizona Gov. Katie Hobbs. … Joe Goetz is now VP at Patriot Fundraising LLC. He most recently was senior director of direct marketing at the NRCC. … … Katie Schoettler is now a public affairs director in Foley & Lardner’s government solutions practice group. She previously was senior adviser and comms director for Sen. Steve Daines (R-Mont.). … Thomas Bell will be CEO of Leidos. He previously was defense president at Rolls-Royce and chair and CEO at Rolls-Royce North America. … Brian Brown is joining TAG Strategies as chief revenue officer. He previously was president at RedRock Strategies. WELCOME TO THE WORLD — Diana Rudd, senior counsel and floor adviser for House Minority Whip Katherine Clark, and Cable Smith, executive chef at The Royal and LuLu’s, welcomed Emmer Alexander Smith on Feb. 22. Pic … Another pic HAPPY BIRTHDAY: Sen. Deb Fischer (R-Neb.) … Reps. Warren Davidson (R-Ohio) and Trent Kelly (R-Miss.) … Giulia Giannangeli of House Energy and Commerce … Maddison Stone … Stacey Stewart … Stephen Ezell … Adam Brand … DNC’s Vanessa Cadavillo … POLITICO’s Ali Taki and Tierra Perdue … Lorraine Woellert … Vayl Oxford … NBC’s Bridget Bowman … American Beverage Association’s Kasey Lovett … Meghan Milloy … AstraZeneca’s Elizabeth Brooks … Elizabeth Rhee … former Sens. John Breaux (D-La.) and Luther Strange (R-Ala.) (7-0) … former Reps. Carlos Curbelo (R-Fla.) and Randy Hultgren (R-Ill.) … Howard Altman … Jess McCarron … Arif Hasan … Natalie Szemetylo … Ryan Little … Aaron Sherinian … Lauren Vicary … Exxon Mobil’s Mike Bloomquist … Tom Jones … Jonathan Lipman … Raben Group’s Jessica McCall … Brian Arata of Rep. Glenn “G.T.” Thompson’s (R-Pa.) office 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 Emergent: From emerging viruses...to the risk of chemical or biological attacks...to the ongoing crisis of opioid overdose... public health threats can arise anywhere. At any time.
That’s why Emergent has spent the last 25 years developing, manufacturing, and delivering protections against the things we hope never happen — just in case they ever do.
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