Monday, April 17, 2023

No GOP favors for Feinstein

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Apr 17, 2023 View in browser
 
POLITICO Playbook

By Rachael Bade, Eugene Daniels and Ryan Lizza

Presented by the U.S. Chamber of Commerce

With help from Eli Okun and Garrett Ross

Sen. Dianne Feinstein, D-Calif., arrives for the Senate Democratic Caucus leadership election at the Capitol in Washington on Dec. 8, 2022.

Republicans need to sign off on any committee swap replacing Sen. Dianne Feinstein on Judiciary, and it’s not looking promising. | J. Scott Applewhite, File/AP Photo

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DRIVING THE DAY

BETTER LATE THAN NEVER — “Thomas to amend financial disclosure forms to reflect sale to GOP megadonor,” by CNN’s Ariane de Vogue: “Justice CLARENCE THOMAS intends to amend his financial disclosure forms to reflect a 2014 real estate deal he made with a GOP megadonor — an acknowledgment that the transaction should have been disclosed almost a decade ago, a source close to Thomas tells CNN. … Thomas believed he didn’t have to disclose because he lost money on the deal, according to the source.”

DIFI ON THE ROPES — Over the next 24 hours or so, an ailing Sen. DIANNE FEINSTEIN’s plan to buy time while she recovers from a nasty case of the shingles is likely to evaporate, presenting a whole new round of uncomfortable questions for the California political icon and her frustrated Democratic colleagues.

Feinstein’s suggestion last week that she might temporarily step down from the Senate Judiciary Committee, thus allowing a substitute to continue moving President JOE BIDEN’s judicial nominees to the floor, solved a short-term problem — staving off an avalanche of calls for her to resign after 30 years in Congress.

But — and it’s a big but — Republicans need to sign off on any committee swap, and it’s not looking promising. Expect multiple GOP senators to soon make clear — to reporters in the hallways this evening and inside tomorrow’s party luncheon — that they won’t be playing along.

One senior GOP aide told us this weekend that many Senate Republicans have genuine respect for Feinstein, 89, and many in their ranks have faced medical hardships over the years — the most recent being GOP Leader MITCH McCONNELL, who returns this week after suffering a concussion in a fall last month.

But Republicans are simply loath to be seen helping a Democratic White House confirm liberal judges. In fact, any hopes there might be unanimous consent to make the swap disappeared over the weekend when Sen. TOM COTTON (R-Ark.), a Judiciary member, tweeted that “Republicans should not assist Democrats in confirming Joe Biden’s most radical nominees to the courts.” His office confirmed to Playbook last night that he’ll likely object.

Enter McConnell, who is close with Cotton but has been conspicuously silent on the matter. Schumer will need at least 10 Senate Republicans to consent to the swap — and McConnell will be the person many GOP senators look to for guidance.

We talked to several people who know him well this weekend, and most thought he’ll balk at an exchange, though none of them were certain. While McConnell is protective of his reputation as an institutionalist, they note, he’s also staked his legacy on remaking the federal courts, confirming a record number of conservative judges under President DONALD TRUMP.

“My instinct is he would do everything he could to keep Democrats from stacking the federal judiciary,” one confidant told Playbook. “It would be a little strange for him to grease the wheels to continue to churn out what heretofore has been a pretty high rate of confirmations” for Biden.

A GOP rebuff would leave Feinstein back where she was a week ago — dealing with mounting worries about her ability to show up at the Capitol and vote, on top of the longer-standing concerns about her mental fitness for the job.

Speaking on ABC’s “This Week” yesterday, Sen. AMY KLOBUCHAR (D-Minn.) made clear Dems’ patience would not be unlimited, noting “we are going to need her vote on the Senate floor eventually” and that her return “sure better happen before the debt ceiling vote.”

Majority Leader CHUCK SCHUMER could face some tough decisions if her absence persists but, for now, he’s keeping his powder dry. “I spoke with Sen. Feinstein, and she hopes to be back soon,” he told Playbook in a statement last night.

 

A message from the U.S. Chamber of Commerce:

Today, the single biggest obstacle to building the infrastructure of the future is a broken permitting system. Last month, the U.S. Chamber was joined by nearly 350 organizations—representing virtually every sector of the U.S. economy and every corner of the country—in calling on Congress to Permit America to Build by passing meaningful, durable permitting reform.

 

REPUBLICANS ON THE HOT SEAT — Could a congressional recess have been timed any better for Republicans? Just hours after lawmakers left the Capitol on March 30 for a two-week break, a Manhattan grand jury voted to indict Donald Trump, and the GOP has faced a host of other tough headlines since.

Now that Congress is back, here’s just a few of the stories reporters will be pressing lawmakers on this week:

In the House … Instead of rolling out a budget this week as he once promised, Speaker KEVIN McCARTHY will instead have to answer uncomfortable questions about divisions inside his leadership ranks — including why he’s been trash-talking Budget Chairman JODEY ARRINGTON (R-Texas) while, we hear, asking him to hold off indefinitely on introducing a budget after promising conservatives he’d bring one that balances within 10 years to the floor.

In the Senate … After Trump demanded in a post-indictment rage that Congress defund the Justice Department and FBI, Schumer made quick plans to hold a vote rejecting the suggestion. After absorbing three years of “defund the police” attacks, Democrats are eager to make GOP lawmakers choose between Trump’s vendetta against federal law enforcement and their own back-the-blue rhetoric.

Other controversies still percolating … Trump’s New York indictment … Thomas’s cozy ties with wealthy GOP donor HARLAN CROW … Rep. MARJORIE TAYLOR GREENE (R-Ga.) publicly sympathizing with the man charged with stealing classified documents and leaking them online … Tennessee Republicans moving to unseat two Black state lawmakers for protesting gun violence (while allowing a white lawmaker to keep her seat).

Good Monday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.

 

A message from the U.S. Chamber of Commerce:

Our Permit America to Build campaign kicks off at 8:00 a.m. tomorrow in person at the Chamber. The lineup includes Senate EPW Committee Chairman Tom Carper, Ranking Member Shelley Moore Capito, Representative Scott Peters, American Clean Power CEO Jason Grumet, and other top leaders from industries across the economy including broadband, energy, and transportation. To register, click here.

 

McCARTHY AT THE BIG BOARD — McCarthy will visit the New York Stock Exchange later this morning, delivering a 10 a.m. speech about debt ceiling negotiations — and specifically why any increase to the debt cap needs to be paired with spending cuts. It comes as McCarthy rolls out a GOP proposal that would lift the ceiling until May 2024 while slowing spending growth over 10 years, rolling back student debt relief and federal regulations, and boosting domestic energy production. More from Reuters

We heard the House GOP whip team was working the phones over the weekend — and feeling optimistic. The hope is that by unifying behind a plan and passing it in the coming weeks, McCarthy can strengthen his negotiating stance. But it’s still an open question whether 218 Republicans will come aboard; indeed, some moderates are already privately balking at including work requirements for Medicaid recipients. More from CNN’s Manu Raju

McCarthy is likening his speech to President RONALD REAGAN’s 1985 visit to the New York Stock Exchange, where he laid out a vision for growing the economy. But that comparison is prompting some White House pushback — which includes pointing out to Playbook that Reagan also warned against debt ceiling brinkmanship.

“Interest rates would skyrocket, instability would occur in financial markets, and the Federal deficit would soar,” the Gipper warned in a 1987 address, adding, “The United States has a special responsibility to itself and the world to meet its obligations.”

Said White House deputy press secretary ANDREW BATES this morning: “There is one responsible solution to the debt limit: addressing it promptly, without brinksmanship or hostage taking — as Republicans did three times in the last administration and as Presidents Trump and Reagan argued for in office.”

Related Read:  “Fiscal crisis nears as McCarthy takes debt ceiling plan to Wall Street,” by WaPo’s Tony Romm

CLICKER: So when are we going to hit the X Date? Check out our just-posted debt limit interactive.

THE WEEK AHEAD — Today: House Judiciary Committee holds hearing on crime in Manhattan, aiming to undermine DA ALVIN BRAGGTuesday: Opening arguments in Dominion’s lawsuit against Fox News scheduled to begin after delay; Florida Gov. RON DeSANTIS meets with Republicans on Capitol Hill … Wednesday: MIKE PENCE speaks on energy policy at the Nixon Library; Supreme Court stay of Texas abortion pill ruling expires at midnight … Thursday: Biden hosts Colombian President GUSTAVO PETRO at the White House; CHRIS CHRISTIE holds a town hall in Henniker, N.H. … Friday: Labor Department releases March jobs numbers … Saturday: The Iowa Faith and Freedom Coalition hosts GOP presidential hopefuls at its annual spring kickoff in Clive, Iowa.

BIDEN’S MONDAY — The president will receive the President’s Daily Brief at 9:30 a.m.

THE HOUSE will meet at 2 p.m. to take up several bills. The Judiciary Committee will hold its field hearing on violent crime in Manhattan, meant to needle Bragg in the wake of Trump’s indictment, at 9 a.m. The Rules Committee will meet at 4 p.m. to take up a bill targeting transgender girls and women in female sports and a resolution overturning local police reform in D.C.

THE SENATE will meet at 3 p.m. to take up RADHA IYENGAR PLUMB’s Defense Department nomination, with a cloture vote at 5:30 p.m.

 

GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from April 30-May 3. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.

 
 

PHOTO OF THE DAY

Onlookers watch as SpaceX's Starship, the world's biggest and most powerful rocket, stands ready for launch in Boca Chica, Texas.

Onlookers watch as SpaceX's Starship, the world's biggest and most powerful rocket, stands ready for launch in Boca Chica, Texas, on Sunday, April 16. | Eric Gay/AP Photo

PLAYBOOK READS

MEDIAWATCH

FOX IN THE DOGHOUSE — The massive Fox News/Dominion Voting Systems defamation trial, which was set to begin today, was unexpectedly pushed back last night to tomorrow. Though the judge didn’t provide a reason, he said he’ll make an announcement of the delay this morning. And WSJ’s Erin Mulvaney, Isabella Simonetti and Joe Flint report that Fox is making a last-ditch effort to try to reach a settlement before trial, though there are no details yet on what they’d offer or whether Dominion would be receptive. WaPo confirmed that the search for a possible settlement is the reason for the delay.

“PLEASE Dominion --- Do not settle with Fox!” tweeted GRETCHEN CARLSON. “You’re about to prove something very big.”

Otherwise, the trial will commence with the end of jury selection and opening statements tomorrow. It’s a watershed moment for the country’s most powerful conservative media outlet, the broader news ecosystem, libel law, the First Amendment and the false claims of election fraud that have shaken American democracy for years. Fox has already suffered numerous setbacks in court in the case and a long barrage of embarrassing public revelations surrounding its coverage after the 2020 election. But American law has a very high bar for successful defamation suits. And there’s already chatter that this could end up before the Supreme Court.

“[T]here is another fundamental question the case raises,” writes NYT’s Jeremy Peters from Wilmington, Del.: “Will there be a price to pay for profiting from the spread of misinformation?” This case could provide a rare moment of public reckoning. Fox denies wrongdoing.

DEVINE RIGHT — The N.Y. Post’s MIRANDA DEVINE is in talks to write a biography of TUCKER CARLSON, Semafor’s Max Tani reports in an interesting look at one of the rising stars of the Murdoch empire. The 61-year-old is “a second-generation Murdoch loyalist who left Australia under controversial circumstances just four years ago, and has rapidly then become a major voice in American right-wing politics,” in part by managing to break a fair amount of news interwoven with her polemics (and her scandals).

2024 WATCH

FIRST IN PLAYBOOK — Vivek Ramaswamy’s presidential campaign is announcing several new big hires: Brian Swensen as national political director, Matt Oczkowski as head of data analytics, Josh Robinson as early state director and Brock McCleary and Brent Buchanan as chief pollsters. Several of them are notable Trump and/or DeSantis alumni.

VEEPSTAKES — “Trumpworld Abuzz About Potential VP Pick — And The Qualities Trump’s Looking For,” by the Daily Caller’s Diana Glebova: “Trump is likely to pick a vice presidential candidate that is ‘ideologically aligned’ with him, has ‘charisma’ and is ‘loyal,’ Trump insiders told the Daily Caller. … Trump will likely choose a female … [KARI] LAKE, who lost the Arizona gubernatorial election, will likely not be Trump’s pick despite the rumors, [an] official supporting Trump’s campaign said. … One name that hasn’t been talked about enough is Republican Missouri Sen. JOSH HAWLEY, [said a] consultant close to the campaign.”

MORE POLITICS

FALLING FLAT — Under-the-radar school board elections in Illinois and Wisconsin this month saw notable losses for conservative candidates who campaigned on culture-war issues around race, gender identity and parental involvement, Juan Perez Jr. reports this morning. In suburban areas, Democrats and teachers’ unions are trumpeting their successful pushback, which they attribute to a coordinated effort “to identify and support candidates who wield an affirming pro-public education message — and depict competitors as hard-right extremists.”

THE NEW LANDSCAPE — “Washington used to abhor talking about mental health. No more,” by Myah Ward: “The reaction has been, overall, a shocking and pleasant surprise to [Sen. JOHN] FETTERMAN’s team, which worried about their boss and felt anxious about how the public would respond to revelations that he has depression. What they and others have discovered is that the country is increasingly open about it. And that the politics are changing around it.”

PRIMARY COLORS — “Biden adviser resigns to prepare for House bid in Rhode Island,” by WaPo’s Michael Scherer: “GABE AMO will join what’s expected to be a crowded field of Democrats hoping to replace retiring Rep. DAVID N. CICILLINE.”

CONGRESS

ON THE MAT — NYT’s Luke Broadwater has a big profile of Rep. JIM JORDAN (R-Ohio) and his rise to power, where he’s unafraid to pick fights and build his reputation on aggressive tactics against political enemies. Broadwater also digs up new details of how Jordan navigated the sexual abuse scandal at Ohio State a few years ago, including “calling a wrestler’s aging parents and asking them to persuade their son to back off the charge that Mr. Jordan knew about the abuse and did nothing.” In more than a dozen years, he “has not been the lead sponsor of a single bill that became law … But he measures success in other ways. No single member of Congress has done more to push House Republicans to the right.”

REALITY CHECK — “McCarthy’s pitch to shrink food aid drawing skepticism from fellow Republicans,” by Meredith Lee Hill

JUDICIARY SQUARE

SCOTUS WATCH — “Supreme Court considers Christian mail carrier’s refusal to work Sundays,” by Reuters’ Andrew Chung: “An evangelical Christian former mail carrier’s fight with the U.S. Postal Service over his refusal to work on Sundays gives the Supreme Court another chance to widen religious rights but also has led to a debate over whether religious people are more legally deserving than others to weekend days off from work.”

FALL FROM GRACE — “Andrew Gillum was almost elected Florida governor. Now he’s on trial in federal court,” by the Miami Herald’s Lawrence Mower

WAR IN UKRAINE

FROM JACK THE DRIPPER TO DONBAS GIRL — The story of the U.S. intelligence megaleak keeps getting weirder. WSJ’s Yaroslav Trofimov and Bob Mackin report that “Donbass Devushka,” who commands a mini-empire of pro-Russian social media and other outlets, is actually SARAH BILS, a 37-year-old in Washington state who was a U.S. Navy noncommissioned officer until just a few months ago. And her Telegram account played a key role in spreading the leaked documents to a wider audience online, though there’s no indication that Bils herself stole classified info.

In an interview, Bils says she’s one of 15 people worldwide helping to run Donbass Devushka (translation: Donbas Girl), which glorifies Russian President VLADIMIR PUTIN’s war on Ukraine to a big audience of English-language followers and aims to conduct “information warfare.” She claims that a different administrator was the one who shared the leaked documents. NAFO’s Pekka Kallioniemi was the first to identify Bils this weekend.

Speaking of information warfare … Among the revelations from the leaked Discord documents is the news that Russian bots have gotten way better at avoiding detection by social media platforms and search engines (or so they claim). WaPo’s Joseph Menn scoops that Russians brag they’re caught only about 1% of the time — though experts say that may be an exaggeration.

More loose lips: The L.A. Times’ Nabih Bulos, Terry Castleman and Tracy Wilkinson report that the documents show Israel and South Korea, among others, dragging their feet on providing support to Ukraine even in the face of U.S. cajoling. “[T]he documents shed light on the Biden administration’s difficulties in getting material help from Israel, Egypt and South Korea, for whom loyalty to the U.S. is balanced by a perceived need to refrain from offending Russia.”

BEYOND THE BELTWAY

ON DEATH ROW, PART I — “DeSantis wants to make it easier to execute criminals — with an eye toward SCOTUS,” by Gary Fineout in Tallahassee, Fla.: “At the Republican governor’s urging, Florida’s GOP-controlled Legislature last week agreed to repeal a law that requires a unanimous jury verdict to sentence a defendant to death … State legislators will also soon allow the death penalty to be imposed on someone convicted of raping a child despite a narrowly-decided U.S. Supreme Court decision from 2008 that found such punishments unconstitutional.”

ON DEATH ROW, PART II — “Inmate stuck on U.S. death row despite vacated death sentence,” by AP’s Michael Tarm in Chicago: “A federal judge in Indiana ruled in 2019 that the 49-year-old has an IQ in the range of severe intellectual disability and so cannot be put to death. But four years on, the Justice Department and the Federal Bureau of Prisons haven’t moved him to a less restrictive unit or different prison.”

ONE TO WATCH — “Iowa to spend millions kicking families off food stamps. More states may follow,” by WaPo’s Kyle Swenson in Tama, Iowa

IN THE BIG APPLE — “Trump’s House GOP allies take fight to Manhattan DA’s turf,” by AP’s Michael Sisak

 

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.

 
 
PLAYBOOKERS

Bill Hagerty endorsed Donald Trump for president.

Adam Schiff is trouncing Katie Porter and Barbara Lee in the money race.

OUT AND ABOUT — The U.S. Senate Press Secretaries Association took its annual trip last week to NYC, where both Democratic and Republican comms staffers met with media outlets, Google, the U.N. and the NFL, and rang the closing bell at the New York Stock Exchange on Friday. SPOTTED: Tom Brandt, Stacey Daniels, Natalie Yezbick, Ryann DuRant, Ty Bofferding, Caroline Anderegg, Evan Dixon, Gabi Garcia, Natasha Dabrowski, Abegail Cave, Celia Olivas, Kylie Nolan, Dave Vasquez and Kaily Grabemann.

FIRST IN PLAYBOOK — Kelly Laco has been appointed executive editor for politics at DailyMail.com. She previously was politics editor at Fox News Digital.

Kyle Sanders is joining Thorn Run Partners starting today. He previously was deputy chief of staff for Sen. Thom Tillis (R-N.C.).

TRANSITIONS — Leela Najafi is leaving Schumer’s office, where she’s been nominations director and helped oversee hundreds of nominees getting confirmed by the Senate. She’s joining a startup financial firm in NYC. … Lem Smith is joining Chevron to work on its international and federal affairs portfolio and to lead the D.C. office on federal and international tax matters. He currently is VP of federal government relations at the American Petroleum Institute. …

… Tyler Evans is now a design coordinator at the International Brotherhood of Teamsters. He previously was design director with Sen. Bernie Sanders’ (I-Vt.) Senate campaign committee. … Samantha Russell is now a research analyst at the Financial Technology Association. She previously was a policy adviser at the House Rules Committee.

WEEKEND WEDDING — Scott Bennett, senior associate director of government affairs and public policy – animal health at Boehringer Ingelheim, and Sarah Brown, head of public affairs at BASF Agricultural Solutions North America, got married Saturday at the D.C. War Memorial, with a reception at the Monocle. They met while working together for the American Farm Bureau Federation. Pic

HAPPY BIRTHDAY: Montana Gov. Greg Gianforte … Rep. Guy Reschenthaler (R-Pa.) (4-0) … Dean Lieberman of the White House … CNN’s Jim Acosta … NYT’s Julie Hirschfeld Davis … POLITICO’s Angelica Botlo, Jeffrey Horst, Andres Picon and Ev Crunden Chris DurlakShaunna Thomas of UltraViolet … Leslie Dach of Protect Our Care … Dickinson Wright’s Jim TyrrellJane Oates of WorkingNation … Greg LemonJackie Whisman of the Information Technology and Innovation Foundation … Dylan Peachey of the House Ways and Means Committee (3-0) … Jennifer LaTourette … Axios’ David LindseyJessica Ehrlich Cecile RohwedderJon SimonsEd GilroySean DaltonEric Sayers of Beacon Global Strategies … Ken JostMarty Obst of MO Strategies … former Rep. George Holding (R-N.C.)

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