| | | | |  | | By Ryan Lizza, Rachael Bade and Eugene Daniels | | | With help from Eli Okun and Garrett Ross
| 
Former President Donald Trump sits at the defense table with his lawyers during his arraignment on Tuesday, April 4. | Pool photo by Seth Wenig | | | | |  | DRIVING THE DAY | | | LEFT TURNS — More-liberal candidates notched big victories in two closely watched elections that could have ramifications for the direction of both parties ahead of a critical election year. In Chicago: Progressive BRANDON JOHNSON edged out a win over his moderate opponent, PAUL VALLAS, in the Chicago mayoral race. Johnson will now aim “to bring together a city divided by race and a view on how best to quell persistent crime, a subject that loomed over the months-long campaign,” our colleague Shia Kapos writes. … Read the local coverage, via the Chicago Sun-Times … See the full results In Wisconsin: Liberal judge JANET PROTASIEWICZ handily beat her conservative opponent, DANIEL KELLY, in the Wisconsin Supreme Court race last night, tipping the court’s ideological balance as it prepares to hear an important abortion case and take up redistricting in the state, our colleague Zach Montellaro writes. … Read the local coverage, via the Milwaukee Journal Sentinel … See the full results THE BIG PICTURE — At the end of DONALD TRUMP’s second impeachment trial, MITCH McCONNELL, who voted to acquit Trump, explained his reasoning: “President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run, still liable for everything he did while in office, didn’t get away with anything yet — yet. “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.” That accountability process began in earnest yesterday with Manhattan DA ALVIN BRAGG’s indictment, and it will accelerate in the coming months as civil and criminal cases in New York, Georgia and Washington, D.C., move forward. This is precisely what the top Senate Republican argued should happen back in early 2021. Yesterday, a former president was indicted for the first time and despite a lot of alarmist rhetoric, the world didn’t end. INSIDE THE INDICTMENT: Reading the charges and the accompanying statement of facts, we were were struck by two things: 1. Even though we’ve all been living with this story since 2018, take a moment to appreciate the absurd tabloid nature of it all. This trial will have one of the most comical cast of characters imaginable:
- STORMY DANIELS: A porn star and director with nicknames for her breasts— Thunder and Lightning — whom Trump paid $130,000 to keep their alleged affair under wraps. (She said they had sex one time and compared his privates to fungus.)
- KAREN McDOUGAL: A Playboy model who was paid $150,000 to keep quiet about an alleged long-term affair said to have started after Trump filmed “Celebrity Apprentice” at the Playboy Mansion.
- DINO SAJUDIN: A doorman who was paid $30,000 to keep quiet about a story of a Trump love child that later turned out to be fake.
- DAVID PECKER: A media executive who was publisher of the National Enquirer — recent headline: “UFOs SHOOT DOWN AMERICAN MISSILES!” — which agreed to act as the “eyes and ears” for the Trump campaign by purchasing and burying negative stories during the 2016 campaign.
- MICHAEL COHEN: Trump’s ex-lawyer and “fixer” who went to prison for perjury and tax fraud and will be the prosecution’s star witness
|  POLITICO illustration/Photo by Getty Images | 2. More seriously, the indictment includes answers (and some more questions) about three big legal hurdles for Bragg:
- How do misdemeanors become felonies? New York state law says faking business records is a misdemeanor, but faking them to cover up a “crime” is a felony. Throughout 2021, prosecutors in the Manhattan DA’s office puzzled over whether that “crime” had to be another state offense or if a federal crime could trigger the escalation. Bragg is getting around this ambiguity by alleging that Trump violated both state and federal campaign finance laws, as well as unspecified tax laws, which could also include both state and federal violations. Regardless, Trump’s lawyers will attack this theory and Bragg’s refusal (so far) to detail the underlying crimes.
- Why pay hush money? Legal analysts have been skeptical that Trump violated campaign finance laws with the payments to Daniels. Isn’t it more likely he was trying to keep their affair private because it would embarrass him and hurt his marriage? But Bragg specifically argues Trump acted to “benefit [his] electoral prospects” — alleging that his relationship with the National Enquirer was strictly about influencing the 2016 campaign and that Trump “instructed” Cohen “that if they could delay the payment [to Daniels] until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public.”
- Are Bragg’s witnesses credible? Trump and his allies have long attacked Cohen, in particular, as unreliable. Bragg makes it clear in court papers that Cohen’s word alone will not be the key to the case. He frequently backs up Cohen’s testimony with corroborating evidence. Read the full indictment
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Explore 30+ tools. | | | BUT, BUT, BUT: Despite Bragg’s efforts to plug these legal gaps, the consensus of the legal punditocracy was that they were underwhelmed by the case. The same goes for many Trump skeptical Republicans, with Utah Sen. MITT ROMNEY leading the way with this statement: “I believe President Trump’s character and conduct make him unfit for office. Even so, I believe the New York prosecutor has stretched to reach felony criminal charges in order to fit a political agenda. No one is above the law, not even former presidents, but everyone is entitled to equal treatment under the law. The prosecutor’s overreach sets a dangerous precedent for criminalizing political opponents and damages the public’s faith in our justice system.” Trump was paying close attention. During remarks last night at Mar-a-Lago, he repeatedly alluded to these reactions from liberals and never Trumpers — though we wonder: Will those presently underwhelmed feel the same way when and if Trump is charged for his more recent and impactful conduct surrounding the 2020 election aftermath? Quite possibly not. BTW: No word yet from McConnell about the case. MORE FROM POLITICO: Our colleagues delivered tons of coverage unpacking every aspect of this momentous day in U.S. political history, starting with Josh Gerstein’s must-read guide to the documents released by the DA’s office yesterday: “The new revelations — and key questions — in the Trump indictment” The scene at Mar-a-Lago: “With an ‘arraignment party,’ Trump jolts his campaign,” by Meridith McGraw, Natalie Allison and Alex Isenstadt in Palm Beach, Fla.: “Tuesday, in a way, was like a campaign relaunch. … It underscored the central paradox of Trump’s political career: His standing benefits from the crises he endures. ‘We’re back to all Trump all the time,’ said former House Speaker and past presidential candidate NEWT GINGRICH.” The party fault line: “While Trump’s base rallies, the GOP fractures,” by Sally Goldenberg: “At a rally for Trump in New York, the Republicans who didn’t show up said as much about the modern GOP as those who did.” Photo story: “The Day Donald Trump Surrendered,” by Sydney Gold, with photographs by Yunghi Kim Clicker: “Trump Is Not Ready For His Closeup,” by Calder McHugh: “Trump avoided taking a mug shot during his arraignment in New York. Over the years, other politicians charged with crimes haven’t been so lucky.” Good Wednesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
| | | | A message from Instagram:   | | | MORE TRUMP READS Straight from the source: “Stormy Daniels on the Trump Indictment and What Really Happened in That Nevada Hotel Room,” by Vogue’s Maya Singer: “Stormy is not exactly eager to revisit the tale, but she’s canny enough to realize that if she doesn’t speak up, in the wake of the indictment, her silence will be filled by yet more chatter diminishing her as a fame-seeking, gold-digging porn star out to take down one of the world’s most powerful men. “‘My name is in the news again, so my merch sales are up — it’s natural, but the way it gets talked about is, like, I’m doing a marketing campaign,’ she points out with a sigh. ‘Meanwhile, he’s out there raising millions of dollars for his campaign on the back of this.…’ She perceives a double standard. It pisses her off.” On the scene: “Waiting, whistling and trampling: The Trump spectacle feeds on itself,” by WaPo’s Ruby Cramer The legal view: “Case Against Donald Trump Leaves Defense Ample Openings, Say Legal Authorities,” by WSJ’s Jacob Gershman and Joe Palazzolo The political impact: “‘All Trump’: Former president’s indictment puts GOP rivals in an awkward position,” by McClatchy’s Alex Roarty The media angle: “Trump’s arraignment day a throwback for news outlets,” by AP’s David Bauder The federal case: “Appeals court rejects Trump’s bid to block aides from testifying in Jan. 6 probe,” by Kyle Cheney The other side of justice: “Most New Yorkers Don’t Get the Trump Treatment at Arraignment,” by The Marshall Project: “We asked people what the experience is like when you’re not a high-profile White defendant, arrested for a white collar crime, with access to top-flight lawyers, campaign donors, crowds of well-wishers and supporters.” The front pages: Time magazine … NYT … WaPo … New York Post … WSJ The top analysis:
The top opinions:
SCENES FROM ARRAIGNMENT DAY
|  A TV in the White House Briefing Room shows Fox News' coverage of Trump's arraignment. | Kevin Dietsch/Getty Images | |  Trump arrives to the courthouse on Tuesday. | AP | |  Trump sits in the courtroom. | Pool photo by Andrew Kelly | |  This courtroom artist sketch depicts Trump pleading not guilty, as his attorney Joseph Tacopina watches. | Elizabeth Williams via AP | |  Reps. Matt Rosendale (R-Mont.) and Matt Gaetz (R-Fla.) wait for Trump's remarks at Mar-a-Lago. | Francis Chung/POLITICO | |  The crowd at Mar-a-Lago. | Francis Chung/POLITICO | |  Trump leaves the stage after addressing supporters at Mar-a-Lago. | Francis Chung/POLITICO | | | PRESIDENT JOE BIDEN’S WEDNESDAY:
9:30 a.m.: The president will receive the President’s Daily Brief.
Noon: Biden will have lunch with VP KAMALA HARRIS.
THE HOUSE and SENATE are out. | | | | | | 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. | | | | | | | PLAYBOOK READS | | MORE POLITICS ON THE ROAD — Our colleague David Siders has his latest “Road Trip” dispatch for POLITICO Magazine, with a San Francisco dateline: “‘The Label’s Actually Part of the Problem’”: Do Democrats care whether a candidate is ‘progressive’? California’s Senate race shows that the party’s politics, and its labels, are shifting.” WHAT TEAM MANCHIN IS READING — “Club for Growth moves to stop Jim Justice for Senate coronation,” by Ally Mutnick: “The conservative anti-tax group had vowed earlier to oppose Justice should he enter the Senate race. Their endorsement of [Rep. ALEX] MOONEY came on the same day that PATRICK MORRISEY, the state’s attorney general, announced he would run for governor instead of making another run for Senate.” THE WHITE HOUSE WHAT BIDEN WAS DOING YESTERDAY — “Biden says tech companies must ensure AI products are safe,” by AP’s Zeke Miller CONGRESS CODEL INCOMING — “McCarthy, Jeffries to visit Israel this month,” by Jewish Insider’s Marc Rod: “[Speaker KEVIN] McCARTHY is set to visit the Jewish state between April 30 and May 2, while [House Minority Leader HAKEEM] JEFFRIES will visit between April 22 and 24, according to two people familiar with the planning for the trips. The visits appear to be the first foreign travel for the new House speaker and minority leader since taking office earlier this year.” JUDICIARY SQUARE GITMO LATEST — “Appeals Court Punts on Due Process Rights for Guantánamo Detainees,” by NYT’s Charlie Savage and Carol Rosenberg PRYING OPEN THE COURTHOUSE DOOR — “Protesters fight to sue the government over Lafayette Square attack,” by WaPo’s Ellie Silverman ANOTHER CONVICTION — “Jan. 6 rioter who said he was following Trump’s ‘marching orders’ and wanted to arrest Biden and Pelosi is found guilty,” by NBC’s Ryan Reilly POLICY CORNER THE PERSISTENT PANDEMIC — “F.D.A. Plans to Allow a Second Updated Covid Booster for Vulnerable Americans,” by NYT’s Noah Weiland and Sharon LaFraniere MEET THE NEW BOSS — “New IRS leader promises faster, easier tax filing process,” by AP’s Fatima Hussein
| | | | A message from Instagram:   | | | AMERICA AND THE WORLD DEVELOPING OVERNIGHT — “Violence at Jerusalem mosque prompts fears of wider fighting,” AP’s Mahmoud Illean and Fares Akram DANCE OF THE SUPERPOWERS — “China is ghosting the United States,” by Nahal Toosi, Phelim Kine and Erin Banco: “Beijing’s current aversion to sustained high-level engagement underscores the particularly fraught nature of U.S.-Chinese relations over the past few months. What was a two-sided desire to stabilize an increasingly volatile relationship is becoming much more about Washington reaching out and the Chinese government demurring.” Related reads: “China’s New Tech Weapon: Dragging Its Feet on Global Merger Approvals,” by WSJ’s Lingling Wei and Asa Fitch … “Macron heads to China for delicate talks on Ukraine, trade,” by AP’s Sylvie Corbet TENSION OVER TAIWAN — “Taiwan’s President Quietly Met With U.S. Senators Ahead of Kevin McCarthy Sit-Down,” by WSJ’s Lindsay Wise in Washington and Joyu Wang in Taipei: “The meeting with Republican Sens. DAN SULLIVAN of Alaska, JONI ERNST of Iowa and Democratic Sen. MARK KELLY of Arizona was disclosed just as Taiwanese President TSAI ING-WEN and the Biden administration are heading into the most pivotal event in her closely watched travels through the U.S.” Tsai is set to meet with McCarthy today. Related reads: “Glenn Youngkin, once skeptical of trade missions, plans trip to Taiwan,” by WaPo’s Laura Vozzella … “For McCarthy and Taiwan’s leader, visit marks historic first,” by AP’s Lisa Mascaro GERSHKOVICH LATEST — WSJ publisher ALMAR LATOUR and editor in chief EMMA TUCKER yesterday shared an update on EVAN GERSHKOVICH, the WSJ reporter imprisoned by the Russian government: “Evan’s lawyers were able to meet with him in prison today. They said Evan’s health is good, and he is grateful for the outpouring of support from around the world. We stand with Evan and continue to call for his immediate release,” they wrote. “His imprisonment is wholly unjustified and an attack on a free press. We are doing everything in our power to bring Evan home safely and will not rest until he is reunited with his family.” Read the full statement Related reads: “U.S. Readies ‘Wrongfully Detained’ Label for Reporter Held in Russia,” by WSJ’s Vivian Salama and Andrew Restuccia … “He Told Their Stories of Repression. Now They Are Telling His” by NYT’s Anton Troianovski PUTIN LOSES A LIEUTENANT — “‘He’s a war criminal’: Elite Putin security officer defects,” by AP’s Erika Kinetz ZELENSKYY BRIEFS GOVERNORS — Ukrainian President VOLODYMYR ZELENSKYY held a Zoom conversation yesterday with the National Governors Association, telling the nearly 40 governors from across the country in the call that Ukraine “is your last frontier, your last reliable border,” and that “if Ukraine endures, Europeans, your allies and partners, endure as well.” NGA Chair PHIL MURPHY of New Jersey and Vice Chair SPENCER COX of Utah reaffirmed their support for Ukraine’s sovereignty. Pic BEYOND THE BELTWAY GUNS IN AMERICA — “‘Not if, but when’: Mass shootings change what it means to be a mayor in America,” by Alexander Nieves and Lara Korte in Monterey Park, Calif.: “POLITICO spoke with six mayors whose communities were affected by mass shootings. They told us about their experience facing tragedy — and how those moments changed them and their cities.” CAUGHT UP IN THE CULTURE WARS …
MEDIAWATCH FOX IN THE DOG HOUSE — “Tucker Carlson, Sean Hannity among prominent Fox hosts, execs set to take stand at defamation trial,” by CNN’s Marshall Cohen and Kate Trafecante: “The right-wing network told the judge it ‘intends to make available’ these people to testify in-person. Fox will call these witnesses as part of their defense, but Dominion also wants to question them as part of their case. The list includes Fox TV hosts TUCKER CARLSON, MARIA BARTIROMO, SEAN HANNITY, and BRET BAIER, as well as Fox News CEO SUZANNE SCOTT and President JAY WALLACE.”
| | | | 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 | | Rupert Murdoch and Ann Lesley Smith have broken off their engagement. Jill Biden is set to represent the White House at King Charles III’s coronation. Patrick Leahy will be the new namesake of the Burlington, Vt., airport. Chris Murphy greeted the national champion UConn Huskies on the Bradley International Airport tarmac. Jeff Bezos isn’t out of the hunt for the Washington Commanders, per Puck’s Theodore Schleifer. PLAYBOOK REAL ESTATE SECTION — The longtime Alexandria, Va., home of former President John F. Kennedy and Jacqueline Kennedy’s personal private secretary, Mary Barelli Gallagher, is listed on Zillow for $999,000. The posting notes that “Mrs. Kennedy and her children Caroline and John John spent endless hours here- quite often on Wednesdays to enjoy normalcy away from the White House.” OUT AND ABOUT — Sally Quinn hosted a dinner party to celebrate Bob Woodward’s 80th birthday Monday night at her Georgetown home, which featured a beet and goat cheese salad, roast chicken and strawberry birthday shortcake from the 1310 restaurant at the Georgetown Inn. Woodward’s wife Elsa Walsh sang the song “I Love You More Today Than Yesterday” and a lot of people gave toasts at the party, which went on until after 11:30 p.m. Woodward went around the room saying something nice about his old friends in attendance and what they meant to him. Quinn also passed out copies of the lyrics to Dionne Warwick’s “That’s What Friends Are For” and after finding out that waiter Chris London was an opera singer, London led everyone to sing that song to Woodward and Walsh. Carl Bernstein couldn’t attend because of a longstanding speaking engagement, but Quinn read part of a toast from him. SPOTTED: Brendan and Lila Sullivan, Dan Silva and Jamie Gangel, Cameron Barr and Shar Taylor, Bob Barnett and Rita Braver, John Feinstein, Andy Lack and partner Bella, Cheryl Haywood and Dan Phillips, David Shipley and Elizabeth Rubin, Redmond Walsh, Tali Woodward, Judy and Peter Blum Kovler, Quinn Bradlee, Ted and Lady Olson, Claire McMullen, Josh Horwitz and Ericka Markman, and Martha Sherill and Bill Powers. — SPOTTED at a party yesterday celebrating Sally Susman’s new book, “Breaking Through” ($25.15), hosted by Melissa Moss, Jonathan Silver, Steve Elmendorf, Philip DuFour and Hilary Rosen: Rep. Debbie Dingell (D-Mich.), Robin Canter, Sheila Johnson, Jonathan Capehart and Nick Schmit, Linda Douglass and John Phillips, Juleanna Glover, Stephanie Cutter, Josh Bolten, Tim Shriver, Roy Neel, Mike Allen, Jane Mayer, Steve Clemons, Pete Rouse, Cathy Merrill, Carol Melton, Megan Beyer and Bruce Andrews. FIRST IN PLAYBOOK — The Energy Department is announcing a slate of new hires: Alexa Bishopric will be a special assistant in the Office of Electricity, Kerri Ebanks will be a digital content manager in the Office of Public Affairs, Claire Gibbs will be a special assistant to the chief of staff in the Office of the Secretary, Paige Nygaard will be an adviser in the Office of Energy Efficiency and Renewable Energy, Lino Peña-Martinez will be a special assistant in the Office of Energy Jobs, Juaquín Robles will be a digital content manager in the Office of Public Affairs, and Samah Shaiq will be deputy press secretary in the Office of Public Affairs. BLUNT TALK — Former Missouri GOP Sen. Roy Blunt is joining Husch Blackwell Strategies as chair of a new advisory group, he told our colleague Burgess Everett in an exclusive interview, where he will offer the same kind of counsel that he gave House speakers and Senate GOP Leader Mitch McConnell for decades. TRANSITIONS — Michelle Lane is now staff director for the House Natural Resources Oversight and Investigations Subcommittee GOP. She previously was VP of government relations at the National Park Foundation. … Bryan Shuy is now SVP at the Conafay Group. He previously was chief of staff for Rep. Andy Harris (R-Md.), and is a Trump HHS and Nancy Jacobs alum. … Paul Iskajyan is now press secretary for Rep. Scott Peters (D-Calif.). He most recently was deputy comms director for Rep. Carolyn Maloney (D-N.Y.). … … Rachel Portman is now a policy adviser at DLA Piper. She previously was deputy health policy director for the Senate HELP Committee for former Sen. Richard Burr (R-N.C.). … Jon Decker is now president of Viante and will be overseeing its transition from a state think tank to a national policy organization. He previously was executive director at the Committee to Unleash Prosperity. … Cesar Toledo will be deputy director of Democrats for Education Reform D.C. He previously was political director for the LGBTQ+ Victory Fund. HAPPY BIRTHDAY: CDC Director Rochelle Walensky … WaPo’s Annie Gowen … Matt Gertz of Media Matters … Mary Katharine Ham … CNN’s Dan Berman … POLITICO’s David van Veen … Jacqueline Usyk … UAW’s Eric Heggie … PBS NewsHour’s Sam Lane and Yasmeen Alamiri … Jesse Rifkin … NYT’s Jill Rayfield … DLCC’s Leslie Martes … Shea Miller … Josh Culling of Dezenhall Resources … Sarah Horvitz of Bully Pulpit Interactive … PayPal’s Howard Wachtel … former FCC Chair Tom Wheeler … former Reps. Peter King (R-N.Y.), Katherine Harris (R-Fla.) and Reid Ribble (R-Wis.) … Terry Szuplat … Adham Sahloul … Luke and Brian Principato … Benjamin Rosenbaum … Rory Heslington of Autos Drive America (4-0) … John Diamond … Adam Rubenstein … Heather Hopkins of Amazon Web Services … Miles Lichtman of the House Select Subcommittee on the Coronavirus Pandemic 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. Corrections: Yesterday’s Playbook misspelled Meridith McGraw’s name.
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