| | | | |  | | By Eugene Daniels, Rachael Bade and Ryan Lizza | | | With help from Eli Okun and Garrett Ross
| 
The Wall Street Journal published an op-ed from Supreme Court Justice Samuel Alito last night accusing ProPublica of leveling “false charges.” | Chip Somodevilla/Getty Images | | | | |  | DRIVING THE DAY | | | BREAKING OVERNIGHT — “Underwater noises heard in frantic search for submersible missing with 5 aboard near Titanic,” AP WILL HE OR WON’T HE? — “‘Terrible idea’: Fellow Dems try to stop Manchin’s presidential flirtation,” by Burgess Everett: “Many are skeptical he’ll mount a third-party White House bid. They also fear it could hand the GOP both the Senate and the White House if he does.” TSK TSK TSK — “China says Biden comments calling leader Xi a dictator ‘extremely absurd and irresponsible,’” per the AP: “Foreign Ministry spokesperson MAO NING said [President JOE] BIDEN’s comments at a fundraiser in California ‘go totally against facts and seriously violate diplomatic protocol, and severely infringe on China’s political dignity.’” ALITO’S TURN — Just before midnight, ProPublica dropped its latest investigation into a Supreme Court justice’s questionable acceptance of lavish gifts from wealthy benefactors, another major scoop from reporters Justin Elliott, Joshua Kaplan and Alex Mierjeski that is well summarized by its headline: “Justice SAMUEL ALITO Took Luxury Fishing Vacation With GOP Billionaire Who Later Had Cases Before the Court.” But what’s especially notable about this new SCOTUS bombshell is what preceded it: An attempt by Alito himself to front-run ProPublica’s reporting and spin the story in his favor. The reporters requested comment on the June 2008 trip from Alito on Friday, and yesterday, according to their story, “the Supreme Court’s head spokeswoman told ProPublica that Alito would not be commenting.” Hours later, the Wall Street Journal published an op-ed from Alito titled “ProPublica Misleads Its Readers,” accusing the organization of leveling “false charges” about the nature of the trip and justices’ obligations to disclose gifts and recuse themselves from potential conflicts of interest. — Alito argues in the piece that he had no need to recuse himself because he had never “discussed the activities of his businesses” with the billionaire on whose plane he flew, PAUL SINGER, and that he was unaware that Singer had any connection to the corporate entities who later ended up before the Supreme Court (winning, with Alito’s support). He further suggested the plane ride was of no great consequence since Singer “allowed me to occupy what would have otherwise been an unoccupied seat.” — As for disclosing the gifts associated with the trip — which included not only the flight but room and board at Alaska’s pricey King Salmon Lodge comped by then-owner ROBIN ARKLEY, who like Singer is a prolific donor to conservative legal causes — Alito cited the court’s practice at the time and definitions from Black’s Law Dictionary and Random House Webster’s Unabridged Dictionary to argue that transportation is encompassed in the word “facilities.” His defense is, in a word, lawyerly. ProPublica’s story, on the other hand, is devastating in its broad strokes. Like ProPublica’s previous SCOTUS stories, the core issue here is what rules the nine justices, who currently operate as the final arbiters on prickly issues that define American life, should have to follow themselves. Most any other federal employee is prohibited from accepting anything but the smallest of gifts due to ethical concerns. ProPublica’s revelations, particularly involving Justice CLARENCE THOMAS and his relationship with billionaire HARLAN CROW, have revealed in stark detail how the justices essentially answer to no one on ethical issues. In that context, Alito’s op-ed comes off as small and bickering, particularly in contrast to the facts laid out in the story: Experts told ProPublica that rules at the time clearly required disclosure for gifts of travel, and the reporters found at least six examples of other federal judges disclosing gifts of private jet travel in recent years. ProPublica declined to comment to Playbook on Alito’s op-ed ahead of their story’s publication. The authors quote Georgetown law professor ABBE SMITH, an expert on legal and judicial ethics: “If she were representing a client and learned the judge had taken a gift from the party on the other side, Smith said, she would immediately move for recusal. ‘If I found out after the fact, I’d be outraged on behalf of my client,’ she said. ‘And, frankly, I’d be outraged on behalf of the legal system.’” Good Wednesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
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Explore more possibilities with the metaverse. | | | THE GANG THAT COULDN’T MESSAGE STRAIGHT — After months of failing to get much traction with their Biden family probes, House Republicans finally appeared to be singing from the same hymnal yesterday following the bombshell news about HUNTER BIDEN’s plea deal. Speaker KEVIN McCARTHY and top GOP investigative chairs joined conservative hard-liners in casting the DOJ agreement as a “sweetheart deal” that stands in contrast to the 37-count indictment federal prosecutors are now pursuing against DONALD TRUMP. The messaging mind-meld didn’t even last 12 hours. Rep. LAUREN BOEBERT (R-Colo.) announced last night that she would force a vote this week to impeach Biden. Not to be outdone, her rival Rep. MARJORIE TAYLOR GREENE (R-Ga.) told our colleague Olivia Beavers that she, too, would force votes on impeachment resolutions she’s filed against Biden and members of his Cabinet. Privately, many Republicans are cringing, worrying that the snap impeachment votes are waaay premature and could easily turn the national focus away from allegations of a “weaponized” Justice Department to a divided Republican Party at odds over ousting Biden. For those of us who covered the House during the Trump years, the wildcat impeachment votes triggered flashbacks to Rep. AL GREEN’s (D-Texas) efforts to oust Trump well before Democratic leaders were ready to proceed down that road. At the time, Democrats joined with Republicans to table Green’s articles, and senior Republicans told Playbook last night that they expect a similar bipartisan dynamic this time around (though some weren’t entirely sure). What’s certain is that the vote will subject rank-and-file Republicans to an uncomfortable choice: supporting a threadbare impeachment or exposing themselves to attacks from the right — and potential primary threats. Meanwhile, Republican committee chairs are hoping to reclaim the narrative by redoubling their efforts to substantiate their far-reaching allegations that law enforcement has given the Biden family preferential treatment.
- Ways and Means Chair JASON SMITH (R-Mo.) announced yesterday that panel members will be able to review sensitive documents Thursday that deal with the IRS probe of Hunter Biden, who is set to plead guilty to a pair of misdemeanor tax charges. Those documents reportedly include information pertaining to allegations of political interference.
- Oversight Chair JAMES COMER (R-Ky.) and Judiciary Chair JIM JORDAN (R-Ohio) are huddling to determine next steps on probing the Hunter Biden plea deal. The Trump-appointed U.S. attorney overseeing the probe, DAVID WEISS, has indicated that the case remains “ongoing” despite the plea, meaning the DOJ may continue rebuffing Hill oversight of the case. But before investigators fire off subpoenas, Republicans might want to hear from Weiss personally about whether another Hunter investigation is still in the works.
- And former special counsel JOHN DURHAM testifies later today before the House Judiciary Committee, his first public appearance since wrapping up his probe into law enforcement wrongdoing during the Trump administration. While Durham was not involved in the Hunter Biden probe or the pending Trump investigations, conservatives have embraced his findings that the FBI and prosecutors were too quick to condemn and find wrongdoing with Trump, findings they’ll triangulate to suggest the government is once again targeting the former president in the classified documents case. More from AP
Related reads: “Biden allies praise Hunter plea deal as ‘justice.’ Trump sees opposite.,” by WaPo’s Michael Scherer … “Garland’s Distance From Hunter Biden Inquiry Fails to Quell Critics,” by NYT’s Glenn Thrush … “Pride and pain for Biden as his son Hunter reaches a plea deal after 5 years of investigation,” by AP’s Colleen Long
| | | | A message from Meta:   | | | | | BIDEN’S WEDNESDAY (all times Eastern):
Noon: The president will receive the President’s Daily Brief.
1:05 p.m.: Biden will leave San Francisco to return to the White House, arriving at 6:20 p.m.
6:50 p.m.: The Bidens will welcome Indian PM NARENDRA MODI to the White House.
7:15 p.m.: Biden will host Modi for dinner.
VP KAMALA HARRIS’ WEDNESDAY — The VP has nothing on her public schedule.
THE HOUSE will meet at 10 a.m. and at noon will take up a variety of bills, including one approving of the first U.S.-Taiwan Initiative trade agreement. It may take up an attempt to override Biden’s veto on anti-student loan relief legislation and/or a censure of Rep. ADAM SCHIFF (D-Calif.). Votes are expected between 1:15 p.m. and 5 p.m. Former special counsel JOHN DURHAM will testify before the Judiciary Committee at 9 a.m. Fed Chair JEROME POWELL will testify before the Financial Services Committee at 10 a.m.
THE SENATE will meet at 10 a.m., with votes throughout the day on overriding Biden’s veto of rolling back air pollution regs, a judicial nomination and a tax convention with Chile. It will recess from 12:30 p.m. to 2:15 p.m. for weekly conference meetings. The Banking Committee will take up the Fed nominations of PHILIP JEFFERSON, LISA COOK and ADRIANA KUGLER at 9:30 a.m. | | | | | | 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. | | | | | PHOTO OF THE DAY
|  Virginia State Sen. Joe Morrissey wipes his eye after an interview as he conceded to former delegate Lasharese Aird Tuesday, June 20, 2023, in Petersburg, Va. | Steve Helber/AP Photo | | | PLAYBOOK READS | | 2024 WATCH ANOTHER ONE BITES THE DUST — “Marianne Williamson loses second campaign manager in two months,” by Brittany Gibson: “One person familiar with the campaign said that [ROZA] CALDERON quit. ‘She tried to right the ship and lead this campaign. Marianne knocked her down every chance she got,’ the person said.” WHERE’S MR. MET? — CHRIS CHRISTIE has called on a network of wealthy Wall Street donors to finance his campaign for the GOP presidential nomination, but longtime ally (and Mets owner) STEVE COHEN has yet to make any contributions, CNBC’s Brian Schwartz writes. TRAIL MIX — Florida Gov. RON DeSANTIS and Trump are both set to make appearances in New Hampshire next Tuesday, Fox News’ Paul Steinhauser reports. DeSantis will hold a town hall, while Trump will deliver a keynote at a luncheon for the New Hampshire Federation of Republican Women. FIRST IN PLAYBOOK — MARY TOLAN, founder of health care investment firm Chicago Pacific Founders, is hosting a fundraiser Thursday to support NIKKI HALEY’s presidential campaign. Couples will pay up to $33,500 for a chance to meet with Haley at The Chicago Club, with funds distributed to the Haley campaign as well as her Stand For America PAC. (h/t Daniel Lippman) MORE POLITICS ABOUT LAST NIGHT — “Abortion still dominates Democratic politics: 3 takeaways from Virginia’s primary night,” by Zach Montellaro: “Abortion messaging is here to stay … Youngkin gets his troops … Money still talks.” OVERNIGHT DEVELOPMENT — Rep. LISA BLUNT ROCHESTER (D-Del.) filed FEC paperwork for a much-anticipated Senate campaign and launched a new website. PEACH STATE UPDATE … “Georgia officials won’t take over elections in state’s largest county, debunk conspiracies,” by AP’s Jeff Amy … “State closes ‘Ballot Suitcase’ investigation finding no fraud at 2020 ballot counting site,” by WSB-TV’s Justin Gray OPENING THE BOOKS — “Judge finds no merit in Justice’s request to shield financial disclosures because of U.S. Senate run,” by MetroNews’s Brad McElhinny: “Now, [West Virginia Gov. JIM] JUSTICE has to provide full written responses to questions about the finances and produce all documents responsive to requests no later than July 5.” THE WHITE HOUSE BULLY PULPIT — “White House meets with drug firms on cost of overdose-reversal drugs,” by WaPo’s David Ovalle: “The director of the White House Office of National Drug Control Policy, RAHUL GUPTA, said in an interview Tuesday that … he emphasized making reversal drugs widely available in communities devastated by the opioid crisis, particularly rural spots where the medication is harder to locate. ‘We don’t want [the medication] just sitting on the shelf,’ Gupta said.” ROADSHOW INCOMING — “Biden, administration officials plan to hit the road to sell accomplishments,” by NBC’s Mike Memoli: “Dubbed the “Invest in America” tour, the event series will reprise a similar 60-stop, 30-state barnstorming effort by Biden, Vice President Kamala Harris and Cabinet officials this spring.” HUNTER IN CONTEXT — “Booze, drugs, a pet snake and foreign dealings: Families can cause headaches for a White House,” by AP’s Seung Min Kim: “Children of U.S. presidents, like Hunter Biden, have long been subjects of fascination and curiosity, with their every move under public scrutiny.” But this might be a first: Tucked deep inside an LA Times profile of sex-club entrepreneur DAMON LAWNER is this nugget: “On Tuesday, after Hunter Biden reached a plea deal with federal prosecutors, Lawner said on Instagram that the president’s son had once been a Snctm member.” Also of note: “Hunter Biden, baby mama Lunden Roberts settle child support dispute,” by NY Post’s Miranda Devine
| | | | A message from Meta:   | | | CONGRESS LAYING DOWN THE CLAW — “Bill to seize failed bank CEOs’ pay draws bipartisan Senate support,” by WaPo’s Tory Newmyer: “The Senate Banking Committee is scheduled to meet Wednesday to consider a proposal from its leaders, Sens. SHERROD BROWN (D-Ohio) and TIM SCOTT (R-S.C.), that would allow regulators to claw back bank executives’ compensation from the two years before a failure and impose stiff fines on them.” SANTOS AND FRIENDS — The identities of the multiple backers who guaranteed Rep. GEORGE SANTOS’ (R-N.Y.) $500,000 bond could be revealed at noon Thursday, writes CNBC’s Kevin Breuninger: “Judge JOANNA SEYBERT’s order in U.S. District Court in Long Island came less than two weeks after the Republican lawmaker’s attorney argued that the bail backers’ identities should be kept private because of the ‘media frenzy’ surrounding the case.” TRUMP CARDS YA THINK? — “Trump’s penchant for talking could pose problems as Mar-a-Lago criminal case moves ahead,” by AP’s Eric Tucker MEANWHILE IN MANHATTAN — “DA, ethics panel back judge in Donald Trump hush-money case, finding no evidence of bias,” by AP’s Michael Sisak MEANWHILE IN CALIFORNIA — “Eastman plan to keep Trump in power faces a reckoning, as authorities seek his disbarment,” by Kyle Cheney POLICY CORNER JUST POSTED — More than 29,000 U.S. service members who were kicked out of the military for their sexuality from 1980 to 2010 were denied honorable discharges, CBS’ Jessica Kegu scoops this morning. This accounting of the scope of anti-LGBTQ discrimination in the military comes via information FOIAed by Legal Aid at Work. For many of these veterans, their discharge status can affect their access to a range of benefits and services. EXIT INTERVIEW — “Outgoing CDC director says resignation spurred by sense of accomplishment and exhaustion,” by AP’s Mike Stobbe: “[ROCHELLE] WALENSKY, 54, described her time at the agency as intense, but stopped short of saying she was burned out. She said she had looked for a quiet moment to withdraw from a job that gave her a sense of pride and accomplishment but also led to criticism, protests outside her home and threats of violence.” HONESTY POLICY — “FCC rule would force cable companies to include fees in upfront pricing,” by WaPo’s Julian Mark IMMIGRATION FILES — “U.S. is rejecting asylum seekers at much higher rates under new Biden policy,” by L.A. Times’ Hamed Aleaziz WAR IN UKRAINE QUICK MATH — “Pentagon accounting error provides extra $6.2 billion for Ukraine military aid,” by AP’s Lolita Baldor and Tara Copp: “Pentagon spokeswoman SABRINA SINGH said a detailed review of the accounting error found that the military services used replacement costs rather than the book value of equipment that was pulled from Pentagon stocks and sent to Ukraine.” BEYOND THE BELTWAY THE ABORTION LANDSCAPE — “New York Passes Bill to Shield Abortion Providers Sending Pills Into States With Bans,” by NYT’s Pam Belluck and Emily Bazelon: “The measure, along with similar new laws in several other states controlled by Democrats, could significantly expand medication abortion access by allowing more patients in states that restrict abortion to end pregnancies at home, without traveling to states where abortion is legal.” — “The sleeper legal strategy that could topple abortion bans,” by Alice Miranda Ollstein in Webster Groves, Mo.: A new spate of lawsuits “filed by clergy members and practitioners of everything from Judaism to Satanism … are wielding religious protection laws enacted by anti-abortion state officials to target those officials’ own restrictions on the procedure.” BIG NEWS IN LITTLE ROCK — “Federal judge strikes down Arkansas’ gender-affirming healthcare ban as unconstitutional,” by the Arkansas Democrat-Gazette’s Dale Ellis: “U.S. District Judge JAMES M. MOODY held that the plaintiffs — four transgender youths, their families and their doctors — had prevailed on all their claims and ruled the ban violates the Equal Protection Clause, the Due Process Clauses, and the First Amendment of the U.S. Constitution.”
| | | | SUBSCRIBE TO POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don’t miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY. | | | | | | | PLAYBOOKERS | | Shelley Moore Capito is a big fan of Chuck Grassley’s vacuum. Tim Walz had a very successful day fishing. OUT AND ABOUT — Ron Klain hosted a party in his backyard last night for Andrei Cherny’s Arizona congressional campaign, with Terry McAuliffe as the featured special guest. SPOTTED: Jeremy Bash, Lanny Breuer, Louis and Eva Caldera, Dana Chasin, Jad Daley, Leslie Dach, Nelson Cunningham, Raj Date, Claude Fontheim, Alan Fleischmann, Dan Feldman, Juleanna Glover, Izzy Klein, Jim Kohlenberger, Adam Kovacevich, Norm Ornstein, David and Hayley Meadvin, Mack McLarty, Mark Schuermann, June Shih, Andrew Shapiro, George and Elizabeth Stevens, Paul Thornell and Henry Waxman. — Confindustria hosted an opening reception at the Martin Luther King Jr. Memorial Library last night for a new exhibit, “Imagining the future. Leonardo da Vinci: In the mind of an Italian genius,” which features 12 original Leonardo da Vinci drawings never before seen in the U.S. Guests enjoyed cocktails and charcuterie boards on the rooftop of the library before viewing the collection, curated by Alberto Rocca and under the patronage of the Embassy of Italy and the Italian Cultural Institute. SPOTTED: Italian Ambassador Mariangela Zappia, Carlo Bonomi, Richard Reyes-Gavilan, Kimberly Bassett, Brooke Pinto, Matthew Truman, Gerren Prince, Fedele Usai, Sergio Dompé, Rob Hartman, Francesca Casazza, C. Brian Williams, Marco Margheri, Stephanie Stebich, Anne-Imelda Radice, Lamberto Moruzzi and Ranit Schmelzer. FIRST IN PLAYBOOK — Neal Katyal and Margaret Sullivan are each launching new podcasts on Substack. Katyal’s podcast, “Courtside,” will dive into a Supreme Court case every week alongside a celebrity guest, including Ari Melber, Katie Couric and John Legend. Sullivan’s podcast, “American Crisis,” will examine whether journalism can save democracy, with a focus on Watergate and Jan. 6. — The Fallen Journalists Memorial Foundation has a new selection committee to consider design proposals for a new memorial near the Mall honoring press freedom and journalists who have died. The members are Milton Curry, Joe Day, Paul Goldberger, Alan Harwood, Blair Kamin, Mia Lehrer, Eden Rafshoon, David Dreier, Barbara Cochran and Vincent Randazzo. — Tara DiJulio has joined the Bipartisan Policy Center’s board of directors. She’s VP and chief comms officer at GE and chief comms officer at GE Aerospace. MEDIA MOVES — Nidhi Prakash is now a Congress reporter for POLITICO’s E&E News. She is a former White House and Congress reporter at BuzzFeed. … Eric Geller is now a senior cybersecurity reporter at The Messenger. He previously was a cybersecurity reporter at POLITICO. … Mark Grant has been named VP for global security and safety at the AP. He most recently has been head of high risk, safety and security at Sky News. TRANSITIONS — Alex Velez-Green is now senior adviser to the VP for national security and foreign policy at the Heritage Foundation. He previously was national security adviser to Sen. Josh Hawley (R-Mo.). … Alex Bellizzi is now a director in FTI Consulting’s financial services public affairs practice. He most recently was comms director to Rep. Andy Barr (R-Ky.), chair of the House Financial Services Subcommittee on Financial Institutions and Monetary Policy. … Britt Jacovich is now press secretary at MoveOn. She previously was regional press secretary at the Democratic Legislative Campaign Committee. … … Cody Hall is now SVP at Ascent. He will continue to lead Georgia Gov. Brian Kemp’s political operation as his senior adviser. … Andrew Vlasaty is now senior federal government affairs manager for BP. He previously was director of government relations at FGS Global. … Jon Bosscher is joining Gragert Research as a senior consultant. He most recently was research director for the DCCC, and is a House Majority PAC alum. ENGAGED — POLITICO’S very own Aloïse Phelps and Eliza Foster, a 7th grade English teacher at Saint Anne’s Belfield School in Charlottesville, VA got engaged. The two have been together for nearly five years. Eliza surprised Aloïse with a proposal at their home and less than 24 hours later, Aloïse slid Eliza’s ring into a matchbook at Le Diplomate in Washington, DC. HAPPY BIRTHDAY: Rep. Michelle Steel (R-Calif.) … Axios’ Mike Allen … Chad Wolf … NYT’s Elizabeth Williamson and Elizabeth Dias … Mary Beth Donahue … WaPo’s Laura Meckler … Cody Uhing … Shara Mohtadi … CNN’s Madeleine Morgenstern … David Makovsky … Bully Pulpit Interactive’s Caroline Weisser … Sanam Rastegar … POLITICO’s Delece Smith-Barrow, Wiktoria Brodzinska and Rachel James … Gary Maloney … Jake Maccoby … Brendan Summers … Forbes’ Emma Whitford … Max Clarke … Greg Hitt … Sam Nunberg … former Reps. Dana Rohrabacher (R-Calif.), Marjorie Margolies (D-Pa.) and Dan Burton (R-Ind.) … Kate Kochman … Jill Farquharson … former Oregon Gov. Kate Brown … Chris Francescani … Ashley Menzer … Procurated’s Marc Sames 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.
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