| | | | |  | | By Rachael Bade, Ryan Lizza and Eugene Daniels | | | With help from Eli Okun, Garrett Ross and Bethany Irvine
| | | |  | DRIVING THE DAY | | | COMING ATTRACTIONS — “The government funding fight is about to flare again,” by Caitlin Emma and Jennifer Scholtes: “House Republicans are bracing for a large group of their own members to oppose a final federal spending deal next month — requiring Speaker MIKE JOHNSON to rely on Democrats during multiple high-stakes votes.” AMERICAN SICKNESS — “Twenty-two people shot, including one killed, at Kansas City Chiefs’ Super Bowl rally,” by The Kansas City Star’s Robert Cronkleton, Sam McDowell, Eric Adler and Michael Wilner
|  Donald Trump is again in court and reaching for a familiar playbook as he seeks to derail — or at least stall — the criminal cases against him. | Julia Nikhinson/AFP via Getty Images | TRACKING THE TRUMP TRIALS — For decades, DONALD TRUMP has exploited the judicial system’s tortoise-like pace to his own benefit, dragging out lawsuits or using counter-suits to wear down his opponents. (Just ask former House Judiciary Chair JERRY NADLER (D-N.Y.) — or really any opponents in the more than 4,000 lawsuits he was party to before becoming president.) Today, the former president is again in court and reaching for a familiar playbook as he seeks to derail the criminal cases against him — or at least stall them until after Election Day. LET’S START IN NEW YORK, where a Manhattan-based judge will decide whether the hush money case against Trump can move to trial as scheduled on March 25. Trump’s attorneys are imploring Justice JUAN MERCHAN to toss the case entirely, arguing that DA ALVIN BRAGG targeted him for political reasons — though that’s unlikely to happen, as our colleague Erica Orden reports. In lieu of such an outcome, Trump’s team will seek a delay, just as the former president’s legal team has in all four criminal cases against him. As Erica notes, Trump will learn today whether his “glidepath to the Republican nomination this spring will be disrupted” by the first criminal trial against him. But it may not matter much for two reasons:
- As a political matter, the case — which stems from Trump paying off a porn star to cover up an extramarital affair during the 2016 election — is considered among the least potent with the public compared to the other criminal cases awaiting (i.e. trying to subvert the 2020 election results and mishandling classified documents).
- It also appears to be the least threatening in terms of potential prison time. As Erica writes, “legal experts say judges rarely sentence first-time offenders to any prison time for the crime of felony falsification of business records,” which is the basis for the charges.
Still, all eyes will be on the courtroom due to an unusual legal argument being made by Trump attorneys TODD BLANCHE and SUSAN NECHELES. The pair question whether prosecutors can truly call the hush money paid to STORMY DANIELS an illegal campaign donation — something prosecutors have to do in order to make the falsification of business records charges against Trump a felony rather than a misdemeanor. (And to add more drama to the spectacle, Trump is expected to be at the defendant’s table.) AND DOWN IN GEORGIA: Also today, Trump and his co-defendants are seeking to disqualify Fulton County DA FANI WILLIS from leading her sweeping election-interference racketeering case following news of her affair with one of the prosecutors on the case. If Trump allies are successful in ousting Willis, the former president’s criminal case could be set back months as a new set of prosecutors get up to speed on the facts of the case. That new team could even decide to change the charges against Trump. Today, Judge SCOTT McAFEE will hear from both parties, having already rejected prosecutors’ request to cancel the hearing. While Trump’s allies have argued that Willis and fellow prosecutor NATHAN WADE have a conflict of interest because they’ve financially benefited from their reported arrangement — with Wade receiving lucrative contracts for his work on the case — those defending Willis have argued that even if the allegations are true, it has no bearing on the Trump case. Not necessarily so, counters McAfee — especially if Willis and Wade lied about when their romance began. The pair told a judge their relationship began in 2022, well after Wade joined the team in November 2021. But Trump’s co-defendants have alleged it started before he came aboard and was paid a handsome salary for his work — money Wade then used to fund vacations for the couple. One thing to watch for: Will Willis testify? An attorney for one of Trump’s co-defendants is seeking to call both her and Wade on the stand. The judge, however, has said he won’t force either to do so until after hearing from the witnesses that will be called today. Drama, drama, drama! Read our colleagues Betsy Woodruff Swan and Kyle Cheney for a full preview. IN WASHINGTON: Supreme Court Chief Justice JOHN ROBERTS gave special counsel JACK SMITH a week to reply after Trump asked the high court this week to effectively throw out criminal charges against him and back his claims of presidential immunity from prosecution. Smith took all of two days. In a filing last night, Smith urged the court to quickly uphold rulings by a district court judge and federal appeals court in Washington, both of which rejected Trump’s immunity claims. Smith has been eager to start his trial against Trump on allegations that he attempted to steal the 2020 election, proceedings that were supposed to begin March 4 but have been delayed. “The public interest in a prompt trial is at its zenith where, as here, a former President is charged with conspiring to subvert the electoral process so that he could remain in office,” Smith wrote in the filing. “The Nation has a compelling interest in seeing the charges brought to trial.” Now the fate of Smith’s case is entirely in the hands of the high court’s nine justices — three of whom, of course, were nominated by Trump. If they quickly side with Smith, legal experts tell WaPo a trial could begin in late May or June. More from Kyle Good Thursday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
| | | | A message from American Fuel & Petrochemical Manufacturers: EPA is set to finalize a regulation designed to end the sale of new gas and diesel cars regardless of what drivers want, need, and can afford. Polling shows that Americans think the Biden EPA is moving too far, too fast. President Biden: Stop the EPA’s car ban. Vehicle policies can’t just work for some of us. They should work for all of us. | | | WHAT’S DIVIDING DEMS — “Some Democrats see an immigration blueprint in NY win. Progressives are worried,” by Ally Mutnick, Nick Wu and Madison Fernandez STAYING PUT — White House press secretary KARINE JEAN-PIERRE was offered the chance to interview for (and likely get) a job as the next EMILY’s List president in December, but she decided to remain in the briefing room, NBC’s Jonathan Allen scooped. Interim head JESSICA MACKLER is now expected to get the permanent role, previously held by Sen. LAPHONZA BUTLER (D-Calif.). WHAT TRUMP MIGHT ACTUALLY DO TO NATO — Trump’s allies are indeed talking about reneging on some of the U.S.’ commitments to fellow NATO countries in a second term, Bloomberg’s Jennifer Jacobs and Peter Martin report. Though no decision has been made, one idea would separate NATO countries into two groups — those who have met defense spending targets and those who haven’t — and stop honoring the Article 5 pledge of common defense for the latter. (That group could also face new tariffs.) Those ideas “would upend decades of US policy, fracturing [the] defense alliance.” Trump might also urge Ukraine to start negotiating an end to the war with Russia quickly, perhaps by threatening to cut off aid. Trump doubled down on most of his comments at a rally in South Carolina last night, saying “I’m not going to protect you” if NATO members don’t meet spending requirements, per Meridith McGraw.
| | | | A message from American Fuel & Petrochemical Manufacturers:   | | | | | WHAT'S HAPPENING TODAY | | On the Hill The House will meet at 10 a.m. and will take up several bills at noon. The Senate is out. 3 things to watch …
- The fate of the House majority in 2024 could be decided today in Albany, New York. A bipartisan redistricting commission is set to draw a new Empire State congressional map after a Democratic lawsuit overturned the existing lines. But, Bill Mahoney scooped, the new lines might not be as favorable to Democrats as national party leaders have been hoping — making modest changes that might net the party only one or two seats in November. The Democratic-controlled state legislature gets a say, too, however.
- We’re about two weeks into tax filing season, and IRS Commissioner DANIEL WERFEL appears at 10 a.m. before House Ways and Means. Don’t expect members to press him for filing advice; instead expect tough questions on his agency’s planned massive expansion of enforcement, data security lapses and more. In a preview interview with NYT’s Alan Rappeport, Werfel said he plans to highlight recent customer service upgrades.
- Come January, for the first time in 22 years, House Democrats’ leadership senior team will not include any member of the longtime governing triumvirate of NANCY PELOSI, STENY HOYER and JIM CLYBURN. While Pelosi and Hoyer relinquished their top roles last year, Clyburn held on to his job as assistant leader — until yesterday, when he announced he would step down from the post next year even if reelected.
At the White House President JOE BIDEN will receive the President’s Daily Brief in the morning. VP KAMALA HARRIS will arrive in Germany for the Munich Security Conference.
| | | | YOUR VIP PASS TO THE MUNICH SECURITY CONFERENCE: Dive into the heart of global security with POLITICO's Global Playbook at the 2024 Munich Security Conference. Gain exclusive insights and in-depth analysis as author Suzanne Lynch navigates the crucial discussions, key players and emerging trends that will shape the international security landscape. Subscribe now to Global Playbook and stay informed. | | | | | | | PLAYBOOK READS | | AMERICA AND THE WORLD
|  House Intel Chair Mike Turner (R-Ohio) delivered an alarming warning on Russia's growing capabilities yesterday. | Francis Chung/POLITICO | NUKES IN SPACE?! — Yes, that’s what House Intelligence Chair MIKE TURNER’s (R-Ohio) cryptic and alarming warning yesterday turned out to involve. After Turner’s statement spooked the political world, ABC’s John Parkinson, Luke Barr, Anne Flaherty, Luis Martinez and Adam Carlson scooped that U.S. intelligence has recently shown Russia working on a nuclear weapon to deploy in space against satellites. It’s not exactly breaking news: U.S. officials have known some information about it for more than a year, and congressional leaders for more than a week, so the rationale for Turner’s timing is unclear. (The White House was peeved.) Though the weapon would not be for dropping on Earth, it is concerning nonetheless. Other lawmakers, while not necessarily co-signing Turner’s urgency, nonetheless called it “disturbing” and a significant medium- to long-term challenge for the U.S., Erin Banco, Alex Ward and Lee Hudson report. The U.S. could not defend against such a weapon as of now, per NYT’s Julian Barnes, Karoun Demirjian, Eric Schmitt and David Sanger, and such a move by Moscow might violate an international treaty. Many members viewed the intelligence yesterday, and the White House has set up a classified meeting with the “Gang of Eight” Hill leaders. More top reads:
CONGRESS
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Speaker Mike Johnson is struggling yet again to keep his conference in line. | Francis Chung/POLITICO | REPUBLICANS IN (DEEPER) DISARRAY — The House GOP is still riven over the reauthorization of the Section 702 spy powers, and leadership yesterday postponed plans for a vote this week, per Roll Call’s Ryan Tarinelli. There are only two months left before the controversial program, which the national security apparatus insists is essential, expires. But Republicans couldn’t reach an agreement on floor amendments, amid disputes over two competing bills advanced from House Judiciary and House Intel, so it’s back to the drawing board for Johnson. The surveillance punt is only the latest instance where Johnson’s leadership has frustrated members of his conference, Jordain Carney reports for Inside Congress: “The one universal consensus — left, right, hawk, dove, reformer — is that Johnson has no idea what he is doing,” a congressional aide told her. Also falling apart: New York Republicans from wealthy districts got some SALT in their eyes when a procedural vote to expand the state and local tax deduction failed yesterday, per Axios’ Andrew Solender. The vote had been their compensation for allowing a bigger bipartisan tax package to move forward, but members on both the left and right rebelled against the effort to help out some of the richest Americans. More top reads:
2024 WATCH SURVEY SAYS — A new Winthrop poll shows Trump crushing NIKKI HALEY by 36 points in her home state of South Carolina. … Fox News finds Trump leading Biden by 2 points in Michigan or by 5 with third-party candidates included. PAGING MIKE JOHNSON — “Trump ramps up calls to Congress to impeach Biden,” by WaPo’s Marianne LeVine: “Trump’s remarks were the second time in less than 24 hours that the former president has pushed for Biden’s impeachment.”
| | | | A message from American Fuel & Petrochemical Manufacturers:   | | | MORE POLITICS
|  Rep. Mark Green (R-Tenn.) is the latest member to call it quits. | Francis Chung/POLITICO | WHERE THE GRASS IS GREENER — Yet another powerful House GOP committee chair is hanging it up early over frustrations with a dysfunctional political system: Rep. MARK GREEN (R-Tenn.) announced he won’t seek reelection, per The Nashville Tennessean’s Melissa Brown. The Homeland Security panel chief just scored a big — if merely symbolic — victory by successfully pushing through the historic impeachment of DHS Secretary ALEJANDRO MAYORKAS. But Green, who’s in only his first term atop the committee, warned that “[o]ur country — and our Congress — is broken beyond most means of repair.” He told Axios’ Juliegrace Brufke, “[M]aking a difference here … feels like a lot of something for nothing.” Green’s exit comes as a big surprise to many of his colleagues. He previously was picked to be secretary of the Army in the Trump administration, but he backed out amid an uproar over his controversial comments. He’s also been mentioned as a potential future gubernatorial contender. His departure from Congress will likely open the door for a new Republican, since the GOP has gerrymandered the district to be safely red. FIRST IN PLAYBOOK — Planned Parenthood Action Fund is rolling out endorsements of 19 Democratic congressional candidates whom it calls “sexual and reproductive health champions,” the organization’s first round of support for non-incumbent House contenders this cycle. The list comprises KIRSTEN ENGEL and RAQUEL TERAN in Arizona, LATEEFAH SIMON, ADAM GRAY, GEORGE WHITESIDES and WILL ROLLINS in California, ADAM FRISCH in Colorado, SARAH McBRIDE in Delaware, CHRISTINA BOHANNAN in Iowa, CURTIS HERTEL in Michigan, MONICA TRANEL in Montana, TONY VARGAS in Nebraska, MONDAIRE JONES and JOSH RILEY in New York, ASHLEY EHASZ in Pennsylvania, MICHELLE VALLEJO and JULIE JOHNSON in Texas, MISSY COTTER SMASAL in Virginia and EMILY RANDALL in Washington state. More top reads:
THE WHITE HOUSE HIM AND HUR — The blowback from special counsel ROBERT HUR’s report on Biden’s handling of classified documents — and his age/memory — hasn’t stopped yet. NBC’s Ken Dilanian scooped that despite Biden’s public anger over Hur asking about BEAU BIDEN’s death, the president was actually the one who brought the subject up in their interview. Some Democrats have told White House staffers that they botched the probe, both in the decision to make Biden available for such a big interview and in the comms rollout/response to the report, CNN’s Evan Perez, MJ Lee, Paula Reid, Jamie Gangel and Kevin Liptak report. And now Republicans are digging in: Rep. JIM JORDAN (R-Ohio) is asking Biden ghostwriter MARK ZWONITZER for documents and an interview, CNN’s Annie Grayer scooped. UP IN SMOKE — “Top Biden health official to allies: Push White House to ban menthol,” by Adam Cancryn and David Lim: “[ROBERT] CALIFF’s behind-the-scenes encouragement of outside pressure on the administration he serves represents an unconventional policymaking tactic. And it illustrates the extraordinary lengths that the FDA chief has gone in pursuit of a landmark tobacco policy he considers a top agency priority.” THANKS BUT NO THANKS — “White House denies Johnson’s requests to meet with Biden on border,” by Jennifer Haberkorn TRUMP CARDS THE NEW GOP — “Senior Republicans fear Trump will tap the RNC to cover legal bills again,” by Natalie Allison, Meridith McGraw and Alex Isenstadt: “While [Trump’s RNC leadership endorsements] have been well-received by many committee members … others fear a potential misallocation of party resources.” Meanwhile, Trump’s plans for remaking the RNC include a big focus on “election integrity” amid his ongoing lies about voter fraud. POLICY CORNER BUDGET BATTLE — “Biden slashes F-35 jet order 18% in 2025 budget request, sources say,” by Reuters’ Mike Stone PILL PROBE — National shortages of generic prescription drugs triggered new investigations yesterday from the FTC, as WSJ’s Liz Essley Whyte scooped, and HHS, per NYT’s Christina Jewett. DISTURBING — “Emails Show Border Patrol’s Widespread Use Of Anti-Immigrant Slur,” by HuffPost’s Roque Planas
| | | | CONGRESS OVERDRIVE: Since day one, POLITICO has been laser-focused on Capitol Hill, serving up the juiciest Congress coverage. Now, we’re upping our game to ensure you’re up to speed and in the know on every tasty morsel and newsy nugget from inside the Capitol Dome, around the clock. Wake up, read Playbook AM, get up to speed at midday with our Playbook PM halftime report, and fuel your nightly conversations with Inside Congress in the evening. Plus, never miss a beat with buzzy, real-time updates throughout the day via our Inside Congress Live feature. Learn more and subscribe here. | | | | | | | PLAYBOOKERS | | Debra OConnell will now oversee Kim Godwin and ABC News. Huma Abedin seems to be dating Alex Soros. Climate activists targeted the Constitution at the National Archives. Robert F. Kennedy Jr. is redoing his celebrity fundraiser, with less starpower. Harlan Crow is hosting a fundraiser for Nikki Haley. OUT AND ABOUT — British Ambassador Karen Pierce and Charles Roxburgh hosted a “non-Valentine’s Day” dinner yesterday evening at the British Embassy (no pink or red clothes allowed). SPOTTED: Australian Ambassador Kevin Rudd, Justice Ketanji Brown Jackson and Patrick Graves Jackson, Sen. Ed Markey (D-Mass.), Rep. Debbie Dingell (D-Mich.), Andrea Mitchell, Tim and Linda Shriver, Steve Ricchetti, Bruce Reed, Steve Clemons, Margaret Carlson, Terry McAuliffe, Sally Quinn, Josh Dawsey, Kevin Sullivan and Mary Jordan, John Rogers, Lally Weymouth, Sam Feist, Dan Balz, Tammy Haddad and Curtis Ried. FIRST IN PLAYBOOK — Andy Oare has launched a new public affairs and marketing firm, BlueWing Impact, whose first clients include OpsLab. He most recently was at Shift5, and is a Defense Department and Biden campaign/transition alum. MEDIA MOVE — Adam Klasfeld will be a fellow at Just Security, with a “Justice Security” outlet on the “Trump Trials Clearinghouse.” He most recently was senior legal correspondent at The Messenger, and is a Law & Crime alum. TRANSITIONS — Bryan Griffin will be comms director for Florida Gov. Ron DeSantis. He most recently was press secretary for DeSantis’ presidential campaign. … Jess Szymanski is now director of strategic comms at Venture Global LNG. She most recently was deputy comms director for Never Back Down PAC and is an API, Dave McCormick and DOE alum. … … Chintan Patel will be the next executive director of Indian American Impact. He most recently was VP of political affairs at End Citizens United/Let America Vote. … Juan Londoño is now senior policy analyst at Taxpayers Protection Alliance. He most recently was a policy analyst at the Information Technology and Innovation Foundation, and is an American Action Forum alum. … Sam Myers Jr. is launching Place Public Affairs. He most recently was Managing Director at Rational 360 and is a Biden, Obama and Clinton White House alum. ENGAGED — Jack Fitzsimmons, VP of product strategy at Deloitte, and Trenton Kennedy, policy comms lead at Chainalysis, got engaged last week on Water Island in the U.S. Virgin Islands. They met on Hinge and had their first date at Barcelona. Pic HAPPY BIRTHDAY: White House’s Anne Neuberger and Chad Maisel … former Rep. Kathleen Rice (D-N.Y.) … retired Adm. Jim Stavridis … Jonathan Salant … USAID’s Francisco Bencosme … Treasury’s Sourav Bhowmick … Carrie Sheffield … TPM’s Josh Marshall … Bobby Panzenbeck … Fox Business’ David Asman … Jason Thielman … Linda Kramer Jenning … Republican Jewish Coalition’s Alex Siegel … Clare Flannery … Kerry Feehery … S-3 Group’s Sarah Dolan Schneider … National Association of Realtors’ Sydney Barron Gallego … George Bamford … POLITICO’s Sienna Brown, Jonathan Miller and Lawrence Ukenye … Linda Roth … Allie Davis … Art Spiegelman … Micah Murphy … Sherman Patrick 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 Playbook Daily Briefing producer Callan Tansill-Suddath.
| | | | A message from American Fuel & Petrochemical Manufacturers: EPA is set to finalize a regulation designed to end the sale of new gas and diesel cars. This proposal would force automakers to phase out internal combustion engine vehicles – the most widely available, accessible, and affordable cars driven by the majority of Americans. The Biden EPA is rushing to do this before we are ready, and regardless of what American drivers want, need, and can afford.
Even worse, phasing out gas and diesel-powered vehicles for electric vehicles jeopardizes our hard-won American energy security, which is built on American-made and American-grown fuels. Instead, we will be reliant on China, the dominant player in the electric vehicle supply chain now and for the foreseeable future.
President Biden: It’s not too late to act. Stop the EPA’s misguided car ban. We need vehicle policies that work for all Americans, our economy, and our energy security. | | | | | | | Follow us on Twitter | | | | Subscribe to the POLITICO Playbook family Playbook | Playbook PM | California Playbook | Florida Playbook | Illinois Playbook | Massachusetts Playbook | New Jersey Playbook | New York Playbook | Ottawa Playbook | Brussels Playbook | London Playbook View all our political and policy newsletters | | Follow us | | | | |
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