Thursday, March 21, 2024

Bragg’s big filing, and Biden’s big policy barrage

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Playbook PM

By Ryan Lizza and Eli Okun

Presented by

the American Bankers Association
THE CATCH-UP

NEW YORK, NEW YORK - FEBRUARY 08: Manhattan District Attorney Alvin Bragg speaks during a press conference at the office of the District Attorneys on February 08, 2024 in New York City. Mayor Eric Adams and NYPD Chief of Detectives Joseph Kenny joined DA Bragg as they announced the indictments of seven individuals who were involved in the January 27th assault on two NYPD   officers. Five of the individuals were arrested last week and two remain at large.  (Photo by Michael M. Santiago/Getty Images)

Manhattan DA Alvin Bragg’s filing today offers a detailed chronology of the yearlong back-and-forth between his office, SDNY and Donald Trump’s defense team over a cache of documents held by the feds. | Michael M. Santiago/Getty Images

HUSH MONEY CASE BACK ON TRACK? — Manhattan DA ALVIN BRAGG said in a filing today that the overwhelming majority of some 200,000 pages of documents recently turned over by the Southern District of New York are not relevant to his prosecution of DONALD TRUMP and shouldn’t delay the case.

Recall that the case was supposed to go to trial on Monday, March 25, before Judge JUAN MERCHAN last week ordered a 20-day postponement while he sorted out the impact of a last-minute document dump. The parties are scheduled in court on Monday to hear from both sides about what happened.

In Bragg’s filing today, he offers a detailed chronology of the yearlong back-and-forth between his office, SDNY and Trump’s defense team over the cache of documents held by the feds.

One mystery was why SDNY didn’t turn over all of these documents when Bragg asked for them in early 2023. Bragg only partially answers that question today. For instance, Bragg says that SDNY only recently obtained five FBI interview memos, so they can’t be blamed for failing to produce them a year ago. A sixth memo was in their possession then but outside the scope of Bragg’s subpoena.

While Bragg says his “review is ongoing,” he says the only materials he’s identified as relevant to the case are 172 pages of notes pertaining to lawyer MICHAEL COHEN’s meetings with special counsel ROBERT MUELLER and “fewer than an estimated 270 documents” from Cohen’s phones. Those records, Bragg claims, are mostly “inculpatory and corroborative of existing evidence” — in other words, bad news for Trump.

If Bragg’s characterization is accurate, the case seems unlikely to be delayed further, as Trump wants, and the more extreme remedies Trump is requesting (sanctions, dismissal of the charges, precluding Cohen from testifying) are unlikely to be taken seriously by Merchan.

Trump’s lawyers, of course, might take a different view of the document cache. Monday’s hearing will give us a fuller picture — and perhaps even a new trial date.

NOMINATION WOES — Sen. JOE MANCHIN (D-W.Va.) today became the second Democratic senator to oppose ADEEL MANGI’s judicial nomination, making his path forward through the Senate exceedingly difficult.

NEW IDEA FOR UKRAINE — “US Backs $50 Billion Ukraine Bond Using Frozen Russia Assets,” by Bloomberg’s Alberto Nardelli and Jennifer Jacobs

Good Thursday afternoon. Thanks for reading Playbook PM. Drop us a line at rlizza@politico.com and eokun@politico.com.

BIDEN’S POPULIST POLICY PUSH — It’s no question that President JOE BIDEN’s reelection campaign is struggling in the polls against Trump; more than 30 pollsters and operatives from both parties say he’d lose if the election were now, Time’s Charlotte Alter, Brian Bennett and Philip Elliott report in a wide-ranging look at Biden’s campaign woes.

The latest Emerson College/The Hill polls find Biden still losing slightly in Michigan and Wisconsin, even as Democratic Rep. ELISSA SLOTKIN and Democratic Sen. TAMMY BALDWIN lead Republican opponents in the Senate races. (There are small signs of movement: His approval rating has hit 40% for the first time in five months.) Biden plans to depend on Michigan Gov. GRETCHEN WHITMER and Baldwin to give him a boost, NBC’s Adam Edelman reports. And even as Biden’s inner circle remains defiant about his odds, lots of Democratic strategists warn in the Time story that his team is running an outdated playbook and falling short on everything from messaging to staffing to ground game, at least so far.

But as he tries to turn things around, Biden might benefit from a range of populist new policy moves, many announced today, that follow in the vein of the agenda he laid out in his State of the Union address:

Antitrust: Could AG MERRICK GARLAND finally get your Android user friends’ texts to stop showing up as green on your iPhone? The Justice Department slapped Apple with a major antitrust lawsuit, long in the works and filed with many states, that aims to tackle what it deems an unfair business monopoly. The blockbuster case is just the latest significant effort by the Biden administration to go after the titans of Big Tech, and it “comes after years of allegations by critics that Apple has harmed competition with restrictive app store terms, high fees and its ‘walled-garden’ approach to its hardware and software,” CNN’s Brian Fung, Hannah Rabinowitz and Evan Perez write. Apple denies doing anything wrong.

Student debt: Biden rolled out another tranche of student debt forgiveness today, adding 77,000 borrowers and their $5.8 billion in debt to the list of Americans granted relief, per CNBC’s Annie Nova. After the Supreme Court struck down Biden’s wide-ranging debt relief program, he’s adopted a piecemeal approach that has managed to wipe out a large swath of debt — more than one-third of the sum he initially sought to erase. Today’s announcement affects Public Service Loan Forgiveness borrowers.

Housing: New White House policy proposals today recommend that the federal government get much more aggressive about tackling restrictive local zoning to get more housing built, NYT’s Jim Tankersley and Conor Dougherty report. Other actions would aim to lower housing costs. Taken together, they “could serve as a blueprint for a major housing push if Mr. Biden wins a second term.” Read the report

Taxes: Corporate and private jets are the latest focus of the IRS’ tax crackdown on the wealthy, with Treasury Secretary JANET YELLEN in Congress today lauding the effort to crack down on the abuse of write-offs, NYT’s Alan Rappeport reports. Biden’s budget would also seek to raise taxes on corporate jets, though that’s unlikely to become reality.

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7 THINGS YOU NEED TO KNOW

House Speaker Mike Johnson (R-La.) speaks with reporters after a press conference at the U.S. Capitol March 20, 2024. (Francis Chung/POLITICO via AP Images)

Speaker Mike Johnson said today that he’ll invite Israeli PM Benjamin Netanyahu to deliver an address to Congress. | Francis Chung/POLITICO

1. MIDDLE EAST LATEST: As Democrats grow increasingly critical of Israeli PM BENJAMIN NETANYAHU’s government and war, Republicans are hugging him tighter: Speaker MIKE JOHNSON announced today on CNBC’s “Squawk Box” that he’ll invite Netanyahu to deliver an address to Congress. Notably, Senate Majority Leader CHUCK SCHUMER’s office said he would “always welcome” such a bipartisan opportunity for Netanyahu to speak, though he hasn’t talked about it with Johnson.

Meanwhile, Secretary of State ANTONY BLINKEN was meeting with Egyptian President ABDEL FATTAH EL-SISSI in Egypt to try to make progress on a cease-fire and hostage release deal in the Israel-Hamas war, per CNN. And Israel said CIA Director WILLIAM BURNS will be in Qatar for negotiations tomorrow.

One asset Israel has gained in the war: With U.S. help, it managed to seize a cache of very detailed intelligence about Hamas during its offensive in Gaza, NBC’s Dan De Luce and Courtney Kube report. That probably assisted, for instance, its recent operation to kill MARWAN ISSA, the third-highest Hamas leader, last week.

2. YASS KING: JEFF YASS is the largest donor in the country so far in the 2024 election, Reuters’ Alexandra Ulmer reports. Yes, that’s the Philly-based libertarian who’s a significant investor in ByteDance — and whose meeting with Trump preceded the former president’s flip-flop on the bill that could ban TikTok (though Trump said they talked only about education). Yass has ponied up $46 million for a range of Republican candidates and causes already, from presidential contenders (notably not Trump) to school choice advocacy groups. Yass’ giving, which generally is way higher than in previous cycles, includes $16 million to Club for Growth Action. Yass’ support would be a significant boost to Trump if he can get him on board.

3. WHAT STEPHEN MILLER IS UP TO: “America First Legal, a Trump-Aligned Group, Is Spoiling for a Fight,” by NYT’s Robert Draper: “[J]udging by the flurry of filings it has generated over the past three years — more than a hundred lawsuits, E.E.O.C. complaints, amicus briefs and other legal demands — the foundation’s small in-house legal team punches above its weight. … America First Legal is primarily notable as a policy harbinger for a second Trump term, and for the considerable trouble it causes.”

 

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4. CASH DASH: “Leonard Leo, Koch networks pour millions into prep for potential second Trump administration,” by NBC’s Katherine Doyle: “Huge funding from influential conservative donor networks is flowing into [Project 2025], including over $55 million from groups linked to conservative activist LEONARD LEO and the KOCH network, according to an Accountable.US review.”

5. BATTLE FOR THE SENATE: Across many of the key Senate battlegrounds, Republicans have tapped nominees who bring extreme personal wealth to their races, NYT’s Jonathan Weisman reports. The class of millionaire nominees could cut both ways: Self-funders give the GOP a major boost as it lags Democrats in grassroots fundraising — and they allow the candidates to cast themselves as political outsiders. But they also open the door to criticism of their wealth (and how they earned it), with Dems eager to tag them as elites or carpetbaggers.

In Pennsylvania, Sen. BOB CASEY (D-Pa.) is among those leaning hard into populist messaging, as he makes attacks on corporate “greedflation” a key component of his reelection pitch, AP’s Marc Levy reports from Harrisburg. Republican challenger DAVID McCORMICK calls it “nonsense.” (Economists say it’s more complicated than either man makes it seem.)

6. BUILDING BRIDGES: “Dem oppo powerhouse American Bridge sets its sights on the House,” by Zach Montellaro: It’s “a notable expansion for the oppo shop, which in addition to the presidential contest already had down-ballot programs focused on the Senate and state races like governorships. … [T]he entrance of a group as large as Bridge will bring significantly more resources to the table. … PHILIP SHULMAN will run the House project’s communications, and he’ll be joined by MATILDA BRESS and MONICA VENZKE.”

7. MEGATREND: Finally turning around a bleak, two-year trend during the pandemic, life expectancy in the U.S. jumped higher in 2022, from 76.4 years to 77.5, the CDC revealed today, per Chelsea Cirruzzo. That’s a good deal lower than before Covid-19, though, and drug overdoses continue to pose a significant challenge.

 

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PLAYBOOKERS

Tish James may have her eye on Donald Trump’s Westchester properties.

Charlie Spies and Christina Bobb are the RNC’s new legal odd couple.

Aileen Cannon might have a law clerk retention problem.

Merrick Garland said censoring Robert Hur’s report would have been “absurd.”

Shri Thanedar’s Humane Society award marks quite a turnaround.

OUT AND ABOUT — Women’s clothing company Argent launched its new D.C. store in Georgetown last night with an event hosted by founder and CEO Sali Christeson, Symone Sanders-Townsend, Melissa Winter and Opal Vadhan. SPOTTED: Jen Psaki, Abby Phillip, Maude Okrah, Kathleen Buhle, Charlotte Clymer, Fatima Goss Graves, Aba Kwawu, Alencia Johnson, Adrienne Elrod, Amanda Brown Lierman, Courtney O’Donnell, Beth Lynk, Payton Iheme, Samantha Slosberg and Dawn Huckelbridge.

TRANSITION — Sarah Knakmuhs is joining M&T Bank as chief comms officer, based in D.C. She previously was senior counselor at H/Advisors Abernathy.

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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.

Corrections: Yesterday’s Playbook PM misidentified Ursula Perano’s co-author on an article. It was Anthony Adragna. It also misspelled Sen. Bob Menendez’s (D-N.J.) name.

 

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