| | | | |  | | By Eli Okun | | Presented by |  | | | |  | THE CATCH-UP | | | 
The question of whether DA Fani Willis should be kicked off Donald Trump's Georgia trial will be re-litigated by appellate judges. | Pool photo by Sarah Yenesel | HURRY UP AND WAIT — Though DONALD TRUMP will be back in court tomorrow for his historic criminal hush money trial, the other three-quarters of his legal strategy to delay prosecution is continuing to pay off handsomely. The Georgia Court of Appeals said today that it will take up the question of whether Fulton County DA FANI WILLIS should be booted from the sprawling election subversion racketeering case against Trump and other defendants, The Atlanta Journal-Constitution’s Bill Rankin reports. Judge SCOTT McAFEE had let Willis remain on the case, with a harsh reprimand, after her relationship with prosecutor NATHAN WADE was revealed, finding that their romance amounted to the appearance of a conflict of interest but not an actual conflict. But now that question will be re-litigated by the appellate judges, who the AJC dryly notes “are not known for moving swiftly.” The upshot: After Willis’ unforced error, the Supreme Court’s intervention in Trump’s federal election subversion case and Judge AILEEN CANNON’s delays in the classified documents case, the alleged payments to STORMY DANIELS could be the only actions Trump stares down in court before the election. More from Kyle Cheney LITERAL BRAIN WORMS — ROBERT F. KENNEDY JR. may be jacked, but the septuagenarian’s effort to cast himself as a vigorous alternative to Trump and President JOE BIDEN took a hit this morning from an eye-popping new story by NYT’s Susanne Craig. She revealed that doctors think that Kennedy has a dead parasite in his brain that possibly ate part of it, which he said in a 2012 deposition might have caused serious memory loss and brain fog. The health problems didn’t stop there. An atrial fibrillation has caused at least four hospitalizations for Kennedy. And perhaps most seriously, he said excessive consumption of seafood had likely triggered mercury poisoning. “I have cognitive problems, clearly,” he said in a deposition in 2012. “I have short-term memory loss, and I have longer-term memory loss that affects me.” But, but, but: Kennedy and his campaign say he’s much better now. He told the Times a few months ago that the brain fog and memory issues have gone away, and that the atrial fibrillation hasn’t caused problems in more than 10 years. He’s changed his diet after the mercury poisoning. And doctors tell Craig — without having examined Kennedy specifically — that people can fully recover from both brain worms and mercury poisoning without long-term damage. Campaign spokeswoman STEFANIE SPEAR said any ongoing health liability “is a hilarious suggestion, given the competition.” Politically, Kennedy’s campaign continues to be a thorn in the side of American politics — and it’s not always clear whose thumb will be pricked. NBC’s Ryan Reilly and Alex Seitz-Wald scooped that ZACH HENRY, a right-wing influencer whose firm Kennedy hired, was outside the Capitol on Jan. 6 — giving new context to his efforts to fan conspiracy theories that it wasn’t an insurrection. And in Texas, where NYT’s J. David Goodman reports Kennedy is “on track” to get on the ballot, GOP Sen. TED CRUZ’s campaign has started to worry. They see him as “perhaps the biggest wild card” in Cruz’s reelection bid against Democratic Rep. COLIN ALLRED, particularly if Kennedy turns out anti-establishment voters who dislike Biden, Trump and Cruz. Though Texas has a high bar for independent candidates to gather signatures for ballot access, Kennedy’s campaign says it has surpassed the threshold (the deadline is Monday). And one recent poll found Kennedy voters going for Allred over Cruz by 15 points. END OF AN ERA — “FreedomWorks Is Closing — And Blaming Trump,” Luke Mullins scooped in POLITICO Magazine: “[President ADAM] BRANDON said the decision to shut down was driven by the ideological upheaval of the Trump era. After Trump took control of the conservative movement, Brandon said, a ‘huge gap’ opened up between the libertarian principles of FreedomWorks leadership and the MAGA-style populism of its members.” Good Wednesday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.
| | | | A message from the Electronic Payments Coalition: WORKING-CLASS AMERICANS DEPEND ON CREDIT CARD REWARDS: A new study finds credit card rewards like cashback empower low-income families to pay for the rising price of everyday essentials—like groceries and gas. So why are DC politicians partnering with corporate mega-stores to end those hard-earned rewards programs that Americans rely on? The Durbin-Marshall Credit Card Bill takes billions from American families, lining corporate pockets instead. Tell DC politicians to OPPOSE the Durbin-Marshall Credit Card Bill. | | | | | 9 THINGS YOU NEED TO KNOW | | |  Kevin McCarthy is slamming Rep. Matt Gaetz (R-Fla.), who helped boot him from the speakership. | Mark J. Terrill/AP | 1. THE UGLIEST BEEF THIS SIDE OF KENDRICK VS. DRAKE: KEVIN McCARTHY has some choice words for Rep. MATT GAETZ (R-Fla.) in a new interview with Olivia Beavers. “‘Gaetz is the HUNTER BIDEN of the Republican Party,’ McCarthy said. … McCarthy was referring to the focus of an ongoing House Ethics Committee probe: allegations that Gaetz had sexual contact with minors. … Gaetz has denied the drugs and sex-related allegations.” Gaetz’s response, invoking the former speaker’s support for his primary opponent, AARON DIMMOCK: “I whooped Kevin McCarthy in Washington. I don’t think he’s going to fare better when I’m playing home-field advantage in North Florida.” 2. THE ACCIDENTAL SPEAKER: “Mike Johnson is no Forrest Gump,” by John Harris and Rachael: “In recent weeks, and with increasing confidence in the past few days, the new speaker has passed an early test: He’s demonstrated that MIKE JOHNSON is no Kevin McCarthy. … He is not someone who GOP politicians can torment with impunity. He has aligned himself with former President Donald Trump … while not being treated like a golden retriever … He is disliked by Democrats, naturally, but not generally held in abject contempt. … To be sure, Johnson’s recent swagger can — and probably should — be attributed mostly to the grace of Trump.” 3. THE STAKES FOR NOVEMBER: In a second White House term, Biden would aim to resurrect parts of his Build Back Better agenda and pass major legislation that could transform aspects of American life, AP’s Chris Megerian and Moriah Balingit report. From child care to elder care to paid family leave to universal pre-K, Biden is eyeing an agenda that aims to appeal to the “sandwich generation,” with a particular focus on lowering costs. “The challenge is convincing Americans — and their representatives on Capitol Hill — that caregiving is not a private issue but an economic one that could be foundational to higher employment and better opportunities.” (Plus the sticker shock of his proposals.) 4. HAPPENING NOW: “Microsoft Racine County data center expansion, new AI training focus of Biden visit to state,” by the Milwaukee Journal Sentinel’s Karl Ebert: “The project is expected to bring 2,000 union construction jobs to the area by the end of this year. … The focus on Microsoft could allow Biden to draw a distinction between the speed with which the Microsoft development is coming together compared with the unfulfilled promise of its neighbor, Foxconn, which former President Donald Trump dubbed ‘the eighth wonder of the world’ at a 2017 groundbreaking.” 5. NIGHTMARE FUEL: Arizona election workers have trained with AI-generated deepfakes to prepare for worst-case scenarios this fall, in the event that falsified images or recordings create a late splash in the election, WaPo’s Sarah Ellison and Yvonne Wingett Sanchez report. The exercise, led by Secretary of State ADRIAN FONTES and developed in part by the Brennan Center and the Elections Group, emphasized the importance of election workers making sure information is accurate before resharing it.
| | | | THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists.
Our newsroom is deeper, more experienced, and better sourced than any other—with teams embedded in the world’s most active legislative and regulatory power centers. From Brussels to Washington, New York to London, Sacramento to Paris, we bring subscribers inside the conversations that determine policy outcomes and the future of industries, providing insight that cannot be found anywhere else. Get the premier news and policy intelligence service, SUBSCRIBE TO POLITICO PRO TODAY. | | | | | 6. CRUCIAL DEMOGRAPHICS: “Democrats, Sensing Shift on Abortion Rights Among Latinas, Push for More Gains,” by NYT’s Jazmine Ulloa in Phoenix: “Polling trends, interviews with strategists and election results in Ohio and Virginia, where abortion rights played a central role, suggest Democrats’ optimism regarding Latinas — once considered too religious or too socially conservative to support abortion rights — could bear out. … [But] the diversity of the Latino voting population still poses some obstacles for Democrats.” Another pivotal group: “Young Michigan voters reveal deepening political problems for Biden seven months after start of Israel-Hamas war,” by CNN’s John King 7. CONVENTIONAL WISDOM: With the prospect looming of major pro-Palestinian protests at the Democratic National Convention, WSJ’s Ken Thomas and John McCormick take a look at the planning underway to mitigate them. City officials are urging demonstrators to protest miles away from the convention, but key groups have said they’ll be at the site even without a permit. And convention organizers “have held preliminary discussions on ways of melding the virtual elements used in 2020 … with the in-person proceedings onstage in Chicago. Such an approach, with some speeches or events happening off-site, could help organizers hedge against the risk of large demonstrations.” 8. DANCE OF THE SUPERPOWERS: From steel to electric vehicles to solar panels, the Biden administration is worried about a potential wave of cheap Chinese imports overwhelming domestic manufacturers, NYT’s Jim Tankersley reports. It hasn’t arrived yet, but the U.S. is eyeing a similar growing problem in Europe. In addition to conversations with Chinese officials, the U.S. is now looking at trade fights, protectionist measures or coordinated efforts to build an international coalition. The U.S. also wants to protect its artificial intelligence from China. And the Commerce Department is now weighing an effort to safeguard the software models undergirding AI systems like ChatGPT from being exported, Reuters scooped. 9. BUDGET BUSTERS: “Suburban backlash threatens country’s biggest transit systems,” by Ry Rivard: “The nation’s largest mass transit systems are edging closer to solving their post-pandemic budget crises, but one thing is standing in their way: the suburbs. After several years of incomplete recovery from a massive ridership drop, federal relief money is running out for systems in New York, Washington, Philadelphia and other major cities.”
| | | | LISTEN TO POLITICO'S ENERGY PODCAST: Check out our daily five-minute brief on the latest energy and environmental politics and policy news. Don't miss out on the must-know stories, candid insights, and analysis from POLITICO's energy team. Listen today. | | | | | | | PLAYBOOKERS | | Muriel Bowser’s Hill testimony was canceled after D.C. cleared the GW encampment. MAGA Inc. is now on TikTok. Donald Trump is having dinner with supporters who bought his NFTs. Jamaal Bowman’s YouTube diet is raising more questions. Daisy Bates will get a statue at the Capitol. OUT AND ABOUT — David and Katherine Bradley hosted a party for David Sanger’s new book, “New Cold Wars: China’s Rise, Russia’s Invasion, and America’s Struggle to Defend the West” ($33). SPOTTED: Sen. Chris Coons (D-Del.), Reps. Doris Matsui (D-Calif.), Seth Moulton (D-Mass.) and Adam Smith (D-Wash.), Mary Louise Kelly, Elisabeth Bumiller and Steve Weisman, Graham Allison, Zoë Baird, Anne Applebaum, Roger Sant, Norah O’Donnell, Margaret Carlson, Tori Nuland and Bob Kagan, Jane Mayer and Bill Hamilton, Bob and Pat Schieffer, Kylie Atwood, and Peter Baker and Susan Glasser. — The Outdoor Recreation Roundtable held its inaugural National Outdoor Recreation Executive Forum at the Ronald Reagan Building yesterday. SPOTTED: Interior Secretary Deb Haaland, North Dakota Gov. Doug Burgum, Arkansas Gov. Sarah Huckabee Sanders, Senate Majority Leader Chuck Schumer, Sens. John Hickenlooper (D-Colo.) and Joe Manchin (D-W.Va.), Reps. Don Beyer (D-Va.), Gabe Vasquez (D-N.M.) and Ryan Zinke (R-Mont.), I Ling Thompson, Jessica Turner, Kenny Thompson and John Podesta. — Voices for National Service held its Friends of National Service Awards last night to honor lawmakers who have championed AmeriCorps and community service. SPOTTED: Sens. Jack Reed (D-R.I.), Chris Coons (D-Del.), Tammy Baldwin (D-Wis.) and Cindy Hyde-Smith (R-Miss.), Reps. Don Bacon (R-Neb.), Andy Kim (D-N.J.), Chrissy Houlahan (D-Pa.) and Julia Letlow (R-La.), Colorado Lt. Gov. Dianne Primavera, Michael Smith and AnnMaura Connolly. — SPOTTED at a NobleReach Foundation and Dream Machine event about optimism in AI yesterday evening: Arun Gupta, Van Jones, Megan Smith, Tammy Haddad, Justin Fanelli, Nate Mook, Steven Overly, David Jeans, Jennifer Drogus, Austin Carson, Victoria Virasingh, Rebeca Lamadrid and Tina Anthony. — The 14th annual Great Ladies Luncheon yesterday at the Ritz-Carlton raised more than $700,000 for Alzheimer’s research, honored Kristin Rae Cecchi and Charlie Lefkowitz Crowley, and featured a Saks Fifth Avenue fashion show from Carolina Herrera. SPOTTED: Elise and Marc Lefkowitz, Wes Gordon, Larry Bruce, Anne White, Mark Roithmayr and Andrea Mitchell. MEDIA MOVE — Rebecca Carballo is joining POLITICO’s education team to lead coverage of student loan forgiveness, artificial intelligence and more. She most recently was a breaking news fellow at the NYT. TRANSITION — Rachel Stutler is joining Athos PR as an account executive. She most recently was media relations coordinator for the Florida Department of Corrections. 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.
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