| | | | |  | | By Eli Okun | | Presented by |  | | | |  | THE CATCH-UP | | |  Chief Justice John Roberts wrote for the conservative majority that all presidents (not just Donald Trump) have immunity from prosecution for their official actions. | J. Scott Applewhite, File/AP Photo | The Supreme Court gave DONALD TRUMP a partial but massive win on criminal immunity today, declaring that he can’t be prosecuted for acts he took in his official capacity as president. The 6-3 ruling along ideological lines will likely delay his most significant trial until after the election, seriously imperiling the election subversion case against him, and will expand the powers of the presidency to new heights. Chief Justice JOHN ROBERTS wrote for the conservative majority that all presidents (not just Trump) have absolute immunity from prosecution for their “core constitutional powers” and for their official actions but no immunity for their unofficial actions. Roberts wrote that an “energetic, independent Executive” is an important part of the U.S. government, and that Congress shouldn’t be allowed to criminalize a president’s official duties. Practically, the Supreme Court is sending the case back to Judge TANYA CHUTKAN to determine which of Trump’s actions were unofficial — and therefore which charges can stand. Plenty of ambiguity remains (about whether Trump’s pressure on MIKE PENCE and state officials to subvert the 2020 election was “official,” e.g.), which could make for some difficult decisions for Chutkan. But the court “immediately knocked out some of the central allegations that special counsel JACK SMITH leveled against Trump, including claims that he attempted to weaponize his Justice Department,” Josh Gerstein and Kyle Cheney write. Not only that: The justices found that protected official actions can’t be used as evidence in prosecution of unprotected unofficial actions, which could make Smith’s legal challenge more difficult. Liberal justices dissented with outright apocalyptic warnings for the future of America. “Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency,” Justice SONIA SOTOMAYOR began. “It makes a mockery of the principle … that no man is above the law.” She went on to warn that presidents could now take bribes and assassinate political opponents without being prosecuted (a fear that Justice KETANJI BROWN JACKSON echoed), and that “the President is now a king above the law.” Sotomayor concluded, “With fear for our democracy, I dissent.” Roberts dismissed these worries, writing that “they strike a tone of chilling doom that is wholly disproportionate to what the Court actually does today.” And Justice CLARENCE THOMAS went even further than Roberts’ opinion in his concurrence, declaring that special counsels may be unconstitutional. One upshot of the ruling is that Smith’s prosecution could now end up both giving Trump a huge political boost in the GOP primary and erasing checks on his power if he returns to the White House — all, potentially, without getting to trial. But that’s not all … The Supreme Court released two other major opinions today. — In Corner Post v. Board of Governors of the Federal Reserve System, the court’s conservatives continued their most consistent big legal shift of the term: steadily dismantling the administrative state. The justices ruled 6-3 to significantly expand the statute of limitations for companies to sue over federal regulations, allowing more retroactive challenges to long-standing rules. Jackson’s dissent warned that in conjunction with ending Chevron deference, the court could unleash “a tsunami of lawsuits” with “the potential to devastate the functioning of the Federal Government.” More from Victoria Guida — And in a closely watched pair of cases over Florida’s and Texas’ attempts to block social media platforms from moderating content online, the justices returned the lawsuits to lower courts, per Josh and Rebecca Kern. Justice ELENA KAGAN made the crucial finding for a 6-3 majority that even Big Tech behemoths have First Amendment rights and the ability to conduct content moderation on their platforms — a loss for conservatives who’d claimed censorship — though the opinion did not preclude the outcome that parts of the state laws could be upheld. Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.
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Only a bipartisan, comprehensive approach will win this fight. | | | | | 7 THINGS YOU NEED TO KNOW | | |  President Joe Biden called Ron Klain to emphasize that he doesn’t blame his team for the debate prep. | Matt Kelley/AP Photo | 1. SHOULD HE STAY OR SHOULD HE GO: As President JOE BIDEN’s team doubles down on him staying in the presidential race despite a tsunami of criticism, the president has “zero interest” in bowing out, and his allies are preparing a full-court press to counter the concerns, Axios’ Mike Allen and Jim VandeHei report. Their strategies range from the logical (warning of chaos and undercutting the democratic process at an open convention) to the practical (reassuring donors) to the delusional (cherry-picking polls). Biden called RON KLAIN to emphasize that he doesn’t blame his team for the debate prep. But the best that Biden world envisions is eking out a “narrow victory” — which Axios notes is “one of the greatest gambles in the history of politics.” More:
- The latest poll from USA Today/Suffolk University — which perplexingly does not yet report a head-to-head number — finds that 41 percent of Democrats want Biden replaced, per Susan Page.
- The latest ad from the Biden campaign doesn’t feature debate footage, but acknowledges his stumble implicitly, per NYT’s Shane Goldmacher: “Folks, I know I’m not a young man … I know, like millions of Americans know, when you get knocked down, you get back up.”
- The latest direct-to-Oval-Office message came from MIKA BRZEZINSKI on Biden’s beloved “Morning Joe,” where she stood behind the president while indicating that he may need staffing and scheduling changes.
- The latest poorly timed magazine cover is first lady JILL BIDEN for Vogue, where she tells Maya Singer (before the debate), “Each campaign is unique. But this one, the urgency is different.”
- The latest deep dive on what went wrong: NYT’s Jim Rutenberg and Adam Nagourney report that “party leaders were lulled into complacency or pressed to step in line at crucial moments when they might have persuaded Mr. Biden to step aside” in recent years.
2. BANK ON IT: “Tiny Chain Bridge is top banker to Trump, Republican campaigns,” by Reuters’ Lewis Jackson: “When Republican campaigns want a banker, they don’t go to New York or San Francisco, but to downtown McLean, Virginia — about a 20 minute drive from the White House, where a one-branch bank next to an auto repair shop has beaten bigger financial rivals to become a must-have partner for political work. … Its business model, and the group it serves, could face more scrutiny after the bank said in May it was considering going public.” 3. MORE DEBATE FALLOUT: As expectations of a Trump victory and GOP congressional sweep rise, Treasury yields leapt higher today, per the WSJ, partly on predictions that Republicans could extend massive tax cuts next year with full control of Washington. On the flip side, Morgan Stanley is predicting that a second Trump term would dampen economic growth and worsen inflation thanks to his immigration and tariff policies, per Bloomberg’s Masaki Kondo, “making yield curve steepeners an attractive bet.”
| | | | 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. | | | | | 4. KNOWING MARIE GLUESENKAMP PEREZ: “The Blue-Collar Democrat Who Wants to Fix the Party’s Other Big Problem,” by NYT Magazine’s Jason Zengerle: “Gluesenkamp Perez operates very differently from most of her fellow politicians. Interviewing prospective staff members, she’s as likely to ask them about what kind of car they own as about what kind of political experience they have. … But what really sets her apart is the way she thinks about the federal government itself — which she believes is woefully out of touch with the needs of working-class Americans. … Worst of all, she believed that these problems were largely attributable to her fellow Democrats, who, she said, ‘don’t respect people that work for a living.’” 5. BORDER SONG: In the wake of Biden’s huge executive action cracking on the southern border, illegal crossings in June hit 84,000, the lowest level since he took office, CBS’ Camilo Montoya-Galvez scooped. Biden’s ban on most asylum-seekers between ports of entry, which critics have said violates the law, and tougher enforcement by Mexico have eased the strain on the busiest border sectors. The last time there were this few migrant apprehensions was January 2021 (75,000). 6. STAT OF THE DAY: “Findings from NBC News’ last three national polls — all taken before last week's debate — show a whopping 25-point swing toward Trump among voters who didn’t participate in both 2020 and 2022, compared to voters who cast ballots in the last two national elections,” NBC’s Mark Murray and Katherine Koretski write in a look at crucial sporadic voters. 7. SCHOOL TIES: “Schools face a math problem: Money is running out and kids are still behind,” by WaPo’s Lauren Lumpkin: “In some parts of the country, student scores in math still have not reached pre-pandemic levels. Schools are racing to find solutions.” — “Conservatives Go to War — Against Each Other — Over School Vouchers,” by ProPublica’s Alec MacGillis: “School choice advocates are intent on expanding the availability of vouchers to fund private education at the expense of public schools, but rural residents of these targeted states are putting up some of the strongest resistance.”
| | | | SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, our newsletter taking you inside pivotal discussions at the most influential gatherings in the world. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW. | | | | | | | PLAYBOOKERS | | Devin Nunes lost his defamation lawsuit against WaPo. Hunter Biden filed suit against Fox News. Merrick Garland is getting sued by the House Judiciary Committee. Anna Paulina Luna has a new inherent contempt resolution that would fine Garland. Mike Turner and a bipartisan delegation visited Kyiv. IN MEMORIAM — “Soma Golden Behr, 84, Dies; Inspired Enterprising Journalism at The Times,” by NYT’s Trip Gabriel: “The first woman to serve as the paper’s national editor, she focused on issues of race, class and poverty, drawing prizes, and rose to the newsroom’s top echelon.” MEDIA MOVE — Terence Samuel is suddenly leaving his role as editor-in-chief of USA Today after just a year in the role, per NYT’s Katie Robertson. TRANSITIONS — Ryan Taylor is joining Perspective Strategies as a partner. He most recently was SVP at Forbes Tate Partners, and is a Hill GOP veteran. … Amy Hasenberg-Elliott is now comms director for Sen. Katie Britt (R-Ala.). She most recently was comms director for Sen. Jim Risch (R-Idaho), and is a Pat Toomey alum. … … Alice Hrdy is joining Morgan Lewis as a partner. She previously was principal deputy assistant director of the Office of Supervision Policy at the CFPB, and is an FTC alum. … Clint Woofter is now a director in Berkeley Research Group’s government contracts practice. He previously was a partner at Aprio. ENGAGED — Timothy Nerozzi, breaking news reporter at Fox News Digital, and Diana Glebova, campaign reporter at the N.Y. Post, got engaged Friday at the waterfront in Old Town, Alexandria. They met as editors at The Daily Caller in 2021 and began dating after repeatedly running into each other at D.C. parties throughout 2023. They plan to get married in the U.S. with an additional reception in Ukraine. Pics WELCOME TO THE WORLD — Michael Bagel, associate VP for public policy at the Alliance of Community Health Plans, and Alissa Bagel, literacy department chair at KIPP DC, welcomed Max Tessler Bagel on June 19. He came in at 6 lbs, 12 oz, and joins big sister Sophia Rose Bagel. BIRTHWEEK (was Saturday): Hal Brewster of Freshfields Bruckhaus Deringer 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. Correction: Friday’s Playbook PM misspelled Irie Sentner’s name. | | | | 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 politics and policy newsletters | | Follow us | | | | |
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