| | | | |  | | By Eli Okun | | | |  Justice Samuel Alito may have just signaled an openness to Donald Trump’s claim his free-speech rights are being violated. | Carolyn Kaster/AP Photo | BREAKING — Special counsel JACK SMITH isn’t wasting any time in taking the DONALD TRUMP criminal immunity question to the Supreme Court. Smith and his team of federal prosecutors today filed what they called an “extraordinary request” in an “extraordinary case,” asking the high court to weigh in on an expedited basis — “as promptly as possible.” At issue is whether Trump is entitled to immunity for his behavior while he was president, stemming from the 2020 election subversion case against him. This could provide the Supreme Court its first opportunity to opine on the Trump prosecutions. It’s an “aggressive bid” from Smith, Josh Gerstein and Kyle Cheney report. The filing ALITO TEA LEAF ON TRUMP GAG? — Separately, as Trump vows to fight all the way to the Supreme Court against the gag order a judge imposed in the federal criminal case stemming from his efforts to subvert the 2020 election, one justice may have just signaled an openness to Trump’s claim his free-speech rights are being violated, Josh writes in. “Our democratic form of government is undermined if Government officials prevent a candidate for high office from communicating with voters, and such efforts are especially dangerous when the officials engaging in such conduct are answerable to a rival candidate,” Justice SAMUEL ALITO wrote in a solo opinion this morning in a case about the Biden administration’s contacts with social media firms over alleged misinformation on their platforms on issues like Covid and election fraud. The statement from Alito came as he dissented from the court’s decision denying one of Trump’s fellow presidential candidates, ROBERT F. KENNEDY JR., permission to intervene in the case pending at the high court. But the GEORGE W. BUSH appointee echoed Trump’s chief criticism of the gag order against him: that it amounts to an attempt by the Biden administration to limit his speech in the middle of a presidential campaign. A D.C. Circuit panel largely upheld the gag Friday as necessary to ensure the fairness and safety of witnesses, jurors and court personnel, but Trump has promised to keep trying to get the order overturned. WAR CRIMES WATCH — In a stunning revelation, WaPo’s William Christou, Alex Horton and Meg Kelly report that Israel used white phosphorus in Lebanon in October that it received from the U.S. The use of such munitions, which is prohibited under international law near civilians, injured nine people. The Post “found remnants of three 155-millimeter artillery rounds” with production codes traced to the U.S., though an American official says the U.S. hasn’t given Israel any white phosphorus during this war. Israel claims that its use of white phosphorus complies with the law, but human rights groups say it should be investigated as a potential war crime. “The United States is under an obligation to track the behavior of its partners and allies who receive its assistance in order to comply with U.S. law, humanitarian law experts said.” Responding to the story, JOHN KIRBY told reporters today that white phosphorus can “have a legitimate military utility” in some contexts and that the U.S. expects its use will be limited to those legal scenarios when it sends the munitions to allies. He said the Biden administration is “concerned” and would look into the matter. More from Matt Berg Back stateside, Israel’s war continues to enjoy majority support from Americans: A new WSJ poll finds that 55% of registered voters say Jerusalem is doing what’s necessary, compared to 25% who think it’s going too far, Sabrina Siddiqui reports. But voters are generally divided over whether the U.S. is doing too much, too little or the right amount to support Israelis or Palestinians. Meanwhile, major cities around the U.S. have seen hate crimes rise since the war began, especially against Jews and Muslims, WSJ’s Erin Ailworth and Jon Kamp report. Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line at eokun@politico.com.
| | | | A message from Google: Goodcall is answering the needs of small businesses with Google AI. Many small businesses are short-staffed and have to compromise between monitoring their phones and serving their current customers. Goodcall leverages the conversational AI services of Google Cloud to offer them an affordable alternative: virtual call agents. Learn more. | | | AMERICA AND THE WORLD JACK THE DRIPPER — The Air Force told Congress today that it disciplined 15 National Guard members in connection with the JACK TEIXEIRA mega-leak case, thanks to a “lack of supervision” and a “culture of complacency,” WaPo’s Dan Lamothe reports. The disclosure appears to have been triggered by a new WaPo/PBS “Frontline” investigative series about the Discord leaks, the first installment of which published today from Shane Harris and Samuel Oakford. The story digs deep into how Teixeira managed to secure a top-secret security clearance despite a personal history of making violent threats and a penchant for baseless, sometimes bigoted conspiracy theories. The incredibly damaging national security leaks also “expose how vulnerable the Pentagon is to a threat from within and the vast proliferation of top-secret information across the government. … His superiors caught him in the act several times but did not remove him from his job.” WHERE THE IRA IS PLAYING WELL — “Bidenomics is a big hit — outside the U.S.,” by Karl Mathiesen, Zack Colman and Charlie Cooper at COP28 in Dubai: “The mammoth climate law that serves as the linchpin of President JOE BIDEN’s economics program has ignited a new zeal among leaders around the world for the kind of winner-picking, subsidy-flush governing that has been out of fashion in many countries for the past 40 years.” JUDICIARY SQUARE SCOTUS WATCH — The Supreme Court today rejected a challenge to Washington state’s ban on conversion therapy for LGBTQ+ children, per CNN’s Devan Cole. Justices Alito, BRETT KAVANAUGH and CLARENCE THOMAS dissented and said they would have taken up the case, raising questions about the First Amendment and speech limits. More from the high court: “Supreme Court Wipes Away Conflicting Rulings on Covid Vaccines,” by Bloomberg Law’s Lydia Wheeler and Kimberly Strawbridge Robinson … “Supreme Court sides with 83-year-old woman forced to her knees during traffic stop,” by USA Today’s John Fritze WAR IN UKRAINE HAPPENING TODAY — Ukrainian President VOLODYMYR ZELENSKYY is addressing U.S. military service members at the National Defense University, as he mounts a push to convince Washington to send more aid to Kyiv, per AP’s Tara Copp and Lolita Baldor. 2024 WATCH POLITICAL VIOLENCE WATCH — New Hampshire man TYLER ANDERSON was arrested and accused of threatening to kill VIVEK RAMASWAMY at an event today, ABC’s Luke Barr and Kelsey Walsh report. ANOTHER AMAZING POLL FOR TRUMP — And another disastrous one for Biden: CNN finds the former president leading the incumbent by 10 points in Michigan and 5 points in Georgia in new CNN polling. (With third-party candidates included, Trump leads by 8 in each.) There’s broad disapproval of Biden in these electorates, with his familiar vulnerabilities showing up big time among voters. THE VIEW FROM WALL STREET — NYC’s financial class is finally acknowledging what everyone else has known for a while: Trump looks unstoppable in the GOP primary, Sam Sutton reports. “While billionaires and their strategists continue to throw Hail Marys, they’re also thinking about when to throw in the towel.”
| | | | SUBSCRIBE TO CALIFORNIA CLIMATE: Climate change isn’t just about the weather. It's also about how we do business and create new policies, especially in California. So we have something cool for you: A brand-new California Climate newsletter. It's not just climate or science chat, it's your daily cheat sheet to understanding how the legislative landscape around climate change is shaking up industries across the Golden State. Subscribe now to California Climate to keep up with the changes. | | | | | POLICY CORNER DIPPING INTO CHIPS — The Biden administration today rolled out the first big new Commerce Department grant for semiconductor chip manufacturing, announcing $35 million for defense contractor BAE Systems in Nashua, New Hampshire, NYT’s Ana Swanson reports. The money comes from the CHIPS and Science Act, and Secretary GINA RAIMONDO said its selection was meant to highlight the national-security importance of the investments. It will allow BAE “to quadruple its domestic production of a type of chip used in F-15 and F-35 fighter jets.” WINDED — “What Ails Offshore Wind: Supply Chains, Ships and Interest Rates,” by NYT’s Ivan Penn, Stanley Reed and Brad Plumer: “Government officials and energy developers misjudged the difficulty of building huge clean energy projects in the United States, which has built very few of them.” THE LOAN LURCH — The Biden administration’s next round of student debt relief is concerning progressives and top Democrats on the Hill, who worry that Biden isn’t going far enough, Michael Stratford reports. Sen. ELIZABETH WARREN (D-Mass.) and Senate Majority Leader CHUCK SCHUMER are leading the push for the Education Department to do more. Read their letter THE WHITE HOUSE THE AGE-OLD QUESTION — At the White House holiday party for journalists, Biden’s remarks “strayed into a couple of hazy monologues,” not quite projecting the image of vigor the White House would like to convey, Semafor’s Ben Smith writes. “His speech wasn’t terrible, or even noteworthy. But everyone in the room realized Biden had a simple rhetorical job and hadn’t quite pulled it off. … I’d expect that speech to echo quietly in reporters’ minds — and in their coverage — over the coming months.” MEDIAWATCH ONE NATION — The Nation will switch next month from publishing in print every other week to coming out once a month, NYT’s Kate Dwyer reports, but the new version will nearly double in size. The progressive outlet says it’s a shift meant to accommodate what people want from a print magazine. TRUMP CARDS BY THE NUMBERS — Trump’s defense in his civil business fraud trial has cost at least $2.5 million just for expert witnesses, ABC’s Peter Charalambous and Soo Rin Kim report. VALLEY TALK THE X FACTOR — Despite a mass exodus of advertisers from ELON MUSK’s X, Democratic political candidates are continuing to spend big on the platform, WaPo’s Cristiano Lima and Aaron Schaffer report. Millions of dollars spent by congressmen like ADAM SCHIFF (Calif.) and DAN GOLDMAN (N.Y.) indicate that “liberal politicians have been willing to overlook party leaders’ qualms with Musk to pay his company to reach potential voters and donors on X, which is still viewed as an important campaign messaging tool.” Dems are spending roughly the same amount on X as Republicans.
| | | | POLITICO AT CES® 2024: We are going ALL IN On at CES 2024 with a special edition of the POLITICO Digital Future Daily newsletter. The CES-focused newsletter will take you inside the most powerful tech event in the world, featuring revolutionary products that cut across verticals, and insights from industry leaders that are shaping the future of innovation. The newsletter runs from Jan. 9-12 and will focus on the public policy-related aspects of the gathering. Sign up today to receive exclusive coverage of the show. | | | | | MORE POLITICS FILING SEASON — Rep. SHEILA JACKSON LEE (D-Texas) has filed at the last minute to run for reelection after losing the Houston mayoral race, per the Houston Chronicle’s Jasper Scherer. … Republican VINCE FONG changed his mind and is now running to succeed Rep. KEVIN McCARTHY (R-Calif.) in the Central Valley. BEYOND THE BELTWAY IMMIGRATION FILES — In Lukeville, Arizona, authorities have fully shut down the border even to legal crossings in the wake of a spike in illegal immigration, NYT’s Jack Healy and Miriam Jordan report. That “has created a split-screen crisis — a humanitarian emergency at the border, where hundreds of migrants are burning cactuses and trash to keep warm at night, and an economic disaster for people in rural southern Arizona whose lives and livelihoods depend on the now-shuttered border crossing.” AILING AMERICA — “Record Rent Burdens Batter Low-Income Life,” by NYT’s Jason DeParle in Charleston, South Carolina: “The problem is not that poverty has grown but that prosperity has spread in unequal fashion, bidding up rents and leaving behind families of modest means as federal aid declined.” CONGRESS IMPEACHMENT LATEST — House Oversight ranking member JAMIE RASKIN (D-Md.) has been meeting with some Republicans to try to sway them against the Biden impeachment inquiry, Fox News’ Brooke Singman scooped. DETAILS OF THE NDAA — “Inside the GOP’s tense negotiations with Democrats to ban Pentagon-funded ‘censorship,’” by the Washington Examiner’s Gabe Kaminsky: “The final draft of the 2024 National Defense Authorization Act … includes an amendment Republicans hope will stop the Pentagon from contracting with groups ‘censoring’ conservatives. That provision … made it into the bill text after House Speaker MIKE JOHNSON (R-LA) and Republicans fought ‘tooth and nail’ with Senate Majority Leader CHUCK SCHUMER (D-NY) and Senate Majority Whip DICK DURBIN (D-IL).” PLAYBOOKERS WHITE HOUSE DEPARTURE LOUNGE — Neal Higgins is now a partner in Eversheds Sutherland’s litigation practice group. He previously was deputy national cyber director for national cybersecurity, and is a CIA alum. TRANSITIONS — Mara Karlin is leaving her role as a top Pentagon policy official, worsening a gap in the office amid Sen. Tommy Tuberville’s (R-Ala.) holds on some military nominees, Lara Seligman and Paul McLeary scooped. … Ken Wingert is joining Monument Advocacy to lead their financial services and real estate work. He previously led Zillow’s federal government relations team. … Jackson Still is joining Sen. Bob Casey’s (D-Pa.) office as tax, trade and labor legislative correspondent. He previously was a legislative correspondent/staff assistant for Rep. Lizzie Fletcher (D-Texas). BONUS BIRTHDAY: HHS’ Brian Reich (46) 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, producer Andrew Howard and Playbook Daily Briefing producer Callan Tansill-Suddath.
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