Justice is blind (to document requests)

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Playbook PM

By Eugene Daniels and Garrett Ross

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YOUR WEEKEND FORECAST — “Rain, rain, go away: Here’s your guide to navigating a wet WHCD weekend,” by Daniel Lippman and Steven Shepard

FILE - West Virginia Gov. Jim Justice delivers his annual State of the State address in the House Chambers at the West Virginia Capitol in Charleston, W.Va., Jan. 11, 2023. Justice is set to make an announcement Thursday, April 27, ending speculation about whether he will seek the U.S. Senate seat currently held by Democrat Joe Manchin.

West Virginia Gov. Jim Justice is denying national Democrats' requests for records in his office. | Chris Jackson/AP Photo

FIRST IN PLAYBOOK — Even before West Virginia Gov. JIM JUSTICE jumped into the race for Sen. JOE MANCHIN’s (D-W.Va.) seat yesterday, his office deployed some hardball — and legally questionable — maneuvers to frustrate national Democrats preparing for his run.

The DSCC filed a Freedom of Information Act request on March 30 in West Virginia seeking Justice’s “official schedule or official calendar from January 2017 to present,” as well as the schedules or calendars of three of Justice’s staffers. It’s a standard move for opposition researchers digging into a sitting public official, and DSCC Research Director DIANA ASTIZ noted in the request that state law “permits disclosure of personal communications when the content or context relates to the conduct of the public’s business.”

On April 6, Justice’s office responded to the initial request, denying access. “None of the individuals above maintains a schedule or calendar solely for official business, as all calendars are reserved for the convenience of those individuals and contain both personal and official appointments,” the response letter states. The denial also cited a federal FOIA law as grounds for its refusal.

Then, on April 13, the DSCC refiled the request, noting that the federal FOIA statute has no bearing on West Virginia state law, which allows public access to “any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public's business.”

Justice’s office responded on April 20, again denying the release of any schedules or calendars, this time citing both federal law and a Kentucky appeals court ruling dealing with that state’s FOIA law. General Counsel J. BERKELEY BENTLEY wrote that the decision was final and that Democrats could sue if they didn’t like it.

A spokesperson for Justice’s office did not respond to a request for comment. The DSCC, meanwhile, is considering its options. Spokesperson DAVID BERGSTEIN said Justice, who is already facing questions about his business dealings, “will face a level of scrutiny that he's never encountered before.”

“His refusal to disclose his work schedule, or lack thereof, raises many additional questions that will undoubtedly be surfaced within this brutal Republican primary,” Bergstein added.

SPEAKING OF JUSTICE … Our colleague Burgess Everett reports today that it was Senate Minority Leader MITCH McCONNELL who personally recruited the governor to get into the race as he worked to stave off any influence from former President DONALD TRUMP.

“The upside to McConnell’s visit was simple: Courting Justice early would limit the risk if the former president backs another Manchin challenger and wins the party’s presidential nomination. Someone like Rep. ALEX MOONEY (R-W.Va.), a member of the House Freedom Caucus who got Trump face time in Florida last week,” Burgess writes.

McConnell’s gambit: “After several Trump-inspired candidates fell short last fall and denied the GOP the majority, the Kentucky Republican hopes to run a Senate campaign plan that’s divorced from the presidential race. That means getting candidates who can win even with the former president back on the ballot next year.”

HERE COMES PENCE — “Mike Pence is getting some political muscle. Super PAC to launch in May,” by Adam Wren: “A super PAC backing an expected MIKE PENCE presidential bid is planning to launch in mid-May, while his campaign is ramping up talks with consultants and activists in early nominating states, according to a senior adviser to the former vice president.”

RED LIGHT REDISTRICT — “North Carolina Supreme Court clears way for partisan gerrymandering,” by Zach Montellaro: “This sets up a process that allows national Republicans to expand their majority in the House of Representatives by as many as four seats.”

CLICKER — “Newly released White House photos capture the day bin Laden was killed,” by WaPo’s Nate Jones

Good Friday afternoon. Thanks for reading Playbook PM. Send me the best joke that you would deploy if you were hosting the WHCD: gross@politico.com.

 

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2024 WATCH

BURNING DOWN THE MOUSE — “DeSantis’ overseas trip overshadowed by fight with Disney,” by AP’s Brendan Farrington: “Facing questions this week about his standing within the GOP and his fight with Disney, he’s sometimes appeared agitated, reinforcing concerns within corners of his own party about his readiness for the rigor of presidential politics. … Speaking in Israel, DeSantis expressed confidence in his actions and is showing no sign of letting the Disney issue go. ‘I don’t think the suit has merit, I think it’s political,’ said DeSantis, whose political team has used the Disney fight to raise money.”

CONGRESS

THE STATE OF PLAY — “House GOP leaves Washington with a debt win — but not quite a breakthrough,” by Sarah Ferris and Olivia Beavers: “While Republicans believed the plan they passed Wednesday would force Biden to the table, the White House and most congressional Democrats have brushed it off and made clear they won’t entertain the GOP’s demands. Instead, both sides have retreated further into their corners, with each party planning to spend the coming days talking almost entirely to its respective base voters.”

HEADS UP — “House votes to rescind Biden’s solar tariff moratorium,” by Kelsey Tamborrino: “Twelve Democrats joined 209 Republicans to vote in favor of the Congressional Review Act resolution, H.J. Res. 39 (118). Eight Republicans voted against the resolution. The bipartisan support raises the stakes ahead of a Senate vote on the measure, where several Democrats have already said they would vote to rescind Biden’s two-year pause that was announced last June.”

 

JOIN US IN Los Angeles as the race for the White House and campaign 2024 kicks into gear! POLITICO’s Senior Political Columnist Jonathan Martin and Playbook Co-Author & MSNBC Political Analyst Eugene Daniels will lead conversation with veteran Democratic Strategist, the Ragin’ Cajun James Carville following Day One of the Milken Conference Monday, on May 1 at 5:30pm at the Peninsula Beverly Hills. Is Biden/Trump II inevitable? What would a second term of either look like? What are the political fault lines that will determine the race for the next 18 months? Space is very limited, register for a chance to join here.

 
 

POLICY CORNER

LEAK LATEST — “Accused Pentagon leaker’s violent rhetoric raises fresh questions about top secret vetting process,” by CNN’s Natasha Bertrand, Sean Lyngaas, Zachary Cohen and Haley Britzky: JACK TEIXEIRA “had to fill out an extensive questionnaire known as E-QIP (Electronic Questionnaires for Investigations Processing) and be vetted by the Defense Counterintelligence and Security Agency before being granted his clearance in 2021, officials told CNN. But according to court documents filed by prosecutors on Wednesday, Teixeira was suspended from his high school only three years earlier, when a classmate ‘overheard him make remarks about weapons, including Molotov cocktails, guns at the school, and racial threats.’ ‘That clearly would have been a red flag,’ one Pentagon official told CNN.”

Related read: “Congress’ anger at FBI shapes surveillance program’s future,” by AP’s Nomaan Merchant and Eric Tucker

STUCK IN THE MIDDLE — “How Randi Weingarten Landed at the Heart of America’s Political Fights,” by NYT’s Jonathan Mahler: “The public-education system may not be very popular right now, but both Democrats and Republicans tend to like their local schools and their children’s teachers. The unions that represent those teachers, however, are more polarizing. One reason for this is that they are actively involved in partisan politics, and, more specifically, are closely aligned with the Democrats, a reality powerfully driven home during the pandemic. … In some ways, RANDI WEINGARTEN and the A.F.T. — the union ‘boss’ and ‘big labor’ — are a logical, even inevitable target for the G.O.P.”

THE MEDICAID MESS — “Kicked off Medicaid: Millions at risk as states trim rolls,” by AP’s Amanda Seitz and Anita Snow

THE ECONOMY

FED UP — “Fed blames Trump-era policies, SVB leaders — and itself — for bank’s stunning collapse,” by Victoria Guida: “In an extraordinary and widely anticipated report led by [Fed regulatory chief MICHAEL] BARR, the Fed faulted SVB’s leadership for allowing glaring problems to build up in the leadup to the run by depositors that left the once-high-flying bank insolvent and shook the global financial system. But the 100-page document also criticizes an overly cautious approach by examiners at the central bank, a problem that it says was worsened by directives from RANDAL QUARLES, the Trump-appointed official who served as vice chair for supervision until late 2021.”

Related read: “​​Wages Continue to Grow, Good for Workers but a Worry for the Fed,” by NYT’s Ben Casselman

BEYOND THE BELTWAY

REWRITING HISTORY — “GOP uses state capitol protests to redefine ‘insurrection,’” by AP’s Kimberlee Kruesi and Ali Swenson: “Silenced by her Republican colleagues, Montana state Rep. ZOOEY ZEPHYR looked up from the House floor to supporters in the gallery shouting ‘Let her speak!’ and thrust her microphone into the air — amplifying the sentiment the Democratic transgender lawmaker was forbidden from expressing.

“It was a brief moment of defiance and chaos. While seven people were arrested for trespassing, the boisterous demonstration was free of violence or damage. Yet later that day, a group of Republican lawmakers described it in darker tones, saying Zephyr’s actions were responsible for ‘encouraging an insurrection.’ It’s the third time in the last five weeks — and one of at least four times this year — that Republicans have attempted to compare disruptive but nonviolent protests at state capitols to insurrections.”

POWERFUL READ — “Homeless in the City Where He Was Once Mayor,” by NYT’s Mike Baker: “CRAIG COYNER’s descent onto the streets of Bend, Ore., came after decades spent fighting as a lawyer and politician for those on the edge of society.”

 

HAPPENING NEXT WEEK! GO INSIDE THE 2023 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is proud to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage, insider nuggets and unparalleled insights from the 2023 Global Conference, which will convene leaders in health, finance, politics, philanthropy and entertainment from May 1-4. This year’s theme, Advancing a Thriving World, will challenge and inspire attendees to lean into building an optimistic coalition capable of tackling the issues and inequities we collectively face. Don’t miss a thing — subscribe today for a front row seat.

 
 

AMERICA AND THE WORLD

ON THE GROUND IN UKRAINE — “Russian missile and drone attack in Ukraine kills 19 people,” by AP’s Andrea Rosa, Hanna Arhirova and David Rising: “The missile attacks included the first one against Kyiv, Ukraine’s capital, in nearly two months, although there were no reports of any targets hit. The city government said Ukraine’s air force intercepted 11 cruise missiles and two unmanned aerial vehicles over Kyiv.”

FOR YOUR RADAR — “U.S. Arms Warplanes With ‘Bunker Busting’ Bombs in Message to Iran,” by WSJ’s Dion Nissenbaum: “The decision to put more powerful weapons on a squadron of A-10 Warthogs was designed to give pilots a greater chance of success in destroying ammunition bunkers and other entrenched targets in Iraq and Syria, where U.S. forces have been repeatedly targeted by Iran-backed fighters, the officials said.”

PLAYBOOKERS

OUT AND ABOUT — The Bipartisan Policy Center hosted a party yesterday evening for Richard Norton Smith’s new book, “An Ordinary Man: The Surprising Life and Historic Presidency of Gerald R. Ford,” ($19.99) at the AT&T Forum. SPOTTED: Sen. Dick Durbin (D-Ill.), Ann Compton, Jason Grumet, Luci Manning, Howard Mortman, Paul Orgel, Tevi Troy, Steve Holland, Alice Stewart, Tom DeFrank, Michele Manatt, Janet Brown, Erin Meade, Lisel Loy, Michele Nellenbach, Kelly Darnell, Jason Grumet, Steve Scully, Andrew Nason, Chris Matthews, Naleli Askew, Eric Nelson and Michael Thorning.

— Alencia Johnson, Ryan Butler and Willie “Prophet” Stiggers hosted an event Wednesday night at HQ DC House celebrating hip hop’s 50th anniversary and the role it has played in social justice movements, with Reps. Hank Johnson (D-Ga.) and Jamaal Bowman (D-N.Y.) in attendance to explain the importance of their Restoring Artistic Protection (RAP) Act. SPOTTED: Vince Evans, Erica Loewe, Kirsten Allen, Stephanie Young, Crystal Carson, Jason Johnson, Richard Fowler, Michele Ballantyne, Sean Glover, Brittany Packnett Cunningham, Shaniqua McClendon and Sesha Joi Moon.

The Embassy of Sweden hosted an event Monday night at the Rayburn House Office Building in celebration of the Swedish Army’s 500 Year Anniversary and the strong bilateral ties between the United States of America and the Kingdom of Sweden. SPOTTED: Swedish Ambassador Karin Olofsdotter, Reps. Brandon Williams (R-N.Y.), Rick Larsen (D-Wash.), Joe Wilson (R-S.C.), Joe Morelle (D-N.Y.), Jack Bergman (R-Mich.), Dale Strong  (R-Ala.) and Doug Lamborn (R-Colo), Erik Smith, Lena Gillström, Lennart Ljungfelt, Karl Engelbrekston, Jonas Wikström and Jonny Lindfors.

— SPOTTED last night at the Western Caucus Foundation Spring Reception near Bullfeathers with a special performance from Rep. Rick Crawford’s (R-Ark.) band, Triple Nickel: Congressional Western Caucus Chair Rep. Dan Newhouse (R-Wash.), Pete Stauber (R-Minn.), Cliff Bentz (R-Ore.), Darrell Issa (R-Calif.), Tom Tiffany (R-Wis.), Debbie Lesko (R-Ariz.), Bill Johnson (R-Ohio), John Curtis (R-Utah), Ryan Zinke (R-Mont.), Jake LaTurner (R-Kan.), Adrian Smith (R-Neb.), Mariannette Miller-Meeks (R-Iowa), Nicole Malliotakis (R-N.Y.), Doug LaMalfa (R-Calif.), Juan Ciscomani (R-Ariz.), Austin Scott (R-Ga.), Jim Baird (R-Ind.), Dusty Johnson (R-S.D.), Jerry Carl (R-Ala.), Russ Fulcher (R-Ind.), and Andy Ogles (R-Tenn.).

WELCOME TO THE WORLD — Ashley Parker, senior national political correspondent for WaPo, and Mike Bender, political correspondent for NYT, welcomed Nell Parker Bender on Monday. Pic

BONUS BIRTHDAY: Education’s Joaquin Tamayo

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California Today: Your favorite places to see art in the state

An "incorrect museum" in Napa. A walk celebrating artists working out of a former brewery. California has plenty of wonderful options.
Author Headshot

By Soumya Karlamangla

California Today, Writer

It's Friday. Readers share their favorite places to see art in the state. Plus, why are so many of San Francisco's rooms for homeless people still vacant?

The di Rosa Center for Contemporary Art in Napa features many Northern Californian artists, including Mark di Suvero and his sculpture "For Veronica." Grace Hendricks

NAPA — There's a popular stop in Wine Country, along a winding highway with acres of vineyards unfurling on either side. But it isn't a place to taste chardonnay or cabernet sauvignon, nor is it a new Michelin-starred restaurant. It's a museum.

Tucked between two wineries in Napa Valley, the di Rosa Center for Contemporary Art highlights the work of Northern California artists, with galleries, sculpture gardens and a 35-acre lake. Opened in 1997, the museum was the project of Rene di Rosa, an aspiring viticulturist who sold his vineyards to create a preserve dedicated to Bay Area funk art — a space he called his "incorrect museum," which would be fun, free of pretense and open to visitors at no charge. (There is now a $20 entrance fee.)

Many readers recommended di Rosa to me, including Ann Scarff, who says she takes guests there after they've visited enough nearby wineries that the flavors have begun to blend together. "This magical place livens conversation as well as appreciation of the countryside and Northern California artists from the past century to the current," Scarff, who lives in Sonoma, wrote.

When I arrived at the museum's main gallery on a recent Sunday, I was greeted by an Oldsmobile that was covered with billiard balls, toy guns and a pair of handcuffs, among other things, and had a giant rhino's head sticking out of its hood. I strolled into the grassy sculpture garden, between the world's tallest file cabinet, the gargantuan tangled roots of a redwood tree and an unsettling set of hands sticking out of the earth — a piece constructed by di Rosa himself.

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I thought about the tongue-in-cheek lyrics that di Rosa handed out to the museum's earliest guests in the late 1990s: "Art here is a healthy remedy / with a laugh at rascality not posing as ponderosity."

For the past several weeks, you've been emailing me your choices for the best museums and places to enjoy art in California. Today I'm sharing a selection of your suggestions, sorted by region and lightly edited for clarity. Enjoy!

Northern California

Crocker Art Museum in Sacramento

"The Crocker is our go-to museum, even though we live more than an hour away and the iconic museums of San Francisco are closer. The core collection focuses on U.S. and California art and can be viewed in as little as 60 to 90 minutes if pressed for time. The art on display is well curated with great explanations of what to look for in each piece — great for novices and gallery regulars. Frequent special exhibits are very high quality. Recent exhibits include Alexander McQueen and the largest Wayne Thiebaud retrospective in the country." — Kathy Jakel, Lafayette

Anderson Collection at Stanford University

"Next door to the larger Cantor museum and sculpture garden, the Anderson Collection has modern art by Rothko, Diebenkorn, Thiebaud and so many more, with an emphasis on California artists. You always see something new because the curators rotate the collection and bring in new artists via exhibitions. My husband and I like to stop by a couple times a year for 45 minutes and just soak up the art, sometimes on our way to the Stanford Shopping Center. It's so easy to access, especially on the weekends. And did I mention it's free?" — Sonia Brunner, Los Altos

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Central California

"Carmel Art Association has a huge selection of local artists, all for sale. We love the amazing work there and have purchased several original works. It is a nonprofit so there are no fees for the artists. Amazing art!" — Pollyanna Pixton, San Jose

Sand City Art Park in Monterey County

"The monthly Night Market in Sand City Art Park brings together live music, food trucks and local brewers in the heart of the public murals in Sand City. It's an intergenerational event focused around art." — Susie Brusa, Monterey County

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Southern California

Oceanside Museum of Art in San Diego County

"Every time I visit — I'm a card-carrying regular — I'm knocked out by how much talent resides in North San Diego County. The Oceanside community has put so much effort toward making the museum a success, and for my money, and I'm floored by it every time." — Debby Bright, Oceanside

Brewery Artwalk in Los Angeles

"This artist's colony on the outskirts of downtown Los Angeles is home to 50 or more working artists in all mediums, including painting, sculpture and jewelry. The artwalk happens twice a year, and it's been so fun getting to know these artists and talking to them about their work." — Suzanne Graf, Los Angeles

"It's a little jewelry box. It seemed that every piece on display was a gem of its kind. Mr. Simon collected an outstanding array of work by Degas — I could study the pastels alone for hours. I also remember a show of Nabi paintings that really put that group on the map for me. My husband and I put a print of 'Chestnut Gatherers' by Georges Lacombe above our fireplace when we got home." — Anne Miller, Oakland

You can send your own recommendation to CAToday@nytimes.com. Please include your name and the city where you live.

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The Los Angeles skyline above the Union Pacific L.A.T.C. Intermodal Terminal.Damian Dovarganes/Associated Press

The rest of the news

  • Emissions: California has passed an ambitious rule that will ban locomotive engines older than 23 years by 2030 and increase the use of zero-emissions technology to transport freight, The Associated Press reports.
  • Facial recognition: A man believed to be the first American wrongfully arrested based on facial recognition technology testified before the California Legislature, which is considering several proposals about the use of the technology by the police, The Guardian reports.
SOUTHERN CALIFORNIA
James Heaps, a former gynecologist at U.C.L.A., has been sentenced to 11 years in prison for sexually abusing female patients over the course of a 35-year career.Pool photo by Al Seib
CENTRAL CALIFORNIA
  • Affordable housing: Santa Cruz has become the first city on the Central Coast to reach an affordable housing goal set by the state, KSBW-TV reports. Only 6 percent of cities across the state have reached that goal.
NORTHERN CALIFORNIA
  • Homelessness: San Francisco has invested over $300 million on rooms for homeless people, but a slow referral process and poor living conditions keep many of the rooms vacant, The San Francisco Chronicle reports.
The Merced River reflecting the Gates of the Valley in Yosemite National Park.Jim Wilson/The New York Times

Where we're traveling

Today's tip comes from Kristine DeYoung, who lives in Laguna Woods:

"Although it may seem like a no-brainer, my favorite place is Yosemite National Park. As a native with the privilege of growing up within an hour's drive to the desert, mountains and the ocean, Yosemite has captured my soul.

As a younger woman, I backpacked or hiked many of the park's trails, often bringing along my young son to learn about the magical lakes, big trees, brave coyotes and hungry bears. In my middle-aged years, I loved camping and hiking in the park alone or with friends. Each season has its own spectacular wonders.

Now, as a retiree and artist, I am still inspired by Yosemite's rocks, water, plants, animals, history and changing skies. Plus, I have the luxury of seeing her when most of the summer tourists are gone."

Tell us about your favorite places to visit in California. Email your suggestions to CAtoday@nytimes.com. We'll be sharing more in upcoming editions of the newsletter.

Tell us

After a rainy winter, spring has arrived in California. Tell us your favorite part of the season, whether it's road trips, festivals, sunny afternoons or wildflower sightings.

Email us at CAToday@nytimes.com, and please include your name and the city where you live.

And before you go, some good news

The Marin Independent Journal recently asked readers to send in six-word stories about luck. Here are some of my favorites:

"Knock on wood — family, friends, health." — Mary Lou Hayward, Novato

"The doctor called. Scans are clear." — Rebecca Tollen, San Rafael

"Storm took beautiful trees; thankfully safe." — Rebecca Bingea, Santa Venetia

"Ninety-four, thanks to nature, nurture, luck." — Nona Dennis, Mill Valley

Thanks for reading. We'll be back tomorrow.

Soumya Karlamangla, Briana Scalia and Isabella Grullón Paz contributed to California Today. You can reach the team at CAtoday@nytimes.com.

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