OpenAI's Hurd mentality

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Nov 20, 2023 View in browser
 
Playbook PM

By Garrett Ross

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BULLETIN — A federal appeals court this morning issued a ruling that “could gut the Voting Rights Act, saying only the federal government — not private citizens or civil rights groups — is allowed to sue under a crucial section of the landmark civil rights law,” our colleague Zach Montellaro reports.

Coming soon to SCOTUS: The decision out of the 8th Circuit is likely heading for an appeal to the Supreme Court.

CLIVE, IOWA - APRIL 22: Former Texas Congressman Will Hurd speaks to guests at the Iowa Faith & Freedom Coalition Spring Kick-Off on April 22, 2023 in Clive, Iowa. Iowa is scheduled to hold the first Republican presidential nominating contest of 2024, on Feb. 5.

Will Hurd is among the suggested replacements to head OpenAI after its previous CEO was ousted this weekend. | Scott Olson/Getty Images

THERE’S ALWAYS A PLAYBOOK ANGLE — The tech and business worlds were riveted over the weekend by the palace coup executed atop Silicon Valley’s hottest startup, OpenAI. Board members moved to oust CEO SAM ALTMAN — a fixture in Washington’s debates over artificial intelligence technology — in a surprise Friday afternoon announcement that sparked an immediate backlash and launched a wild weekend of intrigue as Altman, board members and OpenAI’s biggest investor, Microsoft, maneuvered behind the scenes.

Early this morning, Microsoft CEO SATYA NADELLA announced Altman would be joining his company alongside other senior OpenAI executives, and more than 600 of the startup’s employees followed with an open letter to board members threatening to leave with Altman unless they resign and appoint new independent board members. More from Wired

And here’s the Playbook angle: Among the two suggested appointees is WILL HURD, the former Republican congressman who left OpenAI’s board in July in order to launch his short-lived and ill-fated presidential run. The prospect of Hurd returning to the board would appear to set up one of the softest-ever landings for a failed national candidate.

Hurd did not immediately respond to a message seeking comment on whether he is interested in a comeback.

GALLEGO RESPONDS — This morning’s Playbook broke news of a new NRSC ad campaign targeting the 2024 Arizona Senate race that includes sharp new personal attacks on Rep. RUBEN GALLEGO, the likely Democratic nominee for the seat now held by independent Sen. KYRSTEN SINEMA. The ad, among other things, highlights Gallego’s 2016 divorce just ahead of his first child’s birth and accuses him of being a “deadbeat dad” without evidence.

The Gallego campaign declined to respond to Playbook last night, but a fundraising email sent this morning by his campaign blasts the “baseless, deeply personal attack ad” released on “Ruben’s birthday of all days, just three days before Thanksgiving.”

“It’s sad that they would stoop this low,” the message reads, before asking donors to “rush $3 to Ruben’s campaign right away” and help him beat likely GOP nominee KARI LAKE.

PARDON ME — President JOE BIDEN continued the annual presidential tradition of pardoning two turkeys for Thanksgiving this morning at the White House, granting immunity to the holiday festivities to LIBERTY and BELL, who journeyed to D.C. from their home in Minnesota. AP’s Darlene Superville has more on the gobblers

JUST IN TIME FOR THE HOLIDAYS — “More free COVID-19 tests from the government are available for home delivery through the mail,” by AP’s Amanda Seitz

Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line at gross@politico.com.

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IT’S OFFICIAL — “UAW formally claims contract wins at Big Three,” by Nick Niedzwiadek: ”Across General Motors, Ford and Stellantis, 64 percent of UAW members voted in favor of the tentative agreements brokered by union leadership last month that included sizable pay raises, cost-of-living adjustments and improved terms for temporary workers, as well as the right to strike over future plant closures.”

THE RETIREMENT HOUSE — Rep. TONY CÁRDENAS (D-Calif.) will retire next year, skipping out on a reelection run and “setting up what could become a contested race for his heavily Democratic San Fernando Valley-based seat,” L.A. Times’ Erin Logan writes.

Cárdenas’ district is reliably blue, so it’s unlikely to open up an opportunity for Republicans to shift the balance of the House. FWIW: The 60-year-old Cárdenas’ “is backing LUZ RIVAS, a state Assemblymember who told The Times she would run to replace him.”

What Cárdenas told LAT: “It will be the first time in 28 years that I’m not on the ballot,” he said in an interview. “The truth of the matter is I thought I could do this just for a few years ... I’m just at the age where I have enough energy and experience to maybe do something [different] and have another chapter of a career where I don’t have to go to Washington, D.C., 32 weeks out of the year.”

TRUMP CARDS

THE TRUMP EFFECT — There has been a steady stream of anti-Trump rhetoric flowing from the former president’s former aides and associates since he left office. They are stating, often in plain terms, their opposition to their former boss ascending once again to the White House. And yet, the varied public warnings seem to be falling on deaf ears among the GOP electorate as Trump surges toward next year’s nomination. WaPo’s Josh Dawsey covers the conundrum:

“Interviews with 16 former Trump advisers — some of whom spoke on the condition of anonymity to discuss their former boss — show they are grappling with how they can puncture Trump’s candidacy in 2024, whether they can or should coordinate with one another and whether their voices will even matter.

“Additionally, more than a dozen people once in his employ could end up taking the stand and providing testimony as part of multiple criminal trials, according to people with knowledge of the cases and court documents. At the same time, even some who have publicly declared Trump unfit for office have said they would still support him over Biden in 2024.”

TRIAL BALLOON — A pair of appeals court judges this morning indicated that they’re “considering narrowing the already-limited gag order to allow Trump to levy some public attacks against special counsel JACK SMITH and his team,” CNN’s Marshall Cohen reports.

“Surely he has a thick enough skin,” judge CORNELIA PILLARD said, referring to Smith. Trump “can’t be forced under a gag order to ‘speak Miss Manners while everyone else is throwing targets’ at him during a theoretical GOP presidential primary debate, [judge PATRICIA MILLETT said.”

 

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ALL POLITICS

ON THE ISSUES, PART I — A new WSJ-NORC poll finds that support for abortion rights is “at one of the highest levels on record since nonpartisan researchers began tracking it in the 1970s,” WSJ’s Julie Wernau writes. The topline: “Some 55% of respondents say it should be possible for a pregnant woman to obtain a legal abortion if she wants it for any reason.” The party-line breakdown: Democrats (77%), independents (53%) and Republicans (33%).

ON THE ISSUES, PART II — NYT’s Nate Cohn is up with a deep dive into the “crisis” facing issue polling, coming away with this tough takeaway from recent elections: “issue polling failures look more like the norm than the exception. There just aren’t many elections when you can read a pre-election poll story, line it up with the post-election story, and say that the pre-election poll captured the most important dynamics of the election.”

He continues: “With such a poor track record, there’s a case that ‘issue’ polling faces a far graver crisis than ‘horse race’ polling. I can imagine many public pollsters recoiling at that assertion, but they can’t prove it wrong, either. The crisis facing issue polling is almost entirely non-falsifiable — just like the issue polling itself. Indeed, the fact that the problems with issue polling are so hard to quantify is probably why problems have been allowed to fester.”

TALES FROM THE CRYPTO — Fresh players in the crypto industry are stepping into the donor race ahead of next year’s elections after the downfall of onetime crypto giant and megadonor SAM BANKMAN-FRIED. The super PAC, Fairshake, “has pumped over $1.2 million into television ads supporting House candidates over the last two months,” our colleague Jasper Goodman reports. Thus far, it has given support to 13 incumbent lawmakers on both sides of the aisle. The beneficiaries span the ideological spectrum, but all of them serve on the House Financial Services and Agriculture committees, which advanced industry-blessed crypto legislation earlier this year.

Among the recipients: House Financial Services Chair PATRICK McHENRY (R-N.C.) and Reps. DUSTY JOHNSON (R-S.D.) and JOSH GOTTHEIMER (D-N.J.). The backing is notable given that McHenry and Johnson are leading efforts on the House crypto bills, which Gottheimer has supported.

CALIFORNIA DREAMIN’ — “Arnold and Jerry: What two ex-California governors can teach Washington,” by NBC’s Peter Nicholas in Sacramento: “What each has to say about the dysfunction in American politics and how they tried to govern may hold lessons at a time when Congress seems perpetually on the brink of shutting down the government and the Republican candidates for president are one-upping one another in their bloodlust.”

LIKE SOME KIND OF CONGRESSMAN — A new NBC poll has identified the Anti-Hero of the moment: TAYLOR SWIFT. In the poll, 40% of registered voters said they have a positive view of Swift, with just 16% saying they have a negative view. She enjoys a 94% mark for name ID.

Long story short: “Among all of the figures and groups tested in the poll — including President Joe Biden, Vice President KAMALA HARRIS, new House Speaker MIKE JOHNSON, former President Donald Trump, Florida Gov. RON DeSANTIS and former U.N. Ambassador NIKKI HALEY — Swift had the highest net favorability rating,” NBC’s Alexandra Marquez writes.

Don’t forget about the Beyhive: “The poll also tested voters’ views of pop singer BEYONCÉ KNOWLES-CARTER. Beyoncé, the ‘Single Ladies’ vocalist, had a high name ID similar to Swift’s — 92% of voters know who she is. And 33% of voters reported positive views of her, while 40% said they view her neutrally and 20% said they have negative views of her.” Read the poll

CONGRESS

A LOT OF LEE-WAY — Over the weekend, Sen. MIKE LEE (R-Utah) made a post on X saying that he “can’t wait” to ask FBI Director CHRISTOPHER WRAY about a video that purported to show a federal agent disguised with a MAGA hat inside the Capitol during the Jan. 6 riot. Alas: “In reality, the image Lee shared shows Jan. 6 defendant KEVIN LYONS, a self-proclaimed ‘idiot’ and Trump supporter who stole a framed photo of the late civil rights icon Rep. JOHN LEWIS and a staffer’s wallet from then-Speaker NANCY PELOSI’s office,” NBC’s Ryan Reilly writes.

“When NBC News reached out for comment, Lee spokesman BILLY GRIBBIN in a statement dodged questions about the false claim. ‘Senator Lee would like Director Wray to answer important questions regarding the uncuffed rioter fist bumping Capitol police inside the building, the unidentified pipe bomber, and other individuals about whom the FBI and fraudulent January 6th Committee have shown a surprising lack of interest,’ he said.”

HuffPost’s Arthur Delaney and Igor Bobic note: “Lee’s statements on social media were remarkable, given his efforts to depict himself as an intellectual defender of the U.S. Constitution and his apparent unwillingness to make any effort to check his facts.”

TO THE LETTER — Reps. LISA McCLAIN (R-Mich.) and ANDY BIGGS (R-Ariz.) sent a letter to FDIC Chair MARTIN GRUENBERG as they investigate reported incidents of a toxic workplace at the agency, writing that it “may have turned a blind eye to sexual harassment and discrimination within its staff,” WSJ’s Rebecca Ballhaus reports. “McClain and Biggs requested records including complaints, investigations and reports, as well as all communications involving human-resources officials and the office of the chairman related to allegations of sexual misconduct, harassment or discrimination.”

INTERESTING INTERVIEW — “‘Give him the benefit of the doubt’: Why one gay GOP leader is holding his fire on Mike Johnson — and wants to know if he has any gay friends,” by Insider’s Bryan Metzger

COMING ATTRACTION — “X, Snap and Discord CEOs subpoenaed by lawmakers to testify about child sexual exploitation,” CNBC: “Sens. DICK DURBIN, D-Ill., and LINDSEY GRAHAM, R-SC, said they issued the subpoenas to the executives after “repeated refusals to appear during several weeks of negotiations.” … They said they expect Meta CEO MARK ZUCKERBERG and TikTok’s SHOU ZI CHEW to testify voluntarily during the Dec. 6 hearing.”

 

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JUDICIARY SQUARE

SCOTUS WATCH — The Supreme Court this morning “rejected former Minneapolis police Officer DEREK CHAUVIN’s appeal of his conviction for second-degree murder in the killing of GEORGE FLOYD,” per the AP. “The justices did not comment in leaving in place state court rulings affirming Chauvin’s conviction and 22 1/2-year sentence.”

IN THE DARK — “Democratic dark money kingmaker pumps millions into ‘nonpartisan’ Supreme Court watchdogs,” by the Washington Examiner’s Gabe Kaminsky: “The cash transfers, which became public on Wednesday upon the release of new financial disclosures, underscore how groups leading a campaign targeting Supreme Court Justices CLARENCE THOMAS and SAMUEL ALITO over trips and gifts they accepted, but did not report, rely on influential left-wing grantmakers to help keep their lights on. Several of these self-described watchdogs took heaps of cash from nonprofit organizations managed by Arabella Advisors, a consulting firm overseeing an anonymously funded network that spent over $1 billion last year propping up liberal causes.”

AMERICA AND THE WORLD

AUSTIN ABROAD — Defense Secretary LLOYD AUSTIN visited Kyiv this morning, where he was scheduled to meet with Ukrainian President VOLODYMYR ZELENSKYY and other officials, “vowing support for government at a time when progress in the war against Russia as well as U.S. military aid have both stalled,” NYT’s Matthew Mpoke Bigg writes.

FOR YOUR RADAR — ALSU KURMASHEVA, a Russian-U.S. citizen who works for Radio Free Europe/Radio Liberty, was arrested in Russia earlier this year after traveling despite warnings against Americans entering the country. Now, there is a growing effort for the State Department to label her situation wrongfully detained, “a designation that would effectively commit the U.S. government to work to secure her release,” WSJ’s Ann Simmons and Louise Radnofsky report, noting that State Department officials are said to be reviewing the case.

PLAYBOOKERS

IN MEMORIAM — “John Walsh, who engineered Deval Patrick’s historic win, dies at 65,” by The Boston Globe’s Bryan Marquard: “As campaign manager, Mr. Walsh recruited a sprawling network of volunteers to spread Patrick’s message of inviting back into civic life those who felt left out or left behind. By propelling Patrick to victory in 2006, Mr. Walsh gave Massachusetts its first Black governor, its first Democratic leader in 16 years, and he created a campaign template Barack Obama would build upon during his road to the White House two years later.”

TRANSITIONS — Former White House chief of staff Ron Klain is joining Airbnb as chief legal officer, Axios’ Mike Allen reports. … Anna Przebinda is now a manager at BPC Action. She most recently was a legislative correspondent for Sen. Tim Kaine (D-Va.). … Jerry Goldfeder is joining Cozen O’Connor as senior counsel and chair of its political law and compliance practice. He most recently was special counsel at Stroock. …

… Jeff Keitelman, Michael Kosmas, Kim Pagotto and Steven Schneider are joining Hogan Lovells as partners in the D.C. office. Keitelman previously was co-managing partner of Stroock and former co-chair of Stroock’s Real Estate Group. Kosmas previously was lead of Stroock’s hospitality and leisure practice. Pagotto and Schneider previously were partners at Stroock.

WELCOME TO THE WORLD — Michelle Fallor, IT senior engineer for the Department of Justice, and Evan Fallor, comms director for NAPEO, on Nov. 7 welcomed Ethan Micah Fallor, who came in at 7 lbs, 1 oz.

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California Today: What an El Niño winter could mean for the state

This year's El Niño weather pattern in the Pacific is expected to be exceptionally strong.
Author Headshot

By Soumya Karlamangla

California Today, Writer

It's Monday. What an El Niño winter could mean for California. Plus, Interstate 10 in Los Angeles fully reopens today.

More than 150 inches of snow was reported in areas in California from snowstorms last winter.Philip Cheung for The New York Times

Odds are that this winter's going to be a wet one.

The intermittent climate phenomenon known as El Niño, which typically means more rain and snow for California, developed over the summer and is expected to intensify in the next few months. And this year's El Niño is predicted to be an exceptionally strong one — maybe even ranking in the top five on record, according to Daniel Swain, a climate scientist at U.C.L.A.

"This is likely to become an event that is historically significant," Swain told reporters earlier this month. "All of California has elevated odds of a wetter-than-average winter."

Of course, there are no guarantees. Experts emphasize that not every El Niño period is extra wet in the Golden State, and that the effects of the weather pattern often vary across the state (typically, El Niño's effects are greater in dry Southern California than in the north).

"We've had wet years in California that are not El Niño, like last year," Alex Hall, the director of the Center for Climate Science at U.C.L.A, told me. "And we've had dry years when El Niños are occurring."

Even so, the deck is stacked in a soggy direction. Between 50 and 70 percent of El Niños since 1950 have led to above-average winter precipitation in California, according to the National Weather Service — meaning that we could be in for a second consecutive rainy winter.

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Because of a torrent of atmospheric-river storms that slammed California last winter, the state received 141 percent of its average annual rainfall in the 12 months ended Sept. 30, according to state data. The period ranked as California's 10th wettest water year since record-keeping began 128 years ago.

Hall told me that California could benefit from another wet winter, which would help return moisture to soil that was parched by years of extreme drought. A year ago, all of the state was experiencing drought conditions; now the figure is less than 5 percent.

"At a minimum, we need an average year," he said. "It would be nice to get an average year, to keep us feeling very resilient."

The state won't be able to capture as much of the rainfall and snowmelt as it did last year, because reservoirs are already much fuller than they were a year ago. This month, Gov. Gavin Newsom fast-tracked a plan to build a new state reservoir — the first in nearly half a century — but it won't be ready for some time.

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State officials say they're preparing flood control infrastructure and watching for risks. Experts say that if the winter is rainy, the danger of flooding will be even greater than it was last year, when levee breaches wreaked serious damage on communities in California.

"There is a lot of flood risk throughout the state," Gary Lippner, deputy director for flood management and dam safety at the California Department of Water Resources, told reporters last month. He noted that California's coast in particular did not have extensive flood control systems. "That keeps me awake a little bit at night, going into an El Niño year," he said.

Red-crowned parrots gather in Temple City, where they've become emblematic of the city.Carolyn Cole/Los Angeles Times, via Getty Images

If you read one story, make it this

Red-crowned parrots are beloved in L.A. County. Who's trapping them?

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Changes will include more access to Kaiser Permanente plans for low-income people.Ryan Sun/Associated Press

The rest of the news

  • Changes are coming in the new year to Medi-Cal, California's Medicaid health care program for low-income people, The San Francisco Chronicle reports.
  • California Democrats say that party members who broke rules during the pro-Palestinian demonstration at the party convention on Saturday will face repercussions, Politico reports.
  • California's attorney general, Rob Bonta, and the Federal Trade Commission have filed suit challenging John Muir Health's acquisition of the San Ramon Regional Medical Center on antitrust grounds, Bay City News reports.

Southern California

  • The section of Interstate 10 in Los Angeles that was damaged by fire nine days ago is set to fully reopen today.
  • A male nanny was sentenced to over 700 years in prison for sexually assaulting 16 boys in Southern California between 2014 and 2019, NBC News reports.

Central California

  • After a yearlong campaign failed to quell a local surge in illegal pot shops, Kern County's district attorney said she was going after landlords who rent to them, The Bakersfield Californian reports.
  • Two Kings County Sheriff's deputies were wounded in an accidental shooting by a third officer during training Friday night, The Fresno Bee reports.

Northern California

  • A magnitude 3.2 earthquake shook Humboldt County early Sunday morning, NBC Bay Area reports.
  • The state-funded Solar on Multifamily Affordable Housing program expands access to solar power for low-income Oakland residents, The Guardian reports.
The Timken Museum of Art, Botanical Building and Lily Pond in Balboa Park in San Diego.Mickey Strider/Loop Images/Universal Images Group via Getty Images

Where we're traveling

Today's tip comes from Laura Cantrell, who lives in San Diego:

"Besides the park itself, Balboa Park is a wonderful place to view art. The San Diego Museum of Art has an impressive collection, ranging from old masters to contemporary artists, as well as an interesting variety of temporary exhibits. Just next door is the Timken Museum of Art, which is small, with no admission fee, and has a collection of traditional work. Across the Prado is the newly remodeled Mingei, with a rotating collection of (usually) contemporary works.

A little further north, the Oceanside Museum of Art always has interesting displays, usually by local artists. It is quite an impressive museum for a small city. It is also in a good location, within walking distance of many restaurants as well as the Pacific Ocean. Happy viewing!"

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

I'm thinking about how Californians celebrate Thanksgiving. By the beach? With sourdough stuffing?

Email your Golden State Thanksgiving traditions to CAtoday@nytimes.com. Please include your full name and the city in which you live.

A female pallid bat, which lives across California's habitat.Michael Macor/The San Francisco Chronicle via Getty Images

And before you go, some good news

The California grizzly bear, one of the state's most recognizable symbols, is getting a new, slightly lesser-known companion: the pallid bat.

Under a new State Senate bill that Gov. Gavin Newsom signed in October, the pallid bat will become the state's official bat, joining the California State Library's list of state symbols in 2024.

Light golden in color and typically around three to five inches in length once full grown, pallid bats are most commonly found in the western parts of North America and have been known to live in habitats from the desert and the Sierra Nevada to the coastline. The state legislators who wrote the bill chose them because, as a natural pest predator, the bats protect the state's agriculture.

West Coast dwellers through and through, the pig-snouted bats are also known for their immunity to scorpion venom and for their social nature. "Other than being messy, they're a great bat to have around," Corky Quirk of NorCal Bats, a bat rescue organization, told The Sacramento Bee.

Thanks for reading. I'll be back tomorrow. — Soumya

Maia Coleman and Briana Scalia contributed to California Today. You can reach the team at CAtoday@nytimes.com.

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