Trump’s dizzying day at court

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Apr 25, 2024 View in browser
 
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DRIVING THE DAY

THE GRAY LADY DOTH PROTEST TOO MUCH? — “Inside the NYT-White House Feud,” by Eli Stokols for POLITICO Magazine: “According to interviews with two dozen people on both sides who were granted anonymity to discuss a sensitive subject, the relationship between [President JOE BIDEN] and the country’s newspaper of record — for years the epitome of a liberal press in the eyes of conservatives — remains remarkably tense, beset by misunderstandings, grudges and a general lack of trust.”

THE SPIRIT OF ’68? — NYT’s David Brooks on the campus protests: “In 1968 the clashes between the New Left activists and Mayor RICHARD DALEY’s cops were an early marker of the differences between the more-educated and less-educated classes. They were part of the trend that sent working-class voters to the G.O.P. If there are similar clashes in Chicago this August, the chaos will reinforce [DONALD] TRUMP’s core law-and-order message.” More on the demonstrations below

NEW YORK, NEW YORK - APRIL 23: Former U.S. President Donald Trump speaks to the media outside the courtroom during his trial for allegedly covering up hush money payments at Manhattan Criminal Court on April 23, 2024 in New York City. Former U.S. President Donald Trump faces 34 felony counts of falsifying business records in the first of his criminal cases to go to trial.  (Photo   by Curtis Means-Pool/Getty Images)

Judging by Donald Trump’s (denied) request to attend today’s oral arguments, the Supreme Court immunity hearing is almost certainly the legal development he’s most concerned about. | Curtis Means-Pool/Getty Images

THE COURTROOM(S) CAMPAIGN — Over the course of roughly 24 hours since yesterday morning, Trump …

… was revealed as an “unindicted co-conspirator” in the “fake electors” scheme in Michigan during a court proceeding;

… was identified as “unindicted co-conspirator 1” in a slate of new grand jury indictments over Arizona’s “fake electors” scheme that saw his former attorney RUDY GIULIANI and former White House chief of staff MARK MEADOWS both charged;

… will be the subject of a Supreme Court case today as the justices hear oral arguments over his claims of immunity from criminal prosecution stemming from his attempts to overturn the 2020 election;

… will return to a Manhattan courtroom for another day of testimony from former National Enquirer chief DAVID PECKER in his criminal trial for alleged election interference and business fraud; and

… could see the judge in that case, JUAN MERCHAN, rule on whether he violated a gag order.

SCOTUS: The Supreme Court case is almost certainly the most meaningful one of these stories today — and judging by Trump’s (denied) request to attend today’s oral arguments, is almost certainly the one he’s most concerned about. More from Kyle Cheney and Josh Gerstein

At stake today is nothing less than a “basic truth about the American system of government: No one is above the law, not even the president,” AP’s Mark Sherman writes.

On its face, it would be surprising if the justices sided with Trump — after all, in 2020, the court unanimously rejected his claims of “absolute” immunity as he tried to avoid a subpoena for his financial records in then-Manhattan DA CYRUS VANCE’s criminal investigation into Trump’s business practices.

But that precedent has only heightened the speculation about why SCOTUS opted to consider whether Trump can similarly claim immunity from prosecution by special counsel JACK SMITH.

“The Court has never really explained how to distinguish official from private presidential acts,” former Bush DOJ official JACK GOLDSMITH recently wrote in a very wonky analysis for Lawfare. “[T]he Court cannot say ‘Yeah, that’s really bad, no immunity’ and let the case go forward on that simple basis. It has to consider how allowing a former president to be prosecuted and possibly convicted for Trump’s bad acts might impact a whole range of less bad acts by the current and future presidents.”

How might the court tip its hand? Ankush Khardori has a smart read on that for POLITICO Mag.

“I would be concerned if I heard from [Chief Justice JOHN] ROBERTS, [BRETT] KAVANAUGH or [AMY CONEY] BARRETT hypothetical questions that seem designed to elicit the answer, ‘Oh, well, in that case, the former president would be immune,’” Cornell Law’s MICHAEL DORF tells Ankush. Questions like: “What if the president as commander-in-chief orders SEAL Team Six to take out a terrorist, and then is charged with some kind of war crime? Does he have to stand trial if it’s plausibly within the realm of his commander-in-chief functions?”

IN ARIZONA: Democratic AG KRIS MAYES announced that a grand jury has charged a total of 18 individuals — including seven aides to Trump — in “a scheme to keep Trump in the White House by falsely certifying he won the state in 2020,” writes the Arizona Republic’s Stacey Barchenger.

Who are the 18? While their names and the specific charges are redacted in many instances, it’s clear who is being referred to. Among the indictees are Giuliani, Meadows, Trump advisers BORIS EPSHTEYN and MICHAEL ROMAN, lawyers JOHN EASTMAN, JENNA ELLIS and CHRISTINA BOBB, sitting RNC committeeman and Turning Point USA exec TYLER BOWYER, former Arizona GOP Chair KELLI WARD and two sitting state senators.

Epshteyn’s inclusion presents “a complication for Mr. Trump’s defense in the criminal trial that began this week in Manhattan,” write NYT’s Danny Hakim and Maggie Haberman. Though Epshteyn hasn’t yet attended that case, he “has been something of a quarterback for the various legal teams working on the former president’s defenses in four criminal cases.”

IN MANHATTAN: Merchan is expected to rule today whether Trump should be held in contempt for allegedly violating a gag order by repeatedly posting about witnesses on Truth Social.

“Some of Trump’s recent online posts in question included one describing prosecution witnesses MICHAEL COHEN, his former attorney, and STORMY DANIELS, the porn actress, as ‘sleaze bags’ and another repeating a false claim that liberal activists had tried to infiltrate the jury,” reports the AP.

Trump called the order “totally UNCONSTITUTIONAL” on — naturally — Truth Social yesterday. Legal experts disagree, of course — gag orders are not uncommon — and the penalty Trump faces is likely little more than a slap on the wrist (a $10,000 fine, as has been mentioned, is effectively pocket change to a man of Trump’s wealth).

Meanwhile, Cohen — who is not under a gag order — announced on X yesterday that “out of respect for Judge Merchan and the prosecutors, I will cease posting anything about Donald on my X (formerly Twitter) account or on the Mea Culpa Podcast until after my trial testimony. See you all in a month (or more).”

Good Thursday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.

 

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COUNTDOWN TO NERD PROM — We are just two days away from the White House Correspondents’ Dinner, and the parties have already started. (Reminder, our running list is here. There’s still time to beg for invites!)

This year, the dinner is helmed by veteran NBC correspondent and White House Correspondents’ Association President KELLY O’DONNELL. We caught up with her with just days to go before the big night.

What she wants out of WHCD:My goal is for our White House press corps to see themselves and the work they do reflected in this year's dinner. Our association is made up of correspondents and reporters but also visual journalists, producers, photojournalists and technicians and excellence is found in all those roles. We want to highlight that. Recognizing the moment also means an awareness of the risks and dangers facing journalists — from hostile governments and war, while others are hit with layoffs and a tough job market.”

Recognizing the tough times: “Our dinner is a tradition that even in difficult times, good work should be celebrated. In an election year, the connection between a free press and a thriving democracy has never been more important. If a good show helps us to remind the public about that, I am ready to get started.”

Who’s bringing who … Getting the hottest guests is a race between the different news organizations (trust us), and some of our colleagues start at the beginning of the year. As we hear, we’ll let y’all in on the secret. So far, no KIM KARDASHIAN, but the week is still young.

  • NBC, the weekend’s star network (given O’Donnell’s presidency and the fact that the peacock took over the coveted afterparty at the French ambassador’s residence on Saturday) will bring White House chief of staff JEFF ZIENTS, DHS Secretary ALEJANDRO MAYORKAS, Treasury Secretary JANET YELLEN, CIA Director BILL BURNS, White House comms director BEN LaBOLT and Deputy AG LISA MONACO.
  • ABC: First granddaughter NAOMI BIDEN, Senate Majority Leader CHUCK SCHUMER, Maryland Gov. WES MOORE, New Hampshire Gov. CHRIS SUNUNU, Sen. AMY KLOBUCHAR (D-Minn.), Rep. PRAMILA JAYAPAL (D-Wash.), White House national security comms adviser JOHN KIRBY, Biden campaign chair JEN O’MALLEY DILLON, DA’VINE JOY RANDOLPH, HIRO SANADA, ANDREW McCARTHY, MOLLY RINGWALD, ROSARIO DAWSON and QUAVO.
  • CNN: Secretary of State ANTONY BLINKEN, White House Cabinet Secretary EVAN RYAN, senior Biden campaign aide MIKE DONILON, Illinois Gov. J.B. PRITZKER, Trump strategist CHRIS LaCIVITA, Rep. DARRELL ISSA (R-Calif.), Deputy Director of the White House Office of Intergovernmental Affairs DAN KOH and RACHEL BROSNAHAN.
  • CBS: Commerce Secretary GINA RAIMONDO, White House counselor STEVE RICCHETTI, Biden campaign manager JULIE CHAVEZ RODRIGUEZ, Rep. MIKE TURNER (R-Ohio), former Rep. KEN BUCK (R-Colo.), JON HAMM, SONEQUA MARTIN-GREEN and WILSON CRUZ.
  • Bloomberg: National security adviser JAKE SULLIVAN, Energy Secretary JENNIFER GRANHOLM, OMB Director SHALANDA YOUNG, Education Secretary MIGUEL CARDONA, second gentleman comms director LIZA ACEVEDO and assistant press secretary MICHAEL KIKUKAWA.

WHERE HARRIS IS GOING — Starting Monday, VP KAMALA HARRIS is embarking on a multistate tour focusing on economic opportunities for Black Americans — especially Black men, a constituency that Democrats have grown increasingly worried about as Trump has made consistent polling gains.

The first stop is Atlanta, a bastion of Black economic power. The week after, Harris heads to Detroit. (We’re sure it’s a pure coincidence that both cities happen to be in critical swing states.) “President Biden and I are committed to creating an economy in which every person has the freedom to thrive,” Harris said in a release announcing the tour.

A senior official close to Harris told Playbook last night that the tour was borne out of months of private dinners and meetings Harris has had with Black men — mostly at her residence — where many advised that an economic message would be the most effective way to reach that constituency.

We’re told that it was Harris’ choice to have the tour come from the official side rather than the campaign. (Harris has told staff in the past that outreach needs to be about policy, not just politics.) “If you were to ask her about Black Americans, she’d say ‘They’re not a monolith, and they don’t just fall in line,’” the senior official said. “‘You need to earn their trust on these issues.’”

 

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WHAT'S HAPPENING TODAY

On the Hill

The Senate and the House are out.

What we’re watching … The late Rep. DONALD PAYNE JR. (D-N.J.) will be remembered for his kind heart, progressive politics and natty wardrobe. And his constituents in Newark and surrounding communities may have some time to appreciate that legacy before they get new representation. Payne’s name will remain on the June 4 primary ballot, and Gov. PHIL MURPHY did not say yesterday whether he planned to call a special election to choose his successor. Many Garden State insiders think it’s unlikely he would schedule a costly vote just weeks before the November general election.

At the White House

Biden will receive the President’s Daily Brief in the morning. Later in the morning, the president will travel to Hancock Field Air National Guard Base in New York, where he will deliver remarks on the CHIPS and Science Act and his economic agenda. In the evening, Biden will participate in a campaign event in Westchester County. Press secretary KARINE JEAN-PIERRE will gaggle aboard Air Force One en route to New York.

Harris will host a roundtable conversation as part of Second Chance Month in the afternoon. Later in the afternoon, the VP will deliver remarks at the White House Take Your Child to Work Day event.

 

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PLAYBOOK READS

ALL POLITICS

Speaker of the House Mike Johnson, R-La., speaks to the media on the Lower Library steps on Columbia University's campus in New York, on Wednesday, April 24, 2024.

Speaker Mike Johnson said he would call on President Joe Biden to send troops to Columbia. | Stefan Jeremiah/AP Photo

THE SPEAKER SPEAKS OUT — Speaker MIKE JOHNSON made an appearance near Columbia University yesterday, where he spoke out to condemn the demonstrations that have been roiling many of the country’s top institutions over the past week.

What the speaker said: In his remarks, Johnson said he would call on Biden and “demand the president send the National Guard to Columbia University — an escalation after protesters constantly shouted him and other Republicans down during a visit to the campus Wednesday,” our colleagues Madina Touré and Irie Sentner report from New York. “This is dangerous. This is not the First Amendment, this is not free expression,” Johnson said.

More voices: Pennsylvania Gov. JOSH SHAPIRO weighed in on the campus clashes during a visit to POLITICO HQ yesterday. “What we’re seeing at Columbia and what we’re seeing in some campuses across America, where universities can’t guarantee the safety and security of their students, it’s absolutely unacceptable,” Shapiro said. More from Kierra Frazier

Meanwhile, Israeli PM BENJAMIN NETANYAHU delivered his first public remarks on the demonstrations yesterday: “What’s happening in America’s college campuses is horrific,” he said, per NYT’s Matthew Mpoke Bigg. “Antisemitic mobs have taken over leading universities. They call for the annihilation of Israel. They attack Jewish students. They attack Jewish faculty.”

Related reads: “During a Chaotic Day, Columbia’s President Fights for Her Job,” by NYT’s Stephanie Saul, Alan Blinder and Liset Cruz … “Dozens arrested on California campus after students in Texas detained as Gaza war protests persist,” by AP’s Nick Perry, Jim Vertuno and Acacia Coronado … “Videos show growing pro-Palestinian campus protests as lawmakers speak out,” by Krystal Campos and Kierra Frazier

2024 WATCH

GREEN BAY, WISCONSIN - APRIL 02: Former President Donald Trump arrives for a rally on April 02, 2024 in Green Bay, Wisconsin.  At the rally, Trump spoke next to an empty lectern on the stage and challenged President Joe Biden to debate him. The Wisconsin primary is being held today.

New polling shows perils ahead for Donald Trump on abortion, even as he takes a politically advantageous position. | Scott Olson/Getty Images

HOW IT’S PLAYING — Despite taking flak for his leave-abortion-to-the-states stance, Trump’s tack may be the most politically advantageous position the former president has available to him, according to a new POLITICO-Morning Consult poll.

The details: “Half of voters in a new POLITICO-Morning Consult poll support states making their own laws about abortion access, compared with just 35 percent who oppose that,” Megan Messerly reports this morning. “Three-fifths of self-identified Republicans say they support states making their own rules on abortion, a number that jumped to three-fourths when they were told that’s the position Trump supports.”

“But the poll also shows the former president remains vulnerable on abortion with independents and even with some Republican voters who are unhappy that the Supreme Court overturned federal abortion rights — a signal that Trump could struggle to reverse the GOP’s losses over the issue, even if his new position is more popular.”

Over in Arizona: State lawmakers voted to repeal the 19th-century abortion ban that the state Supreme Court revived earlier this month, Megan reports. “The move, which tees up passage in the state Senate next week, is likely to come as a relief for abortion-rights proponents — and Trump,” who has heard countless warnings about the ban’s unpopularity in the swing state.

More top reads:

  • FIRST IN PLAYBOOK: Later this morning, the Biden campaign will release a video marking the first anniversary of the reelect’s launch: “A year ago today, when we launched this campaign, I said we were in the fight for the soul of this nation. I told you nothing less than democracy and freedom were on the ballot,” the president says direct-to-camera. “With every passing day, that has proven true.” Watch the full video here
  • The Trump campaign is planning a major fundraiser next month featuring a cadre of special guests being floated as potential VP picks, Alex Isenstadt and Natalie Allison report. Among the names: Sens. MARCO RUBIO (R-Fla.), TIM SCOTT (R-S.C.) and J.D. VANCE (R-Ohio), Reps. ELISE STEFANIK (R-N.Y.) and BYRON DONALDS (R-Fla.), North Dakota Gov. DOUG BURGUM and South Dakota Gov. KRISTI NOEM.
 

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THE WHITE HOUSE

WASHINGTON, DC - MARCH 15: U.S. President Joe Biden and Speaker of the House Mike Johnson (R-LA) walk up the East steps of the House of Representatives at the U.S. Capitol on March 15, 2023 in Washington, DC. Biden joined Varadkar and members of Congress for the traditional St. Patrick's Day Friends of Ireland luncheon. The Friends of Ireland caucus was founded in 1981 by   the late Irish-American politicians Sen. Ted Kennedy (D-MA), Sen. Daniel Moynihan (D-NY) and former Speaker of the House Tip O’Neill (D-MA) to help broker peace and reconciliation in Northern Ireland.

The White House is staying away from the fight over Speaker Mike Johnson's job. | Chip Somodevilla/Getty Images

THE VIEW FROM 1600 PENN — While House Democrats haggle over a potential move to swoop in and save Johnson’s speakership from a GOP-led mutiny, Biden is keeping his hands clean. “The White House will instead leave it up to House Democratic leaders to determine whether to rescue Johnson or let Republicans once again devour their own and pitch the chamber back into chaos,” Adam Cancryn and Jennifer Haberkorn write.

“Within the West Wing, the prevailing belief is that Biden has already gotten everything he could have asked for from Johnson’s brief time as speaker — and that, even if he felt compelled to pay him back, any involvement in a high-stakes speakership fight would hurt, not help. So he’s staying away.”

HOW IT HAPPENED — “Aid to Ukraine seemed dead. Then secretive talks revived it,” by WaPo’s Liz Goodwin, Yasmeen Abutaleb and Tyler Pager

UKRAINE REALITY CHECK — Despite a fresh round of aid headed to Ukraine, some Biden administration officials are unconvinced that it’ll make a difference on the ground, Alexander Ward reports. “U.S. officials also ask questions about Ukraine’s own tactics and priorities, especially after Kyiv’s counteroffensive failed, sapping forces of materiel and morale.”

POLICY CORNER

Participants hold signs in support of TikTok at the U.S. Capitol.

TikTok is reckoning with its rapid defeat on Capitol Hill. | Anna Moneymaker/Getty Images

THE TIKTOK TICK-TOCKS — Now that the legislation aiming to force a sale of TikTok is law, the look-backs at how the company found itself in this spot are rolling out, with scathing details about TikTok’s efforts in D.C.

Members of Congress, tech policy experts and others familiar with the effort described TikTok’s approach as a fundamental “misreading of the Washington landscape” that has become “typical,” Brendan Bordelon reports, and “helps explain how its army of expensive lobbyists struggled to assuage congressional concerns that the app is a surveillance tool for Beijing — and ultimately failed to save it from this year’s unusual, fast-moving legislative attack.”

How it was written: For almost a year, a group of 15 lawmakers “and some of their aides worked to write a version of the bill, concealing their efforts to avoid setting off TikTok’s lobbying might,” NYT’s Sapna Maheshwari, David McCabe and Cecilia Kang report. “And the last stage — a race to the president’s desk that led some aides to nickname the bill the ‘Thunder Run’ — played out in seven weeks from when it was publicly introduced, remarkably fast for Washington.”

How it’s playing: “On TikTok, Resignation and Frustration After Potential Ban of App,” by NYT’s Yiwen Lu

 

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PLAYBOOKERS

Pete Buttigieg is really happy to be a dad.

Monica Lewinsky seems to have heard the new Taylor Swift album.

Alexandria Ocasio-Cortez caught Jared Moskowitz in one of the oldest social media tricks in the book.

Gateway Pundit is filing for bankruptcy.

Ned Lamont is under fire for something of a “chainsaw massacre” in Connecticut.

SPOTTED: Second gentleman Doug Emhoff at Dacha in Navy Yard sporting his custom Dodgers jersey ahead of L.A.’s game against the Nationals last night. (Emhoff’s Dodgers thumped the Nats, 11-2.) Pic

OUT AND ABOUT — Symone Sanders-Townsend, Keenan Austin Reed, Helen Milby, Tiffany Moore and Alethia Jackson threw a White House Correspondents’ Dinner week kickoff event powered by All In Together at the home of Helen and Joe Milby last night. SPOTTED: Rebecca Kutler, Karine Jean-Pierre, Cecilia Rouse, Liz Johnson, John McCarthy, Amy Blanchard Ricchetti, Shannon Ricchetti, Sabrina Siddiqui, Tyler Pager, Steve Benjamin, Shawn Townsend, Hana Sharif, Tasia Jackson, Michael Reed, Jackie Rooney, Lindsey Parker, Brandon Todd, Christina Henderson, Alexi McCammond, Crystal Carson, Geoff Bennett, Emily Benn, Nia-Malika Henderson, Lauren Leader, Dan Koh, Kevin Walling, Ayesha Rascoe, Maude Okrah Hunter, Annie Linskey, Anna Palmer and Tony P.

International Intrigue co-founder Helen Zhang hosted a brand launch and book discussion with author and former French spy Jack Beaumont at Immigrant Food last night. SPOTTED: Jason Israel, Sarah Dietch, Brad Bosserman, David Millikin, Natalia Etten, Anand Raghuraman, Sarah Beaton, Christopher Burk, Chelsea Magnant, Sutton Meagher, Anna Law and Andres Uzcategui.

TRANSITIONS — Matt Kaplan is joining Endeavor as VP of government relations. He most recently was director of public policy at Meta. … Katie Everett is now comms manager at Bentley Systems. She most recently was comms director for Rep. Michael Burgess (R-Texas). …

… Mark Vlasic is now a senior adviser at Techstars. He also is a principal at Madison Law & Strategy Group, is an EP of “Blood & Treasure” for CBS and teaches international law and diplomacy at Georgetown. … Brad Fitch is retiring as president and CEO of the Congressional Management Foundation after 14 years in the job.

ENGAGED — Caroline James, digital production and analytics manager at Friends of the Earth, and Julien Rashid, manager of public policy at GSK, got engaged April 12 at the La Colombe where they had their first date. They met on Hinge. Pic

HAPPY BIRTHDAY: PBS NewsHour’s Geoff BennettJohn AnzaloneErica Suares of Senate Minority Leader Mitch McConnell’s office … Steve Murphy of MVAR Media … Peter DaouDavid FentonDavid Gardiner Andy SigmonBill Duhnke Teddy Goff of Precision Strategies … POLITICO’s Alex Nieves and Emory Roberts… The American Independent’s Emily SingerSmythe AndersonMike Tuffin of AHIP … Jim Mustian … former Sen. Jon Kyl (R-Ariz.) … Seth Amgott … former Rep. Keith Rothfus (R-Pa.) … Jaclyn RothenbergJulie Roginsky … Raben’s Michael YudinJacob Wallace Danielle VogelPatrick Mellody … Palantir’s Wendy Anderson … WaPo’s Kathy BairdKristen Ricciardelli

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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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