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| By Eugene Daniels and Rachael Bade | |||
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With help from Eli Okun, Garrett Ross and Bethany Irvine | |||
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THE FALLOUT — “Biden just gave Trump a new pardon playbook,” by Kyle Cheney and Betsy Woodruff Swan: “President JOE BIDEN did not just protect his son. He also handed President-elect DONALD TRUMP a template to shield his own allies and stretch the pardon power even further. Legal experts say Trump now has fresh precedent — and political cover — to issue expansive pardons absolving his allies not only of specific offenses, but even any undetermined crimes they may have committed.” JUST POSTED — “Inside the Supreme Court Ethics Debate: Who Judges the Justices?” by NYT’s Jodi Kantor and Abbie VanSickle: “In private meetings and memos, the justices made new rules for themselves — then split on whether they could, or should, be enforced.” | |||
Sens. Susan Collins (R-Maine) and Thom Tillis (R-N.C.) converse on their way to a vote at the U.S. Capitol July 26, 2022. | Francis Chung/E&E News/POLITICO | |||
KASH AND TANGO — Congress is officially back, and as they kick off the three-week lame duck sprint, we got an update last night on how two crucial Trump nominations are faring in the Senate. Trump is hoping not to lose any more of his picks a la MATT GAETZ, who withdrew last month after it became clear that enough Republican senators were quietly but firmly opposed to his nomination to make his continuing on pointless. First, the good news for Trump: His plan to install loyalist KASH PATEL as FBI director (and, implicitly, fire current director CHRISTOPHER WRAY ahead of schedule) is not raising any immediate red flags among Republican senators who spoke to reporters last night. It’s early, to be sure, but Patel has this going for him: He has no known personal peccadilloes for senators to seize on — only his radical views about the “deep state” and his long record of loyalty to Trump, which is a feature, not a bug, to many elected Republicans. Even those who, by dint of reputation or political situation, might be most skeptical of Patel were at least not rushing to judgement or even expressing any public concerns, as our colleagues Ursula Perano and Anthony Adragna reported. — Sen. SUSAN COLLINS (R-Maine): “I don't know Kash Patel. I had heard his name, but I don't know his background, and I'm going to have to do a lot of work before reaching a decision on him. In general, I’ve found it's important to review the background check, the committee work and the public hearing.” — Sen. JONI ERNST (R-Iowa): "I do know Kash, and that's why I think he's going to be great. We really do need people that will go in and shake up some of these organizations. … I do think he will be able to get confirmed, absolutely.” — Sen. THOM TILLIS (R-N.C.): “I’m in a presumptive positive position right now. Everybody says what they want to say about him seeking retribution, or have the office of retribution set up and all that. I just don’t see it.” To be clear, Patel has a lot of tough questions ahead. To name a few: His role in allegedly nearly botching a 2020 hostage rescue operation in Nigeria is coming under new scrutiny. He got himself involved in some head-scratching business dealings after leaving the Trump administration. He literally drew up an enemies list. But he’s benefiting from a post-Gaetz environment where GOP senators appear less than eager to pick a fight. There’s only so many sacrificial lambs you can slaughter when advising-and-consenting, after all, especially when there’s no salacious accusations of personal misconduct to seize upon. WHICH BRINGS US TO … Trump’s pick for secretary of Defense, which is a different story entirely. The drip-drip of controversies surrounding PETE HEGSETH continues to weigh on his nomination, with senators now taking stock of the latest allegations, via the New Yorker’s Jane Mayer, of alleged alcohol abuse, sexual misconduct and financial mismanagement. Hegseth is making his case to senators personally this week, moving to shore up as much support as he can. He met with a handful of conservative senators last night, as Axios’ Stef Knight reported, including TED CRUZ (R-Texas), MIKE LEE (R-Utah), CYNTHIA LUMMIS (R-Wyo.) and RICK SCOTT (R-Fla.). Cruz, like the others in the meeting, came out professing full support: “A year from now, military recruitment numbers will have skyrocketed under Secretary Hegseth," he said. Today, a Hegseth adviser tells Playbook, he will be back on Capitol Hill for more meetings, focusing on members of the Senate Armed Services Committees and other key leaders. Among the senators on his dance card: Sens. TED BUDD (R-N.C.), JAMES RISCH (R-Idaho) and ERIC SCHMITT (R-Mo.). Here’s the thing, though: Those rock-ribbed conservatives aren’t the ones Hegseth necessarily needs to be concerned about. Last month, we outlined which senators to watch during each of these confirmation fights, and that advice still holds. Notably, the impasse over FBI background checks for Trump's Cabinet nominees is set to be resolved “in the next few days,” according to Sen. ROGER WICKER (R-Miss.), who will be overseeing Hegseth’s confirmation proceedings as Armed Services chair. More from Joe Gould and Connor O’Brien One senator to definitely keep your eyes on is Ernst. The junior senator from Iowa has long been a critic of how the Pentagon handles sexual assault within its ranks, and she has a record of voting against DOD nominees facing sexual assault allegations. She has been lukewarm on Hegseth’s nomination. Per WaPo’s Mariana Alfaro, she said this last night: “I know there’s a lot of information out there. I want the best for the president, right? I want the best for the president, and he deserves a nominee that will work for him and do the absolute best that our country needs.” Another reason to watch Ernst? She’s a possible Plan B if Hegseth can’t go the distance. As Jonathan Martin floated last night, “The easy fix on Hegseth is to yank him now, stop the drip and appoint [Ernst], a vet and survivor who just lost a Senate leadership race and would be confirmed in a heartbeat.” Good Tuesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade and Eugene Daniels. | |||
| A message from Tobacco-Free Kids Action Fund: E-cigarettes have gone from bad to worse. They are hooking kids with fun flavors, more nicotine than ever and even built-in video games. Some vapes have as much nicotine as 20 packs of cigarettes. Almost all are illegal. To protect kids, the FDA and other federal agencies must act now to remove illegal products from the market and stop them from being imported into the U.S. Learn more. | |||
ABOUT THAT OTHER STUFF — “Congress readies another funding punt ahead of pre-Christmas shutdown deadline,” by Jennifer Scholtes and Katherine Tully-McManus: “A grand deal on final funding bills is highly unlikely before the Dec. 20 deadline, considering Speaker MIKE JOHNSON and Senate Majority Leader CHUCK SCHUMER have yet to strike a “toplines” agreement on overall spending totals for the military and non-defense programs. So lawmakers must now ready yet another stopgap that keeps federal agencies running on static funding — after they already punted on spending back in September. … The length of the funding patch, known as a continuing resolution or a CR, as well as what special exceptions are included and how much disaster aid is attached will be the main focus of negotiations.” WHERE TRUMP AND BIDEN AGREE — “Trump again vows to block Japanese firm’s controversial takeover of US Steel,” by CNN’s Juliana Liu: “‘Through a series of Tax Incentives and Tariffs, we will make U.S. Steel Strong and Great Again,’ he said on his Truth Social platform on Monday. ‘As President, I will block this deal from happening. Buyer Beware!!’” | |||
| A message from Tobacco-Free Kids Action Fund: Parents are pleading: FDA must protect kids. Over 1.6 million kids use e-cigarettes. Nearly 90% use flavored products. Clear the market of illegal vapes now. | |||
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On the Hill The Senate is in. The House will meet at noon to take up various legislation, with first and last votes expected at 6:30 p.m. 3 things to watch …
At the White House President JOE BIDEN will depart Luanda, Angola en route to Lobito, Angola, where he will tour the Lobito Port Terminal and visit the Carrinho Food Processing Factory. The president will participate in the Lobito Corridor Trans-Africa Summit. Following the summit, Biden will depart Angola to return to D.C. VP KAMALA HARRIS will receive briefings and conduct internal meetings with staff. | |||
| REGISTER NOW: As the 118th Congress ends, major decisions loom, including healthcare appropriations. Key focus: site neutrality. Can aligning hospital and clinic costs cut federal spending, reflect physician costs, and lower patient expenses? Join policymakers and providers to discuss. | |||
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THE WHITE HOUSE |
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President Joe Biden embraces Hunter Biden during the Democratic National Convention at the United Center on Aug. 19, 2024 in Chicago. | Andrew Harnik/Getty Images | |||
BEG YOUR PARDON — As every corner of the political world weighs in on Biden’s decision to grant his son HUNTER BIDEN a sweeping pardon, for the president himself “the decision ultimately came down to his overriding belief that Hunter had been through ‘enough’ — and faith that the American people would understand, or at least not care enough for it to matter,” Adam Cancryn and Myah Ward report. “Biden, who said he resolved over the Thanksgiving weekend to wipe out Hunter’s crimes, had grown worried that his son’s upcoming sentencing would be especially hard for Hunter and his broader family to bear.” Indeed, NYT’s Katie Rogers and Glenn Thrush report that Biden grew “deeply concerned that the pressure of the trials would push his son into a relapse after years of sobriety” and “began to realize there might not be any way out beyond issuing a pardon.” The NYT also notes Biden did not give “serious consideration of anything short of a full pardon, such as a commutation of his sentence.” “For his part, Hunter Biden was hardly shy about telling the people around him that he wanted — needed — a pardon, although it is unclear how often he had discussed the matter directly with his father before this past week.” Mum’s the word: Meanwhile, the pardon is “quickly becoming something of a third rail in the earliest stages of the 2028 presidential primary, with few ambitious Democrats showing any desire to touch it,” Holly Otterbein, Adam Wren and Shia Kapos write. TRANSITION LENSES | |||
Kash Patel speaks at a rally in Minden, Nevada, Oct. 8, 2022. | José Luis Villegas/AP | |||
KASH FLOW — What could Patel actually do as FBI director? If he does secure confirmation, Patel would be poised to serve as a powerful tool to carry out Trump’s radical makeover of the agency, NYT’s Elizabeth Williamson and Charlie Savage write in a look at the key priorities Patel has pushed. On going after Trump’s adversaries: “Although Mr. Patel would need a factual basis for suspecting someone of wrongdoing to open a preliminary or full investigation, department rules give significant discretion to F.B.I. officials to determine whether the standard has been met. If Mr. Patel wanted to open investigations on a flimsy basis, he would need to find subordinates willing to go along. Either way, he would need a Justice Department prosecutor to take more intrusive steps like issuing a grand jury subpoena or seeking a wiretap order.” On turning the screws on the press: “Currently, the Justice Department and the F.B.I. are barred from using compulsory legal processes, like subpoenas and search warrants, to go after reporters’ information, including by asking third parties, like phone and email companies, to turn over their data, or to force them to testify about their sources. But that limit is in a rule issued by Attorney General MERRICK B. GARLAND. Should Mr. Trump’s attorney general rescind that regulation, the F.B.I. would be freed to go after reporters’ information.” On transforming the workforce: Patel has said he wants to turn loose more FBI agents across the country. The problem for Patel is that “most of the F.B.I. personnel who work in Washington are not special agents but support staff who are not qualified for law enforcement roles. The F.B.I. also needs a presence in Washington to deal with the rest of the executive branch, especially the Justice Department’s national security division. That said, the F.B.I. director has broad authority to reassign personnel to different parts of the country.” More top reads:
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| A message from Tobacco-Free Kids Action Fund: Almost all flavored e-cigarettes are illegal. The FDA must act. Learn more. | |||
AMERICA AND THE WORLD | |||
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Then-President Donald Trump is greeted by Canadian Prime Minister Justin Trudeau during the G7 official welcome on June 8, 2018, in Quebec City, Canada. | Leon Neal/Getty Images | |||
HOW TRUMP SEES THINGS — Canadian PM JUSTIN TRUDEAU at a recent dinner with Trump told the president-elect “that Americans would also suffer if the president-elect follows through on a plan to impose sweeping tariffs on Canadian products,” according to a Canadian official who was present, per the AP’s Rob Gillies. But the account from this side of the border is just as illuminating. “According to two people at the table who heard the discussion, Trump, while cordial and welcoming, was very direct when it came to what he wants from his counterpart to the North,” Fox News’ Greg Wehner and Bret Baier report. Trump told Trudeau that Canada has “failed the U.S. border by allowing large amounts of drugs and people across the border, including illegal immigrants from over 70 different countries” but he “became more animated when it came to the U.S. trade deficit with Canada, which he estimated to be more than $100 billion.” “Trump then suggested to Trudeau that Canada become the 51st state, which caused the prime minister and others to laugh nervously, sources told Fox News. But he continued, telling Trudeau that prime minister is a better title, though he could still be governor of the 51st state.” When someone at the table joked that Canada would likely be a liberal state, “Trump suggested that Canada could possibly become two states: a conservative and a liberal one.” More top reads:
ALL POLITICS NEW PLAYER TO WATCH — “Pro-immigration group launches a political arm to combat Trump’s agenda,” by Myah Ward: “With the latest move from Immigration Hub … advocates plan to drive major political advertising campaigns to counter the incoming president’s policy plans, which include rapidly ramping up deportations. The group’s political arm, called Catalyze/Citizens, will also work to expand Immigration Hub’s reach by countering disinformation about immigrants.” JUDICIARY SQUARE SCOTUS WATCH — The Supreme Court appears to be unsympathetic to a challenge from the maker of flavored e-cigarette products to an FDA decision denying authorization to bring them to market, David Lim reports. During oral arguments in the case yesterday, liberal justices reiterated FDA concerns about the flavorings’ appeal to youth while conservatives on the court questioned whether there would be any point in asking the agency to reconsider its decision. TRIAL BALLOON — Federal prosecutors yesterday said D.C. police Lt. SHANE LAMOND, who is accused of leaking confidential information to Proud Boys national leader ENRIQUE TARRIO, “became a ‘double agent’ for the far-right extremist group after its members burned a stolen Black Lives Matter banner in the nation’s capital,” AP’s Michael Kunzelman writes. “Lamond was a ‘Proud Boys sympathizer’ who warned Tarrio about his impending arrest for the banner’s destruction and later lied to investigators about their communications, said the prosecutor.” MUSK READ — A judge in Delaware yesterday “affirmed an earlier ruling that rescinded a giant pay package that Tesla had awarded its chief executive, ELON MUSK,” NYT’s Peter Eavis and Jack Ewing report. “The pay, in the form of stock options, was worth more than $50 billion and helped make Mr. Musk the richest person in the world. The package is now worth $100 billion after Tesla’s share price jumped sharply in recent weeks.” FOR YOUR RADAR — A judge in Wisconsin yesterday “sent ripples through Wisconsin's political landscape, overturning a 13-year-old law that banned most collective bargaining among public employees, consequently decimating the size and power of employee unions and turning then-Republican Gov. SCOTT WALKER into a nationally known political figure,” the Milwaukee Journal Sentinel’s Jessica Van Egeren, Hope Karnopp and Sophie Carson report. ANTITRUST THE PROCESS — “FTC opens Microsoft antitrust investigation that Trump administration must carry on or drop,” by AP’s Matt O’Brien BEYOND THE BELTWAY THE TIE-UP THAT BINDS — “The Railroad on the Wrong Side of Trump’s Tariffs,” by WSJ’s Esther Fung: “A $28 billion merger in 2023 created Canadian Pacific Kansas City, connecting Mexico, the U.S. and Canada.” LETTER FROM THE 212 — “A Culture-War Battle Convulses a School Panel in Liberal Manhattan,” by NYT’s Claire Fahy: “MAUD MARON, a right-wing activist, introduced a resolution about transgender students’ participation in sports. The fallout has derailed a parent council in one of Manhattan’s largest school districts.” | |||
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