The subpoena’s out, but student debt relief is on hold

By Eli Okun

THE ELECTION — 17 days left until Election Day. … 7,101,488 early votes already cast as of 8:26 a.m., per the United States Elections Project .

IT’S OFFICIAL — The House Jan. 6 committee issued its subpoena to former President DONALD TRUMP on Friday, more than a week after the panel voted to do so. It’s a historic move that could theoretically compel a showdown for the ages, though few expect the process to result in an actual testimony.

“[W]e have assembled overwhelming evidence … that you personally orchestrated and oversaw a multi-part effort to overturn the 2020 presidential election and to obstruct the peaceful transition of power,” the subpoena avers. Read it here

This is Congress’s first attempt to subpoena a former president since 1953, when the House Committee on Un-American Activities sought testimony from HARRY S TRUMAN. The request formally seeks information from Trump regarding Jan. 6 and the efforts to subvert the 2020 election, with deadlines for his records and testimony on Nov. 4 and Nov. 14, respectively. The committee specifically is looking for information on fake electors, certification disruption, the insurrection, Rep. SCOTT PERRY (R-Pa.), obstruction of the panel’s own work and more.

Trump’s lawyers said they’d review the subpoena and criticized the committee for making it public. But ultimately, the subpoena is “unlikely to compel Trump’s testimony before the panel dissolves at the end of the year,” Kyle Cheney and Nick Wu report .

Should Trump choose to fight the subpoena, dragging things out in court for a few months before Republicans are expected to retake the House would be no difficult task. Even if Democrats can manage to keep the committee going, “his lawyers are likely to muster a battery of constitutional and procedural arguments for why a court should allow him not to testify,” NYT’s Charlie Savage and Alan Feuer detail this morning. Those could include citing the Truman precedent , invoking executive privilege or arguing that the subpoena is illegitimate on procedural grounds.

WHAT ERIC HERSCHMANN KNEW — “Emails reveal warning to Trump team about fraud claims,” by Axios’ Jonathan Swan and Zachary Basu: “A senior White House lawyer expressed concerns to President Trump’s advisers and attorneys about the president signing a sworn court statement verifying inaccurate evidence of voter fraud, according to emails from December 2020 … The emails shed new light on a federal judge's explosive finding Wednesday that Trump knew specific instances of voter fraud in Georgia had been debunked, but continued to tout them both in public and under oath.”

Just hours after President Joe Biden held a big event on student debt relief in Delaware, an appeals court blocked his policy. | Evan Vucci/AP Photo

SO CLOSE, YET SO FAR — Just two days before the Biden administration was planning to start issuing student loan relief, the 8th Circuit Court of Appeals temporarily blocked the policy Friday. Though other courts had swatted away challenges to the policy, this one from several Republican-led states broke through with the St. Louis-based appellate panel. The hold will give the court time to review arguments and rule on the merits: Both sides have Monday and Tuesday deadlines to submit briefs. More from Michael Stratford

The stay was a GOP victory and a setback for a key administration policy, which President JOE BIDEN had just started to highlight more on the campaign trail. Earlier in the day, the administration announced that 22 million applications for relief had already poured in during the first week — about half of the expected total eligible pool — and Biden held a big event on student debt relief in Delaware.

Late Friday night, the administration responded by encouraging borrowers to continue applying. “It is also important to note that the order does not reverse the trial court’s dismissal of the case, or suggest that the case has merit,” said press secretary KARINE JEAN-PIERRE.

Good Saturday morning. Your weekend respite from politics is this seminal 2019 piece of assorted wisdoms on art, criticism, death and living from The New Yorker’s PETER SCHJELDAHL, who died Friday. (“Between bulletins from my body that say this isn’t so, I still feel like a kid inside.”) Thanks for reading Playbook. Drop me a line at eokun@politico.com , or reach out to the rest of the team: Rachael Bade , Eugene Daniels , Ryan Lizza .

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BIG PICTURE

CALLING IN THE BIG GUNS — Former President BARACK OBAMA is jumping onto the (digital and radio) airwaves with ads this week for swing-state Dems: JOHN FETTERMAN in Pennsylvania, Sen. MAGGIE HASSAN in New Hampshire, MANDELA BARNES and Gov. TONY EVERS in Wisconsin, Nevada Gov. STEVE SISOLAK and Rep. CHARLIE CRIST in Florida — plus a home-state spot for Illinois Gov. J.B. PRITZKER. More from CNN

DEMOCRACY WATCH — Nevada could be ground zero for election chaos, WaPo’s Dana Milbank writes in a reported column from Pahrump. A flurry of officials have resigned, and some counties are switching to methods that could delay vote counts. Worst-case scenario: “[C]onspiracy-minded county commissioners might refuse to certify the results … This raises the likelihood that the state legislature could step in and throw out the results in any contested state election, from Assembly up to governor, and install the candidate of their choice — something that is allowed under Nevada law.”

Related read: “Flynn Group Recruits Cops, Vets for ‘One More Mission’—to Watch Election Sites,” by The Daily Beast’s Will Sommer

WHAT TO EXPECT WHEN YOU’RE COUNTING — Conservative activists who believe baseless election fraud conspiracy theories are urging Republicans not to vote until Election Day, AP’s Christina Cassidy and Ali Swenson report . That could create long lines or delays in results — which in turn opens the door for bad actors to cast doubt.

— A surge in early voting so far is making this election look like it’ll be another high-turnout affair, NYT’s Nick Corasaniti reports . While it’s too early to draw many partisan conclusions, it’s clear that post-pandemic, “Election Day has become, and will most likely always be, election month.”

NOT ALWAYS WANTED — Trump’s midterm rally schedule went dark last weekend as some campaigns reconsider how helpful he’d really be, WaPo’s Isaac Arnsdorf, Michael Scherer, Amy Gardner and Josh Dawsey report . A plan with HERSCHEL WALKER came and went; New Hampshire and Wisconsin aren’t on the docket. Instead, he’ll be in Texas today … without Gov. GREG ABBOTT. Other upcoming possibilities include Georgia, Iowa, Ohio and Pennsylvania.

BATTLE FOR THE SENATE

TRIAGE TIME — The Senate Leadership Fund is cutting off DON BOLDUC in New Hampshire, axing $5.6 million in TV ad reservations to redirect the money elsewhere, NYT’s Shane Goldmacher and Trip Gabriel report . The MITCH McCONNELL-aligned super PAC said it had to focus on “winning the majority,” but the move drew outcry from some Republicans who said Bolduc still has a shot at beating Hassan.

— Flashback to Wednesday: “‘I have said no to that question, and I’m not backing off,’ Bolduc said in an interview with POLITICO , when asked whether he would now agree to support McConnell as leader.”

THE TRUMP EFFECT — The feud between Trump and Colorado Republican JOE O’DEA has roiled the state’s GOP this week, making some MAGA types mad at the moderate, WaPo’s Liz Goodwin reports from Castle Rock. But … ultimately they say they’ll vote for him nonetheless.

BATTLE FOR THE HOUSE

RATINGS ROUNDUP — Inside Elections shifted 13 races toward Republicans and eight toward Democrats (plus nudging the Iowa Senate race onto the board). Some notable moves: Rep. TOM MALINOWSKI (D-N.J.) from toss-up to tilting GOP, the open New York 19th and Oregon 6th moving from tilting Dem to toss-up, and Reps. MARY PELTOLA (D-Alaska) and JARED GOLDEN (D-Maine) from toss-up to tilting Dem. The full set of changes

THE SPECIAL SAUCE — Peltola managed to win the special election (and gain a lead for November) by blending an idiosyncratic mix of policy positions with bipartisan messaging and her historic candidacy, The Daily Beast’s Sam Brodey finds in Anchorage. She’s pro-fish, pro-gun rights, pro-abortion rights, pro-organized labor and pro-resource extraction. “Asked what Democrats elsewhere could learn from her campaign, Peltola offers clear answers. They’re just difficult to export anywhere else.”

CROSSING THE AISLE — Sen. LISA MURKOWSKI (R-Alaska) said she’ll rank Peltola first on her ballot, per the Anchorage Daily News’ Zachariah Hughes . They’ve been friends for a quarter-century.

BATTLE FOR THE STATES

SURPRISING NAIL-BITERS — As Oklahoma Gov. KEVIN STITT struggles to put away his reelect in a very red state, the Republican Governors Association is rushing in to bolster him with a seven-figure ad buy, Zach Montellaro reports . Democrat JOY HOFMEISTER has benefited from unusually unified tribal support and a yearslong barrage of ads against Stitt.

— As New York Gov. KATHY HOCHUL struggles to put away her reelect in a very blue state, she’s being forced to pivot her campaign to crime and economic issues, Joseph Spector and Anna Gronewold report from Albany.

WHERE’S KATIE? — That’s the line Arizona Republicans have been pushing about low-key Democratic gubernatorial nominee KATIE HOBBS — and the worry that some Dems have too, NYT’s Jack Healy reports from Phoenix. “Even her supporters are concerned that Ms. Hobbs, an understated elected official who runs an office responsible for administering elections and overseeing state archives, may be ill-suited to a contest against a Trump protégé like [KARI] LAKE who relishes political combat.”

THE JUGGERNAUT — Can Florida Gov. RON DeSANTIS win Miami-Dade County on his way to reelection? That would be a shot in the arm for the Republican, whose party hasn’t won the county in a gubernatorial election for two decades, NBC’s Carmen Sesin reports from Miami. Dems are worried that DeSantis’ strength with Latinos could doom the Democratic Party in Florida and bolster the governor for a 2024 presidential bid.

HEADS UP — The resignation of Crist’s campaign manager, AUSTIN DURRER, this week came a day after he was arrested for second-degree misdemeanor assault in a domestic violence case, NBC’s Marc Caputo scooped . He also pressed charges the next day. Durrer and the mother of his child later issued a statement saying they’re now working to drop the charges.

BACK FROM THE DEAD — “Caruso’s huge ad campaign seems to be paying off in LA mayor’s race,” by Alexander Nieves

HOT POLLS

— Washington: Three new polls have Democratic Sen. PATTY MURRAY ahead of TIFFANY SMILEY but not out of danger: It’s 49% to 41% from the Seattle Times , 52% to 42% from the Northwest Progressive Institute and 48% to 45% from co/efficient .

— Minnesota: Republican SCOTT JENSEN is inching ahead of Gov. TIM WALZ in a new Alpha News/Trafalgar Group survey , 46.3% to 45.8%.

— New York: Could Rep. LEE ZELDIN really pull this out? A poll from co/efficient has the Republican beating Hochul 45.6% to 45.3%.

— Virginia: A pivotal House district is all tied up, with Democratic Rep. ELAINE LURIA and JEN KIGGANS each at 45% in a Christopher Newport University survey .

HOT ADS
With help from Steve Shepard

FIRST IN PLAYBOOK — The Congressional Leadership Fund is going up with a new ad that hits Golden on a very Maine issue: lobsters. Because Golden didn’t return a donation from the head of a group that advised Mainers not to eat local lobster, he’s getting a briny reception: “It was literally like a big kick in the nuts,” a lobsterman testifies.

— Georgia: Democratic Sen. RAPHAEL WARNOCK is finally going there: After staying fairly positive through the recent weeks of Walker scandals, his campaign has two new ads slamming Walker over allegations that he threatened to kill his ex-wife and paid for his ex-girlfriend’s abortion, per NBC’s Sahil Kapur, Dan Gallo and Ellison Barber .

— Nevada: The Club for Growth’s latest ad backing GOP Senate nominee ADAM LAXALT calls Democratic Sen. CATHERINE CORTEZ MASTO “the decisive vote” (in Spanish) for Covid stimulus checks for imprisoned Americans.

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PHOTO OF THE DAY

In Clark County, Nev., election officials set up voter check-in stations Friday ahead of the start of early voting in the state today. | Ethan Miller/Getty Images

8 THINGS THAT STUCK WITH US

1. GRAHAM GOES ALL THE WAY: Sen. LINDSEY GRAHAM (R-S.C.) asked the Supreme Court on Friday to intervene and prevent him from being forced to testify before the Fulton County, Ga., special grand jury. Graham’s emergency request goes to Justice CLARENCE THOMAS, who’s expected to send it to the full court. He’s been subpoenaed in the Georgia probe into the efforts to overturn the 2020 election. More from CNN

2. IMMIGRATION FILES: The Biden administration’s controversial embrace of the Trump-era Title 42 policy (and other moves) to kick out Venezuelan migrants seems to be having the intended effect: The number crossing the border has plummeted, from about 1,200 daily to about 150, per the NYT . But, but, but: There’s a human toll, too. Reuters’ Jose Luis Gonzalez has riveting photos of the Venezuelans who can’t get in.

— The big picture: Per new Customs and Border Protection data, migrant encounters on the U.S.-Mexico border hit a record in September of 227,547, Fox News’ Bill Melugin and Landon Mion report . The number for the fiscal year that ended last month was also an all-time high of 2.38 million.

— Do as I say, not as I do: “DeSantis cracked down on migrant labor. Then one helped coordinate his migrant flights,” by the Miami Herald’s Ana Ceballos and Sarah Blaskey: “A Venezuelan migrant unable to legally work in the United States was paid to help coordinate Gov. Ron DeSantis’ migrant flight program.”

3. GOP VS. BIG TECH: Unsatisfied with a pilot program Google launched to address its spam filter complaints for campaign emails, the RNC sued the tech behemoth Friday, Axios’ Sara Fischer and Ashley Gold report . “The lawsuit alleges that Google ‘has relegated millions of RNC emails en masse to potential donors’ and supporters’ spam folders during pivotal points in election fundraising and community building.’” Google says there’s nothing partisan about it.

4. FROM 30,000 FEET: “Inside the successes, missteps and failures of Biden’s early presidency,” by WaPo’s Ashley Parker, Tyler Pager and Michael Scherer: “Biden — a tactile, retail politician — found himself stuck in a bubble, both of covid beyond his control and insularity of his own making. … But for those closest to Biden, the trials ultimately vindicate the promises he made to the American people.”

5. SMOKE SCREEN: The FDA’s ban on Juul e-cigarettes — currently on hold — was broadly viewed this summer as a step to discourage kids from vaping. But WSJ’s Jennifer Maloney reveals that wasn’t the case: “The agency ordered Juul off the market because of technical issues” — specifically “that the company hadn’t sufficiently answered the agency’s questions on the toxicology data Juul had submitted.”

6. ANNALS OF INFLUENCE: “Big K Street players spend more as election uncertainty brews,” by Roll Call’s Kate Ackley: “K Street’s 10 biggest spenders have shelled out a combined $238.3 million on federal lobbying so far this year … Year-to-date spending through Sept. 30 is up from last year’s level of $200 million for the top 10, but is comparable to 2020’s total of $230 million … Business groups, led by the U.S. Chamber of Commerce, as well as health care, pharmaceutical and technology interests, topped spending in the first three quarters.”

7. ABOUT LAST NIGHT: In a sitdown interview with MSNBC’s Jonathan Capehart, Biden said he’s headed toward a reelection bid: “The only reason to be involved in public life is: Can you make life better for other people?” he said. “I have not made that formal decision, but it’s my intention to run again. And we have time to make that decision.” More from the interview, including abortion rights

8. TRADE GROUP TURMOIL: “Inside Michelle McMurry-Heath’s departure from BIO: Firings, internal clashes, and a pivotal job review,” by Stat’s Rachel Cohrs: “[H]er swift and abrupt exit from the role earlier this month shocked the industry. But it was set in motion in late summer, when the Biotechnology Innovation Organization’s board of directors dispatched an outside firm to produce an ‘assessment’ of her performance.”

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CLICKER — “The nation’s cartoonists on the week in politics,” edited by Matt Wuerker — 15 funnies

Bennett - Chattanooga Times Free Press

GREAT WEEKEND READS, curated by Ryan Lizza:

— “In the Running,” by Sarah Smarsh in Harper’s: “The trials of an almost candidate.”

— “She Was Killed by the Police. Why Were Her Bones in a Museum?” by Bronwen Dickey in the NYT Magazine: “Katricia Dotson’s remains were studied, disputed, displayed and litigated. Lost in the controversy was the life of an American girl and her family.”

— “When the National Culture Wars Come to Your School,” by KK Ottesen in WaPo Magazine: “Six students on what happened after their schools became flash points on masks, racial justice, LGBTQ rights, book banning and more.”

— “The Portland Van Abductions,” by The Verge’s Sarah Jeong and Sergio Olmos: “In 2020, protests against police brutality were everywhere. So why did the federal government think the greatest threat to homeland security was in a midsize city known mostly for hipsters and passive aggression?”

— “The Private Jet That Took 100 Russians Away From Putin’s War,” by Willem Marx in Bloomberg Businessweek: “Thousands of working professionals have fled to neighboring countries. This is how they got out, and what their departure means for their homeland.”

— “Xi Jinping: the making of a dictator,” by Sue-Lin Wong in The Economist’s 1843 Magazine: “The story behind the world’s most powerful man.”

— “What Happened When the U.S. Military Played ‘Shark Tank,’” by WSJ’s Ben Cohen in Tampa, Fla.: “Central Command went searching for good ideas. It had to flatten the chain of command to find them.”

— “How the British helped JFK navigate the Cuban Missile Crisis,” by The Spectator’s Christopher Sandford: “The special relationship blossomed during a dangerous time.”

— From the archives: “The Minister of Chaos,” by The Atlantic’s Tom McTague, July 2021: “Boris Johnson knows exactly what he’s doing.”

JOIN WOMEN RULE THURSDAY FOR A TALK WITH DEPARTING MEMBERS OF CONGRESS: A historic wave of retirements is hitting Congress, including several prominent Democratic women such as Illinois Rep. Cheri Bustos, House Democrats’ former campaign chief. What is driving their departures? Join POLITICO on Oct. 27 for “The Exit Interview,” a virtual event that will feature a conversation with departing members where they'll explain why they decided to leave office and what challenges face their parties ahead. REGISTER HERE .

Ben Sasse — or at least the process by which he was selected as the University of Florida’s next president — could face a faculty vote of no confidence next week.

Ken Paxton lost a voter fraud case .

Liberal Twitter’s foremost Reply Guys (and Gals) got invited to the White House .

OUT AND ABOUT — The Meridian International Center held its 54th annual Meridian Ball on Friday night. The ball, chaired by Andrew and Heather Florance and Chris and Paige Nassetta, followed dinners hosted by ambassadors from around the world, some of whom were spotted on the Ferris wheel set up in the courtyard. SPOTTED: Virginia Gov. Glenn Youngkin, Steve Ricchetti, Mike Donilon, Anthony Fauci, Rep. Ro Khanna (D-Calif.), Kara Swisher and Amanda Katz, Abby Phillip and Marcus Richardson, Olivia Nuzzi, Kaitlan Collins, Marisa Lago, Liz Allen, Paula Dobriansky, Susanna Quinn, Rep. Darrell Issa (R-Calif.), Mitch Landrieu, Jon Finer, Carlos Elizondo, Kylie Atwood, Matt Kaminski, Kate Bennett, Gina Abercrombie-Winstanley, Dorothy McAuliffe, Sophia Sokolowski, Remi Yamamoto, Opal Vadhan, John McCarthy, Shelley Greenspan, Jackie Alemany, Josh Dawsey, Patrick Steel and Lee Satterfield, Jim Acosta and Elizabeth Landers, Jeff Zeleny, Michael Schaffer, Michael Crowley, Shannon McGahn and Adrienne Elrod.

— VP Kamala Harris and second gentleman Doug Emhoff hosted roughly 100 Indian American leaders for a Diwali celebration at the Naval Observatory on Friday night. Harris spoke about her childhood trips to India celebrating Diwali. The group lit sparklers on the front lawn, and dancers performed. SPOTTED: Cincinnati Mayor Aftab Pureval, Vanita Gupta, Vinay Reddy, Surgeon General Vivek Murthy, Neera Tanden, Neil Makhija, Chintan Patel, Radhika Jones, Versha Sharma, Zohreen Shah, Radhi Devlukia-Shetty, Deepica Mutyala, Payal Kadakia, Opal Vadhan, Rohini Kosoglu and Sabrina Singh.

TRANSITIONS — Jacqlyn Schneider will be a partner in FGS Global’s food and agriculture practice. She most recently was deputy staff director for the Senate Agriculture Dems. … Lauren Waldron is now director of comms for the U.S. Chamber of Commerce Institute for Legal Reform. She most recently was director of comms at WTS International.

HAPPY BIRTHDAY: CNN’s Chris Licht … Rep. Patrick McHenry (R-N.C.) … Michigan Secretary of State Jocelyn Benson … Hilary Rosen … Stephanie Cutter of Precision Strategies … former Mississippi Gov. Haley Barbour … Kurt Bardella … Guy Harrison of OnMessage Inc. … Brett O’Donnell … Jerry Zremski … FiscalNote’s Mallory Howe Molina … Jon Reedy … Atlantic Council’s Trey Herr … Helen Milby … Patrick Dolan of BGR Group … Slack’s Jonathan Prince … Jeff Grappone of Rokk Solutions … WSJ’s Warren Strobel … Casey Phillips … Sara Swezy of Sena Kozar Strategies … Michael Beckel … former Reps. John Shadegg (R-Ariz.) and Ed Feighan (D-Ohio) … Brian Dodge ... Sandy Smith … Samantha Friedman Kupferman ... Tom Basile … Rachel Petri … Jennie Bragg of Malaria No More … Alice Henriques ... Sister Simone Campbell … Frank Lowy … Michael Ceraso of Winning Margins and Community Groundwork

THE SHOWS ( Full Sunday show listings here ):

MSNBC “The Sunday Show”: President Joe Biden … Jon Meacham … Gloria Avent-Kindred … Speaker Nancy Pelosi … Deborah Watts.

ABC “This Week,” with Jon Karl anchoring a special edition from Phoenix: Katie Hobbs … Kari Lake … Rusty Bowers … DCCC Chair Sean Patrick Maloney (D-N.Y.). Panel: Donna Brazile, Marc Short and Rachael Bade.

CBS “Face the Nation”: Speaker Nancy Pelosi … Amos Hochstein … Scott Gottlieb … Kara Swisher … Chris Krebs.

FOX “Fox News Sunday”: Sen. Mike Lee (R-Utah) … Rep. Henry Cuellar (D-Texas). Panel: Karl Rove, Catherine Lucey, Juan Williams and Rich Edson.

CNN “State of the Union”: Sen. Bernie Sanders (I-Vt.) … Rep. Nancy Mace (R-S.C.). Panel: Karen Finney, Alyssa Farah Griffin, Ashley Allison and David Urban.

NBC “Meet the Press”: Rep. Liz Cheney (R-Wyo.). Panel: Cornell Belcher, Ashley Parker, Danielle Pletka and Kristen Welker.

CNN “Inside Politics”: Panel: Maggie Haberman, Jonathan Swan, Audie Cornish and Jeremy Diamond.

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Correction: Friday’s Playbook misspelled Elisabeth Bumiller’s name.

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