Playbook PM: Biden goes where Congress won’t on guns

From: POLITICO Playbook - Thursday Apr 08,2021 05:50 pm

Apr 08, 2021

By Eugene Daniels, Garrett Ross and Eli Okun

Presented by

“No amendment to the Constitution is absolute. You can’t yell ‘fire’ in a crowded movie theater and call it freedom of speech. At the very beginning, you couldn’t own every weapon you wanted to own … certain people weren’t allowed to have weapons.”

That’s how President JOE BIDEN started off the Rose Garden speech where he unveiled his newest moves to curb gun violence. It’s both an encapsulation of the way his administration thinks about the issue and a preemptive defense against accusations from the right that he’s undermining the Second Amendment.

One thing seems clear: Biden isn’t expecting much movement from Congress on gun control — though he conceded “it’s possible.”

After every mass shooting, there’s a flurry of activity on the Hill, the public is highly engaged on the topic — and then the momentum dies down and nothing much gets passed into law. It’s a reality that helps to explain the path Biden sketched out today.

He outlined the executive actions that our colleague ANITA KUMAR scooped, like requiring background checks on ghost guns. ( You can read all the details here.) He talked about moves the executive branch can make on its own, like nominating a new head of ATF or directing federal agencies to redirect money to prevent community violence. He announced that the Justice Department will author model “red-flag” legislation that individual states can choose to enact.

The subtext: He is doubtful that Congress will do much on the issue, so he’s focusing his energy where he thinks it stands the best chance of making a difference.

“I’m going to use all the resources at my disposal to keep the American people safe from gun violence, but there’s much more that Congress can do to help that effort,” Biden said, calling on the Senate, which is back next week, to pass three House-passed bills that would expand background checks and reauthorize the Violence Against Women Act. “And they can do it right now. They’ve offered many thoughts and prayers, but they’ve passed not a single federal law to reduce gun violence. Enough prayers. Time for some action.”

— Burgess Everett has the latest on one faint glimmer of possibility for Biden on congressional action: “Pivotal GOP senator isn’t giving up on guns deal with Biden”: “[Pat] Toomey, who is retiring in 2022, is eager to reach agreement on a targeted guns measure that can outlast Biden’s presidency and said he appreciates ‘President Biden’s expressed willingness to work with both Republicans and Democrats to achieve this goal.’”

A MILESTONE BIDEN DOESN’T WANT — “Biden administration: Child arrivals at southern border hit record number in March,” by Sabrina Rodríguez: “More than 18,800 unaccompanied children crossed the border in March … It’s a record-breaking figure; the highest monthly number [previously] recorded was more than 11,000 children that crossed the border in May 2019. The March numbers released Thursday represent an almost 100 percent increase from February, when more than 9,400 minors were taken into custody. …

“In total, more than 172,000 migrants were apprehended at the border in March, officials said, marking a 15-year high in monthly crossings. Of those, the majority — more than 100,000 — were almost immediately expelled … About 28 percent of those arriving at the border were repeat crossers … Meanwhile, more than 52,000 migrant families arrived in March, officials shared. More than 17,000 — almost one-third — of the families were expelled under Title 42.”

WAPO fact-checker @GlennKesslerWP: “Well, I guess the Biden White House line that this is the usual annual migration surge at the border is no longer operative.”

Good Thursday afternoon.

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GAETZ-GATE LATEST — “Key figure in Matt Gaetz probe likely cooperating with federal prosecutors,” by Josh Gerstein: “The legal peril Rep. Matt Gaetz is facing appeared to increase sharply after a court hearing indicated that one of his close friends, former Seminole County, Fla., tax collector Joel Greenberg, is likely cooperating with federal prosecutors. The federal probe looking into whether Gaetz had a sexual relationship with a 17-year-old girl and paid for her travel began last year and grew out of the Greenberg case. Gaetz has not been charged and has denied any wrongdoing.”

BIG QUESTION FOR DEMS — “Biden’s infrastructure tax hike worries some Democrats about impact on wealthy voters,” McClatchy: “Republican and Democratic strategists alike say at stake in the argument over taxes is whether wealthy, suburban voters were only temporary Democratic supporters because of Trump and the pandemic, or whether they’re poised to snap back to the GOP in coming elections.”

CASH DASH — “Gunning for majority, House GOP reelection arm reports large fundraising haul,” Fox News: “The National Republican Congressional Committee (NRCC) on Thursday reported that it brought in $33.7 million in fundraising in the January-March first quarter (Q1) of this year. The figures, shared first with Fox News, include a large $19.1 million haul in March alone, which the NRCC says beats its previous off-election year record by $3.6 million.

“The committee highlighted that it had $29.7 million cash on hand as of the end of last month, which it says is a 57 percent increase over the amount of money the NRCC had in the bank at the same point in the last election cycle. The committee also noted that it has no debt and that its average grassroots donation was $32.70. Its record haul was aided by $5.3 million from House Minority Leader Kevin McCarthy of California and $3.5 million from House Minority Whip Steve Scalise of Louisiana.”

THE UNEMPLOYMENT PICTURE — “U.S. jobless claims up to 744K as virus still forces layoffs,” AP: “The Labor Department said Thursday that applications [for unemployment benefits] increased by 16,000 from 728,000 a week earlier.” The most recent data shows a total of 18.2 million people are receiving some form of jobless aid.

INFRASTRUCTURE YEAR — “Confusion may be Democrats’ friend in drive to raise corporate taxes,” by Brian Faler: “To defray the cost of their $2 trillion infrastructure spending plan, they are turning to one of the densest, most impenetrable parts of the tax code in search of revenue. They want to raise hundreds of billions of dollars by changing the arcane rules governing how multinational corporations do their taxes.

“It is a section of the tax system that even gives tax experts trouble, and it comes with a vernacular that will mean nothing to most lawmakers: GILTI, QBAI, earnings stripping, intangible income, Subpart F, transfer pricing, FDII, BEAT. … Most members of Congress don’t understand the first thing about the international corporate tax system and won’t have the bandwidth to figure it out — which should make Democrats’ proposals easier to approve.”

— “U.S. offers new plan in global corporate tax talks,” Financial Times: “In documents sent to the 135 countries negotiating international taxation at the OECD in Paris and obtained by the Financial Times on Wednesday, the U.S. Treasury laid out a plan that would apply to the global profits of the very largest companies, including big U.S. technology groups, regardless of their physical presence in a given country.”

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IT’S OFFICIAL — “NY Rep. Zeldin launches 2022 gubernatorial campaign amid Cuomo controversies,” Fox News

RECALL ME MAYBE — “Caitlyn Jenner moves closer to California recall run,” by Alex Isenstadt: “Transgender activist and reality TV star Caitlyn Jenner and her political advisers are gathering at her Malibu home next week … Jenner has been taking more concrete steps to prepare for a potential campaign than have been previously reported.

“Jenner has brought aboard a team of seasoned GOP strategists. The team includes Ryan Erwin, a former top official at the California Republican Party who had roles on Mitt Romney and Jeb Bush’s presidential campaigns, who is serving as a general consultant. According to two people familiar with the hires, she has also tapped Harmeet Dhillon, a Republican National Committee member and San Francisco-based attorney, to be general counsel.”

THE TRUMP INVESTIGATIONS — “Manhattan district attorney seizes evidence from Trump executive’s former daughter-in-law,” WaPo: “Jennifer Weisselberg was married to Barry Weisselberg — the son of Trump Organization Chief Financial Officer Allen Weisselberg — from 2004 to 2018. She has previously said that she had seven boxes of financial records from both her ex-husband and his father … On Thursday, she loaded three boxes and a laptop computer onto a valet cart and wheeled them from her building to a black Jeep waiting outside.”

ON THE WORLD STAGE — “Biden administration slaps export controls on Chinese firms for aiding PLA weapons development,” WaPo: “All seven are linked to China’s ambition to build the world’s first exascale computer, Commerce Department officials said. An exascale computer — the next frontier in high- performance computing — can handle a million trillion calculations per second.

“That’s the sort of speed necessary to more accurately model the heat and drag on hypersonic vehicles, a field of advanced weapons research in which the Chinese military is already engaged, using its current generation of supercomputers. The move makes good on an effort begun under the Trump administration to add the entities to a Commerce Department trade blacklist known as the ‘Entity List.’ The previous administration ran out of time, leaving the package up to its successor to approve.”

AFTERNOON DOWNER — “Intelligence forecast sees a post-coronavirus world upended by climate change and splintering societies,” WaPo: “On Thursday, the National Intelligence Council, a center in the Office of the Director of National Intelligence that creates strategic forecasts and estimates, often based on material gathered by U.S. spy agencies, released its quadrennial ‘Global Trends’ report.

“Looking over the time horizon, it finds a world unsettled by the coronavirus pandemic, the ravages of climate change — which will propel mass migration — and a widening gap between what people demand from their leaders and what they can actually deliver.”

THE NEW POLITICS — “Politicians dread the sting of #KHive, the fervent online fans of Kamala Harris,” L.A. Times: “Members of KHive, a riff on Beyoncé’s loyal fanbase known as the Beyhive, sometimes use the hashtag #KHive in their social media posts, and many mark their allegiance in their Twitter profiles with yellow hearts and bee emojis. They share videos of Harris stepping off Air Force Two, make offline friendships, and wear socks and hoodies bearing her name and likeness. They organize virtual ‘cooking Sunday’ parties and offer support to other hive members.

“But it’s not all sweetness. Almost any politician, activist or reporter who has questioned Harris has felt the group’s sting. … The KHive is the type of modern political army that politicians increasingly rely on for both support and defense. … KHive members speak in favor of racial and gender equality and LGBTQ inclusion and against what they see as an excessively class-based view held by progressives. But they are not generally advocating for a set of policy briefs.”

STEP INSIDE THE WEST WING: It actually is infrastructure week ... and it will be for a while. What is the administration’s plan to get its top legislative priority through Congress? Add Transition Playbook to your daily reads for details you won't find anywhere else about the state of play of the administration's top priorities and biggest challenges. Track the people, policies and power centers of the Biden administration. Subscribe today.

THE NEXT BATTLEGROUND — “After Georgia, Voting Fight Moves to Texas,” WSJ: “The Texas legislature is advancing a bill that would limit early voting hours, place more restrictions on people who provide assistance voting, control the number of voting machines at each location and allow partisan poll watchers to record video or photos of people voting, among other measures. The Texas State House is expected to begin hearings on the bill soon, which passed the state Senate around 2 a.m. on April 1 in an 18-13 party-line vote. …

“Opponents to the Texas legislation are trying to build on the Georgia experience by pushing major corporations to come out earlier in opposition to the bill. … Many of the bill’s provisions came in response to efforts to expand voter access during the pandemic in Harris County.”

HOW IT’S PLAYING — “Kemp Seizes on Georgia Voting Law to Try to Win Back Trump and His Base,” NYT: “Since signing the bill into law on March 25, Mr. Kemp has done roughly 50 interviews, 14 with Fox News, promoting the new restrictions with messaging that aligns with Mr. Trump’s baseless claims that the election was rigged against him. …

“A political reversal of fortune would represent an unlikely turnaround for Mr. Kemp, making him the most prominent Republican to find a way to overcome Mr. Trump’s campaign of retribution, and perhaps providing an early test of the former president’s ability to impose his will on the party’s electoral future.”

2022 WATCH — “Duncan not expected to run for reelection as Georgia’s No. 2,” Atlanta Journal-Constitution: “Lt. Gov. Geoff Duncan is … instead expected to focus on his ‘GOP 2.0’ initiative to reframe the party in a post-Trump era.”

— “Van Orden launches congressional rematch against Kind,” La Crosse Tribune: “Derrick Van Orden, R-Hager City, announced Thursday he is making a second bid for Wisconsin’s 3rd Congressional District just five months after narrowly losing the seat to longtime incumbent Rep. Ron Kind, D-La Crosse. The former Navy SEAL and Republican has been flagged by the GOP as a key candidate to winning back the House in 2022, and was part of one of the most closely watched races in the state last year.” Launch video

LET’S REVIEW — “Haaland Explores Restoration of Utah Monuments Trump Downsized,” WSJ: “Ranchers, wildcatters, Native Americans and environmentalists are among the many looking to see how Interior Secretary Deb Haaland balances their competing interests over the vast tracts of federal lands she oversees.

“They will be watching closely Thursday, when the Laguna Pueblo tribe member and former New Mexico congresswoman tours two scenic national monuments in southern Utah that were drastically downsized under former President Donald Trump. … The interior secretary’s trip is part of a Biden administration review of Mr. Trump’s action.”

BEHIND THE SCENES — “Inside secret Syria talks aimed at freeing American hostages,” AP: “Last summer, two U.S. officials ventured into hostile territory for a secret high-stakes meeting with American adversaries. … Yet the trip was ultimately fruitless, with the Syrians raising a series of demands that would have fundamentally reshaped Washington’s policy toward Damascus, including the removal of sanctions, the withdrawal of troops from the country and the restoration of normal diplomatic ties.

“Equally as problematic for the American negotiators: Syrian officials offered no meaningful information on the fate and whereabouts of [Austin] Tice and others. ‘Success would have been bringing the Americans home and we never got there,’ Kash Patel, who attended the meeting as a senior White House aide, said in his first public comments about the effort. The White House acknowledged the meeting in October, but said little about it. New details have emerged in interviews The Associated Press conducted in recent weeks.”

MEDIAWATCH — Former Secretary of State Mike Pompeo has signed with Fox News as a contributor.

TRUMP ALUMNI — @samjmintz: “Arjun Garg, a Trump appointee at FTA and FAA who resigned as acting deputy administrator of the aviation agency out of disgust at the riots on Jan 6, has been brought on as a partner at the D.C. law firm Hogan Lovells.”

— Amy Swonger is rejoining Invariant as a principal. She previously was director of legislative affairs in the Trump White House.

TRANSITIONS — Michael Schon is joining Lehotsky Keller as a partner. He previously was chief counsel for energy and environmental litigation at the U.S. Chamber of Commerce. … Lee Morrow is now digital fundraising specialist at Basecamp Strategy. He previously was elections manager at NETWORK Lobby for Catholic Social Justice. … Jones Day has added several recent Supreme Court clerks as associates in its D.C. office: Audrey Beck, Hunter Bruton, Joe Falvey, Mark Jia and Caroline Lindsay.

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