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|  President Joe Biden arrives to speak in the Rose Garden of the White House in Washington, Friday, May 13, 2022. | AP Photo/Andrew Harnik | | | | |  | DRIVING THE DAY | | WHAT’S UP, DOCS? — For President JOE BIDEN, it was an inconvenient discovery — and the potential source of considerable future political, if not legal heartburn. The Justice Department is investigating how and why classified documents from Biden’s time as veep made their way from the White House to a think tank, the Penn Biden Center for Diplomacy and Global Engagement, where he used to have an office. CBS’ Adriana Diaz, Andres Triay and Arden Farhi scooped the news last night, and White House special counsel RICHARD SAUBER confirmed the November discovery and subsequent federal probe, noting in a statement that Biden’s “personal attorneys have cooperated with the Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in the possession of the Archives.” Needless to say, newly empowered Republicans see the circumstances here as a hell of a lot more than inconvenient — seizing on superficial similarities between this discovery and the August search and seizure of more than 100 classified documents from President DONALD TRUMP’s home in Florida. — Incoming House Oversight Chair JAMES COMER (R-Ky.) bolted out of the gate Monday, calling the situation an example of a “two-tier” standard at the Justice Department and musing to reporters at the Capitol about why agents haven’t yet raided Biden’s homes. A letter to the National Archives and potentially a hearing will follow, he said. — Newly minted House Speaker KEVIN McCARTHY called the situation “very concerning” per CBS, saying: “He's had these classified [documents], and what has he said about the other president with classified documents?” He added, according to CNN, “It just shows that they were trying to be political with President Trump.” — And incoming House Judiciary Committee Chair JIM JORDAN (R-Ohio) seized on the timing of the discovery, telling CNN’s Manu Raju: “They knew about this a week before the election. Maybe the American people should have known about it." Now a cursory review of the facts reveals several obvious differences between the circumstances surrounding the Trump case and the documents found in Biden’s old office — starting with the fact that the Biden papers were, according to Sauber’s account, handed over immediately and willingly to the Archives after they were discovered on Nov. 2. Our courts guru Josh Gerstein pointed out some other distinctions worth noting: 1) There’s simply fewer documents at stake, “about 300 in the Trump case versus 'a small number' at the think tank, per Sauber”; 2) a think-tank office is not a personal residence, and it’s “hard to argue you don’t know what’s lying around your house if there’s a lot of it”; and 3) it’s not unusual “for small numbers of emails or documents that are classified to get mixed in with unclassified records.” Whistleblower attorney MARK ZAID, who has handled numerous national security cases, said on Twitter: “This should & will be investigated. This occurs commonly & usually results in administrative rather than criminal action. Trump & team would have fared exactly same way had he not delayed, obstructed & potentially lied abt existence of classified records at MAL. Big difference.” Key questions that will be germane to any potential legal action remain publicly unanswered at the moment — including what exactly was in the documents and whether their removal from the White House to the Biden Center was intentional. The person seeking answers is JOHN LAUSCH, the Trump-appointed U.S. attorney in Chicago, who has been asked by Attorney General MERRICK GARLAND to review the case in order to “avoid any conflict of interest,” per NBC. The political implications are another matter entirely. And in the opening days of the new Republican House, you couldn’t have a more striking reminder of why the majority — and the ability that comes with it to ask questions, drive a narrative and otherwise keep a story in the news — matters. RULES IS RULES — Speaking of which: After the chaos of last week’s speaker derby, House Republicans finally got down to business Monday, passing their 55-page rules package without too much drama: Only one in their ranks, Rep. TONY GONZALES (R-Texas), joined Democrats in opposing the package. Our Sarah Ferris, Olivia Beavers and Katherine Tully-McManus write that the moment “proved [McCarthy] was capable of holding his divided conference together as Republicans worked to adopt a resolution that would govern how the House operates for the next two years.” Provisions in the rules package, they noted, “became key bargaining chips as McCarthy worked to flip his conservative opponents last week.” You’ve already read plenty in Playbook about the one-member motion to vacate, but KTM has an interesting guide to some of the other notable changes, including ending the “Gephardt rule” on the debt limit, bringing back the “Holman rule” on approps and forcing every committee to detail its oversight plans. They also will hamper the Office of Congressional Ethics. More from the Hill … — Another piece of the rules package sets up a committee investigating the pandemic origins and response, as WaPo’s Tony Romm previews. The wide-ranging panel with powerful subpoena power could probe everything from what sparked the coronavirus outbreak to vaccines to school closures. — NBC’s Sahil Kapur scoops that Jordan is expected to helm a new select Judiciary subcommittee to investigate the “weaponization” of federal law enforcement and national security agencies. But our Kyle Cheney, Nick Wu and Jordain Carney report this morning that the panel, aimed at several open DOJ investigations, isn’t likely to get very far: “The Justice Department is certain to fiercely protect its most sensitive investigative files and prosecutors are simply not going to hand over information on open criminal probes, legal experts say.” — McCarthy last night confirmed to AP’s Farnoush Amiri he will proceed with plans to oust Reps. ADAM SCHIFF (D-Calif.) and ERIC SWALWELL (D-Calif.) from the Intel Committee as well as removing Rep. ILHAN OMAR (D-Minn.) from the Foreign Affairs panel. It’s not an unbridled power move, exactly: Swalwell is already due to rotate off of Intel, and Omar’s slot is subject to a House vote. But it’s the kind of hardball that conservatives are seeking from McCarthy — particularly after Democrats stripped Rep. MARJORIE TAYLOR GREENE (R-Ga.) of her committees in 2021. Good Tuesday morning. Thanks for reading Playbook. We sure hope you picked the Dawgs to cover. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
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Set up Family Center today. | | | | | BIDEN’S TUESDAY (all times Eastern):
11:30 a.m.: The president will have a bilateral meeting with Canadian PM JUSTIN TRUDEAU in Mexico City.
12:45 p.m.: Biden, Trudeau and Mexican President ANDRÉS MANUEL LÓPEZ OBRADOR will take a family photo at the National Palace, followed by the 10th North American Leaders’ Summit at 2:30 p.m.
4:45 p.m.: The three leaders will deliver statements.
5:55 p.m.: The Bidens will depart and head home, arriving back at the White House at 10:20 p.m.
VP KAMALA HARRIS’ TUESDAY — The VP has nothing on her public schedule.
THE HOUSE will meet at 9 a.m. THE SENATE is out. | | | | | | A message from Instagram:   | | | | | | | STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today. | | | | | PHOTO OF THE DAY
|  In an aerial view, cars are submerged in floodwater after heavy rain moved through the area on January 09, 2023 in Windsor, California. | Justin Sullivan/Getty Images | | | PLAYBOOK READS | | ALL POLITICS NEW CYCLE, NEW BOSS — The next DCCC executive director will be JULIE MERZ, who most recently was director of member services for House Majority Leader STENY HOYER and head of his leadership PAC, Nick Wu and Ally Mutnick scoop this morning. Merz will work with Chair SUZAN DelBENE (D-Wash.) on retaking the majority in 2024. MIDTERMS FALLOUT — Florida Democratic Party Chair MANNY DIAZ announced his resignation Monday, the Florida Phoenix’s Mitch Perry scooped. Diaz had come under pressure to step down after the party collapsed in the Sunshine State in the midterms. In his resignation letter, Diaz held firm in his belief that Florida hasn’t fully turned red. But he said he’d run into “obstacles to securing the resources and a long standing, systemic and deeply entrenched culture resistant to change.” PAGING RONNA McDANIEL — “Harmeet Dhillon lands endorsements from major GOP donors in bid to unseat McDaniel as RNC chair,” by Fox News’ Bradford Betz: “A group of Republican mega-donors say the party is ‘on the verge of permanent irrelevance’ if it fails to come together and support a change of leadership.” A SEAT AT THE TABLE — “Cherokee tribes turn to K Street to fulfill a 187-year-old promise for a seat in Congress,” by Hailey Fuchs THE WHITE HOUSE POTUS ABROAD — “In Mexico, Biden Looks for Help With Migrants and Stronger Partnership,” by NYT’s Michael Shear and Natalie Kitroeff: “Mr. Biden said that the United States and Mexico ‘have to continue to build and contribute to democratic institutions in the hemisphere.’” With friends like these … As things kicked off in Mexico City, it wasn’t smooth sailing for the North American neighbors: “Mexican President ANDRES MANUEL LÓPEZ OBRADOR challenged U.S. President Joe Biden to end an attitude of ‘abandonment’ and ‘disdain’ for Latin America and the Caribbean,” AP’s Colleen Long reports. “López Obrador challenged Biden to improve life across the region, telling him that ‘you hold the key in your hand.’ … “Biden responded by defending the billions of dollars that the United States spends in foreign aid around the world, saying ‘unfortunately our responsibility just doesn’t end in the Western Hemisphere.’ And he referenced U.S. deaths from fentanyl, a drug that flows over the border from Mexico. While both men pledged to work together, it was a noticeably sharp exchange, on full display before reporters.” CONGRESS PULL UP A CHAIR — The House GOP steering committee tapped Rep. JASON SMITH (R-Mo.) to lead Ways and Means over Reps. VERN BUCHANAN (R-Fla.) and ADRIAN SMITH (R-Neb.), who were more senior, WSJ’s Richard Rubin and Siobhan Hughes report. Though it still has to go before the full conference, Jason Smith is now in line for “a fast rise for the House.” He was seen as the closest McCarthy ally of the three. He also “may provide some departures from a more typical pro-corporate Republican approach to policy.” — Meanwhile Rep. JODEY ARRINGTON (R-Texas) beat out Reps. BUDDY CARTER (R-Ga.) and LLOYD SMUCKER (R-Pa.) for the nod to be House Budget chair, replacing Jason Smith, reports the Washington Examiner’s Juliegrace Brufke. THE NEW MAJORITY — One of the House GOP’s first moves in the majority was to slash funding for the IRS, which passed in an entirely party-line vote, 221-210. The bill will die in the Democratic-controlled Senate, of course, and Biden said he’d veto it. More from The Hill GAETZ OF HEAVEN — After last year’s speaker showdown, Rep. MATT GAETZ (R-Fla.) is the most hated man in Congress, Bloomberg’s Laura Davison and Billy House report. “Gaetz’s fellow Republicans want the Florida lawmaker to know they think he’s a ‘D-lister’ and a ‘narcissist.’ … But Gaetz found what could be a more powerful position in 2023 as a fearless dissident in a chamber with a tight margin controlled by a speaker that desperately needs his vote.” ABORTION STATE OF PLAY — “For new GOP House majority, a focus on abortion messaging,” by Roll Call’s Sandhya Raman: On the legislative menu as the 50th anniversary of Roe v. Wade approaches are “a bill addressing GOP concerns about infants who survive an attempted abortion and a measure condemning attacks on anti-abortion groups and facilities.” BORDER SONG — Several senators visited the U.S.-Mexico border Monday, with KYRSTEN SINEMA (I-Ariz.) leading a bipartisan group in El Paso, Texas, ABC’s Allison Pecorin reports. The group said they would work on immigration reform legislation, but any such effort faces an uphill battle to become law. GREAT SCOTT — “Rick Scott’s no regrets tour,” by Gary Fineout in Tallahassee: “‘I’m going to continue to be no different than I’ve always been,’ Scott said in an interview. … He’s steamrolling into the next election cycle, firmly fixed on his own reelection in 2024 and all but openly daring anyone from either party to challenge him — while not entirely ruling out a possible future run for Senate GOP leader or a White House bid.” JAN. 6 AND ITS AFTERMATH DAILY RUDY — The federal investigation into the efforts to overturn the 2020 election subpoenaed RUDY GIULIANI last year, CNN’s Katelyn Polantz and Sara Murray scooped. DAVID RODY, who’s working with special counsel JACK SMITH, asked Giuliani to hand records regarding payments he got around the election to a federal grand jury. KNOWING FANI WILLIS — The Fulton County, Ga., DA gets a profile from WaPo’s Tom Hamburger, Matthew Brown and Ann Marimow, who write that her approach in the election interference investigation “reflects the nature of a prosecutor who is unafraid to investigate sensitive or seemingly untouchable targets.”
| | | | A message from Instagram:   | | | TRUMP CARDS THE KING OF DEBT SPEAKS — Trump urged congressional Republicans to stand firm and use the upcoming debt ceiling fight as leverage to extract concessions. On Truth Social, he wrote, “WITH THE ‘RIGHT’ NEGOTIATORS, LIKE ALL OF THOSE INVOLVED THE OTHER NIGHT (ON BOTH SIDES!) FOR SPEAKER, IT WILL BE A BEAUTIFUL AND JOYOUS THING FOR THE PEOPLE OF OUR COUNTRY TO WATCH.” HAPPENING TODAY — Former Trump Organization CFO ALLEN WEISSELBERG will be sentenced for tax fraud crimes in court in New York. “He was promised a sentence of five months in jail to be served on Rikers Island and five years’ probation in exchange for his testimony [against the Trump Org], and agreed to repay nearly $2 million in taxes owed,” ABC’s Aaron Katersky reports. POLICY CORNER UP IN FLAMES — The U.S. Consumer Product Safety Commission is considering a possible ban on gas stoves over health concerns, Bloomberg’s Ari Natter scooped. The agency “plans to open public comment on hazards posed by gas stoves later this winter. Besides barring the manufacture or import of gas stoves, options include setting standards on emissions from the appliances.” Reaction from @tedcruz ANTITRUST THE PROCESS — The FTC has launched a preliminary investigation into possible price discrimination by PepsiCo and Coca-Cola using the obscure, mostly dormant Robinson-Patman Act of 1936, Josh Sisco reports: “The new investigation is the latest sign that the Biden administration is expanding its efforts to rein in big companies and flex its antitrust muscles, and not just in the technology world.” HOW IT HAPPENED — “How Congress Finally Cracked Down on a Massive Tax Scam,” by ProPublica’s Peter Elkind: “The recently signed $1.7 trillion spending bill could accomplish what six years of IRS audits and DOJ prosecutions could not: shutting down ‘syndicated conservation easements’ that exploit a charitable tax break meant to preserve open land.” WHERE’S THE BEEF? — “Federal government won’t stop buying food from meatpacker tied to bribery case,” by Marcia Brown JUST POSTED — “What to Know About Biden’s Income-Driven Repayment Proposal,” by NYT’s Tara Siegel Bernard WAR IN UKRAINE THE NEXT TRANCHE — The U.S. is considering including Stryker armored combat vehicles in its next batch of military assistance to Ukraine, Lara Seligman, Lee Hudson and Paul McLeary scooped. Strykers aren’t tanks, but they would provide Ukraine with more armor ahead of an expected Russian spring offensive. The U.S. decision about them isn’t final, with a package announcement expected as soon as next week. AMERICA AND THE WORLD EXPORT-IMPORT BANK — “U.S. Anti-Abortion Activists Are Spreading Clinic Protests Around the World,” by The New Republic’s Jessica Bateman THE PUBLIX OPTION — “Bolsonaro’s new life as a Florida man: Fast food runs and selfies,” by WaPo’s Tim Craig THE PANDEMIC END IN SIGHT — “Biden team preps for end to Covid's public health emergency — after one more extension,” by Adam Cancryn: “Under the current tentative plan, health officials will quietly renew the emergency declaration for another 90 days before its scheduled expiration on Wednesday. That would give the administration until early February to alert states and health industry representatives that it plans to end the designation. The timeline means Covid’s crisis stage could be declared over as early as April.” ROLLING UP THEIR SLEEVES — “COVID-19 vaccines: From nasal drops to a redesign, what 2023 could have in store,” by CBS’ Alexander Tin MEDIAWATCH REMEMBER HER? — “The Woman Set to Take Over Murdoch’s Media Empire,” by The Daily Beast’s Lachlan Cartwright: “The top job in the Murdoch media empire will go to REBEKAH BROOKS, with insiders telling Confider she will take the reins of a remarried News Corp and Fox Corp if and when the much talked-about deal is complete. … Brooks is currently the CEO of News UK and is something of a teflon figure in Murdoch land.” INTERCEPTED — First Look Media is spinning off The Intercept as a nonprofit independent from the parent group, Axios’ Sara Fischer reports. The aim is to “help the outlet more easily secure outside funding to build a more sustainable long-term business model.” First Look is also laying off an undisclosed number of people.
| | | | POLITICO’s exclusive interview with Uber CEO Dara Khosrowshahi will take place on Thursday, January 19 at 1:30 PM EST – live from the Davos mountaintop. Register today to join us online. | | | | | | | PLAYBOOKERS | | Mike Pompeo wrote a blurb for his own book. Dr. Dre has threatened Marjorie Taylor Greene with legal action. One Capitol Hill home is decked out in Congress-related conversation hearts. Carl Paladino says he’s not working for “an asshole like” George Santos. Joseph Arcidiacono won’t be indicted for tossing White Claws at Ted Cruz. IN MEMORIAM — “Lynette Hardaway, Diamond of MAGA-Duo ‘Diamond and Silk,’ Dies,” by Rolling Stone’s Charisma Madarang: “The cause of Hardaway[’s] death is not currently known; reports cite that her age was 51. … Former Democrats Diamond and Silk were among Trump’s biggest supporters and gained notoriety for their political comments on YouTube and features on Fox News’ Fox Nation and Newsmax TV, which aired their show ‘Diamond and Silk Crystal Clear’ on Saturday nights.” — “Edward L. Weidenfeld, ex-Reagan attorney who soared in cannabis industry, dies at 79,” by WaPo’s Michael Rosenwald: “Weidenfeld, a Republican lawyer and general counsel to Ronald Reagan’s 1980 presidential campaign who later became a cannabis entrepreneur and a critic of the war on drugs, including first lady Nancy Reagan’s ‘Just Say No’ campaign, died Dec. 29 … Weidenfeld, who worked in various capacities for six presidents and also had a successful career as an estate lawyer, became interested in cannabis following his diagnosis with Parkinson’s in 2002.” FIRST IN PLAYBOOK — Georgetown University’s Institute of Politics and Public Service is announcing its spring 2023 class of fellows: CNN’s MJ Lee, former Rep. Elaine Luria (D-Va.), Larry Hogan and Paul Ryan alum Michael Ricci, Mike Shields of Convergence Media, Chris Stirewalt of NewsNation and Jonae Wartel of Arc Initiatives. — C. LeRoy Cavazos-Reyna is joining Public Private Strategies as senior adviser. He previously was VP of government and international affairs at the U.S. Hispanic Chamber of Commerce. — Bennett Richardson is now director of policy brand marketing at Google. He previously was with POLITICO since 2013, most recently as president of Protocol. MEDIA MOVE — Dan Gilgoff has been named VP and editor-in-chief of AARP.org. He previously has been executive editor for digital and content at the organization, and is a National Geographic and CNN alum. TRANSITIONS — Jazmine Kemp has been named executive director of the Republican Main Street Caucus. She previously has been deputy chief of staff and comms director for Rep. Dusty Johnson (R-S.D.). … FP1 Strategies has added Dylan Lefler as managing director and Evan Albertson as senior director. Lefler previously was campaign manager for Sen. Ron Johnson’s (R-Wis.) reelect. Albertson previously was campaign manager for Rep. Tony Gonzales’ (R-Texas) reelect. … Jane Horvath is now a partner at Gibson, Dunn & Crutcher. She most recently was chief privacy officer at Apple. … … Joi Chaney is returning to her consulting practice, J.O.I. Strategies. She most recently was executive director of the Washington bureau and SVP for policy and advocacy at the National Urban League. … Thomas Falcigno is now comms director for Rep. Eric Sorensen (D-Ill.). He previously was press secretary and digital director for Rep. Marilyn Strickland (D-Wash.). … Lauren Reddington is joining Leidos as press secretary for the health group. She previously was deputy comms director for Sen. Roy Blunt (R-Mo.). ENGAGED — Krystal Ka’ai, executive director of the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders, and Alex Hetherington, administrative director for Sen. Brian Schatz (D-Hawaii), got engaged over the holidays surrounded by family on Oahu’s North Shore. The couple, both from Hawaii, first met in 2014 while campaigning for the late Rep. Mark Takai. Pic — Maura Haydin, director of operations for Rep. Deborah Ross (D-N.C.), and Hunter Thompson, policy adviser for Sen. Bill Cassidy (R-La.), got engaged on New Year’s Day. Their first date was at Union Pub. Pic… Another pic, with cat Oatie WELCOME TO THE WORLD — David Gray, director of government relations and connected health policy at HIMSS, and Lisa Allen, comms lead at NASA HQ, welcomed Vivian Diana Gray on Jan. 3. She came in at 7 lbs, 12 oz. Pic HAPPY BIRTHDAY: Sen. Chris Van Hollen (D-Md.) … Nick Calio of Airlines for America … Lauren Edmonds … former Sens. Roy Blunt (R-Mo.) and Mark Pryor (D-Ark.) … Beth Fouhy … NBC’s Freddie Tunnard … Jared Kushner … POLITICO’s Maya Parthasarathy, Kristen Miller and Brandon McDonnell … AP’s Robert Burns … Ajit Pai … Michelle Fields … former Reps. Greg Walden (R-Ore.), Bill Shuster (R-Pa.), Lois Capps (D-Calif.) and Peter Meijer (R-Mich.) … Blake Adami … Nat Wienecke … The Spectator’s Freddy Gray … Adam Weissmann … Liesl Hickey … Morgan Finkelstein … Ryan Dierker of Rep. Chuck Edwards’ (R-N.C.) office … Vaughn Ververs … Joseph Petrzelka … The Hill’s Julia Manchester … Samuel Negatu … Liz Chadderdon … Hugh Livengood … David Horowitz … Stacy Hawkins Adams … Blake Hopper Did someone forward this email to you? Sign up here. 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 producers Setota Hailemariam and Bethany Irvine.
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