Hunter, now a fighter

From: POLITICO Playbook - Tuesday Nov 28,2023 11:11 am
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DRIVING THE DAY

BREAKING OVERNIGHT — WSJ: “A Russian court ruled to extend the detention of Wall Street Journal reporter EVAN GERSHKOVICH for a third time since he was taken into custody in March on an allegation of espionage that he, the Journal and the U.S. government vehemently deny. … Tuesday’s ruling lengthens his detention through at least Jan. 30, by which time he will have been held for 10 months.”

JUST POSTED — “My Father, My Faith, and Donald Trump,” by Tim Alberta in The Atlantic: “Here, in our house of worship, people were taunting me about politics as I tried to mourn.”

Hunter Biden speaks on the WHite House South Lawn.

Hunter Biden and his team are now directly taking on his adversaries | Andrew Harnik/AP

HUNTER BECOMES THE HUNTER — A handful of storylines appear destined to dominate the 2024 presidential campaign: DONALD TRUMP’s myriad legal woes, voter doubts about JOE BIDEN’s age, an unsettled economy, a volatile global stage.

And then there’s the saga of HUNTER BIDEN, a soap-opera-slash-legal-procedural that has been running nonstop since 2020 as the president’s son has remained mired in legal and political drama.

Don’t expect him to move out of the spotlight. Not only are Republicans determined to exploit the son’s morass to deflect from Trump’s own courtroom tribulations, but Hunter Biden himself — as Eugene and Betsy Woodruff Swan uncover this morning — is embracing an aggressive new shift in tactics that has split the wider Biden orbit.

The younger Biden is facing a three-front battle: (1) a criminal prosecution, where he is facing federal charges for illegally owning a gun as a user of illegal drugs; (2) a host of civil cases, five to be exact, where he is either defendant or a plaintiff; and (3) a sprawling congressional investigation, which has House Republicans roto-rooting his foreign business deals and trying (so far unsuccessfully) to tie his father to them.

For years, Hunter was essentially told to keep his head down and wait quietly as his lawyers worked to exonerate him. It was a strategy favored by veteran Democrats, and one that he and his allies saw as a failure.

Now, following his September indictment (and another possibly on the horizon), the son and his team have changed gears and are now directly taking on his adversaries with lawsuits and a PR campaign that includes op-eds in big media outlets.

The shift followed a change in lawyers. ABBE LOWELL, his D.C.-based defense lawyer, and L.A.-based attorney and confidant KEVIN MORRIS have instituted a bare-knuckled approach. According to a friend of Hunter’s, Morris has told associates, “We want to go on offense because we know we can win. That’s the whole point.”

The attitude inside Hunter world was that he needed to independently shape his own narrative. They knew the White House wasn’t going to do him any favors — it has aggressively attacked Republican investigative overreach but largely avoided commenting on his legal issues — as the right-wing media ecosystem pumped out a stream of conspiracy theories and personal attacks.

As one friend of Hunter said of Democrats, “Intentionally or not, they’re betting on the political expediency of sacrificing Hunter.”

Since taking matters into his own hands, Hunter Biden has:

  • Threatened to sue Fox News over what they described as TUCKER CARLSON’s false suggestion that Hunter and Joe Biden were involved in a money laundering scheme;
  • Adopted a new and more combative stance in his negotiations with federal prosecutors;
  • Sued RUDY GIULIANI and his former lawyer ROBERT COSTELLO for allegedly hacking into his data and distributing it;
  • Countersued JOHN PAUL MAC ISAAC, the owner of the Delaware computer shop that serviced his laptop and later gave it to Costello;
  • Sued the IRS for allegedly failing to keep his tax information from becoming public; 
  • Sued PATRICK BYRNE, the former CEO of Overstock.com, for defamation after Byrne suggested that he had solicited a bribe from Iran; and
  • Attempted to subpoena Trump, former Attorney General BILL BARR and other top officials in the Trump Justice Department.
 

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The pivot has been swift — and it’s splitting Biden advisers and Democratic Party operatives. Some White House staff are “irritated that he’s being more aggressive, because he is not clearing the tactics and the strategy” with the broader Biden orbit, said one former 2020 campaign aide.

From their POV, counterpunching only serves to highlight the underlying issues, which could backfire on the president. An AP-NORC poll last month found that 68% of Americans believe the president acted either illegally or unethically when it comes to his son’s business dealings.

For others, that’s exactly why the new approach makes sense.

“Look at what it’s done to the president’s reputation,” said a former senior White House aide. “A man once known for his integrity is now –– most people believe –– he’s either corrupt, lying, or was involved in his son’s criminal enterprise. All of which would never be the case if they had been responding to these kinds of smears from the beginning.”

The split, interestingly enough, falls largely on generational lines. Those who came of age as operatives during the Trump years say the “outdated 1990s rationale,” as one person put it, of ignoring attacks lest you amplify them no longer holds water.

“The American public likes to see people fight back,” said JAMAL SIMMONS, a former communications director for Vice President KAMALA HARRIS. “People who fight for themselves tend to get the benefit of the doubt from the public. And I actually think that probably does help the president in the long run.”

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

THE UNDISTINGUISHED GENTLEMAN — “I wrote a movie about a con man elected to Congress. I never imagined anyone could actually pull it off,” by Marty Kaplan for POLITICO Magazine: “The [GEORGE] SANTOS story personifies the Washington racket that led me to turn FRANK CAPRA’s Mr. Smith mythology on its head.”

THE CANADIANS ARE COMING — Ottawa Playbook is bringing its talents to Washington. Our team of hosers from north of the border are calling all Canada-U.S. geeks for a night of Ottawa Playbook Trivia on Dec. 4 at Astro Beer Hall. Doors open at 7 p.m. First question at 7:30. We’ll have a special guest quizmaster: Canadian Ambassador KIRSTEN HILLMAN. Space is limited. RSVP here

 

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WHAT'S HAPPENING TODAY

On the Hill

The Senate is in. The Finance Committee will vote on MARTIN O’MALLEY’s nomination for Social Security commissioner at 10 a.m. The Judiciary Committee will hold a hearing on the gun violence epidemic at 10 a.m.

The House will meet at noon and at 2 p.m. will take up various bills, including legislation calling on Hamas to immediately release hostages and a resolution reaffirming the state of Israel. The Rules Committee will meet at 4 p.m. to take up several bills, including legislation that would permanently freeze the $6 billion of funds released to Iran as part of last month’s hostage deal.

3 things to watch …

  1. Hopes for a sprawling foreign aid package in support of Israel and Ukraine depend on high-stakes Senate border security talks — and so far, the vibes aren’t half bad. Sen. THOM TILLIS (R-N.C.), one of six senators in the gang hashing out the issue, told Burgess Everett yesterday that the group made “good progress” on asylum reform but remains split “over how to address the parole system used by some people seeking to get into the United States.” Hopes remain alive for a handshake deal by week’s end.
  2. The timing of a Santos expulsion vote remains in flux, but it sure seems like it’s going to happen at some point this week: The New York Republican insisted last night he would not resign, and multiple members stand ready to call the question once the House comes in later today. On the bright side for Santos, a few of his hard-right colleagues say they’ll stick with him, including Reps. MARJORIE TAYLOR GREENE (R-Ga.) and CLAY HIGGINS (R-La.).
  3. Speaker MIKE JOHNSON will swear in Rep.-elect CELESTE MALOY (R-Utah) this evening, at least temporarily bringing the House back to 435 members. The successor to and former staffer for retired Rep. CHRIS STEWART will also become the first woman to serve in the Utah delegation since GOP Rep. MIA LOVE lost her reelection bid in 2018.

At the White House

Biden and first lady JILL BIDEN will travel to Atlanta this morning to attend a tribute service for ROSALYNN CARTER. Harris and second gentleman DOUG EMHOFF will also attend. Later, Biden will travel to Denver for an evening campaign event.

 

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PLAYBOOK READS

AMERICA AND THE WORLD

Israeli tanks are parked at an army staging area.

Israeli tanks are parked at an army staging area near Israel's border with Gaza, southern Israel, Monday, Nov. 27. | AP

LATEST IN THE MIDDLE EAST — The truce between Israel and Hamas appears to be holding into its fifth day, Reuters’ Nidal Al-Mughrabi and Dan Williams report from Cairo and Jerusalem, raising hopes that the pause could be further extended past tomorrow. “But with fewer women and children left in captivity, keeping the guns quiet beyond Wednesday could require negotiating to free at least some Israeli men for the first time,” they write.

Coming attraction: Secretary of State ANTONY BLINKEN will travel to Israel to meet with Israeli and Palestinian officials, Axios’ Barak Ravid scoops: “This will be Blinken's fourth trip to Israel since the Hamas terrorist attack on Oct. 7.” Per AP this morning, U.S. officials have already warned Israel that it must avoid “significant further displacement” of Palestinians in southern Gaza if it renews its military campaign.

More gripping stories: “Thin rations, heavy bombing: Israel's hostages start sharing their stories,” by WaPo’s Louisa Loveluck and Lior Soroka

Hill latest: Senate Foreign Relations Chair BEN CARDIN (D-Md.) told reporters yesterday he does not support placing conditions on U.S. aid to Israel, Anthony Andragna reports, breaking with more progressive Democrats. Separately, a group of Senate Democrats met with Israel Defense Force officials for what Sen. BRIAN SCHATZ (D-Hawaii) called an “extremely frank” discussion about the war’s conduct, per NBC’s Frank Thorp V and Megan Lebowitz.

2024 WATCH

GOP presidential hopeful Nikki Haley speaks.

Nikki Haley speaks during a campaign event on Monday in Bluffton, S.C. | Meg Kinnard/AP

HALEY'S COMET — Former South Carolina Gov. NIKKI HALEY’s return to her home state last night was billed as a “town hall” but instead “exploded into a full-blown rally” that was so packed, eventgoers had to be turned away at the door, Natalie Allison reports from Bluffton, S.C. The South Carolina campaign event marked “a triumphant return for the former governor” who is surging against her chief rival, Florida Gov. RON DeSANTIS, but remains far behind Trump in early-state polling.

“Inside — and outside — the packed campus recreation center … many in the crowd made it clear they were never considering supporting Trump in the primary, suggesting Haley’s support is not necessarily denting his,” Natalie writes.

Haley’s packed event comes as big money Republican donors continue to align themselves with her campaign. Joining the ranks may be Home Depot co-founder and billionaire KEN LANGONE, who plans to meet Haley next week in New York, CNBC’s Brian Schwartz scoops.

More top reads: 

  • Amid ongoing tensions with his main super PAC, Never Back Down, DeSantis met yesterday with potential GOP donors to a new PAC, Fight Right, WaPo’s Amy B. Wang and Hannah Knowles report: “In a memo Monday, DeSantis campaign manager JAMES UTHMEIER said the campaign would welcome the efforts of Fight Right,” which plans to focus exclusively on TV advertising.
 

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TRUMP CARDS

Then-President Donald Trump with his coat on as he returns to the Oval Office on Jan. 6, 2021.

The D.C. Circuit Court of Appeals has yet to decide whether Donald Trump could be sued over his speech before an angry crowd ahead of the Jan. 6, 2021 attack on the Capitol. | AP

JAN. 6 LATEST — The D.C. Circuit heard oral arguments nearly a year ago on a key question about Trump's immunity from three civil lawsuits stemming from the Jan. 6 insurrection. But the court has yet to decide the case, which could have major impacts on the former president’s other criminal cases, Kyle Cheney and Josh Gerstein report.

“Whatever the higher courts say about the scope of presidential immunity in the civil context will set an important precedent for the trial judges who will soon need to resolve Trump’s efforts to toss out his criminal charges on immunity grounds,” they write. “The panel’s ruling will likely be a significant milestone in the decades-long constitutional debate about presidential immunity” — and it’s all but certain to be appealed to the Supreme Court.

Meanwhile … Former VP MIKE PENCE provided harrowing details about Trump’s behavior inm the aftermath of the 2020 election to special counsel JACK SMITH's team earlier this year, ABC News’ Katherine Faulders, Mike Levine and Alexander Mallin scoop this morning. Trump surrounded himself with "crazy" lawyers, espoused "un-American" legal theories, and nearly pushed the country into a "constitutional crisis,” Pence said.

More top reads: 

  • In the Georgia case … In a new filing yesterday seeking a quicker trial, former Trump lawyer JOHN EASTMAN took a dig at the ex-president, NBC News’ Zoë Richards reports: “Eastman attorney WILMER PARKER III said that the final plea date should be set earlier in the year ‘so that Defendants who do not have lifetime United States Secret Service protection and who are not running for election to an office can exercise and have their right to a jury trial completed within 2024.’” 
  • And in New York … Trump plans to testify again next month in his New York civil fraud trial, his lawyers said yesterday, AP’s Jennifer Peltz reports. Under direct examination from his own lawyers, “they can ask about a wider range of subjects than they could during cross-examination before.”

CONGRESS

ON THE MONEY — With the political arm of the House GOP steeped in chaos following former Speaker KEVIN McCARTHY's chaotic ouster, Senate Republicans are utilizing the House’s lagging fundraising to pitch themselves to donors as “the best possible investment” ahead of 2025, Ursula Perano, Ally Mutnick and Sally Goldenberg report this morning: “Compared to the Republican presidential primary and the House GOP, Republican senators look like the capable adults in the room, and they know it.”

By the numbers: “There is already some indication that the GOP strategy is working. Senate Leadership Fund and its sister organizations, all of which are allied with [Senate Minority Leader MITCH] McCONNELL, are on track to surpass the $400 million they raised in the 2022 cycle.”

THE SANTOS SAGA — While Santos might be booted from the House later this week, the New York Republican may still be able to enjoy various exclusive perks available to former members, Business Insider's Bryan Metzger reports: “Those privileges — which would also apply if he resigned — typically include the ability to walk onto the House floor, use lawmakers-only facilities, and even purchase (and perhaps auction off) their own office furniture.”

UGLY STUFF — Rep. DAVID VALADAO (R-Calif.) posted on X last night that his district office in Hanford, Calif., “was vandalized by anti-Israel protesters.” The post included a photo of Valadao’s office doors covered in what appears to be paint and flyers. He is the latest in a series of members to report attacks on their office tied to their views on the Israel-Hamas conflict.

MORE POLITICS

DRAWING THE LINES — “New Mexico Supreme Court upholds Democratic-drawn congressional map,” by AP’s Morgan Lee: “All five justices signed a shortly worded order to affirm a lower court decision that the redistricting plan enacted by Democratic state lawmakers in 2021 succeeded in substantially diluting votes of their political opponents — but that the changes fell short of ‘egregious’ gerrymandering … The district is one of about a dozen in the national spotlight as Republicans campaign to keep their slim U.S. House majority in 2024.”

THE WHITE HOUSE

BYE, DUBAI — “Biden’s Absence at Climate Summit Highlights His Fossil Fuel Conundrum,” by NYT’s Jim Tankersley and Lisa Friedman: “At home, Mr. Biden’s climate and energy policies are crashing against competing political pressures.”

FOR THE RECORD — “Biden says he's helped lower inflation as he hosts first meeting of his new supply chain council,” by AP’s Josh Boak

POLICY CORNER

GUNS IN AMERICA — “Americans are buying guns — but maybe not the Americans you think,” by WaPo’s Philip Bump

 

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PLAYBOOKERS

John Cornyn is sporting a new look.

Tim Kaine’s Thanksgiving favorite could use a little seasoning, seems like.

Javier Milei had lunch with Bill Clinton and Chris Dodd yesterday in NYC and will meet with Jake Sullivan today at the White House.

John Hickenlooper is branching out beyond tree-hugging.

BOOK CLUB — Chris Christie’s “Republican Rescue” is being released today in paperback ($18.99) with a new foreword reflecting on the past two years, Trump’s return to GOP dominance and his decision to run again for president. Read the foreword

FIRST IN PLAYBOOK — Tanushri Shankar is now chief of staff for Moms Demand Action for Gun Sense in America. She most recently was deputy chief of staff to Rep. Alexandria Ocasio-Cortez (D-N.Y.) and is an Everytown for Gun Safety alum.

Cameron Gambini is joining the American Conservation Coalition as VP of grassroots strategy. He previously was on the Philanthropy Roundtable’s external affairs team.

Ford’s D.C. government affairs team is adding Deanne Millison as senior director, Elizabeth Kosobucki as director for trade policy strategy and Alec Rogers as director of government affairs, tax and finance policy. Millison previously was chief economic adviser for VP Kamala Harris. Kosobucki previously was director for Europe in the Office of the USTR. Rogers previously was senior director for government affairs, tax policy and government procurement at Xerox Corporation.

Samantha Paisley is now national press secretary at the Democratic Legislative Campaign Committee. She most recently worked as a comms specialist at New Deal Strategies and is a Jeanne Shaheen alum.

WHITE HOUSE ARRIVAL LOUNGE — Sophia Sokolowski is now senior adviser to the intergovernmental affairs office in the White House. She most recently was director of intergovernmental affairs for the Office of the USTR.

TRANSITIONS — Dylan Sodaro is now chief of staff and Matt Rauschenbach is now press secretary for Rep. Gabe Amo (D-R.I.). Sodaro most recently was deputy chief of staff and legislative director for Rep. Bill Pascrell (D-N.J.), and Rauschenbach most recently was comms director for Amo’s campaign.

ENGAGED — Evan Gargiulo, an IT consultant and project manager at CoorWorks, Inc., and Kristina Baum, assistant director of strategic comms at the American Veterinary Medical Association and a Trump OSTP alum, got engaged on Saturday. Gargiulo proposed over a homemade candlelight dinner at Baum’s home. The couple met on Bumble. Pic

— Natalie Boyse, global program manager for Observer Research Foundation America and a Trump administration and Romney campaign alum, and Whitcomb Johnson, a freelance producer, recently got engaged. Johnson proposed in their apartment after a long walk on the mall, the site of their first date. The couple met in 2021 at a graduation dinner for Johnson’s brother at the Bombay Club. Pic

BIRTHWEEK (was yesterday): Steve Bannon

HAPPY BIRTHDAY: National security adviser Jake Sullivan … Sen. Michael Bennet (D-Colo.) … POLITICO’s Jonathan Lemire and Cally BauteJudd DeereSean Rankin of the Democratic Attorneys General Association … Stephen Jordan ... CBS’ Susan Spencer … CNN’s Tim Skoczek … WaPo’s Matea GoldMichael Sargeant ... Bryan Corbett of the Managed Funds Association … Ryan HedgepethAnna Weinstein of Green Mountain Strategies … Livent’s Harris Walker … FTI Consulting’s Chris Tucker and Mickeala CarterMandy GunasekaraAshley Baker of the Committee for Justice … former Reps. Max Rose (D-N.Y.) and Chris Jacobs (R-N.Y.) … former Sen. Gary Hart (D-Colo.) … former DHS Secretary Michael Chertoff (7-0) … former VA Secretary Eric Shinseki ... Lindsay BiscardiTaylor KeeneyDanielle OkaiShawn Balcomb of the American Association of Port Authorities … Lesley Lopez

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