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Presented by Invest in Our Land: The unofficial guide to official Washington. | | | | |  | | By Rachael Bade, Eugene Daniels and Ryan Lizza | | | With help from Eli Okun, Garrett Ross and Bethany Irvine
| | | |  | DRIVING THE DAY | | | MIND THE GAP — “It’s Equal Pay Day — and even the White House has a gender pay gap,” by The 19th’s Chabeli Carrazana: “The disparity in [President JOE] BIDEN’s White House is slightly smaller than it was in [former President DONALD] TRUMP’s, but women still earn less. The biggest difference, though is in their policies.”
|  In today's House Judiciary hearing, Special Counsel Robert Hur plans to address the elephant in the room head-on: his criticism of Joe Biden’s memory. | Steve Ruark/AP Photo | SCOOP: HUR GETS DEFENSIVE — Special counsel ROBERT HUR wants you to take away just one thing from this morning’s high-profile House Judiciary Committee hearing about his investigation of Joe Biden: He was just doing his job. That’s the clear theme that emerges from a draft of the rather defensive opening statement that Hur plans to deliver later this morning, a copy of which a well-placed Hill source passed to us late last night. Read Hur’s prepared testimony Hur plans to address the elephant in the room head-on: his criticism of Biden’s memory, which Democrats have blasted as gratuitous partisan freelancing that had no business in a Justice Department report exonerating the president. Not so, Hur will argue: “I understood that my explanation about this case had to include rigorous, detailed, and thorough analysis. In other words, I needed to show my work,” he will say. “I knew that for my decision to be credible, I could not simply announce that I recommended no criminal charges and leave it at that. I needed to explain why.” Hur is set to open with his family’s own American Dream story, detailing how his parents fled Korea to settle in the U.S. He’ll talk about his work as a civil servant of 15 years and argue that “no matter the role, no matter the administration, I have applied the same standards and the same impartiality.” But Hur will waste little time explaining his decision to call Biden’s memory into question. His job was to determine whether Biden had “willfully” retained or disclosed classified information, he notes, and “I could not make that determination without assessing the President’s state of mind.” “For that reason, I had to consider the President’s memory and overall mental state, and how a jury likely would perceive his memory and mental state in a criminal trial,” he’ll say. And “because these issues were important to my ultimate decision, I had to include a discussion of them in my report.” “I did not sanitize my explanation. Nor did I disparage the President unfairly,” he will add. “I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do.” SO WHAT WILL DEMS DO? As our colleague Ankush Khardori notes in a column up this morning, “Democrats have a choice to make during the hearing: Do they resurrect the hyperventilating onslaught against Hur to his face — which he will now be able to respond to — or do they try to take the temperature down and perhaps try to show the public that they aren’t secretly worried about their own nominee’s fitness for a second term? To be sure, many Dems are still smarting over the report, in which Hur alleges that Biden forgot the year his son BEAU BIDEN died and likened POTUS to a “sympathetic, well-meaning elderly man with a poor memory.” Those findings went public as poll after poll identified Biden’s age as a top issue for voters. But as Ankush notes, Hur is an inopportune boogeyman for Democrats. He was confirmed on a voice vote to serve as U.S. Attorney in Maryland in 2018 and drew bipartisan praise for his handling of public corruption cases and violent crime. His testimony also does something important for Democrats: It makes clear Trump’s handling of classified documents is in a whole different category from Biden’s. Democrats may want to be civil for another reason, Ankush notes: Hur could make things worse for Biden if he wants to. While the media has focused on his mental acuity comments, less attention has been paid to Hur’s apparent suspicion that Biden may have been untruthful. Hur, for example, called some of Biden’s explanations “not credible” while adding that he “cannot prove” any statements were false. We’re told Judiciary Democrats are likely to heed this advice. Sure, there are some fire-breathing gadflies — Rep. STEVE COHEN (D-Tenn.), we’re looking at you! — who might snarkily grill Hur about his medical qualifications. But the general plan is to try to keep things on level today. The reasons are twofold: (1) Some think Biden’s State of the Union address last week put concerns about his age to bed, and even if that might be a bit, er, optimistic, (2) getting into a pissing match with Hur threatens to elevate the age concerns even more. Instead, expect Dems to emphasize one major point over and over: Biden was exonerated. Trump was not. Biden cooperated with law enforcement. Trump did not. End of story. Republicans have their own careful balance to strike today. While many are salivating over the opportunity to cast Biden as mentally unfit for the presidency, they also have accused the Justice Department of “weaponizing” probes against Trump while letting Biden off the hook. It will be tricky, to put it mildly, to both attack Hur for his choice while also amplifying his comments on Biden’s memory. In any case, Hur warns in his opening statement that he won’t have much to add beyond his report: “My responses today will be limited to clarifying information for the committee. I will refrain from speculating or commenting on areas outside the scope of the investigation.” Good Tuesday morning. Thanks for reading Playbook. Drop us a line: Rachael Bade, Eugene Daniels, Ryan Lizza.
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Protect Conservation Funding. | | | TIKTOK ON THE CLOCK — The battle over TikTok — the viral-video platform that many lawmakers are hoping to wrest away from Chinese control — is turning into a tale of two chambers. In the House … It looks all but certain this morning that a bill that would force a sale or ban of the popular app will pass tomorrow on suspension of the rules — meaning more than two-thirds of lawmakers are expected to support it. That is, miraculously, in spite of Donald Trump’s 11th-hour effort to kill the bill, arguing that it would only benefit his nemeses at other social media networks (specifically naming MARK ZUCKERBERG’s Facebook), not to mention TikTok’s own lobbying blitz, which has included flooding member phone lines with angry users (many of them too young to vote). The counter-blitz has been impressive. Since last week’s 50-0 Energy and Commerce Committee vote, the bipartisan natsec-minded team behind the bill has moved quickly to keep up the momentum. Yesterday, Heritage Action and Americans for Prosperity came out for the bill to stanch the bleeding on the right, while FBI, DOJ and ODNI officials are set to brief lawmakers today on the dangers of the app. Republicans, meanwhile, are privately smarting at Trump’s last-minute foray into an issue many consider a political no-brainer, and several Hill allies have personally reached out to Trump to try to soften his opposition. “JEFF YASS and KELLYANNE [CONWAY] got to him — that’s no spin,” said one senior GOP aide who’s close with the Trump team, referring to the former president’s recent meeting with billionaire TikTok investor and Conway’s calls to lawmakers supporting TikTok. “It doesn’t matter. This thing will pass by 300-plus votes.” But in the Senate … The momentum appears likely to stall on the other side of the building. Despite his relish for all things tough-on-China, Senate Majority Leader CHUCK SCHUMER appears poised to take his sweet time advancing the bill — if it advances at all. “I’ve got to talk to my committee chairs,” Schumer told reporters Monday. Turns out our colleagues on the Congress team already have — and it doesn’t look good: Senate Commerce Chairwoman MARIA CANTWELL (D-Wash.) is eyeing a different bill that allows the Commerce Department to regulate not only TikTok but other foreign apps without banning them fully. “That one,” she said of the House bill, “I don't think will make it all the way through.” Said Sen. TODD YOUNG (R-Ind.), not exactly a China dove or Trump fanboy, “Rather than naming specific companies … we should instead articulate what functionality is of concern, what countries or entities are of greatest concern.” With such a dramatic split screen, we’re going to be watching closely today if the House can keep its resolve. We’re picking up plenty of anxiety behind the scenes about the uncertain political fallout from any move against TikTok. Many Republicans aren’t sure what to make of going against Trump on this one, and lawmakers of all stripes are wary of a fierce backlash from the millions of voters who use the app. Some Democrats are privately musing whether Biden, who has promised to sign an anti-TikTok bill, is walking into political buzzsaw given Trump’s pivot. Others insist any blame will be shared with the GOP: “Everyone is going to have the wrath of the electorate,” one such person said. This much we know: Thirty-some hours is plenty of time for the winds to change on Capitol Hill, and with Trump and the Senate balking, don’t be surprised if some House members today suddenly feel a big chill. Related reads: “The Chinese government is using TikTok to meddle in elections, ODNI says,” by Mallory Culhane … “Angry TikTok users are still flooding Congress with calls,” by Rebecca Kern and Brendan Bordelon … “Trump’s TikTok reversal suggests his China policy is for sale,” by WaPo’s Josh Rogin HAPPENING TOMORROW — POLITICO’s annual Health Care Summit convenes on Wednesday at the Waldorf Astoria in Washington, where we expect lots of news on everything from the fentanyl crisis to the war in Gaza, abortion, drug prices and even the Ozempic craze. Eugene will sit down with the White House’s NEERA TANDEN and Ryan will interview KELLYANNE CONWAY. Other interviews include HHS Secretary XAVIER BECERRA, Sen. JOE MANCHIN (D-W.Va.), USAID Administrator SAMANTHA POWER, Reps. LARRY BUCHSON (R-Ind.), BRAD WENSTRUP (R-Ohio) and ROBIN KELLY (D-Ill.) and more. Click here for more details and RSVP
| | | | A message from Invest in Our Land:   Protect Conservation Funding. | | | | | WHAT'S HAPPENING TODAY | | On the Hill The Senate will meet at 10:30 a.m. to take up the first of several judicial nominations. In the afternoon, they will vote on the confirmation of SEAN PATRICK MALONEY to be U.S. representative to the Organization for Economic Cooperation and Development. OMB Director SHALANDA YOUNG will testify before the Budget Committee at 10:15 a.m. The House will meet at 10 a.m. DNI AVRIL HAINES, CIA Director WILLIAM BURNS and FBI Director CHRISTOPHER WRAY will testify before the Intelligence Committee at 10 a.m. 3 things to watch …
- Alabama legislators insist they’ve fixed their IVF problem, but congressional Democrats aren’t letting the issue slip away. Sen. PATTY MURRAY (D-Wash.) this week will attempt to pass a bill guaranteeing veteran IVF benefits by unanimous consent, Ben Leonard reports. Meanwhile, Daniella Diaz reports in Inside Congress, Democrats are pouncing on the House GOP’s decision to invite two anti-abortion activists who wanted the Alabama IVF fix vetoed to their policy retreat later this week.
- Members of Congress haven’t seen a pay raise since 2009, with lawmakers routinely opting out of statutory cost-of-living increases that have in some cases cost members hundreds of thousands of dollars in earnings. Now a group of current and former members is suing for that money, Katherine Tully-McManus reports, asserting that the 27th Amendment makes the annual COLA opt-outs unconstitutional.
- Congress’ foray into the rapidly changing world of college sports continues today with a Sen. TED CRUZ-hosted roundtable centered on name, image and likeness (NIL) rights for student-athletes. Cruz (R-Texas) has a draft bill that he says would “provide legal certainty” and “nationwide legal uniformity,” and he’s invited former Alabama football coach NICK SABAN, Atlantic Coast Conference Commissioner JIM PHILLIPS and several student-athletes to discuss it. Watch online at 10 a.m.
At the White House Biden will receive the President’s Daily Brief in the morning. In the afternoon, Biden will meet with Teamsters members at their HQ. Later, the president will hold a bilateral meeting with Polish President ANDRZEJ DUDA and PM DONALD TUSK. Press secretary KARINE JEAN-PIERRE and national security adviser JAKE SULLIVAN will brief at 1:30 p.m. VP KAMALA HARRIS will travel from San Francisco to Denver for a campaign event in the afternoon before returning to D.C. tonight.
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If Israel invades Rafah, President Joe Biden will consider conditioning military aid to Israel. | Evan Vucci/AP Photo | AIRING CONDITIONING — Biden will consider conditioning military aid to Israel if the country moves forward with a large-scale invasion of Rafah, our colleagues Alexander Ward and Jonathan Lemire report. “Biden’s openness to taking this step reflects the extreme strains in his relationship with Israeli Prime Minister BENJAMIN NETANYAHU, who has rejected subtler efforts by the Biden administration to rein in his conduct of the war with Hamas. “While Biden has not made any decision on limiting future weapons transfers, officials said that he very well might do so if Israel launches a new operation that further imperils Palestinian civilians.” Asked about Biden’s willingness to tie aid to future Israeli actions, White House deputy press secretary OLIVIA DALTON said “he thinks that there are other approaches which we have taken and are taking that are more effective.” Related reads: “Netanyahu’s Coalition ‘May Be in Jeopardy,’ Intelligence Report Says,” by NYT’s Julian Barnes … “Burns says cease-fire is needed to help starving children in Gaza,” by Erin Banco and Maggie Miller … “Gaza war may stoke ‘generational’ terrorism threat, top intel official says,” by WaPo’s Shane Harris, Abigail Hauslohner and Ellen Nakashima More top reads:
- LORETTA LYNCH’s recent work for a Chinese drone company is raising hackles among transparency advocates who say the current disclosure parameters are too lax, Reuters’ Michael Martina reports.
2024 WATCH
|  Former Donald Trump advisers are worried that their former boss’ praise for despots is risking his position on the campaign trail. | Chip Somodevilla/Getty Images | | TOUGH GUY TALK — Former Trump advisers are worried that their former boss’ praise for despots, both current and former, is risking his position on the campaign trail and proving that he is unfit to return to the Oval Office, CNN’s Jim Sciutto reports in a new look at his forthcoming book, “The Return of Great Powers” ($30). “Hungarian strongman VIKTOR ORBÁN is ‘fantastic,’ Chinese leader XI JINPING is ‘brilliant,’ North Korea’s KIM JONG UN is ‘an OK guy,’ and, most alarmingly, he allegedly said ADOLF HITLER ‘did some good things,’ a worldview that would reverse decades-old US foreign policy in a second term should he win November’s presidential election,” Sciutto writes. In a statement to Playbook, Biden-Harris campaign is going on the offense against Trump's comments. Campaign spox SARAFINA CHITIKA said: “I think we speak for the VAST majority of human beings on planet Earth when we say that Adolf Hitler did not — in fact – do ‘good things.’" More top reads:
- The Biden campaign was quick to respond to Trump’s comments threatening to cut Social Security, Medicare and Medicaid, rolling out an ad attacking the former president’s comments just hours after he made them on CNBC. More from CNBC’s Brian Schwartz … Watch the spot
- Biden was back in New Hampshire yesterday for the first time in years and the first trip since stripping the Granite State of its status as first-in-the-nation on the primary calendar. And for the most part, Democrats there played nice with the president, Lisa Kashinsky reports from Goffstown.
- The “uncommitted” movement gained steam last week, drawing 19% in Minnesota and 29% in Hawaii. But the effort is running out of opportunities, Steve Shepard writes, with today’s Washington primary likely “the last strong chance for voters to signal their opposition to Biden’s policies in the Middle East.”
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|  RNC Chair Michael Whatley and Co-Chair Lara Trump greet attendees at the general session of the Republican National Committee Spring Meeting, March 8. | Michael Wyke/AP Photo | RESETTING THE RNC — Trump’s new team at the RNC began the process of pushing out dozens of officials yesterday, Alex Isenstadt reports. “All told, the expectation is that more than 60 RNC staffers who work across the political, communications and data departments will be let go.” “The overhaul is aimed at cutting, what one of the people described as, ‘bureaucracy’ at the RNC. But the move also underscores the swiftness with which Trump’s operation is moving to take over the Republican Party’s operations after the former president all but clinched the party’s presidential nomination last week.” The timing of the layoffs “came as a surprise to some staffers,” the National Review’s Audrey Fahlberg reports, “many of whom saw the mass firings coming but did not expect them to occur so quickly. … Staffers were told by their bosses over the weekend to come in at 8 a.m. Monday.” More top reads:‘
- FIRST IN PLAYBOOK: Brady PAC is rolling out six new endorsements for Democratic candidates in districts held by Republicans who have committed to supporting common-sense gun safety legislation, including universal background checks and safe storage of firearms. The endorsees: KIRSTEN ENGEL (AZ-6), GEORGE WHITESIDES (CA-27), WILL ROLLINS (CA-41), LAURA GILLEN (NY-4), JOSH RILEY (NY-19) and MISSY COTTER SMASAL (VA-2).
- NY Mag’s Gabriel Debenedetti goes deep this morning on Illinois Gov. J.B. PRITZKER and his campaign centered around identifying on-the-ground organizers advocating for abortion protections out west. The hope is to drive turnout in states like Nevada and Arizona — and potentially Florida and Montana, where Pritzker’s operation is considering expanding.
CONGRESS THE POST-MITCH SENATE — Sen. SHELLEY MOORE CAPITO (R-W.Va.) is making a move for a promotion to become Senate Republican Policy Committee chair now that current chair JONI ERNST (R-Iowa) is running for conference chair, Burgess Everett reports. ROGERS THAT — Rep. MIKE ROGERS received the all-important Trump endorsement in the Michigan Senate race, giving the former Trump critic a powerful weapon in the crowded GOP primary. More from The Detroit News … Read Trump’s endorsement on Truth Social NEW JAN. 6 DETAILS EMERGE — “House GOP report details testimony that contradicted key Jan. 6 witness,” by WaPo’s Jacqueline Alemany: “The agent who drove Trump and [Secret Service lead BOBBY] ENGEL to and from the speech disputed [former aide CASSIDY] HUTCHINSON’s testimony, saying … ‘[President Trump] never grabbed the steering wheel.’” Related read: “House Republicans offer initial analysis of Jan. 6 select panel’s work,” by Anthony Adragna and Kyle Cheney THE WHITE HOUSE ADVANCE ON NOTICE — The White House advance team is so toxic that current and former staffers are voicing serious concerns about the direction of the office, Lauren Egan and Daniel Lippman report. “The culture within the office has gotten so bad that the White House Counsel’s Office opened an investigation, according to three people who were contacted last fall by the office for interviews.” BEYOND THE BELTWAY THE NEW BIG FIGHT — Anti-abortion groups are turning their ire toward Republicans who support bills to protect IVF, effectively accusing them of sanctioning murder. Beyond Alabama, there are varying degrees of tension to outright hostility on the issue, our colleague Megan Messerly and Alice Miranda Ollstein report. “Several have attacked state and federal lawmakers — who introduced legislation to protect IVF after the Alabama Supreme Court ruled last month that frozen embryos are children — for giving doctors a ‘license to kill’ and said legislators’ efforts would result in ‘thousands of dead human beings.’ Other groups are going further, running ads against longstanding GOP allies that use the same graphic imagery — blood, babies and scalpels — they have long deployed to oppose Democrats and the abortion-rights movement.”
| | | | CONGRESS OVERDRIVE: Since day one, POLITICO has been laser-focused on Capitol Hill, serving up the juiciest Congress coverage. Now, we’re upping our game to ensure you’re up to speed and in the know on every tasty morsel and newsy nugget from inside the Capitol Dome, around the clock. Wake up, read Playbook AM, get up to speed at midday with our Playbook PM halftime report, and fuel your nightly conversations with Inside Congress in the evening. Plus, never miss a beat with buzzy, real-time updates throughout the day via our Inside Congress Live feature. Learn more and subscribe here. | | | | | | | PLAYBOOKERS | | Rashida Tlaib shared the sad news of her grandmother’s death. Brian Butler described what he learned at Mar-a-Lago as “Trump Employee 5.” Brandon Herrera is making an enemy of Donald Trump and mocking Barron Trump as he primaries Tony Gonzales. Laphonza Butler has no regrets about not running for a full terms. Kristi Noem has just the cosmetic dentist for you. IN MEMORIAM — “Iconic LGBTQ and AIDS activist David Mixner dies at 77,” by the Washington Blade’s Brody Levesque: “David Benjamin Mixner, 77, was a longtime formidable presence in both Democratic progressive political circles and within his beloved LGBTQ community. In a Facebook post on his personal page late Monday a simple statement read: ‘It is with a heavy heart that I share the news of David’s passing today.’” OUT AND ABOUT — SPOTTED at a reception for Fauda yesterday evening at the Capitol Visitor Center, where Sen. Lindsey Graham (R-S.C.) and Rep. Kathy Manning (D-N.C.) delivered remarks, with a dinner at Cafe Milano afterward: Christopher and Jennifer Isham, Esin Erkan, Alex Katz, Aaron Lobel, Jessica Dean, Yitz and Hilda Applbaum, Garvin Brown IV, Steffanie Diamond Brown, Lior Raz, Avi Issacharoff, Barak Ravid, Adi Prizan-Ravid, Emily Hamilton, Norm Coleman, Andreas Michaelis, Heike Michaelis, Alan Fleischmann, Dafna Tapiero, Stewart and Jenny Verdery, Dror Abda, Merav Abda, James Jeffrey, Stacey Winston Levitan, Amos Hochstein, Rae Ringel, Josh Kraushaar, Frank Luntz, Esin Erkan and Aaron Lobel. FIRST IN PLAYBOOK — Kate DiLello and Elice Rojas-Cruz are joining Climate Power. DiLello will be managing director of development and previously was senior director of development at the Hub Project. Rojas-Cruz will be managing director of En Acción and previously was deputy director for content and campaigns at Blue State. WHITE HOUSE ARRIVAL LOUNGE — Kota Mizutani is now a senior adviser for the White House Office of Public Engagement. He previously was the deputy comms director for House Education ranking member Rep. Bobby Scott (D-Va.). TRANSITIONS — Emily Domenech is joining Boundary Stone Partners as SVP. She previously was a senior policy adviser for Speaker Mike Johnson and is a Kevin McCarthy and GOP Science Committee alum. … Judd Devermont is now an operating partner at Kupanda Capital. He previously was director for African affairs at the NSC. … … Binaifer Nowrojee will take over as president of the Open Society Foundations in June, replacing Mark Malloch-Brown. She previously was VP of programs. More from the AP … Bianca Ortiz-Wertheim is now senior adviser for talent at Equis Research. She previously was director of infrastructure for New Mexico Gov. Michelle Lujan Grisham and is a Tom Udall alum. HAPPY BIRTHDAY: Sens. Mitt Romney (R-Utah) and Tammy Duckworth (D-Ill.) … Reps. Ritchie Torres (D-N.Y.) and Joyce Beatty (D-Ohio) … Jake Tapper … Remi Yamamoto … Emily Stephenson … Rachel Levitan … Kedenard Raymond … Jalen Drummond … Colleen Carlos … Tara (Jeffries) Payne … former Sen. Kent Conrad (D-N.D.) … former Rep. Val Demings (D-Fla.) … Jordan Evich of Monument Advocacy … Andrew Young (91) … Riley Barnes … Scott Comer … Fox News’ Eric Shawn … Andres Penfold … Brian Weiss … Eric Burns of Bullfight Strategies … Slate’s Jim Newell … FT’s Peter Spiegel … S-3 Group’s Matt Bravo … Jeremy Pelzer … David Sheon of Whitecoat Strategies … Aaron Magid … Jacob Castermans … Rebekah Williams Lovorn … Neil Fried … Jeff Lande … Marshall Kosloff … James Ball … Steven Stenberg … Matt Glassman of Georgetown’s Government Affairs Institute … Economic Innovation Group’s Alex Heathcock … Wavelength Strategy's Preston Maddock … Marcy Stech 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 Playbook Daily Briefing producer Callan Tansill-Suddath.
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