The Biden-Garland chronicles

From: POLITICO West Wing Playbook - Thursday Jul 15,2021 11:04 pm
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West Wing Playbook

By Alex Thompson , Josh Gerstein and Tina Sfondeles

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Welcome to POLITICO’s West Wing Playbook, your guide to the people and power centers in the Biden administration. With help from Allie Bice.

On the anniversary of the murder of GEORGE FLOYD this past May, President JOE BIDEN wanted to make a statement about his commitment to civil rights by personally swearing in newly confirmed Assistant Attorney General of Civil Rights KRISTEN CLARKE.

But Biden’s own Justice Department pushed back on the idea, according to two sources familiar with the interaction.

Some Justice Department officials objected, believing Biden’s role would raise questions about the independence of the department and that it would depart from precedent. Vice President KAMALA HARRIS ultimately swore Clarke in.

The rebuff, which has not been previously reported, is the latest instance of tension between Biden and Attorney General MERRICK GARLAND over just how autonomous the Justice Department should be from the Biden White House.

A Justice Department spokesperson dismissed the spat as “Olympic-sized gossip.” A White House official said on “deep background” that the relationship between Biden and Garland is one of deep respect and they’ve worked on many issues.

Biden chose Garland — a former federal judge with an independent streak — largely to send a message that he was restoring norms at the Justice Department after DONALD TRUMP’s repeated attempts to politicize it.

But the idealistic vision has at times been difficult to put into practice. Biden, who was chair of the Senate Judiciary Committee for many years, has some opinions about how the Justice Department operates, but also is wary of looking like he’s giving it orders.

Besides the dust-up over Clarke, the White House and the Justice Department have had stand-offs over a number of personnel choices and have publicly disagreed over certain policy decisions like subpoenaing reporters’ records.

As Biden prepares to mark six months in office, the White House and DOJ have still not issued their contacts memos, which govern interactions between the two arms of government, and are designed to prevent White House officials from trying to interfere in enforcement decisions.

Critics say the delay is puzzling in light of Biden’s campaign pledges to reaffirm DOJ independence. It also seems sluggish compared with some similar moves by Biden’s immediate predecessors.

Trump’s White House issued its memo on January 27, 2017 and Obama’s Justice Department released theirs on May 11, 2009. (The Trump DOJ simply left the 2009 memo in place.)

A Justice Department spokesperson said Thursday the new iteration of the contacts memo will be out “very soon.” A White House official acknowledged they had not yet released theirs but said White House counsel DANA REMUS did issue an internal memo on Inauguration Day on how to communicate with agencies, including the Justice Department. The White House declined to provide the memo.

There has also been a delay from Biden in nominating people for senior positions at DOJ, most notably solicitor general and the assistant attorney general for antitrust.

But Biden and Garland may be forging a closer bond. They have been spending a lot of time together recently. On Monday, Garland participated in Biden’s roundtable on combating gun violence and participated in a similar roundtable about crime on June 23rd. Last Friday, Garland stood next to Biden as the president signed an executive order toughening antitrust policy.

At Monday’s meeting, Biden paused for a moment and looked at Garland, who was sitting across from him. “I look at the attorney general. We’ve been at this a long time,” Biden said. “A long time. Most of my career has been on this issue.”

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PRESIDENTIAL TRIVIA

With the Partnership for Public Service

Which sitting presidents have attended the opening of the summer Olympic Games?

(Answer at the bottom)

The Oval

BIDEN STANDARD TIME A fly on the wall in Biden’s infrastructure meeting yesterday with governors and mayors told us a funny story. A Biden staffer slipped the president a note during the meeting, a traditional, ‘let’s get this show on the road’ kind of message.

Biden read the note out loud and got a laugh. It said the 45-minute meeting had gone 15 minutes over. An astute member of the audience pointed out to the president that the staffer brought over that late notice, er, 15 minutes before he read it.

ABOUT YESTERDAY: A few digital strategists reached out after yesterday’s top on Biden’s granddaughters and the White House digital team. STEFAN SMITH, who was on PETE BUTTIGIEG’s presidential campaign, argued that the digital team was being limited by Biden only doing 15 minutes of content a week.

"A robust surrogate strategy is really the only option when your facetime with the principal is so limited,” he said. “It's shocking that in 2021 the White House digital program is so under-resourced in both time and staff."

DEAL OR NO DEAL: The White House’s lead negotiators on the bipartisan infrastructure deal (AKA “BIF” or “the bipar”) — STEVE RICCHETTI, LOUISA TERRELL and BRIAN DEESE — went to Capitol Hill this afternoon to meet with Senate negotiators. As the Washington Post’s SEUNG MIN KIM tweeted: “Could [be] a good sign or a terrible sign.”

Agenda Setting

SAME, SAME? Treasury Secretary JANET YELLEN told NPR she wants to see the child tax credit extended permanently. Biden has proposed an extension until 2025. Asked Thursday if the president supports the credit becoming permanent, press secretary JEN PSAKI noted there are a “range of views” on the topic. “Some wanted it longer. Some didn’t want it at all. That’s part of the negotiations…”

During his speech about the tax credit on Thursday, Biden said that a year was “all I could get it for, for the first time [when he enhanced it in the Covid-relief bill]. And so, I want to extend it into the future.” A White House fact sheet says Biden wants to work with Congress to make the tax credit permanent. The White House told West Wing Playbook, “President Biden and his Administration are committed to working with Congress to ultimately achieve the shared goal of making the Child Tax Credit permanent.”

 

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Filling the Ranks

WFH FOREVER — DANIEL LIPPMAN scoops that PHIL GIUDICE, a top deputy of national climate adviser GINA McCARTHY, has left the White House because he didn’t want to move to Washington from the Boston area.

Giudice, who was a special assistant to the president for climate policy, had been working remotely when he joined the administration in February and confirmed to POLITICO that he left the White House in early June. The reason? “Just from a personal life standpoint and family and other demands, it just really was like, ‘This isn’t going to work well for my needs,'” he said in an interview.

Advise and Consent

“NASTY WOMAN” ... WHERE HAVE WE HEARD THAT BEFORE? The political heat on TRACEY STONE-MANNING, Biden’s nominee to lead the Bureau of Land Management at the Interior Department, is likely to grow. A letter sent to the Senate Energy Committee by retired U.S. Forest Service criminal investigator MICHAEL MERKLEY, says Stone-Manning knew she was under criminal investigation for her ties to an environmental group that spiked trees to protest logging.

BEN LEFEBVRE, ANTHONY ADRAGNA and BURGESS EVERETT got their hands on the letter, in which Merkley writes that, “During the 1989 inquiry, Ms. Stone-Manning was extremely difficult to work with; in fact, she was the nastiest of the suspects. She was vulgar, antagonistic, and extremely anti-government."

SAILING THROUGH: The Senate confirmed Treasury undersecretary NELLIE LIANG, 72 to 27, and DAVID REMY to be deputy secretary of Veterans Affairs, 91 to 8.

What We're Reading

Justice Breyer says he hasn’t decided on retirement plans (Politico’s Marissa Martinez)

Fed Chair Powell’s term expires in 2022, giving Biden an opportunity to reshape the central bank (NBC News’ Martha C. White)

White House to hold second eviction-prevention meeting with local officials as housing concerns mount (Washington Post’s Rachel Siegel)

Where's Joe

German Chancellor Angela Merkel and U.S. President Joe Biden hold a joint news conference

German Chancellor Angela Merkel and U.S. President Joe Biden hold a joint news conference | Chip Somodevilla/Getty Images

The president spoke about the expanded child tax credit payments, which Americans started receiving today thanks to a provision included in the Democrat-backed American Rescue Plan.

Biden also hosted German Chancellor ANGELA MERKEL and the two held a bilateral meeting and a joint press conference. Secretary of State ANTONY BLINKEN and National Security Advisor JAKE SULLIVAN and senior adviser MIKE DONILON were also in attendance.

In the evening, Biden, first lady JILL BIDEN, Vice President KAMALA HARRIS, second gentleman DOUG EMHOFF, Merkel and her husband JOACHIM SAUER will have dinner together at the White House.

Where's Kamala

She hosted Merkel for breakfast at her residence at the Naval Observatory, then joined the president to make remarks on the child tax credit and dinner with Merkel.

The Oppo Book

When Biden’s deputy press secretary KARINE JEAN-PIERRE was in high school, her teacher refused to read her work because her handwriting was “atrocious,” by the teacher’s account.

“She gave me an ultimatum: spend my study breaks taking penmanship lessons with retired nuns who lived in the convent at the school, or fail her class,” Pierre recalled in her book “Moving Forward: A Story of Hope, Hard Work, and the Promise of America.”

Pierre took the teacher up on the classes, of course.

“For hours it seemed, I would sit with these elderly sisters in their nineties and trace loops for each upper- and lowercase letter,” she wrote of her time in Catholic school. “I suppose that today I would have been given a laptop.”

Probably, but then you’d have missed out on all that quality time with the nuns, Karine!

Trivia Answer

BILL CLINTON and RONALD REAGAN

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Edited by Emily Cadei

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