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ABOUT THE AUTHOR : RYAN LIZZA

Ryan Lizza is a Playbook Co-Author and the Chief Washington Correspondent for
POLITICO. He covers campaigns, Congress, and the White House. Since arriving in
Washington in 1998, Ryan has written about national politics, policy, and
elections for Esquire, New York magazine, GQ, The Washington Post, The New
Yorker, The New Republic, The New York Times, and The Atlantic.

Ryan, who is also a Senior Political Analyst for CNN, covered every presidential
election since 2000 and the presidencies of Bill Clinton, George W. Bush, Barack
Obama, and Donald Trump. His reporting on Obama won the White House
Correspondents' Association's Aldo Beckman award for presidential news coverage,
and Lizza's reporting on the Arab Spring won the National Press Club's Edwin M.
Hood Award for Diplomatic Correspondence.

Ryan grew up in New York and is a graduate of the University of California,
Berkeley.


ABOUT THE AUTHOR : EUGENE DANIELS

Eugene Daniels is a Playbook author and White House correspondent, with a focus
on Vice President Kamala Harris, First Lady Dr. Jill Biden, the Second Gentleman
and emerging power players in Washington. Since joining POLITICO in 2018, he’s
covered the midterms, the Democratic presidential primary and general election
through print, video journalism and podcasts. Eugene will continue to leverage
POLITICO's many platforms as part of the Playbook team. During the country’s
reckoning with race in 2020, Eugene moderated POLITICO’s Confronting Inequality
Town Hall series that examined how inequities in policing, housing, healthcare,
education and employment permeate and plague the United States. Prior to
POLITICO, Eugene covered the 2016 primary, general election and national
politics as a political reporter at Newsy. He began his career in local
television in Colorado Springs and graduated from Colorado State University in
2012.


 * MOST READ


 1. TRUMP'S MAR-A-LAGO HOME SEARCHED BY FBI IN UNPRECEDENTED MOVE


 2. TRUMP'S 2024 GOP RIVALS RALLY BEHIND HIM AFTER FBI SEARCH


 3. GOP POLLS SHOW HOUSE BATTLEFIELD STRETCHING INTO DOUBLE-DIGIT BIDEN
    DISTRICTS


 4. DESANTIS COMES TO TRUMP'S DEFENSE AFTER FBI SEARCH


 5. FORMER FEDERAL PROSECUTOR REPRESENTING TRUMP IN TALKS WITH DOJ


PLAYBOOK - POLITICO ARCHIVE


 * TUESDAY, 8/9/22


 * MONDAY, 8/8/22


 * SUNDAY, 8/7/22


 * SATURDAY, 8/6/22


 * FRIDAY, 8/5/22

 * View the Full Playbook Archives »




POLITICO PLAYBOOK: AFTER THE SEARCH: GOP TORCHES FBI, HUGS TRUMP

By RYAN LIZZA and EUGENE DANIELS 

08/09/2022 06:10 AM EDT

Updated 08/09/2022 11:13 AM EDT

2022-08-09T11:13-0400

Presented by

With help from Eli Okun and Garrett Ross


There was a burst of excitement on social media on Monday after the FBI searched
the Mar-A-Lago home of former President Donald Trump. | Getty Images




DRIVING THE DAY

The news of the FBI search of Mar-a-Lago, the most aggressive law enforcement
action ever taken against a former American president, broke last night in the
most understated way imaginable.

Peter Schorsch of FloridaPolitics.com just tweeted it out: “Scoop — The Federal
Bureau of Investigation @FBI today executed a search warrant at Mar-a-Lago, two
sources confirm to @Fla_Pol.” (Not even an all caps “SCOOP!”)

In an age where bragging about reporterial prowess is normal, Schorsch was
charmingly humble: “Not sure what the search warrant was about. TBH, I’m not a
strong enough reporter to hunt this down, but it’s real.”

It was indeed real, as DONALD TRUMP confirmed within the hour. “[M]y beautiful
home, Mar-A-Lago in Palm Beach, Florida, is currently under siege, raided, and
occupied by a large group of FBI agents,” the former president said in a lengthy
statement. “They even broke into my safe!”

The backstory, as outlined in a February letter from DAVID S. FERRIERO, the
archivist of the United States, to Rep. CAROLYN MALONEY (D-N.Y.), chair of the
Committee on Oversight and Reform: Throughout 2021, the National Archives and
Records Administration “had ongoing communications with the representatives of
former President Trump” about boxes of White House records he stashed at his
home in West Palm Beach. NARA recovered 15 boxes in January, including items the
agency identified as “marked as classified national security information.”

The discovery of classified material triggered NARA staff to report their
findings to the Department of Justice. That’s when things got serious for Trump.

NYT’s Maggie Haberman, Ben Protess and Adam Goldman: “Federal prosecutors
subsequently began a grand jury investigation, according to two people briefed
on the matter. Prosecutors issued a subpoena earlier this year to the archives
to obtain the boxes of classified documents, according to the two people
familiar with the matter.

“The authorities also made interview requests to people who worked in the White
House in the final days of Mr. Trump’s presidency, according to one of the
people.

“In the spring, a small coterie of federal agents visited Mar-a-Lago in search
of some documents, according to a person familiar with the meeting. At least one
of the agents was involved in counterintelligence, according to the person.”

Trump suggested that he was continuing to work with NARA and DOJ on the matter,
and was thus dumbfounded by the swarm of FBI agents that spent hours combing
through materials Monday in Mar-a-Lago while Trump was away in Manhattan. “After
working and cooperating with the relevant Government agencies, this unannounced
raid on my home was not necessary or appropriate,” his statement said.

But that cooperation by Trump gave agents the justification they needed to
obtain their warrant, according to the Miami Herald:

“Federal agents were able to establish probable cause for the warrant because
Trump and his lawyers had already turned over some classified documents that had
been sought by the National Archives and Records Administration, the source
said. Agents suspected that Trump was unlawfully holding other classified
documents from his presidency in his private club and residence at Mar-a-Lago,
which is the crux of the investigation led by the FBI and Justice Department in
Washington, D.C.

“During Monday’s raid, FBI agents worked in ‘taint’ teams while gathering and
separating the alleged classified materials to ensure that none was privileged
correspondence between Trump and his lawyers, which would be off limits to
investigators and prosecutors.”

'DISQUALIFIED'? — One perplexing aspect of the Mar-a-Lago search, at least to
some legal analysts, is that the crime reportedly being investigated does not
seem to match the unprecedented tactic of an FBI search of a former president’s
residence.

“If they raided his home just to find classified documents he took from The
White House,” one legal expert noted, “he will be re-elected president in 2024,
hands down. It will prove to be the greatest law enforcement mistake in
history.”

There was a burst of excitement on Democratic legal Twitter after MARC ELIAS
pointed out that one of the penalties for violating the statute on improper
handling of government records is being “disqualified from holding any office
under the United States.”

But as NYT’s Charlie Savage expertly explains, that issue was well-ventilated
back when conservatives wanted to throw HILLARY CLINTON in jail for allegedly
violating the same law, and many scholars concluded that, as applied to a
presidential candidate, it’s unconstitutional because the Constitution alone
sets the eligibility criteria for the presidency. (Former A.G. MICHAEL MUKASEY
was a fan of this theory, but Savage notes that he later recanted.)

WHO SIGNED THE WARRANT? — A “source said FBI agents obtained a search warrant
from a federal magistrate judge in West Palm Beach,” report the Miami Herald’s
Alex Roarty, Michael Wilner and Jay Weaver. According to its website, the West
Palm Beach location of the U.S. District Court for the Southern District of
Florida has three Magistrates: Judge BRUCE REINHART, Judge WILLIAM MATTHEWMAN
and Judge RYON MCCABE. The court’s online database shows two recent warrant
applications, both assigned to Reinhart, were entered into its system on Monday,
though information about the targets of those warrants is sealed.

GOP REACTION — The immediate political impact in the GOP was a rally to Trump’s
defense. “Trump is winning the FBI-raid caucus going away,” Rich Lowry tweeted,
“we’ll learn more, but this is his best day in pursuit of the 2024 nomination in
a long time.” CBS’ Robert Costa reported, “Some allies are urging him to speed
up his decision on 2024 in the wake of this, that no one in [the] GOP will
challenge him now … others are telling him to stay cool, wait.” On Fox News,
ERIC TRUMP, who said he informed his father of the search, said publicly for the
first time that he now wanted his father to run for president again.

House members, senators, 2022 nominees and potential 2024 GOP presidential
candidates flooded social media with condemnation of President JOE BIDEN, A.G.
MERRICK GARLAND and the FBI and in solidarity with Trump.

But there was one corner of the GOP establishment notable for its restraint:
Senate Republican leadership.

Minority Leader MITCH MCCONNELL, Minority Whip JOHN THUNE (R-S.D.), Republican
Conference Chair JOHN BARRASSO (R-Wyo.), Republican Policy Committee Chair ROY
BLUNT (R-Mo.) and Republican Conference Vice Chair JONI ERNST (R-Iowa) all
refrained from tweeting about the search as of early this morning.

The silence did not go unnoticed. On Fox News Monday night, MARK LEVIN attacked
the Senate leadership for not speaking out.

There was one leadership exception: National Republican Senatorial Committee
Chair RICK SCOTT (R-Fla.) tweeted, “The @FBI’s raid of Mar-a-Lago is incredibly
concerning, especially given the Biden admin’s history of going after parents &
other political opponents. This is 3rd World country stuff. We need answers NOW.
The FBI must explain what they were doing today & why.”

Many other GOP senators echoed Scott, including Kentucky’s RAND PAUL
(“outrageous and unjust”), Tennessee’s MARSHA BLACKBURN (“I stand with President
Trump”), Florida’s MARCO RUBIO (like “3rd world Marxist dictatorships”), South
Carolina’s LINDSEY GRAHAM (“launching such an investigation of a former
President this close to an election is beyond problematic”) and Kansas’ ROGER
MARSHALL (“no one is safe from political persecution”).

As for 2024 aspirants, Sens. TOM COTTON (R-Ark.) and JOSH HAWLEY (R-Mo.) didn’t
tweet. But Sen. TED CRUZ (R-Texas), Florida Gov. RON DESANTIS and South Dakota
Gov. KRISTI NOEM did. DeSantis called the search “another escalation in the
weaponization of federal agencies against the Regime’s political opponents.”
Noem said it was “un-American.” Cruz hit all of these notes and many more in a
thread that ended with “4/x,” suggesting he may pick things up this morning.

Most GOP House members commenting about the search took it as a given that it
was politically motivated.

The tone was set from the top. “I've seen enough,” House Minority Leader KEVIN
MCCARTHYtweeted. “The Department of Justice has reached an intolerable state of
weaponized politicization. When Republicans take back the House, we will conduct
immediate oversight of this department, follow the facts, and leave no stone
unturned. Attorney General Garland, preserve your documents and clear your
calendar.”

Minority Whip STEVE SCALISE (R-La.) called the search “a brazen weaponization of
the FBI by Biden’s DOJ against his political opponent.”

Republican Conference Chair ELISE STEFANIK (R-N.Y.) said, “The FBI's raid on
President Trump's Florida home is a dark day in American history. The political
weaponization of the FBI and Department of Justice is an actual threat to
democracy.” The FBI, she said, is a “corrupt agency.”

Rep. JIM BANKS (R-Ind.), the Republican Study Committee chair who wants to be
majority whip if the GOP takes the House, spoke for many of his colleagues by
dragging the president’s son into the drama: “HUNTER BIDEN skates free while DOJ
executes a political plot to destroy lives of political opponents.”

Rep. ANDY BIGGS (R-Ariz.) compared Biden to MUAMMAR GADDAFI. Rep. GREG STEUBE
(R-Fla.) said America “has become a totalitarian state.” Rep. MARJORIE TAYLOR
GREENE (R-Ga.) tweeted, “DEFUND THE FBI.” Rep. PAUL GOSAR (R-Ariz.) tweeted, “We
must destroy the FBI.”

Texas Rep. LOUIE GOHMERT, perhaps aware of the surge of violent rhetoric
emanating from online Trump forums — “as violent as I’ve seen them since before
January 6th,” per NBC’s Ben Collins — appealed for calm. “Do not let this
lawless government provoke violence,” he tweeted. “They will use it to declare
more emergencies, perhaps even take more of our liberties, and attempt to steal
the upcoming election, and make this the totalitarian, Orwellian police state
toward which they have been moving us.”

Republican candidates and groups, such as the RNC and J.D. VANCE, immediately
used the search to raise money last night.

After firing off his own FBI-themed fundraising appeals, Trump ended Monday by
calling into an Alaska rally for SARAH PALIN. “This was a strange day,” he told
the crowd.

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


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STATE OF THE RACE — Democrats passed Republicans in 538’s generic congressional
ballot tracker for the first time since November.

IT’S ELECTION DAY — Zach Montellaro and Ally Mutnick break down some of the big
races to watch tonight. There are high-profile GOP primaries in Wisconsin
between Trump-backed contenders (TIM MICHELS for governor) and Republicans he
wants to take down (REBECCA KLEEFISCH for governor, Assembly Speaker ROBIN VOS).
Vermont Lt. Gov. MOLLY GRAY and state Senate President BECCA BALINT are battling
for the Democratic nomination for the state’s House seat. And a Minnesota
special election will provide perhaps the biggest bellwether for November:
Republican BRAD FINSTAD is expected to beat Democrat JEFF ETTINGER, but the
margin will be instructive.

“Overall, however, one thing that stands out about Tuesday’s primaries in four
states in the Midwest and Northeast is how many have no contests at all, or only
token challenges,” add Roll Call’s Mary Ellen McIntire, Niels Lesniewski, and
Stephanie Akin.


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BIDEN’S TUESDAY:

9 a.m.: The president will receive the President’s Daily Brief.

10 a.m.: Biden will sign the CHIPS and Science Act into law and deliver remarks
on the South Lawn, with VP KAMALA HARRIS, Commerce Secretary GINA RAIMONDO, USTR
KATHERINE TAI and OMB Director SHALANDA YOUNG in attendance.

2 p.m.: Biden will sign the ratification of Finland and Sweden to join NATO and
deliver remarks in the East Room, with Harris in attendance.

Press secretary KARINE JEAN-PIERRE will brief at 2:40 p.m.

THE HOUSE and THE SENATE are out.

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


President Joe Biden speaks as he tours a neighborhood impacted by flooding on
Monday, in Lost Creek, Ky. | Evan Vucci/AP Photo


PLAYBOOK READS

ALL POLITICS

THE NEW (OLD) GOP — Moderate New England Republicans are looking to stage a
comeback in this year’s elections, from GEORGE LOGAN and MIKE FRANCE in
Connecticut to BRUCE POLIQUIN in Maine. From Cranston, R.I., Sarah Ferris
profiles ALLAN FUNG, a popular former mayor running for Congress who’s one of
the group disavowing MAGA and emphasizing pocketbook issues — even as he backs
McCarthy.

THE NEW (NEW) GOP — DeSantis’ railroading of a new, more heavily gerrymandered
map for Republicans looks likely to send several new Trumpist members to
Congress next year, Gary Fineout reports from Tallahassee.

DESANTIS ON THE ROAD — DeSantis will headline Turning Point Action rallies this
month for Vance in Ohio, DOUG MASTRIANO in Pennsylvania, KARI LAKE and BLAKE
MASTERS in Arizona, and Rep. YVETTE HERRELL and MARK RONCHETTI in New Mexico,
Fox News’ Brooke Singman scooped.

— DeSantis will also be on Nantucket today for a fundraiser hosted by JAMES
PALLOTTA, per the Nantucket Current’s Jason Graziadei.

AD WARS — The most striking new political ad this week is the Republican
Accountability PAC’s spot against Georgia GOP Senate nominee HERSCHEL WALKER,
which features his ex-wife describing domestic abuse in shocking detail: “The
first time he held the gun to my head, he held the gun to my temple, and said he
was gonna blow my brains out.” It’s a six-figure ad buy in Georgia from the
anti-Trump GOP group, reports The Atlanta Journal-Constitution’s Greg Bluestein.
Watch the 30-second spot

— The most striking not-new political ad this week is that viral DICK CHENEY
spot for his daughter LIZ, which will launch on Fox News nationally today after
initially airing just in Wyoming, per Axios’ Alayna Treene. ICYMI, watch the
1-minute spot

BATTLE FOR THE SENATE — Burgess Everett dives into the unusual Utah Senate race,
in which EVAN MCMULLIN’s challenge to GOP Sen. MIKE LEE “is as much about the
last six years of the Republican Party — and Lee’s place in it — as it is about
McMullin’s half-court heave of a political strategy.” Lee says he has a big
lead, but is taking the race seriously. McMullin is vowing to become the first
independent senator not to caucus with either party in more than half a century,
even if the Senate shakes out at 50-49.

CONGRESS

ROLLING BACK THE AUMF — The long campaign to repeal Congress’ 2002 Iraq War
authorization now has its sights set on the National Defense Authorization Act,
which Sen. TIM KAINE (D-Va.) wants to use as the vehicle to pass a war powers
rollback after two decades, Lawrence Ukenye and Connor O’Brien report. It may be
one of the last opportunities for the bipartisan effort to succeed, but “[a] key
problem for the Senate is finding the time to do the vote.” Senate Majority
Leader CHUCK SCHUMER, who promised last year to bring it up for a vote, hasn’t
yet done so.

Sen. TODD YOUNG (R-Ind.): “I agree that the NDAA is the most logical vehicle,
but frankly we’ll hitch a ride wherever we can catch it. It’s a busy calendar.”


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JAN. 6 AND ITS AFTERMATH

THE INVESTIGATIONS — JOHN ROWLEY and EVAN CORCORAN are now representing Trump in
talks with the Justice Department, NYT’s Maggie Haberman scooped. The attorneys’
other clients have included PETER NAVARRO, STEPHEN MILLER, CLETA MITCHELL, STEVE
BANNON and Rep. SCOTT PERRY (R-Pa.). More from Betsy Woodruff Swan

— RUDY GIULIANI tried to postpone an appearance before a Fulton County, Ga.,
grand jury scheduled for today. More from the AJC

— A new Justice Department filing opposed JOHN EASTMAN’s effort to retrieve his
cellphone that the FBI seized, saying that it would amount to “destruction of
evidence.” More from Law & Crime … The filing

COMMITTEE LATEST — Mastriano will appear before the House Jan. 6 committee after
all, testifying virtually today after the Pennsylvania GOP gubernatorial
nominee’s attorney had threatened he could pull out last week. More from CBS

ABORTION FALLOUT

GOP IN DISARRAY — “Republican state officials have been waiting decades for the
chance to ban abortion,” report Megan Messerly and Alice Miranda Ollstein. But
now that they can, “red state lawmakers are mired in partisan infighting and
struggling to agree on how far to go.” The situation “could prove volatile for
the party heading into a November election when the political winds are supposed
to be at their back. … The vitriol has left some Republican legislators reeling,
forced to defend their anti-abortion bona fides to constituents and friends.”

— To wit: Nebraska Gov. PETE RICKETTS said Monday that he won’t convene a
special legislative session to restrict abortion, because Republicans didn’t
have the votes to impose a 12-week ban. More from the Omaha World-Herald

WAR IN UKRAINE

THE LATEST AID — The Defense Department said Monday it’ll send another $1
billion in military assistance to Ukraine. The tranche includes “more ammunition
for High Mobility Artillery Rocket Systems (HIMARS), 1,000 Javelin anti-tank
missiles, anti-armor systems, mortar systems and tens of thousands of artillery
ammunition, as well as 50 armored medical treatment vehicles and medical
supplies,” per CBS. The U.S. is also sending $4.5 billion more in budgetary aid.


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PLAYBOOKERS

Stephanie Grisham responded to an accusation on Twitter that she was the source
of the Trump-era photos Maggie Haberman obtained of torn documents in toilets
“Lol I assure you I’m not. I would def not have followed that guy into the
bathroom after he used it.”

The New Yorker“released a whole article about how much we need bookstores and
linked every book mentioned in it to Amazon.” The links were removed after
social media mocking.

Doug Emhoff is to thank for the video that spawned Kamala Harris’ now-iconic and
sometimes-memed catchphrase “We did it, Joe!”

Wolf Blitzer shared a time-capsule photo from the launch of CNN’s “The Situation
Room” in 2005.

Ivana Trump will be honored in a ceremonial mass today in St-Tropez.

OUT AND ABOUT — Rohini Kosoglu, domestic policy adviser to the VP and one of
Harris’ longest-serving aides, had a farewell party at Blackfinn on Monday night
as she’s leaving the White House this week. SPOTTED: second gentleman Doug
Emhoff, Josh Hsu, Julie Rodriguez, Laphonza Butler, Brian Nelson,Vinay Reddy,
Remi Yamamoto, Opal Vadhan, Marguerite Biagi, Sabrina Singh and Mike Smith, Kate
Childs Graham, Rachel Palermo and Herbie Ziskend.

MEDIA MOVE —Allison Sandza is now executive producer for streaming Washington
coverage at CBS News. She previously was supervising producer for “The Source
with Kasie Hunt” at CNN, and is an NBC “Meet the Press” alum.

WHITE HOUSE MOVES — Ahmad Ramadan has been detailed to the White House
Infrastructure Implementation Office as engagement adviser. He previously was at
the Labor Department’s Office of Intergovernmental and Congressional Affairs,
and is a Biden campaign alum. … Osaremen Okolo is leaving the White House, where
she has been a policy adviser for the Office on COVID-19 Response, to start a
Ph.D. at Harvard in the history of science. She’s also a Senate HELP and Jan
Schakowsky alum.

TRANSITIONS — Drew O’Brien is joining Seven Letter as a partner. He most
recently was EVP and managing director at Burson Cohn & Wolfe and president of
Direct Impact, and is a State Department alum. … Karishma Merchant is now
associate VP of policy and advocacy at Jobs for the Future. She previously was
senior education and workforce policy adviser for Sen. Tim Kaine (D-Va.).

ENGAGED —Ben Steinhafel, director of policy and external affairs at the Center
for Telehealth and E-Health Law, CTeL, proposed to Kelly Laco, a politics editor
at Fox News Digital, on Saturday afternoon at the Georgetown waterfront. The
couple had their first date in June 2020 in Navy Yard. Pic … Another pic

WEEKEND WEDDING — Zach Sentementes, director of federal advocacy at PhRMA, and
Shannon Sorensen, VP of legal and business affairs at the National Music
Publishers’ Association, got married Saturday at the Grey Havens Inn in
Georgetown, Maine. The couple met at the RIAA & Spotify holiday party at the
9:30 Club in 2017. Pic … SPOTTED: Alicia Smith, Nishith Pandya, Andrew Kovalcin,
Alex Hendrie, Ashkhen Kazaryan, Bijan Madhani, Brett Seyfried, Elaine Sedenberg,
Jared Parks and Tom Hebert.

HAPPY BIRTHDAY: Sen. Roger Marshall (R-Kan.) … NYT’s Julian Barnes and Ken Vogel
… Ann Selzer of Selzer & Co. … Kathleen Matthews … White House News
Photographers Association’s Heidi Elswick, celebrating by working on table
assignments for the WHNPA “Eyes of History” awards gala Sept. 10 … Michael
Fletcher … Lockheed Martin’s Marcel Lettre … Leila Sepehri Getto … SmartPower’s
Brian F. Keane … Tim Tagaris ... Meta’s Robert Traynham … Bill Burton … Hoda
Kotb … Chris Cuomo … Sharon Wagener … Brian Hart ... Kerry Troup … POLITICO’s
Jordan Hoshko ... BBC’s John Simpson … David Sours … Fred Brown of Dezenhall
Resources … Courtney Bradway of Cornerstone … former Reps. John Sweeney (R-N.Y.)
and Charles Djou (R-Hawaii) … Mike Mears … William Smith … Gable Brady … Rhonda
Bentz Bozzella … Richard Weiblinger … Kate Leone … Lindsay Singleton of Rokk
Solutions … Ann E.W. Stone … Chris Sautter … Virginia Pancoe … New Deal
Strategies’ Rebecca Kirszner Katz … Amy Rutkin of House Judiciary … Mercury’s
Dan Bank … Ted Thompson of the Michael J. Fox Foundation

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Correction: An earlier version of this newsletter misstated the name of the
agency Trump suggested he was continuing to work with. It is the National
Archives and Records Administration, or NARA.


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