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Presented by the American Petroleum Institute: Playbook is POLITICO's must-read briefing on what's driving the day Jan 03, 2019 View in browser
By Jake Sherman, Anna Palmer, Daniel Lippman, Garrett Ross and Eli Okun

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GOOD THURSDAY AFTERNOON from the House chamber, where NANCY PELOSI just became House speaker. She won with 220 votes, 13 Democrats voting against her and two voting present.

-- DEMOCRATS NOT VOTING PELOSI: Rep. Anthony Brindisi (D-N.Y.) for Joe Biden, Rep. Jason Crow (D-Colo.) for Sen. Tammy Duckworth (D-Ill.), Rep. Joe Cunningham (D-S.C.) for Rep. Cheri Bustos (D-Ill.), Rep. Jared Golden (D-Maine) for Bustos, Rep. Ron Kind (D-Wis.) for Rep. John Lewis (D-Ga.), Rep. Conor Lamb (D-Pa.) for Rep. Joe Kennedy III (D-Mass.), Rep. Ben McAdams (D-Utah) for Rep. Stephanie Murphy (D-Fla.) ...

... Rep. Kathleen Rice (D-N.Y.) for Stacey Abrams, Rep. Max Rose (D-N.Y.) for Duckworth, Rep. Kurt Schrader (D-Colo.) for Rep. Marcia Fudge (D-Ohio), Rep. Mikie Sherrill (D-N.J.) for Bustos, Rep. Abigail Spanberger (D-Va.) for Bustos and Rep. Jeff Van Drew (D-N.J.) voted "no," which is neither a person nor an option, but the chair changed his vote to "present."

-- PRESENT: Rep. Jim Cooper (D-Tenn.) and Rep. Elissa Slotkin (D-Mich.).

NO BIG SURPRISES HERE ... Bustos represents a swing district, and is seen as a safe haven for Democrats. Slotkin has to explain a present vote in an R+4 district.

-- REPUBLICANS AGAINST KEVIN MCCARTHY: Rep. Justin Amash (R-Mich.) for Rep. Tom Massie (R-Ky.), Rep. Andy Biggs (R-Ariz.) for Rep. Jim Jordan (R-Ohio), Rep. Paul Gosar (R-Ariz.) for Jordan, Rep. Jody Hice (R-Ga.) for Jordan, Massie for Jordan and Rep. Scott Perry (R-Pa.) for Jordan.

NEW YORK DEMOCRATIC REP. HAKEEM JEFFRIES said "House Democrats are down with NDP" -- possibly the first Naughty by Nature reference on the House floor ... ever? ("OPP" is a Naughty by Nature song.) 4-min. video

THE HOUSE is voting tonight until late in the evening, with a set of votes scheduled around 8:30 p.m.

-- PELOSI'S ESCORT COMMITTEE: Steny Hoyer, Jim Clyburn, Ben Ray Lujan, Hakeem Jeffries, Katherine Clark and the entire California delegation.

-- PELOSI'S GUESTS IN THE GALLERY: Paul Pelosi and their children Nancy Corinne Prowda, Christine Pelosi, Jacqueline Kenneally, Paul Pelosi Jr. and Alexandra Pelosi. All of Pelosi's nine grandchildren were on the floor or in the gallery. Also in attendance: Tony Bennett and Susan Benedetto; Mickey Hart of the Grateful Dead, Caryl Hart, Tim Gunn, Randi Weingarten, Stephanie Schriock, Ellen Malcolm, John DeGioia, Pat McGuire and D.C. Mayor Muriel Bowser.

SPOTTED on the House floor during the opening session: Leon Panetta, whose son is a member of Congress ... former Texas Rep. Martin Frost in the Capitol ... Reps. Alexandria Ocasio-Cortez (D-N.Y.), Jan Schakowsky (D-Ill.), Jahana Hays (D-Conn.), Ann Kuster (D-N.H.) and Adriano Espaillat (D-N.Y.) chatting in the middle of the chamber during the quorum call ...

... Rep. Mark Meadows (R-N.C.) chatting with Ocasio-Cortez on the floor. ... Norm Mineta on the floor ... Nancy Pelosi at Ekti Salon this morning ... Frank Luntz in the Capitol basement.

SPOTTED at the swearing-in ceremony for Sen. Marsha Blackburn (R-Tenn.) in 340 Dirksen: Justice Brett Kavanaugh. Pic

BREAKING -- "Justice Dept. investigating whether Zinke lied to inspector general," by WaPo's Matt Zapotosky, Josh Dawsey, Juliet Eilperin and Lisa Rein: "[I]nspector general investigators came to believe Zinke had lied to them, and they referred the matter to the Justice Department to consider whether any laws were violated ...

"The Justice Department's interest in the matter is significant, signaling prosecutors felt Zinke's account was suspect and warranted further scrutiny. Department officials have not yet decided, though, whether he should face charges, people familiar with the matter said." WaPo

A message from the American Petroleum Institute:

Welcome to America's Generation Energy, led by the women and men of the natural gas and oil industry, who are meeting unprecedented consumer demand for affordable and reliable energy while reducing the U.S. carbon footprint to its lowest level in a generation. See how we're doing it and join us at PowerPastImpossible.org.

THE LATEST ON THE SHUTDOWN -- BURGESS EVERETT: "Unprecedented: Shutdown bleeds into new Congress": "With the two top congressional leaders already feuding, the sides have at least tentatively agreed to continue talking. ... Republicans have surmised that Pelosi may be more willing to deal with Trump after winning her speakership election on Thursday, yet Democrats seem to have little interest in ceding ground to the president." POLITICO

-- CBS' MARK KNOLLER (@markknoller): "'He doesn't own the shutdown any longer,' says WH advisor @KellyannePolls of Pres Trump. She says @NancyPelosi 'ignored and interrupted' the border security briefing at the WH yesterday and 'was rude and dismissive' of border officials. Says it should be a non-partisan issue."

-- THIS TALKING POINT gets less effective as of tonight, when House Democrats will clear a bill to reopen government, legislation Senate Majority Leader Mitch McConnell and President Donald Trump oppose.

-- WAPO'S ERICA WERNER (@ericawerner): "Approps Chairman Shelby says shutdown could go on 'for months and months.'"

-- WAPO'S ROBERT COSTA (@costareports): "VP Pence and Sen. Schumer just ran into each other in the hall of the Senate and huddled for a minute... Pence told reporters there are meetings planned for Friday on the shutdown... Schumer told reporters that GOP must reopen gov't but wouldn't comment on his convo w/ VP."

WHAT'S ON THE PRESIDENT'S MIND -- @realDonaldTrump at 9:44 a.m.: "The Shutdown is only because of the 2020 Presidential Election. The Democrats know they can't win based on all of the achievements of 'Trump,' so they are going all out on the desperately needed Wall and Border Security - and Presidential Harassment. For them, strictly politics!"

... at 9:52 a.m.: "The United States Treasury has taken in MANY billions of dollars from the Tariffs we are charging China and other countries that have not treated us fairly. In the meantime we are doing well in various Trade Negotiations currently going on. At some point this had to be done!"

... at 12:40 p.m.: "The RNC has a great Chairwoman in Ronna McDaniel and the @GOP has never been stronger. We achieved historic wins with her help last year! #MAGA"

COMING ATTRACTIONS -- "Democrats Set to Push Election Overhaul, Without GOP Support," by WSJ's Joshua Jamerson and Julie Bykowicz: WSJ

-- WAPO'S DAVID WEIGEL: "House Democrats plan to hold hearings on Medicare for All"

STARTING OFF WITH A BANG! ... L.A. TIMES' JENNIFER HABERKORN: "Rep. Brad Sherman plans to introduce articles of impeachment against President Trump on Thursday, the first day of Democratic control of the House. ... Incoming House Speaker Nancy Pelosi has ruled out pursuing impeachment for now ... Sherman says he's not worried that introducing the resolution - the first of what could be several articles filed - would box his colleagues into answering a difficult political question." LAT

MORE SHUTDOWN FALLOUT -- WSJ'S BRENT KENDALL: "Federal Courts May Feel Pinch of Government Shutdown Soon": "Officials at the Administrative Office of the U.S. Courts say the judiciary will begin to face significant challenges after Jan. 11 if funding hasn't been restored. The courts have been dipping into court fees and other sources that aren't dependent on new congressional appropriations, but those funds have their limits.

"If the shutdown continues, federal courts will have to come up with plans for managing reduced operations, and funding could be in jeopardy for jurors, court reporters, public defenders and some court staffers, as well as for some supervision and other services the courts provide to offenders on probation. The Supreme Court faces the same funding timeline as the rest of the courts, a high-court spokeswoman said Wednesday." WSJ

-- CBS' KATHRYN WATSON (@kathrynw5): "CEA Chairman Kevin Hassett told us this a.m. he expects the partial government shutdown to shave about one-tenth of a percentage point off real GDP for every two weeks it lasts. Says January jobs report could see a 'big negative' due to furloughed workers."

-- WAPO'S MICHAEL RUANE: "Volunteers, friends and states try to fill the void left by the federal shutdown": "Across the country, cities, states, private agencies and volunteers are trying to fill the void created by the shutdown - with little certainty of reimbursement. ... During the 2013 shutdown, Utah paid almost $1.7 million [to] keep five national parks open, according to a Pew report last year. The federal government only repaid about $666,000." WaPo

PAUL DEMKO: "Democratic states appeal ruling that would kill Obamacare"

ON THE WORLD STAGE -- WAPO'S AMIE FERRIS-ROTMAN in Moscow: "American Paul Whelan charged with espionage in Russia, news agency reports": "An American arrested in Russia has been formally charged with espionage, a Russian news agency reported Thursday, moving the case into Russia's justice system and possibly deepening the diplomatic tensions with the United States.

"The Interfax news agency report on Paul Whelan's status could not be independently verified. 'An indictment has been presented. Whelan dismisses it,' Interfax quoted a person familiar with the situation as saying. Russian lawyer Vladimir Zherebenkov, who was appointed to represent Whelan, said the American will remain in custody in Moscow until at least Feb. 28. It was unclear whether court proceeding could begin before that date." WaPo

BEN SCHRECKINGER: "Senate Democrat threatens to block Trump administration invite to sanctioned Russian official"

TRADE WARS -- BLOOMBERG'S TOLUSE OLORUNNIPA: "White House Predicts 'Heck of a Lot' of Companies Sharing Apple Pain": "'It's not going to be just Apple,' CEA chairman Kevin Hassett said in an interview on CNN. 'There are a heck of a lot of U.S. companies that have sales in China that are going to be watching their earnings being downgraded next year until we get a deal with China.'

"Hassett argued that it is a softer economy in China that is cutting into U.S. companies' sales there and that economic pain gives Trump leverage in ongoing trade negotiations. 'That puts a lot of pressure on China to make a deal,' he said. In the long run, U.S. companies should benefit despite the short-term damage to their bottom line, he added." Bloomberg

THE TRUMP ADMINISTRATION -- "Trump administration considers rollback of anti-discrimination rules," by WaPo's Laura Meckler and Devlin Barrett: "A recent internal Justice Department memo directed senior civil rights officials to examine how decades-old 'disparate impact' regulations might be changed or removed in their areas of expertise, and what the impact might be ... Similar action is being considered at the Education Department and is underway at the Department of Housing and Urban Development.

"Under the concept of disparate impact, actions can amount to discrimination if they have an uneven effect even if that was not the intent, and rolling back this approach has been a longtime goal of conservative legal thinkers. Past Republican administrations have done little to erode the concept's application, partly out of concerns that the Supreme Court might disagree, or that such changes would be unpopular and viewed as racist. Civil rights advocates said diminishing this tool could have sweeping consequences." WaPo

2020 WATCH -- HOLLY OTTERBEIN: "The little-noticed change that could boost Biden and hurt Bernie in 2020": "Several states that caucused in 2016 will hold primaries instead in 2020, potentially dealing a blow to Sanders and other Democratic hopefuls with zealous followings. ...

"[F]our of the caucus states that Sanders won - Nebraska, Idaho, Minnesota, and Colorado - will use primaries to determine how many pledged delegates were allocated to each Democratic candidates. More could soon follow. ... That dramatic shift could affect not only Sanders if he runs, Democrats said, but progressives in general." POLITICO

-- HE'S NOT RUNNING! ... MARTIN O'MALLEY in THE DES MOINES REGISTER: "Here's who I'd like to see run for president. (Hint: It's not me)": "I believe we need new leadership to make that future a reality. And, I believe the new leader who can best bring us together and turn us around to create that better American future, is Beto O'Rourke." Des Moines Register

-- ANOTHER PICK ... "Dianne Feinstein's 2020 pick: Joe Biden," by Burgess Everett: "The Democratic senator, fresh off reelection to a fifth term, told a pair of reporters on Thursday morning that the former vice president and Delaware senator is the ideal choice to run against President Donald Trump. ... Feinstein said she hasn't spoken to Biden about her hopes that he runs. 'That's just my view,' she said." POLITICO

THE LATEST KHASHOGGI FALLOUT -- AP'S JON GAMBRELL in Dubai: "Saudi Arabia says 5 face death penalty in Khashoggi killing": "Prosecutors announced that 11 suspects in the slaying attended their first court hearing with lawyers, but the statement did not name those in court. It also did not explain why seven other suspects arrested over the Oct. 2 killing at the Saudi Consulate in Istanbul did not immediately face formal charges." AP

REMEMBERING KEVIN MCINTYRE -- E&E NEWS' ROD KUCKRO: "Kevin McIntyre, who served the briefest tenure ever as the nation's top energy regulator at the Federal Energy Regulatory Commission, died yesterday. McIntyre had been diagnosed with brain cancer in 2017 and previously had surgery to remove the tumor. A setback in his condition led him to step away from the chairman's role on Oct. 24. ...

"McIntyre led a number of important initiatives such as launching a resilience proceeding in response to [Energy Secretary Rick] Perry's request as well as a review of FERC's 1999 policy statement on certification of natural gas pipelines. ... As chairman, he also presided over a raft of 3-2 decisions in favor of natural gas pipelines that featured a party-line split among the commissioners." E&E

DEPT. OF MAKING MOVES -- GREENVILLE NEWS' ERIC CONNER: "Trey Gowdy swears off politics as he joins power firm Nelson Mullins in Greenville": "The Spartanburg Republican's eight-year congressional tenure ended Thursday, and Gowdy told The Greenville News he has no plans to return to politics, including as a government lobbyist.

"'There's no way I'll return to it,' Gowdy said before announcing his new role at the firm. 'I'm not going to lobby. And if I enjoyed politics, I wouldn't be leaving.'" Greenville News

SPOTTED: Former Labor Secretary Robert Reich in San Miguel de Allende, Mexico, shopping in the Mercado de Artesanías. Pic ... Rep. Nydia Velazquez (D-N.Y.) going through TSA security at San Juan Airport with San Juan Mayor Carmen Yulín Cruz. Pic ...

... Sen. Bob Menendez (D-N.J.) dining in the bar area at Morton's The Steakhouse Dupont on Wednesday evening. ... Former Kansas Govs. Kathleen Sebelius and Sam Brownback separately on a Southwest flight this morning from Kansas City to DCA.

MEDIAWATCH -- Jamelle Bouie will be an opinion columnist at the NYT. He is currently chief political correspondent at Slate.

HILL MOVES -- Roz Leighton is now chief of staff for Rep. Kelly Armstrong (R-N.D.). ... John Byers is now chief of staff for Rep. Will Hurd (R-Texas). He previously was chief of staff for Rep. Leonard Lance (R-N.J.). ... Tim Del Monico will be chief of staff for Rep. Raul Ruiz (D-Calif.). He was previously legislative director for Sen. Bob Menendez (D-N.J.). ... Grant Dubler will be legislative director for Sen. Jacky Rosen (D-Nev.). He previously was her LD in the House. ...

... Rick Dykema has left Capitol Hill after 41 years as a full-time staffer, most recently as chief of staff for Rep. Dana Rohrabacher (R-Calif.). ... Jake Wilkins will be communications director for Sen. Kevin Cramer (R-N.D.). He previously was communications director for the North Dakota Republican Party.

TRANSITIONS -- SoftBank has hired Tonya Williams as director of government affairs, Jeff Dressler as director of national security policy and Alison Jones as director of political affairs. Williams previously was VP for policy, communications and knowledge analytics at the W.K. Kellogg Foundation. Dressler previously was a national security adviser to House Speaker Paul Ryan (R-Wis.). Jones previously was director of government relations at Ford.

WELCOME TO THE WORLD -- BUSH ALUMNI -- Trey Ditto, CEO of Ditto PR and a Bush 43 alum, and Natalia Ditto, head of operations at Ditto, welcomed May Arden Ditto. Pic ... Another pic

-- Luis Montero, director of public affairs at Microsoft, and Catherine St-Laurent, director of communications at Pivotal Ventures and a Gates Foundation and Burson-Marsteller alum, welcomed Mateo Montero St-Laurent, who joins big sister Eva. Pic ... Another pic

A message from the American Petroleum Institute:

Welcome to America's Generation Energy, led by the women and men of the natural gas and oil industry. Together we power modern life by delivering the fuel, power, products and innovation that are connecting us and making lives safer, healthier and more affordable. America's abundant natural gas and oil are creating jobs, supporting communities and the economy, strengthening U.S. security and developing the technologies of the future. Generation Energy is solving complex problems, meeting unprecedented consumer demand for affordable and reliable energy while reducing the U.S. carbon footprint to its lowest level in a generation. With smart trade, infrastructure and regulatory policies,
Generation Energy is poised to accelerate U.S. energy leadership and build on the environmental progress we've achieved. See how we're doing it and join us at PowerPastImpossible.org.

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