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Presented by Delta Air Lines: Playbook is POLITICO's must-read briefing on what's driving the day Nov 14, 2018 View in browser
By Anna Palmer, Jake Sherman, Daniel Lippman and Garrett Ross

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INSIDE THE ROOM ... HOUSE DEMOCRATS met this morning for their first post-election meeting. Here is what went down:

-- DCCC CHAIRMAN BEN RAY LUJAN got a standing ovation for helping bring Democrats back to the majority. Reps. Beto O'Rourke (D-Texas), Jacky Rosen (D-Nev.), Keith Ellison (D-Minn.) and Kyrsten Sinema (D-Ariz.) got applause for their statewide races. O'Rourke lost his race for Senate, but Rosen and Sinema won Senate seats and Ellison is attorney general. New governors also got applause: Michelle Lujan Grisham, who will be the next governor of New Mexico; Tim Walz, the governor elect of Minnesota; and Jared Polis, the governor elect of Colorado.

-- HERE'S WHAT PELOSI SAID: "Every place I went in the last week or so ... they said thank you for saving our country." ... COMPARING THIS WIN TO 2006: "This is a far bigger victory because there is far greater urgency."

-- PELOSI said income disparity is a top Democratic priority. CEOs, she said, once made 40 times workers, now they make 400 times. "The middle class is the backbone of our democracy." She said Democrats won't think or work incrementally.

NOTES: In a gaggle after the meeting, OHIO REP. TIM RYAN said he would not vote for Pelosi on the floor, no matter what and said he believes she will not have the votes to win the speakership ... PELOSI told a gaggle of reporters a few times that she'll be speaker, regardless of the stated opposition.

AND IN THE SENATE ... BURGESS EVERETT: "Ernst joins GOP Senate leadership": "Sen. Joni Ernst of Iowa on Wednesday beat Nebraska's Deb Fischer to win the Republican Senate conference vice chair, the only contested leadership race, according to Sen. Tim Scott (R-S.C.). It marks the first time in eight years a woman has joined the Senate GOP leadership.

"Mitch McConnell and Chuck Schumer were re-elected by voice vote to lead their respective parties, according to sources familiar with the decisions. ... No one opposed Schumer vocally, including Sen.-elect Kyrsten Sinema if Arizona, who had said she would not support Schumer during the campaign, according to two senators. ...

"The biggest shake up in the chamber is Senate Majority Whip John Cornyn of Texas, who is term-limited, leaving the elected leadership and being replaced by John Thune of South Dakota.

"Democrats left the leadership meeting without making a decision on the Democratic Senatorial Campaign Committee job, though Sen. Catherine Cortez Masto of Nevada, a favorite for the position, has discussed the matter with Schumer, according to multiple Democratic sources. Sen. Todd Young (R-Ind.) is expected to lead the GOP's campaign arm." POLITICO

-- MARIANNE LEVINE: "Schumer to Trump: Stay out of budget talks"

Good Wednesday afternoon. SPOTTED: Seb Gorka on the 8 a.m. Acela to New York, reading "Time To Get Tough," by Donald Trump.

THE LATEST IN FLORIDA ... MATT DIXON in Tallahassee: "Federal prosecutors reviewing altered election documents tied to Florida Democrats": "The Florida Department of State last week asked federal prosecutors to investigate dates that were changed on official state election documents, the first voting 'irregularities' it has flagged in the wake of the 2018 elections.

"The concerns, which the department says can be tied to the Florida Democratic Party, center around date changes on forms used to fix vote-by-mail ballots sent with incorrect or missing information. Known as 'cure affidavits,' those documents used to fix mail ballots were due no later than 5 p.m. on Nov. 5 - the day before the election. But affidavits released on Tuesday by the DOS show that documents from four different counties said the ballots could be returned by 5 p.m. on Thursday, which is not accurate." POLITICO

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WHITAKER WATCH ... WAPO'S DEVLIN BARRETT: "Justice Dept. releases legal memo defending Whitaker's appointment as acting attorney general": "The Justice Department's Office of Legal Counsel, which provides legal guidance to the federal government, said in a 20-page memo that past practice, court rulings and legal analysis show that the Whitaker appointment is legal. In particular, it says the scenario is expressly authorized by the 1998 Federal Vacancies Reform Act.

"The memo also notes that before Sessions was forced out of the job, the White House had sought advice from the OLC and was told that Whitaker could be appointed." WaPo

-- "Incoming committee chairs launch probe into Whitaker's involvement with patent company," by Rebecca Morin: "A team of House Democrats who will assume high-profile committee chairmanships next year has opened an investigation into acting Attorney General Matt Whitaker's involvement with a patent firm that allegedly defrauded customers out of millions of dollars.

"Reps. Elijah E. Cummings (D-Md.), Jerrold Nadler (D-N.Y.), Frank Pallone, Jr. (D-N.J.) and Adam Schiff (D-Calif.), sent seven letters requesting information on Whitaker's participation with World Patent Marketing, which was charged last year by the Federal Trade Commission with promoting an 'invention-promotion scam.' Whitaker, who became acting attorney general last week after the removal of Attorney General Jeff Sessions, was on the advisory board for World Patent Marketing." POLITICO

THE INVESTIGATIONS ... WSJ'S NATALIE ANDREWS: "Senators to Seek Vote on Bill That Would Protect Mueller": "Sens. Jeff Flake (R., Ariz.) and Chris Coons (D., Del.) plan to request a Senate floor vote Wednesday on legislation to protect special counsel Robert Mueller from being fired, aides said. ... The bill passed the Judiciary Committee in April, but hasn't been brought to the floor for a vote. Senate Majority Leader Mitch McConnell has cast doubt that it is necessary." WSJ

-- PELOSI indicated she was in favor of this bill today.

MORE ON CNN'S LAWSUIT ... "White House, in fight with CNN, argues Trump has 'broad discretion' to police journalists' access," by Matthew Choi: "The White House on Wednesday said President Donald Trump has 'broad discretion' to regulate journalists' access, arguing in its formal response to a lawsuit by CNN that correspondent Jim Acosta's press pass was revoked because of conduct that 'disrupts press events.'

"'The President and White House possess the same broad discretion to regulate access to the White House for journalists (and other members of the public) that they possess to select which journalists receive interviews, or which journalists they acknowledge at press conferences,' the White House said in a legal filing Wednesday. 'No journalist has a First Amendment right to enter the White House,' the White House said." POLITICO

-- FOX NEWS PRESIDENT JAY WALLACE said in a statement: "FOX News supports CNN in its legal effort to regain its White House reporter's press credential. We intend to file an amicus brief with the U.S. District Court. Secret Service passes for working White House journalists should never be weaponized. While we don't condone the growing antagonistic tone by both the President and the press at recent media avails, we do support a free press, access and open exchanges for the American people."

-- Other media organizations that joined the amicus brief: AP, Bloomberg, First Look Media Works, Gannett, NBC, NYT, POLITICO, E.W. Scripps Company, USA Today and WaPo.

FOR THOSE KEEPING TRACK ... NYT'S NICK FANDOS and MAGGIE HABERMAN: "Trump Expected to Endorse Deal to Change Nation's Sentencing Laws": "President Trump was expected to lend his support to a substantial rewrite of the nation's prison and sentencing laws at an event at the White House on Wednesday afternoon, but opponents of the proposal were making a last-ditch attempt to dissuade him from signing on. ...

"The fact that the White House had not yet scheduled the announcement was an indication that the famously mercurial president could change his mind, people close to the process said. Senators and outside advocates for the changes were fretting about that possibility Wednesday morning." NYT

VP PENCE ABROAD -- "Vice President Mike Pence confronts Myanmar's Suu Kyi over Rohingya persecution," by NBC's Vaughn Hillyard in Singapore: "Sat next to Suu Kyi and with the news media present, Pence said her country's atrocities were 'without excuse.' The vice president also called on her to hold those responsible to account. ...

"Pence also implored Suu Kyi to protect the rights of a free press. Two Reuters journalists remain imprisoned nearly one year after being arrested while reporting on the Rohingya crisis. 'In America, we believe in democratic institutions and ideals, including a free and independent press,' Pence said. 'The arrests and jailing of two journalists last fall was deeply troubling to millions of Americans.'" NBC

ON THE WORLD STAGE -- "U.S. Military's Global Edge Has Diminished, Strategy Review Finds," by NYT's Eric Schmitt: "The Pentagon's new focus on threats from China and Russia after almost two decades of fighting terrorism 'too often rests on questionable assumptions and weak analysis,' an independent bipartisan commission concluded in a sharply critical report issued on Wednesday that challenges President Trump's commitment to supporting a strong military.

"Over all, the panel that was appointed last year by Congress praised the general direction of the National Defense Strategy that was issued in January by Defense Secretary Jim Mattis. But it warned that projected budget shortfalls, overtaxed military forces around the globe and other risks were imperiling the plan, just as it was taking effect." NYT

-- WAPO'S RUTH EGLASH and LOVEDAY MORRIS in Jerusalem: "Israel's hawkish defense minister resigns from the government over Hamas truce"


NYT'S ADAM LIPTAK: "Conservative Lawyers Say Trump Has Undermined the Rule of Law": "The annual convention of the Federalist Society, the conservative legal group, has long been a glittering and bustling affair. ... But as the group prepares to gather on Thursday for the start of this year's convention, more than a dozen prominent conservative lawyers have joined together to sound a note of caution.

"They are urging their fellow conservatives to speak up about what they say are the Trump administration's betrayals of bedrock legal norms. ... The group, called Checks and Balances, was organized by George T. Conway III, a conservative lawyer and the husband of President Trump's counselor, Kellyanne Conway." NYT

CARLA MARINUCCI in San Francisco for POLITICO MAGAZINE: "California's New Governor Has a Problem: His Own Party": "[Gavin Newsom] must be able to do two things at once: Stay on top of the key issues that have made him a leader of the 'State of Resistance' against President Donald Trump, while simultaneously establishing himself as a power broker in Sacramento who can manage a booming economy and $16 billion total in surplus and 'rainy day' reserves as hungry Democrats push for new spending and initiatives. ...

"Although Newsom insists he is keeping his focus entirely on California for the next eight years, his path could be mined with political risks, should the state's currently booming economy run out of gas - and the costly effects of wildfires and climate change could tarnish even a popular young governor's future prospects." POLITICO Magazine

2020 WATCH -- "Democracy for America installs first female chief executive," by David Siders: "The progressive political action committee Democracy for America is appointing its first female chief executive as it reorganizes ahead of the 2020 presidential campaign, while Jim Dean will step down from his role as chair.

"Yvette Simpson, a former Cincinnati councilwoman, will become chief executive Jan. 1, the first woman of color to hold an executive leadership role at the organization, the group said. The appointment represents a generational shift for DFA, as younger, nonwhite voters and candidates put their mark on progressive politics nationwide." POLITICO

-- NATASHA KORECKI: "New effort promises 1,000 trained Democratic staffers for 2020": "Anticipating a sprawling Democratic presidential field and a shortage of experienced, high-quality campaign professionals, a left-leaning group is launching a $4.5 million effort to train 1,000 staffers to be ready in time for 2020 combat.

"The group, called Arena, will begin holding training academies across the country in 2019, with a goal of deploying at least 450 of those trainees onto Democratic presidential primary campaigns or in state legislative races." POLITICO

-- THE POST AND COURIER'S JAMIE LOVEGROVE: "As 2020 presidential race gears up, first SC Democratic operative joins potential campaign": "As Eric Garcetti continues to consider a 2020 presidential campaign, a political action committee aligned with the Los Angeles mayor has brought on a top South Carolina Democratic operative, one of the first hires by a prospective candidate in the early primary state.

"Phil Chambers, who was a senior advisor on James Smith's campaign for governor and the chief of staff to S.C. Democratic Party chairman Trav Robertson, started working Monday in a leadership role at the Los Angeles-based Democratic Victory Fund." Post and Courier

-- Michael Starr Hopkins has joined Rep. John Delaney's 2020 presidential campaign as press secretary. He previously was a senior communication strategist for CateComm and is a Hillary 2016 and Obama 2008 alum.

FOR YOUR RADAR ... AP: "Two journalists who helped cover the confirmation process of Brett Kavanaugh are working on a book about the newest Supreme Court justice. Portfolio says Wednesday that it has a deal with New York Times reporters Kate Kelly and Robin Pogrebin for 'The Education of Brett Kavanaugh.'

"The publisher says the book will focus on the 'many unanswered questions' about Kavanaugh, who faced allegations of sexual harassment and assault stemming from his years in high school and college." AP

TRANSITIONS -- Tom Reno is COO at Precision Strategies. He previously was COO at Burson, Cohn and Wolfe. ... Patrick Wilson is now director of the office of business liaison at the Department of Commerce. He previously was a lobbyist for Cummins.

WELCOME TO THE WORLD -- Sara Ganim, a CNN correspondent, and Danny Cevallos, an NBC News and MSNBC legal analyst, partner at Cevallos Wong LLP and of counsel at Edelman & Edelman, welcomed Leyna Franziska Cevallos. Pic ... Another pic

-- OBAMA ALUMNI: Emily Teitelbaum, VP of public affairs at Edelman and a Jim Webb alum, and Josh Teitelbaum, counsel at Akin Gump and an alum of Steve Israel, Kay Hagan, and the Obama Commerce Dept., welcomed Eloise Maeve Teitelbaum. Pic


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