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Today's POLITICO Playbook presented by the National Retail Federation

By JAKE SHERMAN (sherman@politico.com; @JakeSherman), ANNA PALMER (anna@politico.com; @apalmerdc) and DANIEL LIPPMAN (daniel@politico.com; @dlippman)

Listen to today's Audio Briefing | Subscribe on Apple Podcasts | Visit the online home of Playbook
Driving the Day
Good Wednesday morning. WHERE WE ARE ... GOV'T SHUTDOWN EDITION: LATE LAST NIGHT, in the bowels of the Capitol, HOUSE REPUBLICANS snacked on Carmine's Italian food -- the smell was really, really strong -- and heard their leadership's most recent plan to keep the government open.

SPEAKER PAUL RYAN and HOUSE MAJORITY LEADER KEVIN MCCARTHY returned from a GOP leadership retreat with a plan to extend government funding for another 28 days, while reauthorizing the Children's Health Insurance Program for six years. WHY? It could be a way to get some waffling Democrats at a low price.

THE LEGISLATION also delays the implementation of the medical device tax -- there is a bit of regional bipartisan opposition to that; it delays the tax on high-end health insurance programs; and it delays the health-insurance tax, which is about to kick in.

PATRICK MCHENRY of North Carolina -- the party's chief deputy whip (and a new dad for the second time!) -- will lead a vote count whip of this plan today. The GOP goal is to pass this bill with Republican votes only, although most Republicans say a few Dems might peel off once the bill gets close to passage.

HOW THIS COULD FALL APART: Two pockets of Republicans to keep an eye on: conservatives and defense hawks. Most conservatives seem to realize they can't reject this plan. But you can see strategically why they might: this short-term deal sets up a big immigration compromise, and a massive spending-cap accord next month -- neither of which is expected to get much conservative support. Some conservatives are pushing for a plan that simply will not work: a full year of defense funding combined with a month of funding for the rest of the government. That all being said, it seems like this leadership plan has a decent chance of working. More from Rachael Bade, Sarah Ferris, John Bresnahan and
Jennifer Scholtes http://go.politicoemail.com/?qs=03982b29442811b5953c3399172559393f28fda81a121e1851dc626acab257595f90bc6296f9cf5604f854170293be22

HUFFPO'S MATT FULLER, a constant chronicler of all things House Freedom Caucus, has CHAIRMAN MARK MEADOWS skeptical of this plan, and pushing for the non-starter strategy. MEADOWS controls enough votes that he could tank this, and throw the government into shutdown. A year or so ago, he wasn't that powerful -- nor was the Freedom Caucus. But that's an honest assessment of the dynamics today. http://go.politicoemail.com/?qs=03982b29442811b51d3c4979fc10701d476d24c2793e1ee1dd44f1053f603ab9c0edf3812ed1d919afa9d42215117927

THE BET: If the House squeezes this through Thursday, SENATE MINORITY LEADER CHUCK SCHUMER (D-N.Y.) does not block passage. Stay tuned for developments on this front.

THE WHITE HOUSE doesn't want a shutdown -- even though they say they will blame it on Democrats, the administration has been working over Republicans to ensure the thing doesn't shut down.

WHY THIS DEAL, WHILE CRUCIAL, IS KIND OF GOOFY: It delays the inevitable. We're going to be back here in one month, with the same issues at hand. Congress will need to fund the government, and they'll want to pass a big spending increase and an immigration deal. The incentive structure stays the same.

WHY FEBRUARY BECOMES REALLY, REALLY MESSY: Republican leadership believes it will have to raise the debt limit by March. A deal that will boost spending by $100 billion. An immigration deal. And lifting the debt cap. Oof. That's quite the month.

BY THE WAY ... WE HEAR the White House will release its infrastructure plan Jan. 30 -- in time for the State of the Union. They've been saying they'll release an infrastructure plan for months.

HAPPENING TODAY... MAYBE? The White House announced that the Fake News Awards were to be released today. Sarah Huckabee Sanders said it was a "possible event" today.

WHAT'S ON PRESIDENT TRUMP'S MIND -- @realDonaldTrump at 6:19 p.m.: "New report from DOJ & DHS shows that nearly 3 in 4 individuals convicted of terrorism-related charges are foreign-born. We have submitted to Congress a list of resources and reforms...." ... at 6:20 p.m.: "....we need to keep America safe, including moving away from a random chain migration and lottery system, to one that is merit-based."

NOT A GOOD SIGN FOR REPUBLICANS -- "Democrats grab key Wisconsin Senate seat in Tuesday's special elections," by the Milwaukee Journal Sentinel's Patrick Marley: "Democrats snagged a GOP-leaning state Senate seat in western Wisconsin on Tuesday, buoying progressive hopes that they could ride a wave of victory this fall. Patty Schachtner, the chief medical examiner for St. Croix County, will take the seat that had been held for 17 years by former Sen. Sheila Harsdorf (R-River Falls). Harsdorf stepped down in November to take a job as GOP Gov. Scott Walker's agriculture secretary." http://go.politicoemail.com/?qs=03982b29442811b5e6fcb78a1d83836378748e88143af1dd171dfdbec4a76671e6a6915ad3f9debf290866e7897183e6

-- TRUMP won this district 55-38 and Republicans have held this state Senate seat since 2000.

-- @ScottWalker: "Senate District 10 special election win by a Democrat is a wake up call for Republicans in Wisconsin." ... @Taniel: "4 elections in deeply Trump districts tonight. All saw huge swing toward Dems compared to 2016 pres results. Using @dkelections district #s: SC #HD99: +15% net swing toward Dems ... IA #HD06: +18% ... WI #SD10: +24% or +27% ... WI #AD58: +25%".


****** A message from the National Retail Federation: Retail is innovation. STORY founder Rachel Shechtman reinvents her shop every three to six weeks to give her customers an experience they can't get from their couch. Watch her story. ******

BANNON WATCH -- NBC NEWS SCOOP: "Bannon plans to cooperate with special counsel in Russia probe, source says," by Hallie Jackson, Kristen Welker and Julia Ainsley: "FBI agents showed up at Steve Bannon's Washington home last week intent on serving him with a subpoena to appear before a grand jury investigating possible ties between President Donald Trump's campaign and Russia, according to a source familiar with the proceedings.

"The agents were unaware at the time that Bannon had retained Washington lawyer Bill Burck just hours earlier, according to two people familiar with the events that took place on Jan. 9. Once redirected, the agents sent the order to Burck who is also representing two other witnesses in the probe being led by former FBI director Robert Mueller. Bannon, who served as President Donald Trump's chief strategist until he departed the White House in August, could end up being interview by Mueller's team before the end of the month, according to one source who agreed to discuss the matter on the condition of anonymity.

"The subpoena compels Bannon to testify before a grand jury, skipping the voluntary interview with Mueller's team that many in Trump's orbit have elected to take. But Mueller may still leave open the option for an interview in lieu of grand jury testimony. Bannon is likely to accept such an option if it is made available, according to a source close to Bannon." http://go.politicoemail.com/?qs=03982b29442811b5e05958314ee00ff28c54851a485dc1e46bc2950890b83a518535445cbf5645e24458e3755560c811

-- "Steve Bannon Will Tell All to Robert Mueller, Source Says," by the Daily Beast's Betsy Woodruff: "Former White House chief strategist Steve Bannon broke some bad news to House investigators on Tuesday, announcing that the White House has invoked executive privilege to keep him from answering many of their questions. But executive privilege-the president's right to keep certain information from the public so he can have frank conversations with aides-will not keep Steve Bannon from sharing information with Special Counsel Robert Mueller's team, according to a person familiar with the situation. 'Mueller will hear everything Bannon has to say,' said the source, who is familiar with
Bannon's thinking." http://go.politicoemail.com/?qs=03982b29442811b587a9a6daf03639d460cde3a3ad08deaabd0033a3bb96ccc59d6dcc697fc967abced187cce4427656

BACK ON THE HILL -- "Lawmakers vow to force answers from Bannon in Russia probe after he defies subpoena," by Kyle Cheney: "Lawmakers investigating Russian election interference vowed Tuesday to force answers from Steve Bannon after the former senior strategist to President Donald Trump stonewalled their inquiries -- even after the committee issued bipartisan subpoena. Lawmakers in both parties attributed Bannon's silence to the White House, which they said told him to refuse to discuss his time in the West Wing or on Trump's transition team. Bannon's refusal to speak clearly angered lawmakers on the House Intelligence Committee, who vowed to make him speak.

"'We're going to get answers from Mr. Bannon,' said Rep. Mike Conaway (R-Texas), the top Republican on the committee's probe of Russian interference in the 2016 presidential election. Tensions flared early in the proceedings when Bannon informed the committee that he was refusing to answer any questions about his time in the White House or on the post-election transition, infuriating Democrats and Republicans on the panel, who subpoenaed him on the spot, according to a source familiar with the interview." http://go.politicoemail.com/?qs=03982b29442811b5d217570eeee679a09ba0ca1af4459142aaa13784841ccd3ce0e0145ee39965124fea816f6f31d40e

-- "Corey Lewandowski Lawyers Up for Russia Probe," by the Daily Beast's Betsy Woodruff: "The Daily Beast has learned that Peter Chavkin, of Mintz Levin, is representing Lewandowski for purposes of the Russia investigations. ... Chavkin has significant experience representing people with messy legal situations. His law-firm bio says he's represented Ruth Madoff for years, and also represented two investors in the disastrous Fyre Festival." http://go.politicoemail.com/?qs=887aeb2436cacd0de701ff41256679479cb47222a95192f23d0fd4fe9e68427ea42747144dba4a091093d3ff5a6561a7

2018 WATCH -- DARREN SAMUELSOHN: "Robert Mueller's Russia probe isn't ending any time soon, and that's bad news for President Donald Trump and congressional Republicans already bracing for a possible 2018 Democratic midterm wave. While many Republicans insist the Trump-Russia saga is overblown, they worry that headlines about federal indictments, high profile trials-and a potential blockbuster meeting between Mueller and Trump himself-could obscure their positive message ahead of November elections that could threaten their House and Senate majorities.

"In an ominous development for Republicans, a federal judge overseeing the upcoming trial of former Trump campaign manager Paul Manafort and his deputy Rick Gates rejected Mueller's request to begin in May and instead outlined a scheduled start as soon as September or October-peak election season." http://go.politicoemail.com/?qs=887aeb2436cacd0dd7992b78cbb19bcc6de5f41764712d2d20c1c2e1565fea07c35408589be85d0d31641f3a0755a5a3

NEW POLITICO/MORNING CONSULT POLL -- "Oprah 2020 gets low ratings from voters," by Steven Shepard: http://go.politicoemail.com/?qs=887aeb2436cacd0d93c05aa2e65bc41b0f552683aaba7895d1bb37ad11c507ec5303ecf25eb7fb85e20f08f7f66f51dc

HOW TRUMP SPENDS HIS TIME -- "A window inside Trump's morning 'executive time,'" by CNN's Kaitlan Collins: "The President has multiple cellphones, which senior aides have privately but jocularly referred to as 'Trump One' and 'Trump Two,' but he prefers to make calls from the landline and through the White House switchboard in the morning. Who he calls largely depends on the time of day. His mornings are typically reserved for staffers and lawmakers, who he sometimes calls immediately after they've appeared on cable news. Later, after he is animated by the day's news, Trump will ring up old friends, former staffers and cable news hosts to ask for advice or fume about the day's coverage. One
of the President's outside advisers believes this is because Kelly has typically left the White House by 6 p.m., and Trump is once again free to do as he pleases." http://go.politicoemail.com/?qs=887aeb2436cacd0d7357b7e6bff7282347b8151ebb73b9601f5865f1c9481f553bf2f6d06673e3a680c88d64e31a11e5

W.H. DOC ON TRUMP: 239 LBS., COGNITIVE SKILLS INTACT, BUT NEEDS TO HIT THE GYM AND EAT BETTER ... NYT'S MIKE SHEAR and LAWRENCE K. ALTMAN M.D.: "President Trump's White House physician said Tuesday that the president received a perfect score on a cognitive test designed to screen for neurological impairment, which the military doctor said was evidence that Mr. Trump does not suffer from mental issues that prevent him from functioning in office.

"'I've found no reason whatsoever to think the president has any issues whatsoever with his thought processes,' Dr. Ronny L. Jackson, a rear admiral in the Navy and the White House physician, told reporters on Tuesday. ...

"Over all, Dr. Jackson said, Mr. Trump's health was 'excellent,' with mostly normal results on a battery of tests and examinations. He said Mr. Trump, 71, has remarkably good cardiac health, probably because he does not smoke or drink alcohol.

"But he did say that Mr. Trump's weight is 239 pounds and that he is too sedentary. His cholesterol is too high, despite taking medicine to lower it, and Dr. Jackson said Mr. Trump would be increasing the 10-milligram dosage of Crestor to better control it. At 6 feet 3 inches tall, Mr. Trump has a body mass index of 29.9, which is just shy of officially being obese. A New York driver's license issued in 2012 listed him as 6 feet 2 inches tall, which would put him just into the obese category." http://go.politicoemail.com/?qs=887aeb2436cacd0d65945367ee16b364e2d87211057003d4607a6f1591fe4b6dc21ea001c2718a660791517c8803911b ... Summary of the President's physical released by the White House http://go.politicoemail.com/?qs=887aeb2436cacd0da0c4a555bbc2f91f11c7d28a2fddc0d27e984fc457ca4b7fdef16255850d1fd0b1471eb838438ec9

GRADING THE COVERAGE -- "The media pokes and prods at Trump's health," by Jason Schwartz: "'Does the president watch too much TV?' 'Is he limited to one scoop of ice cream now?' 'Did you address drug addiction?' There were plenty of important questions asked to Rear Admiral Ronny Jackson, President Donald Trump's personal physician, during his nearly hour-long marathon briefing on Trump's health. But the longer it went on, the more opportunity it gave reporters to exhaust every question they could think of -- leading some on the right to paint the media as unwilling to accept that the president is in good health.

"Donald Trump, Jr. weighed in on Twitter, saying, 'Watching media trying to ask the Rear Admiral Jackson (The White House Dr) questions in ways that leaves an opening to attack @realDonaldTrump's health after an amazing report, cognitive & otherwise, is like watching Dumb & Dumber 1:1,000,000 'So you're saying there's a chance!'" http://go.politicoemail.com/?qs=887aeb2436cacd0d0cec6cb79c218cadd761c5679fbe7216cebdd74df983ecf620ba6a5558091ef8d04d043ec0b3c818

TOP TWEETS -- @danpfeiffer: "Dr. Jackson is a phenomenal doctor and a really great guy. He and his team took great care of all of us for many years" ... @margarettalev: "For everyone watching at home: An extended public briefing and Q and A session like this by a sitting president's chief White House physician is highly unusual - and would be a huge historical development if it becomes standard practice."

FOR YOUR RADAR -- "Pentagon Suggests Countering Devastating Cyberattacks With Nuclear Arms," by NYT's David E. Sanger and William J. Broad: "A newly drafted United States nuclear strategy that has been sent to President Trump for approval would permit the use of nuclear weapons to respond to a wide range of devastating but non-nuclear attacks on American infrastructure, including what current and former government officials described as the most crippling kind of cyberattacks. For decades, American presidents have threatened 'first use' of nuclear weapons against enemies in only very narrow and limited circumstances, such as in response to the use of biological weapons against the United
States. But the new document is the first to expand that to include attempts to destroy wide-reaching infrastructure, like a country's power grid or communications, that would be most vulnerable to cyberweapons." http://go.politicoemail.com/?qs=887aeb2436cacd0d28274b022fab8dcac5c331948cd65253232afa5076a840d05a3f941083f8906f989009b0ae9779cc

AT FOGGY BOTTOM -- "Morale disintegrates at State Department as diplomats wonder who will quit next to escape Trump," by McClatchy's Franco Ordonez: "News of John Feeley's resignation's Friday sent shock waves through the State Department where the ambassador of Panama was seen as a rising star and a potential future assistant secretary - and more than a dozen State staffers said it caused them to question their own commitment to an administration they feel is undercutting the department's work and U.S. influence in the world. ... U.S. officials said dozens of email messages were flying around the State Department about Feeley's decision to leave. ... 60 percent of the State Departments'
top-ranking career diplomats have left." http://go.politicoemail.com/?qs=887aeb2436cacd0dc21bfd33bd3ffb5f75d5eaaf94705792d33ba29c5a1e1925b0c934c2a48eace5557e75c72f432b78

THE TRUMP ADMINISTRATION -- "Administration to shield health workers who refuse to perform abortions or treat transgender patients," by Dan Diamond and Jen Haberkorn: "The Trump administration is planning new protections for health workers who don't want to perform abortions, refuse to treat transgender patients based on their gender identity or provide other services for which they have moral objections. Under a proposed rule - which has been closely guarded at HHS and is now under review by the White House - the HHS office in charge of civil rights would be empowered to further shield these workers and punish organizations that don't allow them to express their moral objections,
according to sources on and off the Hill. HHS did not respond to multiple requests for comment." http://go.politicoemail.com/?qs=887aeb2436cacd0d4b76705f476fa0563f4558f604b63513272432e322363a870cd03cfe90c9c747d29334d3c3324573

-- "Nearly all members of National Park Service advisory panel resign in frustration," by WaPo's Juliet Eilperin: "Three-quarters of the members of a federally chartered board advising the National Park Service abruptly quit Monday night out of frustration that Interior Secretary Ryan Zinke had refused to meet with them or convene a single meeting last year. The resignation of nine out of 12 National Park System Advisory Board members leaves the federal government without a functioning body to designate national historic or natural landmarks. It also underscores the extent to which federal advisory bodies have become marginalized under the Trump administration. In May 2017, Zinke suspended
all outside committees while his staff reviewed their composition and work." http://go.politicoemail.com/?qs=887aeb2436cacd0dd6d41ddf3685ad0dc8d5242e7f2e2eea73b8ed0520312c0df61e409ef1f0ce8657a4e8ecf8d3477b

TRUMP'S WEDNESDAY -- The president will attend a congressional gold medal ceremony honoring former Sen. Bob Dole this afternoon.

-- TODD PURDUM on Dole: "From hatchet man to dealmaker: Bob Dole's path to the Congressional Gold Medal": http://go.politicoemail.com/?qs=887aeb2436cacd0d9a8289c97fb4bd7634189d6cf096e535c33d79a014e658a45f109419ae97fe2bba75652bc2b573b0

FIRST IN PLAYBOOK -- SENATE HOMELAND SECURITY is holding a hearing today about "Unintended Consequences: Medicaid and the Opioid Epidemic." Here's the report they'll put out alongside the hearing. http://go.politicoemail.com/?qs=887aeb2436cacd0df9895b65f76b95e9959bc2c1206db80d31981685d460f4488b7475422d2b8efcf2db6c045bda3854


Playbook Reads


PHOTO DU JOUR: Former White House strategist Steve Bannon is escorted from a House Intelligence Committee meeting where he was interviewed behind closed doors on Capitol Hill on Jan. 16. | Jacquelyn Martin/AP Photo

BUSTED -- "Ex-C.I.A. Officer Suspected of Compromising Chinese Informants Is Arrested," by NYT's Adam Goldman: "A former C.I.A. officer suspected by investigators of helping China dismantle United States spying operations and identify informants has been arrested, the Justice Department said on Tuesday. The collapse of the spy network was one of the American government's worst intelligence failures in recent years. The arrest of the former officer, Jerry Chun Shing Lee, 53, capped an intense F.B.I. inquiry that began around 2012, two years after the C.I.A. began losing its informants in China.

"Investigators confronted an enduring mystery: How did the names of so many C.I.A. sources, among the agency's most dearly held secrets, end up in Chinese hands? ... Mr. Lee, who left the C.I.A. in 2007, has been living in Hong Kong and working for a well-known auction house. He was apprehended at Kennedy Airport in New York on Monday and charged in federal court in Northern Virginia with the unlawful retention of national defense information." http://go.politicoemail.com/?qs=887aeb2436cacd0d1217dcdeed01222acc826ef4a352ad7cb69eb25a4546c210cc2f789b8a960453c2fe3d700b22baba

-- FLASHBACK, NYT, May 20, "Killing C.I.A. Informants, China Crippled U.S. Spying Operations," by Mark Mazzetti, Adam Goldman, Mike Schmidt and Matt Apuzzo: http://go.politicoemail.com/?qs=887aeb2436cacd0d24fe90e7ec78bb9673d8c67279883741bc11221b35d531dfd66850c72c92e08ad8d6d1ace36c39a2

TOP-ED - JOHN MCCAIN in WaPo, "Mr. President, stop attacking the press": "Reagan recognized that as leader of the free world, his words carried enormous weight, and he used them to inspire the unprecedented spread of democracy around the world. President Trump does not seem to understand that his rhetoric and actions reverberate in the same way. He has threatened to continue his attempt to discredit the free press by bestowing 'fake news awards' upon reporters and news outlets whose coverage he disagrees with.

"Whether Trump knows it or not, these efforts are being closely watched by foreign leaders who are already using his words as cover as they silence and shutter one of the key pillars of democracy. According to the Committee to Protect Journalists, 2017 was one of the most dangerous years to be a journalist. Last year, the organization documented 262 cases of journalists being imprisoned for their work. Reporters around the world face intimidation, threats of violence, harassment, persecution and sometimes even death as governments resort to brutal censorship to silence the truth." http://go.politicoemail.com/?qs=887aeb2436cacd0d0667c978b592943057172c7de69b6b0266ca9dbb952b4fd4e9b752ac5755e171a6b96ebee0064b91


****** A message from the National Retail Federation: Think you know what's happening in retail because you like to shop? There's more behind the storefront than you might expect. Hear retail executives like Beautycounter founder Gregg Renfrew and Bluemercury co-founder Barry Beck and industry experts like Scott Galloway discuss trends, their career stories and the future of the industry on NRF's podcast, Retail Gets Real. ******

FUN LISTEN -- ANNA talks with Washington restaurateur MARIA TRABOCCHI, who runs with her husband Fiola, Fiola Mare, Casa Luca, Sfoglina and Del Mar, in the latest Women Rule podcast. Listen to the full podcast http://go.politicoemail.com/?qs=887aeb2436cacd0de583e9707ac31ed9c360eb7e5a83e25a31ea1a3505997b9030dc394a9d89ccb8d37e0720201c0fe1

MEDIAWATCH -- "Fox News shelved story on Trump and porn actress Stormy Daniels before election," by CNN's Oliver Darcy: "Fox News had a story at the height of the presidential election that detailed an alleged sexual relationship between porn actress Stephanie Clifford -- whose stage name is 'Stormy Daniels' -- and Donald Trump, but opted not to publish it, four people familiar with the matter told CNN. ... One of the network's reporters, Diana Falzone, had filed a story in October 2016 about an alleged sexual relationship between Clifford and Trump ... Falzone had an on-the-record statement from Clifford's manager at the time, Gina Rodriguez, confirming that her client had engaged in a
sexual relationship with Trump ... and Falzone had even seen emails about a settlement. But the story never saw the light of the day, to the frustration of Falzone." http://go.politicoemail.com/?qs=887aeb2436cacd0d348ae190e55aabf3c11a954325ae8bca7a6e3002b2543f1bec13e02b31d64b128b2d5b3a950db7c5

-- "How Author Wolff Got Into Trump's White House For Tell-All Book," by Bloomberg's Jen Jacobs: "Author Michael Wolff's pitch to the White House to win cooperation for his book included a working title that signaled a sympathetic view, a counter-narrative to a slew of negative news stories early in Donald Trump's presidency. He called it 'The Great Transition: The First 100 Days of the Trump Administration.' And in part due to that title, Wolff was able to exploit an inexperienced White House staff who mistakenly believed they could shape the book to the president's liking. Nearly everyone who spoke with Wolff thought someone else in the White House had approved their participation. And it
appears that not a single person in a position of authority to halt cooperation with the book -- including Trump himself -- raised any red flags, despite Wolff's well documented history." http://go.politicoemail.com/?qs=887aeb2436cacd0d382d13bfb3666cd401ab7c094168b44b0d6b1e129a22e6f0c330d4436fb33d725f0d5e8bb65597cc

VALLEY TALK - WSJ A1, "The Antitrust Case Against Facebook, Google and Amazon," by Greg Ip: "Standard Oil Co. and American Telephone and Telegraph Co. were the technological titans of their day, commanding more than 80% of their markets. Today's tech giants are just as dominant: In the U.S., Alphabet Inc.'s Google drives 89% of internet search; 95% of young adults on the internet use a Facebook Inc. product; andAmazon.com Inc. now accounts for 75% of electronic book sales. Those firms that aren't monopolists are duopolists: Google and Facebook absorbed 63% of online ad spending last year; Google and Apple Inc. provide 99% of mobile phone operating systems; while Apple and Microsoft Corp.
supply 95% of desktop operating systems.

"A growing number of critics think these tech giants need to be broken up or regulated as Standard Oil and AT&T once were. Their alleged sins run the gamut from disseminating fake news and fostering addiction to laying waste to small towns' shopping districts. But antitrust regulators have a narrow test: Does their size leave consumers worse off? By that standard, there isn't a clear case for going after big tech-at least for now. They are driving down prices and rolling out new and often improved products and services every week. That may not be true in the future: If market dominance means fewer competitors and less innovation, consumers will be worse off than if those companies had been
restrained." http://go.politicoemail.com/?qs=887aeb2436cacd0d483c2c1c9aa92b0cb1a7a63f2ba712d40d8414e88dded1449ba882d2f17bdfa25474b8e23382ab8b

-- "From 22 state attorneys general to Mozilla, net neutrality supporters have asked a court to reject the FCC's recent repeal," by Recode's Tony Romm: "Attorneys general from 22 states, tech companies like Mozilla and other staunch net neutrality advocates filed lawsuits on Tuesday in an attempt to overturn FCC Chairman Ajit Pai's recent repeal of rules that require internet providers to treat all web traffic equally. In petitions filed in a Washington, D.C., appeals court, supporters of those protections each slammed Pai for acting in an arbitrary and capricious manner, adding that the FCC chairman had essentially ignored the public's pleas to preserve the U.S. government's online
safeguards." http://go.politicoemail.com/?qs=887aeb2436cacd0d26796d2a923671fa03fb7907fb8a47821b82892c120b2f4343ce28309bfb4a58989910d1c3f37cf5

Playbookers
SPOTTED last night at a book party hosted by the ambassador of Kuwait Salem Al-Sabah and Rima Al-Sabah in honor of former White House social secretaries Jeremy Bernard and Lea Berman, authors of "Treating People Well: The Extraordinary Power of Civility at Work and in Life" -- ($17.70 on Amazon http://go.politicoemail.com/?qs=887aeb2436cacd0d9e1fb446f8f446f4be7ee569ee1492b26883b248f1234508c897fc6f17d382119a60e3cbbb7c9aa6 former Vice President Dick Cheney and Lynne Cheney, Commerce Secretary Wilbur Ross and Hilary Ross, Treasury Secretary Steven Mnuchin, Transportation Secretary Elaine Chao, Carlos Gutierrez, Joe Hagin, Kellyanne Conway, British Amb. Sir Kim Darroch, Jordanian Amb. Dina Kawar, Moroccan Amb. Princess Lalla Joumala, Robert Allbritton, Rickie Niceta ...

... Wayne Berman, Bess Abell, Ann Stock, Capricia Marshall, Tyler Abell, Lucky Roosevelt, Wolf Blitzer, Chris and Lorraine Wallace, Sen. Roy Blunt (R-Mo.) and Abigail Blunt, Sen. Susan Collins (R-Maine), Reps. Debbie Dingell (D-Mich.) and Darrell Issa (R-Calif.), Jane Harman, Tony Podesta, Bob Barnett and Rita Braver, Buffy Cafritz, Kevin Chaffee, Michael Chertoff, Melissa Moss, Stuart and Gwen Holliday, Nancy Bagley, Anita McBride, Fred Ryan, Nick Schmit, Elizabeth Bagley, Josh Bolten, Denis and Kari McDonough, Paris Dennard and Roxanne Roberts.

BIRTHWEEK (was yesterday): former Coast Guard Commandant and Hurricane Katrina and Deepwater Horizon Federal Incident Commander Admiral Thad Allen turned 69 (hat tip: Ed Cash) ... The Morning Consult's Iulia Gheorghiu turned 26. She celebrated at The Good Silver on Saturday night (h/t Daniel Strauss)

BIRTHDAYS OF THE DAY: Rebecca Berg, CNN political reporter, who is celebrating this weekend with dinner and wine with her boyfriend. A fun fact about Rebecca: "I was once a contestant on 'The Price Is Right.' I won my game but lost in the Showcase Showdown." Read her Playbook Plus Q&A: http://go.politicoemail.com/?qs=887aeb2436cacd0d87f40d2fe37c6e555ca865cbf4c9552f7b8f6af0f0721831689e4b93b8d76083f32d5a50b439d9ec ... Chris Jones, CEO of PoliTemps/Capitolworks. His fun fact: "My favorite movie has always been 'The Godfather,' and I later found out that my great-grandfather was born in Corleone, Sicily. It's the home and the name of the fictional family in the Godfather movies. And no, I will not make you an offer you can't refuse." Q&A:
http://go.politicoemail.com/?qs=887aeb2436cacd0ddeb8d0b0405b40c8e8047a982dae0c501f54a279685bdac1789a5f39ed4ed9ec1d83eb7f7cc1824c

BIRTHDAYS: former First Lady Michelle Obama is 54 ... Maury Povich is 79 ... former FCC chairman Newton Minow is 92 ... Robert F. Kennedy Jr. is 64 ... Hunter Ward ... Politico's Steve Shepard and Joanne Kenen ... John Wagner, who covers the White House for the WaPo, is 49 ... Alyssa Franke of EMILY's List ... Al Shofe ... Nikki Schwab, U.S. political reporter at The Daily Mail and the pride of Ligonier, Pa. (h/ts Neil Grace) ... NBC News' Alex Moe (h/ts Olivia Petersen) ... Politico Europe's Cynthia Kroet and Alba Pregja ... James C. "Jim" Free, a Carter WH alum, is 71 ... David Avella, chairman of GOPAC ... Ret. RADM Stephen Gilmore, former head of the defense staff at the Australian
embassy ... No Labels co-founder Dr. Bill Galston is 72 (h/t Dennis Craig) ... Jeremy Pelofsky, SVP at Finsbury ... Tommy Joyce of Booz Allen Hamilton and an NSC and State alum (h/t Ed Cash) ... Kousha Navidar, director at West Wing Writers ...

... Steve Rabinowitz, president and co-founder of Bluelight Strategies (h/t Joanne Kenen) ... photographer Steven Purcell is 55 ... Elizabeth Hays Bradley, comms. strategy director at AARP (h/t Jon Haber) ... Dan Gilbert, majority owner of the NBA's Cleveland Cavaliers and founder and chairman of Quicken Loans, is 56 (h/t Max Neuberger) ... Charlotte Rediker ... Becca Sobel, brand partnerships associate at Away ... Julie Barko Germany, executive director of the White Coat Waste Project ... John Seabrook, staff writer at The New Yorker is 59 ... Mary Clare Rigali, associate at Albright Stonebridge ... Edelman's Katherine Wiet and Kurt Hauptman ... Haris Alic ... Karlygash Faillace ... Doug
Wilder is 86 ... Alyssa Roberts ... Barbara Riley ... YouTube's Vadim Lavrusik ... Taylor Barden ... Warren Cathedral is 57 ... Robbie Hughes is 36 ... Amit Jani ... John M. Gillespie ... Hope Tackaberry Millard ... Noelani Bonifacio ... Tegan Millspaw Gelfand ... Mark Pieschel ... John Hoyt ... Mike Spahn, COS to Sen. Patty Murray (D-Wash.) ... Norma McCuen (h/ts Teresa Vilmain)

****** A message from the National Retail Federation: Retail is innovation. STORY founder Rachel Shechtman reinvents her shop every three to six weeks to give her customers an experience they can't get from their couch. Watch her story. ******

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