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Today's POLITICO Playbook presented by DaVita

By ANNA PALMER (anna@politico.com; @apalmerdc), JAKE SHERMAN (sherman@politico.com; @JakeSherman) 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
BREAKING OVERNIGHT -- L.A. TIMES -- "Federal judge in San Francisco temporarily blocks Trump's decision to end DACA program," by Joel Rubin, Jazmine Ulloa and Lisa Mascaro: "A federal judge Tuesday night temporarily blocked the Trump administration's plan to end the program that shields from deportation hundreds of thousands of immigrants who came to the country illegally as children. ...

"With his decision, U.S. District Judge William Alsup in San Francisco granted a request by California and other states to stop the administration from ending the Deferred Action for Childhood Arrivals program, at least until lawsuits can play out in court.

"In September, with Trump under pressure from officials in several states opposed to DACA, Atty. Gen. Jeff Sessions said the administration would begin winding down the program on March 5. The decision was based on Sessions' opinion that Obama had gone beyond his legal authority in setting up DACA.

"'That legal opinion was incorrect, the judge said, calling it 'a flawed legal premise." He cited decades of previous actions by immigration authorities to provide temporary relief to groups of people who had violated immigration law. 'DACA was and remains a lawful exercise of authority' by immigration officials, wrote Alsup, an appointee of President Clinton." http://go.politicoemail.com/?qs=50fd30897d9c181c67a1881c732096c4d0aefa2606de17599978c4a79e83d29273a937cc3ae4cfdd13929bbdfcb5aa48

-- THIS ONLY HEIGHTENS the need for Washington to act in a permanent way to change immigration laws legislatively. DACA supporters believe this is only a temporary legal victory. They say the administration is within their rights to end the program, and are still seeking an immediate legislative fix.

WHAT HAPPENS NOW? TRUMP IN THE DRIVER'S SEAT, CONGRESS PUTS ON ITS SEATBELT ...

PETER BAKER in the NYT, "Trump's Negotiation on Immigration, Unfolding on Camera": "He was in command of the meeting while inviting input. He did not berate anyone. He did not call anyone derogatory nicknames. He signaled that he was open to compromise. The bar, of course, was historically low given that Democrats and even some Republicans have been describing him as so unstable that he should be removed from office. For his advisers, the meeting was a relief, a chance to reset the narrative and make Mr. Trump look more like a traditional president. And his critics, grading on a curve, called it a welcome change, a moment of constructive engagement that they hoped would lead to more. Yet it
was a measure of Mr. Trump's political weakness that anyone seemed surprised." http://go.politicoemail.com/?qs=50fd30897d9c181c56289f9a47b67cdd44c0a52e58b1c8d2eec1d2e0b45f3bba54809f15f843177687590d95edb40e87

-- REALITY CHECK FROM THE BEST -- SEUNG MIN KIM, HEATHER CAYGLE, TED HESSON and RACHAEL BADE: "Dreamer talks still jumbled after Trump's freewheeling summit" http://go.politicoemail.com/?qs=50fd30897d9c181c33be9f87db3de335e66ea9d22300632d5eb0d0976e8e95069a600dd22a4e634e66179935ac332165

PRESIDENT TRUMP'S freewheeling 55-minute back-and-forth with congressional Republicans and Democrats was great TV. HE DID HIMSELF A FAVOR: Trump brushed aside talk that he's a quack who is losing his mental acuity. HE DID HIMSELF A DISSERVICE: He just dropped a heap of issues on Congress's plate. It's almost like he chose to back the exact set of proposals that continue to tear the party apart: earmarks, a budget-busting spending deal and an immigration plan that opponents are saying could be amnesty, and weak on security.

-- FOLLOWING UP: @realDonaldTrump at 7:16 p.m.: "As I made very clear today, our country needs the security of the Wall on the Southern Border, which must be part of any DACA approval."

BY THE WAY -- Multiple Republicans and Democrats reached out to us yesterday to say they thought this is how Trump would conduct himself as president A ideologically flexible dealmaker who is in constant search of wins, not one in search of conservative point scoring.

A FEW THOUGHTS...

-- EVERYTHING CHANGED? NOTHING CHANGED AT ALL: Before the meeting, Congress was going to have to figure out the immigration-and-government funding deal. After the meeting, Congress has to figure out the immigration-and-government-funding deal. Before the meeting, Congress was split on immigration. And guess what? After the meeting, they were still split on immigration. This meeting was, by no means, a massive dynamic shift.

HOUSE MAJORITY LEADER KEVIN MCCARTHY (R-CALIF.), SEN. DICK DURBIN (D-ILL.), SENATE MAJORITY WHIP JOHN CORNYN (R-TEXAS) and HOUSE MINORITY WHIP STENY HOYER (D-MD.) will meet today with administration officials to figure out what they might be able to get done.

-- TRUMP VS. HOUSE CONSERVATIVES: Trump's most ardent allies in Congress say they think Trump is getting bad information from Republican and Democratic leaders, and they say he should be aiming for a far more conservative deal. Watch in the coming days: you might see fraying between the White House and its most faithful allies.

-- WILL TRUMP GIVE RYAN COVER? John Boehner got kneecapped when it seemed like he was ready to support a bipartisan immigration deal a few years ago. Republican leadership, however, says they believe they have the latitude to do this because they have a Republican in the White House protecting their right flank. That will be tested in the coming days. Ryan and Trump's rapport has greatly improved since the early days of the administration, with the speaker keeping his criticism of the president to an absolute minimum.

-- ABOUT THAT EARMARK THING ... As the Washington Post's Paul Kane reminds us (http://bit.ly/2CM1Ahe), Trump has also supported raising the gas tax and eliminating the debt limit, too. He said the words, and they quickly vanished in the air. Late Tuesday, the White House was spreading word that the president was just putting the issue on the table. Restoring earmarks would be a bloody, and massively divisive move. And it would give Democrats an easy campaign talking point: Republicans are again backing pork-barrel spending. With 2017 looking a lot like 2006, why would Republicans want to get anywhere near the days of Jack Abramoff.

FLORIDA GOP REP. TOM ROONEY, an advocate for bringing back closely vetted earmarks told us: "I think the Speaker's 'we just voted to drain the swamp' reason for not bringing back vetted earmarks just got shot down by the 'Drain the Swamp' guy."

IF Congress passes a deal to boost spending by $100 billion next week, votes to reinstate DACA and brings back earmarks, that will be an absolute reversal of a decade of Republican orthodoxy.

PLAYBOOK SCOOP -- VP MIKE PENCE is going to Nevada with SEN. DEAN HELLER (R-NEV.) Thursday for a series of official events. Heller is up for re-election, and is one of the most vulnerable Republicans in the country. The VP on his turf could be helpful, to say the least.

-- FIRST IN PLAYBOOK: ATTN. CORY GARDNER: SANDY PENSLER, a Michigan businessman running for the GOP nomination for the Senate, is dumping $5 million of his own dollars into the campaign. Republicans have had a tough time attracting a top-flight candidate to take on Sen. Debbie Stabenow (D-Mich.). Now they have a candidate who has bucks behind his bid.


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BUZZ -- DEPT OF UNINTENDED TAX CONSEQUENCES? -- Nats season tickets and outings to Caps games are one of the few perks left in Washington. But lobbying firms and companies that have suites and season tickets at area sports arenas are about to feel the squeeze. It looks like these "entertainment" expenses are no longer tax deductible under the new Republican tax law. Veteran tax lobbyist Ken Kies of the Federal Policy Group tells us that "businesses will no longer be able to deduct the cost of attending such events as a trade or business expense." K Streeters have been grousing behind the scenes after talking with their tax lawyers. Many firms could drop their packages. Sad!

CLASSIC TRUMP -- JOHN HARRIS SPEAKS!!! -- "Coming soon to Davos: A Trump stink bomb," by John Harris and Ben White: "The annual gathering of the World Economic Forum in Davos, Switzerland, will be choking with the kind of people who disdain Donald Trump and genuinely regard his presidency as a menace to the planet. In other words: Exactly the kind of party Trump loves to crash. Lots of very rich people. Lots of media. Lots of fevered what-is-he-really-up-to speculation. At the psychological level, the appeal of Davos for Trump is obvious.

"The startling-though in some ways eye-rollingly logical-news on Tuesday that Trump will join all manner of global financial, political and media elites in their famed alpine lair later this month was for months quietly in the making, administration officials said. WEF organizers had been lobbying for months for high-level administration participation, though they hadn't been counting on more than a cabinet secretary or two.

"What planners didn't know was that some West Wing advisers were arguing that Davos would be the perfect venue for Trump to unleash an especially gassy stink bomb aimed at ideas-free trade deals, a more integrated global regulatory system, and all manner of liberal pieties cherished by global elites-he deplores." http://go.politicoemail.com/?qs=50fd30897d9c181ca3ee51e1e68affff9ea719ba0db658385c6b6f760d262a8b55a7c529c9babfe5dde7817e53eb6fc9

STEVE BANNON, WE HARDLY KNEW YA! ...

-- "Stephen K. Bannon leaves Breitbart after blowup over comments in Trump book," by WaPo's Paul Farhi, Josh Dawsey and Bob Costa: "A person close to Bannon, speaking on the condition of anonymity, said 'there is no mass exodus' at Breitbart and people were not entirely surprised by the news. 'It's not personality-driven anymore,' the Bannon ally said of the website. 'We get to focus on the agenda. When it's about issues, Breitbart wins. We hopefully won't have the cult of personality tearing us down.'

"Bannon has told associates he plans to focus on creating a political operation in 2018, the person said, and is banking that Trump eventually will need him again and that congressional Republican leaders will eventually desert the president. ... As late as last weekend, Bannon continued to tell people that he planned to stay in charge at Breitbart and that he would keep his radio show. He argued that the show and the site were doing better than ever, even though associates have questioned whether that was true." http://go.politicoemail.com/?qs=50fd30897d9c181c5cae7006c4c0c892f6371664a72638983d2f1cf04f35c4025f8341bafc4d24b73cfd407a1ada81b7

-- NYT'S JEREMY PETERS: "Numerous people who have worked with Mr. Bannon over the past few months said that his attitude lately had grown more imperious and aloof than normal. And his outward lack of any emotion about his messy public breach with the president and the Mercer family struck some not as the calloused indifference of a political operative but as nihilistic. ...

"When reports began circulating that Ms. Mercer had cut him off, he denied it outright. And when friends started asking him about rumors that his job was in jeopardy, he insisted that everything was fine. 'The Mercers haven't given me money in years' he told multiple people, playing down their significance in his work and insisting that an initial $10 million investment in the website was all they had provided. ...

"Despite putting his name on a statement in which he expressed regret -- but did not apologize -- for his comments about Mr. Trump's son, he resisted uttering any words of contrition until an unusual statement on Sunday morning.

"While Mr. Bannon edited and approved the version that ultimately became public, an associate sent out the statement without his knowledge, according to three people familiar with the situation. And when he learned that it had been given to Axios, a website read by Washington insiders, he was furious and blamed his colleagues for overreacting, these people said." http://go.politicoemail.com/?qs=50fd30897d9c181c6a5c4d85445c7cf2b7634f8054a48bd888529300255ec403401f6ecf0f66d1ff9547fbdabf185066

--THE WRAP: "'Fox News will not be hiring Steve Bannon,' a network spokesperson told TheWrap Tuesday." http://go.politicoemail.com/?qs=50fd30897d9c181c6ef3458af2a9e49d7281af18a96a43c6cc01bf41b082867fbfc6bae46a214854582c062a7e787516

TOP TWEETS -- @JoshuaGreen: "Asked what happened, a source close to Breitbart tells me: 'Since Bannon is such a fan of history and Napoleon, put it this way: He is being cast off to his Elba.'" ... @costareports: "Per people close to Bannon, he is wistful but has referenced Thomas Cromwell in recent days, noting that Cromwell guided a King but it never lasts... and Cromwell was eventually sent to the Tower."

NUMBERS TRUMP WILL LIKE -- NEW POLITICO/MORNING CONSULT POLL -- "Poll: Nearly half of voters say Trump exoneration is likely in 2018," by Steven Shepard: "Nearly half of voters think it's at least somewhat likely President Donald Trump will be exonerated of wrongdoing by the special counsel this year, according to a new POLITICO/Morning Consult poll. A 48 percent plurality of voters say it's either very or somewhat likely Trump will be cleared in 2018, the poll shows, compared with 37 percent who say it's not too likely or not at all likely Trump is cleared. And fewer than a third think Trump is likely to leave office in the coming year, despite calls from some Democrats for his impeachment.

"But the first survey of 2018 isn't all good news for the administration: Pluralities of voters expect Democrats, who have a significant lead on the congressional generic ballot, to win control of both the House and Senate in the midterm elections. Voters' predictions for Trump in 2018 are divided sharply along partisan lines, the polls show." http://go.politicoemail.com/?qs=50fd30897d9c181c59f9d1bbec3777e02de4e6179628c72d546fbba063583198239b464b2352f3ecca383707c83b3bbe

TRUMP'S TEAM -- "Facing staffing exodus, Trump struggles to fill West Wing," by CNN's Jeff Zeleny, Kevin Liptak, Dana Bash and Dan Merica: "White House aides have been told to decide before the end of January whether they intend to leave the administration or stay through the November midterm elections, an official said, a deadline intended to help bring a sense of order to an anticipated staffing exodus. ...

"Several of Trump's top advisers are still weighing whether to leave the administration at the one-year mark. Others appear likely to depart in the coming weeks. Two of the most senior officials who are on the potential departure list are Don McGahn, the White House counsel, and HR McMaster, the national security adviser. The President, like with many of his advisers, has aired frustrations openly with both men. But it's far from certain whether either official will leave." http://go.politicoemail.com/?qs=50fd30897d9c181c00a92865c409f9b4852dccb3da9efb9e4b25cd3497f9c52eb58ec9d10f5caf6d29544d5c4cde2bb4

-- KFILE: "New U.S. ambassador to Netherlands [Pete Hoekstra] regularly made unsubstantiated 'no-go zones' claims, speculated 15% of Muslims could be jihadists," by CNN's Andrew Kaczynski: http://go.politicoemail.com/?qs=50fd30897d9c181c0d15c9320bac452e2ea9c40c3c3de1154981d2718b1635f52d556d63111a0911b466ee167b3f56ea

THE ROOKIE -- "Ivanka tries to have it both ways: Trump's daughter and #MeToo supporter," by Annie Karni: "Days after her father's inauguration last January, new-to-Washington Ivanka Trump tweeted a picture of herself clad in a $5,000 silver Carolina Herrera gown, en route to a black-tie dinner. After she was widely criticized for her let-them-eat-cake moment -- President Donald Trump's daughter looked terrifyingly tone-deaf vamping for the camera while thousands of travelers sat stranded at airports because of her father's sloppily imposed travel ban -- Ivanka Trump admitted to friends she had made a clumsy PR mistake.

"Almost a year into her transformation from striving Manhattan lifestyle guru to Washington power player, Ivanka Trump on Monday night proved what many of her colleagues acknowledge privately about the player behind the controlled façade: She is still prone to rookie political mistakes. And she seems blind to her circumscribed position as a self-professed champion of women who is simultaneously an unquestioning aide to a president who's been accused of groping women. ... The first daughter didn't consult with her aides Monday night before expressing herself on Twitter. A spokesman on Tuesday declined to comment on Ivanka Trump's private support for the #MeToo movement, or her tweet."
http://go.politicoemail.com/?qs=50fd30897d9c181c93c3baa4d48f9e3e557d218f79584aeeee7be25a23099f75dd45b6526d17b8b6f30a8f8b07a84eb4

TRUMP'S WEDNESDAY -- Trump is holding a cabinet meeting. He will have lunch with VP Mike Pence and Secretary of State Rex Tillerson followed by a meeting and press conference with the Norwegian Prime Minister Erna Solberg. Trump will also meet with U.N. Ambassador Nikki Haley and Treasury Secretary Steven Mnuchin.

THE JUICE ...

-- FIRST IN PLAYBOOK: GIOVANNA GRAY LOCKHART is joining the women's club The Wing as a senior director of civic engagement. The hire comes as The Wing is expanding to D.C. and is opening up its Georgetown space this year. Lockhart formerly served as D.C. editor of Glamour and as a senior advisor to Sen. Kirsten Gillibrand (D-N.Y.). She will be focused on ramping up the club's female-focused political programming ahead of the 2018 election.

-- THE SENATE LEADERSHIP FUND is doubling down on its $500,000-plus digital ad campaign launching ads in Florida, Indiana, Missouri, North Dakota, Ohio and West Virginia attacking Senate Democrats on tax reform. This $50,000 buy is targeting influencers and voters seeking out information on tax reform. Video http://go.politicoemail.com/?qs=50fd30897d9c181cc63fb082e58f657860bada1b7b9cc9d7c8186253c638ded89d3f6eaa1530890f065761d7bd11b4fb

BOSTON GLOBE'S MATT VISER -- "Mitt Romney's biggest backer wants him to jump into Senate race": "As Mitt Romney considers whether to run for an open US Senate seat in Utah, the person who can most influence him is encouraging him to get into the race: his wife, Ann. Ann Romney -- a confidante for nearly all of Romney's adult life and frequent catalyst for his political ambitions -- is fully supporting a campaign for Senate, another strong indicator he will run, according to four people close to the Romneys. Her own battle with multiple sclerosis is not a major factor, with all signs indicating that her health remains strong, the people said." http://go.politicoemail.com/?qs=50fd30897d9c181c68ec071e947801b63d646b5bfa99b5f6451b4419365c269bc9f226eac95c6a131d049c7fabc2dd19

HMM - "Israeli leader's son under fire again for strip club banter," by AP's Aron Heller in Jerusalem: "Israel's embattled Prime Minister Benjamin Netanyahu faced a new scandal Tuesday after a recording emerged of his 26-year-old stay-at-home son joyriding at taxpayer expense to Tel Aviv strip clubs with his super-rich buddies and bragging about how his father pushed through a controversial gas deal.

"The 2015 recording, aired Monday night on Israel's top-rated news broadcast, sparked public outrage over its misogynistic content and raised questions over why a state-funded bodyguard and driver were necessary to facilitate such debauchery. ... In the recording, Netanyahu and his friends recount their night out on the town and make disparaging comments about strippers, waitresses and other women, including one of Netanyahu's former girlfriends." http://go.politicoemail.com/?qs=50fd30897d9c181cb5c8904eab0ad8de12847fc349bf36d2c97f9ebf6b8f5b0e6d1589947052c592daf173a7ef2c8b81

NEW WOMEN RULE PODCAST -- ANNA talks with GRETCHEN CARLSON for the inaugural 2018 Women Rule podcast. The two discuss a potential Carlson TV comeback, whether she would run for political office and her mission to end sexual harassment in the workplace with her book "Be Fierce" and foundation. Listen to the full podcast http://go.politicoemail.com/?qs=50fd30897d9c181c2a29a06e8ca72905e23dec4f6d719c19573d6b0a36e6fe8e5f2d6fc4071f1d3a2b70f5a4a1b33cbc


Playbook Reads


PHOTO DU JOUR: New Jersey Gov. Chris Christie makes his way out of senate chambers after delivering his final state of the state address at the Statehouse in Trenton, N.J. | Seth Wenig/AP Photo

POTENTIAL BOMBSHELL -- RALEIGH NEWS AND OBSERVER: "NC congressional districts struck down as unconstitutional partisan gerrymanders," by Anne Blythe: "A panel of federal judges struck down North Carolina's election districts for U.S. Congress on Tuesday as unconstitutional partisan gerrymanders and gave lawmakers until Jan. 29 to bring them new maps to correct the problem. ... It throws a new wrinkle and more uncertainty into the 2018 election cycle in North Carolina a month before candidates were scheduled to file for office.

"The judges - James A. Wynn, a Barack Obama appointee to the 4th U.S. Circuit Court of Appeals, and federal district judges W. Earl Britt, a Jimmy Carter appointee, and William L. Osteen Jr., a George W. Bush appointee - were unanimous that North Carolina lawmakers under Republican leadership violated the U.S. Constitution's equal-protection clause when they drew maps explicitly to favor their party. ...

"The ruling is the first time federal judges have struck down congressional districts as partisan gerrymanders. A Wisconsin case that was argued before the U.S. Supreme Court involved state legislative districts found to be partisan gerrymanders. ... Legislative leaders plan to appeal to the U.S. Supreme Court, according to a spokeswoman for Mitchell County Republican state Sen. Ralph Hise, who along with Lewis has led redistricting efforts in the legislature." http://go.politicoemail.com/?qs=50fd30897d9c181cdd1651143472b59fdca89b371c4d6738408032fae129376922efaee04d8b212762de786cc62566d9

AN ACTUAL LAWSUIT -- "Trump lawyer Cohen sues Fusion GPS, BuzzFeed over Steele dossier," by Rebecca Morin: "Michael Cohen, longtime attorney for President Donald Trump, filed two defamation lawsuits Tuesday evening against research firm Fusion GPS and BuzzFeed. The Fusion GPS lawsuit, which was filed at a federal court level, seeks $100 million in damages. A separate amount in damages for the BuzzFeed lawsuit, which was filed at the state court level, will be determined at trial, according to court documents obtained by POLITICO. 'Enough is enough of the #fake #RussianDossier,' Cohen tweeted Tuesday. 'Just filed a defamation action against @BuzzFeedNews for publishing the lie filled
document on @POTUS @realDonaldTrump and me!'" http://go.politicoemail.com/?qs=50fd30897d9c181ce32c06249b6ef56f538f454f60df3bde2412e862d8ac0dabc6ffd08303756d9a65d903c93e91a850

-- BUZZFEED'S BEN SMITH in the NYT: "I'm Proud We Published the Trump-Russia Dossier" http://go.politicoemail.com/?qs=50fd30897d9c181c492d14b7b66482befbc60cc289b9c760b888ade24fad1c7dc424f7a36d52a833068cc533ae5cb587

-- "'Human source' in Trump orbit contacted FBI, Fusion GPS co-founder told senators," by Kyle Cheney: "Fusion GPS co-founder Glenn Simpson, whose firm commissioned a controversial dossier alleging secret ties between President Donald Trump and the Kremlin, told congressional investigators last summer that the FBI found the dossier credible because an undisclosed 'human source' associated with Trump had offered the bureau corroborating information. In a 312-page transcript of Simpson's August 2017 interview with the Senate Judiciary Committee, Simpson's attorney also said it was dangerous to discuss the dossier's sources because its public release last year had already led to murder.

"'Somebody's already been killed as a result of the publication of this dossier and no harm should come to anybody related to this honest work,' said the lawyer, Joshua Levy. The transcript was released unexpectedly Tuesday by the panel's top Democrat, Sen. Dianne Feinstein, angering the committee's Republican chairman, Sen. Charles Grassley." http://go.politicoemail.com/?qs=50fd30897d9c181c9267e0f66c6e45e4bdb9e4a00da8ace7280149440f54dd3b2635e0efce4f7e824797868ad8dc24d2

-- "Fusion co-founder: Dossier author feared Trump was being blackmailed," by CNN's Jeremy Herb, Manu Raju and Marshall Cohen: "Fusion GPS co-founder Glenn Simpson told the Senate Judiciary Committee that the author of the opposition research dossier on then-candidate Donald Trump and Russia was acting on his own volition when he went to the FBI because he was concerned that a presidential candidate was being blackmailed, according to the 312-page transcript of his testimony. ... 'Chris [Steele] said he was very concerned about whether this represented a national security threat and said he wanted to -- he said he thought we were obligated to tell someone in government, in our government
about this information,' Simpson said. 'He thought from his perspective there was an issue -- a security issue about whether a presidential candidate was being blackmailed.'" http://go.politicoemail.com/?qs=50fd30897d9c181cb50ea4365bd34ca18e2821622cbdabc44f53d3ab651d9273a231aa558d9ccdb6e7c199b5a70802ed

-- "Democrats punch back on Russia: Democrats are increasingly tired of waiting on their colleagues in the majority to act and are taking their concerns public," by Elana Schor: "The top Democrat on the Senate Foreign Relations Committee on Wednesday ramped up pressure on the Trump administration to slap new sanctions on Russia, releasing a massive report - written without GOP involvement - that details Vladimir Putin's alleged electoral meddling around the world. ... Democrats, frustrated by conservative attempts to undercut the investigation into Trump's ties to Moscow and growing convinced Republicans aren't taking electoral security seriously, are increasingly tired of waiting on their
colleagues in the majority to act and are taking their concerns public." http://go.politicoemail.com/?qs=50fd30897d9c181c8e12f24bf40fd01325dc97e74d7df6209e1db07065f8b623ef1c21c61b07d7f862a8aaf8b586bf6a

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DEPT. OF RECORD KEEPING -- "White House plans to destroy Trump election fraud commission's voter data," by Josh Gerstein: "White House Director of Information Technology Charles Herndon said in a declaration submitted to a federal court in Washington that officials plan to erase the information, rather than transfer it to the Department of Homeland Security or the National Archives and Records Administration. Herndon also indicated that White House press secretary Sarah Sanders' comment last week that the commission's 'preliminary findings' were being sent to DHS was inaccurate. 'The Commission did not create any preliminary findings,' Herndon wrote."
http://go.politicoemail.com/?qs=50fd30897d9c181cd2e0bae07395589fb6cc4eee4ec77912603ba3b9009ab531b1c54d17ea778150039034dd78934f7e

2018 WATCH -- "Trump delivers a Senate race sweetener to Scott," by Marc Caputo, Ben Lefebvre, Matt Dixon, and Bruce Ritchie: "Donald Trump delivered a big political contribution to Rick Scott Tuesday as the Florida governor contemplates a bid for U.S. Senate: a pledge to spare Florida from administration plans to expand offshore oil drilling nationwide. The surprise announcement from Secretary of Interior Ryan Zinke -- who went to the trouble of flying to Tallahassee to stand beside Scott -- outraged environmentalists and Democrats who insist the decision was a political ploy that unlawfully gave preferential treatment to Florida, a swing state that voted for Trump and that's home to his
so-called 'Winter White House' escape at Mar-a-Lago in Palm Beach.

"Zinke made sure that the term-limited governor got all the credit. In response to a question about what was the final determining factor in his decision, Zinke said: 'The governor.' 'You have a tremendous governor that is straightforward, easy to work for, says exactly what he means. And I can tell you Florida is well-served,' Zinke said." http://go.politicoemail.com/?qs=50fd30897d9c181c37f1bad73d67a2ad1943e1f08866a006c4e5d7910d0ecfaf67b3adabdde8eb1d28809913c4b19654

FOR YOUR RADAR -- "At least 13 dead as heavy rains trigger flooding, mudflows and freeway closures across Southern California," by LA Times' James Queally, Joseph Serna, Michael Livingston and Ruben Vives: "At least 13 people were killed Tuesday when a rainstorm sent mud and debris coursing through Montecito neighborhoods and left rescue crews to scramble through clogged roadways and downed trees to search for victims. The deluge that washed over Santa Barbara County early Tuesday was devastating for a community that was ravaged by the Thomas fire only a few weeks earlier. ... At least 25 other people were injured ... Crews rescued 50 people by air and dozens more from the ground."
http://go.politicoemail.com/?qs=50fd30897d9c181cbfdb1ffeff688b539eaca7ac4bcab834d40ed0489a45b1ba64770096ab60a6812c57bcd639640612 ... 2-min. NBC News video of a rescue http://go.politicoemail.com/?qs=50fd30897d9c181cc4f51da7b52c7273897783d3f2e44fedda60229de5d80064aa0d7c932953424b108f6703eac41542

PLAYBOOK METRO SECTION - "Discovery Communications is selling Md. headquarters and moving to New York," by WaPo's Abha Bhattarai: "Discovery Communications, the $7.4 billion company behind Shark Week and popular cable channels including TLC and Animal Planet, is moving its headquarters from Silver Spring, Md., to New York. The company - which has 1,300 employees in Silver Spring, down from 2,500 a decade ago - said that it plans to sell its current headquarters and move into a new building in New York in the second half of 2019. ... It will keep some departments - government relations, for example - in Maryland, although not necessarily in Silver Spring, and plans to expand its technology
hub in Sterling, Va." http://go.politicoemail.com/?qs=50fd30897d9c181c2984b079b7d55b5851e4a4728b270e1e340f1c0d2088ae85c1ce70140c1579ac4c793fd5a286d90a

Playbookers
SPOTTED: Jay Powell having lunch with Ben Bernanke in the Brookings cafeteria on Tuesday ... Gabby Giffords and Mark Kelly having dinner Tuesday evening with Sen. Kirsten Gillibrand (D-N.Y.) at Bistro Bis. Monday marked seven years since the shooting in Tucson - Instapic http://go.politicoemail.com/?qs=50fd30897d9c181cad63c5cbe4ab811850db7379887280e135802621f68afd29d42ec0ec481f93572b901ed1817544f8 ... Valerie Jarrett and Stephanie Cutter having dinner at RPM Italian last night ... Rick Perry in seat 1A on United's 7:38 p.m. flight from ORD to DCA last night ...

SPOTTED at Heather Podesta's birthday party last night at Kinship: House Minority Leader Nancy Pelosi (D-Calif.), Robert and Dr. Elena Allbritton, Jeremy and Robyn Bash, David Chavern, Stephanie Cutter, Gloria Dittus, Tammy Haddad, Juleanna Glover, Erin Egan, Sens. Mark Warner (D-Va.), Bob Casey (D-Pa.), and Maggie Hassan (D-N.H.), Reps. Suzanne Bonamici (D-Ore.), Gwen Moore (D-Wis.), Debbie Dingell (D-Mich.), Jared Polis (D-Colo.), Grace Meng (D-N.Y.), Lisa Blunt Rochester (D-Del.), Joyce Beatty (D-Ohio), Darrell Issa (R-Calif.), Carolyn Maloney (D-N.Y.), Will Hurd (R-Texas), John Curtis (R-Utah), Debbie Wasserman Schultz (D-Fla.), Ted Lieu (D-Calif.), Lois Frankel (D-Fla.), Bobby Scott
(D-Va.), Ann Kuster (D-N.H.), Katherine Clark (D-Mass.), Ron Estes (R-Kans.), Trey Hollingsworth (R-Ind.), Joseph Kennedy (D-Mass.), Sheila Jackson Lee (D-Texas), and Sean Patrick Maloney (D-N.Y.) ...

... Shari Yost Gold and Jason Gold, Kent and Karen Knutson, Penny Lee, Priya Dayananda, Amy Weiss and Peter Kadzik, David Leiter and Tamara Luzzato, Ruth Marcus, Margaret Carlson, Melissa Moss and Jonathan Silver, Cathy Merrill Williams, Craig Gordon, Carole Melton, Susan Neely, Stephanie Schriock, Steve Clemons, Jeanne Cummings, Kenny Day, Anita McBride, Rachel Hicks.

TRANSITIONS -- Rob Saliterman has joined Citadel as a director on the investment firm's corporate communications team, based in New York. He's an alum of the Bush White House and Treasury Department, Google, and most recently was at Snapchat. ... Ashley Berrang has been hired as SVP of external affairs at Information Technology Industry Council. She most recently was communications director for Sen. Shelley Moore Capito (R-W.Va.).

BIRTHDAY OF THE DAY: Beth Fouhy, senior editor of politics at NBC News and MSNBC. How she got her start in journalism: "My late father, Ed Fouhy, had an extraordinary career as a producer and executive at all three network news divisions - CBS, NBC and ABC. He was my inspiration. My first job in news was at CNN, as a booker for the legendary talk show, 'Crossfire.' I'm fortunate to have spent my career covering politics, both in television and as a print reporter for the Associated Press." Read her Playbook Plus Q&A: http://go.politicoemail.com/?qs=50fd30897d9c181c4dc489d8967fd4e33ebd09b8c446af3420846e11907bbe4a172c730cf3e9a162984945ac3d751209

BIRTHDAYS: Jared Kushner is 37 ... FCC chair Ajit Pai is 44 (hat tips: Brian Hart and Tina Pelkey)... Joanna Rosholm, former press secretary for Michelle Obama ... Sen. Roy Blunt (R-Mo.) is 68 ... Sen. Chris Van Hollen (D-Md.) is 59 ... Michelle Fields (hubby tip: Jamie Weinstein) ... Morgan Finkelstein, press secretary for CAP Action Fund ... former Rep. Lois Capps (D-Calif.) is 8-0. She's celebrating by enjoying a long walk on Santa Barbara's Hendry's Beach at sunset before dinner with her family (hat tip: Laura) ... Nick Calio, president and CEO of Airlines for America, is 65 ... GPG's Lauren Edmonds ... MSNBC's Freddie Tunnard ... Politico's Maya Parthasarathy ... Esther Whieldon ... AP
national security reporter Robert Burns ... Luke Johnson ... Rep. Greg Walden (R-Ore.) is 61 ... Rep. Bill Shuster (R-Penn.) is 57 ... Benjamin Hackett ... former Sen. Mark Pryor (D-Ark.) is 55 ... former Rep. Leonard Boswell (D-Iowa) is 84 ... former Rep. Dan Crane (R-Ill.) is 82 ... Adam Walinsky is 81 ... Donald Fagen is 7-0 ... Joe Lacob is 62 (h/ts Jewish Insider) ... Jeremy Button ... Abigail Ashbrook ... Blake Adami ...

... Liesl Hickey, partner at Ascent Media and former NRCC ED (h/ts Blain Rethmeier and Rodell Mollineau) ... Joe Petrzelka (h/t Lissandra Villa) ... The Hill's Julia Manchester (h/t Mallory Shelbourne) ... AEI's Caitlin Summers ... Nat Sillin ... Robby Goldsberry ... Aaron Buchner, COS at Organizing for Action ... David Hallock ... Liz Chadderon ... Steve Marchand ... Dante Scala ... Vaughn Ververs, political editor at NBCNews.com, is 49 ... Jessica Mudditt ... Stacy Hawkins Adams ... Myranda Tanck ... Braxton Marcela ... Lanny Wiles ... IBM's Hugh Livengood ... Bush 43 admin alum Sally Lovejoy ... Ryan Dierker ... Blake Hopper... Kamal Patel ... Adam Weissmann ... Samuel Negatu ... Steven
Fernandez ... Cheryl Benton ... AnnMaura Connolly ... Richard Gaumer (h/ts Teresa Vilmain)

****** A message from DaVita: HISTORIC OPPORTUNITY: CONGRESS CAN IMPROVE CARE FOR SOME OF OUR MOST CRITICALLY ILL BY PASSING THE PATIENTS ACT. People with kidney disease are among the most vulnerable populations in our country, and most of them depend on Medicare. Integrated care can help reduce hospitalizations and improve the lives of thousands of people. The PATIENTS Act expands access to integrated care, allowing dialysis providers, nephrologists and caregivers to better coordinate care for kidney patients. Congress should pass the PATIENTS Act to expand access to integrated care for critically ill kidney patients MyKidneyCare.org ******

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