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Presented by National Retail Federation: POLITICO's must-read briefing on what's driving the afternoon in Washington. | | | | |  | | By Garrett Ross | | | BULLETIN — A federal appeals court this morning issued a ruling that “could gut the Voting Rights Act, saying only the federal government — not private citizens or civil rights groups — is allowed to sue under a crucial section of the landmark civil rights law,” our colleague Zach Montellaro reports. Coming soon to SCOTUS: The decision out of the 8th Circuit is likely heading for an appeal to the Supreme Court.
|  Will Hurd is among the suggested replacements to head OpenAI after its previous CEO was ousted this weekend. | Scott Olson/Getty Images | THERE’S ALWAYS A PLAYBOOK ANGLE — The tech and business worlds were riveted over the weekend by the palace coup executed atop Silicon Valley’s hottest startup, OpenAI. Board members moved to oust CEO SAM ALTMAN — a fixture in Washington’s debates over artificial intelligence technology — in a surprise Friday afternoon announcement that sparked an immediate backlash and launched a wild weekend of intrigue as Altman, board members and OpenAI’s biggest investor, Microsoft, maneuvered behind the scenes. Early this morning, Microsoft CEO SATYA NADELLA announced Altman would be joining his company alongside other senior OpenAI executives, and more than 600 of the startup’s employees followed with an open letter to board members threatening to leave with Altman unless they resign and appoint new independent board members. More from Wired And here’s the Playbook angle: Among the two suggested appointees is WILL HURD, the former Republican congressman who left OpenAI’s board in July in order to launch his short-lived and ill-fated presidential run. The prospect of Hurd returning to the board would appear to set up one of the softest-ever landings for a failed national candidate. Hurd did not immediately respond to a message seeking comment on whether he is interested in a comeback. GALLEGO RESPONDS — This morning’s Playbook broke news of a new NRSC ad campaign targeting the 2024 Arizona Senate race that includes sharp new personal attacks on Rep. RUBEN GALLEGO, the likely Democratic nominee for the seat now held by independent Sen. KYRSTEN SINEMA. The ad, among other things, highlights Gallego’s 2016 divorce just ahead of his first child’s birth and accuses him of being a “deadbeat dad” without evidence. The Gallego campaign declined to respond to Playbook last night, but a fundraising email sent this morning by his campaign blasts the “baseless, deeply personal attack ad” released on “Ruben’s birthday of all days, just three days before Thanksgiving.” “It’s sad that they would stoop this low,” the message reads, before asking donors to “rush $3 to Ruben’s campaign right away” and help him beat likely GOP nominee KARI LAKE. PARDON ME — President JOE BIDEN continued the annual presidential tradition of pardoning two turkeys for Thanksgiving this morning at the White House, granting immunity to the holiday festivities to LIBERTY and BELL, who journeyed to D.C. from their home in Minnesota. AP’s Darlene Superville has more on the gobblers JUST IN TIME FOR THE HOLIDAYS — “More free COVID-19 tests from the government are available for home delivery through the mail,” by AP’s Amanda Seitz Good Monday afternoon. Thanks for reading Playbook PM. Drop me a line at gross@politico.com.
| | A message from National Retail Federation: The new CNBC/NRF Retail Monitor, powered by Affinity Solutions, provides a more accurate look at monthly retail sales. The CNBC/NRF Retail Monitor uses anonymized, real-time debit and credit card purchase data to provide more accurate and timely insights into retail sales activity across all U.S. sectors, categories and markets. All information produced by Affinity Solutions is anonymized and aggregated and does not include any personally identifiable information of an individual consumer. Learn more. | | | IT’S OFFICIAL — “UAW formally claims contract wins at Big Three,” by Nick Niedzwiadek: ”Across General Motors, Ford and Stellantis, 64 percent of UAW members voted in favor of the tentative agreements brokered by union leadership last month that included sizable pay raises, cost-of-living adjustments and improved terms for temporary workers, as well as the right to strike over future plant closures.” THE RETIREMENT HOUSE — Rep. TONY CÁRDENAS (D-Calif.) will retire next year, skipping out on a reelection run and “setting up what could become a contested race for his heavily Democratic San Fernando Valley-based seat,” L.A. Times’ Erin Logan writes. Cárdenas’ district is reliably blue, so it’s unlikely to open up an opportunity for Republicans to shift the balance of the House. FWIW: The 60-year-old Cárdenas’ “is backing LUZ RIVAS, a state Assemblymember who told The Times she would run to replace him.” What Cárdenas told LAT: “It will be the first time in 28 years that I’m not on the ballot,” he said in an interview. “The truth of the matter is I thought I could do this just for a few years ... I’m just at the age where I have enough energy and experience to maybe do something [different] and have another chapter of a career where I don’t have to go to Washington, D.C., 32 weeks out of the year.” TRUMP CARDS THE TRUMP EFFECT — There has been a steady stream of anti-Trump rhetoric flowing from the former president’s former aides and associates since he left office. They are stating, often in plain terms, their opposition to their former boss ascending once again to the White House. And yet, the varied public warnings seem to be falling on deaf ears among the GOP electorate as Trump surges toward next year’s nomination. WaPo’s Josh Dawsey covers the conundrum: “Interviews with 16 former Trump advisers — some of whom spoke on the condition of anonymity to discuss their former boss — show they are grappling with how they can puncture Trump’s candidacy in 2024, whether they can or should coordinate with one another and whether their voices will even matter. “Additionally, more than a dozen people once in his employ could end up taking the stand and providing testimony as part of multiple criminal trials, according to people with knowledge of the cases and court documents. At the same time, even some who have publicly declared Trump unfit for office have said they would still support him over Biden in 2024.” TRIAL BALLOON — A pair of appeals court judges this morning indicated that they’re “considering narrowing the already-limited gag order to allow Trump to levy some public attacks against special counsel JACK SMITH and his team,” CNN’s Marshall Cohen reports. “Surely he has a thick enough skin,” judge CORNELIA PILLARD said, referring to Smith. Trump “can’t be forced under a gag order to ‘speak Miss Manners while everyone else is throwing targets’ at him during a theoretical GOP presidential primary debate, [judge PATRICIA MILLETT said.”
| | | | SUBSCRIBE TO CALIFORNIA CLIMATE: Climate change isn’t just about the weather. It's also about how we do business and create new policies, especially in California. So we have something cool for you: A brand-new California Climate newsletter. It's not just climate or science chat, it's your daily cheat sheet to understanding how the legislative landscape around climate change is shaking up industries across the Golden State. Subscribe now to California Climate to keep up with the changes. | | | | | ALL POLITICS ON THE ISSUES, PART I — A new WSJ-NORC poll finds that support for abortion rights is “at one of the highest levels on record since nonpartisan researchers began tracking it in the 1970s,” WSJ’s Julie Wernau writes. The topline: “Some 55% of respondents say it should be possible for a pregnant woman to obtain a legal abortion if she wants it for any reason.” The party-line breakdown: Democrats (77%), independents (53%) and Republicans (33%). ON THE ISSUES, PART II — NYT’s Nate Cohn is up with a deep dive into the “crisis” facing issue polling, coming away with this tough takeaway from recent elections: “issue polling failures look more like the norm than the exception. There just aren’t many elections when you can read a pre-election poll story, line it up with the post-election story, and say that the pre-election poll captured the most important dynamics of the election.” He continues: “With such a poor track record, there’s a case that ‘issue’ polling faces a far graver crisis than ‘horse race’ polling. I can imagine many public pollsters recoiling at that assertion, but they can’t prove it wrong, either. The crisis facing issue polling is almost entirely non-falsifiable — just like the issue polling itself. Indeed, the fact that the problems with issue polling are so hard to quantify is probably why problems have been allowed to fester.” TALES FROM THE CRYPTO — Fresh players in the crypto industry are stepping into the donor race ahead of next year’s elections after the downfall of onetime crypto giant and megadonor SAM BANKMAN-FRIED. The super PAC, Fairshake, “has pumped over $1.2 million into television ads supporting House candidates over the last two months,” our colleague Jasper Goodman reports. Thus far, it has given support to 13 incumbent lawmakers on both sides of the aisle. The beneficiaries span the ideological spectrum, but all of them serve on the House Financial Services and Agriculture committees, which advanced industry-blessed crypto legislation earlier this year. Among the recipients: House Financial Services Chair PATRICK McHENRY (R-N.C.) and Reps. DUSTY JOHNSON (R-S.D.) and JOSH GOTTHEIMER (D-N.J.). The backing is notable given that McHenry and Johnson are leading efforts on the House crypto bills, which Gottheimer has supported. CALIFORNIA DREAMIN’ — “Arnold and Jerry: What two ex-California governors can teach Washington,” by NBC’s Peter Nicholas in Sacramento: “What each has to say about the dysfunction in American politics and how they tried to govern may hold lessons at a time when Congress seems perpetually on the brink of shutting down the government and the Republican candidates for president are one-upping one another in their bloodlust.” LIKE SOME KIND OF CONGRESSMAN — A new NBC poll has identified the Anti-Hero of the moment: TAYLOR SWIFT. In the poll, 40% of registered voters said they have a positive view of Swift, with just 16% saying they have a negative view. She enjoys a 94% mark for name ID. Long story short: “Among all of the figures and groups tested in the poll — including President Joe Biden, Vice President KAMALA HARRIS, new House Speaker MIKE JOHNSON, former President Donald Trump, Florida Gov. RON DeSANTIS and former U.N. Ambassador NIKKI HALEY — Swift had the highest net favorability rating,” NBC’s Alexandra Marquez writes. Don’t forget about the Beyhive: “The poll also tested voters’ views of pop singer BEYONCÉ KNOWLES-CARTER. Beyoncé, the ‘Single Ladies’ vocalist, had a high name ID similar to Swift’s — 92% of voters know who she is. And 33% of voters reported positive views of her, while 40% said they view her neutrally and 20% said they have negative views of her.” Read the poll CONGRESS A LOT OF LEE-WAY — Over the weekend, Sen. MIKE LEE (R-Utah) made a post on X saying that he “can’t wait” to ask FBI Director CHRISTOPHER WRAY about a video that purported to show a federal agent disguised with a MAGA hat inside the Capitol during the Jan. 6 riot. Alas: “In reality, the image Lee shared shows Jan. 6 defendant KEVIN LYONS, a self-proclaimed ‘idiot’ and Trump supporter who stole a framed photo of the late civil rights icon Rep. JOHN LEWIS and a staffer’s wallet from then-Speaker NANCY PELOSI’s office,” NBC’s Ryan Reilly writes. “When NBC News reached out for comment, Lee spokesman BILLY GRIBBIN in a statement dodged questions about the false claim. ‘Senator Lee would like Director Wray to answer important questions regarding the uncuffed rioter fist bumping Capitol police inside the building, the unidentified pipe bomber, and other individuals about whom the FBI and fraudulent January 6th Committee have shown a surprising lack of interest,’ he said.” HuffPost’s Arthur Delaney and Igor Bobic note: “Lee’s statements on social media were remarkable, given his efforts to depict himself as an intellectual defender of the U.S. Constitution and his apparent unwillingness to make any effort to check his facts.” TO THE LETTER — Reps. LISA McCLAIN (R-Mich.) and ANDY BIGGS (R-Ariz.) sent a letter to FDIC Chair MARTIN GRUENBERG as they investigate reported incidents of a toxic workplace at the agency, writing that it “may have turned a blind eye to sexual harassment and discrimination within its staff,” WSJ’s Rebecca Ballhaus reports. “McClain and Biggs requested records including complaints, investigations and reports, as well as all communications involving human-resources officials and the office of the chairman related to allegations of sexual misconduct, harassment or discrimination.” INTERESTING INTERVIEW — “‘Give him the benefit of the doubt’: Why one gay GOP leader is holding his fire on Mike Johnson — and wants to know if he has any gay friends,” by Insider’s Bryan Metzger COMING ATTRACTION — “X, Snap and Discord CEOs subpoenaed by lawmakers to testify about child sexual exploitation,” CNBC: “Sens. DICK DURBIN, D-Ill., and LINDSEY GRAHAM, R-SC, said they issued the subpoenas to the executives after “repeated refusals to appear during several weeks of negotiations.” … They said they expect Meta CEO MARK ZUCKERBERG and TikTok’s SHOU ZI CHEW to testify voluntarily during the Dec. 6 hearing.”
| | | | GET A BACKSTAGE PASS TO COP28 WITH GLOBAL PLAYBOOK: Get insider access to the conference that sets the tone of the global climate agenda with POLITICO's Global Playbook newsletter. Authored by Suzanne Lynch, Global Playbook delivers exclusive, daily insights and comprehensive coverage that will keep you informed about the most crucial climate summit of the year. Dive deep into the critical discussions and developments at COP28 from Nov. 30 to Dec. 12. SUBSCRIBE NOW. | | | | | JUDICIARY SQUARE SCOTUS WATCH — The Supreme Court this morning “rejected former Minneapolis police Officer DEREK CHAUVIN’s appeal of his conviction for second-degree murder in the killing of GEORGE FLOYD,” per the AP. “The justices did not comment in leaving in place state court rulings affirming Chauvin’s conviction and 22 1/2-year sentence.” IN THE DARK — “Democratic dark money kingmaker pumps millions into ‘nonpartisan’ Supreme Court watchdogs,” by the Washington Examiner’s Gabe Kaminsky: “The cash transfers, which became public on Wednesday upon the release of new financial disclosures, underscore how groups leading a campaign targeting Supreme Court Justices CLARENCE THOMAS and SAMUEL ALITO over trips and gifts they accepted, but did not report, rely on influential left-wing grantmakers to help keep their lights on. Several of these self-described watchdogs took heaps of cash from nonprofit organizations managed by Arabella Advisors, a consulting firm overseeing an anonymously funded network that spent over $1 billion last year propping up liberal causes.” AMERICA AND THE WORLD AUSTIN ABROAD — Defense Secretary LLOYD AUSTIN visited Kyiv this morning, where he was scheduled to meet with Ukrainian President VOLODYMYR ZELENSKYY and other officials, “vowing support for government at a time when progress in the war against Russia as well as U.S. military aid have both stalled,” NYT’s Matthew Mpoke Bigg writes. FOR YOUR RADAR — ALSU KURMASHEVA, a Russian-U.S. citizen who works for Radio Free Europe/Radio Liberty, was arrested in Russia earlier this year after traveling despite warnings against Americans entering the country. Now, there is a growing effort for the State Department to label her situation wrongfully detained, “a designation that would effectively commit the U.S. government to work to secure her release,” WSJ’s Ann Simmons and Louise Radnofsky report, noting that State Department officials are said to be reviewing the case. PLAYBOOKERS IN MEMORIAM — “John Walsh, who engineered Deval Patrick’s historic win, dies at 65,” by The Boston Globe’s Bryan Marquard: “As campaign manager, Mr. Walsh recruited a sprawling network of volunteers to spread Patrick’s message of inviting back into civic life those who felt left out or left behind. By propelling Patrick to victory in 2006, Mr. Walsh gave Massachusetts its first Black governor, its first Democratic leader in 16 years, and he created a campaign template Barack Obama would build upon during his road to the White House two years later.” TRANSITIONS — Former White House chief of staff Ron Klain is joining Airbnb as chief legal officer, Axios’ Mike Allen reports. … Anna Przebinda is now a manager at BPC Action. She most recently was a legislative correspondent for Sen. Tim Kaine (D-Va.). … Jerry Goldfeder is joining Cozen O’Connor as senior counsel and chair of its political law and compliance practice. He most recently was special counsel at Stroock. … … Jeff Keitelman, Michael Kosmas, Kim Pagotto and Steven Schneider are joining Hogan Lovells as partners in the D.C. office. Keitelman previously was co-managing partner of Stroock and former co-chair of Stroock’s Real Estate Group. Kosmas previously was lead of Stroock’s hospitality and leisure practice. Pagotto and Schneider previously were partners at Stroock. WELCOME TO THE WORLD — Michelle Fallor, IT senior engineer for the Department of Justice, and Evan Fallor, comms director for NAPEO, on Nov. 7 welcomed Ethan Micah Fallor, who came in at 7 lbs, 1 oz. Did someone forward this email to you? Sign up here. Send Playbookers tips to playbook@politico.com or text us at 202-556-3307. Playbook couldn’t happen without our editor Mike DeBonis, deputy editor Zack Stanton, producer Andrew Howard and Playbook Daily Briefing producer Callan Tansill-Suddath.
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