Subject: POLITICO Playbook: Kavanaugh inches forward as tensions run high in the Capitol
From: "Anna Palmer Jake Sherman Daniel Lippman" <[email-masked]>
To: <[email-masked]>
Date: Fri, 05 Oct 2018 04:26:08 -0600
List-Id: <1376319.xt.local>

Presented by PhRMA: Playbook is POLITICO's must-read briefing on what's driving the day in Washington                Oct 05, 2018 View in browser                   
 By Anna Palmer, Jake Sherman and Daniel Lippman 
         
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              DRIVING THE DAY      
BULLETIN ... THE NOBEL PEACE PRIZE was just awarded to Denis Mukwege and Nadia Murad "for their efforts to end the use of sexual violence as a weapon of war and armed conflict." AP story

THE MOOD IN THE CAPITOL ... AS BRETT KAVANAUGH'S nomination appears to be inching toward the finish line, the Capitol has become flooded with protesters, harking back to 2010, when the right loudly opposed the passage of the Affordable Care Act.

THREE HUNDRED AND TWO people were arrested on Capitol Hill yesterday for "unlawfully demonstrating" in Senate office buildings. Capitol Police were walking around with zip ties looped around their belts. They were checking staffers' badges multiple times while walking through the Capitol complex. And they have closed off hallways typically open to reporters and the public. 

WHEN WE went to get a coffee at Cups -- in the Russell office building -- we were greeted by a group of protesters who wanted to know if we worked for a senator, presumably looking for an ear to bend to try to change a vote. Several rank-and-file senators have full-time police escorts -- an unusual dynamic in a building where elected officials usually roam free.

THE CRITICAL PROCEDURAL VOTE to end debate will be this morning at 10:30 A.M. That would place vote on final passage at around 4:30 p.m. Saturday -- but this could move up if people want to get out of town, or get later, if -- as Burgess and Elana describe below -- Republicans need Sen. Steve Daines' (R-Mont.) vote.

THE POLITICO LEDEALL (chock-full of detail) ... BURGESS EVERETT and ELANA SCHOR: "GOP leaders all but guarantee Kavanaugh confirmation": "Republican leaders insist they don't speak for the three GOP holdouts, but they sure talk like they've already won the battle for Brett Kavanaugh's confirmation.

"The confidence was on open display as the party's chief vote counter, speaking at a news conference Thursday, all but guaranteed that Kavanaugh will clear a procedural hurdle on Friday and be confirmed a day later. He and other top Republicans had reason to cheer, after Sens. Jeff Flake of Arizona and Susan Collins of Maine gave encouraging early remarks about the FBI's much-anticipated Kavanaugh report, enough to seal the confirmation if their statements translate into votes. ... 

"And asked how he was feeling, Senate Majority Leader Mitch McConnell (R-Ky.) gave nothing away: 'OK,' he said as he strode away from the news conference. 

-- IMPORTANT DETAIL: "The vote could even drag into Sunday if Republican leaders need Sen. Steve Daines (R-Mont.). He will attend his daughter's wedding in Montana on Saturday, according to his spokeswoman Katie Schoettler. Daines supports Kavanaugh but is intent on walking his daughter down the aisle.

"But that will matter only if Friday's procedural vote is tied; otherwise, GOP leaders won't need him if Kavanaugh gets 51 votes or more. And even if the party needs Daines, McConnell could hold the vote open for hours for him to get back and confirm the judge." POLITICO

CNN'S MANU RAJU (@mkraju) at 11:14 p.m.: "Lisa Murkowski, still undeclared, was expected to get another briefing about Kavanaugh probe tonight in a late-night session with Senate GOP staff on Judiciary. @FoxReports @tedbarrettcnn @jeremyherb and I spotted GOP senators who are her friends drop by the briefing room"

AFTER HEITKAMP'S 'NO' -- @politicoalex: ".@NRSC has begun cancelling at last some of its planned 10/17-11/6 TV ad reservation in North Dakota, per media buying figures."

RETIRED JUSTICE JOHN PAUL STEVENS on KAVANAUGH: "His performance during the hearings caused me to change my mind. I think, as several commentators, Larry Tribe among them, who is a constitutional professor at Harvard, have written pieces in which they suggest he has alienated, he has demonstrated a potential bias involving enough potential litigants before the court that he would not be able to perform his full responsibilities. 

"And I think there's merit in that criticism. And that the senators should really pay attention to it. For the good of the court, it's not healthy to get a new justice that can only do a part-time job." The 56-second clip

HEADS UP ... JUSTICES SONIA SOTOMAYOR and ELENA KAGAN will speak at Princeton -- their alma mater -- today at 5 p.m.

THE WAPO EDITORIAL BOARD came out against Kavanaugh. It's the first time the paper has opposed a SCOTUS nominee since Robert Bork in 1987. WaPo
       
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ABOUT THAT JUDICIAL TEMPERAMENT ... KAVANAUGH RESPONDS IN THE WSJ: "I Am an Independent, Impartial Judge": "I was very emotional last Thursday, more so than I have ever been. I might have been too emotional at times. I know that my tone was sharp, and I said a few things I should not have said. I hope everyone can understand that I was there as a son, husband and dad. I testified with five people foremost in my mind: my mom, my dad, my wife, and most of all my daughters.

"Going forward, you can count on me to be the same kind of judge and person I have been for my entire 28-year legal career: hardworking, even-keeled, open-minded, independent and dedicated to the Constitution and the public good. As a judge, I have always treated colleagues and litigants with the utmost respect. I have been known for my courtesy on and off the bench. I have not changed. 

"I will continue to be the same kind of judge I have been for the last 12 years. And I will continue to contribute to our country as a coach, volunteer, and teacher. Every day I will try to be the best husband, dad, and friend I can be. I will remain optimistic, on the sunrise side of the mountain. I will continue to see the day that is coming, not the day that is gone." WSJ

-- SO MUCH of the Kavanaugh SCOTUS nomination has been unprecedented. But it's worth noting that it is very unusual for a court nominee to make his case in an op-ed before a Senate vote.

Good Friday morning. FIRST LADY MELANIA TRUMP, who is on her first solo trip to Africa, will give an exclusive interview to ABC'S TOM LLAMAS that will air tonight in a special edition of "20/20" at 10 p.m. 

TRUMP IN ROCHESTER, MINN. -- "At Rochester rally, Trump makes a case for Minnesota Republicans in November," by the Star Tribune's Judy Keen, Kelly Smith and Stephen Montemayor: "President Donald Trump predicted a 'very big surprise' in Minnesota in the upcoming midterm elections as he urged Republicans gathered here Thursday to support candidates who will back his agenda. 'This is supposed to be a Democrat state. ... I don't think so,' Trump said to loud cheers. ...

"'I need your vote. I need your support to stop radical Democrats and to elect proud Minnesota Republicans,' the president said, clearly relishing campaign mode. Electing Democrats, he warned, would create 'a nightmare of gridlock, chaos and, frankly, crime.'

"Escalating a full-bore blast at Democrats in remarks that lasted 70 minutes, he called them 'truly the party of crime.'" Star Tribune

-- NYT'S MAGGIE HABERMAN in ROCHESTER: "President Trump on Thursday mocked former Senator Al Franken for folding 'like a wet rag' and quickly resigning last year in the face of sexual misconduct allegations - an extraordinary statement as the president's Supreme Court nominee nears a vote in a confirmation process rocked by such accusations.

"Mr. Trump, addressing a rally in Mr. Franken's home state of Minnesota, mentioned the woman who was appointed to take the senator's seat, Tina Smith, during an extended riff in which he suggested that Mr. Franken was weak for stepping down so quickly. 'Nobody knows who the hell she is,' Mr. Trump said. 'She took a wacky guy's place.'

"'He was wacky,' Mr. Trump said. 'Boy, did he fold up like a wet rag, huh? Man. Man. He was gone so fast, O.K.?' 'Oh, he did something,' he said, adding, ''Oh, oh, oh, I resign, I quit.'' 'I don't want to mention Al Franken's name, so I won't mention.'" NYT

FACEBOOK'S JOEL KAPLAN ON THE HOT SEAT -- WSJ'S DEEPA SEETHARAMAN: "Zuckerberg Faces Anger Over Facebook Executive's Kavanaugh Support": "Hundreds of Facebook Inc. employees have expressed outrage about a top global policy executive's decision to support Supreme Court nominee Brett Kavanaugh and appear at his hearing last week, people familiar with the matter said.

"Employees raised the question directly to Chief Executive Mark Zuckerberg during his weekly question-and-answer session last Friday, the people said. Chief Operating Officer Sheryl Sandberg also weighed in on the controversy on Friday in an internal discussion thread that has so far drawn hundreds of comments, many of which were critical, according to people who reviewed the posts. ... 

"Mr. Zuckerberg said last Friday he wouldn't have made the same decision but the appearance didn't violate Facebook policies and that Mr. Kaplan has long been close friends with Judge Kavanaugh.

"The controversy hasn't died down internally. Senior Facebook executives, including Mr. Zuckerberg and Ms. Sandberg, are planning to hold a town hall meeting Friday to address employee concerns about Mr. Kaplan's decision, people close to Facebook say. Mr. Kaplan, who is based in Washington, D.C., will participate as well, the people said.

"In her post, Ms. Sandberg wrote: 'I've talked to Joel about why I think it was a mistake for him to attend given his role in the company,' according to a copy of the post reviewed by The Wall Street Journal. 'We support people's right to do what they want in their personal time but this was by no means a straightforward case.'" WSJ

POLITICAL FALLOUT FROM KAVANAUGH -- "G.O.P. Hopes Anger Over Treatment of Kavanaugh Propels Voters to the Polls," by NYT's Jeremy W. Peters and Maggie Haberman: "President Trump and his conservative allies now see their effort to confirm Judge Brett M. Kavanaugh as central to salvaging the Republican Party's fortunes in the midterm elections, and hope to use the fervent liberal opposition to his nomination to the Supreme Court as a graphic example of the threat posed by a Democratic return to power in Congress. 

"The increasingly aggressive attacks on Judge Kavanaugh's main accuser and the dark warnings about Democrats from his supporters are part of an effort to harness Republicans' outrage over what they see as a Democratic plot to steal a pivotal Supreme Court seat. ... But even as Senate Republicans are increasingly confident that Judge Kavanaugh will be confirmed, some party leaders fear his confirmation could dissipate some of the anger and sap the party of a powerful source of energy." NYT

PENTAGON REPORT ... "Trump Considers Firing Air Force Chief Over Space Force Pushback," by Foreign Policy's Lara Seligman: "U.S. President Donald Trump is peeved with Air Force Secretary Heather Wilson over her handling of his directive to stand up a separate Space Force in the U.S. military, and he's considering ousting her after the midterm elections, three sources with knowledge of the matter told Foreign Policy. Wilson, a former Republican congresswoman from New Mexico, recently angered Trump as well as Deputy Defense Secretary Patrick Shanahan, Defense Secretary James Mattis's second in command, with what is seen as a campaign to undermine the Space Force effort, the sources said. ...

"[T]he source with knowledge of the situation said the administration is already exploring options to replace her. One name that has been floated is Rep. Mike Rogers, an Alabama Republican, who has been a strong advocate of establishing a separate military entity to oversee space for years." FP

2018 WATCH -- SCOOP ... "Florida Republican House candidate snubs Trump rally," by Marc Caputo: "President Donald Trump's political team wanted to rally in Florida next week beside Ron DeSantis, the Republican nominee for governor, and the Republican who hopes to succeed him in the House. 

"But sources familiar with the talks say the congressional candidate, Michael Waltz, declined amid concerns about the risks of publicly stumping with Trump, and instead wanted the president to headline a private fundraiser in his central Florida-based district. Both prospective events fell through in the end. 

"The episode provides a revealing glimpse into the midterm election homestretch, where many Republican House incumbents and candidates are scrambling to lock down their elections - and to keep some distance from their party's polarizing president." POLITICO

CARLA MARINUCCI in Fullerton, Calif.: "Biden boosts Democrats on the rise in Reagan Country": "Former Vice President Joe Biden hit the heart of Reagan Country on Thursday, riding a wave of Democratic grassroots anger over the Brett Kavanaugh confirmation to boost the party's House candidates, who he said would 'go about resetting the moral compass of this country.'

"'Our core values, the American story is being assailed,' Biden told a raucous crowd of 500 at California State University Fullerton. 'The fabric that has always held us together, in good times and hard times, is being shredded before our eyes.'

"In an impassioned call to arms, and with new polls raising hopes of a 'blue tide' to swamp incumbent House Republicans in next month's midterms, Biden told Democrats that in places across the country like Orange County - a traditional GOP stronghold - their party faced the most important choices in a lifetime." POLITICO

-- WAPO'S MICHELLE YE HEE LEE and SEAN SULLIVAN in Knoxville, Tenn.: "In deep-red Tennessee, Republicans are anxious about the U.S. Senate race"
           
A message from PhRMA:

 
Hospital markups lead to higher costs for everyone - patients, employers and payers. Find out more.
         
TRUMP'S FRIDAY -- The president will participate in a defense industrial base report presentation in the Oval Office at 1:45 p.m. He will also participate in a signing ceremony for the "FAA Reauthorization Act of 2018" in the Oval Office at 2:45 p.m.

SUNDAY SO FAR ...
          
CBS
 
"Face the Nation": Greg Miller, Panel: Nancy Cordes, John Harris, Ramesh Ponnuru and Seung Min Kim
   
FOX
 
"Fox News Sunday": Sen. Lindsey Graham (R-S.C.) ... Ronna McDaniel ... Panel: Josh Holmes, Chris Stirewalt, Marie Harf and Juan Williams. Power Player: Matthew Wendel, the manager of Blair House
   
CNN
 
"State of the Union" (guest-hosted by Dana Bash): Panel: Van Jones, Rick Santorum, Amanda Carpenter and Jen Psaki
   
CNN
 
"Inside Politics" (guest-hosted by Nia-Malika Henderson): Jonathan Martin, Kaitlan Collins and Sahil Kapur
   
NBC
 
"Meet the Press": Sen. Chris Coons (D-Del.). Panel: Michael Beschloss, Al Cardenas, Kasie Hunt and Danielle Pletka
                         PLAYBOOK READS         

PHOTO DU JOUR: First lady Melania Trump pets a baby elephant at the David Sheldrick Wildlife Trust elephant orphanage in Nairobi, Kenya, on Friday. | Ben Curtis/Pool, via AP
   
FOR YOUR RADAR -- "Erik Prince, in Kabul, pushes privatization of the Afghan war," by WaPo's Karen DeYoung, Shane Harris and Dan Lamothe: "More than a year after his plan to privatize the Afghan war was first shot down by the Trump administration, Erik Prince returned late last month to Kabul to push the proposal on the beleaguered government in Afghanistan, where many believe he has the ear - and the potential backing - of the U.S. president. Prince swept through the capital, meeting with influential political figures within and outside the administration of President Ashraf Ghani.

"'He's winning Afghans over with the assumption that he's close to Trump,' said one well-informed Afghan, adding that many of Prince's ideas feed into frustration with and within the Afghan military, particularly given its high casualty rate.

"But Prince also sparked what Ghani, in a statement Thursday, condemned as 'a debate' within the country over 'adding new foreign and unaccountable elements to our fight.' 'Under no circumstances,' the statement said, will Afghanistan 'allow the counterterrorism fight to become a private, for-profit business.' At the Pentagon, the head of the U.S. Central Command, Gen. Joseph Votel, told reporters that 'I absolutely do not agree' with Prince's contention that he could win the war more quickly and for less money with a few thousand hired guns." WaPo

-- "APNewsBreak: DEA's Colombia post jarred by misconduct probes," by Jim Mustian and Joshua Goodman in Bogota: "New turmoil has roiled the U.S. Drug Enforcement Administration's high-profile office in Colombia, where at least three agents have left in recent months amid investigations into alleged misconduct, including accusations that one passed secrets to drug cartels and another used government resources to hire prostitutes." AP
           
A message from PhRMA:

 
Nearly 1 in 5 hospitals mark up medicine prices 700 percent or more.
         
PLAYBOOK METRO SECTION -- "Washington Redskins Owner Asks $49 Million for Maryland Mansion," by WSJ's Katherine Clarke: "Washington Redskins owner Dan Snyder is listing his Potomac, Md., mansion, inspired by an 18th Century French chateau, for $49 million. Mr. Snyder is the founder of Snyder Communications, a marketing company that sold for $2.5 billion in 2000. 

"Around the same time, he bought the riverfront property from the estate of Jordan's King Hussein and Queen Noor, according to TTR Sotheby's International Realty, the company listing the property. He paid about $8.64 million for the main parcel, but then expanded the property by later acquiring adjacent parcels, bringing the total footprint to about 15.2 acres, according to Sotheby's. ... Mr. Snyder, 53, [is] selling because he and his wife are building another home in the area." With two pix: WSJ

COMING ATTRACTIONS -- "Laurie Metcalf and John Lithgow to Star on Broadway in 'Hillary and Clinton,'" by the Hollywood Reporter's David Rooney: "Laurie Metcalf and John Lithgow, both two-time Tony Award winners, will team up on Broadway to play the power couple who have been a prominent part of the American political landscape for the past quarter-century in Hillary and Clinton. 

"The play by Lucas Hnath is a four-hander set in New Hampshire during the 2008 Democratic primaries, as Hillary Rodham Clinton, her chief strategist Mark J. Penn and her husband Bill Clinton butt heads over whether bringing in the former president will be a liability or an asset in HRC's troubled campaign to secure the nomination for a White House run. Her opponent, Barack Obama, is the play's unnamed fourth character, referred to only as 'The Other Guy.'" THR
                 PLAYBOOKERS      
BIRTHDAY OF THE DAY: James Hamblin, staff writer at The Atlantic. How he got his start in his career: "I went to medical school and then did three years of residency, and during that time I started doing freelance writing and improv, which I found myself enjoying way more than practicing radiology. So, very long story short, I applied for a job as health editor at The Atlantic. This was back in 2012 when we were a much smaller team and the internet was a bloggier place, and because I had this knowledge base and experience and ability to work quickly, the good people of The Atlantic were willing to give me a shot, and I left the residency. I regret it every minute of every day. No, things
 are good." Playbook Plus Q&A

BIRTHDAYS: Thomas Roberts is 46 ... Catherine Hicks, account executive at FleishmanHillard and a Trump WH alum, is 25 ... Alexandra Pelosi ... Mandy Grunwald ... Mark Paoletta, general counsel for OMB, is 56 ... Teresa Heinz Kerry ... Jon Banner, EVP at PepsiCo and an ABC News alum, is 51 ... Samsung's Megan Pollock (hat tip: Meredith McPhillips) ... Carolyn Weyforth Glanville ... Bob Geldof is 68 ... Sen. Ben Cardin (D-Md.) ... former Rep. Denny Rehberg (R-Mont.) is 63 ... Sloane Potter ... Amanda Harris ... Josh Althouse, public policy manager at Facebook ... Taylor Frechette ... Peter Schottenfels, comms manager at Google ... Jim Demers (h/t Erik Smith) ... Jonathan Darche ... Karina
 Petersen, comms director for Sen. Murkowski (R-Alaska) ... Obama NEC alum Brayden McCarthy (h/t Alex Levy) ... Banks Woodruff (h/t James Davis) ... 

... Matt Parker, Bush 43 WH alum ... Elisabeth Leoni ... AEI's Joseph Kosten ... Emily Gribble ... Alison Young ... POLITICO's John Schwegman ... AP's David Klepper ... Caitlin Offinger of BerlinRosen ... Edelman's Farrah Hassan ... Andrea Samuelsen ... Lainie Ori ... Jill Giuliani Kennedy ... Fabien Levy ... CBS' Whitney Bright ... Kevin Hall, a Mark Warner alum ... Erick M. Sanchez ... Mike Petruzzello of Qorvis (h/t Kevin Chaffee) ... Matt Well, partner at the Herald Group (h/t Taylor Gross) ... Chris Michel ... Ashton Theodore Randle ... Will Keesee ... Julie Copeland ... Blanchi Bettina Cosio ... John Herzog ... Hasib Alikozai ... Michael Tardif ... John Jasik ... Doug Bailey ... Peggy
 Suntum ... Jim Cavanaugh ... Jess Vilsack (h/t Teresa Vilmain)
       
A message from PhRMA:
 
Nearly one in five hospitals mark up medicine prices 700% or more, according to a new analysis. This means that if a hospital purchased a medicine for $150, a 700 percent markup could result in patients being billed $1,050 for that medicine. Even worse, 320 hospitals in the study marked up prices more than 1000%. These hospital markups lead to higher costs for everyone - patients, employers and payers. When hospitals mark up the cost of medicines...Patients pay the price.
                        
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