Playbook PM: Justice is blind (to document requests)

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FIRST IN PLAYBOOK — Even before West Virginia Gov. JIM JUSTICE jumped into the race for Sen. JOE MANCHIN’s (D-W.Va.) seat yesterday, his office deployed some hardball — and legally questionable — maneuvers to frustrate national Democrats preparing for his run.

The DSCC filed a Freedom of Information Act request on March 30 in West Virginia seeking Justice’s “official schedule or official calendar from January 2017 to present,” as well as the schedules or calendars of three of Justice’s staffers. It’s a standard move for opposition researchers digging into a sitting public official, and DSCC Research Director DIANA ASTIZ noted in the request that state law “permits disclosure of personal communications when the content or context relates to the conduct of the public’s business.”

On April 6, Justice’s office responded to the initial request, denying access. “None of the individuals above maintains a schedule or calendar solely for official business, as all calendars are reserved for the convenience of those individuals and contain both personal and official appointments,” the response letter states. The denial also cited a federal FOIA law as grounds for its refusal.

Then, on April 13, the DSCC refiled the request, noting that the federal FOIA statute has no bearing on West Virginia state law, which allows public access to “any writing containing information prepared or received by a public body, the content or context of which, judged either by content or context, relates to the conduct of the public’s business.”

Justice’s office responded on April 20, again denying the release of any schedules or calendars, this time citing both federal law and a Kentucky appeals court ruling dealing with that state’s FOIA law. General Counsel J. BERKELEY BENTLEY wrote that the decision was final and that Democrats could sue if they didn’t like it.

A spokesperson for Justice’s office did not respond to a request for comment. The DSCC, meanwhile, is considering its options. Spokesperson DAVID BERGSTEIN said Justice, who is already facing questions about his business dealings, “will face a level of scrutiny that he’s never encountered before.”

“His refusal to disclose his work schedule, or lack thereof, raises many additional questions that will undoubtedly be surfaced within this brutal Republican primary,” Bergstein added.

SPEAKING OF JUSTICE … Our colleague Burgess Everett reports today that it was Senate Minority Leader MITCH McCONNELL who personally recruited the governor to get into the race as he worked to stave off any influence from former President DONALD TRUMP.

“The upside to McConnell’s visit was simple: Courting Justice early would limit the risk if the former president backs another Manchin challenger and wins the party’s presidential nomination. Someone like Rep. ALEX MOONEY (R-W.Va.), a member of the House Freedom Caucus who got Trump face time in Florida last week,” Burgess writes.

McConnell’s gambit: “After several Trump-inspired candidates fell short last fall and denied the GOP the majority, the Kentucky Republican hopes to run a Senate campaign plan that’s divorced from the presidential race. That means getting candidates who can win even with the former president back on the ballot next year.”

HERE COMES PENCE — “Mike Pence is getting some political muscle. Super PAC to launch in May,” by Adam Wren: “A super PAC backing an expected MIKE PENCE presidential bid is planning to launch in mid-May, while his campaign is ramping up talks with consultants and activists in early nominating states, according to a senior adviser to the former vice president.”

RED LIGHT REDISTRICT — “North Carolina Supreme Court clears way for partisan gerrymandering,” by Zach Montellaro: “This sets up a process that allows national Republicans to expand their majority in the House of Representatives by as many as four seats.”

CLICKER — “Newly released White House photos capture the day bin Laden was killed,” by WaPo’s Nate Jones

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2024 WATCH

BURNING DOWN THE MOUSE — “DeSantis’ overseas trip overshadowed by fight with Disney,” by AP’s Brendan Farrington: “Facing questions this week about his standing within the GOP and his fight with Disney, he’s sometimes appeared agitated, reinforcing concerns within corners of his own party about his readiness for the rigor of presidential politics. … Speaking in Israel, DeSantis expressed confidence in his actions and is showing no sign of letting the Disney issue go. ‘I don’t think the suit has merit, I think it’s political,’ said DeSantis, whose political team has used the Disney fight to raise money.”

CONGRESS

THE STATE OF PLAY — “House GOP leaves Washington with a debt win — but not quite a breakthrough,” by Sarah Ferris and Olivia Beavers: “While Republicans believed the plan they passed Wednesday would force Biden to the table, the White House and most congressional Democrats have brushed it off and made clear they won’t entertain the GOP’s demands. Instead, both sides have retreated further into their corners, with each party planning to spend the coming days talking almost entirely to its respective base voters.”

HEADS UP — “House votes to rescind Biden’s solar tariff moratorium,” by Kelsey Tamborrino: “Twelve Democrats joined 209 Republicans to vote in favor of the Congressional Review Act resolution, H.J. Res. 39 (118). Eight Republicans voted against the resolution. The bipartisan support raises the stakes ahead of a Senate vote on the measure, where several Democrats have already said they would vote to rescind Biden’s two-year pause that was announced last June.”

POLICY CORNER

LEAK LATEST — “Accused Pentagon leaker’s violent rhetoric raises fresh questions about top secret vetting process,” by CNN’s Natasha Bertrand, Sean Lyngaas, Zachary Cohen and Haley Britzky: JACK TEIXEIRA “had to fill out an extensive questionnaire known as E-QIP (Electronic Questionnaires for Investigations Processing) and be vetted by the Defense Counterintelligence and Security Agency before being granted his clearance in 2021, officials told CNN. But according to court documents filed by prosecutors on Wednesday, Teixeira was suspended from his high school only three years earlier, when a classmate ‘overheard him make remarks about weapons, including Molotov cocktails, guns at the school, and racial threats.’ ‘That clearly would have been a red flag,’ one Pentagon official told CNN.”

Related read: “Congress’ anger at FBI shapes surveillance program’s future,” by AP’s Nomaan Merchant and Eric Tucker

STUCK IN THE MIDDLE — “How Randi Weingarten Landed at the Heart of America’s Political Fights,” by NYT’s Jonathan Mahler: “The public-education system may not be very popular right now, but both Democrats and Republicans tend to like their local schools and their children’s teachers. The unions that represent those teachers, however, are more polarizing. One reason for this is that they are actively involved in partisan politics, and, more specifically, are closely aligned with the Democrats, a reality powerfully driven home during the pandemic. … In some ways, RANDI WEINGARTEN and the A.F.T. — the union ‘boss’ and ‘big labor’ — are a logical, even inevitable target for the G.O.P.”

THE MEDICAID MESS — “Kicked off Medicaid: Millions at risk as states trim rolls,” by AP’s Amanda Seitz and Anita Snow

THE ECONOMY

FED UP — “Fed blames Trump-era policies, SVB leaders — and itself — for bank’s stunning collapse,” by Victoria Guida: “In an extraordinary and widely anticipated report led by [Fed regulatory chief MICHAEL] BARR, the Fed faulted SVB’s leadership for allowing glaring problems to build up in the leadup to the run by depositors that left the once-high-flying bank insolvent and shook the global financial system. But the 100-page document also criticizes an overly cautious approach by examiners at the central bank, a problem that it says was worsened by directives from RANDAL QUARLES, the Trump-appointed official who served as vice chair for supervision until late 2021.”

Related read: “Wages Continue to Grow, Good for Workers but a Worry for the Fed,” by NYT’s Ben Casselman

BEYOND THE BELTWAY

REWRITING HISTORY — “GOP uses state capitol protests to redefine ‘insurrection,’” by AP’s Kimberlee Kruesi and Ali Swenson: “Silenced by her Republican colleagues, Montana state Rep. ZOOEY ZEPHYR looked up from the House floor to supporters in the gallery shouting ‘Let her speak!’ and thrust her microphone into the air — amplifying the sentiment the Democratic transgender lawmaker was forbidden from expressing.

“It was a brief moment of defiance and chaos. While seven people were arrested for trespassing, the boisterous demonstration was free of violence or damage. Yet later that day, a group of Republican lawmakers described it in darker tones, saying Zephyr’s actions were responsible for ‘encouraging an insurrection.’ It’s the third time in the last five weeks — and one of at least four times this year — that Republicans have attempted to compare disruptive but nonviolent protests at state capitols to insurrections.”

POWERFUL READ — “Homeless in the City Where He Was Once Mayor,” by NYT’s Mike Baker: “CRAIG COYNER’s descent onto the streets of Bend, Ore., came after decades spent fighting as a lawyer and politician for those on the edge of society.”

AMERICA AND THE WORLD

ON THE GROUND IN UKRAINE — “Russian missile and drone attack in Ukraine kills 19 people,” by AP’s Andrea Rosa, Hanna Arhirova and David Rising: “The missile attacks included the first one against Kyiv, Ukraine’s capital, in nearly two months, although there were no reports of any targets hit. The city government said Ukraine’s air force intercepted 11 cruise missiles and two unmanned aerial vehicles over Kyiv.”

FOR YOUR RADAR — “U.S. Arms Warplanes With ‘Bunker Busting’ Bombs in Message to Iran,” by WSJ’s Dion Nissenbaum: “The decision to put more powerful weapons on a squadron of A-10 Warthogs was designed to give pilots a greater chance of success in destroying ammunition bunkers and other entrenched targets in Iraq and Syria, where U.S. forces have been repeatedly targeted by Iran-backed fighters, the officials said.”

PLAYBOOKERS

OUT AND ABOUT — The Bipartisan Policy Center hosted a party yesterday evening for Richard Norton Smith’s new book, “An Ordinary Man: The Surprising Life and Historic Presidency of Gerald R. Ford,” ($19.99) at the AT&T Forum. SPOTTED: Sen. Dick Durbin (D-Ill.), Ann Compton, Jason Grumet, Luci Manning, Howard Mortman, Paul Orgel, Tevi Troy, Steve Holland, Alice Stewart, Tom DeFrank, Michele Manatt, Janet Brown, Erin Meade, Lisel Loy, Michele Nellenbach, Kelly Darnell, Jason Grumet, Steve Scully, Andrew Nason, Chris Matthews, Naleli Askew, Eric Nelson and Michael Thorning.

— Alencia Johnson, Ryan Butler and Willie “Prophet” Stiggers hosted an event Wednesday night at HQ DC House celebrating hip hop’s 50th anniversary and the role it has played in social justice movements, with Reps. Hank Johnson (D-Ga.) and Jamaal Bowman (D-N.Y.) in attendance to explain the importance of their Restoring Artistic Protection (RAP) Act. SPOTTED: Vince Evans, Erica Loewe, Kirsten Allen, Stephanie Young, Crystal Carson, Jason Johnson, Richard Fowler, Michele Ballantyne, Sean Glover, Brittany Packnett Cunningham, Shaniqua McClendon and Sesha Joi Moon.

— The Embassy of Sweden hosted an event Monday night at the Rayburn House Office Building in celebration of the Swedish Army’s 500 Year Anniversary and the strong bilateral ties between the United States of America and the Kingdom of Sweden. SPOTTED: Swedish Ambassador Karin Olofsdotter, Reps. Brandon Williams (R-N.Y.), Rick Larsen (D-Wash.), Joe Wilson (R-S.C.), Joe Morelle (D-N.Y.), Jack Bergman (R-Mich.), Dale Strong (R-Ala.) and Doug Lamborn (R-Colo), Erik Smith, Lena Gillström, Lennart Ljungfelt, Karl Engelbrekston, Jonas Wikström and Jonny Lindfors.

— SPOTTED last night at the Western Caucus Foundation Spring Reception near Bullfeathers with a special performance from Rep. Rick Crawford’s (R-Ark.) band, Triple Nickel: Congressional Western Caucus Chair Rep. Dan Newhouse (R-Wash.), Pete Stauber (R-Minn.), Cliff Bentz (R-Ore.), Darrell Issa (R-Calif.), Tom Tiffany (R-Wis.), Debbie Lesko (R-Ariz.), Bill Johnson (R-Ohio), John Curtis (R-Utah), Ryan Zinke (R-Mont.), Jake LaTurner (R-Kan.), Adrian Smith (R-Neb.), Mariannette Miller-Meeks (R-Iowa), Nicole Malliotakis (R-N.Y.), Doug LaMalfa (R-Calif.), Juan Ciscomani (R-Ariz.), Austin Scott (R-Ga.), Jim Baird (R-Ind.), Dusty Johnson (R-S.D.), Jerry Carl (R-Ala.), Russ Fulcher (R-Idaho.), and Andy Ogles (R-Tenn.).

WELCOME TO THE WORLD — Ashley Parker, senior national political correspondent for WaPo, and Mike Bender, political correspondent for NYT, welcomed Nell Parker Bender on Monday. Pic

BONUS BIRTHDAY: Education’s Joaquin Tamayo

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CORRECTION: A previous version of this newsletter misreported Rep. Russ Fulcher's home state.