Playbook: What’s in store for Trump’s DOJ
Playbook: What’s in store for Trump’s DOJ
    Posted on 11/18/2024
With help from Eli Okun, Garrett Ross and Bethany Irvine

DRIVING THE DAY

JUST POSTED — “The ‘team of vipers’ is back,” by Rachael Bade: “The last time CLIFF SIMS was this close to presidential power, he coined an indelible phrase for the cut-throat coterie around DONALD TRUMP — it was a ‘Team of Vipers’ as he titled his 2019 tell-all. Now a key member of the Trump transition, Sims is showing that he knows his way around the old snake pit.”

What happened: “According to two well-placed Republicans … Sims’ presence came to head this week with Trump — who had only vaguely recognized him in transition meetings and asked for more information on his background. After an aide put a folder of clips about Sims and his book on Trump’s desk, he exploded. … Yet as of Friday, Sims remains on the job — and could be in line for a plum administration post.”

TRUMP’S JUSTICE LEAGUE — Trump’s plans for the Justice Department became clearer this week — and plenty of insiders are apoplectic about what may be in store.

Trump’s decision to nominate MATT GAETZ as his attorney general — widely regarded as manifestly unfit for the job on grounds of experience, integrity, character, competence, you name it — sent shockwaves through Washington this week.

Gaetz’s principal qualification appears to be his unwavering devotion to Trump, but at this point, it’s decidedly unclear whether Gaetz will make it through the confirmation gauntlet — particularly given mounting questions about the findings of a reportedly critical House Ethics probe.

But let’s set Gaetz aside for the time being. Trump also announced this week that he would appoint three of his criminal defense lawyers to top DOJ posts — TODD BLANCHE as deputy AG, the second-highest-ranking official in the department; EMIL BOVE as principal associate deputy AG, essentially deputy to the deputy; and DEAN JOHN SAUER as head of the solicitor general’s office, which represents the federal government before the Supreme Court.

Blanche and Bove defended Trump (unsuccessfully) at his Manhattan hush-money trial earlier this year and are both former federal prosecutors in the prestigious Southern District of New York, while Sauer handled Trump’s immunity argument before the Supreme Court in the federal prosecution against Trump for allegedly trying to overturn the 2020 election results.

The selection of all three men has raised eyebrows. After all, Trump’s criminal defense lawyers would be running the Justice Department that has been prosecuting him, and one obvious concern is whether they would effectively use their positions to advance his stated personal interest in using the DOJ to go after his political opponents.

We reached out to some of Blanche and Bove’s former colleagues in the SDNY to get their take on the appointments, and the rough consensus — from some potentially surprising figures — was cautiously optimistic.

“Todd and Emil are both accomplished former federal prosecutors well-trained in the finest nonpartisan traditions of the Department of Justice,” Rep. DAN GOLDMAN (D-N.Y.), a former SDNY prosecutor who overlapped there with Blanche and Bove told us. (Goldman, of course, was lead counsel on the first Trump impeachment and is a staunch Trump critic.)

“Donald Trump has been clear that he intends to weaponize the DOJ for his partisan interests,” Goldman added, “but I expect Todd and Emil to adhere to those principles and the rule of law in the face of any pressure to do otherwise.”

“This isn’t about who I would want in that position,” MIMI ROCAH, the sitting Westchester County DA, a Democrat and herself an SDNY veteran, told us. Blanche worked as Rocah’s deputy for about two years when she supervised the White Plains division of the office. “It’s about who’s qualified and has the seriousness, skills, abilities, ethics, to have a role like that,” she added. “And I think Todd certainly does.”

Others were warier.

Another former colleague described Blanche as “your typical throwback rough-and-tumble violent crimes prosecutor” and said that “I don’t think any of his colleagues from SDNY would have imagined him running the day-to-day operations of the Justice Department.” The former colleague went on to add that “the bar is so low with these Trump appointments [that] everyone is at least happy to see a ‘real guy’ in there.”

As for Bove — who will not need to go through Senate confirmation for his position — the former colleague questioned his temperament and reminded us of a widely publicized controversy in which Bove supervised a trial team that was eventually taken to task by the presiding judge in the SDNY for trying to bury evidence favorable to the defendant — a mortal sin in prosecutorial circles.

“Emil Bove has ridden a hell of a roller coaster to be here,” the former colleague continued, adding that he “was an odd duck at SDNY” who was known for “threatening, pound-the-table antics” that were “wild as a supervisor and as a line assistant.”

“It will be interesting to see how he fits in to the DOJ leadership,” the person said.

As for Sauer, he is most famous — or infamous — for arguing that Trump would be immune from criminal prosecution as a sitting president even if he directed the military to assassinate a political rival.

On the one hand, the position is outrageous as a political matter and grossly anti-democratic. On the other hand, the six Republican appointees on the Supreme Court basically agreed.

The hand-wringing in DOJ-land is probably not over just yet: Trump is widely expected to push out CHRISTOPHER WRAY, the FBI director he picked in 2017 to replace JAMES COMEY, in favor of a more loyal hand.

Yesterday, CNN reported that KASH PATEL — the former prosecutor and intelligence official who is widely disliked in official Washington circles — is among the candidates. If installed, Sara Murray, Zachary Cohen, Evan Perez and Pamela Brown write, he “would be well-positioned to try to investigate Trump’s political enemies, declassify sensitive information and purge career civil servants.”

Related read: “Trump’s victory has Biden Justice Dept. racing to finalize police fixes,” WaPo’s David Nakamura and Mark Berman

Good Saturday morning. Thanks for reading Playbook. Drop me a line: [email protected].

KUDLOW OUT — Despite chatter that LARRY KUDLOW could join a second Trump administration as either Treasury secretary or head of the NEC, it seems he’ll be skipping out this time around. “Larry Kudlow recently signed a new deal to continue hosting his eponymous program on FOX Business and has no plans to leave his current role helming one of the highest rated shows on the network,” a Fox News spokesperson said in a statement provided to Playbook.

HYDE-SMITH OUT — GOP Mississippi Sen. CINDY HYDE-SMITH, who has been subject of speculation to become Agriculture secretary, also appears to be happy with her current job. “President Trump will always have my support, and I believe I can be most valuable to him and our country’s farmers and ranchers through my work in the U.S. Senate, particularly as we work toward a new farm bill and address other agricultural and economic issues,” she said in a statement.

LEAVE IT TO LEAVITT — 27-year-old KAROLINE LEAVITT, who served as the Trump campaign national press secretary and a comms shop vet from the first Trump administration, is the pick for press secretary this time around, Meridith McGraw notes. “According to people on the campaign, she was well liked by her colleagues. She had also shown herself unafraid to tussle with the press on television and already has the public support of some Trump allies.”

THIS MIGHT LEAVE A MARK — PETE HEGSETH, the Fox News star turned Defense secretary nominee, was “flagged as a possible ‘Insider Threat’ by a fellow service member due to a tattoo on his bicep that’s associated with white supremacist groups,” AP’s Tara Copp, Michelle Smith and Jason Dearen report.

“Hegseth, who has downplayed the role of military members and veterans in the Jan. 6, 2021, attack and railed against the Pentagon’s subsequent efforts to address extremism in the ranks, has said he was pulled by his District of Columbia National Guard unit from guarding Joe Biden’s January 2021 inauguration. He’s said he was unfairly identified as an extremist due to a cross tattoo on his chest.

“This week, however, a fellow Guard member who was the unit’s security manager and on an anti-terrorism team at the time, shared with The Associated Press an email he sent to the unit’s leadership flagging a different tattoo reading ‘Deus Vult’ that’s been used by white supremacists, concerned it was an indication of an ‘Insider Threat.’”

Tweeting through it: While most administration nominees keep mum as confirmation looms, Hegseth responded on his X account yesterday, reposting JD VANCE calling the tattoo a “Christian motto.” Wrote Hegseth, “They can target me — I don’t give a damn — but this type of targeting of Christians, conservatives, patriots and everyday Americans will stop on DAY ONE at DJT’s DoD.”

That’s not all: Trump’s team is reportedly mulling the Hegseth pick with more scrutiny in light of reports about a 2017 sexual assault allegation that was investigated by police, WaPo’s Michael Kranish, Josh Dawsey, Jonathan O’Connell, Dan Lamothe and John Hudson report.

WHAT'S HAPPENING TODAY

At the White House

Biden is in Lima, Peru, where he will participate in a greet with Peru President DINA BOLUARTE ZEGARRA. Later, he will participate in the APEC Leaders’ Retreat and a family photo with APEC leaders. Biden is also set to hold a bilateral meeting with Chinese President XI JINPING.

VP KAMALA HARRIS has nothing on her public schedule.

PLAYBOOK READS

9 THINGS THAT STUCK WITH US

1. TRANSITION LENSES: As with so many things in Trump’s orbit, the transition has proven to be something of a made-for-TV process in many ways. “Much of the action has taken place under the chandelier in the tearoom at Mar-a-Lago, where Mr. Trump surveys his potential Cabinet nominees on giant video screens,” NYT’s Jonathan Swan and Maggie Haberman report.

“He flicks through shortlists that his transition team, led by the billionaire HOWARD LUTNICK, has drafted over the past months. If Mr. Trump shows an interest in a candidate, the presentation is designed to allow him to immediately watch videos of the potential nominee’s TV appearances — essential for any would-be Trump cabinet official.” Needless to say: “The president-elect is picking people he considers true loyalists, with little regard for whether they can pass Senate confirmation.”

Same as it ever was: “Even with the differences since 2016, all signs so far indicate that the 78-year-old president-elect is sticking to some of his old habits. It sometimes seems to his staff as if half the world now has Mr. Trump’s cellphone number. Even since becoming the president-elect, he still seems willing to take every call — even calls from unknown foreign numbers.”

2. HEALTH CHECK: Lobbyists around town were stunned by Trump’s pick of ROBERT F. KENNEDY JR. to head up HHS and are now “plotting how to stop the Senate from confirming him,” Daniel Payne reports. “They’re also currying favor in case they can’t.” As many of the K Street creatures fret over what RFK means for their clients, they’re looking for any connections that can help. “More than a dozen who work for companies in RFK’s crosshairs said they’re telling clients to keep their cool. Their attitude is indicative of the confusion gripping Washington’s lobbying corridor, K Street, since Trump’s election earlier this month.”

And RFK’s record — from abortion to vaccines to much more — is causing quite the stir from different wings of the Republican Party, potentially jeopardizing his ability to get confirmed by the Senate, Brittany Gibson and David Lim report.

3. BEING BORIS: BORIS EPSHTEYN, who has demonstrated his proximity and power in Trump’s circle throughout the transition process thus far, this week pitched himself to become Trump’s special envoy for the Russia-Ukraine conflict, NYT’s Maggie Haberman and Jonathan Swan report. “Whatever comes of Mr. Epshteyn’s idea, Mr. Trump has already given his adviser extraordinary power and shown a willingness to heed his counsel above that of others. Even the world’s richest man, ELON MUSK, who has been in many transition meetings in the past week, has privately remarked at how surprised he is that Mr. Epshteyn has been granted so much authority.”

4. COMMITTEE CONUNDRUM: The House Ethics Committee is facing an existential crisis as it decides what to do with its investigation into Gaetz, Daniella Diaz, Olivia Beavers, Jordain Carney, Nicholas Wu and Mia McCarthy report. “Lawmakers on the historically bipartisan committee have two main options: Release their long-running report into his alleged misconduct and risk incurring President-elect Donald Trump’s wrath, or keep it under wraps and face accusations of burying potentially scandalous information about a nominee for attorney general, the most powerful law enforcement official in the country.

“And if leading members decide to go rogue and leak it to the press, they could destroy the bipartisan reputation of the committee. The panel is already widely seen as ineffective, taking months or years to issue reports on wrongdoing, holding little to no punitive power and staffed by members who generally don’t like having to police their own colleagues. Members’ decision here could be the nail in its proverbial coffin.”

Adding to the pressure: An attorney for two women who were called as witnesses in the probe told ABC’s Will Steakin that one of the women “testified to the House Ethics Committee that she witnessed Matt Gaetz having sex with a minor.”

5. SIGNIFICANT SPLIT: Trump’s team is convinced that the Senate GOP campaign arm and its top allied super PAC are hiring “Never Trumpers” for key roles and is now “preparing to launch its own super PAC to compete in the next round of Senate races in 2026,” Natalie Allison, Ally Mutnick and Adam Wren report, noting that there’s a “brewing war on the verge of breaking out” between Trump’s team and the traditional institutions that play in Senate races.

“The plan, if carried out, would upend the party’s traditional method of competing in Senate races and could cause major discord among powerful GOP financial players — pitting Trump and his new regime against longtime GOP donors seeking to influence competitive Senate races. The move could disperse money across multiple entities and hinder the Senate Leadership Fund, a group that was created to be a centralized GOP clearinghouse for Senate spending.”

6. MUSK READ: “Slash First, Fix Later: How Elon Musk Cuts Costs,” by NYT’s Ryan Mac, Kate Conger, Jack Ewing and Eric Lipton: “Frugal to a fault, the 53-year-old has been intimately involved in hacking down budgets at his companies, including Tesla, SpaceX and Twitter, which he renamed X. Over nearly three decades as a tech entrepreneur, he has honed his penny-pinching by digging into minutiae and cutting as deeply as possible — often preferring to cut too much rather than too little, according to 17 current and former employees and others with knowledge of Mr. Musk’s strategies. Perhaps most importantly, Mr. Musk has been brutally unsentimental about the cuts, paying little regard to norms and conventions.”

7. RECRIMINATION STATION: Centrist Democrats have had enough — and they’re letting it be known. “As they begin to dissect their collapse in the presidential election, some Democratic National Committee members are concluding that the party is too ‘woke,’ too focused on identity politics and too out of touch with broad stretches of America,” Adam Wren, Holly Otterbein and Lisa Kashinsky report. “Those existential concerns, according to interviews with more than two dozen DNC members, are shaping the earliest stages of the race for DNC chair and, in the absence of a formal party autopsy, blame-casting among members about the causes of Vice President Kamala Harris’ defeat.”

Meanwhile, “officials, activists and ambitious politicians” in the Democratic Party “are seeking to build their second wave of opposition to Mr. Trump from the places that they still control: deep-blue states,” NYT’s Reid Epstein and Lisa Lerer report. “Democrats envision flexing their power in these states to partly block the Trump administration’s policies — for example, by refusing to enforce immigration laws — and to push forward their vision of governance by passing state laws enshrining abortion rights, funding paid leave and putting in place a laundry list of other party priorities.”

Related reads: “The New Driving Force of Identity Politics Is Class, Not Race,” by WSJ’s Jeanne Whalen, Valerie Bauerlein and Arian Campo-Flores … “Democrats are already looking to revamp their early state primary calendar for 2028,” by NBC’s Natasha Korecki

8. DANCE OF THE SUPERPOWERS: As Biden meets with Chinese President Xi Jinping today, it’s his last chance to emergency-proof the U.S.-China relationship before Trump takes office, Phelim Kine and Lauren Egan report. “Biden is likely to seek to preserve recently restored military-to-military communications to prevent misunderstandings that could spark unintended conflict between two hostile powers.” And though Phelim and Lauren note it will be a challenge to push any message of continuity, China may be willing to take some steps to “solidify small gains made with Biden over the past four years, as Xi faces economic challenges at home and looks to improve his country’s bargaining position with the new U.S. administration.”

9. A WARM WILLKOMMEN: “The Man Expected to Lead Germany Is Ready to Strike Deals With Trump,” by WSJ’s Bertrand Benoit in Berlin: “A Roman Catholic from Germany’s industrial Rust Belt, [FRIEDRICH] MERZ became a German lawmaker three decades ago. He left politics in 2009 for a business career that made him a multimillionaire and the owner of a Diamond DA42 propeller plane, which he learned to fly. … His private-sector experience and wealth would make him an unusual chancellor. The country’s previous leaders were mostly career politicians or hailed from modest backgrounds. As chancellor, Merz’s priority would be to establish a good rapport with Trump.”

CLICKER — “The nation’s cartoonists on the week in politics,” edited by Matt Wuerker — 17 funnies

GREAT WEEKEND READS:

— “How the Ivy League Broke America,” by The Atlantic’s David Brooks: “The meritocracy isn’t working. We need something new.”

— “County Line,” by Philip Montgomery and Michael Sokolove for NYT Magazine: “Luzerne County is one of many counties in Pennsylvania — and across the country — that shifted to the right this year. We spent two weeks there before and after the election to understand what’s driving these changes.”

— “An Idaho Baby’s Unexplained Death Got No Autopsy and a Scant Coroner’s Investigation. State Law Says That’s Fine,” by ProPublica’s Audrey Dutton: “With a lack of regulation for coroners, a child who dies unexpectedly or outside of a doctor’s care in Idaho is less likely to be autopsied than anywhere else in the United States.”

— “No Sex, No Dating, No Babies, No Marriage: How the 4B Movement Could Change America,” by POLITICO Magazine’s Catherine Kim: “The gender divide has sundered Korean society — and now it’s coming for the U.S.”

— “A Drug Gang Stole 3 Tons of Gold in a Scam So Perfect It’s Still Going,” by WSJ’s Juan Forero: “Miners are plundering one of the biggest mother lodes of gold in Latin America, led by gunmen who seized tunnels from a Chinese mining giant.”

PLAYBOOKERS

Rudy Giuliani surrendered a Mercedes-Benz, watches and a ring on Friday.

Trey Gowdy thrashed Matt Gaetz on Fox News.

IN MEMORIAM — “Reg Murphy, editor and publisher who survived a kidnapping, dies at 90,” by WaPo’s Harrison Smith: “Reg Murphy, a journalist and publisher who survived a bizarre, politically motivated kidnapping in 1974 while editing the Atlanta Constitution, and who went on to hold top jobs at the San Francisco Examiner, Baltimore Sun and National Geographic Society, died Nov. 9 at his home on St. Simons Island, Georgia. He was 90.”

OUT AND ABOUT — SPOTTED at a 60th birthday party for Sen. Dan Sullivan (R-Alaska) on Thursday at the Dubliner: Sens. John Barrasso (R-Wyo.), John Boozman (R-Ark.) and Joni Ernst (R-Iowa), Jim Butera and Fred Graefe.

MEDIA MOVE — Tara Ayres is now a booking producer for Yahoo Finance. She previously was senior booking producer of specials at Scripps News.

TRANSITION — Mike Clementi is joining Icebreaker Strategies. He previously was a professional staff member on the Senate Appropriations defense subcommittee and is a Thad Cochran, Richard Shelby, Patrick Leahy and Patty Murray alum.

HAPPY BIRTHDAY: Reps. Eric Swalwell (D-Calif.), Beth Van Duyne (R-Texas) and Scott Fitzgerald (R-Wis.) … Hannah Hankins of Barack Obama’s office … Matt Brooks of the Republican Jewish Coalition … Reid Fauble … Lisa Camooso Miller … Elizabeth Drew … CNN’s Fredreka Schouten … Adrienne Schweer … Heritage’s Ken McIntyre … Emily Ackerman of the House Republican Whip’s office … Melissa Winter … Kathy Gilsinan … Zerlina Maxwell … Mike Reynard of Sen. Ted Budd’s (R-N.C.) office … GMMB’s Madalene Milano … Michael Smith of AmeriCorps … James Joyner … Oliver-Ash Kleine … David Peikin of Bloomberg Industry Group … Invariant’s Jenny Werwa … The Intercept’s Jordan Smith … Economic Innovation Group’s John Lettieri … Michelle Nunn of CARE USA … Samir Paul … Shanti Shoji … Dylan Lizza … Shanita Penny of Forbes Tate Partners … Alex Nongard … Ben Henschel of Trident DMG

THE SHOWS (Full Sunday show listings here):

CNN “State of the Union”: Speaker Mike Johnson … Sen.-elect Ruben Gallego (D-Ariz.) … Sen. John Fetterman (D-Pa.) … Sen.-elect Adam Schiff (D-Calif.).

FOX “Fox News Sunday”: Speaker Mike Johnson … Marty Makary … Sen. Chris Coons (D-Del.). Panel: Stef Kight, Kevin Roberts, Tiffany Smiley and Juan Williams.

ABC “This Week”: Sen.-elect Elissa Slotkin (D-Mich.) … Rep. Tony Gonzales (R-Texas) … Richard Besser … Preet Bharara. Panel: Reince Priebus, Rachael Bade, Alex Burns, and Astead Herndon.

NBC “Meet the Press”: House Minority Leader Hakeem Jeffries … Sen. Markwayne Mullin (R-Okla.). Panel: Lanhee Chen, Eugene Daniels, Amna Nawaz and Jen Psaki.

CBS “Face the Nation”: Kentucky Gov. Andy Beshear … Rep. Jim Himes (D-Conn.) … Chuck Hagel … Sue Gordon … Deborah Birx.

NewsNation “The Hill Sunday”: Sen. Joe Manchin (I-W.Va.) … Sen. Ron Johnson (R-Wis.) … Rep. Tom Cole (R-Okla.). Panel: Molly Ball, David Weigel, Tia Mitchell and David Drucker.

Fox News “Sunday Morning Futures”: Donald Trump Jr. … Vivek Ramaswamy … Rep. James Comer (R-Ky.) … Scott Baio. Panel: Sens. Eric Schmitt (R-Mo.) and Tommy Tuberville (R-Ala.).

MSNBC “PoliticsNation”: Kentucky Gov. Andy Beshear … Massachusetts AG Andrea Campbell … Baltimore Mayor Brandon Scott.

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