The Hill’s Morning Report: As Trump talks, his lawyers sweat

by Jonathan Easley and Alexis Simendinger - 04/27/18 7:37 AM ET

Welcome to The Hill’s Morning Report, and thank goodness it’s Friday! This daily email, a successor to The Hill’s Tipsheet, is reported by Jonathan Easley and Alexis Simendinger to get you up to speed on the most important developments in politics and policy, plus trends to watch. (CLICK HERE to subscribe!)

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*** BREAKING OVERNIGHT *** North and South Korea agreed to work to remove all nuclear weapons from the Korean Peninsula and, by this year, to declare an official end to the Korean War. ***

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But first … President Trump’s freewheeling cable news interviews are great television. They’re also a nightmare for his lawyers.

In a wide-ranging, 30-minute interview on “Fox & Friends” yesterday, the president created more than a “tiny fraction” of new headaches for his legal team.

The bottom line: When Trump vents about the various legal cases and lawsuits around him, it adds oxygen to the fire. Stormy Daniels’s media-savvy attorney Michael Avenatti immediately hit the cable news circuit, where he called the Fox interview “hugely damaging” for the president and “beyond stupid.”

Attorney Alan Dershowitz, pointing to the president’s comments about the Justice Department and Daniels’ lawsuit, agreed.

“This particular president speaks in a way that sends conflicting messages throughout,” he told CNN, “and I wish as an American citizen he wouldn’t speak in this way. And if I were his lawyer, which I am not, I would advise him not to speak in this way.”

What the president said:

Trump says his personal attorney Michael Cohen “represents” him in the case with Daniels, who accepted $130,000 from Cohen in exchange for her silence about allegations of an affair with the president.

Why it matters:

Trump denies the affair and recently said he had no knowledge of the payment.
Federal investigators are believed to be looking into whether the payment violates campaign finance or other laws. Cohen will plead the Fifth on the matter.

Trump said:

Cohen handles only “a tiny, tiny little fraction” of “my overall legal work.”

Why it matters:

The president’s legal representatives and Cohen’s lawyers argued in a New York court that much of what the FBI seized was protected by attorney-client privilege.
Wasting no time, the government in a filing yesterday argued that Trump’s remarks on “Fox & Friends” bolster its argument that “the seized materials are unlikely to contain voluminous privileged documents.”

Former U.S. attorney John Wood tells us:

“Any time a lawyer’s client speaks publicly and it’s not completely scripted, the lawyers are nervous. Any lawyer will want to make sure his or her client is well-scripted before going public. That’s tough to do, I guess, when your client is the president and he’s interacting off-the-cuff with press all the time.”

We took this to Trump’s former attorney John Dowd, who responded: “Tell it to his lawyers.”

Just in: Trump returned to the investigations this morning, attacking former FBI Director James Comey over Twitter.

Is everybody believing what is going on. James Comey can’t define what a leak is. He illegally leaked CLASSIFIED INFORMATION but doesn’t understand what he did or how serious it is. He lied all over the place to cover it up. He’s either very sick or very dumb. Remember sailor!

— Donald J. Trump (@realDonaldTrump) April 27, 2018

The Hill: Special master named to review materials in Cohen case for instances of privilege.

{mosads}

Meanwhile, the Senate Judiciary Committee approved legislation yesterday to protect special counsel Robert Mueller. Senate Majority Leader Mitch McConnell (R-Ky.) will not bring the bill to the floor, but the measure is a warning from Republicans who say they worry the president might move to shut Mueller down.

The Associated Press: Trump pledges hands-off Russia probe; but “may change my mind.”

Poll: Majority of Republicans don’t want Trump to fire Mueller.

Reuters: Attorney General Jeff Sessions says Mueller probe has taken on a “life of its own.”

LEADING THE DAY

House chaplain

A bizarre tale from Capitol Hill …

Hands down, the story of the day goes to The Hill’s Melanie Zanona and Mike Lillis, with assists from Juliegrace Brufke and Scott Wong. Our colleagues report that outgoing Speaker Paul Ryan (R-Wis.) has forced out House chaplain Patrick Conroy for unexplained reasons perceived as political.

The Speaker’s office says House Minority Leader Nancy Pelosi (D-Calif.) signed off on Conroy’s forced resignation, but Pelosi’s office is disputing that claim. Lawmakers on both sides are furious and demanding answers from Ryan.

VA nominee

With Dr. Ronny Jackson‘s withdrawal from Cabinet contention and return to the White House medical office, Trump began a new search for a Veterans Affairs secretary. He says he wants someone with “political capability.”

> Watch for extreme vetting ahead.

Washington Examiner: Trump considering former House Veterans’ Affairs Committee Chairman Rep. Jeff Miller for VA.

The Hill: Senators hope Trump’s next VA pick will be less controversial.

Veterans advocacy groups are apoplectic about the vacancy.

“Our veterans are simply looking for a competent, proven and dynamic leader with integrity,” says the Iraq and Afghanistan Veterans of America organization. “We now face the prospect of a stunning eighth nominee for VA secretary since 9/11. … It’s been an unprecedented time of chaos, political agendas and uncertainty. And millions of veterans and their families have paid the price.”

The IAVA membership never warmed to Jackson as Trump’s choice. In a recent internal survey, members said they want the next candidate to be an expert on health care with military and management experience.

State Department

By a vote of 57-42, the Senate confirmed Mike Pompeo to be the next secretary of State. The former Kansas congressman and ex-CIA director was sworn in and got right to work, arriving overnight in Brussels for a NATO summit.

Democratic Sens. Heidi Heitkamp (N.D.), Joe Manchin (W.Va.), Joe Donnelly (Ind.), Bill Nelson (Fla.) and Claire McCaskill (Mo.) — who are each up for reelection in states won by Trump in 2016 — joined with Democratic Sen. Doug Jones (Ala.) and Sen. Angus King (I-Maine) to support the president’s nominee to succeed Rex Tillerson.

The Hill: Pompeo’s confirmation was a setback for liberals.

Politics

Speaking of red-state Senate candidates … Montana’s Jon Tester, a Democrat in a state Trump carried by more than 20 points in 2016, is in the news this week.

By virtue of his committee responsibilities, Tester played a pivotal role in upending the Veterans Affairs nominee. The barrel-chested rancher helped bring to light anonymous allegations of drinking and over-prescribing medications, which ultimately doomed Rear Adm. Jackson’s Cabinet hopes.

The president made his displeasure clear.

“I think Jon Tester has to have a big price to pay in Montana because I don’t think people in Montana — the admiral is the kind of person that they respect and admire and they don’t like seeing what’s happened to him,” Trump said Thursday on Fox.

Tester is running for his third Senate term, and was among the Democrats who voted against Pompeo to lead the State Department.

He didn’t win 50 percent of the vote in his two previous campaigns. This year, a Green Party candidate could make the ballot, potentially siphoning away a critical percentage of votes. And the network of groups associated with billionaire conservative donors Charles and David Koch are swamping the state with ads against the incumbent, known for operating an 1,800-acre ranch while serving in Washington.

The Hill: Tester’s moves back to top of GOP’s Senate hit list.

More campaign news:

The Hill: House Minority Leader Pelosi warns Democrats impeachment push is a gift to the GOP.

The Hill: Dems look to keep momentum with upcoming special elections.

Poll: Dems hold double-digit lead in generic ballot.

*** SPOTTED at last night’s No Labels event: Reps. Salud Carbajal (D-Calif.), Jim Costa (D-Calif.), Charlie Crist (D-Fla.), Vicente González (D-Texas), Josh Gottheimer (D-N.J.), Daniel Lipinski (D-Ill.), Stephanie Murphy (D-Fla.), Jared Polis (D-Colo.), Jacky Rosen (D-Nev.), Brad Schneider (D-Ill.), Darren Soto (D-Fla), Tom Suozzi (D-N.Y.), Charlie Dent (R-Pa.), John Faso (R-N.Y.), Brian Fitzpatrick (R-Pa.), David Joyce (R-Ohio), John Katko (R-N.Y.), Leonard Lance (R-N.J.), Tom Reed (R-N.Y.) and Fred Upton (R-Mich.).***

IN FOCUS/SHARP TAKES

➔ Pruitt Watch:

The Hill’s Timothy Cama and Miranda Green have takeaways from embattled Environmental Protection Agency Administrator Scott Pruitt’s testimony yesterday (The Hill).

The spotlight was harsh:

The EPA chief read aloud the threats directed at him and his family, which he said explained a hefty personal security detail and expensive travel.
Pruitt said the EPA’s inspector general supported his explanations through a “threat assessment” report. The IG’s office later accused him of misrepresenting its report.
Ted Lieu (D-Calif.) told The Hill that Pruitt is a gift to Democrats and “an awesome symbol of corruption” within the Trump administration.

The New York Times: After weeks of tough headlines and allegations of ethical lapses and excessive spending, the administrator’s job is described as hanging by a thread.

➔ International News:

North Korea:

Leaders from North Korea and South Korea met for an historic summit in Panmunjom. You can watch the stunning footage of the encounter here and here.

Kim Jong Un: “I came here to put an end to the history of confrontation.”

Reuters: Koreas agree to goal of “complete denuclearization.”

The Associated Press: Korean leaders avoid specific measures to address nuke crisis.

The president tweeted about the developments on Friday morning.

After a furious year of missile launches and Nuclear testing, a historic meeting between North and South Korea is now taking place. Good things are happening, but only time will tell!

— Donald J. Trump (@realDonaldTrump) April 27, 2018

KOREAN WAR TO END! The United States, and all of its GREAT people, should be very proud of what is now taking place in Korea!

— Donald J. Trump (@realDonaldTrump) April 27, 2018

The Korean meeting took place amid ongoing negotiations between the U.S. and North Korea about a Trump-Kim summit. The White House released this photo of Pompeo’s secret meeting with Kim in April:

Great to have Secretary Pompeo confirmed. He will do an excellent job helping @POTUS lead our efforts to denuclearize the Korean Peninsula. (photos from previously confirmed Easter weekend trip) pic.twitter.com/o4RNDKVmah

— Sarah Sanders (@PressSec) April 26, 2018

Germany:

German Chancellor Angela Merkel arrives at the White House this morning to confer with Trump.

Trump’s newly confirmed ambassador to Germany, Richard Grenell, will be on hand for the meetings, we’ve learned. Grenell was nominated in September but only confirmed on Thursday. He’s the highest-ranking openly gay official ever to serve in a Republican administration.

The Washington Post: The Senate confirms Grenell — a Republican commentator, operative and former aide to new national security adviser John Bolton — despite objections from Democrats.

The Associated Press: Merkel gets much smaller platform on U.S. visit.

The Hill (op-ed): For Trump, the Macron party is over. Merkel will get down to business.

Around the world:

The Wall Street Journal: Classified report slams military over October deaths in Niger.

The Hill: Defense Secretary James Mattis defends Iran deal as Trump considers withdrawal.

The Hill: Trump will visit the U.K. in July.

Poll: Voters back Trump’s handling of Syria air strikes and tensions with North Korea.

➔ A tough day for Democrats on Capitol Hill:

The Hill: The Senate Ethics Committee “severely” admonished Sen. Bob Menendez (D-N.J.), who is up for reelection this year, saying his relationship with a controversial doctor broke federal law.

The Hill: Progressive groups demand House Minority Whip Steny Hoyer (D-Md.) resign.

The Hill: Pelosi defends leadership effort to cull Democratic primary.

OPINION

Make or break time for NAFTA negotiations, by Earl Anthony Wayne, former assistant secretary of State for Economic and Business Affairs, opinion contributor with The Hill. https://bit.ly/2r29KgI

How the FBI can move beyond James Comey, by James Gagliano, former FBI special agent, opinion contributor with The Hill. https://bit.ly/2JwcnPw

WHERE AND WHEN

The House recesses until May 7.

The Senate begins a 10-day break and returns to the Capitol on May 7.

President Trump speaks during a photo opportunity with a Team USA Celebration. He welcomes Chancellor Merkel to the White House for a meeting and working lunch. The two leaders hold a joint press conference in the afternoon. Later, Trump meets with White House Correspondents’ Association journalism scholarship recipients.

Vice President Pence participates in a phone call with the president of Afghanistan in the morning. In the afternoon, he’ll attend the working lunch with Merkel and host the 2018 White House Correspondents’ Association scholarship winner.

ELSEWHERE

> H.R. McMaster and commander: can a national security adviser retain his integrity if the president has none? (The New Yorker)

> The awkward exile of Michael Cohen (The Wall Street Journal).

> Study: Deportations of traffic offenders skyrocketed under Trump administration (Austin American-Statesman).

THE CLOSER

What’s in a name? Charlotte Elizabeth Diana, George Alexander Louis and … the Duke and Duchess of Cambridge ended suspense and named the newest royal Louis Arthur Charles.

And finally … More than half a century later, a fascinating and final batch of 19,045 documents related to the assassination of President John F. Kennedy became available to researchers and the public yesterday at the National Archives and Records Administration. President Trump’s directive to release materials followed a re-review with some redactions for privacy, plus a subset of withheld documents at the request of the FBI and CIA.