Axios

The Justice Department said in a court filing this week it is capable of defending an exemption in federal law allowing federally-funded religious schools to discriminate against LGBTQ students.

Why it matters: The DOJ is beholden to defending federal laws, but the filing, which initially said the department could "vigorously" defend the exemption, angered some LGBTQ advocates who said it conflicted with the Biden administration's pledge to protect LGBTQ rights.

New details emerged Wednesday about the Trump administration's months-long battle with CNN to obtain the email records of a reporter, which included putting a CNN general counsel under a gag order, the network reported.

Why it matters: The details reveal the extreme lengths the Trump Department of Justice took to keep its pursuit to gain access to CNN Pentagon correspondent Barbara Starr's emails cloaked in secrecy.

U.S. Park Police (USPP) and assisting law enforcement did not clear peaceful protesters from outside the White House last year so then-President Trump could pose for a photo in front of a nearby church, according to a government watchdog report released Wednesday.

Why it matters: The move was planned several hours before USPP knew of Trump's visit, but widespread failure to coordinate across seven law enforcement agencies contributed to "confusion" and the unauthorized use of chemical irritants on Black Lives Matter protesters, the Interior Department's Office of Inspector General found.

This Saturday, Democrats in America’s largest city will be asked to begin early voting for their nominee for mayor, a person whose influence is certain to extend beyond the five boroughs. But the ranked choice voting system is different than anything New York City has used before, and there still isn’t a frontrunner.

Axios Re:Cap digs in with Dana Rubinstein, a metro desk reporter with the New York Times, to learn more about the candidates, why crime and policing have become the top issue and what to watch heading into Saturday.

Note: An earlier version of this episode didn't make clear that what begins this Saturday is early voting.

Sen. John Cornyn (R-Texas) said Wednesday that bipartisan talks with Sen. Chris Murphy (D-Conn.) on firearm background checks have ended, CNN reports.

Why it matters: Cornyn and Murphy were previously said to have been negotiating the issue and seeking a pathway forward on closing certain loopholes, per NBC.

Republican refusal to address climate change is "the major stumbling block" to bipartisan consensus on a proposed bill core to Biden's infrastructure package, Rep. Peter DeFazio (D-Ore.) said at an Axios virtual event on Wednesday.

Why it matters: DeFazio, who chairs the House Transportation & Infrastructure Committee, described his bill as "probably the single largest portion of the American Jobs Plan. He said that although Republicans and Democrats on the House transportation committee "can work together on a lot of things," GOP members "just will not address climate change."

Brian Deese, director of the National Economic Council, told Axios at a virtual event on Wednesday that President Biden "is not going to stop reaching out" to Republicans to negotiate his American Jobs Plan.

Why it matters: Biden is aiming to strike a deal with a separate, bipartisan group of senators after infrastructure talks — led by Sen. Shelley Moore Capito (R-W.Va.) — officially broke down on Tuesday.

U.S. District Judge J. Paul Oetken on Wednesday appointed former federal Judge Barbara Jones as a "special master" to review materials seized by the FBI from Rudy Giuliani's New York City apartments as part of a federal investigation into his dealings in Ukraine, according to AP.

Why it matters: Jones is now responsible for reviewing the sensitive materials, which include multiple cellphones and computers, and ensuring that attorney-client privilege is protected during the examination, a process that could take months.

Democrats on the House Judiciary Committee in a letter to Attorney General Merrick Garland Wednesday demanded that the Department of Justice reverse its decision to continue defending former President Trump in a defamation lawsuit brought by writer E. Jean Carroll.

Why it matters: The members said the continuation "seems profoundly misguided" and requested that the department provide an explanation for its decision.

The family of Ashli Babbitt, an Air Force veteran who was fatally shot while participating in the Capitol riots, is suing Washington D.C. for records revealing the identity of the officer who shot her, CNBC reports.

Why it matters: The suit comes more than a month after the Department of Justice announced the police officer who shot Babbitt would not face criminal charges, after determining there was "insufficient evidence to support a criminal prosecution."

President Biden signed an executive order Wednesday on ensuring the security of American user data in regard to foreign-owned apps such as TikTok, revoking and replacing three Trump-era executive orders to impose a more structured "criteria-based decision framework" for potential bans.

Driving the news: It's the latest in a series of China-related steps Biden is taking ahead of his first overseas trip to Europe, where curtailing Beijing's abuses will be a top agenda item in meetings with G7 and NATO leaders.

Rep. Val Demings (D-Fla.) officially announced her Senate campaign against Sen. Marco Rubio (R-Fla.) on Wednesday with a promotional video that emphasized her "law and order" credentials.

Why it matters: Demings, who was on the shortlist to be Joe Biden's vice president, is viewed as Democrats' best chance to win a Senate seat in a state that has tilted increasingly red in recent years.

The federal government's failure to craft a national privacy law has left it to be squeezed on the issue by the EU on one side and California on the other.

Why it matters: Companies are stuck trying to navigate the maze of EU and state laws, while legislators in Washington have no choice but to use those laws as de facto standards.

On the verge of being replaced after 12 years in power, Israeli Prime Minister Benjamin Netanyahu is waging a desperate, Trump-style campaign to de-legitimize the incoming government and accuse its leaders of perpetrating “the fraud of the century."

Why it matters: The situation has become so tense — with members of the Israeli Knesset facing death threats and demonstrations from angry Netanyahu supporters outside their homes — that the director of Israel's Shin Bet domestic security agency issued a rare warning of potential political violence.

As the world grapples with the pandemic's impact on globalization, Michael Bloomberg on Wednesday is unveiling the inaugural members of a new group to focus on solving its biggest problems, Axios is the first to report.

Why it matters: COVID-19 spread globally — in an instant shutting borders, disrupting trade and eventually leaving millions dead or sick. What comes next as emerging economies prepare for recovery, will also impact the rest of the world.

New Zealand Prime Minister Jacinda Ardern said in a speech Wednesday that the climate crisis was a matter of "life or death," as a blueprint for meeting her government's ambitious green targets was unveiled.

Driving the news: The Climate Commission, an independent body advising the government, outlines in its report what the country needs to do to meet its target for 2050 of producing zero carbon emissions — including reducing biogenic methane emissions by 24% to 47%, with no new household gas connections by 2025.

Houston Methodist Hospital on Tuesday suspended 178 employees without pay for 14 days for failing to comply with its COVID-19 vaccine requirement.

Driving the news: The Texas hospital's CEO, Marc Boom, said in a message to staff shared with Axios that 24,947 workers had been vaccinated against the virus by Monday's deadline. 27 of those who didn't get fully vaccinated "have received one dose ... so I am hopeful they will get their second doses soon," Boom said.

The leaders of a bipartisan coalition of Congress members spoke to White House officials about efforts to reach an infrastructure deal on Tuesday, a House aide familiar with the call told Axios.

Driving the news: Problem Solvers Co-Chairs Josh Gottheimer (D-N.J.) and Brian Fitzpatrick (R-Pa.) are pushing for a $1.249 trillion bipartisan agreement after negotiations between President Biden and a Republican group led by Sen. Shelley Moore Capito (R-W.Va.) broke down earlier Tuesday.

Businessman Jack Ciattarelli won the Republican nomination for governor in the New Jersey primary election Tuesday, AP reports.

Of note: The former N.J. Assembly member, who was accused of being a "never Trumper," defeated pastor Phil Rizzo and engineer Hirsh Singh, who were both vocal supporters of former President Trump, AP notes.

Federal law enforcement agents will now be required to wear body cameras when making "pre-planned" arrests and when executing search warrants, the Justice Department said Monday.

The big picture: The new directive marks the end of a policy that prohibited federal officers from wearing body cameras. The Justice Department had previously argued body cameras posed "a potential risk to sensitive investigations," per NPR.

Some 90 advocacy groups want President Biden and Democratic leaders to abandon bipartisan infrastructure negotiations and instead use the partisan reconciliation process to enact a more progressive package, Axios has learned.

Why it matters: An open letter being released by the group Wednesday morning comes immediately after Biden decided to end talks with Republican senators, led by Shelley Moore Capito (R-W.V.), and turn his attention toward striking a deal with a separate, bipartisan group.

President Biden leaves for the United Kingdom on Wednesday, kicking off his first foreign trip as president.

By the numbers: Presidents have made more stops in foreign nations in most recent administrations, though they dropped way off when Donald Trump was in office.

Vice President Kamala Harris headed back to the U.S. after two days of high-level meetings in Guatemala and Mexico about corruption, human trafficking and migration, but one subject was only briefly touched upon: coronavirus vaccines.

Why it matters: Migrant apprehensions at the U.S.-Mexico border remain near 20-year highs. Harris is charged with trying to resolve the root causes for people leaving Central America, issues oftentimes exacerbated by COVID-19 in recent months.

Sen. Robert Menendez (D-N.J.) has asked President Biden to nominate George Tsunis, a New York hotel executive and major Democratic donor, for an ambassadorship, people familiar with the matter tell Axios.

Why it matters: As chairman of the Senate Foreign Relations Committee, Menendez has the ability to slow-walk any ambassadorial nominee, giving the White House plenty of reasons to placate him on one specific candidate. Tsunis has a checkered political history, though.