Axios

Justice Elena Kagan said Friday that "time will tell" whether members of the Supreme Court can get back to "finding common ground."

Driving the news: Kagan spoke at the University of Pennsylvania in a livestreamed interview with school president Liz Magill.

A federal appeals court temporarily blocked President Biden's student debt relief program on Friday, barring federal debt cancellation as six Republican states' bid to halt the program plays out in court.

Driving the news: The decision comes a day after a lower court tossed out the states' lawsuit, which argues that the Biden administration overstepped its authority with its plan to cancel up to $20,000 per person for more than 40 million people.

Sen. Lindsey Graham (R-S.C.) asked the Supreme Court Friday to block a subpoena issued by the Atlanta special grand jury investigating possible criminal efforts to overturn the 2020 election.

Driving the news: Graham — one of several Republicans who reportedly pressed Georgia Secretary of State Brad Raffensperger (R) to reverse Trump's 2020 loss in the state — filed the emergency request one day after a federal appeals court ruled that Graham must testify before the jury.

A 16-year-old accused of killing four students in a shooting at a Michigan high school last year is expected to plead guilty to murder next week, per AP.

Driving the news: Ethan Crumbley, who is expected in court Monday, was charged as an adult and is facing four counts of first-degree murder, seven counts of attempted murder, one count of terrorism causing death as well other crimes for the Nov. 30 shooting.

Around 22 million Americans have submitted for student loan forgiveness via the Biden administration's new plan, the president said Friday.

Driving the news: The president promoted his student relief plan and the official application — which officially launched earlier this week — as the midterm elections loom.

A senior White House lawyer expressed concerns to President Trump's advisers and attorneys about the president signing a sworn court statement verifying inaccurate evidence of voter fraud, according to emails from December 2020 obtained by Axios.

Why it matters: The emails shed new light on a federal judge's explosive finding Wednesday that Trump knew specific instances of voter fraud in Georgia had been debunked, but continued to tout them both in public and under oath.

The House select committee investigating the Jan. 6 attack on Friday formally issued a subpoena to former President Trump.

Why it matters: Trump is the highest-ranking individual targeted for testimony by the panel, which has been building a case that the ex-president was the primary instigator of the deadly riot.

Multiple Jan. 6 rioters, including one who assaulted a police officer while armed and another who scaled a wall, were sentenced to several years in prison Friday.

Driving the news: Mark Mazza, an Indiana man who brought two guns to the insurrection, was sentenced to five years in prison, while Alan Byerly of Pennsylvania was sentenced to nearly three years in prison for assaulting a photojournalist and attacking police officers while armed with a stun gun.

Steve Bannon, a former Trump adviser, on Friday was sentenced to four months in prison and ordered to pay a $6,500 fine for defying a subpoena from the Jan. 6 select committee.

Why it matters: The Justice Department had argued that the former Trump adviser should get six months in prison, the harshest sentence available under federal guidelines.

Senate Minority Leader Mitch McConnell (R-Ky.) on Friday called for "additional air defenses, long-range fires, and humanitarian and economic support" to Ukraine in the wake of ongoing Russian attacks.

Why it matters: The pronouncement represents McConnell's latest break with House Minority Leader Kevin McCarthy (R-Calif.), who signaled earlier this week that a Republican-controlled House wouldn't write a "blank check" to Ukraine.

What they're saying: McConnell said in a statement, "The Biden Administration and our allies need to do more to supply the tools Ukraine needs to thwart Russian aggression," including "additional" aid.

• The Kentucky Republican called on the White House and the West to "be quicker and more proactive to get Ukraine the aid they need," specifically calling on NATO allies "step up to the plate."
• "For our part, the United States Congress has funded and approved ongoing aid on an overwhelming bipartisan basis," he said, urging that the aid be "expedited."

What caught our eye: McConnell said a Republican Senate majority "will focus its oversight on ensuring timely delivery of needed weapons and greater allied assistance to Ukraine."

The backdrop: McConnell's statement comes two weeks before the midterm elections, in which Republicans are hopeful they can flip both chambers of Congress.

• "I think people are gonna be sitting in a recession and they’re not going to write a blank check to Ukraine. They just won’t do it," McCarthy recently told Punchbowl News.
• He doubled down during a subsequent CNBC interview, saying, "I think Ukraine is very important. I support making sure that we move forward to defeat Russia in that program. But there should be no blank check on anything."

The other side: President Biden during remarks Friday reaffirmed support for Ukraine and alluded to McCarthy's remarks: "I don’t understand the threat that they’re saying they may have to stop funding the Ukrainians in their war against this brutal dictator.”

Between the lines: House Republicans have been souring on Ukraine aid in recent months as the war has ground on — a departure from the broad bipartisan consensus on aid at the outset of the war — with even some GOP members supportive of aid telling Axios they've noticed the shift in sentiment.

• A big Republican win could serve to exacerbate that trend, with GOP candidates in swing seats like Karoline Leavitt, Sam Peters and J.R. Majewski voicing strong opposition to future aid packages.
• That view is not exclusive among House candidates, however: Republican Senate candidates Blake Masters, J.D. Vance and Don Bolduc have all been critical of Ukraine aid.

What we're watching: Democrats and the White House may opt to add a sizable Ukraine aid package to the already lengthy list of tasks they want to get done in the period between the Nov. 8 election and the start of the next Congress in January.

Editor's note: This story has been updated to clarify that McCarthy, not McConnell, spoke with Punchbowl News.

A Miami judge dismissed charges on Friday against a Florida man who was among voters Gov. Ron DeSantis (R) publicly accused of illegally casting their ballots in the 2020 presidential election.

Why it matters: The defendant was among 20 people DeSantis announced charges against in August for allegedly violating election laws. The move, which targeted people previously convicted of felonies, drew national attention and blowback.

Elon Musk's $44 billion Twitter takeover is expected to close one week from today, with both sides privately expressing confidence. But of course, it can't be quite that straightforward.

State of play: Twitter shares this morning opened at $50 per share, which is more than $4 below the price Musk agreed to pay. That means either the confidence is misplaced, or there is some very easy money to be made right now.

Democrats are intent on making abortion a defining issue of the midterm election cycle and painting Republican opponents of the procedure as extremists. But it's unclear whether that intense focus will keep them in control of the Senate.

State of play: Polls show that since the Supreme Court overturned Roe v. Wade, Americans are more motivated to vote for candidates that support abortion access.

A New York attorney has been accused of assaulting law enforcement officers during the U.S. Capitol riot after being arrested Thursday on felony and misdemeanor charges.

Driving the news: John O'Kelly, of East Williston, Long Island, allegedly illegally made his way to the West front of the Capitol grounds where rioters were fighting with law enforcement officers attempting to maintain a police barrier on Jan. 6 2021, per court documents filed in the U.S. District court in D.C.

Former President Trump is claiming that nine documents containing packages on pardons and immigration policies are personal property, according to new court filings addressing the special master reviewing the materials.

Why it matters: The records are the center of a legal dispute with the Department of Justice, which seized boxes of materials, including classified information, from his Mar-a-Lago residence in August.

A federal appeals court ruled unanimously Thursday that Sen. Lindsey Graham (R-S.C.) must testify before the Atlanta special grand jury investigating possible criminal efforts to overturn the 2020 election.

Why it matters: The ruling upholds a lower court decision ordering Graham to testify despite his repeated attempts to dodge the special grand jury. He is likely to appeal.

The American Civil Liberties Union (ACLU) is getting involved in secretary of state races for the first time in the group's history, worried about politicization and the integrity of future results if election-deniers are elected in key states.

Driving the news: The group is spending $1 million on digital campaigning, social media ads and direct mail to educate voters about where candidates stand on election administration and voting rights in Arizona, Minnesota and Nevada, said senior campaign strategist Zara Haq.

There’s a quiet whisper among Wall Street independents, and even some Democratic donors in the financial services industry: if House Republicans win, they better win big.

Why it matters: Investors are growing increasingly worried about what a narrow majority for House GOP Leader Kevin McCarthy (R-Calif.) would mean for the first big fight of divided government: raising the debt ceiling.