Axios

Rep. Scott Perry (R-Pa.) has dropped his lawsuit against the federal government requesting the Department of Justice return cell phone data seized by the FBI over the summer.

Driving the news: Lawyers for Perry, who is a close ally of former President Donald Trump and the chair of the House Freedom Caucus, filed a motion Wednesday to dismiss the case without further explanation.

In a Hail Mary bid to dent Republican credibility on the economy, Democrats are escalating attacks related to Social Security and Medicare in a final midterm stretch dominated by signs of a growing red wave.

Why it matters: The strategic shift comes after Democrats spent the better part of the summer and early autumn campaigning on a heavily abortion-focused message that polls suggest is now falling flat compared to issues such as inflation.

A Democratic challenger in a crucial South Florida U.S. House race is accusing her Republican opponent of embracing socialism by pushing to ban books and abortion — flipping the script on an attack typically leveled against her own party.

Why it matters: Perceptions of a soft or sympathetic stance toward socialism carry extra punch in Florida, an increasingly red-leaning state where communities of Cuban and Venezuelan expatriates represent a significant voting bloc.

Sen. Bob Menendez (D-N.J.) is under a federal criminal investigation, his adviser confirmed Wednesday.

Why it matters: The probe comes five years after the Department of Justice dropped its corruption case against Menendez, who was indicted in 2015 for allegedly offering public favors to a Florida eye doctor in exchange for lavish gifts and flights on a private jet.

Justice Elena Kagan granted a temporary stay Wednesday to Arizona Republican Party leader Kelli Ward, who asked the Supreme Court to block a subpoena seeking her phone records in relation to a Jan. 6 select committee investigation.

Driving the news: In an emergency application Wednesday, Ward asked the justice to temporarily block a lower court's decision that requires her cellphone provider to hand over her phone records to the committee.

The Los Angeles City Council voted unanimously Wednesday to censure two sitting council members and former member Nury Martinez for making racist comments in leaked audio.

Why it matters: Council members Kevin de León and Gil Cedillo have not stepped down despite calls to do so from the city council president, advocacy groups, community members, and the White House.

The White House announced new guidance on Wednesday that targets some banking fees charged to consumers — touting it as part of a broader "junk fee" crackdown as Americans remain concerned about rising costs.

Why it matters: The guidance comes from the Consumer Financial Protection Bureau, a regulatory watchdog that for months has warned against overdraft fees. Against that backdrop, some banks have changed their overdraft policies, or nixed the fees altogether. This new guidance, however, is the agency's strongest message yet to banks that haven't gone far enough.

At least eight organizations and two star athletes have in recent days distanced themselves from Ye, the artist formerly known as Kanye West, after he made multiple antisemitic comments.

The big picture: Antisemitic incidents have been on the rise in the U.S., hitting an all-time high in 2021, the Anti-Defamation League said earlier this year.

Israeli President Isaac Herzog met President Biden at the White House on Wednesday.

Why it matters: The meeting comes less than a week before the Israeli elections.

Ukrainian Foreign Minister Dmytro Kuleba told Axios he is concerned about recent threats by senior U.S. Republican lawmakers to cut aid to Ukraine if they win control of the House in next month's U.S. midterm elections.

Why it matters: Any U.S. cuts to Ukraine aid would deal a significant blow to Kyiv and could alter the course of the war.

Mark Cuban said he won't run for office because the two-party political "system is so messed up,” suggesting his new business venture is the best way he can help the American people.

The big picture: "I'd rather fight. I can have a bigger impact," the popular investor and Dallas Mavericks owner said at the Axios BFD event Wednesday.

A Michigan jury on Wednesday convicted three men of supporting a plot to kidnap Michigan Gov. Gretchen Whitmer (D), AP reports.

Driving the news: Paul Bellar, Joseph Morrison and Pete Musico, who are accused of having ties to the Wolverine Watchmen, a militia group charged in the plot, were found guilty of providing "material support" for a terrorist act.

A South Carolina judge said Wednesday that former White House chief of staff Mark Meadows must testify before the Atlanta special grand jury investigating the 2020 election.

The big picture: Meadows, a close ally to former President Trump, has sought to avoid testifying to the special grand jury, which has subpoenaed several allies of the former president in recent months, including lawyer Rudy Giuliani.

A jury on Wednesday found Darrell Brooks, 40, guilty of killing six people by driving his SUV into a Christmas parade in Waukesha, Wisconsin, last November.

The big picture: Brooks in February pleaded not guilty to six counts of intentional homicide with a dangerous weapon and 70 other charges stemming from the attack, which also injured 62 other people.

Former President Trump endorsed Minnesota GOP gubernatorial candidate Scott Jensen late Tuesday.

Why it matters: Jensen, a physician and former state senator, had previously sidestepped questions about whether he was seeking Trump's endorsement, telling reporters that he was focused on Minnesota, not national politics.

Some of the bodies that were previously exhumed from a Tulsa cemetery in an attempt to identity victims of the Tulsa Race Massacre will be dug up again beginning on Wednesday, AP reports.

Driving the news: "There were 14 of the 19 that fit the criteria for further DNA analysis," city spokesperson Michelle Brooks said, per AP. "These are the ones that will be re-exhumed."

As Election Day draws near, mayors and police chiefs across the country are getting a new warning: Extremists have jettisoned their nationwide election intimidation strategy in favor of local efforts focused on neighborhood ballot boxes.

Why it matters: Groups such as the Proud Boys and the Oath Keepers are looking to sway the upcoming midterms in favor of their preferred candidates by signing up as poll workers and drop-box watchers.

Fossil fuel "addiction" is rapidly worsening climate change as the related effects of extreme weather leave 98 million people facing severe food insecurity and heat-related deaths surge, a new report warns.

The big picture: The burning of fossil fuels including coal, oil and natural gas that cause toxic air pollution kills some 11,800 Americans and about 1.2 million people globally every year, according to the report, published in the medical journal The Lancet Tuesday ahead of next month's UN Cop27 climate summit in Egypt.

U.S. Supreme Court Justice Samuel Alito said Tuesday a leak of his draft opinion on overturning federal protections for abortion made members of the bench "thought to be in the majority ... targets for assassination."

Driving the news: The leak to Politico ahead of the decision confirming that opinion overruling Roe v Wade "gave people a rational reason to think they could prevent that from happening by killing one of us," Alito said in a speech at the conservative Heritage Foundation in Washington, D.C.

Capitol Hill's reaction to the Pennsylvania Senate debate was brutal for Democratic nominee John Fetterman, from Democrats and Republicans alike.

Why it matters: Multiple sources wondered why Fetterman agreed to debate when he clearly wasn’t ready. Fetterman struggled at times to respond to the moderators' questions, even with the assistance of a closed captioning device.

During their first and only televised debate, Pennsylvania's Senate candidates John Fetterman and Mehmet Oz squared off Tuesday over key issues including abortion, minimum wage and crime just two weeks before the Nov. 8 election.

Why it matters: Pennsylvania is emerging as the bellwether state on the Senate map, with Oz, a Republican, and Fetterman, a Democrat, statistically tied in most of the latest polling. Republican and Democratic strategists believe the party that wins this race will hold the Senate majority next year.

John Fetterman, Pennsylvania's Democratic U.S. Senate candidate, responded to a question during Tuesday's debate about his fitness to serve after experiencing a stroke, saying, "For me, transparency is about showing up," while emphasizing his doctor's positive outlook on his recovery.

Driving the news: "I'm here today to have a debate," the Democratic candidate said during the first and only televised debate before the Nov. 8 election against his Republican opponent Mehmet Oz.

Gov. Gretchen Whitmer went on the offensive in Michigan's second and final gubernatorial debate on Tuesday, calling out Republican nominee Tudor Dixon for her views on COVID-19 and the 2020 election.

Why it matters: Dixon is gaining ground after an impressive debate performance earlier this month, but Whitmer remains the favorite ahead of the midterm elections on Nov. 8, according to the Cook Political Report.

President Biden and U.K. Prime Minister Rishi Sunak discussed policy on Russia, Ukraine, China and outstanding issues over Northern Ireland and the European Union Tuesday, the White House said.

Driving the news: In their first call since Sunak became prime minister, the leaders "discussed their shared commitment to protecting the gains of the Belfast/Good Friday Agreement and the need to maintain momentum toward reaching a negotiated agreement with the European Union on the Northern Ireland Protocol," per a White House readout.

Candidates for Pennsylvania's open Senate seat engaged sparred over abortion rights, with Republican Mehmet Oz emphasizing that the federal government should not interfere on the issue.

Why it matters: Pennsylvania is among the swing states most supportive of abortion rights, and abortion has been a core issue in the race as Fetterman was one of countless Democrats who leaned hard into the abortion rights fight after the Supreme Court overturned Roe v. Wade.

Democrats are spending hundreds of thousands of dollars attacking Republican House candidates from the right, with efforts to boost spoiler Libertarian candidates and portray a Republican who voted to impeach Donald Trump as a traitor to the former president.

The big picture: Prominent Democratic groups previously spent millions elevating hard-right Trump backers in key Republican primaries, with the expectation they'd be more beatable in general elections.

Alaska's Republican Party leaders voted Monday to censure Senate Minority Leader Mitch McConnell (R-Ky.) for supporting Sen. Lisa Murkowski (R-Alaska), the Washington Post reports.

The big picture: The move is symbolic with no real consequence but is intended to signal the party's disapproval of McConnell.

Los Angeles police said Tueaday detectives are investigating whether leaked audio of city council members' racist remarks was recorded illegally, AP reports.

Why it matters: The audio, which captured three Latino Democrats using derogatory language in a conversation about redistricting, led to intense backlash across the country and calls for resignation.