David Frum: Don’t assume McConnell has the votes to confirm

Last night and this morning, I felt like crawling into a hole for the next 40 days or so. And not a deep hole. I didn’t have the energy or joie de vivre for a deep hole. It would have been a shallow hole. Barely a hole at all. Really, I would have just lay down in the dirt until my DNA fused to the worms’ and slugs’ and grasses’ much more upbeat genetic material.

But I’m a more resilient guy ever since I got into therapy and on antidepressants (I recommend both if you’re struggling). And this morning a friend sent me this Atlantic story from former George W. Bush speechwriter and confirmed NeverTrumper David Frum.

He makes some excellent points (one of them being, don't swallow your tongue in abject, pants-shitting fear just yet):

What McConnell did in 2016 was an assertion of brute power, and what he proposes in 2020 is another assertion of brute power. And so the question arises: Does McConnell in fact have the power he asserts?

The answer may be no, for four reasons.

Do tell, David Frum:

The polls do not favor Susan Collins, Cory Gardner, or Thom Tillis—senators from Maine, Colorado, and North Carolina up for reelection this cycle. Yet these competitors may not be ready to attend their own funerals. They may regard voting against McConnell's Court grab as a heaven-sent chance to prove their independence from an unpopular president—and to thereby save their own seats.

Lisa Murkowski of Alaska has also made skeptical noises, and even Lindsey Graham of South Carolina may flinch. He faces an unexpectedly tough race this year, and he is extra-emphatically on the record vowing not to support a Supreme Court confirmation vote in the later part of a presidential year.

Frum also asks if Trump can find a woman nominee (Trump almost needs to nominate a woman to replace the legendary RBG, lest his female support erode even further) at the 11th hour who will be viewed as moderate enough by the senators who could be thinking of defecting.

Any last-minute Trump nominee will face a gantlet of opposition in the Senate, a firestorm of opposition in the country, and probably a lifetime of suspicion from the majority of the country.

Can McConnell and Trump find an appointee willing to risk all that for the chance—but not the guarantee—of a Supreme Court seat? Specifically, can they find a woman willing to do it? The optics of replacing Ginsburg with a man may be too ugly even for the Trump administration. And if they can find a woman, can they find a woman sufficiently moderate-seeming to provide cover to anxious senators? The task may prove harder than immediately assumed.

In addition, Yertle the Asshole’s hypocrisy on this issue is so egregiously off the charts it might create a mutually assured destruction scenario in which Democrats (assuming Biden wins and Dems retake the Senate) feel justified in packing the court by, say, adding two more justices.

But a last-minute overreach by McConnell could seem so illegitimate to Democrats as to justify radical countermoves should they win in November: increasing the number of appellate judges and Supreme Court justices; conceivably even opening impeachment hearings against Justice Brett Kavanaugh.

McConnell may want the win badly enough to dismiss those risks. But many conservative-leaning lawyers in the country may be more cautious. And their voices will get a hearing in a contentious nomination fight—not only by the national media, but by some of the less Trump-y Republican senators. This could be enough to slow down a process that has no time to spare.

I think Frum makes some great points, and anything that will keep me from reaching for the shovel is welcome news right now.

So let’s breathe, and keep fighting on.

A Democratic Senate has never been more important. Make it so.

“This guy is a natural. Sometimes I laugh so hard I cry." — Bette Midler on Aldous J. Pennyfarthing, via TwitterFind out what made dear Bette break up. Dear F*cking Lunatic: 101 Obscenely Rude Letters to Donald Trump and its boffo sequels Dear Pr*sident A**clown: 101 More Rude Letters to Donald Trump and Dear F*cking Moron: 101 More Letters to Donald Trump by Aldous J. Pennyfarthing are now available for a song! Click those links, yo!

The 6 Republican senators who will decide the Supreme Court fight

Ruth Bader Ginsburg’s death on Friday kicked off what is sure to be the most consequential Supreme Court confirmation fight in decades — and puts a spotlight on the handful of senators whose votes will determine the future of the court.

The universe of potential swing votes in the Senate is surprisingly small considering how high the stakes are. The following senators will be under enormous pressure — from Majority Leader Mitch McConnell, Minority Leader Chuck Schumer and President Donald Trump — to either fall in line, or break from their party in the most dramatic fashion.

McConnell’s decision to hold a vote on Ginsburg's replacement forces him to balance his long-standing desire to cement a conservative legacy in the federal judiciary, while also retaining his power as majority leader.

That there are so few potentially in play lawmakers reflects the hyperpartisan nature of the political landscape in 2020. With less than 45 days left until the election, both sides have largely retreated to their respective sides.

In the coming days, these senators will be forced to answer several important questions. Would you vote to confirm a Supreme Court nominee before the election? If a confirmation vote is held in the lame-duck period, would your decision hinge on whether the presidency and the Senate flip?

With 53 Republicans in the Senate, McConnell can afford to lose only three votes. Vice President Mike Pence could break a 50-50 tie if needed. Here’s who to watch:

The true swing votes

During Trump’s impeachment trial, these GOP senators — Susan Collins of Maine, Lisa Murkowski of Alaska and Mitt Romney of Utah — were among those deciding whether the trial would feature testimony from witnesses, as Democrats had been pushing.

This time around, the “Three Amigos” are equally as important, and they each find themselves with a slew of factors to consider.

In a statement on Saturday, Collins said the winner of the Nov. 3 presidential election should choose Ginsburg’s replacement, adding that she “would have no objection” to the Senate Judiciary Committee beginning to review the credentials of Trump’s eventual nominee.

“Given the proximity of the presidential election, however, I do not believe that the Senate should vote on the nominee prior to the election,” Collins said.

Collins was a key vote in confirming Supreme Court Justice Brett Kavanaugh in 2018, and she faced a torrent of angry Democrats back in Maine for her decision to back Trump’s nominee. She’s already locked in a tight reelection battle with her Democratic challenger, Maine House Speaker Sara Gideon, in what is shaping up to be one of the more expensive races this cycle.

Collins has long championed her moderate credentials; she supports abortion rights, for example, and has also voted in favor of Supreme Court nominees chosen by presidents of both parties. But the stakes are perhaps the highest they have been for the future of abortion rights in the United States.

She’s also facing pressure from fellow Republicans. Sen. Josh Hawley of Missouri, a hard-line conservative who himself is on Trump’s short list for the Supreme Court, issued a direct plea to Republican senators like Collins, tweeting on Saturday: “Two months ago, I pledged to vote only for #SCOTUS nominees who understand and acknowledge that Roe was wrongly decided. I stand by that commitment, and I call on my fellow Republican senators to take the same stand.”

Murkowski, too, supports abortion rights and is a true centrist within the GOP Conference; she was the only Republican to oppose Kavanaugh's nomination. And on Sunday, she announced she would oppose moving forward with Trump's next nominee. “For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,” the Alaska Republican said in a statement. “Sadly, what was then a hypothetical is now our reality, but my position has not changed.”

And then there’s Romney. The 2012 GOP presidential nominee joined Collins as the only Republicans to vote in favor of calling witnesses in Trump’s impeachment trial — and he was the only GOP senator to vote to convict the president.

His spokesperson pushed back against a rumor Friday that the senator would oppose seating a new Supreme Court justice before the inauguration in January. Romney’s statement on Ginsburg’s passing did not hint at his thinking on the possible confirmation fight.

Cory Gardner

The Colorado Republican gets his own section because, as a moderate who faces an increasingly difficult reelection fight in a blue state, the upcoming skirmish could make or break him.

His fellow vulnerable Republicans — including Martha McSally of Arizona and Thom Tillis of North Carolina — have already said they plan to support McConnell’s efforts to put a Trump nominee on the Senate floor as soon as possible. For Gardner, the political calculation is much more difficult. But on Monday, he became the latest Republican to come out in favor of holding a vote.

“I have and will continue to support judicial nominees who will protect our Constitution, not legislate from the bench, and uphold the law. Should a qualified nominee who meets this criteria be put forward, I will vote to confirm,” he said.


The institutionalists

You’ve heard this word thrown around before, especially during the impeachment trial and other Trump-fueled controversies that have tested the Senate. But this time, there are two we’re keeping a close eye on: Sens. Lamar Alexander (R-Tenn.) and Pat Roberts (R-Kan.).

Alexander, who has been serving in the Senate since 2003, and Roberts, who entered the upper chamber in 1997, are both retiring and have less than a few months left in office. They’re viewed as pragmatic institutionalists, who might worry about long-term fallout to the Senate. And the timing of the Supreme Court vacancy means they won’t have to worry about a bombastic tweet from the president hurting their political future.

Both men initially offered tributes and condolences for Ginsburg’s loss, but didn't comment on how they viewed the upcoming battle. However, on Sept. 20, Alexander issued a statement saying he thought a vote should take place.

There is another group of senators McConnell will stay in close touch with during this process to see how they feel, although they're very unlikely to publicly oppose Trump or the majority leader. Instead, McConnell will consult them privately about the mood inside the GOP Conference — some are already part of the GOP leadership team — and the chances for success for any Trump nominee.

This group includes Sens. Roy Blunt of Missouri, Shelley Moore Capito of West Virginia, James Lankford of Oklahoma, Rob Portman of Ohio, Marco Rubio of Florida and Pat Toomey of Pennsylvania.

All of these Republicans have good relationships with McConnell and are loyal to the party, but they also care about the Senate as an institution. McConnell will not be able to move forward without their support, and some are already giving him backup, including Blunt and Portman.

John Bresnahan contributed to this report.

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It’s time to get in Good Trouble to preserve the legacy of Justice Ruth Bader Ginsburg

Of course we’re crying. A woman who held us all up for so, so long has finally laid down her burden after the literal fight of a lifetime. We’re hurting. We’re afraid. We miss her already

But Republicans are already celebrating the death of pioneering Supreme Court Justice Ruth Bader Ginsburg as an opportunity. Donald Trump is calling on Republicans to act quickly to confirm whatever nominee he puts forward. Senate Majority Leader Mitch McConnell is contemplating whether a no-witnesses impeachment can be topped with a no-hearings confirmation. Ted Cruz is thinking about nothing except what he won’t be wearing under that black robe. Tom Cotton is speeding through his collection of KKK-approved all-white handkerchiefs mopping up all of the drool. And Josh Hawley is … probably shooting something.

There is absolutely no doubt that the GOP will now engage in the Hypocrisy Olympics, working hard to master the art of the 180-degree turn and racing to put Trump’s nominee across the line in record time. But a mere willingness start a hell-in-a-handbasket assembly line may not be enough to put another butt in Ginsburg’s seat on the Court before it even has a chance to cool. Democrats are not about to roll over. This is a fight worth having.

2020 may have robbed us of both Ruth Bader Ginsburg and Rep. John Lewis, but it’s time to get in Good Trouble. And there are multiple ways to fight.

“From where I sit, Ruth Bader Ginsburg's dying wish was not that McConnell would do the right thing. She knew he wouldn't. It was that we would FIGHT LIKE HELL to preserve her legacy.” — Elie Mystal, The Nation

Hillary Clinton has offered a three-part plan for fighting against the rapid replacement of Justice Ginsburg: 

1) Win over GOP Senators on principle.

There are dozens of Republicans who barely finished articulating why there could not be a nomination for a Justice during an election year. Not only did many of them voice this in 2016, some of them have continued to do so over the last four years in the most adamant terms; terms that having included things like “even if this was a Republican president.” It’s included telling America to “use my words against me” if they didn’t hold true to this claim. It may seem that there are no Republicans left willing to stand up for any principle, especially one they created out of convenience in the last election cycle, but that feeds right into the next point.

2) Pressure GOP Senators in tight re-election bids.

There are definitely Republicans in red states who will feel like falling in line behind Trump and McConnell is the only option. But there are also those—like Susan Collins—who are already finding that standing too close to Trump is leaving them with radiation burns. Push them. Make this an issue. There’s absolutely no doubt that, no matter who Trump nominates, it will be some Federalist Society-approved ultraconservative, ready to tear down everything Justice Ginsburg accomplished and paint the nation in a shade of industrial repression gray. Make it clear that anyone voting for Trump’s nominee—anyone who even supports a vote on Trump’s nominee—is supporting the reversal of every gain made under Ginsburg. 

3) Use procedural obstacles in the Senate.

There are not nearly as many obstacles here as there used to be, because the idea that the Senate runs on rules has been simply discarded by McConnell—who regularly discards the idea of regular order to simply do as he pleases. Still, there are some shreds remaining. To start with, Democrats must refuse  a continuing resolution so long as there is any threat of McConnell forwarding a nominee. Unless there is a binding agreement—an agreement that goes way beyond McConnell’s word—shut it all the #$%@ down. In addition, Democrats must deny the Senate unanimous consent. Not just unanimous consent on the nomination, but on everything. The Senate has less than two weeks of scheduled sessions in the remainder of the year. Democrats need to deploy every possible roadblock to scheduling hearings, holding hearings, bringing a nominee forward, scheduling a vote … these are delaying tactics, and there’s little doubt that McConnell will run over them all. Only, if the polls start to show that Americans aren’t happy about the nominee or the process, McConnell might start to lose some of these procedural votes.

And Americans are already not happy.

In Times/Siena polls of Maine, North Carolina and Arizona released Friday, voters preferred Mr. Biden to select the next Supreme Court justice by 12 percentage points, 53 percent to 41 percent. In each of the three states, Mr. Biden led by just a slightly wider margin on choosing the next justice than he did over all.

According to that poll, the desire to see Biden pick the nominee is actually higher than the base support for Biden. This could very well mean that the importance of this issue gets driven home to Republicans up for reelection in a very visible way.

But if any of the above is going to happen, it’s also going to have to happen in the streets, on the phones, and in every forum where Democrats—and everyone else—can make it clear that the legacy of Justice Ruth Bader Ginsburg must be preserved at all cost. She carried us this far. Now we have to carry her dream.

Ruth Bader Ginsburg’s body isn’t even cold and Mitch McConnell is dancing on her grave. This is war. Dems have powerful weapons. Now is the time to use them.

— Rob Reiner (@robreiner) September 19, 2020

Will Republicans stand by their own statements, or join McConnell in the most profound hypocrisy?

Four years ago, Mitch McConnell infamously refused to consider the nomination of Merrick Garland to the Supreme Court. Instead, McConnell twisted a never-employed 1992 comment from Joe Biden into a “rule”: Nominees to the Court should not be considered in the year before an election. There was absolutely no justification, in law or in practice, for this rule, and while Republicans trotted out statement after statement claiming that they were following some sort of “tradition,” the truth was that McConnell invented this faux tradition whole cloth. 

Even before Donald Trump, McConnell recognized the fundamental flaw in the American Constitution—at too many points, it counts on the participants in the process of government to act with a sense of honor and commitment to the nation. The authors of that document assumed that commitment to country, and a fair dose of public pressure, made it unnecessary to cross every “T” on the to-do list. They did not contemplate the kind of men who were perfectly willing to ignore a president’s nominee to the Court, or to dismiss an impeachment without hearing a single witness. They didn’t contemplate the depth of partisanship that would make these cowardly actions something Republicans would celebrate and encourage.

Like Donald Trump and William Barr, Mitch McConnell saw that the rules as written gave him the power to grab hold of the process of democracy and strangle it. But McConnell wasn’t alone in the fantasy he spun in 2016; a long line of Republicans joined him in fabricating claims and statements, and went before the nation under the pretense of a rule that never existed. It’s clear—it’s long been clear—that McConnell is unconcerned about being caught in his lies. He’s a happy hypocrite, unconcerned with either public scorn or the verdict of history. After all, he expects the nation he’s creating through corruption of the judiciary to write that history. The questions now are: Who will join him, and can they be stopped?

As McConnell spun his rule straight from his nethers, Republicans in 2016 did the same thing that Republicans have long demonstrated as their primary attribute: They fell in line. And if falling in line required lying about Senate rules, the Constitution, or history, they were willing to go there, even if the lies were obvious. Mother Jones has compiled a list of Republican senators who, four short years ago, engaged in chest pounding over the wrong, wrong, wrongness of voting on a Supreme Court nominee in an election year. FactCheck.org has also compiled a set of statements made by Republicans in 2016—and after—that definitely need to be on the lips of every reporter, and constituent, who speaks to them from now until January. Finally, Cosmopolitan put together such a list back in February of 2017, for the express purpose of holding Republicans true to their own statements.

Of course every list is headed by McConnell.

Morning Joe put together a montage documenting Mitch McConnell's shameless flip-flop about the appropriateness of filling a SCOTUS seat in a presidential election year pic.twitter.com/Czc6dmPGbS

— Aaron Rupar (@atrupar) May 29, 2019

John Cornyn (from his own website): “I believe the American people deserve to have a voice in the selection of the next Supreme Court Justice, and the best way to ensure that happens is to have the Senate consider a nomination made by the next President.”

Ted Cruz:  “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year.”

Marco Rubio: “The Senate is not moving forward on it until after the election. Senator McConnell, the majority leader, has already made that clear. And I agree with that. There’s been precedent established over 80 years that, in the last year, especially in the last 11 months, you do not have a lame-duck president make a lifetime appointment to the highest court on the land.”

Also Marco Rubio: “Number one, I don’t think we should be moving on a nominee in the last year of this president’s term—I would say that if it was a Republican president."

Lindsey Graham: “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait to the next election.”

“I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination." pic.twitter.com/quD1K5j9pz

— Vanita Gupta (@vanitaguptaCR) September 19, 2020

Cory Gardner: "I think we’re too close to the election. The president who is elected in November should be the one who makes this decision." (This statement was made in February 2016, 10 months before the upcoming election. Gardner at first said he would consider a nominee for Obama, before McConnell forced Gardner to recant.)

Jim Inhofe: “It makes the current presidential election all that more important as not only are the next four years in play, but an entire generation of Americans will be impacted by the balance of the court and its rulings. I will oppose this nomination as I firmly believe we must let the people decide the Supreme Court's future.”

Chuck Grassley: “Following the death of Justice Scalia, as Americans were beginning to cast their votes for the next President, I said that we’d move forward with the next President’s nomination to the Supreme Court, regardless of who won. The President has made his selection and that’s what we’ll do."

Also Chuck Grassley: “A lifetime appointment that could dramatically impact individual freedoms and change the direction of the court for at least a generation is too important to get bogged down in politics. The American people shouldn’t be denied a voice.”

Still more Grassley: Grassley invited Merrick Garland to a breakfast meeting, not to consider him as a candidate, but to ”explain why he will not hold hearings.”

Joni Ernst: “We will see what the people say this fall and our next president, regardless of party, will be making that nomination.” 

Thom Tillis (from his own web site): “The campaign is already under way. It is essential to the institution of the Senate and to the very health of our republic to not launch our nation into a partisan, divisive confirmation battle during the very same time the American people are casting their ballots to elect our next president.” 

Ron Johnson: “I strongly agree that the American people should decide the future direction of the Supreme Court, by their votes for president and the majority party in the U.S. Senate.”

In 2016, Susan Collins called for public hearings on Merrick Garland and praised the nominee. This was, of course, pre-falling in line.

Ditto for Lisa Murkowski, who at first supported holding hearings, only to come back and “revoke” her support after a conversation with Grassley. “Senator Murkowski respects the decision of the chair and members of the Judiciary Committee not to hold hearings on the nominee.” 

As a special bonus, here’s Ted Cruz—not just proclaiming that there should be no vote before the election, but warning about how Merrick Garland is exactly the kind of nominee you could expect … from Donald Trump: "Merrick Garland is exactly the type of Supreme Court nominee you get when you make deals in Washington D.C. A so-called ‘moderate’ Democrat nominee is precisely the kind of deal that Donald Trump has told us he would make—someone who would rule along with other liberals on the bench like Justices Ginsburg and Sotomayor. We cannot afford to lose the Supreme Court for generations to come by nominating or confirming someone that a dealmaker like Donald Trump would support ... I proudly stand with my Republican colleagues in our shared belief—our advice and consent—that we should not vote on any nominee until the next president is sworn into office. The people will decide. I commend Mitch McConnell and Chuck Grassley for holding the line and ensuring that we the people get to exercise our authority to decide the direction of the Supreme Court and the Bill of Rights.”

Mitch Ready to Steamroll Dems on Ginsburg Replacement

Mitch Ready to Steamroll Dems on Ginsburg ReplacementOn Feb. 13, 2016, then-Supreme Court Justice Antonin Scalia was found dead in a ranch bedroom in Texas. It was 268 days before the November election and Senate Majority Leader Mitch McConnell (R-KY) was quick to quip that there would not be a replacement until the next president was chosen. On Friday evening, Justice Ruth Bader Ginsburg died of complications from cancer 46 days before the presidential election. But McConnell has already made it clear that he sees no reason to wait for voters to weigh in on who should pick her replacement. The Kentucky Republican declared just hours after the death was announced: “President Donald Trump’s nominee will receive a vote on the floor of the United States Senate.”McConnell’s monomaniacal focus on filling the courts with young conservatives will be tested in the next few months by a variety of factors. But the main one will be whether four Senate Republicans will prove unwilling to go along with confirming a replacement for Ginsburg after their party spent 237 days denying Judge Merrick Garland—President Barack Obama’s nominee for the Scalia seat—a hearing, let alone a vote. Already, one of those Republicans, Sen. Lisa Murkowksi (R-AK), has said she would not support filing a Supreme Court vacancy in 2020, citing the Garland precedent, a position she reiterated on Friday night. Sen. Susan Collins (R-ME) had made a similar declaration. And even close Trump allies—albeit ideologically heterodoxical ones—were making arguments to let the election conclude before filling the post. “Of course they should [wait] but they won’t,” Alan Dershowitz, a celebrity attorney who also served on Trump’s legal defense during the impeachment trial, said on Friday night, reacting to the news. “I’m deeply distressed. She was a great woman, a great justice, and a great American… I think the Republicans are going to try to push it through… If it’s a close election, they will want to have their justices on the bench.”Asked if he had the chance, what he would say to President Trump now, Dershowitz added, “I would say Republicans ought to stick to their position that they took when Scalia died… Let the American people decide who they want to see nominate the next Supreme Court justice.”But elsewhere, there were not many overt calls for patience from Trump world figures. Sen. Lindsey Graham (R-SC), who chairs the Judiciary Committee through which any nomination must go, had previously said he would also oppose any confirmation during an election year. But the senator also finds himself in a dogged re-election fight, with a particular need to ramp up support from conservative voters in his state. The statement he released after Ginsburg’s death conveyed no position on—and, therefore, no hesitation with—filling the seat. “It was with great sadness that I learned of the passing of Justice Ginsburg,” Graham said. “Justice Ginsburg was a trailblazer who possessed tremendous passion for her causes. She served with honor and distinction as a member of the Supreme Court. While I had many differences with her on legal philosophy, I appreciate her service to our nation. My thoughts and prayers are with her family and friends. May she Rest In Peace.”For Democrats, there are few if any tools they possess to stop a nomination from going through, save mustering up an overwhelming amount of public pressure to persuade those four Republicans to not only oppose a nominee through the election, but through the period after the election until the next president is inaugurated.It’s a gargantuan task. Among Democrats and liberal activists, there was widespread mourning, but also an immediate, historic sense of urgency and calls to action and strategizing. Around 9:30 p.m. on Friday, various progressive groups, including Demand Justice, convened an emergency conference call to discuss the way forward following Ginsburg’s death, according to a source familiar with the matter. On the call, several participants shared their thoughts and prayers, and discussed vigils that would be held this weekend. Publicly, Democratic leader Sen. Chuck Schumer (D-NY) tweeted that “this vacancy should not be filled until we have a new president”—adopting, verbatim, the language McConnell had used after Scalia’s death. But to many Democrats, the question was not whether McConnell would push for a nominee, but when. “I think the only question is whether he tries to jam it through now or the lame duck. Either would be a clear abuse of the process but that won’t stop McConnell,” said Jim Manley, a former top aide to then-Senate Majority Leader Harry Reid (D-NV). “Under no scenario,” Manley added, would McConnell wait until the next president. Manley said that it was his suspicion that the process would happen after the election due to the sheer logistics of getting a nominee confirmed. There was, he noted, the need for a background investigation, a review by the Judiciary Committee itself, a hearing on the nominee, and procedural hurdles that could drag out two or more weeks. The average number of days to confirm a Supreme Court justice is 70, according to the Congressional Research Service. But there is also nothing that prevents McConnell from scrapping those norms and rules altogether, should he want to expedite matters. “Rules are rules, but they’ve long become accustomed to them breaking the norms,” said Manley. Within the GOP conference, there’s less of a clear sense as to what McConnell will do. The Kentucky senator, focused on retaining the GOP majority at all costs this fall, faces a situation where the politics of an election eve Supreme Court fight could have varying effects for his most vulnerable members. A key swing vote for Justice Brett Kavanaugh’s confirmation, Sen. Susan Collins (R-ME), faces the re-election battle of her career this fall, and could burnish the independent image she touts by opposing any confirmation. Other moderates in tough races could make similar calculations. So too could Sen. Mitt Romney—the president’s sharpest GOP critic in the senate—as well as several retiring Republicans. Justice Ruth Bader Ginsburg, the Outsider’s Champion, Has Died at 87 Here Are the Ways to Stop Mitch and Trump From Replacing RBGTo placate those members, McConnell could hold off until after the election. But he’s not the only actor in this play. Trump has long credited his 2016 win to the conservative voter enthusiasm over the possibility of filling a Supreme Court vacancy. And a potential vacancy at the high court has never been far from the minds of top White House officials. Earlier this month during a formal press conference in the Diplomatic Reception Room, Trump announced he had expanded his list of possible judicial picks by 20 individuals including Sens. Ted Cruz (TX), Tom Cotton (AR) and Josh Hawley (MO) as well as a rising Republican rising star, Kentucky  Attorney General Daniel Cameron. “Should there be another vacancy on the Supreme Court during my presidency, my nominee will come from the names I have shared with the American public, including the original list and these 20 additions,” Trump said during a press conference on Sept. 9.  Trump then challenged former Vice President Joe Biden to release a list of potential nominees—a dare the Democratic nominee  has, so far, ignored. But while Trump recently produced a fresh list of potential nominees, speculation about whom he would pick has centered largely around Judge Amy Coney Barrett, who serves on the Seventh Court of Appeals. In picking Barrett, Trump would please his conservative base but also create a potentially thorny confirmation process at a time when tensions are already at a fever pitch. A former clerk for Justice Antonin Scalia, Barrett has the reputation as a conservative, but in many ways is still untested on major issues that could come up before the Supreme Court. At 48, Barrett would be the youngest of the potential justices Trump has considered for the court and she has the least experience of anyone on the Supreme Court bench. News of Ginsburg’s death broke as Trump was at a Minnesota campaign rally, giddily running through a standard roster of applause lines. As he spoke, he did not appear to know about the political and legal grenade that had just been tossed into official Washington. Two Trump aides told The Daily Beast mid-speech that the president didn’t know, though various other senior administration officials were well aware and preparing to discuss the matter with him, as soon as later in the evening.Amy Coney Barrett, the Trump Supreme Court Pick Who’ll Troll Liberals the HardestThough apparently not yet informed of  Ginsburg’s death, Trump did mention the importance of the court—part of a familiar rally riff that took on new weight in light of the new political reality.  “And that's why the Supreme Court is so important, because the next president will get one, two, three or four Supreme Court justices,” Trump said. “I had two. Many presidents have had none, they've had none, because they're there for a long time."At the White House in Washington, DC, the American flag was quickly lowered on Friday to half-staff in memory of Justice Ginsburg, according to White House spokesman Ben Williamson.As Trump boarded Air Force One, he told reporters he had just learned of Ginsberg’s death. "Just now?" he responded when asked about her death, according to CNN’s Kaitlan Collins. “She led an amazing life. What else can you say? She was an amazing woman — whether you agree or not — she was an amazing woman who led an amazing life.”Read more at The Daily Beast.Get our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.


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Hawaii high court mulls e-signatures in impeachment petition

HONOLULU (AP) - Honolulu officials arbitrarily rejected electronic signatures in an impeachment petition, a lawyer for a businessman who wants the city's embattled prosecutor impeached argued before the state Supreme Court Friday.

Tracy Yoshimura is seeking impeachment of Prosecuting Attorney Keith Kaneshiro because Kaneshiro received notice from the U.S. ...

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State Dept. provides House Dems docs previously given to Ron Johnson’s Biden probe

The State Department on Friday turned over 16,000 pages of documents to a House committee that were previously given to Senate Republicans investigating Joe and Hunter Biden — providing Democrats with key information as a top GOP senator prepares to release a report expected to be highly critical of the Democratic presidential nominee.

The massive document production to the House Foreign Affairs Committee led Chairman Eliot Engel (D-N.Y.) to rescind his July subpoena for the documents and pause the panel’s contempt proceedings against Secretary of State Mike Pompeo.

It also comes as Sen. Ron Johnson (R-Wis.), who is leading the GOP probe targeting the Bidens, is teasing a forthcoming report detailing the allegations, which center on Biden’s son Hunter and his role on the board of Burisma, a Ukrainian energy company. Johnson has said his report is likely to be published next week.

Democrats have described Johnson’s probe as a politically motivated smear campaign against President Donald Trump's challenger that has already been discredited and tainted by Russian propaganda. The intelligence community has identified a pro-Kremlin Ukrainian lawmaker, Andriy Derkach, as an agent of a Russian disinformation campaign intended to denigrate Biden.

“This ‘investigation’ is obviously designed to boost the president’s campaign and tear down his opponent, while our own intelligence community warns it is likely to amplify Russian disinformation,” Engel said in a statement. “We’re going to make sure the American people see the whole picture, not just cherrypicked information aimed at breathing new life into debunked conspiracy theories.”

Democrats have raised concerns that material gathered by Derkach, who met in December with Trump’s personal lawyer Rudy Giuliani, has been laundered into Johnson’s material. Johnson has strenuously denied the allegations, but Democrats sought the documents he obtained from the State Department to understand the direction his probe is taking. POLITICO first reported that Derkach mailed information about the Bidens to Johnson, but Johnson’s office has denied receiving anything from Derkach.

Derkach has pushed many of the same claims against Biden that Johnson, who chairs the Senate Homeland Security and Governmental Affairs Committee, is pursuing. Johnson’s probe centers on allegations that a Democratic public-affairs firm sought to leverage Hunter Biden’s position on the board of Burisma in order to influence the Obama-era State Department.

Johnson has also alleged that Hunter Biden’s role was itself a conflict of interest because his father, who at the time was the vice president, was spearheading U.S. policy toward Ukraine.

Johnson has drawn condemnation in recent weeks for characterizing his probe as potentially fatal to Biden’s presidential candidacy, a political calculation that Democrats said removed any doubt about the goal of his investigation.

Some Republicans have expressed discomfort with Johnson’s probe, too. Sen. Mitt Romney (R-Utah) last week described it as a “political exercise” and said he opposed Johnson’s efforts to subpoena additional witnesses as part of the investigation. POLITICO reported earlier this year that Sen. Richard Burr (R-N.C.), then-chairman of the Senate Intelligence Committee, warned Johnson that his probe could aid Russia’s election-meddling efforts.

“It is not the legitimate role of government, for Congress or for taxpayer expense, to be used in an effort to damage political opponents,” Romney said this week, referencing Johnson’s earlier comments that called into question the Wisconsin Republicans’ assertions that the investigation has nothing to do with the upcoming election.

Engel has accused the State Department of racing to aid Johnson’s effort despite stonewalling House Democrats in numerous other investigations, including its impeachment inquiry in 2019. He cited a recent internal directive, revealed last month by POLITICO, that urged state Department offices to provide key documents to Johnson by the end of September.

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House Democrats ponder throwing in the towel on Trump oversight, letting voters bail out the nation

House Democrats are not exactly presenting profiles in courage these days, generally putting the impetus for stopping Donald Trump on voters. Well, gang, we're all exhausted. But you can't just count on voters to bail you out. There's real impetus against Trump right now, yes, but motivating people to vote for something is just as important.

It's important because it sets up the momentum for a Joe Biden/Kamala Harris administration to jump in full throttle in January. It's also important because they're letting Team Trump get away with murder, literally and figuratively. Some investigations into the cozy deals Clown Prince Jared has been making using taxpayers’ dollars to fight the coronavirus would be one place to start. Attorney General William Barr's systematic dismantling of the rule of law is a pretty important one, too. So is enforcing the House's own subpoena power over Trump officials who aren't even legally officials! But House Democrats are projecting an entirely bad attitude.

Daily Beast reporter Sam Brodey says a question posed to Rep. Tom Malinowski, a New Jersey Democrat, about Trump administration efforts to paper over Russian interference in the election lead to a "disbelieving chuckle. Which then morphed into a full-on fake sob, played up for effect." And then this statement: “Impeachment is the tool the Constitution gives us to deal with serious abuse of power in between elections. […] When you're two months from an election […] the American people are going to have their say very, very soon.” So you don't raise holy hell about Russian interference in an election that's very, very soon because that election is so soon? Bullshit, not to put too fine a point on it.

At the suggestion that the House has reached the limits of its oversight powers, Michigan Democratic Rep. Dale Kildee said that “It feels that way sometimes,” then gave this contradictory explanation: “but I obviously think we still have to pursue every avenue, turn over every rock […] I mean, right now, it's pretty much in the hands of the American people.” Which is it? Turning over the rocks and exposing what we all need to see, or handing it over to voters? The House is the only institution we've got right now that can put Trump's malfeasance on display every single day until the election and prove to voters that 1) he's got to go; and 2) we need a Democratic Senate as well as House to tackle the enormous destruction he's wrought.

An unnamed Democratic aide was less careful about expressing the attitude in the caucus. They told The Daily Beast that Democrats are "finally confident" Trump will be voted out, and thus are mostly trying to "avoid Trump shit." Apart from trying to get further COVID-19 relief passed, doing much else is not on their radar, "even among members of the key committees that have led oversight for the past two years. 'The election is a month out. […] Most members are focused on putting their heads down and getting reelected.'"

The exhaustion is certainly understandable, but the certainty that Trump will be voted out is taking a little too much for granted and maybe, just maybe, the Democratic base needs to see Democrats keeping up the fight. For one thing, exposing Trump's corruption and keeping it in the spotlight could act as a deterrent for Trump to fight the election results, one thing that House Democrats are increasingly alarmed about. Maryland's Jamie Raskin is one of them. “In the age of Donald Trump, if we have learned nothing else it is that we must be prepared for the worst,” said Raskin. “We have to just go out and fight. We need to create a landslide election that cannot be stolen, and then we need to counter all of the propaganda and disinformation, and then we need to put all of our best lawyers in a position to block the efforts to obstruct the election.”

Both of those things are necessary. Preparing for that is necessary. Putting all of Trump's wrongdoing out in front of the public before, during, and after Nov. 3 is a key way of doing it. It's also giving a head start on what has to happen next year: prosecutions of Trump officials who have misused public funds and betrayed the public trust.

There's also the part about how the people's branch of government has to become that again, reassert its coequal power, and start fighting an out-of-control executive branch. It failed to do that with the Bush/Cheney regime and look where we ended up. There is going to have to be a reckoning and there's no time like the present to start preparing for it.

Peru’s president faces impeachment vote amid pandemic turmoil

LIMA, Peru — Peruvian President Martín Vizcarra’s job is on the line Friday as opposition lawmakers push through an impeachment hearing criticized as a hasty and poorly timed ouster attempt in one of the countries hardest hit by the coronavirus pandemic. Lawmakers appeared to be far short of the two-thirds majority vote required to remove...
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