McCarthy says he will look at expunging Trump impeachment

Speaker Kevin McCarthy (R-Calif.) said on Thursday that he would consider expunging one or both of former President Trump’s impeachments.

“I would understand why members would want to bring that forward,” McCarthy said in response to a question at a press conference on Thursday, before listing off several other key priorities for House Republicans. 

“But I understand why individuals want to do it, and we’d look at it,” he added.

In the last Congress, a group of more than 30 House Republicans led by Rep. Markwayne Mullin (Okla.) put forward a resolution to expunge Trump’s impeachment in the wake of the Jan. 6, 2021, attack on the Capitol. The resolution was supported by the fourth-ranking Republican in the House, Republican Conference Chairwoman Elise Stefanik (N.Y.).

A smaller group, again led by Mullin, also introduced a resolution to expunge Trump’s December 2019 impeachment for allegedly attempting to withhold military aid from Ukraine in an effort to pressure the country to investigate the business dealings of President Biden’s son Hunter Biden.

The Senate ultimately acquitted Trump in both impeachments, after failing to reach the two-thirds majority required to convict him.

GOP divided in rush to impeach Mayorkas

Tensions are rising in the GOP House over how to tackle a topic many back enthusiastically: impeaching Department of Homeland Security (DHS) Secretary Alejandro Mayorkas.

Republicans are largely unified in opposition to the secretary, but while some want to go full bore right away, others see fast-track impeachment as a mistake, warning that it's important to build their case before the public.

“We made the argument that impeachment was rushed — the second impeachment — and I think that's not who we are as a party,” said Rep. Michael McCaul (R-Texas), a former prosecutor, in reference to the second impeachment of former President Trump.

McCaul said it's the committees of jurisdiction that should be leading the inquiry.

“We need to have hearings on this and we need to gather evidence and facts and, look, do I think the guy has done a terrible job? Yes,“ McCaul said. “Do I think he's been derelict in his responsibilities? Yes. But we need to get all this together, and do it in a methodical way.”

In some corners, Republicans are lining up at the chance to impeach Mayorkas.

After Rep. Pat Fallon (R-Texas) filed articles of impeachment against the secretary this week, Rep. Andy Biggs (R-Ariz.) quickly pledged his own resolution while suggesting he was the one who had actually taken the impeachment action first.

“I was the first Member of Congress to introduce impeachment articles against DHS Secretary Alejandro Mayorkas in 2021,” Biggs wrote on Twitter. “I will reintroduce these articles with even more justification very soon.”

Balancing the different interests will be another challenge for Speaker Kevin McCarthy (R-Calif.), who has signaled he supports a deliberate approach.

“House Republicans will investigate every order, every action. And every failure will determine whether we can begin impeachment inquiry,” he said in November, during a trip to the border.

Twenty lawmakers have signed on to Fallon’s resolution. While he said he doesn't want to preclude any investigation, Fallon wants to prompt his colleagues to start them immediately. 

“I think it's of vital import to get the ball rolling immediately. Because this is an emergency. This is break glass. This is something that we can't just sit around any longer and say, ‘Well, we'll do it in a month, we'll take it up in four months.’ Let's take it up right now,” he told The Hill.

Building a case for Mayorkas’s impeachment may not be as easy as some of his critics think.

For example, Fallon argues that Mayorkas lied to Congress in two different appearances, when saying both that the Biden administration has maintained operational control of the border and that the border is secure. 

Both points are largely a matter of opinion; impeachment statutes are typically reserved for “high crimes and misdemeanors.”

“Impeachment is a very serious topic, and it's one where the facts need to lead you to the results, not have a predetermined decision,” said Rep. Tony Gonzales (R), who represents the Texas district with the longest shared border with Mexico.

Homeland Security officials, so far, have not assigned staff to deal with potential impeachment inquiries.

“Secretary Mayorkas is proud to advance the noble mission of this Department, support its extraordinary workforce, and serve the American people.  The Department will continue our work to enforce our laws and secure our border, while building a safe, orderly, and humane immigration system," said Marsha Espinosa, a spokesperson for DHS.

“Members of Congress can do better than point the finger at someone else; they should come to the table and work on solutions for our broken system and outdated laws, which they have not updated in over 40 years,” she added.

Ultimately, Republicans who support impeachment and those who oppose it will have to make their case to McCarthy and his leadership team, who will weigh the costs and benefits of spending political capital on a historic measure with scant chances in the Senate.

Impeaching Mayorkas in the House would require a majority vote. In the Senate, a two-thirds majority would be necessary to win a conviction — a high bar.

Only one Cabinet member has been impeached in history — former President Grant’s secretary of war, William Belknap, who was accused of taking kickbacks from a contractor he appointed to run the trader post in Fort Sill, Okla. Belknap resigned before facing an almost-certain Senate conviction, a fate that's unlikely to play out with Mayorkas.

Other Republicans who spoke with The Hill stressed the need to go through the proper oversight channels, rather than leap into impeachment.

House Homeland Security Committee Chairman Mark Green (R-Tenn.), whose panel would be among those with jurisdiction over Mayorkas’s impeachment, was animated when he spoke about the opportunity to remove the DHS chief, pushing their own coming investigation.

“We're going to hold him accountable. That's what we're going to do. We're going to have hearings and dig into what I would say is dereliction of duty,” he said.

“All I can speak about is what we're going to do in the committee and that is a five-phased approach of tackling the fight.”

Rep. Chip Roy (R-Texas) said the GOP needed to handle the matter in “the appropriate way.”

“I've been very public about my belief that he has violated his oath, that he has undermined our ability to defend our country,” he said.

“But I'm on the House Judiciary Committee in the majority now and so I'm going to talk to [Chair] Jim [Jordan] (R-Ohio) and talk to people on that committee to make sure that we're going through this and looking at it in the appropriate way.” 

Rep. Dan Crenshaw (R-Texas), who was initially by McCarthy’s side for the November border trip as he stressed an eventual inquiry, has signed onto Fallon’s resolution as a co-sponsor, saying he believes Cabinet secretaries can be impeached over their policies.

“People argue about this legally, you can impeach a president because you just don't like his policies. In theory that could be considered a high crime or misdemeanor according to the current legal analysis,” he said.

“I just decided I agree with Fallon. That's basically as simple as I can put it.”

House Republicans want to un-impeach Donald Trump, and Kevin McCarthy is weak enough to let them

Donald Trump set the record by being impeached in the House of Representatives twice, both times for very good cause. The first of those impeachments came when Trump attempted to blackmail Ukrainian President Volodymyr Zelenskyy into providing false claims about Joe Biden in exchange for military support. The second after Trump tired of threatening other nations and directly attempted to overturn the results of a U.S. election.

Now Republicans want to get out the Wite-Out and “expunge” at least one of Trump’s impeachments—both would be better—and Kevin McCarthy is there for it. 

In laying out all the critical challenges the House faces, McCarthy didn’t seem sure how they would fit this in between investigating Hunter Biden’s laptop and pretending to build a wall, but as The Washington Post reports, the modern record-holder in losing votes for the House speakership expressed “sympathy” for the idea of giving Trump a clean slate because of all Trump “went through” during investigations into his connections to Russia.

This might not be the best time to pretend that withholding military assistance from Ukraine had nothing to do with Trump’s ties to Russia, and McCarthy might want to revisit the nation’s most overlooked document, the report produced by a Republican-led Senate committee showing Trump’s numerous, substantial, and dangerous connections to Russia. But hey, none of that really matters because none of this has anything to do with reality.

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Even on the surface, McCarthy’s suggestion that Trump get a do-over because people had been mean to him is ridiculous. There are few judges on Earth willing to accept “I was having a bad day” as an excuse for a crime of any size. Trump’s elaborate efforts to secure false statements from Ukraine to help him defeat Joe Biden in the election weren’t a matter of a few statements in one very much not “perfect” phone call. As the investigators showed during his impeachment trial, Trump’s attempts to wring arms in Ukraine extended back over months, and included false stories funneled through Rudy Giuliani that were handily published by The New York Times. The threat posed by this attempt is currently being vividly illustrated just north of Bakhmut.

When it comes to the second impeachment, the evidence for that impeachment is still visible in damage to the building where Congress sits. It’s also still very much on the minds of Americans. As Kerry Eleveld wrote today, Americans remain intensely aware of the damage done to the nation through the Jan. 6 insurrection as well as Trump’s involvement. That connection was not only confirmed in the impeachment investigation, but underlined by the findings of the Jan. 6 select committee. The voting that took place in November can be seen as a verdict on how America feels about the former seditionist-in-chief.

… the Jan. 6 panel's ingenuity in making Trump central to the story and indicting him in the court of public opinion was the key to making his endorsees utterly toxic on the campaign trail.

Neither of Trump’s impeachments was over a trivial matter. They were historic abuses of power that went well beyond the crimes of any recent leader, including Richard Nixon. Neither of those impeachments were partisan, except in the sense that the modern Republican Party would not indict Trump for anything, no matter how terrible.

What did the holder of the limp gavel think about Trump’s actions following Jan. 6? As Rebekah Sager reported in April, McCarthy was a bit less willing to give Trump a pass at the time. In fact, McCarthy and other Republican leaders believed that “Trump was directly responsible for the insurrection on the U.S. Capitol” and reportedly told other Republicans in Congress that they would ask Trump to resign. But that was, of course, before McCarthy touched base with his funders, checked in with the most radical faction of his party, or surrendered the House to people who think he’s a dunce.

Now the only real question is … can they? Can House Republicans actually hand Trump a clean record?

Not in any practical sense, of course. What Trump did, the impeachments that it generated, and the way that Mitch McConnell used his control of the Senate to protect Trump from conviction are already a part of the public record. Donald Trump was impeached in the House, twice, and nothing is going to change that.

That doesn’t mean that Republicans can’t still show their infinite loyalty to Trump and once again shove America’s collective nose into the idea that justice has any meaning for those at the top of the pyramid. It just means it would be worse than pointless.

There is no mechanism in the Constitution that allows an impeachment to be expunged. Yes, say Republicans, but there’s also nothing in the Constitution that says an impeachment can’t be expunged. So there.

This is true, precisely because the authors of the document likely recognized the boneheaded uselessness of any such expungement. Any impeachment is, by necessity, an expression of the will of the sitting House of Representatives in the current Congress. A new Congress can certainly issue a statement disagreeing with the opinion of a past House, but that new statement in no way invalidates the opinion of the House that issued the impeachment in the first place.

They cannot make it as if this never happened. It happened. It will literally be in the history books … assuming those books are edited by Ron DeSantis and Greg Abbott.

The fact that Republicans are even talking about this makes it likely that they’re going to try it. In fact, Republicans put even more pointless bills before the House twice already that would have expunged both impeachments, even though they knew those bills would go nowhere. Because this isn’t about justice. It’s about show.

Letting the Republicans once again show that protecting Donald Trump’s ego is their highest priority? Sure. Let them.

McCarthy amplifies vow to keep Schiff, Swalwell off Intel Committee

Speaker Kevin McCarthy (R-Calif.) on Thursday amplified his pledge to keep a pair of high-profile Democrats — Reps. Adam Schiff (Calif.) and Eric Swalwell (Calif.) — from joining the powerful House Intelligence Committee in the new Congress. 

Both Schiff and Swalwell played an outsized role in the impeachments of former President Trump, becoming toxic figures among Republicans in the process.

McCarthy has vowed for months to remove them from the House Permanent Select Committee on Intelligence, known as HPSCI, in the wake of the Democrats’ move to strip two Republicans — Reps. Marjorie Taylor Green (Ga.) and Paul Gosar (Ariz.) — of their committee assignments in the last Congress.

On Thursday, McCarthy said he’s not backing down. 

“What I am doing with the Intel Committee [is] bringing it back to the jurisdiction it's supposed to do. Forward-looking to keep this country safe, keep the politics out of it,” McCarthy told reporters in the Capitol. 

“So yes, I'm doing exactly what we're supposed to do," he added.

The reasons Republicans are targeting Schiff and Swalwell are unique to each lawmaker. 

For Schiff, the former chairman of the Intelligence Committee, McCarthy has focused on his role in the investigation into Trump’s ties to Russia, accusing Schiff of lying to the public about the depth of that affiliation. 

He’s also accused Schiff, who was the lead manager in Trump’s first impeachment, of exaggerating the central assertion of that case, which charged Trump with leveraging U.S. military aid to pressure Ukrainian leaders to investigate his political adversaries. 

“He put America — for four years — through an impeachment that he knew was a lie,” McCarthy said Thursday.  

In Swalwell’s case, Republicans have highlighted his ties to a suspected Chinese spy who had helped fundraise for Swalwell’s 2014 reelection campaign — an episode that became public only in 2020, when Axios reported it.

“If you got the briefing I got from the FBI, you wouldn't have Swalwell on any committee,” McCarthy said.

Swalwell, who had cut ties with the Chinese national when informed of her identity by the FBI, said this week that McCarthy’s decision to remove him from HPSCI was “purely vengeance” for Swalwell’s role as a manager in Trump’s second impeachment, which followed the Jan. 6, 2021, attack on the U.S. Capitol. 

“I did what I hope every one of my colleagues would do, which was to help the FBI get this person out of the country,” Swalwell said Wednesday in an interview with MSNBC's Chris Hayes. “This is only about vengeance, and there's no substantive reason to remove us.”

Separately, McCarthy is also vowing to remove Rep. Ilhan Omar (D-Minn.), one of three Muslim lawmakers in Congress, from her spot on the Foreign Affairs Committee. Omar has been highly critical of the Israeli government and its supporters, particularly on issues related to Palestinian rights, leading to charges of antisemitism. In one 2019 episode, Omar was forced to apologize after suggesting wealthy Jews are buying congressional support for Israel. 

McCarthy did not mention Omar on Thursday, but told the GOP conference earlier in the week that he would follow through on his pledge to block all three Democrats — Omar, Schiff and Swalwell — from their top committees, according to lawmakers in the meeting. 

“Speaker McCarthy confirms that Adam Schiff, Eric Swalwell, and Ilhan Omar are getting kicked off the Intel and Foreign Affairs Committees,” Rep. Troy Nehls, a Texas Republican, tweeted on Tuesday after the closed-door gathering

“Promises made. Promises kept!” he added.

The process for removing a lawmaker from a standing committee like Foreign Affairs is different than for kicking representatives off the HPSCI, which is a select committee.

McCarthy, as House Speaker, has the power to reject Schiff and Swalwell unilaterally. By contrast, Republicans would have to bring a resolution removing Omar to the House floor, as Democrats did with Greene and Gosar in 2021.

As the parties clash over the legitimacy of stripping committees from the three targeted Democrats, it’s unclear if McCarthy will even be confronted with that option in the case of Schiff and Swalwell. That’s because Rep. Hakeem Jeffries (N.Y.), the new Democratic leader, has not yet indicated whether he will seat those two on the Intelligence panel in the new Congress. 

HPSCI has term limits on its members, and Swalwell is at the end of the four-cycle cap, leading to questions of whether Jeffries would supply a waiver to try to keep him aboard. Schiff, as the top Democrat on the panel, is exempt from those limits. 

Jeffries has begun the process of naming Democrats to the various committees, including the Ethics panel, which revealed its roster on Tuesday. But he has not revealed the Democrats he’s putting forward for the Intelligence panel. 

Jeffries’s office did not respond on Thursday to a request for comment.

Meanwhile, other members of the Intelligence Committee are itching to get seated — and secure their security clearances — so they can get to work in the new Congress.

Rep. Jim Himes (D-Conn.), who is seeking to replace Schiff as Intel’s top Democrat if Schiff falls off the committee, said Thursday that members of the panel are eager to regain access to their classified briefings, not least because of the recent news that President Biden was found to be in private possession of confidential documents.  

“It's a sensitive moment not to have, you know — you can't get briefed on whatever the Biden classified documents are, [and] from a party standpoint, you don't have a very clear spokesman on the issue,” Himes said. “So I'm hoping it's soon."

Ricketts tapped to fill Nebraska’s open Senate seat

Nebraska Gov. Jim Pillen has appointed Pete Ricketts, the state’s former GOP governor, to fill retired Sen. Ben Sasse’s seat through 2024.

Ricketts, who served two terms and endorsed Pillen in the race to replace him last year, will run in a special election next fall to fill out the remaining two years of Sasse's Senate term. Ricketts said on Thursday that he is committed to running for the seat in both 2024 and 2026.

Before appointing Ricketts, Pillen said he weighed the former governor's ability to win statewide elections as well as his commitment to run for a full term, which would help develop seniority in the Senate. Ricketts will come in as a the most junior member of the chamber when he is sworn in on Jan. 23.

“There’s never been a Nebraskan who has had to run for statewide election in two consecutive terms … it’s an extraordinarily rigorous challenge,” Pillen said. “I don’t believe in placeholders.”

Sasse resigned this month to become president of the University of Florida, creating the vacancy. He had distinguished himself for his criticisms of former President Donald Trump, whom Sasse eventually voted to convict in his impeachment trial, but the departed senator also focused much of his energy on the Judiciary and Intelligence committees.

Ricketts said he “can’t think of specific issues” he and Sasse disagree on, adding that he expects to be a reliably conservative vote and continue focusing on appointing right-leaning judges.

Both Pillen and Ricketts brushed off questions about backroom deals when it came to filling the seat. Ricketts was a top backer of Pillen’s campaign, raising some questions in the state about filling the vacancy. Sasse did not resign until after Pillen was sworn in, allowing Ricketts to fill the seat without having to self-appoint himself.

Pillen said backroom deals are “not my DNA.”

“I have no concerns about the process,” said Sen. Deb Fischer (R-Neb.), the senior senator from the state.

Senate Minority Leader Mitch McConnell indicated last year he wanted Ricketts to fill the vacancy left by Sasse. He said on Thursday that Fischer and Ricketts "will instantly form an extremely effective one-two punch for Nebraska in the Senate" and praised Ricketts for his governing record and winning governor races "by gigantic margin."

Pillen said he interviewed nine candidates for the job and that none were Democrats. Nebraska is now a reliably red state, and Democrats have not won a Senate race there since 2006.

Yet Pillen suggested he didn’t want to take any chances by appointing a senator who could blow the seat in a primary or general election. He said Ricketts’ political experience “was a big separator” in the interview process; it also doesn’t hurt that Ricketts is personally wealthy, with the ability to self-fund should he face a primary challenge.

Ricketts said he would pass on any other opportunities that come along over the next 10 years as he shifts his focus to federal office.

“One of things we as Republicans need to win elections is to have a broad tent,” Ricketts said. “I’m committed to running in ‘24 and ‘26 to serve the people of Nebraska.”

National Republican Senatorial Committee Chair Steve Daines of Montana said he looks "forward to working with Pete to stop Joe Biden’s harmful agenda and keep Nebraska red in 2024."

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Morning Digest: Elections chief who advanced the Big Lie launches bid for West Virginia governor

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, Stephen Wolf, Daniel Donner, and Cara Zelaya, with additional contributions from David Jarman, Steve Singiser, James Lambert, David Beard, and Arjun Jaikumar.

Subscribe to The Downballot, our weekly podcast

Leading Off

WV-Gov, WV-Sen: Secretary of State Mac Warner, who runs West Virginia's elections even as he's helped spread election conspiracy theories, announced Tuesday that he was joining the 2024 primary to succeed his fellow Republican, termed-out Gov. Jim Justice.

Warner kicked off his campaign with a speech emphasizing service in the Army's Judge Advocate General's Corps and declaring, "It is time to call-out the radical, woke, dangerous and ridiculous policies of the 'progressive' Administration in Washington, D.C." West Virginia Metro News' Brad McElhinny notes that in that address, the secretary of state "did not mention issues specific to West Virginia."

Warner, who won his job in 2016 by narrowly unseating Democratic incumbent Natalie Tennant, was respected by fellow election officials heading into the 2020 contest for his efforts to combat misinformation, but that very much changed after Election Day. That's because Warner, who had just decisively defeated Tennant in their rematch, spent the next weeks backing up lies about Donald Trump's defeat.

Warner appeared at a December "March for Trump" rally in the state, where he appeared to be holding up a "Stop the Steal" sign. He later said he didn't actually think he'd hoisted that particular banner, but there's no question the secretary of state told Trump's fans at that gathering that it was "so important to keep him in office."

Warner also supported Texas Attorney General Ken Paxton's failed lawsuit to invalidate Joe Biden's win in four swing states. While he insisted he was concerned whether changes states made in how late mail-in ballots could be received were constitutional, Warner also spread lies alleging, "When cardboard is put over windows, when two cases of ballots come out, when ballots are pre-marked or don't have folds on it—there's all those things. Those are red flags that need to be looked at and not just discounted, and that's what the mainstream media wants us to do."

Warner the following year was the one person at the National Association of Secretaries of State meeting to vote against a bipartisan proposal by his colleagues to set a standard for election audits, and he soon withdrew from the group in protest. (Missouri's Jay Ashcroft, who is also likely to run in 2024 for governor of his own state, abstained.)

In a recent interview with the New York Times, Warner acknowledged Biden "was elected," but he still questioned if that contest was fairly run. He also argued that congressional Democrats' efforts to expand voting rights and the U.S. Supreme Court's refusal to hear Paxton's suit are "what spurred on the Jan. 6 people."

Warner joins a GOP primary that includes Del. Moore Capito and auto dealer Chris Miller, both of who come from prominent Mountain State political families. Capito is the son of Sen. Shelly Moore Capito and grandson of the late Gov. Arch Moore, while Miller's mother is Rep. Carol Miller. Warner also has some notable relatives: His wife, Debbie Warner, was recently elected to the state House, while his brother Monty Warner badly lost the 2004 gubernatorial race to Democrat Joe Manchin. Another brother currently leads the West Virginia Economic Development Authority.

The contest to replace Justice could expand further, as Auditor JB McCuskey has talked about getting in. Attorney General Patrick Morrisey, who lost the 2018 Senate race to Manchin, also put out a video Tuesday reiterating he was "still evaluating my options as to whether I'm going to run for U.S. Senate or for governor … We're coming soon." While Morrisey didn't indicate which office he was leaning towards, McElhinny noted that the attorney general's message urging voters not to "settle for second best" went up as Warner was still delivering his announcement speech.

The Downballot

 Hell yeah! Election season is already here, and it's off to an amazing start with Democrats' huge flip of a critical seat in the Virginia state Senate, which kicks off this week's episode of The Downballot. Co-hosts David Nir and David Beard dissect what Aaron Rouse's victory means for November (abortion is still issue #1!) when every seat in the legislature will be on the ballot. They also discuss big goings-on in two U.S. Senate races: California, where Rep. Katie Porter just became the first Democrat to kick off a bid despite Sen. Dianne Feinstein's lack of a decision about her own future, and Michigan, which just saw veteran Democratic Sen. Debbie Stabenow announce her retirement.

The Davids also delve back into a topic that frequently came up last year: redistricting. Didn't every state just draw new maps? you might ask. Yes! But many have to do so again, thanks to court rulings. Unfortunately, this gives Republicans in North Carolina and Ohio the opportunity to gerrymander once more, though there's an outside chance some Southern states could be required to draw new congressional districts where Black voters can elect their candidates of choice.

New episodes of The Downballot come out every Thursday morning. You can subscribe on Apple Podcasts to make sure you never miss a show. You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

AZ-Sen: The Democratic firm Blueprint Polling has released numbers showing conspiracy theorist Kari Lake, who was the 2022 Republican nominee for governor, leading Democratic Rep. Ruben Gallego 36-32 as independent Sen. Kyrsten Sinema grabs 14%. None of these people have said they'll be running for the Senate in 2024, though Gallego has been hiring staff for a likely campaign. The firm says this poll was done "with no input or funding from any candidate, committee, or interest group."

CA-Sen: Multiple media outlets reported Wednesday that longtime Rep. Barbara Lee told the Congressional Black Caucus she planned to run for the Senate seat held by her fellow Democrat, incumbent Dianne Feinstein, but Lee herself did not commit to anything when reporters asked about her 2024 plans. "What I said was that I'm very sensitive and honoring Senator Feinstein," said Lee, who represents a heavily Democratic bastion that's home to Oakland and Berkeley. (Joe Biden performed better in Lee's new 12th District than he did in any of California's other 51 House seats.)

Lee, who has long been a national progressive favorite, told Politico in a separate interview she'd say what she's doing "when it's appropriate," adding, "I'm not really doing anything except letting colleagues know that there'll be a time to talk about the Senate race." The congresswoman also did not reveal if she was willing to challenge Feinstein if the 89-year-old incumbent surprised the political world and ran again. Rep. Katie Porter, a fellow Democrat who represents an Orange County seat, launched a bid on Tuesday and currently has the field to herself.

MD-Sen: Democratic Sen. Ben Cardin tells Politico he'll decide "probably in February or March" if he'll seek a fourth term.

MI-Sen: Wealthy businessman Perry Johnson, a Republican who failed to make the Republican primary ballot for governor last year, confirms he's interested in running for this open seat but has no timeline for deciding. Johnson spent $7 million of his own money last cycle before election authorities disqualified him after he and several other GOP contenders fell victim to a fraudulent signature scandal, and he unsuccessfully sued to try to get his name included. The ever-modest Johnson then began talking about a 2024 run for president after he decided to pass on a write-in effort.

Former Rep. Fred Upton, who was not on the 2022 ballot for anything by choice, meanwhile didn't quite dismiss a Senate campaign but sounds unlikely to go for it. The Republican noted he was 69 in his interview with MSNBC's Andrew Mitchell (the relevant portion begins at the 4:45 point) and said he was "probably not a candidate." Mitchell responded by noting he hadn't ruled it out, to which Upton replied, "I'm glad to be out of the Congress this last week, haven't thought about my future quite yet ... I guess you could say I've not ruled it out, but I'm really probably most inclined not to do so."

For the Democrats, Rep. Elissa Slotkin on Tuesday publicly confirmed for the first time she was "seriously considering" running to succeed retiring Sen. Debbie Stabenow, though she also didn't have a timeline to decide. Attorney General Dana Nessel, however, played down the possibility she'd run, declaring she believes she could "do the most good" in her current post. "That's where I intend to stay," said Nessel.

NE-Sen-B: Gov. Jim Pillen says he'll announce Thursday morning whom he'll appoint to succeed Ben Sasse, a fellow Republican who has resigned from the Senate to become president of the University of Florida.

Governors

KY-Gov: Former Ambassador to the United Nations Kelly Craft, who currently has the airwaves to herself ahead of the May Republican primary, is running a new ad focused on combating fentanyl.

LA-Gov: East Baton Rouge District Attorney Hillar Moore, a Democrat who is considering entering this year's race for governor, tells LaPolitics' Jeremy Alford, "I expect to have a decision in the next few weeks or sooner." Alford also writes that state Democratic chair Katie Bernhardt "sounds as serious as serious can get and will have something to say in a week or so." Bernhardt last week did not rule out a bid last week after her name was included in an unreleased poll.

House

CA-47: Former Rep. Harley Rouda, a Democrat who represented about two-thirds of this constituency from 2019 to 2021, announced Wednesday that he would run for the seat that Democratic incumbent Katie Porter is giving up to campaign for the Senate.

The only other declared candidate so far is former Orange County Republican Party chair Scott Baugh, who narrowly lost to Porter last cycle. This constituency, which includes coastal Orange County and Irvine, supported Biden 54-43, but this historically red area contains plenty of voters who are open to backing Republicans who aren’t named Donald Trump.

Rouda and Baugh previously faced off in the 2018 top-two primary to take on longtime Republican Rep. Dana Rohrabacher in the old 48th District in what turned out to be an expensive and consequential contest. Rouda and another first-time Democratic candidate, Hans Keirstead, spent months competing against the Putin-loving congressman, and it looked likely that one of them would advance to the general election. But everything changed just before the filing deadline when Baugh, who had previously served in the state Assembly in the 1990s, unexpectedly jumped in and threatened to lock Democrats out of the general election.

Baugh, though, was hardly running as a favor to Rohrabacher. The two Republicans used to be friends, and when Baugh began raising money in 2016 for a campaign, Rohrabacher initially took it in stride and said he was "just laying the foundation for a race for Congress when I am no longer a member ... but I don't know when that's going to be." Their relationship publicly collapsed, however, after Baugh refused to actually say he wouldn’t use that cash against the congressman.

Baugh didn’t run for anything in 2016, but he used the money he’d amassed that year for his last-second bid against Rohrabacher two years later. Democratic outside groups scrambled to make sure this nasty intra-party fight didn’t end up hurting their own chances to flip the seat, and the DCCC and House Majority PAC spent about $1.8 million on an effort mostly aimed at attacking Baugh. The DCCC, which supported Rouda, also made an effort to promote a third Republican, little-known candidate John Gabbard, to further splinter the vote.

This expensive undertaking proved to be just enough to avoid a disaster for Democrats in a contest where Rohrabacher, who was in no danger of being eliminated, grabbed first with 30%. Rouda edged out Keirstead 17.3-17.2, while Baugh was right behind with 16%; Gabbard finished with 3%, which may have been enough to hold back Baugh. Rouda went on to score a 54-46 victory over Rohrabacher, who never seemed to take his general election seriously.

Baugh unexpectedly turned down a rematch with Rouda in 2020, and Orange County Supervisor Michelle Steel instead stepped up to take on the new congressman. Steel proved to be a much tougher foe than Rohrabacher, and she managed to secure enough voters who’d turned against Trump but still favored Republicans down the ballot: Biden took the 48th 50-48, but Steel unseated Rouda 51-49.

Rouda quickly began running against Steel again, but that was before redistricting scrambled California’s map at the end of 2021. Rouda and Porter initially both planned to run for the new 47th District, and while Rouda had represented considerably more of the redrawn constituency than his former colleague, Porter went into 2022 with a massive financial edge and a national progressive base that allowed her to bring in far more. Rouda soon announced he wouldn’t run for anything that cycle, and Porter went on to beat Baugh 52-48 after a very expensive battle.

NY-03: Prominent Nassau County Republican officials held a press conference Wednesday calling for GOP Rep. George Santos to resign only for the scandal-drenched freshman to immediately say, "I will not." The state Conservative Party, which usually backs Republicans in general elections, also told Santos to get lost; Nick Langworthy, the 23rd District congressman who still leads the state GOP, later said he supported the Nassau County party's anti-Santos declaration.

Still, while there was no reason to think Santos would heed the calls for his departure, his former allies used their gathering to make it clear just what they thought of him. Nassau County GOP chair Joseph Cairo, whose community forms three quarters of the 3rd District (the balance is in Queens) even said that the freshman congressman had personally lied to him about being "a star on the" volleyball team at Baruch College, an institution Santos never attended.

Rep. Anthony D'Esposito, who was elected to the neighboring 4th District last year on the same night as Santos, said he "will not associate with him in Congress and I will encourage other representatives in the House of Representatives to join me in rejecting him." The county GOP even added that it would direct any constituent calls from Santos' district to D'Esposito, while county Executive Bruce Blakeman called the 3rd District congressman "a stain on the House of Representatives."

Speaker Kevin McCarthy, though, showed no interest in pressuring Santos to resign or trying to organize two-thirds of the House to expel him. (The last time this happened was 2002, when Democratic Rep. James Traficant of Ohio was ejected by his colleagues three months after he was found guilty on corruption charges.) McCarthy instead said, "The voters elected him to serve," adding, "Is there a charge against him? In America today, you're innocent until proven guilty."

While McCarthy did declare that Santos, who backed him last week in each of the 15 speakership votes, would not be assigned to any of the top House committees, he made it clear that he'd get to sit on some panels. The speaker, when reminded how Santos had lied about his biography, responded, "Yeah, so did a lot of people here, in the Senate and others, but the one thing I think, it's the voters who made that decision. He has to answer to the voters and the voters can make another decision in two years."

Legislatures

MI State House: Democrats last November flipped the state House to win a 56-54 edge, but Gorchow News Service notes the chamber would become tied for a few months should two members from the Detroit suburbs win their respective mayoral elections this November. State Rep. Kevin Coleman said last month that he would run to lead Westland, while colleague Lori Stone recently filed paperwork for a potential bid for mayor of Warren.  

Democrats would be favored to keep both of their constituencies should any special elections take place. According to data from Dave's Redistricting App, President Joe Biden carried Coleman's 25th House District 59-40, while he racked up an even larger 64-35 margin in Stone's HD-13.

Mayors and County Leaders

Jacksonville, FL Mayor: The two leading Republicans are continuing to attack one another ahead of the March nonpartisan primary, with City Councilwoman LeAnna Gutierrez Cumber's PAC airing a commercial declaring that Jacksonville Chamber of Commerce CEO Daniel Davis was "ready to sell out" the city by supporting the privatization of the municipal utility JEA.

"As CEO of the Chamber of Commerce, Davis took over $300,000 from JEA to promote privatization," declares the narrator, who argues this would have raised energy bills. The ad then plays audio of Davis saying, "I think more privatization should take place in the city of Jacksonville." Davis' own PAC recently went up with a commercial labeling Cumber a "fake conservative."

Montgomery County, PA Board of Commissioners: Gov.-elect Josh Shapiro announced Wednesday that he was nominating Montgomery County Board of Commissioners Chair Valerie Arkoosh, a fellow Democrat who succeeded him in 2016 as head of the state's third-largest county, to become the new state human services secretary. Should Arkoosh, who ran an aborted 2022 campaign for the U.S. Senate, be confirmed by two-thirds of the state Senate, it would be up to the County Court judges to pick her replacement on the three-member body.

Arkoosh's planned departure comes ahead of this year's local elections in this suburban Philadelphia county. All three Commission seats are elected countywide, and voters in November can select up to two candidates. However, each party can only nominate two candidates this May, so the body will wind up with a 2-1 split no matter what.

Republicans spent generations as the dominant party in Montgomery County, and they continued to control the Commission into the 21st century even as local voters began favoring Democratic presidential candidates. In 2011, though, Shapiro led his party to its first-ever majority, and there's no reason to think they're in danger of losing it this fall in what's become a heavily blue area.  

Prosecutors and Sheriffs

Philadelphia, PA District Attorney: The Republican-led state Senate voted Wednesday to indefinitely postpone its impeachment trial against Philadelphia District Attorney Larry Krasner, a decision that came weeks after the state's Commonwealth Court ruled that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" in their articles of impeachment. That ruling did not order the upper chamber to halt the planned Jan. 18 trial, and the House GOP has not yet said if it will appeal the decision.

‘He’s trying to get a rise out of us’: Watch Elaine Chao respond to Trump’s racist taunts

It’s no surprise that when Donald Trump has no argument to make, he resorts to racism and xenophobia. Trump's most recent target has been former U.S. Transportation Secretary Elaine Chao. He has been relentlessly attacking Chao and her husband, Senate Minority Leader Mitch McConnell. While Chao initially stayed quiet in regards to the attacks, she responded back to Trump last week after Trump repeated a racist nickname he has used for her before, the Courier-Journal reported.

In an interview with CNN, Chao called the nickname a "racist taunt" and said he's "trying to get a rise out of us.”

"He says all sorts of outrageous things, and I don't make a point of answering any one of them," Chao said.

After Trump revived his racist nickname of her overnight, Former Trump Transportation Secretary Elaine Chao says, “He’s trying to get a rise out of us. He says all sorts of outrageous things, and I don't make a point of answering any of one of them.” pic.twitter.com/Nd6PqPyJGm

— Kaitlan Collins (@kaitlancollins) December 29, 2022

The response follows several incidents when Trump was racist towards Chao, including a Sept. 30 post on Truth Social in which he referred to Chao as "Coco Chow."

"Is McConnell approving all of these Trillions of Dollars worth of Democrat sponsored Bills, without even the slightest bit of negotiation, because he hates Donald J. Trump, and he knows I am strongly opposed to them, or is he doing it because he believes in the Fake and Highly Destructive Green New Deal, and is willing to take the Country down with him?" Trump said.

He continued: "In any event, either reason is unacceptable. He has a DEATH WISH. Must immediately seek help and advise from his China loving wife, Coco Chow!"

While it's not new that Trump is making racist attacks on individuals—he’s done that throughout his role in the public eye—the attacks follow Trump’s broken relationship with Chao’s husband.

According to the Courier-Journal, McConnell’s relationship with Trump broke at the end of Trump’s presidency when the Kentucky Republican said Trump is "practically and morally responsible for provoking" the Jan. 6 riots. While McConnell voted to acquit Trump of inciting the insurrection in a 2021 impeachment trial, his previous comments clearly rubbed Trump the wrong way.

But instead of just targeting him, Trump took to targeting his wife, who moved to the U.S. from Taiwan as a child.

Commenting on the language Trump used towards her, Chao said Thursday it's "helpful if the media does not repeat" the racist comment he has been making.

"I mean if it were the N-word or any other word, the media would not repeat it," she said. "But the media continuously repeats his racist taunt."

Trump continues to rant about McConnell and Chao. His latest attack includes claims that they both have a conflict of interest with China.

Trump's racist obsession with Elaine Chao is really something. Almost every day now he mentions her. https://t.co/umwqV6b3bt

— George Conway🌻 (@gtconway3d) January 11, 2023

Comments questioning their interest in China follow a pattern. In another social media post in August, Trump not only called Chao "crazy" but accused McConnell of trying to get “rich on China.” 

Seems like Trump will never learn the value words have. Despite studies showing that several of his comments, including referring to the novel coronavirus as the “China virus,” have encouraged attacks on Asian Americans, Trump continues to perpetuate his hateful rhetoric.

RELATED STORY: 'Hate has no place': This AAPI Heritage Month, let's work on ending anti-Asian hate and bias

House Republican files impeachment resolution against Mayorkas, and it’s as silly as you think

Part of Kevin McCarthy’s corrupt bargaining in his 15-round bid for the House speakership included supporting ultra-right demands for impeachment proceedings against Department of Homeland Security (DHS) Secretary Alejandro Mayorkas. While McCarthy allegedly held no public stance on proceedings earlier in the year, he was leading the threat himself right after the election because he didn’t have the votes to win the gavel.

Part of his corrupt bargaining showed its face this week when a Texas lawmaker on the first day of the new Congress filed articles of impeachment against the secretary. The silly political document claims Mayorkas should be removed “for high crimes and misdemeanors,” and cites in part fentanyl seizures at the southern border as justification. Wait, they want him out for stopping the drugs from coming in? Republicans have been very weirdly mad about successful seizures. Now they want to impeach the guy over it.

RELATED STORY: Jordan is pushing for Mayorkas impeachment based on ridiculous lie that 'we no longer have a border'

But there’s more, folks. Pat Fallon, a forced birth and anti-LGBTQ Republican from Texas’ 4th Congressional District, also cites the Biden administration’s decision to terminate the previous administration’s Remain in Mexico policy. Despite the right-wing Supreme Court of the United States ruling that the administration acted perfectly lawfully in terminating the anti-asylum policy, Fallon thinks Mayorkas should be impeached for it.

Fallon further cites the Biden administration’s attempt to terminate the previous administration’s Title 42 order, calling it “a critical tool enabling the U.S. Customs and Border Protection to quickly expel illegal aliens.” But remember the public health order’s now-delayed Dec. 21 lift date followed a court ruling that found the scientifically debunked policy violated federal law. So is the GOP stance to now violate court orders?

When asked about impeachment articles, Mayorkas was reportedly “not fazed,” one report said. Even if it is successful, it’ll go nowhere in the U.S. Senate.

“I've got a lot of work to do, and we’re going to do it,” Mayorkas told ABC News. The official said the administration is “dealing within a broken immigration system that Congress has failed to repair for decades.” Fact check: True. Not only did Republicans like Texas Sen. John Cornyn help derail a bipartisan immigration framework at the end of the last Congress, McCarthy has promised no humane immigration legislation will get his signature.

“Number two, the world is dealing with the greatest displacement of people since World War II in the Western Hemisphere,” Mayorkas continued to ABC News. “Our entire hemisphere is gripped with a migration challenge.” New parole opportunities for migrants from regions including Venezuela and Haiti are a step forward in beginning to address these challenges; policies like Title 42 are not, considering it’s only increased apprehensions and forced vulnerable people back to danger.

If you want to see the depths of the GOP’s lack of seriousness, take a look at another Texas Republican: Rep. Chip Roy claimed the administration isn’t doing enough to secure the border, so he’s got a plan of his own: Defund DHS. During a floor speech, Roy urged his colleagues “to stop funding a Department of Homeland Security that refuses to secure the border of the United States.” He promised that the newly empowered Republicans would do that “this year.” You mean defund abusive immigration enforcement agencies? Defund child kidnappers, shooters of unarmed migrants, and the agents who abuse Black migrants before deporting themLet’s fucking go. 

Back to the impeachment resolution, one more thing to mention regarding fentanyl seizures is that Republicans have sought to turn this into a political issue against Democrats when its Republicans who voted against hundreds of millions of dollars in funding for the construction and modernization of land ports of entry.

“Improvements like ‘multi-energy portal’ screening technology would increase the ability for illicit narcotics seizures at the nation’s borders without significantly impacting the massive amount of legal trade that runs through those same POEs,” immigration reform advocacy group America’s Voice said last year. But Republicans voted against that.

NBC News reported that the articles against Mayorkas “have been referred to the Judiciary Committee, chaired by Jim Jordan, R-Ohio.” Jordan, a former wrestling coach who allegedly looked the other way when young students were being sexually abused at Ohio State University, has previously supported an impeachment effort, falsely claiming “we no longer have a border.” Do Republicans believe their own bullshit? It doesn’t really matter as long as they can get others to believe it.

RELATED STORIES:

Testimony confirms Title 42 was never about public health, it was about deporting asylum-seekers

LGBTQ advocates remind us that Stephen Miller was scheming policy 'long before' COVID 'even existed'

Texas Republican wants to secure the border by defunding department tasked with border security