Morning Digest: Father of anti-trans ‘bathroom bill’ joins race for North Carolina attorney general

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

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Leading Off

NC-AG, NC-08: Far-right Rep. Dan Bishop, an election denier who rose to prominence after spearheading North Carolina's transphobic "bathroom bill" in 2016 while in the state Senate, announced Thursday that he'd run for state attorney general next year. The congressman quickly earned an endorsement from the well-funded Club for Growth for his bid to become the first Republican to hold this office since 1975, though he currently faces former state Rep. Tom Murry in the primary.

Bishop, however, may not be the only sitting congressman who ends up running to succeed incumbent Josh Stein, the Democratic frontrunner in next year's race for governor. The very same day, Democratic Rep. Jeff Jackson declined to rule out a bid of his own. Jackson told the News & Observer's Danielle Battaglia that he'd only start thinking about a campaign after the state's Republican-run legislature passes a new congressional map sometime this fall, which could leave the freshman without a seat he can win.

Jackson, however, was quick to make clear how he'd go after Bishop. "I did hear his announcement," he said, "and as a prosecutor, I don't think that anyone who supported overturning an election should be talking about law and order." The Democratic field currently consists of Marine veteran Tim Dunn and Navy Reserve veteran Charles Ingram, but both reported having minimal cash stockpiles at the end of June.

Bishop did indeed vote to overturn Joe Biden's win in the hours following the Jan. 6 assault on the Capitol, a move the congressman justified by echoing Donald Trump's lies about mail-in votes. "In the 2020 election, the national Democratic Party carried out a highly coordinated, massively financed, nationwide campaign to displace state regulation of absentee ballots by means of a flood of election-year litigation," Bishop wrote just before the riot, and he's continued to spread the Big Lie since then. The congressman fired off an evidence-free tweet last year claiming that Jack Dorsey "and Twitter put their thumb on the scale in the last election to help Biden." (Unsurprisingly, Bishop has a far more favorable view of that site's new owner.)

Before Bishop devoted himself to enabling conservative extremists in Washington, D.C., he was a state lawmaker who indirectly helped cost the GOP the governorship in 2016. That year, Republican Gov. Pat McCrory signed the Bishop-crafted House Bill 2, which required anyone using bathrooms at schools or public facilities to use the restroom associated with the sex on their birth certificate, regardless of their gender identity. That legislation sparked a national backlash that led several major corporations to cancel planned expansions in the state, and voters responded by narrowly booting McCrory in favor of then-Attorney General Roy Cooper.

Bishop's career, though, survived and thrived even after Cooper signed a law rolling back HB 2. The state senator unexpectedly got the chance to run for Congress in what was then numbered the 9th District in 2019 after the results of the previous year's election were voided because of election fraud carried out to assist Republican nominee Mark Harris. Bishop decisively won the primary and went on to narrowly defeat 2018 Democratic nominee Dan McCready 51-49 after an expensive campaign for a gerrymandered constituency that Trump had taken 54-43 in 2016.

But despite that underwhelming victory, as well as a new court-supervised map that made the 9th District a shade bluer, Bishop turned in an easy 2020 win in a contest that national Democrats didn't target. His constituency was soon renumbered the 8th District following the 2020 census and became safely red turf that Bishop had no trouble holding last year. The congressman then used the first days of the new Congress to cast 11 straight votes against making Kevin McCarthy speaker, but he eventually flipped; McCarthy rewarded Bishop afterward with a spot on the GOP's Orwellian-named "Weaponization of the Federal Government" subcommittee.

Republican legislators were recently given the green light to once again gerrymander to their hearts' content after the newly conservative state Supreme Court overturned a ruling by the court's previously Democratic majority that had banned the practice. They'll likely draw up another safe seat to replace the one Bishop currently represents, and there's already chatter about who could run to replace him.

An unnamed source tells the National Journal's James Downs that Harris and Dan Barry, who took a distant fifth in the 2012 primary for the 9th District several maps ago, are "names to watch." Harris chose not to run in the 2019 special election that Bishop ultimately won, but while the consultant responsible for the fraud that wrecked his campaign went to prison, Wake County District Attorney Lorrin Freeman announced the following year that she wouldn't charge the candidate as part of her probe.

P.S. While Bishop would be the first Republican to serve as attorney general in 50 years, the last member of his party to actually win this office was Zeb Walser all the way back in 1896. Republicans last held the attorney general's office in 1974 when GOP Gov. James Holshouser appointed James Carson to fill a vacancy, though Carson lost the ensuing special election a few months later to Democrat Rufus Edmisten.

Senate

AZ-Sen: Noble Predictive Insights, which until recently was known as OH Predictive Insights, has released a poll that finds Democratic Rep. Ruben Gallego leading in six different general election scenarios:

  • Rep. Ruben Gallego (D): 33, Pinal County Sheriff Mark Lamb (R): 25, Kyrsten Sinema (I-inc): 24
  • Gallego (D): 40, Lamb (R): 36
  • Gallego (D): 32, Sinema (I-inc): 28, 2022 Senate nominee Blake Masters (R): 24
  • Gallego (D): 44, Masters (R): 36
  • Gallego (D): 34, Sinema (I-inc): 26, 2022 gubernatorial nominee Kari Lake (R): 25
  • Gallego (D): 45, Lake (R): 35

Gallego and Lamb are the only notable candidates who have announced they're running. NPI, which sometimes does work on behalf of GOP groups, is the very first poll we've seen from anyone since April.

ND-Sen: Republican Sen. Kevin Cramer told KUMV this week that he hasn't decided whether he'll seek reelection, though the incumbent sounds like he's leaning strongly towards another campaign. "A second term for me would mean greater clout, probably a chairmanship as well," Cramer said. "Seniority matters in the Senate. That's where my thinking is today without telling you exactly what I intend to do. I guess I would be surprised if I decided not to run for reelection." The senator does not appear to have indicated what factors would push him toward retirement.

WV-Sen: The Washington Post reports that Democratic Sen. Joe Manchin has asked Senate Majority Leader Chuck Schumer to direct money towards positive ads "to help prop up his poll numbers before he decides whether he'll run," but Manchin won't use his own $10.8 million war chest for this purpose because he "doesn't want to spark speculation that he's running for reelection by making an ad buy to boost his image." The Democratic group Duty and Honor did run commercials in the spring to counter a GOP offensive to damage the incumbent, but the paper says that Schumer doesn't want to make a big investment here before he knows if Manchin will actually run again.

Governors

MS-Gov: Republican incumbent Tate Reeves seems to agree with Democrats that the state's $77 million welfare funds scandal could hurt him even in this red state because he's already up with a response spot two days after Public Service Commissioner Brandon Presley launched his first commercial on the topic. The challenger may not mind too much, though, because Reeves' ad makers adopt the dubious strategy of repeating some of the very attacks Presley is leveling against him.

"Have you seen this ad attacking our governor, Tate Reeves?" asks the narrator as footage fills the screen of Presley's earlier piece, complete with on-screen text reading, "REEVES … PLAGUED BY WELFARE FRAUD SCANDAL." Reeves' narrator isn't happy, saying, "Tate Reeves had nothing to do with the scandal … it all happened before he was governor." It's rarely a good move to put your candidate's name in the same sentence as "scandal," but Presley's team is also disputing the idea that Reeves isn't to blame for something that occurred while he occupied the powerful lieutenant governor's office.

"[T]he reality is Tate Reeves used to brag about his watchdog responsibilities and overseeing the state budget," the campaign said in a statement, which included a quote from a 2019 ad where Reeves proclaimed he was "managing the government's money like it's your money―because it is."

WA-Gov: Richland School Board member Semi Bird on Thursday pledged to continue his campaign for governor two days after the Republican appears to have lost a recall election along with two colleagues. The trio voted in February of 2022 to defy the state's COVID protocols and make it optional to wear masks in local public schools; school was canceled for two days as a result, and the group ultimately backed down.

Bird hasn't gained much traction ahead of a top-two primary contest where former Rep. Dave Reichert appears to be the GOP frontrunner, but he's hoping his likely ouster will change that. (The state is still counting ballots, but the pro-recall "yes" side was ahead 56-44 in Bird's race as of Thursday; the results were similar in the other two contests.) "The teachers unions and leftest activists may have won the recall battle, pouring 10's of thousands of dollars into the effort," Bird wrote Thursday in a fundraising email, "but when the people of Washington send me to Olympia, we will win the war."

House

DE-AL: EMILY's List on Thursday endorsed state Sen. Sarah McBride in the Democratic primary for this statewide seat, declaring that it "was proud to support McBride when she made history in 2020 as the first openly transgender state senator in the country — and we are thrilled to once again help her make history and become the first openly transgender member of Congress."

NC-??: State House Speaker Tim Moore announced last month that he will not seek another term leading the chamber after the 2024 elections, and he and his team are continuing to evade questions about whether he'd run for the U.S. House after his party passes a new gerrymander. Political advisor Paul Shumaker told the News & Observer, "We don't know what the maps are going to look like. We have all this speculation." Shumaker added that his client could also go into the private sector.

PA-01: Anti-abortion activist Mark Houck announced Wednesday that he'd run to deny renomination to Republican Rep. Brian Fitzpatrick in this competitive suburban Philadelphia seat, a declaration that comes months after he was found not guilty of allegedly violating a federal law designed to protect abortion clinics. Houck became a conservative celebrity in the leadup to that January trial, where he was accused of intimidation by twice shoving a 72-year-old Planned Parenthood volunteer in 2021; Houck never denied he'd done this, though he successfully claimed that he'd only become violent after his son was insulted.

Houck launched his campaign by telling the far-right website The Church Militant, "We're running to protect the rights of families and defend traditional family values in our district. Unfortunately, Brian doesn't represent that." Fitzpatrick, who has made a name for himself as a pragmatist, has always run well ahead of the top of the ticket during his four campaigns, and Democrats would be delighted if Houck gave him a hard time in this 52-47 Biden seat. The well-funded congressman turned back a little-known primary foe 66-34 last cycle before pulling off a 55-45 victory against Ashley Ehasz, a Democrat who is running again.

TX-28: Conservative Rep. Henry Cuellar on Thursday unveiled endorsements from House Minority Leader Hakeem Jeffries and the rest of the chamber's Democratic leadership, as well as Speaker Emerita Nancy Pelosi, in what's likely a move to deter another primary challenge from the left. Cuellar narrowly fended off immigration attorney Jessica Cisneros in 2020 and 2022, and her former spokesperson told the Texas Tribune back in March that she hadn't ruled out a third try. The Lone Star State's downballot filing deadline is Dec. 11, which is one of the earliest in the nation.

Attorneys General

TX-AG: Thursday finally brought some action concerning Republican Attorney General Ken Paxton's long-stalled trial for securities fraud, with a state judge agreeing to a request from both prosecutors and the defense to delay scheduling anything until Paxton's separate impeachment trial concludes sometime next month. Both sides agreed that Paxton would be more likely to try to reach a deal concerning the eight-year-old security fraud indictment if two-thirds of the state Senate votes to remove him from office, with one of his attorneys explaining that this outcome would be "a kill shot to his political career, so it opens the door to a resolution that’s not open right now."

Ballot Measures

OH Ballot: A GOP consultant tells cleveland.com that groups looking to beat Issue 1, which would make it much harder to amend the state constitution, have added $2.5 million to their media buys for the final days of the Aug. 8 special election. The story says the conservative pro "yes" side enjoys a small $5.9 million to $5.3 million edge in ad spending for the last week of the race: The GOP firm Medium Buying also tweets that the "no" side has outspent its rivals $12.2 million to $9.7 million on TV and radio for the entire campaign.

Meanwhile, organizers seeking to place a statutory initiative on the November ballot to legalize recreational marijuana say they've submitted 6,500 additional signatures to the secretary of state, and they only need about 10% of them to be valid in order to qualify: The campaign fell just 679 petitions shy of the 124,000 minimum last month, but state law granted them 10 extra days to make up the shortfall.

Because this proposal would not amend the constitution, it would only need to win a majority no matter how the Issue 1 fight ends next week. Issue 1 would also not eliminate the 10-day grace period for statutory initiatives like this, though it would end this rule for future constitutional amendments. Polling from Civiqs shows that two-thirds of Ohio voters believe "the use of cannabis should be legal."

Abbreviated Pundit Roundup: Aftermath of indictment

Will Bunch/Philadelphia Inquirer:

It’s justice that Trump, who wanted to toss Black votes, gets charged under a KKK Act

Donald Trump's rise and his Jan. 6 insurrection are deeply rooted in racism. How fitting he's charged under a law to stop the KKK.

They wanted to overturn the results of a free and fair election.

In the days immediately after the vote, there was a wave of violence. Some people were dragged from their homes by members of a white-hooded mob and killed for supporting the wrong party — but that was only the beginning. A Republican governor wrote to the White House to warn that insurrectionists were plotting to storm the seat of government and prevent certification of the winner.

Gov. Robert K. Scott told the president that loyalists to the party that got fewer voters “will not submit to any election which does not place them in power.” He further warned: “I am convinced that an outbreak will occur here [on] the day appointed by law for the counting of ballots.”

The year was 1870, and the state was South Carolina.

This arraignment felt like a mob boss trial. 

"Don't commit any crimes. Don't mess with the jury. You may go"

On the other hand, watching him being treated like any other mob boss in court (down to addressing him as Mr Trump, not President Trump) was oddly reassuring.

Rule of Law and all that.

Yes. When I play Russian Roulette, I prefer to have all the chambers loaded instead of just one. https://t.co/UEXaxZFGJw

— Xeorge Xonway (@gtconway3d) August 3, 2023

Glenn Kirschner/MSNBC:

Why this Trump indictment is the most important

The alternative could have been a true national disaster.

This indictment is as important as it is historic. The principles of prosecution set out that the government charges those who break our society’s laws for several reasons: to vindicate the rights of the victim; to protect others in the community who would otherwise be subjected to the continued crimes of the offender; and to hold accountable those who choose to violate the laws that represent the considered values of the citizenry, as embodied in the criminal statutes enacted by the peoples’ duly elected representatives. Another important principle, though one generally associated more directly with sentencing a criminal defendant, is deterring others from committing the same or similar crimes. This last factor — what the law calls “general deterrence” — is perhaps the most important vis-à-vis Trump’s crimes regarding Jan. 6 and the 2020 election.

Yes. That is the law. https://t.co/qLsN6lP9ih

— Bradley P. Moss (@BradMossEsq) August 3, 2023

Mediaite:

Pence SHREDS Trump’s ‘Crackpot Lawyers’ in Fiery Statement on the Campaign Trail: ‘I Had No Right to Overturn the Election’

On the alleged co-conspirators:

You know, I’m a student of American history, and the first time I heard in early December, somebody suggests that as vice president, I might be able to decide which votes to reject and which to accept. I knew that it was false. Our founders had just won a war against a king, and the last thing they would have done was vest unilateral authority in any one person to decide who would be the next president. I dismissed it out of hand, but sadly, the president was surrounded by a group of crackpot lawyers that kept telling him what itching ears wanted to hear.

#AZSen: New numbers from Noble Predictive Insights Gallego 34 Sinema 26 Lake 25 Undecided 15 (July 13-17; 1,000 RVs; +/-3.1%) https://t.co/mQoFIqUWoY

— Matt Holt (@mattholt33) August 3, 2023

Politico Playbook:

THE TRUMP DEFENSE TAKES SHAPE — In social media posts and interviews, both Trump and one of his main lawyers, JOHN LAURO, have now outlined how they will respond to the new Smith indictment.

In an interview with NPR, Lauro, a white-collar criminal defense attorney with over four decades of experience, detailed five pillars of his defense:

1. SLOW IT DOWN

...

5. ATTACK D.C.

But the argument that Trump and his GOP allies are giving the most attention is that Washington is an inherently unfair venue for a trial.

The just-released transcript of the Devon Archer testimony just completely eviscerates what Comer and Jordan were saying on TV. Totally embarrassing.

— Philip Bump (@pbump) August 3, 2023

Cliff Schecter:

Matt Robison/Newsweek:

No, These Indictments Don't Strengthen Trump. That's Just Media Nonsense

The indictments aren't helping Trump and they aren't the reason he's increasing his lead. For that, you can thank the fact that Ron DeSantis is a historically terrible candidate. As the second place contender, he's widely viewed as the most likely Trump alternative, and as he has gotten more exposed in the national press, he's dropped half of his support. From March 10 through August 1, DeSantis went from 31.4 percent to 15.6 percent.

And where did those voters go? That ain't exactly rocket science either. Surveys show that Trump is the second choice of around 40 percent of DeSantis supporters. Lo and behold, as DeSantis has sunk, about 40 percent of the 15 point evaporation in his support has now shown up in Trump's column.

This violates Asimov’s Three Laws of Robotics https://t.co/LEMf6lC29q

— Greg Dworkin (@DemFromCT) August 3, 2023

Benjy Sarlin/Semafor:

Donald Trump is ignoring anti-abortion activists and winning anyway

What’s going on here? Most Republicans identify as “pro-life” and say abortion should be mostly or entirely illegal in polls. But a May survey by our partners at Gallup found that only 21% of Republican voters who consider themselves “pro-life” say they only vote for candidates who share their view on abortion. That’s notably far less than the 37% of “pro-choice” Democrats who say they only vote for like-minded candidates, and the biggest gap between the two sides that Gallup has ever recorded.

Trump himself has argued abortion is overrated as a vote driver even as he continues to take credit for the fall of Roe v. Wade. He blamed “the abortion issue” for contributing to 2022 election losses, saying activists supported policies that were too extreme and that their supposed backers “just plain disappeared” after Dobbs.

As a Watergate historian, it’s worth noting that nothing Nixon did—and he had plenty of crimes and conspiracies, involving more than 60 people criminally charged—approached the scale and severity of Trump’s assault on American democracy. https://t.co/34ivpckXp7

— Garrett M. Graff (@vermontgmg) August 2, 2023

John Burn-Murdoch/Financial Times:

Tragic fallout from the politicisation of science in the US

Many countries had partisan divides on Covid vaccination, but they were more lethal in the US than anywhere else
It would be easy to dismiss this trend as merely exasperating — an obstacle to progress on climate change and a source of irritation at extended family gatherings — but over the past 18 months, the politicisation of attitudes to science may have directly cost as many as 60,000 American lives.This is the stark implication of a new study from the Yale school of public health, which found that since Covid vaccines became widely available in the US, the mortality rate of registered Republicans in Ohio and Florida climbed by 33 per cent during America’s winter Covid wave last year, compared with just a 10 per cent rise among Democrats.

The state Senate's vote on Paxton’s impeachment will proceed independently from his criminal case. But the outcomes are interlinked. https://t.co/NLPwpumCan

— Texas Monthly (@TexasMonthly) August 3, 2023

Trump allies cry election interference after former president arrested over 2020 race

Former President Donald Trump’s allies are painting his Thursday arraignment as an attempt by President Biden to crush his political rival ahead of the 2024 election and distract from bribery allegations against his own family.

Trump pleaded "not guilty" to four federal counts stemming from alleged efforts to overturn his 2020 loss to Biden. It’s his second federal indictment and third criminal indictment in the span of less than five months. 

His Republican allies in Congress have continued to stick by him, however. GOP Conference Chair Elise Stefanik, the No. 3 leader in the House, echoed Trump’s repeated insistence that investigations into his conduct are "witch hunts."

"The unconstitutional and unprecedented arrest of President Donald J. Trump is truly a chilling chapter in Joe Biden’s weaponization of the Department of Justice against his leading political opponent who is beating Biden in many independent polls. President Trump had every right under the First Amendment to correctly raise concerns about election integrity in 2020," Stefanik, R-N.Y., said. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

"The American people are smart, and they know this is a politically charged witch hunt orchestrated by Joe Biden’s corrupt DOJ in a desperate attempt to distract the American people from the mounting evidence of Joe Biden’s direct involvement in his family’s illegal influence peddling scheme," she added,

Rep. Mary Miller, R-Ill., cited a 2014 statement from Biden expressing concern about Malaysia’s encroachment on its own rule of law.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

"Today, Joe Biden's DOJ did what Joe Biden used to condemn other countries for doing: arrest his political opposition to silence and intimidate them," Miller said. 

Another House Republican, Rep. Diane Harshbarger, R-Tenn., went a step further than condemnation and called for both a congressional investigation and Biden’s immediate impeachment. 

"Today’s politically-motivated arraignment of President Trump marks a dark day for our nation. Joe Biden’s persecution of President Trump is a blatant power grab and an attempt to silence the voices of millions of Americans," Harshbarger said. "I call on Congress to launch a full investigation into the politicization of our government agencies, and for an immediate impeachment inquiry against Joe Biden, who is directly responsible for this despicable witch hunt."

TRUMP'S 2024 GOP RIVALS WEIGH IN ON FORMER PRESIDENT'S JAN. 6 PROBE INDICTMENT

Both Rep. Marjorie Taylor Greene, R-Ga., and Sen. Marsha Blackburn, R-Tenn., also accused Biden of trying to tip the scales, despite the White House’s repeated insistence that the DOJ is independent.

"Trump is being targeted because the left knows he’s Biden’s greatest political threat," Blackburn said.

Greene said, "Biden’s DOJ is actively participating in election interference by trying to put his top political opponent, President Donald Trump, behind bars. It’s pure corruption."

Trump himself made similar comments after his arraignment and just before boarding his plane. "This is a very sad day for America," the former president said. "When you look at what's happening, this is a persecution of a political opponent."

Patriotic Republicans helped save the country 49 years ago. Will any step up in 2023?

On Aug. 7, 1974—49 years ago this week—three powerful Republican lawmakers met with then-President Richard Nixon and told him he wasn’t going to find a reprieve through them: He was going to be impeached. Within two days, Nixon resigned.

That intervention by Sen. Barry Goldwater, House Minority Leader John Rhodes, and Senate Minority Leader Hugh Scott earned an almost-mythological status that all three legislators downplayed in later years. They were loyal Republicans, they knew the jig was up for Nixon, and they knew that the right thing for the country—and their political party—was to end the “long national nightmare.”

No Republicans were actual heroes during the Watergate scandal: They were just patriotic civil servants. Sen. Howard Baker, the ranking Republican on the Senate Watergate committee, started out as something of an ally to Nixon. He even secretly met with Nixon at the outset of the hearings to let him know the committee’s strategy. He drew the line, however, at working with Nixon to subvert that strategy.

Baker asked the famous question, “What did the president know and when did he know it?” He thought he was going to get a very different answer, that it was Nixon’s underlings who engineered the plot without Nixon’s involvement. Oops. To Baker’s credit, however, when he got the answer he wasn’t expecting from White House counsel John Dean, he followed the path it opened and the nation was spared the worst constitutional crisis since the Civil War.

From that point on, Republicans have taken the wrong lesson from Watergate. In the past 49 years, they’ve focused on the landslide elections in 1974 and 1976, and on revenge against the Democrats, instead of recognizing that they saved the country.

Fast forward to 2023, and just one Republican has dared to stand up for the rule of law after Donald Trump’s third indictment. It’s not anyone in House leadership. It’s not Senate Minority Leader Mitch McConnell. It’s Alaska Sen. Lisa Murkowski.

Additional evidence presented since then, including by the January 6 Commission, has only reinforced that the former President played a key role in instigating the riots, resulting in physical violence and desecration of the U.S. Capitol on January 6, 2021.

— Sen. Lisa Murkowski (@lisamurkowski) August 2, 2023

Murkowski went on to say that Trump is “innocent until proven guilty and will have his day in court.”

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But, she added, “As that process begins, I encourage everyone to read the indictment, to understand the very serious allegations being made in this case.”

She’s the only one among four Republicans still serving in the Senate from the handful who voted to convict Trump in his Jan. 6 impeachment to make a significant statement. Utah’s Mitt Romney issued a bland statement, saying, “My views on the former president’s actions surrounding January 6th are well known. As with all criminal defendants, he is entitled to due process and the presumption of innocence.” Susan Collins of Maine and Bill Cassidy of Louisiana are the other two, and they haven’t said anything.

But the loudest silence is coming from McConnell, the supposed great institutionalist who should be leading his party now, as his predecessor Hugh Scott did 49 years ago. McConnell was the one who stood on the Senate floor that day, when he refused to vote to convict Trump in the impeachment, and made this proclamation.

“Former President Trump's actions preceding the riot were a disgraceful dereliction of duty,” McConnell said. He accused Trump of creating “an intensifying crescendo of conspiracy theories, orchestrated by an outgoing president who seemed determined to either overturn the voters' decision or else torch our institutions on the way out.” But still, he wouldn’t vote to convict on the flimsy excuse that Trump was already out of office. Never mind that his impeachment would prevent him from holding that office ever again.

"We have a criminal justice system in this country,” McConnell said. “We have civil litigation. And former presidents are not immune from being held accountable by either one.”

The criminal justice system has taken over. Now would be a good time for McConnell, the “great” institutionalist and the only Republican who can remotely claim a leadership position in the party, to break his silence.

Conservatives cried about how the “woke” (whatever that means) “Barbie” movie would fail. It didn’t. In fact, the film has struck a chord with American and international audiences. Daily Kos writer Laura Clawson joins Markos to talk about the film and the implications of the Republican Party’s fixation on mythical culture wars, which is failing them in bigger and bigger ways every day.

5 takeaways from Devon Archer’s interview with House Oversight

The House Oversight Committee on Thursday released the transcript of Devon Archer’s closed-door testimony, offering insight into the business dealings of his former business associate, Hunter Biden, and an eye into the GOP investigation of the Biden family.

Archer sat for a transcribed interview before the Oversight panel Monday, after which lawmakers on each side of the aisle offered conflicting interpretations of his testimony as observers awaited the release of the transcript.

The clashing narratives continued on Thursday, with the Republicans on the committee saying the testimony from Archer — who they view as a key witness in their probe — “confirmed several critical pieces of information in our investigation of the Bidens' influence peddling schemes,” while the top Democrat on the panel said the interview “failed to produce any evidence of wrongdoing by President Biden.”

According to the transcript, Archer testified that Hunter Biden put his father, then the vice president, on speakerphone during some meetings with associates, and the interview covered the Biden “brand” at length, but Archer said he was not aware of President Biden committing any wrongdoing.

Abbe Lowell, counsel for Hunter Biden, in a statement this week said House Republicans “keep swinging and keep striking out” on their pursuit of President Biden through his son.

The release of the testimony was, nonetheless, a notable development in the House GOP’s probe, which for months has sought to connect President Biden to his son’s business dealings — especially as Republicans eye an impeachment inquiry targeting the White House.

Here are five key takeaways from Archer’s interview.

Archer says he’s not aware of wrongdoing by President Biden

Devon Archer, Hunter Biden's former business partner, is pursued by reporters as he arrives on Capitol Hill to give closed-door testimony to the House Oversight Committee in the Republican-led investigations into President Joe Biden's son, in Washington, Monday, July 31, 2023.

Archer said he had “no knowledge” of whether Biden altered any U.S. foreign policy while he was vice president to benefit his son.

When flat-out asked if he is aware of any wrongdoing by the then-vice president, Archer said, “No, I’m not aware of any.” 


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He also said he had no direct knowledge of the older Biden having any involvement with Burisma, the Ukrainian energy company Archer and Hunter Biden sat on the board of.

Archer said it’s “fair” to say that Hunter Biden was falsely giving the Burisma executives the impression that he had influence over U.S. policy — not that he was actually influencing any policy. He added that Hunter Biden never told him he could get his father to change policy and that he was not aware of him ever asking his father to do so.

Archer says he is not aware of bribes to Bidens

Devon Archer

Devon Archer, a former Hunter Biden business associate, leaves the O'Neil House Office Building at the Capitol after being interviewed by the House Oversight Committee on Monday, July 31, 2023.

Archer couldn’t corroborate allegations that Burisma owner Mykola Zlochevsky made two $5 million payments to Hunter Biden and his father.

Republicans last month released an FBI form that contains an unverified tip that Biden, as vice president, was involved in a bribery scheme to benefit Burisma. The White House has denied any wrongdoing.

Rep. Dan Goldman (D-N.Y.) on Monday pressed Archer about a statement attributed to Zlochevsky, in which he allegedly said, “It costs five to pay one Biden and five to another.”

“Were you ever made aware of Mr. Zlochevsky paying $5 million to two different Bidens?” Goldman asked.

“No, I’m not. I would assume he’s probably talking about me and Hunter, but I don’t know. But I don’t know anything about those five,” Archer replied.

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Archer also said he would disagree with the conclusion that then-Vice President Biden was bribed by Zlochevsky.

The tip in the FBI form rests on a years-long allegation that Biden, as vice president, threatened to withhold $1 billion in funding to Ukraine unless then-Prosecutor General Viktor Shokin was ousted. Burisma had been the subject of a probe by the prosecutor’s office.

But President Biden wasn’t alone — numerous U.S. and international officials called for Shokin’s removal over his failure to prosecute corruption.  

Evidence has never been raised showing that Biden called for Shokin’s ouster to help his son, and Archer said he had no basis to believe that the then-vice president’s call for him to be removed was connected to Hunter Biden.

“I have no — I have no other — I have no proof or thought that that — that he fired him for that reason,” Archer testified.

Archer described frequent calls between the Bidens

President Joe Biden and his son, Hunter Biden, step off Air Force One, Saturday, Feb. 4, 2023, at Hancock Field Air National Guard Base in Syracuse, N.Y. The Bidens are in Syracuse to visit with family members following the passing of Michael Hunter, the brother of the president's first wife, Neilia Hunter Biden. (AP Photo/Patrick Semansky)

Archer recalled that Hunter would sometimes put his father, then-Vice President Biden, on speakerphone during meetings. 

Archer recalled “maybe 20 times” that Hunter Biden made it apparent to investors or other business contacts that he spoke to his dad and said he had occasionally placed his father on speakerphone.

Archer described the conversations he heard as “generally about the weather and, you know, what it's like in Norway or Paris or wherever he may be.” He recalled one phone conversation Hunter Biden put his father on the phone for, with Chinese businessman Jonathan Li.

“Beijing, how great Beijing is — or Chengdu, whichever city we were in. But, you know, same answers — nonspecifics relative to business and just, you know, an expression of hellos, I guess,” he testified.

Archer described numerous periods of time during which Biden and Hunter Biden would speak every day, which is in line with the close family dynamic the Bidens have, and said the frequency of interactions between them increased when Hunter Biden’s brother, Beau Biden, died in 2015.

But, Archer said he never witnessed them discussing the substance of Hunter Biden’s business during those calls. Rather, he said, they spoke about Beau’s illness and coping.

When he would overhear the vice president and Hunter Biden talking on the phone, the conversations were “not related to commercial business, politics, that kind,” Archer said.

Archer describes the Biden “brand”

President Joe Biden and first lady Jill Biden, followed by Defense Secretary Lloyd Austin and his wife Charlene Austin, walk out to the South Lawn of the White House in Washington, Tuesday, July 4, 2023, during a barbecue with active-duty military families to celebrate the Fourth of July. (AP Photo/Susan Walsh)

Archer said the Biden family’s “brand” provided value to Burisma.

At one point in his testimony, he said he did not consider the “brand” to be “Joe directly,” but noted that the then-vice president “brought the most value to the brand.”

Archer later said he thought “Burisma would have gone out of business if it didn't have the brand attached to it.”

“But that’s different than Joe Biden’s action,” Goldman pressed him.

“Right,” Archer responded.

He said that he thinks having Hunter Biden on the board is why Burisma “was able to survive for as long as it did … just because of the brand.”

Asked by Goldman how that had an impact, Archer responded, “The capabilities to navigate D.C. that they were able to, you know, basically be in the news cycle.”

“And I think that preserved them from a, you know, from a longevity standpoint. That's like my honest — that's like really what I — that's like how I think holistically,” he added.

Archer talks about two Cafe Milano dinners

President Biden and Vice President Harris arrive for an event to establish the Emmett Till and Mamie Till-Mobley National Monument, in the Indian Treaty Room in the Eisenhower Executive Office Building on the White House campus, Tuesday, July 25, 2023, in Washington.

President Biden and Vice President Harris arrive for an event to establish the Emmett Till and Mamie Till-Mobley National Monument, in the Indian Treaty Room in the Eisenhower Executive Office Building on the White House campus, Tuesday, July 25, 2023, in Washington.

Archer spoke to the committee about two dinners that then-vice president Joe Biden attended at Cafe Milano in Washington: one in 2014 and one in 2015 — both during the Obama administration. 

After the 2014 dinner, he recalled a wire transfer of $142,300 from Kenes Rakishev, a Kazakh businessman, to the Rosemont Seneca Bohai account for “an expensive car” for Hunter Biden. Rosemont Seneca Bohai LLC was the private equity firm controlled by Archer at the time.

The 2015 dinner centered on the World Food Program, and then-vice president Biden made an appearance at it. Archer described it as “just a regular dinner where there was a table of conversation,” and he denied that Hunter Biden or business associates talked about business at the dinner.

Trump to plead ‘not guilty’ to charges stemming from special counsel’s Jan. 6 probe

WASHINGTON D.C.--Former President Donald Trump on Thursday will plead ‘not guilty’ in federal court to all four federal charges stemming from Special Counsel Jack Smith's investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021, sources familiar said. 

Trump, the 2024 GOP front-runner, is charged with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

Trump traveled from his resort in Bedminster, N.J., Thursday to Washington D.C. His first court appearance took place at the U.S. District Court for the District of Columbia. 

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

US Magistrate Judge Moxila Upadhaya is presiding over Thursday's proceedings. Judge Tanya Chutkan will preside over the trial. Chutkan, a former assistant public defender before her appointment to the bench by President Barack Obama, has handled several cases involving individuals who entered the Capitol on January 6.

Trump posted to his Truth Social late Wednesday saying that the case "will hopefully be moved to an impartial Venue, such as the politically unbiased nearby State of West Virginia!" 

"IMPOSSIBLE to get a fair trial in Washington, D.C., which is over 95% anti-Trump, & for which I have called for a Federal TAKEOVER in order to bring our Capital back to Greatness," Trump posted. "It is now a high crime embarrassment to our Nation and, indeed, the World. This Indictment is all about Election Interference!!!" 

The indictment comes out of Smith's investigation into whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice. 

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty in federal court in the Southern District of Florida to 37 counts related to his alleged improper retention of classified records from his presidency.

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

The former president posted again to his Truth Social Thursday morning, accusing the Biden administration of bringing criminal charges against him to drain funds from his 2024 presidential campaign. 

"Look, it’s not my fault that my political opponent in the Democrat Party, Crooked Joe Biden, has told his Attorney General to charge the leading (by far!) Republican Nominee & former President of the United States, me, with as many crimes as can be concocted so that he is forced to spend large amounts of time & money to defend himself," Trump said. "The Dems don’t want to run against me or they would not be doing this unprecedented weaponization of "Justice." BUT SOON, IN 2024, IT WILL BE OUR TURN. MAGA!"

Campaign finance documents show Trump, the Republican presidential front-runner, burned through at least $42.8 million this year, much of it used to cover costs related to his mounting legal peril. The former president has $31.8 million cash on hand.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

This is a developing story. Please check back for updates. 

GOP releases Devon Archer transcript after lawmakers give conflicting accounts

House Oversight Committee Chairman James Comer (R-Ky.) on Thursday released the transcript of a closed-door interview the panel conducted with Devon Archer, the former business associate of Hunter Biden whom Republicans view as a key witness in their investigation into the Biden family’s business dealings.

In the days between the interview and the release of the transcript, House members have offered conflicting interpretations of the testimony, with Republicans arguing it proved that President Biden “lied” when he said he had never spoken to his son about his foreign business dealings, and Democrats claiming the opposite and saying the testimony showed the president was not involved in his son’s business dealings.

Archer sat for a transcribed interview with the Oversight Committee for more than five hours on Monday. The transcript spans 141 pages, and is accompanied by 24 pages of documents discussed during the interview.

“Today, we are releasing the transcript from Devon Archer's interview with our committee,” the House Oversight Committee wrote on X, the platform formerly known as Twitter.


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Following Archer’s closed-door interview, lawmakers said the witness testified that Hunter Biden sometimes put President Biden, then the vice president, on speakerphone with foreign business partners. Lawmakers also said Archer discussed Hunter Biden selling the “illusion of access” to his father.

Comer on Thursday pointed out several “key exchanges” from Archer’s testimony, including a claim from the Archer that Burisma, the Ukrainian energy company he and Hunter Biden sat on the board of, “would have gone out of business if it didn't have the brand attached to it.”

He also highlighted exchanges about two dinners Joe Biden attended with Hunter Biden’s foreign business associates in 2014 and 2015 at Cafe Milano in Washington, D.C.

But in another part of his testimony, when asked if he was aware of any wrongdoing by President Biden, Archer responded “no, I’m not aware of any.”

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In a statement on Thursday, Rep. Jamie Raskin (D-Md.), the ranking member of the Oversight panel, fired back at Comer and reiterated that Archer’s testimony shoots down the idea that President Biden was involved in his son’s business dealings.

“Once again, Committee Republicans’ priority investigation into President Biden has failed to produce any evidence of wrongdoing by President Biden,” Raskin wrote. “On Monday, Devon Archer, Hunter Biden’s former business associate, confirmed in a transcribed interview that President Biden was never involved in Hunter’s business dealings, never profited from such dealings, and never took official action in relation to these business dealings.”

“Mr. Archer repeatedly explained that across a decade-long relationship with Hunter Biden, he was not aware of President Biden ever discussing Hunter Biden’s business.  Instead, Devon Archer described how Hunter Biden sold the ‘illusion’ of access to his father—access he never actually provided,” he added.

Rep. Jamie Raskin (D-Md.)

Rep. Jamie Raskin (D-Md.) speaks to reporters as he leaves the Capitol following the last vote before a five-week district work period on Thursday, July 27, 2023.

House Republicans for months have been trying to link President Biden to his son’s business dealings. Last month, Speaker Kevin McCarthy (R-Calif.) floated launching an impeachment inquiry into Biden, pointing to testimony from IRS whistleblowers that accuse prosecutors of slow-walking the investigation into Hunter Biden’s tax crimes.

Comer released the transcript of Archer’s testimony hours before former President Trump is scheduled to be arraigned in Washington, D.C., after he was indicted on four counts stemming from his efforts to remain in power following the 2020 elections. When news broke of the charges on Tuesday, several Republicans — including McCarthy — said the indictment was an effort to distract from Archer’s testimony and other GOP-led investigations.

“Everyone in America could see what was going to come next: DOJ’s attempt to distract from the news and attack the frontrunner for the Republican nomination, President Trump,” McCarthy wrote in a tweet, pointing to claims Republicans have made throughout their investigations and a poll that has Trump well ahead of his GOP primary opponents.

FILE - Speaker of the House Kevin McCarthy, R-Calif., holds a news conference as the House prepared to leave for its August recess, at the Capitol in Washington, July 27, 2023. (AP Photo/J. Scott Applewhite, File)

Raskin, meanwhile, argued that Comer released the transcript on Thursday in an effort to distract from Trump’s indictment and upcoming arraignment.

“The transcript released today shows the extent to which Congressional Republicans are willing to distort, twist, and manipulate the facts presented by their own witness just to keep fueling the far-right media’s obsession with fabricating wrongdoing by President Biden in a desperate effort to distract from Donald Trump’s third indictment and the overwhelming evidence of his persistent efforts to undermine American democracy,” he said.

The White House slammed Republicans following Archer’s highly-anticipated transcribed interview earlier this week, claiming that the testimony showed that the president did nothing wrong.

“It appears that the House Republicans’ own much-hyped witness today testified that he never heard of President Biden discussing business with his son or his son’s associates, or doing anything wrong,” Ian Sams, White House spokesperson for oversight and investigations, said in a statement. “House Republicans keep promising bombshell evidence to support their ridiculous attacks against the President, but time after time, they keep failing to produce any. In fact, even their own witnesses appear to be debunking their allegations.”

Updated at 12:42 p.m.

No, Republicans, Trump’s indictment isn’t about free speech

Senate Minority Leader Mitch McConnell might not be commenting on the former president’s latest indictment, but those Republicans who have spoken up are dismissing Donald Trump’s alleged conspiracy to overthrow an election by claiming that it was merely “free speech.”

Apparently it is now a crime to make statements challenging election results if a prosecutor decides those statements aren’t true. So when should we expect indictments of the democrat politicians who falsely claimed Russia hacked the 2016 election?

— Marco Rubio (@marcorubio) August 2, 2023

“Apparently it is now a crime to make statements challenging election results if a prosecutor decides those statements aren’t true,” Sen. Marco Rubio asserted, knowing full well that this is not about Trump’s statements, but about his actions.

Bogus “free speech” arguments are a tried-and-true Republican favorite, and Trump’s legal team is no exception. “[O]ur focus is on the fact that this is an attack on free speech, and political advocacy,” said Trump lawyer John Lauro on CNN. “And there’s nothing that’s more protected, under the First Amendment, than political speech.” (Lauro might want to do a quick review of how that defense has been working for Jan. 6 defendants, including the Proud Boys.)

Special counsel Jack Smith knew this would be a key argument from Trump, and quickly debunked it on page 2 of the indictment. “The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won,” the indictment says. “He was also entitled to formally challenge the results of the election through lawful and appropriate means …. [I]n many cases, the Defendant did pursue these methods of contesting the election results. His efforts … were uniformly unsuccessful.

“Shortly after Election Day, the Defendant also pursued unlawful means of discounting legitimate votes and subverting the election results.” That’s what Trump is being indicted for: his actions.

Rep. Jamie Raskin, a member of the Jan. 6 committee and lead manager of Trump’s second impeachment, explained all of this during a appearance on MSNBC, poking a big hole in Republican arguments with a simple analogy. “[Y]ou can say ‘I think the currency is phony and everybody should be allowed to make up their own money … but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College,” the Maryland Democrat said.

Here’s the full transcript:

We know that our friends across the aisle are trying to mobilize some big free speech defense of Donald Trump here, which is just comical. Of course you have a right to say for example, “I think that the meeting of the House and the Senate in joint session to count Electoral College votes is a fraud or is taking away Donald Trump’s presidency.” You can say whatever you want, but the minute you actually try to obstruct the meeting of Congress, you crossed over from speech to conduct.

It’s like you can say, “I think the currency is phony and everybody should be allowed to make up their own money.” You can say that, but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College. They can say, “Well, we don’t think that Joe Biden really won in these states,” even though every federal and state court rejected all of their claims of electoral fraud and corruption. The minute that they start manufacturing counterfeit electors and trying to have them substitute for the real electors that came through the federal and state legal process, at that point, they’ve crossed over from speech to conduct. I think the indictment is really tight in focusing just on the conduct.

Sign the petition: Disqualify Trump from running for public office

Conservatives cried about how the “woke” (whatever that means) “Barbie” movie would fail. It didn’t. In fact, the film has struck a chord with American and international audiences. Daily Kos writer Laura Clawson joins Markos to talk about the film and the implications of the Republican Party’s fixation on mythical culture wars, which is failing them in bigger and bigger ways every day.

Trump to appear in federal court after being charged with crimes related to Jan 6

Former President Donald Trump is scheduled to appear in federal court in Washington, D.C., Thursday afternoon after being indicted on charges that stem from Special Counsel Jack Smith’s investigation into 2020 election interference and the Capitol riot on Jan. 6, 2021.

Trump, the 2024 GOP front-runner, faces four federal charges, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.

The former president is expected to travel from Bedminster, New Jersey, to Washington, D.C., on Thursday. He was ordered to appear in federal court for a 4 p.m. arraignment.

TRUMP INDICTED ON CHARGES OUT OF SPECIAL COUNSEL PROBE INTO JAN 6

This is the second federal indictment the former president faces out of Smith’s investigation. Trump, who leads the 2024 GOP presidential primary field, has already pleaded not guilty to 37 counts related to his alleged improper retention of classified records from his presidency.

Those charges include willful retention of national defense information, conspiracy to obstruct justice, and false statements. Trump was charged with an additional three counts as part of a superseding indictment out of that probe last week.

Trump is the first former president in U.S. history to face federal criminal charges. 

"The Defendant, Donald J. Trump, was the forty-fifth President of the United States and a candidate for re-election in 2020. The Defendant lost the 2020 presidential election," Smith’s indictment states. "Despite having lost, the Defendant was determined to remain in power."

Smith alleged that "for more than two months following election day on November 3, 2020" Trump "spread lies that there had been outcome-determinative fraud in the election and that he had actually won." It lists various claims that Trump's team made during post-election state challenges in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

"These claims were false, and the Defendant knew that they were false," Smith alleged. "But the Defendant repeated and widely disseminated them anyway — to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election."

Smith said Trump, between Nov. 14, 2020, and Jan. 20, 2021, "did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the Grand Jury, to defraud the United States by using dishonest, fraud and deceit to impair, obstruct and defeat the lawful federal government function by which the results of the presidential election are collected, counted, and certified by the federal government."

SPECIAL COUNSEL JACK SMITH SAYS JAN 6 ‘FUELED BY LIES’ FROM TRUMP, PRAISES ‘HEROES’ WHO DEFENDED CAPITOL

There are six unnamed co-conspirators in the indictment.

Reacting to the charges, a Trump campaign spokesperson told Fox News Digital in a statement that "this is nothing more than the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election, in which President Trump is the undisputed front-runner, and leading by substantial margins."

"But why did they wait two and a half years to bring these fake charges, right in the middle of President Trump’s winning campaign for 2024? Why was it announced the day after the big Crooked Joe Biden scandal broke out from the Halls of Congress?" the spokesperson wrote.

"The answer is, election interference!" the spokesperson continued. "The lawlessness of these persecutions of President Trump and his supporters is reminiscent of Nazi Germany in the 1930s, the former Soviet Union, and other authoritarian, dictatorial regimes."

"President Trump has always followed the law and the Constitution, with advice from many highly accomplished attorneys," the spokesperson added.

The indictment comes after Trump had announced that he received a target letter from the Justice Department, which also asked that he report to the federal grand jury. Trump said he anticipated "an arrest and indictment."

Smith was investigating whether Trump or other officials and entities interfered with the peaceful transfer of power following the 2020 presidential election, including the certification of the Electoral College vote on Jan. 6, 2021.

On Jan. 6, 2021, pro-Trump rioters breached the U.S. Capitol during a joint session of Congress to certify the Electoral College results in favor of President Biden.

The House of Representatives drafted articles of impeachment against him again and ultimately voted to impeach him on a charge of inciting an insurrection for the Jan. 6 Capitol riot — making him the first and only president in history to be impeached, and ultimately acquitted, twice.

The Senate voted to acquit but, had Trump been convicted, the Senate would have moved to bar the 45th president from holding federal office ever again, preventing a 2024 White House run.

Trump has also pleaded not guilty to 34 counts in New York in April stemming from Manhattan District Attorney Alvin Bragg’s investigation. Trump is accused of falsifying business records related to hush-money payments made during the 2016 campaign.

Elsewhere, prosecutors in Fulton County, Georgia, are looking to wrap up their criminal investigation into Trump's alleged efforts to overturn the 2020 presidential election in the state.