Gravity of new Trump charges scrambles GOP politics

The indictment brought against former President Trump for trying to halt the transfer of presidential power in 2021 has been met with somber silence from many Republican senators, who view the new charges as more serious than the previous felony counts faced by Trump.

The four new charges unveiled by special counsel Jack Smith on Tuesday focus on Trump's actions in the lead-up to the Jan. 6, 2021, attack on the U.S. Capitol, which prompted seven Senate Republicans to vote in February 2021 to convict him on the impeachment charge of inciting an insurrection.  

Senate Republican aides and strategists say the gravity of the new charges is underscored by the blistering speech Senate Republican Leader Mitch McConnell (R-Ky.) delivered at the end of Trump’s impeachment trial, in which he called Trump “practically and morally responsible” for the chaos of that day and suggested he could face criminal prosecution.  

Conservative legal experts are raising concerns about the free speech implications of charging Trump for claiming repeatedly over the course of weeks that the election was marred by fraud and for revving up a large crowd of supporters that then marched on the Capitol. 


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But Republican strategists say the latest indictment could have the biggest impact on Trump’s candidacy for president because the American public is well aware of the chaos and violence of Jan. 6.  

“It’s politically more salient because of Jan. 6. The whole country knows what happens on Jan. 6. Most of the country watched it unfold on television. Whereas the Mar-a-Lago [documents case], while it may be very serious, it’s not something the average person pays a lot of attention to,” said Vin Weber, a Republican strategist and former member of the House GOP leadership.  

“In terms of its political impact, this one is more salient to people, but I’ve also noted that among the conservative legal community, [Tuesday’s] indictment is more controversial on free speech grounds,” he said. “It’s a serious matter but it’s also somewhat debatable.”  

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A Senate Republican strategist who requested anonymity to discuss Trump’s indictment said the latest charges are the ones he most “deserves,” because Jan. 6 was a direct attack on the nation’s tradition of transferring power peacefully and resulted in injuries to more than 100 Capitol police officers.  

“This is the most significant because of what happened on Jan. 6,” the source said.  

Two prominent Trump critics in the Senate GOP conference issued statements underscoring what they view as the significance of the new charges.  

“In early 2021, I voted to impeach former President Trump based on clear evidence that he attempted to overturn the 2020 election after losing it,” Sen. Lisa Murkowski (R-Alaska) said in a statement responding to the indictment.   

“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 Jan. 6, 2021,” she said.  

Sen. Lisa Murkowski (R-Alaska) asks a question during a Senate Appropriations subcommittee in Washington. (AP Photo/Mariam Zuhaib, File)

Murkowski was one of seven Republican senators who voted to convict Trump on the charge of inciting an insurrection against the U.S. government.  

Of that group, only Murkowski, Sen. Mitt Romney (R-Utah), Sen. Susan Collins (R-Maine) and Sen. Bill Cassidy (R-La.) still serve in Congress.  

Romney blamed Trump for inciting an insurrection on the very day of the attack against the Capitol and stood firm in response to Smith charging Trump with conspiring to defraud the United States, obstructing the vote certification proceedings and conspiring to violate civil rights. 

“My views on the former president’s actions surrounding Jan. 6 are well known. As with all criminal defendants, he is entitled to due process and the presumption of innocence,” Romney said in a statement.  

Darrell West, a senior fellow at the Brookings Institution who has written about Trump’s efforts to hold onto power, said the latest indictment puts many Senate Republicans and moderate GOP House members in a tough position.  

“It puts Republicans who are defending Trump in the stance of opposing democracy. The indictment outlines fundamental threats to democracy on the part of Trump, and so it really puts the GOP in a very difficult political stance,” he said.  

Senate Republicans have had an easier time dismissing the charges against Trump for mishandling classified documents at his residence at Mar-a-Lago because investigators have also retrieved classified documents from President Biden’s personal office in Washington and his home in Wilmington, Del. He kept the documents after leaving the vice president’s office at the end of the Obama administration. Biden has cooperated with the Justice Department in returning them.  

Sen. Marco Rubio (R-Fla.), the vice chairman of the Senate Intelligence Committee, has shrugged off the charges against Trump over holding classified information as a “storage” issue. 

West pointed out that Smith, the special prosecutor, said Tuesday he wants a “speedy trial,” which raises the possibility that a jury may render a verdict on Trump’s actions before the 2024 election.   

“It could be the most ominous” of the charges, he said, because “there could be a verdict before the election.”  

Sen. Marco Rubio (R-Fla.)

Sen. Marco Rubio (R-Fla.) speaks to a reporter as he arrives to the Senate Chamber for a vote on Tuesday, July 25, 2023.

McConnell has remained silent on the latest round of federal charges against Trump, in contrast to Speaker Kevin McCarthy (R-Calif.), who quickly rallied to Trump’s defense after the charges became public.  

McConnell told reporters last month that he wouldn’t have anything to say about Trump if he was indicted for his actions in the lead-up to Jan. 6.  

Asked on July 19 whether it would be legitimate to charge Trump for trying to stop the certification of the 2020 election, McConnell replied: “I’ve said every week out here that I’m not going to comment on the various candidates for the presidency.” 

Referring to his view of Trump’s culpability for inciting the violence on Jan. 6, McConnell said: “How I felt about that I expressed that at the time, but I’m not going to start getting into sort of critiquing the various candidates for president.” 

McConnell was unequivocal two years ago in blaming Trump for inciting the Jan. 6 riot and suggested at the time that he could face criminal charges.  

Senate Minority Leader Mitch McConnell, R-Ky., center, returns to his press conference after the 81-year-old GOP leader froze at the microphones and became disoriented, at the Capitol in Washington, Wednesday, July 26, 2023. (AP Photo/J. Scott Applewhite)

He warned that Trump “didn’t get away with anything yet,” adding: “We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”  

McConnell’s top deputy, Senate Republican Whip John Thune (S.D.), didn’t say anything either about the newest charges.   

The highest-ranking member of the Senate GOP leadership to come to Trump’s defense was Senate Republican Conference Chairman John Barrasso (R-Wyo.).  

“The American people have lost faith in Biden’s Justice Department. They are uncomfortable watching the current president weaponize the justice system against his political opponent,” he said in a statement his office provided to The Hill.  

--Updated at 7:28 a.m.

Legal experts slam Jack Smith for bringing ‘lousy’ case against Trump: ‘Disinformation indictment’

Legal experts are criticizing special counsel Jack Smith for his latest indictment against Donald Trump for accusing the former president of spreading disinformation and other activities protected by the First Amendment.

Trump was indicted out of Special Counsel Jack Smith’s investigation related to 2020 election interference and the Jan. 6, 2021 Capitol riot, and is facing charges such as conspiracy to obstruct an official proceeding.

"The most jarring thing about this indictment is it basically just accuses him of disinformation — this is a disinformation indictment," said legal scholar Jonathan Turley, a professor of public interest law at George Washington University and a Fox News contributor.

"It said [Trump] was spreading falsehoods, that [he] was undermining integrity of the election — that is all part of the First Amendment," Turley said. "And I think that courts will look skeptically."

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

Turley said that one thing that is noticeably absent from the indictment is a charge for "conspiracy for incitement" or "seditious conspiracy."

"Those were the claims the Democrats used in the impeachment and said the evidence was absolutely clear, people like (Rep.) Adam Schiff and others saying [Trump] is clearly guilty of those crimes," Turley explained. "Well, they’re not in here."

He added: "I think there are some serious legal problems with this indictment."

Andy McCarthy, a former federal prosecutor and assistant U.S. attorney for the Southern District of New York and a Fox News contributor, told Fox News Digital that Smith brought "a lousy case."

"I think all the counts have significant legal problems, and that’s even before you get to the complex problems of trying to prove Trump’s intent," McCarthy said.

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

McCarthy said that one "significant problem" is the fraud that Smith has alleged.

"It is not actionable fraud as the Supreme Court has described fraud — as recently as May," McCarthy said. "The Supreme Court made very clear that fraud in federal law is a scheme to swindle someone out of money or physical property."

McCarthy added that this is "exactly the kind of case" the court was telling prosecutors not to bring, "and he brought it anyway."

McCarthy also dismissed the "conspiracy against rights" charge that Smith brought against Trump.

"Smith is using a statute enacted right after the Civil War, which was actually directed at violent intimidation by the Ku Klux Klan against Black voters in the South — which doesn’t have any connection to what we’re talking about here," McCarthy explained. "They applied that law to ballot box stuffing, so what Smith is trying to tease out of that case is what then-Justice Thurgood Marshall said in the 1960s: You don’t have to have violence. You just have to have activity that functionally cancels out people’s votes."

TRUMP PLEADS NOT GUILTY TO 37 FEDERAL FELONY CHARGES IN CLASSIFIED RECORDS CASE

McCarthy said the "most insidious thing" the special counsel does is "he doesn’t charge Trump with any violence because there is no connection."

"The Justice Department would love to charge Trump with seditious conspiracy, but the problem is, he said he supported a peaceful march on the Capitol," McCarthy said. "That may have been a stupid thing to do, but not a criminal thing to do."

McCarthy told Fox News Digital that Smith alleges that Trump "exploited the violence at the Capitol riot."

"That’s an unseemly thing for a prosecutor to do when he is not charging Trump with the Capitol riot," McCarthy explained. "Inconveniently for him, he has no evidence that Trump orchestrated them, or intended for them to do it."

McCarthy added that Smith put this into the indictment so he can argue that he "needs Capitol riot evidence in the trial."

"And then he’ll try to rush the trial in the run-up to the election," McCarthy said. "Then the American electorate will have Capitol riot imagery in the front of their minds as they go to vote in 2024."

DESANTIS CALLS FOR LAW ENFORCEMENT REFORMS AFTER TRUMP JANUARY 6 INDICTMENT 

But not every legal expert says Smith's case is weak. Laurence Tribe, professor of constitutional law emeritus at Harvard University, told Fox News Digital that Smith has brought an "airtight" indictment against the former president.

"The factual details, if true as claimed, leave Trump with no legitimate legal defenses," Tribe said. "And the sources for all the damning direct quotations, including those by Mr. Trump himself, are all individuals he hand-picked for their loyalty to him — they have no conceivable motive to lie. And there’s no chance they’re misremembering anything so stark."

Tribe told Fox News Digital that Trump’s "only hope to avoid conviction" on this latest set of charges is "to get someone installed as president who would pardon him or get the Justice Department to drop the case."

Smith announced the charges against Trump on Tuesday, saying Jan. 6 was "an unprecedented assault on the seat of American democracy."

"Described in the indictment, it was fueled by lies — lies by the defendant — targeted at obstructing a bedrock function of the U.S. government: the nation's process of collecting, counting and certifying the results of the presidential election," he said.

Trump has been ordered to appear in federal court in Washington, D.C., for his arraignment on Thursday at 4:00 p.m.

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.

Report paints picture of rampant human rights abuses from US border agents

A report from two human rights nonprofits claims that U.S. border patrol agents frequently treat migrants poorly and that Customs and Border Protection (CBP), the county’s largest law enforcement agency, has systemic problems.

“(CBP) has a persistent problem of human rights abuse without accountability,” reads the report compiled by the Washington Office on Latin America (WOLA) and the Kino Border Initiative (KBI).

“Many, if not most, CBP officers, and agents in CBP’s Border Patrol agency are professionals who seek to follow best practices. However, the frequency and severity of abuse allegations indicate that a substantial number of officers and agents don’t meet that standard.”

A WOLA database has listed more than 400 incidents of abuses against migrants encountered by CBP in the field or in custody since 2020, including physical violence, withholding of food and medicine and racial profiling.

Last month, debates flared over the use of horse patrols, after CBP concluded an investigation into a patrol that chased down migrants in the Rio Grande River last year.

The investigation found there were “multiple failures,” including training and “unprofessional and dangerous behavior” by the officers, but denied that any officer struck migrants.

One case the report focused on is that of Anadith Danay Reyes Alvarez, an 8-year-old Panamanian girl who died in CBP custody in May. She was denied critical heart medication, and her death was recently classified as “preventable.”

Alvarez’s is one “of the most serious and concerning cases,” and “accountability is rare,” the report states. The report lists 13 cases where a person died due to the use of excessive force or a department failure to care for a person in custody.

The report claims that poor department policies make injuries and deaths more common, including encouraging high-speed car chases and improper use of force in crowd control situations.

Most cases of abuse go unreported, the report claims.

“Many abuses do not garner media or Congressional attention. Investigators and law enforcement never arrive at the scene, and [Department of Homeland Security] and CBP leadership likely don’t know they even occurred,” it reads.

Some of the problems are due to “opaque, bewildering, and slow-moving” reporting procedures, making it likely that cases slip through the cracks or never get reported in the first place, the report says.

“Right now, outside efforts to gain accountability for abuse must go through a convoluted system that has been cobbled together in the 20 years since the DHS’s founding,” it reads.

“Four agencies with overlapping responsibilities handle complaints and pass cases between each other. All suffer from personnel and other capacity shortfalls, and some have insufficient power to make their recommendations stick.”

A KBI study of 78 CBP complaints made from 2010-22 found that 95 percent failed to have a proper investigation. Only 1 percent resulted in disciplinary action.

Almost 20 percent of migrants who enter the U.S. suffer some form of abuse, KPI said, again acknowledging that the figure is likely an undercount.

“Most of the cases ... would have gone completely unknown without reporting from victims and those, outside of government, who accompany them. That such abuses are happening so frequently at CBP and Border Patrol indicates that DHS’s accountability system has done little to dissuade or disincentivize them,” the report says.

The Border Patrol contested the claims made in the report. A spokesperson said the agency has worked extensively in recent years to reduce incidents of abuse by improving policies and increasing transparency.

“CBP takes all allegations of misconduct seriously, investigates thoroughly, and holds employees accountable when policies are violated. We have also implemented significant reforms that make CBP more transparent and accountable to the American people,” an agency spokesperson said in a statement.

The agency has recently changed policies around high-speed chases to make them safer, deployed body cameras to officers in the field, and changed the internal investigations process, the spokesperson said.

“We recognize building and maintaining our culture of integrity is a generational commitment. We remain focused and deliberate in establishing, promoting, and enforcing our standards from recruitment to retirement through training, leadership development, and retention of those who embody the virtues and character the American people deserve in service to our nation,” they added.

The report lists more than 40 recommendations to improve the agency and stop human rights abuses at the border, including rewriting the complaint process, following through on investigations and punishing agents who commit abuse and changing agency culture to discourage abusive behavior.

“A U.S.-Mexico border that is well governed and that also treats migrants and asylum seekers humanely can go hand in hand and should not be seen as an unattainable aspiration,” the report states.

“For this to happen, U.S. government personnel who abuse human rights or violate professional standards, must be held to account within a reasonable amount of time and victims must receive justice.” 

Republicans in Congress have floated attempting to impeach Department of Homeland Security Secretary Alejandro Mayorkas, who oversees the border patrol, due to what they view as inaction on the southern border.

According to department statistics released in July, the number of border crossings has gone down in recent months.

Updated on Aug. 3 at 2:29 p.m.

Biden takes leisurely bike ride at Delaware vacation home as Hunter Biden scandal surges

President Biden embarked on a leisurely bike ride with Secret Service agents and a golf cart full of medical staffers in Delaware on Wednesday.

Biden pedaled past reporters with the White House press corps who were holding position near the trail. The ride comes as the president faces a growing scandal relating to his involvement in his son Hunter Biden's business dealings in Ukraine and elsewhere.

"How are ya?" Biden shouted to reporters in a jovial tone as he passed them by Wednesday.

Biden was followed by a single Secret Service agent on a bike. A train of other bikers and golf carts also trailed behind him, carrying other agents and medical staffers.

REPUBLICANS FLOATING BIDEN IMPEACHMENT RISK MAKING UNPOPULAR PRESIDENT A ‘MARTYR’: CRITICS

EX-VA GOV WHO SAW CONVICTION BY JACK SMITH THROWN OUT SAYS PROSECUTOR WOULD RATHER WIN THAN BE RIGHT

Biden's stay in Delaware this week comes after former Hunter Biden associate Devon Archer testified in a closed door congressional meeting on Monday.

Archer spoke with House Oversight staff for roughly five hours, telling lawmakers that Biden was on the phone with Hunter's business partners at least 20 times over a 10-year period. Republicans argue the testimony shows culpability for Biden, who has said multiple times that he has never discussed nor participated in business with his son.

BIDENS ALLEGEDLY 'COERCED' BURISMA CEO TO PAY THEM MILLIONS TO HELP GET UKRAINE PROSECUTOR FIRED: FBI FORM

Democrats have sought to dismiss the testimony, however, arguing that Biden may have spoken on the phone with Hunter's business partners, but he did not participate in their dealings.

"Like many people, Hunter spoke with his father every day and would often put his father, occasionally would put his father on to say hello to whomever he happened to be caught at dinner with, and Mr. Archer clarified that was sometimes people that they were having, you know, they were trying to do business with, and it was sometimes friends or other social engagements," Rep. Dan Goldman, D-N.Y., said on CNN this week.

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Republican critics argue Biden was assisting Hunter's deals by taking the phone calls, which reinforced Hunter's impression that he could influence his father's policy decisions.

Abbreviated Pundit Roundup: Indictments on four criminal counts mirror the charges for foot soldiers

Rick Hasan/Slate:

U.S. v. Trump Will Be the Most Important Case in Our Nation’s History

Forget hush money payments to porn stars hidden as business expenses. Forget showing off classified documents about Iran attack plans to visitors, and then ordering the pool guy to erase the security tapes revealing that he was still holding onto documents that he had promised to return. Forget even corrupt attempts to interfere with election results in Georgia in 2020.

The federal indictment just handed down by special counsel Jack Smith is not only the most important indictment by far of former President Donald Trump. It is perhaps the most important indictment ever handed down to safeguard American democracy and the rule of law in any U.S. court against anyone.

The most interesting part of the trial will be the testimony of star witnesses VP Mike Pence and CoS Mark Meadows.

Pence with quite the statement tonight: “Today's indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States.”

— Rick Klein (@rickklein) August 1, 2023

Rolling Stone:

Trump’s Plan to Save Himself: Scapegoat His Coup Lawyers

"John [Eastman] and Rudy [Giuliani] gave a lot of counsel," one Trump advisor says ominously. "Other people can decide how sound it was"

Trump is on the cusp of being indicted over Jan. 6 and its surrounding events, and if the case goes to trial, his current legal team is preparing an “advice of counsel” argument, attempting to pull blame away from the former president for any possible illegal activity. Plans for such a defense have been percolating since last year, the two sources say.

Several lawyers in Trump’s ever-shifting legal orbit spent time both this and last year quietly studying past high-profile cases involving this particular line of defense. The attorneys tried to game out how such an argument would fare in front of a judge or a jury.

Pretty to the point https://t.co/FnbCWYjtY8 pic.twitter.com/BjrhYk5IEJ

— Benjy Sarlin (@BenjySarlin) August 1, 2023

New York Times:

The indictment says Trump had six co-conspirators in his efforts to retain power.

While their identities could not be determined, their descriptions match up with a number of people who were central to the investigation of Jan. 6.

Here is how the indictment describes those conspirators. The identities of the co-conspirators could not immediately be determined, but the descriptions of them appear to match up with a number of people who were central to the investigation into election tampering conducted by prosecutors working for Mr. Smith.

Among those people central to the inquiry were Rudolph W. Giuliani, a lawyer who oversaw Mr. Trump’s attempts to claim the election was marred by widespread fraud; John Eastman, a law professor who provided the legal basis to overturn the election by manipulating the count of electors to the Electoral College; Sidney Powell, a lawyer who pushed Mr. Trump to use the military to seize voting machines and rerun the election; Jeffrey Clark, a Justice Department official at the time; and Kenneth Chesebro and James Troupis, lawyers who helped flesh out the plan to use fake electors pledged to Mr. Trump in states that were won by President Biden.

David French/New York Times:

There’s little doubt that Trump conspired to interfere with or obstruct the transfer of power after the 2020 election. But to prevail in the case, the government has to prove that he possessed an intent to defraud or to make false statements. In other words, if you were to urge a government official to overturn election results based on a good faith belief that serious fraud had altered the results, you would not be violating the law. Instead, you’d be exercising your First Amendment rights.

The indictment itself recognizes the constitutional issues in play. In Paragraph 3, the prosecutors correctly state that Trump “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.”

Thus, it becomes all-important for the prosecution to prove, beyond a reasonable doubt, that Trump knew he lost. Arguably the most important allegations in the indictment detail the many times that senior administration officials — from the vice president to the director of national intelligence to senior members of the Justice Department to senior White House lawyers — told him that there was no fraud or foreign interference sufficient to change the results of the election. That’s why it’s vitally important for the prosecution to cite, for example, the moment when Trump himself purportedly described one of his accused co-conspirators’ election fraud claims as “crazy.”

The French piece is one of the better reads this morning. It’s not a slam dunk case like the documents indictment, but it’s the most important of the cases Trump faces.

Most effective Select Committee ever? https://t.co/gTGvG0Hd1X

— Bill Scher (@billscher) August 2, 2023

There’s lots to discuss here (and please do!) and/but some of the best stuff is still to be written.

Meanwhile here is the other news and opinions:

My friend @henryolsenEPPC makes a strong case to his fellow conservatives why it's smart to dump Trump. Admit it, GOP. Trump’s legal woes make him an unviable candidate. https://t.co/tzQ0DaeCQf

— Greg Siskind (@gsiskind) August 1, 2023

New York Times:

A Run of Strong Data Buoys Biden on the Economy

Voters continue to rate the president poorly on economic issues, but there are signs the national mood is beginning to improve.

Polls still show Mr. Biden remains underwater on his handling of the economy, with voters more likely to disapprove of his performance than approve of it. Yet there are signs that voters may be brightening their assessment of the economy under Mr. Biden, in part thanks to the mounting effects of the infrastructure, manufacturing and climate bills he has signed into law.

The run of positive economic news comes as his administration looks to credit “Bidenomics” for a sustained run of positive data.

The economy grew at a 2.4 percent annual rate in the second quarter of the year, handily beating economists’ expectations, the Commerce Department reported last week. Price growth slowed in June even as consumer spending picked up. The Federal Reserve’s preferred measure of year-over-year inflation, the Personal Consumption Expenditures Index, has now fallen to 3 percent this year from about 7 percent last June — easing the pressure on Mr. Biden from the economic problem that has bedeviled his presidency thus far.

DeSantis built the trap himself, walked into it of his own free will, locked the gate behind him, snarled at anybody who tried to unlock it and coax him out - and now his partisans are enraged that the VP is taking advantage of his self-engineered predicament. https://t.co/9xm4lMFabE

— David Frum (@davidfrum) August 1, 2023

Ron Filipkowski/Meidas Touch:

Desantis Challenges Kamala Harris to Debate Him on Slavery

Instead of taking on Trump, Desantis wants to pick a fight with the VP
Kamala Harris, who has embraced her role as the Administration's culture warrior with relish, immediately seized upon the issue and flew to Florida to give a serious of speeches and town halls to denounce the curriculum.  Perhaps most damaging to Desantis was that two of the most prominent black Republicans in the country - Tim Scott and Byron Donalds - agreed with Harris's criticisms of the curriculum.

The always thin-skinned Desantis responded to the criticism by attacking Scott and Donalds as DC swamp creatures who don't "fight back against the lies" from the Left.  The problem for Desantis is that he is getting hit from Right, Left and Center on this issue with no easy way out other than to backtrack on the policy, which he would never do.

Also notable that the GOP's Kamala Harris slander has not paid off. Despite all the misinformed talk about Biden choosing another running mate, Democrats are even more enthusiastic about Kamala Harris as the nominee than they are about Joe Biden.https://t.co/ovBiuXMksN pic.twitter.com/nYxjYYV5tL

— Keith Boykin (@keithboykin) August 1, 2023

USA Today:

Ron DeSantis looks to settle score with Kamala Harris over Florida's Black history curriculum

Florida Gov. Ron DeSantis challenged Vice President Kamala Harris to come to Florida and have a discussion with him about the state's new African American History curriculum, which she has derided as "propaganda" and "lies" over an assertion that slaves benefitted from skills they developed in captivity.

DeSantis invited Harris to meet with him in Tallahassee, the state's capital, as early as Wednesday of this week in a letter that blasted the Biden administration and accused the vice president of attempting to "score cheap political points."

The Florida governor, who is also seeking the GOP nomination for the presidency, said in the Monday letter that his office posted on social media that Biden officials had "repeatedly disparaged our state and misinformed Americans" about the state's Black history standards

VP Kamala Harris on Gov. DeSantis "invite" to Florida to: "I'm here in Florida and I will tell you there is no roundtable, no lecture, no invitation we will accept to debate an undeniable fact: there were no redeeming qualities of slavery." pic.twitter.com/Mah07TSNp6

— Eugene Daniels (@EugeneDaniels2) August 1, 2023

Bolts:

Liberals Flip the Wisconsin Supreme Court After Fifteen-Year Wait

The high court’s new majority may strike down the state’s abortion ban and gerrymanders, but Republicans have already signaled they’ll try impeaching judges.

Her victory hands liberals a majority on the supreme court for the first time since 2008. They will keep it until at least 2025, when Justice Ann Bradley’s term expires.

Protasiewicz easily beat her conservative opponent, former Justice Dan Kelly. She leads by 11 percentage points as of Wednesday morning, a feat powered by huge margins and comparatively strong turnout in Milwaukee and Madison’s Dane County, the state’s two urban cores.

With WinRed's filing now in, we finally have a graphical representation of Trump's fundraising by day in the first six months of the year and can compare the diminishing returns between indictments #1 and #2. pic.twitter.com/2SXooiDdZI

— Rob Pyers (@rpyers) August 1, 2023

Philip Bump/Washington Post:

Another GOP ‘bombshell’ fails to detonate

House Republicans are having a hard time selling the idea that Devon Archer’s testimony was important

Despite [Chairman James] Comer’s claim, though, the allegation is not becoming more credible every day. In fact, it is no more credible now than it was in early May, when Comer and Sen. Chuck Grassley (R-Iowa) first introduced it. But Hannity and Comer have a vested interest in presenting the allegation as credible and a vested interest in suggesting that closed-door testimony from one of Joe Biden’s son Hunter’s former business partners, Devon Archer, added to that credibility.

At this point, it does not. And to see why it does not, consider the central argument made by Comer, Hannity and House Judiciary Chairman Jim Jordan (R-Ohio) on Monday night — an argument that is easily debunked right at the start.

Paul Waldman/Washington Post:

Republicans would love to impeach Biden. It would backfire on them.

The dream of impeachment is alive in Congress. House Republicans have filed resolutions to impeach Homeland Security Secretary Alejandro Mayorkas, FBI Director Christopher A. Wray, Attorney General Merrick Garland, Vice President Harris and — of course — President Biden. House Speaker Kevin McCarthy (R-Calif.) hasn’t given his go-ahead to any of them, but he is toying with the idea.

Yet despite their obsession with impeachment, Republicans fundamentally misunderstand it. What makes impeachment unique is also what would make it such a disaster for them.

Max Burns:

Comer jokes special counsel ‘plagiarized’ notes on Biden but put in Trump’s name

In an interview on Fox News in the wake of former President Donald Trump’s third indictment, House Oversight Committee Chairman Rep. James Comer (R-Ky.) said he feels like the charges Trump is now facing mirror his committee’s own observations about President Joe Biden.

“I feel like someone broke into our notes on the Oversight Committee and plagiarized them, only they put them down for Donald Trump instead of Joe Biden,” the Kentucky congressman said. 

Comer went on to say Biden has damaged the American “system of government” and is causing a loss of trust in multiple government institutions like the FBI and Department of Justice. He said Biden and Attorney General Merrick Garland are using the investigations for their own “self-preservation,”

“That's the ultimate goal for the deep state bureaucracy in Washington D.C.,” Comer said. 

McCarthy accuses DOJ of using Trump indictment to ‘distract’ from Biden probes

Speaker Kevin McCarthy (R-Calif.) accused the Department of Justice (DOJ) of using the latest indictment against former President Trump — which stems from his efforts to remain in power following the 2020 election — to “distract” from recent information GOP-led committees have gathered about President Biden and his son Hunter Biden.

In a post on X, the platform formerly known as Twitter, McCarthy listed several points Republicans have been hammering in their investigations into the Biden family’s business dealings.

“And just yesterday a new poll showed President Trump is without a doubt Biden’s leading political opponent,” McCarthy continued. “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.”

While pointing the finger at the DOJ and Biden, McCarthy did not engage with any specific allegations in the Trump indictment, a tactic that has become typical for the Speaker in recent weeks when speaking to the press about charges against Trump.

The office of special counsel Jack Smith indicted Trump on four charges Tuesday: 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 charges drew immediate criticism and accusations against the DOJ from Trump allies that echoed McCarthy's.

The Speaker, and other Republicans, pointed to former Hunter Biden business associate Devon Archer saying in closed-door testimony to the House Oversight Committee on Monday that Hunter Biden had put his dad on the phone with people he was meeting with, which at times included business partners, at least 20 times over a decade, according to lawmakers in both parties.

A Democratic lawmaker said that the conversations did not involve business discussions and were limited to pleasantries, but Republicans said the testimony conflicted with Biden claiming during the 2020 presidential campaign that he had never spoken to his son about his business dealings. 

McCarthy also pointed to President Biden previously saying that his son Hunter Biden did not make money from China, even though GOP investigations — along with Hunter Biden himself in court — said he did make money from Chinese sources.

And finally, McCarthy pointed to a plea deal that Hunter Biden struck with federal prosecutors on tax charges that would have granted him broad immunity from prosecution, which fell apart in court after a judge questioned its constitutionality and lack of legal precedent.

The indictment against the former president cites a phone call between Trump and McCarthy — then the minority leader — during which Trump “told the Minority Leader that the crowd at the Capitol was more upset about the election than the Minority Leader was.” Left unmentioned in the document is that McCarthy had reportedly yelled expletives back at Trump, saying that the rioters were trying to kill him.

But the indictment does not identify the call as an act “to effect the object of conspiracy,” as it does other statements from Trump on the day of Jan. 6 and leading up to it.

McCarthy’s reaction following Tuesday’s indictment is a stark contrast from remarks he made days after the attack, when he said the president bore responsibility for the actions that day.

“The President bears responsibility for Wednesday’s attack on Congress by mob rioters,” McCarthy said on the House floor on Jan. 13, 2021, as the chamber debated impeaching Trump. He added that Trump “should have immediately denounced the mob.”

Shortly after, however, McCarthy changed his tune, saying that he did not think the former president “provoked” the riot and making a trip to Trump’s Mar-a-Lago residence in Florida.

McCarthy further underscored his support for Trump in June, backing an effort on Capitol Hill to expunge the former president’s impeachments — including one that was a result of the Jan. 6 Capitol riot.

Democrat Goldman and GOP’s Donalds spar over Devon Archer coverage

Democratic Rep. Dan Goldman (N.Y.) and Republican Rep. Byron Donalds (Fla.) gave conflicting accounts of the closed-door testimony given by Hunter Biden’s business associate Devon Archer and over the news coverage of the testimony.

As conservative lawmakers claim Archer helped bolster their case against the president and his son, Goldman has emerged as a key figure in Democratic efforts to counter the GOP narrative.

“What he testified to yesterday completely absolves Joe Biden of any involvement in Hunter Biden’s business world. And notwithstanding whatever alleged smoke Chairman [James] Comer [R-Ky.] says there is, the witness testimony was very clear that Joe Biden was not involved in any of their business dealings, Joe Biden got no benefit, Joe Biden did not change any of his actions for the benefit of his son in any way, shape or form,” Goldman said in an interview Tuesday on MSNBC.

“Hunter may have, quote, promoted the illusion of influence [of] his father, but the witness was very clear that it was an illusion. There was no actual influence and what the evidence has shown in this entire investigation,” Goldman continued. 

After Donalds posted to X, the social media platform formerly known as Twitter, Tuesday morning complaining that cable news networks were not covering the testimony, Goldman fired back with a clip of his interview, writing, “Hey @byrondonalds, this must have happened before you woke up.” 

“That's cute @danielsgoldman,” Donalds wrote in a post on X. “I noticed that they had you on at the bottom of the hour, and no one is there to give the other side. Typical for @MSNBC. @RepJamesComer or I would had loved to get an invite.”

Goldman shot back, repeating his request for the panel to release the transcript of Archer’s testimony so the public can decide how damning it was.

“I think MSNBC wanted members who were actually present for the entire testimony, @ByronDonalds, and unfortunately I was the only one. In fact, neither you nor @RepJamesComer were there at all, so what value would you add? Unless you have the transcript… #ReleaseTheTranscript,” Goldman wrote on X.

A Republican aide to the House Oversight Committee told The Hill that the committee plans to release the transcript after a review process. The aide said the witness will have the opportunity to review the transcript for corrections before it is released.