Alabama Sen. Tommy Tuberville refers former CIA head Michael Hayden to Capitol Police

Sen. Tommy Tuberville, R-Ala., alerted Capitol Police on Tuesday to what he called a "politically motivated assassination" from former CIA and NSA Director Gen. Michael Hayden, with expectations the police will protect congressional members and bring "criminals to justice."

Earlier Tuesday, Hayden tweeted that he was, "surprised to wake up this morning and discover MAGAnuts had lost their minds over my suggestions that ‘Coach’ Tuberville not be considered a member of the human race."

The tweet was a direct response to comments he made the night before.

EX-CIA DIRECTOR SAYS TUBERVILLE SHOULD LEAVE ‘HUMAN RACE,’ TAUNTS ‘MAGANUTS’

When one social media platform X user asked if Tuberville should be removed from his committee, Hayden responded, "how about the human race?" The comment appeared to be in response to the senator’s decision to continue his hold on military nominations over the Pentagon’s abortion policy — which has left hundreds of leadership positions unfilled.

The policy pays for Department of Defense (DoD) personnel's out-of-state travel for reproductive services, including in-vitro fertilization and abortion.

A spokesperson for Tuberville told NBC News last weekend the senator had no intention of ending his hold amid the terrorist attacks by Hamas against Israel.

Hayden has called Tuberville out in previous social media posts, including one in September, when a social media user asked if it was "wrong" to call Tuberville a "racist."

FORMER CIA DIRECTOR HAYDEN AGREES WITH JOURNALIST TWEET LABELING REPUBLICANS 'DANGEROUS' AND 'NIHILISTIC'

"I have aphasia. Sometimes my meaning isn’t clear. What I meant to say is Tuberville absolutely is a racist. Or, in other words, it is not wrong to say he is a racist," Hayden replied.

Tuberville responded on social media to statements made by Haden most recently.

"This morning, my office was made aware of a statement made by General Michael Hayden calling for a politically motivated assassination. This statement is disgusting, and it is repugnant to everything we believe in as Americans," Tuberville said. "Given General Hayden’s long career in Washington, he must have known that, by making such a statement, he was committing a serious crime. His own efforts today to reinterpret what he said are only a tacit admission of guilt.

TUBERVILLE FORCES SCHUMER'S HAND IN MILITARY NOMINEE VOTES: 'HE BLINKED'

"If we still have a nonpolitical justice system in this country, then General Hayden will be prosecuted to the fullest extent of the law. My office has reported this incident to the Capitol Police, and I expect that they will once again do an excellent job protecting members of Congress and bringing criminals to justice," he added.

Tuberville continued by saying he was not aware of any congressional Democrats who condemned Hayden’s statement, and that Democrats have "only continued to attack" him by name on Tuesday.

"Sadly, General Hayden is just the latest in a long line of Washington Leftists who have engaged in reckless rhetoric against me over the past few months," Tuberville wrote. "This must stop, and it must stop now."

TUBERVILLE SAYS HOUSE GOP MUST 'NOT WASTE TIME' WITH BIDEN IMPEACHMENT

Tuberville called Hayden out for presiding over "some of the biggest failures" in American intelligence history, linking him to intelligence flaws with the 9/11 attacks, and lack of weapons of mass destruction in Iraq.

He also said Hayden lied about Hunter Biden’s laptop so that Joe Biden could be elected as president.

"Both of these lies tore our country apart and did enormous damage to the fabric of our republic. General Hayden is in no position to criticize anyone as his credibility was completely destroyed long ago," Tuberville said. "I am a conservative and a Republican, but above all, I am an American who cares about this country and is deeply concerned for its future. I am not a politician, and when I came to Washington, I did not expect to be popular among the clown show; but I certainly did not expect to be lied about on the Senate floor and threatened by former government officials like Michael Hayden.

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"Anyone who actually cares about our country must go on the record and condemn his reckless statements," he added.

ICYMI: Biden strongly condemns Hamas, says it doesn’t represent Palestinians

President Joe Biden condemns Hamas terrorism

Today, President Joe Biden spoke to the nation about Hamas’ terrorist attack against Israel and about the U.S. response to the ongoing violence. Biden stridently condemned the “pure unadulterated evil” of the Hamas attack, referring to it as a “slaughter” and a “massacre.” He noted that Hamas does not represent the Palestinian people, said that Palestinians are pawns being used as “human shields,” and said, “This is terrorism, but sadly, for the Jewish people, [it] is not new. … We must be crystal clear. We stand with Israel. We stand with Israel.”

War Update: Israel, Ukraine, Russia, and Republicans

Russia is using the war in Israel to inject dangerous and false propaganda into the debate, and pro-Putin Republicans are gleefully taking the bait. “[An] account with over 350,000 followers on X (formerly known as Twitter) not only blames the Hamas attack on the U.S., but insists that it was all somehow done on orders from Barack Obama,” writes our own Mark Sumner. “Expect more such conspiracy theories, many more false claims, and for the worst of Republicans to continue using the dead in Israel for political gain.”

RNC chair's partisan remarks on Israel tragedy ignite controversy

War is breaking out, civilians are being massacred, but don’t worry—the Republican National Committee is thrilled. “I think this is a great opportunity for our candidates to contrast where Republicans have stood with Israel time and time again, and Joe Biden has been weak,” said RNC Chair Ronna McDaniel.

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After making an all-new set of enemies, Rep. Nancy Mace may face a familiar GOP primary foe

Former state Rep. Katie Arrington tells The Hill that she's considering seeking a GOP primary rematch against South Carolina Rep. Nancy Mace, who shocked her colleagues last week when she voted to terminate Kevin McCarthy's speakership. Things could become still more volatile in the Palmetto State, though, because the U.S. Supreme Court is set to hear arguments Wednesday for a lawsuit that seeks to strike down Mace's 1st District as a racial gerrymander.

We'll start with Arrington, who told reporter Caroline Vakil that "all options are on the table" for another campaign against an incumbent who is no stranger to making enemies within her own party. Mace, who unseated Democratic Rep. Joe Cunningham in 2020, broke with Donald Trump in the days after she was forced to barricade in her office during the Jan. 6 attack, saying, “I hold him accountable for the events that transpired.” Although the congresswoman, who was an early 2016 Trump supporter, never backed impeachment and soon stopped trying to pick fights with him, her party's master endorsed Arrington as part of an effort to purge critics.

But while Arrington did all she could to try to frame the primary as a battle between pro-Trump and anti-Trump forces, Mace used her superior financial resources to advance a different narrative. The congresswoman reminded voters that Arrington had denied renomination in 2018 to another Trump critic, then-Rep. Mark Sanford, only to suffer an upset loss against Cunningham. The GOP legislature had already done what it could to make sure that no Republican could lose this coastal South Carolina seat by passing a map that extended Trump’s 2020 margin from 52-46 to 54-45, but Mace still argued that Arrington could once again cost the party the general election.

The incumbent prevailed 53-45 before easily winning the general election, but Mace wasn't done refashioning her public image. This summer she became a prominent Trump defender on cable news, and Politico reported he passed on his compliments to the congresswoman he'd previously castigated as a "grandstanding loser." But Mace's biggest moment in the spotlight came last week when she joined Florida Rep. Matt Gaetz, whom she'd called "a fraud" earlier this year, and six other Republicans to oust McCarthy.

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Observers, including Arrington, were quick to highlight how McCarthy's allies had deployed millions to help Mace in 2020, and the former speaker's backers were also quick to blast the congresswoman's perceived disloyalty. Mace, for her part, argued McCarthy had broken his word to her by refusing to advance her priorities, including a balanced budget amendment and a bill to test more rape kits, and she predicted his backers would seek revenge. "I do need help, because they are coming after me," she said last week to Steve Bannon, the former Trump strategist whom she'd voted to hold in contempt of Congress in 2021.

However, not everyone agrees that Mace will need much help to win renomination in 2024. "When you look at the voting base there, they’re not your typical party-line Republican," longtime GOP strategist Dave Wilson told Vakil of the local GOP primary electorate. "They’re a little bit more independent in the way that they think." Arrington, though, dismissed Mace's actions as a "political stunt" and predicted that if she doesn't run, "[T]here will be many others." South Carolina requires a primary runoff if no one secures a majority in the first round.

Complicating things further is that no one knows yet just what Mace's district will even look like next year. In January, a federal court ruled that Republican lawmakers intentionally discriminated against Black voters when they redrew Mace's 1st District by packing too many African Americans into the neighboring 6th District. However, it's up to the nation's highest court to decide if the legislature needs to rework the 1st or if the current boundaries will stand.

Even if the Supreme Court strikes down the current map, though, Republicans may still be able to keep their hold on six of the state's seven congressional districts. As we explained in January, the lower court's ruling hinged on the 14th Amendment's equal protection clause rather than the Voting Rights Act; while the latter can require states to draw districts that empower Black voters to elect their chosen candidates, the former has been interpreted to mandate only that map-makers don't let race predominate over other factors without a compelling justification when crafting lines.

For now at least, Mace is behaving like she has more to worry about on her right flank than from Democrats. The congresswoman announced Sunday that she was joining Trump in endorsing Ohio Rep. Jim Jordan, an election conspiracy theorist, for speaker. CBS' Margaret Brennan followed up by asking Mace about the accusations from several former Ohio State University wrestlers alleging that Jordan, who was an assistant coach in the 1980s and 90s, knew their team doctor was sexually assaulting them but didn't intervene. "I'm not familiar or aware with that," said Mace. "He's not indicted on anything that I'm aware of. I don't know anything and can't speak to that."

Biden interviewed as part of the special counsel investigation into handling of classified documents

President Joe Biden has been interviewed as part of an independent investigation into his handling of classified documents, the White House said late Monday. It's a possible sign that the investigation is nearing its end.

Special counsel Robert Hur is examining the improper retention of classified documents by Biden from his time as a U.S. senator and as vice president that were found at his Delaware home, as well as at a private office he used after his service in the Obama administration.

Biden has said he was unaware he had the documents and that " there's no there there. ”

Ian Sams, a spokesperson for the White House counsel's office, said in a statement that the voluntary interview was conducted at the White House on Sunday and Monday as Biden and his national security team grappled with their response to the surprise weekend attack on Israel by Hamas militants and as the president received some criticism for not being more visible during the crisis.

It’s not clear when Hur’s team approached Biden’s lawyers about an interview or how long they’d been negotiating. Asked on Aug. 25 if he planned to sit for an interview with the special counsel, Biden replied, “There's no such request and no such interest.”

The interview could signal that the special counsel investigation is nearing its conclusion.

In 2016, then-FBI Director James Comey announced his recommendation against criminal charges for former Secretary of State Hillary Clinton. the Democratic presidential nominee, over her handling of classified information just three days after agents interviewed her at FBI headquarters.

Investigators with Hur's office have already cast a broad net in the Biden probe, interviewing a wide range of witnesses about their knowledge of the handling of classified documents.

In his statement, Sams reiterated that Biden and the White House were cooperating. He referred any questions to the Justice Department.

“As we have said from the beginning, the President and the White House are cooperating with this investigation, and as it has been appropriate, we have provided relevant updates publicly, being as transparent as we can consistent with protecting and preserving the integrity of the investigation,” Sams said. "We would refer other questions to the Justice Department at this time.”

Attorney General Merrick Garland in January 2023 named Hur, a former U.S. attorney for Maryland, to handle the politically sensitive Justice Department inquiry in an attempt to avoid conflicts of interest.

It is one of three recent Justice Department investigations into the handling of classified documents by politically prominent figures.

The investigation into Biden is separate from special counsel Jack Smith’s probe into the handling of classified documents by former President Donald Trump after he left the White House. Smith’s team has charged Trump with illegally retaining top secret records at his Mar-a-Lago home in Florida and then obstructing government efforts to get them back. Trump has said he did nothing wrong.

No evidence has emerged to suggest that Biden engaged in comparable conduct or willfully held onto records he wasn’t supposed to have.

Questioned in January about the discovery, Biden told reporters that the documents were immediately turned over to the National Archives and the Justice Department. He said he was cooperating fully with the investigation and was “looking forward to getting this resolved quickly.”

“I think you’re going to find there’s nothing there,” he said. “There’s no there there.”

In June, the Justice Department informed former Vice President Mike Pence's legal team that it would not pursue criminal charges against him related to the discovery of classified documents at his Indiana home. The news came as Pence finalized plans to launch his campaign for the 2024 Republican presidential nomination.

About a dozen documents with classified markings were discovered at Pence’s home in January after he asked his lawyers to search his vice presidential belongings “out of an abundance of caution” after the Biden discovery. The items had been “inadvertently boxed and transported” to Pence’s home at the end of the last administration, Pence’s lawyer, Greg Jacob, wrote in a letter to the National Archives.

The FBI then discovered an additional document with classified markings at the Indiana house during its own search the following month.

Pence repeatedly had said he was unaware of the documents’ existence, but that “mistakes were made" in his handling of classified material.

It is hardly unprecedented for sitting presidents to be interviewed in criminal investigations.

President George W. Bush sat for a 70-minute interview as part of an investigation into the leak of the identify of a CIA operative. President Bill Clinton in 1998 underwent more than four hours of questioning from independent counsel Kenneth Starr before a federal grand jury.

Special counsel Robert Mueller’s team negotiated with lawyers for then-President Donald Trump for an interview but Trump never sat for one. His lawyers instead submitted answers to written questions.

Sign the petition: Denounce MAGA GOP's baseless impeachment inquiry against Biden

Anything to attack Biden: Republicans pretend not to know presidents sometimes work off camera

Republicans are always on the lookout for their next attack on President Joe Biden, and on Monday, Fox News personality John Roberts pulled one out of thin air.

“With war raging in Israel, the @WhiteHouse called a lid for @JoeBiden at 11:46am,” Roberts tweeted. A “lid,” as Taegan Goddard’s Political Dictionary explains, “is what White House press secretaries use to indicate that there will be no news coming out of the White House that day.” Relevant to this manufactured controversy, the Political Dictionary goes on to say:

However, it’s important to note that calling a lid does not necessarily mean that the President’s workday is over or that no more newsworthy events will happen that day.

The President may still have private meetings, phone calls, or other activities that are not open to the press.

In fact, a lid may mean that the behind-the-scenes work of the presidency is particularly intense in ways that keep the president away from the news cameras.

For instance, on Monday afternoon, Axios reports, “Biden convened a call with the leaders of the U.K., France, Italy and Germany, who together issued a joint statement unequivocally condemning Hamas.” A five-nation joint statement doesn’t just happen. It takes work and back-and-forth and negotiation over the very exact wording. Much of that work was done after the White House called a lid.

Here’s another example of what might be going on: On May 1, 2011, the Obama White House called a lid in the early afternoon. Unusually, the lid was lifted in the late evening. In a 10:30 PM statement, then-President Barack Obama announced the operation that had killed Osama bin Laden.

As a former White House correspondent—including during the Obama years—Roberts knew that calling a lid did not mean work at the White House had ceased for the day. But he tweeted the implication that it did, and a number of Republicans took it and ran with it.

“Alabamians don’t work those kind of hours,” Sen. Tommy Tuberville commented in a quote-tweet of Roberts on Monday afternoon. The Senate is not in session this entire week, so Tuberville is at his leisure to be not working at home in Alabama or Florida or wherever he lives.

Rep. Marjorie Taylor Greene quote-tweeted a different Fox News personality’s tweet about the lid. “We have Americans held hostage by Hamas and Joe Biden is taking the day off,” Greene wrote. “President Trump would never do this. He would not stop working until he got our people back.”

Former White House press secretary Ari Fleischer piggybacked on the general line of attack with a “Where is President Biden?” tweet, though he had the self-awareness not to pretend he didn’t know what a lid is. Other right-wing media personalities joined in on the claim that Biden wasn’t doing anything on Monday.

This attempt to paint Biden as missing in action came just hours before the joint statement with the U.K., France, Italy, and Germany went out. That wasn’t the only attack, of course. Republicans have also been busy trying to draw a line between the recent release of impounded Iranian funds and the attack. Although, as Daily Kos’ Mark Sumner noted, use of the money has to be approved by a third-party arbiter, it must be used for humanitarian purposes, and none of it has been spent yet anyway.

It’s true that the party of Donald Trump and his endless “executive time” may have forgotten that most presidents do work when the cameras are off. But mostly Republicans are just dishonest and desperate to turn every significant news event into an attack on Biden. This is why Republican National Committee Chair Ronna McDaniel saw the initial Hamas attacks on Israel as “a great opportunity for our candidates”: To Republicans, what’s happening in the world—even if it involves hundreds of people being killed—is always less important than the partisan advantage they might be able to leverage out of it. It’s a disgusting mindset, but they’re not backing off from it.

Sign the petition: No to MAGA impeachment. Focus on what matters.

Former Wisconsin Supreme Court justice advises Republican leader against impeachment

There should be no effort to impeach a liberal Wisconsin Supreme Court justice based on what is known now, a former justice advised the Republican legislative leader who asked him to review the issue.

Some Republicans had raised the prospect of impeaching newly elected Justice Janet Protasiewicz if she did not recuse from a redistricting lawsuit seeking to toss GOP-drawn legislative district boundary maps. On Friday, she declined to recuse herself, and the court voted 4-3 along partisan lines to hear the redistricting challenge.

Assembly Speaker Robin Vos had asked three former justices to review the possibility of impeachment. One of those three, David Prosser, sent Vos an email on Friday, seemingly just before Protasiewicz declined to recuse, advising against moving forward with impeachment.

Prosser turned the email over to the liberal watchdog group American Oversight as part of an open records request.

“To sum up my views, there should be no effort to impeach Justice Protasiewicz on anything we know now,” Prosser wrote to Vos. “Impeachment is so serious, severe, and rare that it should not be considered unless the subject has committed a crime, or the subject has committed indisputable ‘corrupt conduct’ while ‘in office.’"

Vos on Monday made his first comments about Protasiewicz since she declined to recuse from the case and Vos got the email from Prosser. In his statement, Vos did not mention impeachment. He did not return text messages Monday or early Tuesday seeking further comment.

Vos raised the threat of impeachment because he argued that Protasiewicz had prejudged the redistricting case when during her campaign she called the current maps “rigged” and “unfair.” Vos also said that her acceptance of nearly $10 million from the Wisconsin Democratic Party would unduly influence her ruling.

Protasiewicz on Friday rejected those arguments, noting that other justices have accepted campaign cash and not recused from cases. She also noted that she never promised or pledged to rule on the redistricting lawsuit in any way.

Other justices, both conservative and liberal, have spoken out in the past on issues that could come before the court, although not always during their run for office like Protasiewicz did. Current justices have also accepted campaign cash from political parties and others with an interest in court cases and haven't recused themselves. But none of them have faced threats of impeachment.

In his email to Vos, Prosser said he did not think Protasiewicz had met the standard for impeachment, which is reserved for “corrupt conduct in office, or for crimes and misdemeanors.”

She has not committed a crime or corrupt conduct, Prosser said.

“In my view, ‘corrupt conduct’ is not a term that is open to a mere political grievance,” Prosser wrote. “If that were the case, legislative bodies could be trading questionable impeachments with considerable frequency.”

Prosser cautioned that using impeachment to delay or affect the outcome of any single case “will be viewed as unreasonable partisan politics.”

Prosser, a former Republican Assembly speaker, was the only one of the former justices who came forward to say they were on the panel created by Vos. But the records he turned over to American Oversight show that he was also apparently working with former Chief Justice Patience Roggensack on looking at impeachment.

The group has filed a lawsuit alleging that the panel Vos created is breaking the state open meetings law.

“Justice Prosser’s opinion letter demonstrates why Speaker Vos’ secret panel needs to operate in public," said Heather Sawyer, American Oversight's executive director, in a statement. "We still don’t know everyone involved or what other work has been done, and will keep pressing to ensure that the people of Wisconsin have full transparency and accountability regarding the Speaker’s impeachment plans.”

Vos announced the formation of the impeachment review panel on Sept. 13. Vos refused to say who he asked and Prosser also would not tell a judge when asked during a court hearing on the American Oversight lawsuit last month.

Text messages from Roggensack to Prosser on Sept. 14 show her asking if Prosser is free for a meeting. Prosser also released a voicemail from Roggensack left that same day referring to the text and asking to speak with him on “a matter that I thought we were going to look at together.”

Prosser, during that Sept. 29 hearing, denied the claim made by American Oversight that the panel was a governmental body subject to the state’s open meetings law.

In a voicemail he released from Roggensack from Oct. 2, Roggensack says she wants to talk with him about why “we, whatever we are, are not a governmental body.”

Sign the petition: Wisconsin believes in democracy. Do not impeach Justice Janet

Morning Digest: Nancy Mace may get a new district and an old primary foe

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

SC-01: Former state Rep. Katie Arrington tells The Hill that she's considering seeking a GOP primary rematch against South Carolina Rep. Nancy Mace, who shocked her colleagues last week when she voted to terminate Kevin McCarthy's speakership. Things could become still more volatile in the Palmetto State, though, because the U.S. Supreme Court is set to hear arguments Wednesday for a lawsuit that seeks to strike down Mace's 1st District as a racial gerrymander.

We'll start with Arrington, who told reporter Caroline Vakil that "all options are on the table" for another campaign against an incumbent who is no stranger to making enemies within her own party. Mace, who unseated Democratic Rep. Joe Cunningham in 2020, broke with Donald Trump in the days after she was forced to barricade in her office during the Jan. 6 attack, saying, "I hold him accountable for the events that transpired." Although the congresswoman, who was an early 2016 Trump supporter, never backed impeachment and soon stopped trying to pick fights with him, her party's master endorsed Arrington as part of an effort to purge critics.

But while Arrington did all she could to try to frame the primary as a battle between pro-Trump and anti-Trump forces, Mace used her superior financial resources to advance a different narrative. The congresswoman reminded voters that Arrington had denied renomination in 2018 to another Trump critic, then-Rep. Mark Sanford, only to suffer an upset loss against Cunningham. The GOP legislature had already done what it could to make sure that no Republican could lose this coastal South Carolina seat by passing a map that extended Trump's 2020 margin from 52-46 to 54-45, but Mace still argued that Arrington could once again cost the party the general election.

The incumbent prevailed 53-45 before easily winning the general election, but Mace wasn't done refashioning her public image. This summer she became a prominent Trump defender on cable news, and Politico reported he passed on his compliments to the congresswoman he'd previously castigated as a "grandstanding loser." But Mace's biggest moment in the spotlight came last week when she joined Florida Rep. Matt Gaetz, whom she'd called "a fraud" earlier this year, and six other Republicans to oust McCarthy.

Observers, including Arrington, were quick to highlight how McCarthy's allies had deployed millions to help Mace in 2020, and the former speaker's backers were also quick to blast the congresswoman's perceived disloyalty. Mace, for her part, argued McCarthy had broken his word to her by refusing to advance her priorities, including a balanced budget amendment and a bill to test more rape kits, and she predicted his backers would seek revenge. "I do need help, because they are coming after me," she said last week to Steve Bannon, the former Trump strategist whom she'd voted to hold in contempt of Congress in 2021.

However, not everyone agrees that Mace will need much help to win renomination in 2024. "When you look at the voting base there, they're not your typical party-line Republican," longtime GOP strategist Dave Wilson told Vakil of the local GOP primary electorate. "They're a little bit more independent in the way that they think." Arrington, though, dismissed Mace's actions as a "political stunt" and predicted that if she doesn't run, "[T]here will be many others." South Carolina requires a primary runoff if no one secures a majority in the first round.

Complicating things further is that no one knows yet just what Mace's district will even look like next year. In January, a federal court ruled that Republican lawmakers intentionally discriminated against Black voters when they redrew Mace's 1st District by packing too many African Americans into the neighboring 6th District. However, it's up to the nation's highest court to decide if the legislature needs to rework the 1st or if the current boundaries will stand.

Even if the Supreme Court strikes down the current map, though, Republicans may still be able to keep their hold on six of the state's seven congressional districts. As we explained in January, the lower court's ruling hinged on the 14th Amendment's equal protection clause rather than the Voting Rights Act; while the latter can require states to draw districts that empower Black voters to elect their chosen candidates, the former has been interpreted to mandate only that map-makers don't let race predominate over other factors without a compelling justification when crafting lines.

For now at least, Mace is behaving like she has more to worry about on her right flank than from Democrats. The congresswoman announced Sunday that she was joining Trump in endorsing Ohio Rep. Jim Jordan, an election conspiracy theorist, for speaker. CBS' Margaret Brennan followed up by asking Mace about the accusations from several former Ohio State University wrestlers alleging that Jordan, who was an assistant coach in the 1980s and 90s, knew their team doctor was sexually assaulting them but didn't intervene. "I'm not familiar or aware with that," said Mace. "He's not indicted on anything that I'm aware of. I don't know anything and can't speak to that."

Redistricting

WI Redistricting: On Friday, the new progressive majority on Wisconsin's Supreme Court ruled 4-3 along ideological lines to hear a lawsuit that's challenging the GOP's legislative gerrymanders, setting oral arguments for Nov. 21.

The court's ruling limited its review to only the claims over non-contiguous districts and whether map' adoption by the court's previous conservative majority violated the separation of powers, setting aside the plaintiffs' partisan gerrymandering claim for now because resolving it would require extensive fact-finding. A trial to conduct that fact-finding could have delayed new maps until after the 2024 elections, and the court noted it would become unnecessary if it strikes down the maps over contiguity or the separation of powers anyway.

Earlier on Friday, progressive Justice Janet Protasiewicz rejected the GOP's calls for her to recuse herself because of how she had called the maps "rigged" during her election campaign earlier this year and received campaign funding from the state Democratic Party. Protasiewicz's recusal decision cited a 2002 U.S. Supreme Court ruling where that court's conservative majority overturned a Minnesota law that had barred judicial candidates from declaring their views on legal and political issues, and she noted that the Wisconsin Democratic Party was not involved with the redistricting case.

Nonetheless, Republican Assembly Speaker Robin Vos responded on Monday by claiming precedent by the federal high court "compels her recusal, and the United States Supreme Court will have the last word here," implying the GOP could appeal her recusal decision to the federal court. Vos and his party have repeatedly threatened to impeach Protasiewicz if she didn't recuse in this case, though he notably did not mention that in Monday's statement.

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Governors

WA-Gov, WA-03, WA Public Lands Commissioner: The Seattle Times' Jim Brunner reports that former GOP Rep. Jaime Herrera Beutler told the conservative group Future 42 on Monday that she'll run for state public lands commissioner rather than for governor or for her old 3rd District. This post, which oversees the Washington Department of Natural Resources, is currently held by Democrat Hilary Franz, who is campaigning for governor next year.

The former congresswoman, who was one of the 10 House Republicans to vote to impeach Donald Trump after Jan. 6, lost her seat last year after she came in third against far-right foe Joe Kent in the top-two primary; Democrat Marie Gluesenkamp Pérez went on to flip the seat that November. While Politico reported the next month that Herrera Beutler was interested in another House bid, she announced in late January that she'd signed on to become a strategic advisor for the Children's Hospital Association―a decision that some observers believed meant she wouldn't be running for any office in 2024.

Those assumptions were premature, and The Dispatch reported just a month later that Herrera Beutler was thinking about running for governor. However, while she didn't rule out the idea shortly after Democratic incumbent Jay Inslee announced his retirement in May, she never again showed any obvious sign of interest after her former House colleague, Dave Reichert, became the GOP frontrunner in July. We hadn't previously heard Herrera Beutler mentioned for a different statewide office until Brunner reported Monday that she would campaign for public lands commission.

Five Democrats are currently running to replace Franz: state Sens. Rebecca Saldaña and Kevin Van De Wege; former state Sen. Mona Das; King County Councilmember Dave Upthegrove; and DNR manager Patrick DePoe. The only Republican who declared before Herrera Beutler was Sue Kuehl Pederson, who lost to Franz 57-43 in 2020.

House

CO-04: Weld County Sheriff Steve Reams on Wednesday told conservative radio host Dan Caplis that he was interested in waging a primary bid against Rep. Ken Buck in an interview that took place the day after Buck became one of the eight Republicans to oust Kevin McCarthy as speaker. Another local GOP elected official, state Rep. Richard Holtorf, formed an exploratory committee last month after the congressman trashed his party's drive to impeach Joe Biden. Buck, for his part, has not committed to running again.

NY-03: Former Democratic Rep. Tom Suozzi announced Tuesday morning that he was entering the race to retake the seat still held by indicted GOP Rep. George Santos, and the new contender dispelled any talk that he'd only run if there were a special election by declaring he was filing "to run for Congress in November of 2024." We'll have more on this kickoff in our next Digest.

Judges

PA Supreme Court: The Associated Press writes that Republican Carolyn Carluccio outspent Democrat Dan McCaffery $2.8 million to $900,000 through Sept. 18, though outside groups have also been aiding him in this statewide race. However, it's not quite clear how much other organizations have been spending on the Democrat's behalf: The AP says that Planned Parenthood and Pennsylvanians for Judicial Fairness have deployed "hundreds of thousands more, with more spending coming," while the ACLU and Democratic Legislative Campaign Committee have promised to deploy resources here.

McCaffery ended Sept. 18 with a $1.2 million to $600,000 edge in cash on hand, though Carluccio likely has access to far more money. The story says that she received a total of $2.1 million through that date in donations from Commonwealth Leaders Fund, a group funded by conservative billionaire Jeff Yass. McCaffery, for his part, has benefited from large contributions from unions and trial lawyer organizations.

Mayors and County Leaders

Allegheny County, PA Executive: The Pittsburgh Post-Gazette reports that Republican Joe Rockey continues to enjoy a huge advertising edge over Democrat Sara Innamorato as he tries to score an upset win next month in this 59-39 Biden county. Rockey has deployed $700,000 on TV ads through Friday promoting him as a moderate and pledging to oppose county tax reassessments. His allies at Save Allegheny County, meanwhile, have thrown down another $480,000; the group has gotten about a quarter of its budget from Commonwealth Leaders Fund, which is largely funded by conservative billionaire Jeff Yass.

Innamorato herself spent $140,000 on the general election, while super PACs have not aired their own ads to aid her. Her opening commercial debuted Oct. 1 and begins by touting her as a candidate who "shares our values" on public safety and reproductive rights. The narrator then goes after Rockey as someone who "bankrolled Trump, supporting extremists, backed Republicans repealing reproductive rights, and said he won't stand up for the right to choose."

Obituaries

Ted Schwinden: Former Montana Gov. Ted Schwinden, a Democrat who served from 1981 to 1989, died Saturday at the age of 98. Schwinden famously kept his number listed in a public phonebook even after he became the state's chief executive and answered callers himself; radio hosts throughout the country also would call him at home without warning and speak to the governor on the air. Schwinden's openness and directness won him many fans: A Republican rancher supposedly said, "I don't agree with Ted, but I trust the son of a bitch!"

Schwinden was elected lieutenant governor on a 1976 ticket led by Tom Judge, which marked the first time that both posts were elected together rather than separately. Schwinden decided to challenge Judge for renomination four years later, though, arguing the two-term governor had "run out of steam." (Montana voters wouldn't approve term limits until 1992.) The challenger won 51-42 and went on to defeat Jack Ramírez, the GOP's leader in the state House, 55-45 even as Ronald Reagan was carrying the state 57-32.

Schwinden, who famously turned down a chance to watch the Super Bowl with Miami Dolphins owner Joe Robbie because it would have conflicted with his planned talk to a Montana high school class, proved to be popular in office and won reelection 70-26 during Reagan's 1984 landslide. Schwinden kept his two-term pledge and retired in 1988, and Republican Stan Stephens' victory over Judge that year ended 20 years of Democratic governors.

Schwinden never again sought office and later moved to Arizona, though he remained a useful sounding board for at least one prominent Montana Democrat. Brian Schweitzer recounted that he spoke to the former governor ahead of his ultimately successful 2004 bid to become the state's first Democratic leader since Schwinden himself left office: "The best advice he gave me was be good with money," Schweitzer told the Billings Gazette. "A Dem that is good with money is unassailable, so that's where I always was."

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Conservative PAC leader’s meeting with white supremacist Nick Fuentes escalates GOP infighting

By Robert Downen 

The Texas Tribune

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House Speaker Dade Phelan strongly condemned the leader of a major conservative PAC and demanded that elected officials — including Lt. Gov. Dan Patrick — return money they received from the group, one day after The Texas Tribune reported that it had recently hosted well-known white supremacist Nick Fuentes.

"This (is) not just a casual misstep,” Phelan said in a statement. “It’s indicative of the moral, political rot that has been festering in a certain segment of our party for far too long. Anti-Semitism, bigotry and Hitler apologists should find no sanctuary in the Republican party. Period. We cannot – and must not – tolerate the tacit endorsement of such vile ideologies.”

Shortly after, Patrick denounced Fuentes and anti-semitism, but accused Phelan — whose statement noted Hamas' attack on Israel on Saturday — of exploiting the war for “his own political gain.” He called on Phelan to resign as speaker before 1 p.m. on Monday, when the Texas House is expected to gavel in for a special session on school vouchers and other contentious legislation. Patrick's statement did not mention Stickland — or his ties to and financial support from Stickland's PAC.

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The Tribune reported Sunday that Jonathan Stickland, the leader of Defend Texas Liberty PAC and a related consulting firm, Pale Horse Strategies, hosted Fuentes outside Fort Worth for nearly 7 hours on Friday. Fuentes is an avowed admirer of Adolf Hitler, has called for “holy war” against Jews and said that "all I want is revenge against my enemies and a total Aryan victory.”

Acting on a tip, a Tribune reporter and photographer observed Fuentes and others — including Kyle Rittenhouse, who was acquitted of homicide after killing two Black Lives Matter protesters in 2020 — enter the one-story office of Pale Horse Strategies near Fort Worth. Republican Party of Texas Chair Matt Rinaldi also was inside the office for about 45 minutes, though Rinaldi told the Tribune that he had no idea that Fuentes was there, condemned him outright and said he wouldn’t meet with him “in a million years.”

Defend Texas Liberty is funded by two West Texas oil billionaires — Tim Dunn and Farris Wilks — who are also Attorney General Ken Paxton’s biggest donors. Earlier this year, the group made headlines after it gave $3 million in loans and donations to Patrick ahead of Paxton’s impeachment trial in the Texas Senate, over which Patrick presided.

Phelan — who has long been at odds with Patrick — directly called out Patrick in his statement, which comes as tension between the two have escalated to new heights in the wake of Paxton’s impeachment trial. Phelan also demanded Monday that “any elected official” who has received money from Defend Texas Liberty or its affiliated organizations “to immediately redirect every single cent of those contributions to a charitable organization of his or her choice.”

“Furthermore, I call upon elected officials and candidates to state unequivocally that they will not accept further contributions, including in-kind contributions, from the Defend Texas Liberty PAC,” Phelan said. “Recently, Lt. Governor Dan Patrick took $3 million from this organization. I expect him to lead the way in redirecting these funds.”

Phelan also called on the Texas GOP, which has taken $132,500 this election cycle, and Rinaldi to donate funds from Defend Texas Liberty even “if doing so would take the party into the red.”

Phelan continued, drawing a direct line between Fuentes’ visit to Texas and the violence that broke out in Israel over the weekend.

“The Republican Party, at its core, champions freedom, democracy, and shared values with nations like Israel,” he said. “...Every single elected official or candidate who has received funding from the Defend Texas Liberty PAC must publicly disavow their toxic affiliation."

Paxton and Rinaldi could not be immediately reached for comment.

Patrick, meanwhile, did not say whether he would return the $3 million given to him by Defend Texas Liberty. In the statement, he slammed Phelan for what he called a “disgusting, despicable, and disingenuous” political stunt.

“Nick Fuentes and his antisemitic rhetoric have no place in the United States. Those who spew such vile, loathsome, abominations will have to answer for it,” Patrick said. “For anyone to try to use these invectives for their own political gain is below contempt. I am calling on Dade Phelan to resign his position before the House gavels in this afternoon.”

Since 2021, Defend Texas Liberty has given nearly $15 million to ultraconservative candidates as it tries to unseat fellow Republicans, including Phelan, who it argues are not conservative enough. The group is a key part of a network of nonprofits, media companies, campaigns and institutions that Dunn and the Wilks brothers have given more than $100 million to push their ultraconservative religious and anti-LGBTQ+ views.

Phelan meanwhile is at least the second Republican to call on others to return donations. On Sunday, Rep. Jared Patterson, R-Frisco,said his fellow conservatives should publicly donate funds from Defend Texas Liberty “or their astroturf groups” to an “Israel-supporting charity.”

“Unfortunately, this isn’t unbelievable,” he said in response to the Tribune’s reporting.

Campaign finance records show that in 2022, Defend Texas Liberty donated more than $5 million to candidates who challenged more moderate, incumbent Republicans. Most of that money went to Don Huffines, a real estate developer and former state senator who unsuccessfully challenged Gov. Greg Abbott in the Republican primary.

Defend Texas Liberty has also bankrolled some of the most conservative members of the Legislature, including Reps. Tony Tinderholt of Arlington and Bryan Slaton of Royse City. Slaton was ousted from the Texas House in May after House investigators found that he gave alcohol to a 19-year-old aide and then had sex with her.

Fuentes’ visit to Pale Horse comes as the far-right of the Texas GOP continues to elevate extreme rhetoric, figures and conspiracy theories amid an ongoing civil was with Phelan and other more establishment members, and as antisemitism and hate crimes continue to skyrocket in the state and nationally.

Despite his open adoration for Hitler and his violent rhetoric, Fuentes has not been entirely cast out of right-wing circles. Hard-right Republicans, including U.S. Reps. Marjorie Taylor Greene of Georgia and Paul Gosar of Arizona, have spoken at Fuentes’ annual conference alongside avowed white supremacists.

Fuentes’ acolytes have also been employed in powerful positions in the GOP. In July, the presidential campaign of Florida Gov. Ron DeSantis fired a staffer after it was revealed that he created and then shared a pro-DeSantis video that featured a Nazi sonnenrad. And, earlier this year, Ella Maulding moved from Mississippi to Fort Worth to work as a social media coordinator for Pale Horse Strategies.

Maulding has praised Fuentes as ”the greatest civil rights leader in history,” and her social media is replete with references to “white genocide” — a foundational ideology for neo-Nazi and other violent extremist movements.

Maulding was observed for several hours at the Friday meeting with Fuentes, and she spent some time outside recording a video for Texans For Strong Borders in which she called on Texas lawmakers to crack down on immigration when they meet for a special legislative session beginning Monday.

Texans for Strong Borders wants to stem both legal and illegal immigration. Its founder, Chris Russo, was seen driving Fuentes to the Friday meeting at Pale Horse Strategies.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Ken Paxton to file criminal complaints against Texas House impeachment managers

By Alejandro Serrano

The Texas Tribune

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news.

Texas Attorney General Ken Paxton said Monday he plans to file criminal complaints against the group of state representatives who led the impeachment against him for releasing his personal information.

“The impeachment managers clearly have a desire to threaten me with harm when they released this information last week,” he said in a statement. “I'm imploring their local prosecutors in each individual district to investigate the criminal offenses that have been committed.”

The 12 House representatives being targeted by Paxton led the impeachment trial in the Senate after the House overwhelmingly voted to impeach Paxton in May. Last month the Senate acquitted Paxton of 16 articles of impeachment that alleged corruption and bribery.

In a statement Monday, Paxton accused the House impeachment managers of violating a new state law with an Oct. 2 release of documents related to the case. The new legislation cited by Paxton prohibits posting an individual’s personal information such as a home address or telephone number with the intent to cause harm to that individual or their family.

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Paxton said he plans to file the criminal complaints in each of the eight counties represented by the dozen impeachment managers. It is not clear which address is in question. Several of Paxton's addresses are available through already-published public records, often found online from any location through local municipalities' appraisal district databases.

House lawyer Rusty Hardin, who prosecuted Paxton, said Monday that the documents released last week contained the same information that was included in other documents that had already been filed or were admitted into the impeachment trial without objection.

He also said that the information about Paxton's residence is available through public records, and has been for years. Further, he said the release of documents was not conducted with an intent to cause harm to Paxton as he alleged — it was "simply a repeat of public information to anyone that wants to look into it."

If Paxton makes good on his pledge to file the criminal complaints, Hardin said his Houston law firm will consider countering with a criminal complaint against Paxton for making a false report to police.

"This is the exact kind of bullying, uninformed vengeful act that we predicted if the attorney general was not impeached," Hardin said. "He's trying to misuse the criminal justice system to cower and punish people who sought to impeach him under the law. It's just one more outrageous, vengeful act by a man who has no business being attorney general."

This is a developing story.

This article originally appeared in The Texas Tribune.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.