Texas AG Ken Paxton skirts the law—again

Mere months after taking office in 2015, Texas Attorney General Ken Paxton surrendered to authorities on three felony counts related to securities fraud. But after getting his mugshot taken and posting a $35,000 bond, Paxton spent the next nine or so years making sure that the law was a bludgeon to be used against other people. People who are not rich, white, politically empowered Republican men.

On Tuesday, weeks before that 2015 case was finally set to go to trial, the special prosecutors handling Paxton’s case announced a very special deal. Rather than facing a pair of first-degree felonies, each of which could have brought a minimum sentence of five years, and a third-degree felony that might have added at least two more, Paxton will face … zero years. Also zero months, zero days, and zero charges.

Instead, Paxton will agree to pay back the money he allegedly defrauded, attend a class on “legal ethics,” and do 100 hours of community service. He doesn’t have to pay a fine to the state. He doesn’t even have to plead guilty. Instead, all charges are dropped and Paxton can carry on with the vital work of threatening hospitals and protecting Texas’ right to drown children with razor wire.

Paxton’s get-out-of-felony-free deal comes six months after the state Senate acquitted him in an impeachment trial where he was clearly guilty. Paxton was overwhelmingly impeached in the Texas House in May 2023, on charges that included bribery, obstruction of justice, dereliction of duty, and misappropriation of public resources. In the middle of those charges was a scheme in which a wealthy donor reportedly provided a job to Paxton’s mistress and seven members of Paxton’s staff resigned.

But immediately following his impeachment, Donald Trump pressured Texas state senators to show their loyalty by acquitting Paxton, and in behind-the-scenes negotiations, none were willing to stand up and provide the critical vote that would have impeached the Texas AG.

Paxton was also allowed to skate by the state bar association, which said it couldn’t discipline Paxton for supporting false claims of election fraud. An almost four-year-old FBI investigation that began in relation to charges leveled by some of those who resigned from Paxton’s office has yet to result in any charges.

While benefiting from the immunity of the wealthy and politically connected, Paxton has continued to use the law as a club against those who aren’t so lucky. That includes his infamous war against Kate Cox, who sought to end a nonviable pregnancy that threatened her health and potentially her life. Cox was ultimately forced to leave the state to seek relief after Paxon appealed a district court decision that would have allowed her to obtain a medical abortion.

Paxton has also been on the forefront of claims about an immigrant invasion. That includes issuing a reply to a Supreme Court ruling in January, claiming that it “allows Biden to continue his illegal effort to aid the foreign invasion of America,” and seeking to end the Deferred Action for Childhood Arrivals program, which can protect from deportation children who were brought into the country illegally. Paxton not only sued the federal government for cutting through barriers of razor wire, he also refused to consider removing that wire after a woman and two children drowned.

Like a lot of Republicans, Paxton seems to have a very strict view of the law when it is being used against someone else, and an absolute disdain for it when it’s turned his way.

But considering how many things he's gotten away with over so many years, Paxton has a right to feel like Texas law is a joke. And he always seems to get the last laugh.

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GOP seeks new way to attack Biden since impeachment scheme is a bust

Tuesday’s House Judiciary Committee hearing with special counsel Robert Hur showcased Republican desperation to find some way to attack President Joe Biden.

Despite the release of a full transcript of the interview between Hur and Biden that showed complaints about the president’s memory to be exaggerated, if not outright lies, many Republicans continued to pursue the Biden-so-old route. Texas Rep. Nathaniel Moran went so far as to suggest that Biden should be placed under guardianship for diminished mental capabilities

At the same time, committee Chair Jim Jordan was one of multiple Republican members who asked Hur to envision fantasy scenarios in which the president was 15 or 20 years younger. That was part of an extended, and sometimes laughably desperate, effort by Republicans to get Hur to say that somehow, somewhen, somewhere in the multiverse, he might have considered charging Biden. They did not succeed.

But the biggest reason for the Hur hearing wasn’t just to give a chance to alternate between asking whether Biden should be in a care facility or if he’s a criminal mastermind. The reason that the Republicans called in Hur is that their big impeachment scheme has fallen apart. Now they are madly searching for something, anything, that they can throw against the walls of the White House.

As Politico reported on Wednesday, the Republican plan to impeach Biden appears to be all but dead. That effort began as soon as Republicans had their hands on the machinery of the House, with Rep. James Comer chairing the House Oversight Committee running a parallel “investigation” with Jordan on the Judiciary Committee and Chairman Jason Smith on the Ways and Means Committee. It reached its ludicrous peak on Sep. 12, 2023, when then-Speaker of the House Kevin McCarthy announced a formal impeachment inquiry in a blatant effort to hang onto his big office. That didn’t work.

By the time Hunter Biden made his way to a closed-door meeting of the inquiry on Feb. 28, 2024, it seemed clear Republicans were only spinning their wheels. Despite hundreds of interviews and thousands of documents, Republicans had produced nothing more than some truck payments, family loans, and a heavily debunked claim from an indicted foreign agent

However, as the Politico article notes, Republicans see it as a high priority to “antagonize the White House.”

It might seem that getting some legislation passed after a session in which Republican infighting resulted in just 27 bills escaping the House (that includes renaming some Veterans Affairs clinics and issuing a commemorative coin). But Republicans are convinced that demonstrating competence in governing doesn’t matter to their voters. 

So they are just going to throw crap against the walls of the Capitol in the hopes that some of it might stick.

Among the Republican Plan Bs under consideration are:

  • Sending criminal referrals for Hunter Biden to the Justice Department. 

  • Keep investigating, but save any announcements for closer to Election Day.

  • Just keep investigating and making false claims—because that’s worked so well so far.

There’s also a plan to sue the Department of Justice, though it’s not clear why. 

There’s even a suggestion that Republicans might do something that seems anathema to them so far—draft legislation. In this case, it would be legislation to tighten rules for financial reporting and foreign lobbying.

However, not only would this require them to break out a pencil stub and do the work they’ve resisted since taking control of the House in 2023, it would also mean drafting something that would pass the Senate. It could be exceedingly difficult to craft a bill on financial reporting that didn’t have a much bigger impact on Donald Trump than Biden. Ditto on issues of foreign lobbying.

The problem for Republicans is that Trump and his family did all the things they’ve been attributing to Biden and his family. Which would seem to make the legislative route difficult without netting the wrong fish.

Other options, like the idea of making a criminal referral on Hunter Biden, would be an obvious exercise in toothless grandstanding. But that hasn’t seemed to bother Republicans so far, so this is likely what they’ll do.

Republicans are reportedly so far away from mustering enough support for a Biden impeachment that even Speaker of the House Mike Johnson can see that such a move would fail. But they’re unwilling—and possibly incapable—of trying to dig their way back to respectability by passing legislation that addresses the nation’s needs.

So they’re going to sit among the ashes of their very fine impeachment inquiry and try to find something else ugly enough to please MAGA voters. So far, they’ve got nothing.

The Bulwark’s Sarah Longwell joins Kerry to discuss the State of the Union and what President Biden needs to do to soundly defeat Donald Trump in Novembe.

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Live coverage: House GOP hearing on just how old Biden is

The House Judiciary Committee, led by Republican Jim Jordan, is holding its latest hearing Tuesday to investigate President Joe Biden for … something. Anything.

This hearing features former special counsel Robert Hurt, selected by Attorney General Merrick Garland to investigate classified documents found at Biden’s home. In his report, Hur concluded that Biden had cooperated with officials and wasn’t subject to changes.

However, Hur also infamously included lines such as one saying that Biden presents as "a sympathetic, well-meaning, elderly man with a poor memory." Many of Hur’s statements fed into the Biden-so-old narrative that the Republican Party—and the national media—seem determined to make the “but her emails of 2024.”

Hur reportedly left the Department of Justice recently and will be testifying as a private citizen. How this will affect his testimony is unclear.

Join Daily Kos for live coverage.

UPDATE: Tuesday, Mar 12, 2024 · 6:38:59 PM +00:00 · Mark Sumner

Low-energy questioning from Rep. Ben Cline that, like a lot of the moments today, is little more than just reading parts of the public report. He runs out of steam somewhere along the line without even seeming to convince himself.

UPDATE: Tuesday, Mar 12, 2024 · 6:35:00 PM +00:00 · Mark Sumner

Ivey asks about Moran’s scummy use of “guardianship.” 

Funny moment as Jordan interjects then claims he can’t yield, because “it’s not my time.”

Ivey: You’re speaking, but it’s not your time?

UPDATE: Tuesday, Mar 12, 2024 · 6:32:53 PM +00:00 · Mark Sumner

Rep. Glenn Ivey just walking Hur through the actions that Biden took in cooperation, and how this was the “opposite” of actions taken by Trump. 

This is the part of the story all the Republicans in the room will ignore. Again.

UPDATE: Tuesday, Mar 12, 2024 · 6:23:56 PM +00:00 · Mark Sumner

The House is now debating a bill concerning how the federal government rents office space. It sounds innocuous, but it surely contains some black hole of unfettered evil. Because with this House, it wouldn’t be getting a vote without a big dollop of ick.

After this, the House will debate a bill that provides a meaningless finger-wag of disdain for Biden's immigration policies, without doing a thing to change any of those policies. Which, honestly, seems like the perfect way to take time out from an equally meaningless hearing.

Hang in there.

UPDATE: Tuesday, Mar 12, 2024 · 6:13:41 PM +00:00 · Mark Sumner

The House is now voting on bringing a couple of bills to the floor, neither of which is earth-shaking. However, there’s a pretty hefty set of items on the list of items that could be considered under suspension. So … we wait.

Moran was genuinely slimy. I foresee a future in Republican leadership.

UPDATE: Tuesday, Mar 12, 2024 · 5:52:05 PM +00:00 · Mark Sumner

Now the hearing is in a recess while the House carries out some votes. The recess will last until ten minutes after the last vote, which will be … we don’t know. Stay tuned.

UPDATE: Tuesday, Mar 12, 2024 · 5:50:48 PM +00:00 · Mark Sumner

Rep. Nathaniel Moran is showing why he is this far down the charts because he starts off by repeating things that a half dozen Republicans have already covered. However, he shows his desire to rise up the MAGA ranks with a ridiculous contention that  Biden is “incapacitated” and talking about “guardianships” as he suggests Biden can’t manage his personal finances.

In other words, he’s being a rat bastard.

UPDATE: Tuesday, Mar 12, 2024 · 5:46:47 PM +00:00 · Mark Sumner

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UPDATE: Tuesday, Mar 12, 2024 · 5:45:22 PM +00:00 · Mark Sumner

Rep. Cori Bush doesn’t bother to question Hur. Instead, she spends her minutes pointing out that this “investigation,” like the mock impeachment investigation, is a waste of time that consumes Congress’ time and is being done for no reason other than to help Trump.

UPDATE: Tuesday, Mar 12, 2024 · 5:43:14 PM +00:00 · Mark Sumner

Rep. Kelly Amstrong follows in the same groove already worn down by previous Republican reps — trying to equate Biden’s accidental retention of documents and his open cooperation with the government, with Trump’s deliberate retention and open hostility to attempts to retrieve documents.

UPDATE: Tuesday, Mar 12, 2024 · 5:39:12 PM +00:00 · Joan McCarter

Jordan is trying to get Hur to say that DOJ should give Congress the tapes of all the interviews conducted in his investigation. Hur says he’s not with the DOJ anymore, so no, he can’t really say. He does say audio recordings were part of the information he used to make the report, which Jordan uses to say that means Congress should have everything. So get ready for more Jordan subpoenas and more pointless hearings about the DOJ’s weaponization of information.

UPDATE: Tuesday, Mar 12, 2024 · 5:32:20 PM +00:00 · Joan McCarter

Rep. Deborah Ross, North Carolina Democrat, quips that Hur has been testifying for nearly three and a half hours, almost as long as Biden spent talking to him.

UPDATE: Tuesday, Mar 12, 2024 · 5:30:20 PM +00:00 · Joan McCarter

Lee seems to be trying to find anything at all that Biden could be charged for. It ain’t there. Hur is engaging the hypotheticals, but not giving her much.

UPDATE: Tuesday, Mar 12, 2024 · 5:28:38 PM +00:00 · Joan McCarter

We’re down to the “who?” Republican members. Now it’s Florida’s Laurel Lee asking a question designed to allow her to repeat “elderly, well-meaning man.” Now she’s going down a weird road, befuddling Hur, on obstruction of justice. Now sure what line she’s following here. 

UPDATE: Tuesday, Mar 12, 2024 · 5:23:09 PM +00:00 · Joan McCarter

Rep. Veronica Escobar, Texas Democrat, is pointing out that Trump’s documents at Mar-a-Lago were “accessible by tens of thousands of people.” Asks if Joe Biden provided access to tens of thousands of people to the documents he had. Of course that’s a no. 

UPDATE: Tuesday, Mar 12, 2024 · 5:21:00 PM +00:00 · Joan McCarter

Good lord. Hageman is doing “but her emails!” Why wasn’t Hillary prosecuted. These people.

UPDATE: Tuesday, Mar 12, 2024 · 5:19:12 PM +00:00 · Joan McCarter

They just can’t let it go. Lots of questions from Wyoming GOP member Harriet Hageman on Trump’s “condition.” She’s going for the “evil mastermind” Biden who knew he was stealing documents—he “understood” he could not keep it—Hur isn’t giving Hageman (who replaced Liz Cheney, way to go Wyoming) much help.

UPDATE: Tuesday, Mar 12, 2024 · 5:14:00 PM +00:00 · Joan McCarter

Rep. Dean is putting Trump’s indictments into the record, as well as the transcript in which Biden did remember the day his son died. Remember, Hur did not take the opportunity to correct the record.

And now Democratic Rep. Lucy McBath of Georgia, is once again hitting Trump’s mishandling of documents. Goes on to get Hur to answer yes or no to exculpatory conclusions for Biden.

UPDATE: Tuesday, Mar 12, 2024 · 5:06:39 PM +00:00 · Joan McCarter

GOP Rep. Kevin Kiley, Calif., not really scoring any points here from Hur. He won’t deviate from what’s in the report. And Kiley is doing his best to put words in Hur’s mouth. 

UPDATE: Tuesday, Mar 12, 2024 · 5:03:48 PM +00:00 · Joan McCarter

Rep. Dean—she has the transcript and asks Hur to correct the record on Biden forgetting the date of his son Beau’s death. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 5:01:28 PM +00:00 · Joan McCarter

Another Democrat, Madelaine Dean, Penn., once again getting Hur to reiterate that his decision to not prosecute was based on the lack of evidence. And again  makes the contrast to Trump, asking Hur to read the words from his report about Trump’s obstruction. Hur tries to get Dean to read all of it instead, she tells him “it’s your report,” you can read it. That was helpful--straight from the horse’s mouth.

UPDATE: Tuesday, Mar 12, 2024 · 4:58:18 PM +00:00 · Joan McCarter

Jordan forgot to turn his mic on for his latest question. The single best thing Jordan has ever done, yelling into a dead mic. He’s trying to draw Hur out on impressions of Biden. Here Hur is being a little more forthcoming on the memory lapses.

UPDATE: Tuesday, Mar 12, 2024 · 4:55:37 PM +00:00 · Joan McCarter

Alabama Republican Rep. Barry Moore is going through presidential history of classified document handling. He’s going to use his time to attack special counsel Jack Smith who’s investigating Trump. Hur won’t, of course, comment. But Moore is going to use his time to smear Smith anyway.

UPDATE: Tuesday, Mar 12, 2024 · 4:52:41 PM +00:00 · Joan McCarter

We’re back to procedure with Democratic Rep. Joe Neguse of Colo. He’s getting Hur to reiterate that there was no interference, resistance from AG Garland and that Garland did not modify his report. Hur agrees—none of that happened.

Neguse contrasts with how AG Bil Barr handled the Mueller report against Trump. Hur agrees, the AGs did not conducted that report the same way. “I was able to conduct a fair, thorough investigation,” Hur says, not influenced by Garland.

UPDATE: Tuesday, Mar 12, 2024 · 4:44:27 PM +00:00 · Joan McCarter

How bad is Biden’s memory? asks GOP Rep. Cliff Bentz from Oregon. At least he’s not a yeller.

UPDATE: Tuesday, Mar 12, 2024 · 4:41:32 PM +00:00 · Joan McCarter

Rep. Mary Scanlon, Democrat from Pennsylvania, again walking Hur through his conclusions and his focus in the report about Biden’s cooperation vs. Trump’s alleged obstruction.

Scanlon pointing out that plenty of witnesses don’t remember exactly details from years ago, and showing another video of Trump saying in depositions that he didn’t remember when he married Marla Maples, when he owned certain properties, etc. 

UPDATE: Tuesday, Mar 12, 2024 · 4:38:25 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 4:37:12 PM +00:00 · Joan McCarter

Meanwhile:

“What month did Beau die? Oh God, May 30,” he said, naming the correct day, according to a transcript of the exchange reviewed by The Washington Post. Not a good look for Hur… https://t.co/MOR1uAAOmU

— Tim Miller (@Timodc) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 4:34:24 PM +00:00 · Joan McCarter

No subtlety from GOP Rep. Scott Fitzgerald, Wisc.: Is Biden senile? Hur is not going to go there. 

UPDATE: Tuesday, Mar 12, 2024 · 4:31:49 PM +00:00 · Joan McCarter

Rep. Lou Correa, Calif., now up for Democrats, and again draws out Hur on the Trump/Biden contrasts in handling of classified documents. Hammering this again and again, which Jordan had to know was going to happen. He apparently thought he would have a sympathetic witness in Hur. If so, he thought wrong.

UPDATE: Tuesday, Mar 12, 2024 · 4:25:28 PM +00:00 · Joan McCarter

GOP Rep. Tom Tiffany, Wisc. going back to Jordan’s questions about how the White House tried to get the parts about Biden being old edited out of the document (which didn’t happen) as another opportunity to talk about how old Biden is.

UPDATE: Tuesday, Mar 12, 2024 · 4:23:02 PM +00:00 · Joan McCarter

Democrat Ted Lieu, Calif., is now up and focusing again on the contrast with Trump’s behavior---lying to investigators, trying to hide documents, etc. 

Really, what did Republicans think in calling this hearing? Did they really think no one would notice that part of the report, the part that damns Trump?

UPDATE: Tuesday, Mar 12, 2024 · 4:20:03 PM +00:00 · Joan McCarter

Back to Jordan. “Did the White House get the report before the report went public? … Did the White House try to get the report changed?” Did the White House go over his head to AG Garland to get changes made in the report? Hur simply says they can write to whoever they want. 

UPDATE: Tuesday, Mar 12, 2024 · 4:16:47 PM +00:00 · Joan McCarter

GOP Rep. Victorial Spartz of Indiana just using her time to focus on the “sympathetic old man” language. Of course.

UPDATE: Tuesday, Mar 12, 2024 · 4:14:50 PM +00:00 · Joan McCarter

Jayapal making him repeat the words from his report that there was not sufficient evidence to convict. 

UPDATE: Tuesday, Mar 12, 2024 · 4:12:31 PM +00:00 · Joan McCarter

Democrat Pramila Jayapal of Washington now up. Hur fighting with Jayapal about the use of the word “exoneration,” which she used. Notably, Jayapal is the first woman to question him, and is the only lawmaker he has talked over, interrupted, and man-splained to.

UPDATE: Tuesday, Mar 12, 2024 · 4:09:48 PM +00:00 · Joan McCarter

Now Bishop is being cranky that the DOJ released the transcripts. They did it too late, he says.

UPDATE: Tuesday, Mar 12, 2024 · 4:07:56 PM +00:00 · Joan McCarter

Next up, GOP Rep. Dan Bishop, NC. He seems to be trying that Biden doesn’t understand the differences between “confidential,” “secret,” “top secret” in classified information. 

UPDATE: Tuesday, Mar 12, 2024 · 4:05:38 PM +00:00 · Joan McCarter

Swalwell pulls out a bit from the transcript, where Hur tells Biden he seems to have a “photographic” recall of the house—not sure of the context—and points out that was not included in the report, then includes another video compilation of Trump mangling the English language.

UPDATE: Tuesday, Mar 12, 2024 · 4:01:34 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Eric Swalwell of California. Swalwell first commends him for his immigrant story, with a dig at Republicans on immigration. Then he details the criminal indictments and allegations against Trump. Asks Hur if he would pledge to not accept another appointment from Trump if he wins again. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 3:59:26 PM +00:00 · Joan McCarter

Okay, Biggs is going with the “evil mastermind” narrative for Biden. They really are not on the same page here.

UPDATE: Tuesday, Mar 12, 2024 · 3:56:41 PM +00:00 · Joan McCarter

Now we’ve got Freedom Caucus maniac Andy Biggs of Arizona. He’s trying to get Hur to say that while there wasn’t “willful” conduct by Biden, but sloppiness. Not sure what Biggs is trying to draw out with this. 

UPDATE: Tuesday, Mar 12, 2024 · 3:53:37 PM +00:00 · Joan McCarter

Hur insists that in order to provide a complete report he had to include the partisan hit job material. Schiff is not letting it go. Schiff: “you made a choice, a political choice.”

UPDATE: Tuesday, Mar 12, 2024 · 3:52:13 PM +00:00 · Joan McCarter

Now we’ve got Rep. Adam Schiff of California, blasting Hur for including the bits about Biden’s memory. “You could have written the report just focusing on the documents, but you included the words about Biden’s memory … creating a political firestorm.” Schiff has a big poster of Trump’s Mar-a-Lago bathroom full of boxes behind him.

He’s hitting Hur hard on the gratuitous inclusion of the memory stuff, which Schiff says is “prejudicial and subjective,” and deliberately included in the report for Republicans to use.

UPDATE: Tuesday, Mar 12, 2024 · 3:48:47 PM +00:00 · Joan McCarter

Van Drew is calling Biden “cognitively impaired” but crafty in establishing his legacy. They’re not doing a very good job making their case.

UPDATE: Tuesday, Mar 12, 2024 · 3:47:05 PM +00:00 · Joan McCarter

Another Republican, Jeff Van Drew from NJ, is cherry-picking from the report to damn Biden and say his a criminal, and hitting the “well-meaning, forgetful old man,” repeatedly. Again with the double standards of justice. Hur won’t play along.

UPDATE: Tuesday, Mar 12, 2024 · 3:43:49 PM +00:00 · Joan McCarter

Democratic Rep. Hank Johnson, Georgia, laying out Hur’s conservative, Federalist Society credibility, as a Trump US Attorney. Pointing out that Garland appointed him as special counsel on this matter, and that Garland did not direct him in his investigation. He’s doing a good job of establishing the credibility of Garland and of Hur, establishing again---with Hur---there is no “two tiers of justice” as Republicans insist.

Now Johnson hitting Hur for including the gratuitous bits about Biden’s senility for partisanship. Hur angrily rejects that, the first response beyond the “it’s in the report” answers.

UPDATE: Tuesday, Mar 12, 2024 · 3:38:23 PM +00:00 · Joan McCarter

Here’s Raskin, the highlight of this charade so far:

Raskin: This is a memory test. It's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Do we remember naziism? Communism and totalitarianism? Have we forgotten sacrifices of our parents and grandparents pic.twitter.com/qVKQaKWR1F

— Acyn (@Acyn) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 3:36:39 PM +00:00 · Joan McCarter

GOP Rep. Darrell Issa of Calif. now up. He says he’s not going to play prosecutor or make stuff up, pretending to be reasonable but also slipping in that “Biden is old” narrative. Issa trying to get Hur to say whether he thinks Biden has a history back to the Senate of mishandling info. Hur won’t. 

“In this case, did you conclude that Biden was ‘outright innocent.’” Hur again points Issa to the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:52 PM +00:00 · Joan McCarter

Cohen chastises Gaetz for his “senile” slurs.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:09 PM +00:00 · Joan McCarter

Democrat Steve Cohen, Tennessee, now up, commending Hur and the DOJ for doing its job. He’s getting Hur on the record to say that Attorney General Merrick Garland was fair and impartial in allowing Hur to conduct the investigation. Hur agrees. 

Cohen tries to get Hur to say that he didn’t decide not charge Biden because of his memory but because the evidence wasn’t there. Hur won’t go beyond what’s in the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:27:15 PM +00:00 · Joan McCarter

Hur so far isn’t giving the GOP much. He’s not going beyond the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:25:56 PM +00:00 · Joan McCarter

Oh joy, now it’s Rep. Matt Gaetz, competing with Jordan in the yelling. He’s trying to get Hur to say Biden lied to him. Gaetz keeps repeating the phrase “senile cooperator theory,” and “the elevators not going to the top floor” and whether Biden is being “crafty.”

So Gaetz is now saying that “old Biden” is just an act to cover up his evil-doing. Now he’s trying to say that the Chinese own the Penn Biden Center?

UPDATE: Tuesday, Mar 12, 2024 · 3:20:24 PM +00:00 · Joan McCarter

Rep. Sheila Jackson Lee, Democrat of Texas, reiterates that the interviews occurred in the hours after the crisis in Israel and Biden cooperated and gave hours to the interview. She’s detailing the process and procedure of the investigation, establishing the thoroughness of the investigation and Hur’s conclusions.

UPDATE: Tuesday, Mar 12, 2024 · 3:17:07 PM +00:00 · Joan McCarter

Comer is trying to make a case that Biden White House employees were visiting the Penn Biden Center before classified documents were held. Hur doesn’t really help here. Comer apparently tried to make the case that Biden directed some kind of cover-up or something. Hur wouldn’t go along with him.

UPDATE: Tuesday, Mar 12, 2024 · 3:14:54 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 3:13:06 PM +00:00 · Joan McCarter

Now Comer is going on about “Biden family activities.” He’s just not going to let it go. Hur won’t speak to anything beyond what is in his report.

UPDATE: Tuesday, Mar 12, 2024 · 3:10:32 PM +00:00 · Joan McCarter

Raskin’s statement is excellent and too fast to transcribe. 

"They were looking for high crimes and misdemeanors. Now they appoint themselves amateur memory specialists."
UPDATE: Tuesday, Mar 12, 2024 · 3:09:28 PM +00:00 · Joan McCarter

Raskin hitting again the contrast between Trump and Biden, and making Hur reiterate his findings distinguishing the two.

Raskin is hitting GOP hard for making this a “memory test” for Biden, while the GOP is forgetting the lessons of fascism, of the world’s experience with dictators. 

UPDATE: Tuesday, Mar 12, 2024 · 3:06:22 PM +00:00 · Joan McCarter

“Pride and money,” Jordan says. Yeah, about that $1 million in book proceeds that went to charity…. 

Now Jordan’s going after the ghost-writer who tried to destroy evidence by deleting interview recordings. And about Mr. Trump? Jordan isn’t going to go there.

UPDATE: Tuesday, Mar 12, 2024 · 3:03:51 PM +00:00 · Joan McCarter

Now Jordan is getting shouty. “Why did he do it?” Talks about Biden’s 50 years in public services (see, he’s old!). “Joe Biden knew the rules … why did he break them?” Of course Hur couldn’t answer that. 

But Jordan reads that Biden had “strong motivation” to hold onto the documents because he was writing a book. “How much did Biden earn for writing that book? …. $8 million.” So now Biden isn’t old, he’s greedy.

UPDATE: Tuesday, Mar 12, 2024 · 3:00:14 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Zoe Lofgren, California. She points out that even President Reagan kept his presidential diaries that could have had classified info. The “Reagan precedent” applies to the notebooks Biden kept. Did Biden assert any of his documents where “personal property”? Hur says basically no. Lofgren again compares Trump—he claimed the documents were his. Then Lofgren again reads from the report, the comparison between Trump and Biden and their levels of cooperation. Again, making the point that “these cases are not the same.” Which will probably be the only story out of this fiasco of a hearing, not that it will stop the GOP.

UPDATE: Tuesday, Mar 12, 2024 · 2:55:46 PM +00:00 · Joan McCarter

Republicans are going to have a hard time making the argument that the Trump prosecution is unfair and politically motivated by the Biden administration with the actual report. Which lays out all the stuff that Trump did.

UPDATE: Tuesday, Mar 12, 2024 · 2:54:22 PM +00:00 · Joan McCarter

Reporters are going through the transcript of Biden’s interview with Hur. Look at what a monster we have for a president:

President Biden testified to Hur that he doesn't even own individual stocks and gave $1 million in book proceeds to charity pic.twitter.com/xGOM9L47xB

— Aaron Rupar (@atrupar) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 2:52:46 PM +00:00 · Joan McCarter

Now we’ve got Rep. Tom McClintock being outraged that Biden had classified documents in his garage. He’s equating Trump’s mishandling with Biden’s and saying that it’s a double standard. “The only person being prosecuted for this offense is a political rival of the president.”

Hur says he laid out the contrast in his report and he’s not going to go beyond what was included here.

UPDATE: Tuesday, Mar 12, 2024 · 2:50:22 PM +00:00 · Joan McCarter

Nadler continues with the Trump comparison. Did Biden lie or direct his staff to lie? No. Did he attempt to hide documents or get his staff to do it? No. 

“Donald Trump is charged” with his mishandling of documents, and “President Biden is not being charged” because Hur could not prove he committed a crime.

UPDATE: Tuesday, Mar 12, 2024 · 2:48:05 PM +00:00 · Joan McCarter

Now Nadler is up with his questions. Points out that Hur did not find evidence that rose to the level of prosecution. “You can’t be a ‘little bit’ charged for a crime. You’re charged or you’re not.” Hur admits that yes, there was not enough to charge him.

Now Nadler turns to the comparison with Trump---Biden “quickly and voluntarily” returned the documents when made aware of them, and the DOJ had to get a warrant to search Mar-a-Lago.

UPDATE: Tuesday, Mar 12, 2024 · 2:43:53 PM +00:00 · Joan McCarter

Armstrong is pushing really hard to try to get Hur to say Biden is a criminal.

UPDATE: Tuesday, Mar 12, 2024 · 2:42:56 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 2:41:44 PM +00:00 · Joan McCarter

Rep. Kelly Armstrong from North Dakota detailing all the places they found documents and calls Biden the “defendant” and also keeps talking about the “crime.” Biden is not a defendant, by the way. Because this guy that they’re interviewing, the DOJ special counsel, said "We did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt."

UPDATE: Tuesday, Mar 12, 2024 · 2:38:15 PM +00:00 · Joan McCarter

Now Hur is getting into the “old” bit, the president’s state of mind, memory, mental state, and how a jury would consider all that if he brought charges. Hur hitting Biden for saying “he didn’t remember” the discussion with his ghost-wirter, having the classifed documents. Said he had to put in those concerns about Biden’s mental acuity to explain why he was not bringing charges.

UPDATE: Tuesday, Mar 12, 2024 · 2:35:58 PM +00:00 · Joan McCarter

Explains the evidence that Biden willfully held classified documents, including tapes of discussions with his ghost-writer about how he discovered the documents in his home. 

UPDATE: Tuesday, Mar 12, 2024 · 2:33:42 PM +00:00 · Joan McCarter

Now Robert Hur is up for his opening statement. Starts with his resume, speaking about how is family immigrated from Korea and his love for the country. Says he has done his job with complete impartiality.

UPDATE: Tuesday, Mar 12, 2024 · 2:31:16 PM +00:00 · Joan McCarter

“Given that this report is so damning” against Trump, Raskin says, it’s hard to see what Jordan and team think they’ll get out of this to hurt Biden.

UPDATE: Tuesday, Mar 12, 2024 · 2:30:02 PM +00:00 · Joan McCarter

Now Democratic Rep. Jamie Raskin is up. He’s making a good point that the five hour interview Biden gave Hur came the day after the Hamas attack on Israel on Oct. 7, that he was multi-tasking. And again, reads directly from the Hur report contrasting Trump’s conduct with Biden’s.

UPDATE: Tuesday, Mar 12, 2024 · 2:27:37 PM +00:00 · Joan McCarter

The DOJ has released the transcript of the interview. That’s pretty much all from Comer that matters.

UPDATE: Tuesday, Mar 12, 2024 · 2:25:46 PM +00:00 · Joan McCarter

Now up is Rep. James Comer, chair of the other impeaching committee—Oversight. Who knows what conspiracy theories he’s going to cook up with a microphone in front of him. 

UPDATE: Tuesday, Mar 12, 2024 · 2:23:17 PM +00:00 · Joan McCarter

Ooooh, Nadler brings his own video. A montage of Trump saying he doesn’t remember people from his administration, how long he was married to Marla Maples, thinking he beat Obama and the total nonsense he spouts at his rallies.

UPDATE: Tuesday, Mar 12, 2024 · 2:20:35 PM +00:00 · Joan McCarter

Nadler continues: “Biden had the mental acuity to navigate this situation. Donald Trump did not.”

UPDATE: Tuesday, Mar 12, 2024 · 2:19:14 PM +00:00 · Joan McCarter

Ranking member Rep. Jerry Nadler, New York, follows with his opening statement, pointing immediately to the part of the report that was particularly damning for Donald Trump--the comparison between how Biden and Trumped handled classified information. He’s reading the extensive section from the report talking about how Trump kept records in his bathroom. Expect Democrats to hammer on that. 

UPDATE: Tuesday, Mar 12, 2024 · 2:16:55 PM +00:00 · Joan McCarter

This is why Jordan is showing the clip—Biden saying “Mexico” when he meant “Egypt,” never mind that the rest of the statement was cogent substantive.

UPDATE: Tuesday, Mar 12, 2024 · 2:14:09 PM +00:00 · Joan McCarter

Not sure that showing this clip does Jordan a lot of good, since Biden answered questions pretty well there, was sharp. What it does show is the feeding frenzy of the press corps on that one sentence in Hur’s report, the “elderly man with a poor memory.”

UPDATE: Tuesday, Mar 12, 2024 · 2:11:21 PM +00:00 · Joan McCarter

Chairman Jim Jordan jumps right in with the “old” bit from Robert Hur’s report. Is now showing a clip of President Biden’s press conference following the release of the report, handling questions from the press asking about his age and possible senility. 

Hunter Biden absolutely owned Republicans in his testimony

Ever since they launched their “investigation” into supposed misdealings by members of President Joe Biden’s family, Republicans have clamored to get Hunter Biden behind closed doors. On Wednesday, that finally happened, but those same Republicans can’t be too happy about the results.

Thanks to the insistence of Democrats on the House Oversight Committee, who didn’t want the results of this appearance buried along with 91 other transcripts that Republicans have refused to release, the full transcript of Hunter Biden’s six-hour deposition is now available. 

What it shows is by turns hilarious and infuriating. Republicans clearly have no evidence that President Joe Biden has ever done anything wrong in connection to his son or his son’s business. Hunter’s testimony only showed the tragedy of his experience with drugs, how far Republicans were willing to go to indulge conspiracy theories, and how trivial all Hunter’s business dealings were in comparison to something that really does deserve investigation: the $2 billion reward lavished on Jared Kushner and Ivanka Trump.

Hunter Biden was 2 years old when his father became a senator, and everything he had to say about his professional relationship could be summed up in one response that Hunter gave to a question by Rep. Jamie Raskin.

Transcript quotations have been slightly edited for readability. 

Hunter: There was one thing that we—that I was fully aware of my entire life, is that my dad was an official of the United States Government, and there were very bright lines that I abided to and that I was very, very cognizant of. And I made certain that I never engaged with my father in asking him to do anything on my behalf or on behalf of any client of mine.

Republicans spent a lot of the day repeating wild claims about Hunter’s business dealings and trying to get him to admit to at least some of the connections they have been alleging for months. That never happened. That single response by Hunter was never seriously challenged.

However, there were some satisfying exchanges, as when Hunter took questions from Rep. Matt Gaetz. Republicans have been claiming from the beginning that Hunter Biden had no value to the businesses where he worked beyond his last name, and Gaetz went right to this point.

Gaetz: What value did you bring to Burisma? 

Hunter: I would love to, again, read you the entirety of my resume.

Gaetz: No, that's the things you did before Burisma. I mean, when you were working at Burisma – 

Hunter: Well, that's the value that I brought to Burisma. The things that I did before, my experience, the vast experience that I had. I was on over 13 different boards. I was the chairman of the board of the largest humanitarian organization, that supports the largest humanitarian organization in the world. I was the vice chairman of the board of the largest national passenger rail system. 

Gaetz: Mr. Biden, I don't need you to go back through your resume.

Hunter: You just asked –

Gaetz. The question is, how did you deploy that experience for a million bucks a year for Burisma?

Hunter: How did I deploy that experience? By serving on the board in a transparent and ethical way, providing the best advice that I could give. Just like any other board member on any other company in any other organization, that's how you provide your value. And the value is your experience. The value is your ability to then transfer that experience into real-world action.

Like other Republican questioners, Gaetz failed to get an answer that handed him any ammunition he could use against Joe Biden or any reason for the farcical investigation to continue. 

But Gaetz got some extra special feedback as he tried to spin out a ludicrous conspiracy that Hunter was going to provide his father with an office at his company based entirely on an email in which Hunter expressed a desire to show off some empty office space to his parents. After Hunter pointed out that he had never provided any office space to Joe Biden, Gaetz pounced … Or at least, he thought he did.

Hunter: My dad never took an office space with me.

Gaetz. No, but you were contemplating it in this email.

Hunter: I contemplated a lot of things during that time.

Gaetz. And that's what—see, because earlier you say, "My father, firewall, had nothing to do with my business," and now you're contemplating giving him keys to your office to redeem yourself.

Hunter: How is contemplation … Let me ask a question. How is contemplation of something evidence of involvement? I alone contemplate. I contemplate that one day you and I are going to be great friends. Is that ever going to happen, Mr. Gaetz? I don't think so.

Gaetz also got some very direct pushback when he asked a question about Hunter’s drug use.

Hunter: Mr. Gaetz, look me in the eye. You really think that’s appropriate to ask me?

Gaetz: Absolutely.

Hunter: Of all the people sitting around this table, do you think that’s appropriate to ask me?

Other Republican representatives repeatedly asked Hunter whether he had received money from foreign governments, including China, Ukraine, and ... Romania? To all of these questions, Hunter firmly answered that he had never worked for or received pay from any foreign government. Unlike someone else.

Hunter: The question being asked, that you're stating, is that my father said that I never received any money from China, the Government of China. Unlike Jared Kushner, I've never received money from a foreign government. He –

Hunter was cut off in his response on this occasion, as he was on a second occasion when he tried to point out that Kushner flew to Saudi Arabia and “picked up $2 billion.” 

“No, no, no, no, no, no. Not ‘okay,’” Hunter replied after Rep. Harriet Hageman implied he had taken money from Romania. “I never worked for a country. I am not Jared Kushner. I never got money from a country. Not one foreign government ever gave me money, guys—none, zero, not one.” 

When it came time for questions from Democratic Rep. Eric Swalwell, the back and forth showed just how small everything under investigation was when compared to what the Republicans refused to look into.

Swalwell: Did your father ever employ in the Oval Office any direct family member to also work in the Oval Office?

Hunter: My father has never employed any direct family members, to my knowledge.

Swalwell: While your father was President, did anyone in the family receive 41 trademarks from China?

Hunter: No.

Swalwell: As President and the leader of the party, has your father ever tried to install as the chairperson of the party a daughter-in-law or anyone else in the family? 

Hunter: No. And I don't think that anyone in my family would be crazy enough to want to be the chairperson of the DNC.

Swalwell: Has your father ever in his time as an adult been fined $355 million by any State that he worked in?

Hunter: No, he has not, thank God.

Swallwell: Anyone in your family ever strike a multibillion-dollar deal with the Saudi Government while your father was in office?

Hunter: No.

Swalwell: That's all I've got.

A number of moments in the hearing are eye-rolling, and a number are heartbreaking. Hunter Biden never once shies away from explaining the devastating effect his addiction to drugs had on his life, how he struggled for recovery, and how he wanted to make his parents proud. Republicans constantly tried to get him to admit that his drug use made him worthless as a means of showing that he had no value to the companies he dealt with, but Hunter constantly refused to give them what he wanted.

In the end, two statements from Hunter Biden’s opening remarks may be the best representation of what this hearing was all about, and how despicable it is that this Republican smear campaign has gone on so long.

Hunter: You have built your entire partisan house of cards on lies told by the likes of Gal Luft, Tony Bobulinski, Alexander Smirnov, and Jason Galanis. Luft, who is a fugitive, has been indicted for his lies and other crimes; Smirnov, who has made you dupes in carrying out a Russian disinformation campaign waged against my father, has been indicted for his lies; Bobulinski, who has been exposed for the many false statements he has made; and Galanis, who is serving 14 years in prison for fraud. 

Rather than follow the facts as they've been laid out before you in bank records, financial statements, correspondence, and other witness testimony, you continue your frantic search to prove the lies you and those you rely upon keep peddling. Yes, they are lies.

And finally, Hunter Biden gave what might be the most important statement of the day, one that should resonate with anyone in any party.

Hunter: During my battle with addiction, my father was there for me. He helped save my life. His love and support made it possible for me to get sober, stay sober, and rebuild my life as a father, a son, a husband, and a brother. What he got in return for being a loving, supportive parent is a barrage of hate-filled conspiracy theories that hatched this sham impeachment inquiry and continue to fuel unrelenting personal attacks against him and me.

If the goal of the deposition was to make Joe Biden seem like an even better father, Republicans succeeded. 

🚨BREAKING🚨: Ranking Member @RepRaskin issued the following statement after Committee Republicans released the transcript from the deposition with Hunter Biden: https://t.co/gQHkCAGkmC pic.twitter.com/wzn878GLBq

— Oversight Committee Democrats (@OversightDems) March 1, 2024

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House speaker has created a nexus of disaster. Biden has 4 days to fix it

Since Republicans took control of the House following the 2022 midterms, the U.S. has faced a crisis of governance. Unable to quit their own petty infighting, caught up in ugly leadership squabbles, and unwilling to move without the blessing of Donald Trump, Speaker of the House Mike Johnson now commands a Congress well past the brink of disaster. After being unable to pass necessary legislation and wasting endless hours on a faux impeachment inquiry of Biden that is going nowhere, Republicans have generated such a maelstrom of incompetence that it’s putting millions of lives and the stability of the planet at risk.

Contrary to what Republicans apparently believe, Congress is expected to do things. It has to meet the challenges of the day, promote policies that assist the nation, and deal with the day-to-day affairs that keep government functional. Since they gained their narrow margin, Republicans have done exactly none of these things.

On Tuesday, President Joe Biden summoned Republican congressional leaders to a meeting at the White House. With Ukraine in retreat after running out of critical ammunition and a government shutdown only four days away, this could be the most consequential meeting in decades. Will Republicans wake up for one moment to place the nation and the world ahead of their desire to please Trump and feed their childish egos? Or will they drive the nation, and the world, onto the rocks?

After being selected for speaker on the basis that no one knew who the hell he was so no particular faction was out for his throat, Johnson has shown himself to be singularly inadequate for the role.

As Joan McCarter has reported, Johnson …

  • Swiftly burned through any honeymoon period and found that his every statement or action was being scrutinized by House members sure that they would do a better job in the big office.

  • He betrayed other congressional leaders by reneging on a budget deal after everyone thought the issues were settled.

  • When months of negotiations in the Senate produced a border bill that gave Republicans everything they had been demanding, Johnson refused to even consider it on orders from Trump.

  • With the clock winding down on the end of the year, Johnson wasted time on a pointless impeachment of Homeland Security Secretary Alejandro Mayorkas.

  • With the stability of the Western world on the line, Johnson has repeatedly dithered and stalled on providing any assistance to Ukraine while Republicans increasingly look to Putin.

  • And with a government shutdown looming, Johnson sent the House out on a vacation that’s not set to end until three days before the deadline. 

Johnson is not just courting disaster, he is a disaster. Either he’s astoundingly ineffectual, or he’s an arsonist set on burning down America. It’s genuinely unclear which of these things is true.

We may find out today.

“Every day that Speaker Johnson causes our national security to deteriorate, America loses,” said White House spokesman Andrew Bates. “And every day that he puts off a clean vote [on assistance to Ukraine], congressional Republicans’ standing with the American people plunges. Running away for an early vacation only worsens both problems.”

Even Senate Minority Leader Mitch McConnell is tired of the incompetence on the other end of the Capitol. “Shutting down the government is harmful to the country. And it never produces positive outcomes—on policy or politics,” said McConnell. 

At the same time everyone is trying to get Johnson to do his job, extremist Republicans in the House Freedom Caucus are doing everything they can to provide more road bumps.

Last week they submitted a list of policy riders to Johnson, including such nonsense items as zeroing out Mayorkas’ salary, blocking military members from traveling out of state to obtain abortions, and defunding environmental and climate policies. In all, there are more than 20 of these poison pills, and the Freedom Caucus is declaring that it will block any attempt to reach an agreement unless America is forced to swallow the whole bottle.

A real speaker, one with respect from the members of their party and the strength to push past fanatics bent on nothing more than causing disruption, would push past this. Unfortunately, America is saddled with Mike Johnson.

That doesn’t make a good outcome impossible, but it certainly makes it almost infinitely more difficult. 

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GOP continues bogus ‘investigation’ after star witness turns out to be Russian mole

On Wednesday, the Republican-led House of Representatives impeachment inquiry will question James Biden behind closed doors on the very critical matter of how he repaid a loan to his brother. Banking records have already revealed that there is absolutely nothing to find in this investigation. Joe Biden loaned his brother James $200,000. Two months later, James paid him back. Neither did one thing wrong.

This hearing is a perfect example of why everyone called before this inquiry should demand to testify publicly. Not only has House Oversight Committee Rep. James Comer accused both the president and Democrats in Congress of lying about the loan, even though Comer already had all the evidence in hand to show everything was accurate and above board, but Democrats are being denied their rightful opportunity to rub Republican noses in the ugly collapse of every piece of “evidence” behind this so-called investigation.

In the last few days, the FBI form that Republicans demanded to see, then released themselves after threatening to hold the FBI director in contempt, turns out to be the product of a Russian mole who was fed false information by Russian agents. Meanwhile, a picture of “cocaine” that was included in a court filing in charges against Hunter Biden turns out to be an image of sawdust. 

The only real questions that remain in this investigation are: How much did James Comer, Jim Jordan, and Chuck Grassley know, and when did they know it?

As Spiderman might say, let’s do this one last time

In 2019, Rudy Giuliani went to Ukraine on orders from Donald Trump and came back with a story. That story was so ludicrous that everyone passed on it, including Fox News. But there was one place where Giuliani could still get this mess published: The New York Times

According to that story, Joe Biden went to Ukraine and demanded the firing of Ukrainian prosecutor Viktor Shokin because Shokin was investigating Burisma, the energy company where Hunter Biden served on the board. Biden allegedly threatened to withhold U.S. aid from Ukraine until Shokin was canned so Hunter could continue to collect his paycheck, and this oh-so-good prosecutor was unjustly fired.

The Times ran the story verbatim, without seeming to do anything like check Giuliani’s sources or look at public records. However, within a few days, Bloomberg dispatched a reporter to Ukraine to check on what Giuliani was selling, and sure enough, it was all bullshit.

Not only had Shokin not been investigating Burisma, he was so notoriously corrupt that officials in both the U.S. and the U.K. called for his removal for years. Biden didn’t start the push to remove Shokin, and he didn’t act alone. Everything that happened in Ukraine was very public, and European officials celebrated when Shokin was finally sacked. 

There was no story. There never had been a story. But that didn’t stop Republicans from continuing to repeat Giuliani’s fairytale.

Then a miracle happened. Republicans learned that the FBI had been given a tip about this subject, one that resulted in an FD-1023 form that seemed to back up everything Giuliani had said in 2019. Over objections from the FBI, Sen. Chuck Grassley and Rep. Jim Jordan demanded the form. Then Grassley and Comer released the form to the public, and it became the beating heart of the Republican “impeachment investigation.”

And the form was perfect. Referring to Joe Biden as the “big guy” was in there. A claim that Hunter Biden was hired to "protect us, through his dad, from all kinds of problems” was right on the front page. The “17 recordings” of phone calls that supposedly included Joe Biden getting directly involved with his son’s business came from this form. Best of all, it included the claim that a Burisma executive complained about how "it cost 5 (million) to pay one Biden, and 5 (million) to another Biden.” 

The form was everything. The absolute proof that Republicans wanted.

Except, of course, everything in it completely contradicted years of public records and statements from those involved. Republicans didn’t let that bother them. Comer defended this form repeatedly, calling Democrats who challenged its contents liars. Grassley declared the importance of those recordings mentioned in the form, even while admitting they might not exist. Jim Jordan practically quoted the form in his questioning of Devon Archer, and then lied about Archer’s testimony when it failed to match up.

Then last Thursday, Alexander Smirnov, the man behind that FD-1023, was charged with lying to the FBI and creating false records. According to CNN, Smirnov has informed investigators that he has “‘extensive and extremely recent’ contacts” with Russian spies. And in an interview after his arrest, Smirnov admitted that “officials associated with Russian intelligence were involved in passing a story about Businessperson 1.”

“Businessperson 1” is Hunter Biden.

So, Republicans have not only spent the last year pressing an investigation of the president’s son largely instigated by a document that turns out to have been tailor-made for them by Russian intelligence, they opened an impeachment inquiry with a Russian agent as the “heart” of their investigation

House Judiciary Chair Jim Jordan (R-OH) on the indictment of ex-FBI informant Alexander Smirnov for lying about the Biden family: “It doesn’t change the fundamental facts.” Reporter: “Doesn’t change the facts? It does change the facts, because they’re no longer facts.” pic.twitter.com/M8Y2GtSci9

— The Recount (@therecount) February 21, 2024

The answer to why the FBI was so reluctant to release the document is simple: They don’t release unfounded accusations (unless they come from James Comey or Robert Hur, of course). And that ongoing investigation that had Republicans so excited was the investigation of Smirnov, not Hunter Biden. 

All of this was a lie, and Republicans knew it. Just ask one of the men who toured Giuliani around Ukraine in the first place. 

The FBI had my communications with the CEO of Burisma since my arrest in 2019. The GOP received my communications with the CEO of Burisma during the first Trump impeachment in 2020. They all knew that the 1023 from Alexander Smirnov was a lie. Why did they continue this farce…

— Lev Parnas (@levparnas) February 21, 2024

Republicans are plowing on, keeping up the pretense that this source they made such a big deal about for so long was just “ancillary” to their investigation into what they love to call “the Biden crime family.” They have other evidence, dammit. Like how Joe Biden once loaned his son some money for a truck

But in the last day, another part of the investigation into Hunter Biden has crumbled into dust. As in sawdust. 

Federal prosecutors mistakenly claimed in a court filing that a photo of sawdust they found while searching Hunter Biden's electronics was cocaine, attorneys for the president's son said Tuesday.

How anyone could have ever thought that this material, which was tan in color and sitting on a table saw, was anything other than sawdust is astounding. But a picture of any kind of dust seemed to be convincing to Sean Hannity, so Fox News audiences aren’t likely to be threatened by the truth. (This also raises questions about just what Hannity has been putting up his nose.)

A Russian agent. A fake document. A pile of sawdust. That’s what Republicans have to show for their big investigation.

It would be really great to hear what’s happening behind those closed doors today. Democrats should be having fun.

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The New York Times is determined to make ‘but his age’ the new ‘but her emails’

If there’s anything The New York Times seems to enjoy, it's coming up with a focused attack on a Democratic candidate and then running that attack over and over and over again. Maybe their writers enjoy the simplicity of copy-pasting their remarks. Maybe there’s pleasure in patchwriting existing articles into something “new.” Whatever it is, once the Times has latched on to their Great White “But Her Emails,” they are inclined to never let it go.

For Joe Biden, the line of attack doesn’t even require misunderstanding how email servers work, a pretense that some kind of rule has been broken, or James Comey coming in with a holier-than-thou hot take. Because Biden is old. Case closed. Break out the Xerox machine and just keep slapping that copy button.

Over the weekend, The New York Times filled every slot on its editorial page with a piece attacking Biden’s age and memory. That didn’t just include the Times’ conservative columnists calling for the president to step down, but the paper’s editorial board jumping in to tell you that Americans think Biden is too old. As for 77-year-old Donald Trump? Now there’s someone who “does not appear to be suffering the effects of time in such visible ways.”

How many times can a single article tell you that Biden is old, but Trump is in his prime? Well, there’s the headline:

Why the Age Issue Is Hurting Biden So Much More Than Trump

And the subhead:

Both Donald J. Trump and President Biden are over 75. But voters are much less likely to worry that Mr. Trump is too old to serve.

And then there’s this paragraph about Trump, which has to be read in its entirety to appreciate how embarrassing it would be to Kim Jong Un’s publicist.

Mr. Trump, by contrast, does not appear to be suffering the effects of time in such visible ways. Mr. Trump often dyes his hair and appears unnaturally tan. He is heavyset and tall, and he uses his physicality to project strength in front of crowds. When he takes the stage at rallies, he basks in adulation for several minutes, dancing to an opening song, and then holds forth in speeches replete with macho rhetoric and bombast that typically last well over an hour, a display of stamina.

Strength. Physicality. Stamina. Those are the words attached to Trump.

In the previous paragraph, the same article had different words for Biden: Tentative. Frail. Stiff.

In the middle of this article is a link to a New York Times/Siena College poll that reportedly showed 70% of Americans believing Biden to be too old for his office, while fewer than 50% said the same of Trump.

Gee. Where did they get an idea like that?

On Monday, a story on Biden’s age and memory is still at the top of The New York Times’ editorial page. Even if the contents of that story are far less caustic than the articles that ran over the weekend, it's still written from a tedious middle-of-the-road perspective that is not far off special counsel Robert Hur describing Biden as a “sympathetic, well-meaning, elderly man with a poor memory.” It also serves to keep "Biden," "Age," and "Memory" right at the top of the headlines.

What’s especially convenient about this storyline for the Times is that they’ve already been doing it for decades. Here are a few past headlines:

The first two items on this list come from the last couple of years. The middle pair are from 2019, when Biden was only starting to gear up for his campaign to win the White House. The last item on that list is from 2008, when Biden had just been selected as Barack Obama’s running mate.

Joe Biden has always been the gaffe guy. If The New York Times assigns someone to cover a Biden speech, they know what’s expected: Forget everything else—just bring back the moment when Biden mixed up a name or mispronounced a city. Just as the Grey Lady had its fixed set of things to say about Hillary Clinton, which it trotted out on any occasion, for Biden it's always there to catch even the slightest slip. "Gaffe-prone" Biden has been their schtick for decades, which conveniently ignores Biden’s well-documented (and largely successful) effort to overcome a severe stutter. Now the Times is delighted to tie its grammar police to the Hur report and claim that this is all about age. Copy-paste. Copy-paste. Copy-paste.

Occasionally the Times will mount a small, milquetoast defense, like the piece titled, “I’m a Neuroscientist. We’re Thinking About Biden’s Memory and Age in the Wrong Way” at the top of the op-ed page at this moment, which powerfully argues that Biden isn’t “Forgetting” as Hur suggests, he’s merely “forgetting.” Because that distinction is certainly something that will be easily conveyed in a 30-second spot.  

Compare that bland language to the explicitly negative editorial columns over the weekend that called Biden "decrepit" and insisted he should step aside. Or this piece that kicks off by comparing Biden to an aging parent with dementia. “One of the most difficult conversations you can have in life is with a parent or peer who is becoming too old and infirm to work,” it declares. Apparently, it’s not so difficult, because the Times is having this conversation with its readers every day.

The New York Times, along with other media outlets, has created an opinion ouroboros. The publication provides stories that emphasize how Biden is old, slipping, and gaffe-prone. Then they circulate the news that people, shockingly, believe them. Then they use those poll results as an excuse to do it all again.

When it comes to Trump … don’t worry about it. He dyes his hair and wears makeup and talks for a long time. According to the Times, that means you shouldn’t be concerned about his age. In fact, they have a poll that shows you’re not concerned. And now, here’s an article about how you’re not worried about Trump’s age. Watch him dance. 

Republicans demanded border security, worked on a compromise deal with Democrats, and now want to blow the whole thing up. Biden is promising to remind Americans every day that the Republican Party is at fault for the lack of solutions to the problems they claim are most important.

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‘Chaos’ is the word for Republicans, and the media has finally noticed

For many years, the news media has loved "Democrats in disarray" stories. Those stories always seem to pop up in election years—especially years when things are going well—to assure readers that Democrats are divided, or they’ve lost the Black vote, or they don’t trust their leaders. Something. Anything that shows the Democratic Party as disorganized and incapable of running an effective government.

Somehow, that same media has seemed to largely ignore the MAGA cancer gnawing away at the Republican Party in both the House and Senate. Sure, there was some fun to be had in watching then-Rep. Kevin McCarthy get his dignity slowly stripped away in 15 rounds of voting for speaker, then watching McCarthy get ousted less than 10 months later. But through it all, news outlets went on pretending that the Republican rebellion in the House was a matter of a few ultra-extremists, and that Senate Republicans represented the affable senior league.

Well, the media can’t ignore it now. With both the House and the Senate GOP leaderships disintegrating, and with nothing getting done amid a festering cauldron of boiling egos, the media has to say it: Republicans are in chaos.

At The Washington Post, a headline from Wednesday mentions “unrest” and “chaotic, bugled votes.” The phrase “dysfunction in the House Republican conference” also makes an appearance as the Post explains how, despite Speaker of the House Mike Johnson slavishly following Donald Trump’s every whim and Senate Minority Leader Mitch McConnell still laboring under the illusion that he has the power to get a bill through his own caucus, neither of them can get a damn thing done.

The Atlantic gets both “chaos” and “Trump” into one Wednesday headline as the outlet rightly points out that things gang aft agley is a hallmark of Trumpism. Chaos is also dead certain to be generated when legislators subvert their own goals, to follow the orders of a leader who sees their inability to act as a good thing. The Atlantic also gets in a “fiasco” when describing the failed attempt to impeach Homeland Security Secretary Alejandro Mayorkas, as well as pointing out that while Johnson benefited from “conservative rebels” to land his tall chair, he doesn’t appear so fond of rebellion these days.

CNN leaves “chaos” out of its own headline, referring to “disasters” when talking about Republican defeats on both ends of the Hill. But it does launch the article with “Chaos has been a common theme for the 118th Congress.” CNN then gets more specific in pinning the problems on Republicans. In doing so, it comes up with what may be the best and funniest description of Johnson’s problems in trying to rule over “a rambunctious and anemic majority.” Like a bunch of college bros who are low on iron.

Barron’s is not exactly a reliable source of Republican criticism, but they did choose to run a Wednesday article from French news agency AFP, which couldn’t help but notice “back-to-back legislative defeats” amid “Republican chaos.” Republicans earn another “dysfunction” and pick up an “embarrassed,” along with a “missteps,” and finish off with a quote of Johnson admitting that things in the House are a “mess.” That’s pretty much a clean sweep in the Ineffectual Sweepstakes. AFP also puts some numbers around just how awful things are in the House. 

Rank-and-file conservatives have repeatedly tanked legislation pushed by the leadership, meaning Republicans were able to pass only 27 bills that became law last year, despite holding 724 votes.

Note that leaders generally bring up a bill for a vote only when they expect to win. Somewhere along the line, Republicans apparently banned basic math. Also worth noting: “rank-and-file conservatives” used to have a meaning that included something about being conservative. It is now simply a measure of how well someone follows the will of Trump.

Roll Call drops in to visit Democrats seeking cover amid “House GOP chaos” and gets a nice quote from Democratic Rep. Joe Neguse, who points out that House Republicans aren’t only unproductive, they’re also unpopular. The article also gives a nod to Democratic “unity” that is keeping their votes together, even as Republicans stalk around the floor snarling at each other.

Even The New York Times joins in with an article about “deepening Republican disarray.” And, okay, they didn’t use “chaos,” but give them a break. They probably bought “disarray” in bulk, and now they need to use it up somewhere.

At NBC News, Republicans earned a “rough week” for abandoning the border security deal they wrote. That article also spills a surprising amount of words in saying positive things about Democrats, including President Joe Biden.

Finally, here’s a rare Fox News link because it seems okay to pitch Rupert Murdoch a penny when his folks are writing about how Republicans are “shooting blanks” and “misfired” on impeaching Mayorkas. But the rest of the article descends into blaming Democrats for the loss because Rep. Al Green came from the hospital to cast a vote and threw off the count. Democrats didn’t just thwart the Republican scheme; they also somehow threatened the “Hippocratic Oath.” And Fox is just so frustrated that they actually called this the “119th Congress.” (It’s the 118th.) 

Overall, any week where Republican chaos can be so obvious that it causes the news media to momentarily halt the Dems-in-disarray storylines seems like a good one. The only thing left to complain about is … alliteration. Couldn’t someone pull out a “Republican rat’s nest” or even a “MAGA muddle”?

The media should work on that. They’re probably going to need it again.

Disinformation is a growing problem in American politics, but combating it in Latino media poses its own special challenges. Joining us on this week's episode of "The Downballot" is Roberta Braga, founder of the Digital Democracy Institute of the Americas, a new organization devoted to tackling disinformation and building resiliency in Latino communities. Braga explains how disinformation transcends borders but also creates opportunities for people in the U.S. to import new solutions from Latin America. She also underscores the importance of fielding Latino candidates and their unique ability to address the issue.

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Mitch McConnell has lost control of Senate Republicans. Blame Mitch McConnell

Mitch McConnell is 82 years old. In the past year, he’s twice suffered from instances in which he seemed to freeze and be unable to respond for several seconds. Three years ago, he declined to say why his hands were extensively bruised and bandaged. He has reportedly suffered from multiple falls, including one that kept him away from the Senate for six weeks in the spring of 2023.

And now McConnell is being repeatedly kicked by Republicans who have been railing against his leadership, calling for him to step down, and running roughshod over his authority. Long-time Republican senators have accused McConnell of “betrayal” and demanded “new leadership now.”

With Senate Republicans slipping into chaos and McConnell left gawping on the sidelines as his initiatives are shredded by his own party, it might be tempting to feel a bit of pity for the longest-serving party leader in Senate history. It might be, if the cause for all this wasn’t also Mitch McConnell.

The anarchy exploding around McConnell now is the fruit of the seeds he planted. These men clawing at his remaining power learned their tactics at his knee.

McConnell has demonstrated again and again that he lives by only one rule: If you can do it, and you want to do it, then do it. Rules be damned.

His gleeful refusal to hold a hearing on Merrick Garland’s nomination to the Supreme Court was just one facet of how he blew past Senate rules and traditions to use the chamber as a bludgeon against a Democratic president. He used his office to block court appointments at all levels during Barack Obama’s presidency, then flipped that power to pack the lower courts with Donald Trump’s unqualified appointees. McConnell wrecked the Senate, and he did it deliberately, step by step, to draw power to himself and to his party. 

McConnell determined that for someone who was willful and self-centered enough to throw out all those ideas of “civility” and “decorum,” the Senate could become a tool to not just determine the legislative agenda, but lock down control over the judiciary for a generation. So he did.

He underscored his willingness to hold his personal political power above all else in 2021 when he voted to acquit Trump following an impeachment trial in which he barred all witnesses. McConnell knew Trump was responsible. He even said so. But when it came time to pick his nation or the party that kept him in power, there was never any question about which way McConnell would go.

Those men now pulling him down—Josh Hawley, Ted Cruz, Mike Lee, and all the rest—were watching. They are all fine students of McConnell’s master class in discarding honest deliberation and harnessing the power of pure selfishness mixed with outright lies.

They were watching from the House side as well. Everyone in McConnell’s party didn’t just wake up one morning and realize that they didn’t have to follow “unwritten rules” or abide by “tradition.” The rules of the House are what they say they are, so long as they control the House. Mitch taught them that lesson. He’s been teaching it for decades.

From Rep. Marjorie Taylor Greene to Donald Trump, they are all students of McConnell’s do-as-thou-will-no-matter-what-the-cost-to-others university.

It’s fitting that when pressed about his role in writing the border security package, McConnell put himself first and ran a bus over Sen. James Lankford, who spent months negotiating that bill at McConnell’s orders and to McConnell’s specifications. That act of fundamental treachery in a moment of crisis defines McConnell in his weakness, but it’s been his hallmark all along.

The Republicans who want what little power McConnell still holds can read that move. They read it as desperation. They read it as weakness. They read it as an old man who has burned every bridge coming to the end of his time without honor, respect, or an ability to exert his will.

McConnell finds himself nearing the end of a long career. Maybe he thought this day was going to come with a big round of applause and speeches of gratitude from his colleagues. Instead, it’s coming with hands at his back, shoving him to get out of the way more quickly. His eternal pretense of being reasonable while sneering at the rules is no longer acceptable in a party that doesn't even bother to pretend. 

As he’s foundering, McConnell is calling on Republicans to help pass a bill to assist Ukraine. It’s absolutely necessary. It’s in the national interest. And it’s simply the right thing to do. McConnell reportedly sees it as legacy-defining

But that’s not true. McConnell has already defined his legacy. And that legacy says that things like “national interest” and “right” are nothing when compared to political power. He shouldn’t be surprised that Republicans only respond to his pleas with sneers and laughs. They’re good students.

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House GOP forms circular firing squad over their epic failures

On Tuesday, things went so wrong for Republicans that the level of their dysfunction became the focus of the story. At Fox News, Steve Doocy was busy dressing down House Majority Whip Tom Emmer for his role in throwing away a border security bill that is the best Republicans might ever get. Meanwhile, The New York Times was reporting that “dysfunction reigns in Congress” as the Republican majority in the House showed an incredible ability to lose its way with a “humiliating series of setbacks.”

Whatever Emmer was whipping, it wasn’t votes.

Now Republicans need someone to blame for those failures. Like all parties that revolve around a single authoritarian leader, the most important thing is not to fall under the baleful glare of the Eye of Donald Trump. And the best way to do that is … to point the finger at someone else.

After Republicans’ failure to impeach Homeland Security Secretary Alejandro Mayorkas, Rep. Marjorie Taylor Greene made a bid to blame Democrats because Rep. Al Green turned up to vote in a wheelchair when Republicans thought they had safely scheduled this vote at a time when Green couldn’t appear due to emergency surgery.

Greene: Democrats hid one of their members trying to throw us off on the numbers pic.twitter.com/8Da16eNJcj

— Acyn (@Acyn) February 7, 2024

But blaming everything on the old hidden Democrat trick was not enough for others. Rep. Greg Steube went on Newsmax to point at a Republican absence—House Majority Leader Steve Scalise, who had the audacity to be out for cancer treatment. “If Scalise would have been here … the bill would have passed,” Steube said.

There were claims overnight that Scalise would return for a Wednesday vote, though his office said otherwise. Dragging Scalise out of cancer treatment so that Republicans can squeak out a sham impeachment with a one-vote margin would be a top entry in the annals of both cruelty and pathos.

Other Republicans widened the scope of their blame to take in the whole of Republican leadership in the House, which led to one of the strangest aspects of a strange day: nostalgia for former Speaker Kevin McCarthy.

“Getting rid of Speaker McCarthy has officially turned into an unmitigated disaster,” tweeted Rep. Thomas Massie. “All work on separate spending bills has ceased. Spending reductions have been traded for spending increases. Warrantless spying has been temporarily extended. Our majority has shrunk.”

Massie wasn’t the only Republican suddenly longing for the Golden Age of Kevin, but the irony meter had to be definitively fried by this statement from Rep. Matt Gaetz.

"I also wonder, wouldn't it have been nice to still have Kevin McCarthy in the House of Representatives," Gaetz said on Newsmax. "Never thought you'd hear me say that."

Is that even irony? Irony squared? Irony times hypocrisy over the reciprocal of karma?

Whatever it was, Gaetz went on to blame McCarthy for getting rid of former Rep. George Santos. This definitely did not happen, since Santos was expelled two months after Gaetz engineered the ouster of McCarthy from the speaker’s chair.

Still, Santos sent Republicans a little something to remember him by in their moment of darkness.

Miss me yet? pic.twitter.com/sw4j7VcjJk

— George Santos (@MrSantosNY) February 6, 2024

Speaker of the House Mike Johnson kept it simple: He blamed everyone but himself. "I don't think this is a reflection on the leader,” Johnson told reporters. “It's a reflection on the body itself." Sure. That’ll do it.

Following the loss on impeaching Mayorkas, one senior Republican aide was pushing a hard line, writing, “If we lose the Israel vote after losing Mayorkas impeachment: VACATE.” 

Then they lost the vote on Israel.

Rep. Mike Gallagher grabbed a pen for a Wall Street Journal op-ed on Wednesday, to take a swipe at every Republican in Congress who voted to impeach Mayorkas. “Impeachment not only would fail to resolve Mr. Biden’s border crisis,” wrote Gallagher, “but would also set a dangerous new precedent that would be used against future Republican administrations.” 

But Gallagher was alone in trying to stop the bleeding. The remainder of the caucus had their eyes firmly fixed on what’s important: pleasing Donald Trump. After all, Trump doesn’t want issues at the southern border solved; he wants them front and center in the fall election. And in that cause, congressional Republicans are fully prepared to humiliate themselves all over again today, and tomorrow, to infinity and beyond.

As The New York Times reports, Republicans thought they had set a trap for Democrats on the border issue, one that would give them a potent issue for the fall and powerful leverage to get policies they wanted. But Democrats “tripped them up,” in the Times’ words, by giving Republicans unexpected concessions on border security and tying it to military assistance for Ukraine. 

Now Republicans are scurrying to explain how what they demanded is the wrong thing all along. Congress is flailing, multiple issues get ignored in the storm of finger-pointing, and no one wants to name the person primarily responsible for this mess.

Because that person is Trump. And if Republicans have to burn down their own house and throw their friends under buses to make Trump happy … just line up those buses.

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Republicans demanded border security, worked on a compromise deal with Democrats, and now want to blow the whole thing up. Biden is promising to remind Americans every day that the Republican Party is at fault for the lack of solutions to the problems they claim are most important.