Appeals Court cuts down every piece of Trump’s immunity claim—with flair

Posted on by Mark Sumner

On Tuesday, a federal appeals court ruled that Donald Trump is not immune to prosecution for his attempts to overturn the 2020 election. The 57-page ruling takes apart the claims that Trump made one by one, thoroughly dismembering his arguments to conclude that Trump’s declaration of “categorical immunity from criminal liability” is “unsupported by precedent, history or the text and structure of the Constitution.”

As The New York Times notes, the unanimous ruling is unlikely to be the last word on executive immunity, but the appeals court “handed Mr. Trump a significant defeat.” Not least of all in determining that, as far as the court is concerned, it’s very much Mr. Trump.

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.

There’s nothing about this ruling that is going to make Trump happy.

Trump's former attorney Tim Parlatore predicts he's likely bothered by being referred to as "citizen Trump" in yesterday's ruling denying him presidential immunity. pic.twitter.com/E7RDId3wfU

— Kaitlan Collins (@kaitlancollins) February 7, 2024

Mother Jones has sifted the ruling for some of the best lines, and that definitive stripping away of Trump’s former title is just one of them. There’s also the section where the court notes that during his second impeachment trial, Trump’s legal representative tried to have it the other way. In 2021, they argued that Trump shouldn’t be impeached because he was out of office and the proper place to deal with this was in court by writing “[w]e have a judicial process” and “an investigative process ... to which no former officeholder is immune.’”

The judges also noted that Trump wasn’t alone in making this argument: Thirty senators, including Senate Minority Leader Mitch McConnell, also argued that once he left office, Trump was no longer the proper subject of impeachment and was subject to the courts. 

But the portion of the ruling most likely to get wide play is one in which the judges point out the pure silliness of what Trump is suggesting.

It would be a striking paradox if the President, who alone is vested with the constitutional duty to “take Care that the Laws be faithfully executed,” were the sole officer capable of defying those laws with impunity.

This is connected to what others have described as the center of the judges' reasoning: Giving the president the kind of immunity Trump seeks would “collapse our system of separated powers by placing the President beyond the reach of all three Branches.” It would immediately elevate the president to an all-powerful dictator, unbounded by anything Congress or the courts might do.

In addition to declaring that he should have absolute immunity, Trump’s appeal included a backup claim that because he had been impeached and Republicans had voted to save him in the Senate, taking him to court on the same issues would be “double jeopardy.” But the court also swiftly dealt with that assertion, making it clear that impeachment and indictment were unrelated.

The ruling gives Trump until Feb. 12 to file an appeal with the Supreme Court. Otherwise, the district court can once again move forward on charges of election interference. The ruling is so definitive that numerous experts have suggested the Supreme Court might not take up an appeal from Trump. 

“My guess is that he’ll be a convicted felon when he gets on the stage to accept the Republican nomination for president.” Chris Christie predicts the Supreme Court will not hear Trump’s appeal, and the trial will begin in May. pic.twitter.com/6n5CXOejRc

— Republicans against Trump (@RpsAgainstTrump) February 7, 2024

However, some are suggesting that because special counsel Jack Smith originally tried to convince the Supreme Court to hear the case before it was sent back to the appeals court, this could be an opening for Trump’s attorneys to press the court to take up the case.

Trump has responded to the ruling with numerous repetitions of his assertion that presidents must have a level of immunity that no president has ever enjoyed in real life. 

When Trump brought this appeal, legal experts agreed that the issues around presidential immunity were novel and that whatever the court determined it would be making new law. Now a three-judge panel for the United States Court of Appeals has filled in those gaps, and their ruling seems so definitive that they may be the last word on this topic.

Except for Trump. He’ll keep on demanding absolute immunity. Even if he’s doing it from a prison cell.

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Republican Party suffers the most humiliating 24 hours in recent memory

Posted on by Mark Sumner

Every party loses an election now and then. Both parties have spent whole decades on the outs, railing from the sidelines while their opponents controlled the agenda. However, it’s hard to think of a 24-hour period where any party has suffered so many self-inflicted disasters as the Republican Party experienced on Tuesday.

This beautiful run of disintegrating dignitas began on Monday evening when Senate Minority Leader Mitch McConnell spoke out to explain why the border security deal that had been negotiated over months was exactly what was needed to address “a humanitarian and security crisis of historic proportions.” Then he went behind closed doors three hours later to kill the bill on orders from Donald Trump. 

The morning opened to chaos. Sen. James Lankford, who had been McConnell’s chief negotiator on the bill, explained how it felt to be run over by a bus. McConnell, who once completely dictated the actions of Republicans in the Senate, was revealed as a sad puppet. The remaining Republicans were left stumbling over themselves, trying to justify sabotaging the best deal they’re ever going to get.

In hours Republicans took the issue at the heart of their 2024 campaign and turned it into an anchor that President Joe Biden will hang around their necks.

And their day only went downhill from there.

After a morning spent scrambling to create a reason for their actions that went beyond simple fear of Trump, Republicans got some troubling news about their golden ruler. The United States Court of Appeals for the District of Columbia took Trump to task with a 57-page decision that shredded any delusions about “absolute immunity.”

For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.

The unanimous decision was extensive and authoritative enough that experts are suggesting the Supreme Court might not consider Trump’s appeal, assuming Trump’s crack legal team manages to meet the short filing deadline provided by the appellate court.

But that was far from the end. Over on the House side of the Capitol, Republicans had cooked up the ridiculous impeachment proceedings against Homeland Security Secretary Alejandro Mayorkas for not being tougher on the border. Despite having just shot down a bill to get tougher on the border, they were determined to plunge blindly ahead under untested Speaker Mike Johnson.

Once again, Republicans learned that just because Nancy Pelosi made running a House vote look easy, that doesn’t mean it’s easy.

The reason Republicans were so eager to hold the vote on Tuesday evening was because they knew that Democratic Rep. Al Green was in the hospital after undergoing emergency abdominal surgery on Friday. Republicans hoped to take advantage of Green’s absence to give them a buffer against any Republican defections from their unjustified and patently ridiculous impeachment.

But with the vote already underway, Green appeared in a wheelchair to cast the decisive vote, putting the motion into a 215-215 tie. Johnson was forced to flip his vote to preserve the issue for a re-vote at a later date, resulting in a stunning and deeply embarrassing loss for the Republicans.

Democrat Al Green surprised Rs when he showed up for the Mayorkas impeachment vote tonight -- and ultimately helped Ds sink sink measure. (It will pass when when Scalise returns.) But Dem leaders were ready. "It was not a surprise," House Minority Whip Katherine Clark told me pic.twitter.com/HpyJbWBt75

— Manu Raju (@mkraju) February 7, 2024

And the night still wasn’t over.

Earlier in the week, Republicans had prepared a stand-alone aid package for Israel in hopes that they could avoid having to vote on the Ukraine assistance and border security bill they had demanded for months. Johnson tried to push the Israel assistance package through using an accelerated procedure that required two-thirds of the votes. 

Proving once again that counting is considered higher math for this Republican team, that bill also failed, falling over 30 votes short.

Republicans have suggested that House Majority Leader Steve Scalise, who missed the Tuesday night vote while undergoing cancer treatment, will be back on Wednesday so they can call a do-over. However, there is disagreement on this point.

Scalise’s office tells me his return “won’t be tomorrow” https://t.co/ZxyY0McK3S

— Morgan Phillips (@_phillipsmorgan) February 7, 2024

But if there is one thing this Republican-led House knows how to do, it’s hold one humiliating vote after another. So they will probably make it happen someday. 

But even after these two disastrous votes, the day still wasn’t over.

Soon after Johnson finally gaveled an end to fruitless efforts in the House, Republican National Committee Chair Ronna McDaniel announced that she was stepping down. McDaniel has been under heavy pressure from Trump for failing to keep the RNC coffers filled with cash. 

McDaniel is the niece of Sen. Mitt Romney, but she stopped using her family name at Trump’s request. Now he has essentially fired her. As usual, Trump’s idea of loyalty is strictly one-way.

Republicans are rolling into the new day with absolutely nothing to show for surrendering everything to Trump. The best bill they could have hoped to negotiate is gone, they didn’t get their sham impeachment, they didn’t get their Israel-without-Ukraine funding package, and the chair of the party is packing up to leave. Meanwhile, Trump is entering the day with a much greater chance that he will face criminal proceedings before the election.

There aren’t a lot of New York Times headlines that bear repeating, but this one works:  

And it’s only Wednesday.

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The war between Matt Gaetz and Kevin McCarthy is far from over

Posted on by Mark Sumner

The House Ethics Committee is conducting an investigation into Rep. Matt Gaetz that includes reaching out to a woman he reportedly had sex with while she was still a minor. CNN reported Thursday that this investigation is now expanding, with the committee seeking information from a former Capitol Hill staffer described both as Gaetz's “ex-girlfriend” and a “key witness.”

In CNN’s words, the investigation includes “allegations of sex crimes, drug use, and illicit benefits.” But Gaetz is reportedly adamant that the whole thing is just “payback” for his role in ousting former Speaker of the House Kevin McCarthy.

Despite the source, there may be some truth to Gaetz’s claims. McCarthy may no longer be in the House, but he is reportedly "out for blood" and going on a "revenge tour" to get back at Gaetz and others he feels betrayed him.

While members of the House Ethics Committee have declined to comment, an attorney for Gaetz’s ex-girlfriend informed CNN that she is a potential witness in the ongoing investigation. The woman’s relationship with Gaetz reportedly goes back to 2017, which is the same period in which Gaetz was reportedly involved in sexual contact with a 17-year-old girl. 

A federal probe into allegations that Gaetz was involved in sex trafficking ended in 2023, with no charges filed against Gaetz. That investigation was connected to a scheme involving Florida tax collector Joel Greenburg—a reported friend of Gaetz—who was sentenced to 11 years in prison for six federal charges including sex trafficking, identity theft, and wire fraud.

The House Ethics Committee resumed its investigation into Gaetz in June 2023, several months before McCarthy was ousted. According to private correspondence that The Daily Beast reviewed, Gaetz told a friend that his effort to undercut and remove McCarthy from the speaker position was payback for launching the ethics probe. Gaetz ultimately forced the vote that ousted McCarthy, and was obviously pleased with the outcome.

“We heard Speaker McCarthy say that he wanted us to ‘Bring it on!’ Gaetz told reporters after the vote ended McCarthy’s term as speaker. “So I guess we did.”

In addition to the satisfaction of seeing McCarthy sidelined, the move also seems to have generated an infusion of cash for Gaetz. According to Politico, six of the eight Republican House members who voted to oust McCarthy saw an increase in small-dollar fundraising over the next quarter. Gaetz had a quarter-over-quarter jump of $725,000 from donors giving under $200. 

In December, the angry and humiliated McCarthy resigned from the House. But even though Gaetz won the battle, McCarthy doesn’t seem to be finished with the war.

Vanity Fair describes McCarthy as “out for blood,” and Politico says he is overseeing an effort to find primary challengers for the “Gaetz Eight.”

The New Republic calls it McCarthy’s “revenge tour” and says he knows exactly who he is targeting first: Reps. Nancy Mace, Bob Good, and Eli Crane. McCarthy’s allies judge these three to be the most vulnerable. Mace may be at the front of the line because she is described as having been a member of McCarthy’s “inner circle” before she voted for his removal.

After being removed from office and resigning from the House, McCarthy may seem to be a less-than-fearsome opponent when it comes to launching a campaign of revenge. However, previous to his ouster, he was known as the Republican’s best fundraiser. According to The New Republic, McCarthy is still able to tap his donor network to power primary challenges to those against the Republicans on his hit list. There are even indications that McCarthy’s vengeance tour could continue beyond this election cycle, as he works his way through Gaetz’s supporters. 

Whether or not McCarthy is successful, the idea that the best Republican fundraiser is busy raising funds to take down Republican incumbents seems like a very good thing for Democrats, as well as another battle in the Republican’s intraparty warfare. 

Maybe McCarthy should pick up a yellow jumpsuit and a katana.

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EMILY's List has been devoted to electing pro-choice Democratic women for 40 years, a mission that's grown only more critical since the fall of Roe. Joining us on "The Downballot" this week is Christina Reynolds, one of EMILY's top officials, to tell us about how her organization recruits, supports, and advises women candidates at all levels of the ballot nationwide. Reynolds explains the unique challenges women face, from a lack of fundraising networks to judgments about their qualifications that never seem to stick to men. She tells us how Dobbs has—and hasn't—changed campaigning for EMILY's endorsees and spotlights a wide range of key races the group is involved in this year.

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Democrats are blowing up House GOP efforts to take down Biden

Posted on by Mark Sumner

By now, anyone tuning into a House Oversight Committee or House Judiciary Committee hearing knows what to expect. With frequent slams of the gavel by their respective chairs, Republicans plod through repetitive attacks on President Joe Biden or waggle their fingers about some salacious claim including the phrase “Hunter Biden’s laptop.” Democrats try to object and occasionally insert a fact. But the next Republican is at the mic five minutes later, once again hammering the same lies.

At least that’s how it used to be. But anyone who has tuned in recently may have noticed a big change.

Democrats aren’t just tearing Republican arguments apart: They’re derailing hearings and getting their opponents genuinely flustered. The recent hearing in which Republicans intended to charge Hunter Biden with contempt for declining to testify behind closed doors is a good example. Not only did Hunter make a brief personal appearance and offer to testify right then and there in public, but Democrats were able to consistently throw Republicans off their game, blow away false evidence, expose their hypocrisy, and even hammer Donald Trump.

If all that seemed like it took a lot of behind-the-scenes planning, it did. But it won’t be the last time. Because as The Daily Beast reports, Democrats have a plan to make these hearings just as silly as the claims Republicans are making about Biden.

As soon as they gained control of the House in 2023, Republicans launched a series of supposed investigations into President Biden. And his children. And his brother. And anyone else they can lump in to the “Biden Family Investigation.”

For months, Rep. James Comer, who is heading up investigations in the House Oversight Committee, and Rep. Jim Jordan, who has the same role for the House Judiciary Committee, have been releasing false claims and mischaracterizing innocuous issues like a father loaning his son money for a car payment. But Republicans didn’t let having zero evidence stop them from announcing an impeachment inquiry in December.

The investigations have a clear goal: to reduce Biden’s chances of reelection and to signal to Trump that they’re trying to get revenge for his two impeachments. Republicans likely feel like these endless investigations worked well for them before the 2016 elections, when they spent two full years hectoring former Secretary of State Hillary Clinton about Benghazi.

But this time around, the whole thing, whether it’s Republicans badgering an art dealer who sold some of Hunter’s paintings, a disappearing informant, or flashing revenge porn on the floor of the House, has been ridiculous from start to finish. The House GOP has been on a year-long fishing expedition featuring a level of obsession that would embarrass Captain Ahab, and they haven’t even found a minnow.

As Republicans ramped up the Biden attacks, Democrats responded. Rep. Jamie Raskin put together a “Truth Squad” that includes Reps. Greg Casar, Jasmine Crockett, Maxwell Frost, Daniel Goldman, and Jared Moskowitz. If some of those names sound familiar, it’s because they’ve been front and center in disrupting Republican plans.

It was Crockett who forcefully kicked off a confrontation with Rep. Nancy Mace who, on a committee where every Republican member is white, accused Hunter Biden and Democrats of engaging in “white privilege.” Crockett forced Mace to try and defend her indefensible remarks, and then Rep. Alexandria Ocasio-Cortez slammed the gate closed by pointing out how Mace voted to eliminate the House Subcommittee on Civil Rights.

As The Daily Beast article highlights, Moskowitz was on hand with a poster showing a chummy photo of Trump and sex trafficker Jeffrey Epstein when it seemed that Rep. Marjorie Taylor Greene was going to once again show nude pictures of Hunter Biden. “You come up here and talk about Hunter Biden’s behavior and you’re so disgusted,” said Moskowitz, “but the guy that you all kneel to associates himself with a pedophile.”

Those quick responses, along with Hunter Biden staring down Republicans from the visitor section, became the most viral moments from the hearing. Put together with sharp responses from other Democrats who refused to play Comer’s game, Republicans were left looking like this:

MAGAt House hearing. A picture is worth 1 MILLION words. EVERY hearing Comer has had, has been a disaster. Hunter Biden showed up at the hearing and spooked the MAGAts. Then they got a tongue lashing from @RepRaskin @RepJaredMoskowitz @RepJasmine Comer knew it was a disaster! pic.twitter.com/mRSCu5am0j

— Charm | DEMOCRATS deliver & NO CHAOS! 🇯🇲 💙🌊 (@CharmRobinson3) January 10, 2024

The best thing to come from all this is that Raskin and the Democrats have been joined by a new set of critics attacking Comer and his pointless investigation. As Kerry Eleveld reported earlier, Republicans are none too happy that this absurd “investigation” has gone on so long and come up so dry.

“James Comer continues to embarrass himself and House Republicans. He screws up over and over and over," said a source identified as "close" to House GOP leadership, who appeared to be playing CYA for the leadership team. The source's big fear was that Comer would ultimately fail to provide the foundation necessary (i.e. evidence) to follow through with impeaching Biden.

These anonymous Republicans don’t seem to be seriously considering that maybe Comer is failing not because he’s incompetent (or at least, not only because he’s incompetent) but because Joe Biden did nothing wrong. But then, they are Republicans. They’re used to having leaders whose closets are jam-packed with skeletons.

Republicans are trying to repeat their perceived success with Benghazi, but this time Democrats know the game and they have a plan to disrupt it. That plan isn’t necessarily convincing Republicans that Biden did nothing wrong, but it sure is making these hearings more fun to watch.

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Trump attorney defends the right to assassinate political opponents

Posted on by Mark Sumner

On Tuesday morning, attorneys for Donald Trump appeared in the U.S. Court of Appeals for the District of Columbia Circuit to argue that Trump can’t be prosecuted for his acts in attempting to overthrow the 2020 election. Rather than trying to weave some complex legal theory under which recruiting false electors and spreading claims of election fraud is a presidential duty, Trump attorney John Sauer took a decidedly more radical approach.

According to Sauer, a president can do just about anything without facing criminal prosecution unless they are first impeached on the same charge. It was an approach that led to some decidedly jaw-dropping back and forth with the panel of appellate judges.

Judge Florence Pan: Could a president order SEAL Team Six to assassinate a political rival? That is an official act, an order to SEAL Team Six?

Sauer: He would have to be, and would speedily be impeached and convicted before the criminal prosecution.

Pan: I asked you a yes or no question.

Sauer: If he were impeached and convicted first.

If that sounds like Trump’s attorney saying a president could order a hit on a political opponent and never face prosecution unless his own party supported his impeachment, that’s exactly what he said.

Could a president sell pardons? Yes, according to Sauer. Could a president sell military secrets to a foreign government? Sauer tried to weasel out of giving a simple answer to any of the hypotheticals thrown his way, but eventually went back to his central theme: A president has total immunity from all prosecution, civil and criminal, unless they are first charged in the House and impeached in the Senate.

Not only was this a position so extreme that even former Trump attorney Ty Cobb wrote to the court to oppose this view, but it turned out to be a wee bit contradictory to a position that Trump held when he was actually facing impeachment.

In 2021, Trump argued that there was no need for a last-minute impeachment since he could always be prosecuted later. Now Trump is attempting to use his party’s failure to vote for his impeachment as a guarantee that he can’t be prosecuted.

Pan: Say the president was impeached and convicted on a charge of incitement of insurrection. Then the government could bring a prosecution for the same or related conduct?

Sauer: Correct.

Again, I can't WAIT for the reports of how Trump is taking this -- his attorney arguing that Biden can assassinate him.

— emptywheel (@emptywheel) January 9, 2024

At the close of Sauer’s presentation, Pan made it clear that everything in Trump’s case hinged on this interpretation that any charges required an impeachment first.

“That is, if he’s correct that the impeachment judgment clause includes this impeachment first rule, then he wins,” Pan said, “and if he’s wrong, if we think the impeachment judgment clause does not contain an impeachment first rule, then he loses.”

Sauer agreed with the statement.

But the best summary of Sauer’s argument may have come from Judge Karen Henderson. “I think it is paradoxical to say that his constitutional duty to take care of the laws be faithfully executed allows him to violate criminal law,” Henderson said.

The arguments in court followed a midnight social media appearance from Trump in which he delivered a string of false accusations against President Joe Biden. This included claims that all the state and federal charges leveled at Trump were on Biden’s orders.

Following the hearing, which Trump attended, his attorneys were back with a repeat of those same false claims. They threatened that unless Trump gets complete immunity, Biden could be prosecuted just because the DOJ brought charges against Trump.

Lauro: Joe Biden could be prosecuted from trying to stop this man from becoming the next president of the United States. pic.twitter.com/AeXXc5d8az

— Acyn (@Acyn) January 9, 2024

Or, to put it another way …

So far, Trump's lawyer's argument comes down to: If you prosecute Trump, we'll come after you, whether what you've done is crimes or not, and we'll do it in Texas with a Texas jury.

— Joyce Alene (@JoyceWhiteVance) January 9, 2024

Arguments on Tuesday were related to the four-count indictment special counsel Jack Smith filed against Trump in connection with his efforts to overturn the 2020 results. The trial in that case is slated to begin on March 4, but U.S. District Court Judge Tanya Chutkan has put further hearings on hold until the issue of immunity is resolved.

Whatever happens at the appellate level, the results are almost certain to be immediately appealed to the Supreme Court.

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Everyone is picking on poor little Jimmy Comer

Posted on by Mark Sumner

House Oversight Committee Chair James Comer should be celebrating. After all, he got what he wanted for Christmas on Wednesday when the House, in a party-line vote, handed him a no-evidence-required impeachment inquiry against President Joe Biden. Considering that all Comer has done since he took control of the committee is sift through the bank accounts of Biden family members, their friends, families of their friends, and friends of those friends, the House bill might as well have been stuffed straight into his … stocking.

But in an interview with Fox News on Thursday morning, Comer seemed more than a bit depressed. First, when asked about his best evidence that Biden might have done something wrong, Comer didn’t mention anything that he had come up with in his months of scanning bank accounts and going through over 100,000 documents. Instead, he repeated false claims that Rudy Giuliani brought back from Ukraine in 2019. Lies that were almost immediately debunked and that were thoroughly discredited again during Donald Trump’s first impeachment.

Fox News host Maria Bartiromo first asked Comer about an Associated Press story concerning his shell company, a piece of property that’s kept in his wife’s name, and some extremely shady connections. Comer insisted that the Associated Press is financially illiterate because this isn’t a shell company at all. It’s a land speculation LLC. Totally different thing.

Daily Kos has covered Comer’s not-a-shell-company before, including a series of land swaps among his family that definitely seem less than above board.

Much of Comer’s business activity seems to follow inheriting land in Kentucky following his father’s death in 2019. But exactly what happened with that land is the opposite of transparent. In one case, Comer reportedly sold his interest in a piece of land to his brother, then bought it back five months later, slipping his brother $18,000 in the process. That purchase ran through a shell company owned by Comer, the value of which doubled in two years. That company appears to have dealt exclusively with agricultural land deals at a time when Comer was on the House Agriculture Committee.

Of course, we did use the term “shell company.” Comer wants to pretend it’s not a shell company, because it controls all of six acres, so it has assets. But those six acres (now five, since one acre has since been sold off) are only a small fraction of the value that runs through this shell company.

But Comer’s ridiculous claims and finger-pointing at Biden seems to satisfy Bartiromo, who then turned to an even more critical question.

“Do you think that this is the media trying to begin to muddy up Republicans,” asked the Fox host, “or continue to muddy up Republicans because you are getting so close to your target that you have actually been able to release all this evidence on the Biden family? That now the White House is maybe calling media to try and plant these stories?”

Bartiromo casually tosses out a conspiracy theory that "the White House is calling media" to plant negative stories about Comer pic.twitter.com/3AQFnoyw2E

— Aaron Rupar (@atrupar) December 14, 2023

Comer was quick to not just agree but to elaborate on this conspiracy theory. “It comes from the White House. They have their own war room. They have two dozen people we’re paying tax dollars in there so they can attack the investigators.”

Comer went on to complain about the media attacking him and Rep. Jim Jordan, who chairs the House Judiciary Committee. “This is the biggest public corruption scandal of my lifetime,” Comer said.

Things are so bad that Comer is even afraid to go on “Fox & Friends.” According to The Hill, Comer declared that he wouldn’t return to the show after co-anchor Steve Doocy said that Comer’s investigation had “got a lot of ledgers and spreadsheets, but they have not connected the dots.” Which is the truth. But then, Comer’s relationship with the truth is like the connection between vampires and sunlight.

And after all, it’s not as if Comer has ever done anything wrong. Such as sending this note to a legitimate whistleblower seeking to report sexual abuse when Comer was in the Kentucky legislature.

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Hunter Biden surprises Republicans by showing up at Capitol to do the one thing they didn’t want

Posted on by Mark Sumner

Hunter Biden was scheduled to appear before a House committee on Wednesday and answer questions in a closed-door session. Instead, President Joe Biden’s son did the one thing that Republicans were desperately trying to avoid: He spoke in public.

Hunter has offered to appear before the House Oversight Committee in an open public session. He offered to testify on Wednesday or on any day that the committee’s chair, Rep. James Comer, might suggest. But Comer was horrified by the idea. He and the other Republicans on the committee want Hunter in a closed session so they can bury any exculpatory evidence, selectively leak fragmented quotes to feed their baseless "impeachment inquiry," and release carefully edited snippets of themselves haranguing the president’s son for their 2024 campaigns.

Expectations were that Hunter Biden would not show today, but he surprised everyone by appearing, though not in the star chamber that Republicans wanted. Instead, he stepped in front of the U.S. Capitol—and the cameras—to speak openly to the public. And Republicans will be upset about what he had to say.

“I’m here today to see that the House committees’ illegitimate investigations of my family do not proceed on distortions, manipulated evidence, and lies,” said Hunter Biden. “And I’m here today to acknowledge that I’ve made mistakes in my life and wasted opportunities and privileges I was afforded. For that, I am responsible. For that, I am accountable. And for that, I’m making amends.”

YouTube Video

His appearance on Capitol Hill drew widespread press attention. Even Fox News ended up running a portion of what he had to say, though their YouTube clip of his remarks cut off his opening words.

“For six years, MAGA Republicans, including members of the House committees who are in a closed-door session right now, have impugned my character, invaded my privacy, attacked my wife, my children, my family, and my friends,” Hunter continued. “They’ve ridiculed my struggle with addiction, they’ve belittled my recovery, and they have tried to dehumanize me—all to embarrass and damage my father, who has devoted his entire public life to service.”

In describing the actions of Reps. Comer, Jim Jordan, and other Republicans on the committees, Hunter pulled no punches.

“They have lied, over and over, about every aspect of my personal and professional life—so much so that their lies have become the false facts believed by too many people,” he said. As he went on listing some of the actions Republicans have taken in their efforts to demean and degrade him, he reached a point where he became clearly emotional. “They have taken the light of my dad’s love, the light of my dad’s love for me, and presented it as darkness. They have no shame.”

Hunter’s statement is absolutely worth listening to in full. It effectively rebutted both the nature and the content of the House proceedings on a day when Republicans intend to turn their mock investigation into a formal impeachment inquiry.

To say that Republicans weren’t pleased about having their game laid out in public is putting it mildly. Jordan and Comer hustled out to give an erratic press conference and threaten Hunter Biden with contempt proceedings.

Jim Jordan big mad over Hunter. pic.twitter.com/m7z1vBl4Tt

— Ron Filipkowski (@RonFilipkowski) December 13, 2023

And if it weren’t clear enough that this was all about trying to grab back some camera time, Rep. Marjorie Taylor Greene decided to sleaze her way in. The result was an abrupt end to the hallway gathering as even Jordan and Comer tried to run from Greene’s Pizzagate-level conspiracy theories.

Marge Greene tries to butt into Comer and Jordan’s press conference and Jordan cuts her off and they walk away. pic.twitter.com/D5h4Sa1dUq

— Ron Filipkowski (@RonFilipkowski) December 13, 2023

Hunter Biden’s surprise appearance was a broadside into Republicans’ planned day of waving false evidence and preparing for a vote to relabel their fishing expedition as a formal impeachment inquiry. They should be ashamed, but as Hunter said, “They have no shame.”

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House Republicans to hold vote formalizing Biden impeachment inquiry

Posted on by Mark Sumner

After months of dedicated sleuthing by Rep. James Comer, Republicans have determined that President Joe Biden sometimes loans money to members of his family, and members of his family pay him back. That’s enough for Republicans to begin impeachment proceedings.

The vote on Wednesday will not mean that Biden is impeached. Instead, it will only put a formal stamp of approval on the work three Republican-led committees have conducted for the last year. That means Comer can continue waving around bank records showing that Hunter Biden paid back his father for a truck downpayment as if they are important. Rep. Jim Jordan can continue to chase Rudy Giuliani’s droppings and lie about activities in Ukraine that were debunked years ago. Only now both of them will officially be part of an impeachment inquiry instead of … whatever they’ve been doing all along.

While this proceeding won’t mean Biden has been impeached, that’s definitely where Republicans are going. Not because they have any evidence of wrongdoing, but because they want to please Donald Trump and give him ammunition for the upcoming election.

As The New York Times reports, despite having obtained 36,000 pages of bank records, Republicans have found no evidence that Joe Biden was enriched by the overseas business dealings of his son or any other family member. Republicans are left looking at $240,000 in money that Biden provided to other members of his family, which they paid back.

That’s it. That’s what they have on Biden.

None of that matters, because Republicans have already admitted why they are doing this. Rep. Troy Nehls told USA Today that they want to give the twice-impeached Trump “a little bit of ammo to fire back” and say that Biden was also impeached.

Rep. McGovern: "Trump says jump, the MAGA extremists say 'how high?' Donald Trump asks them to impeach Joe Biden, and here we are ... when this is all over, I'm confident that the American people will overwhelmingly agree that this whole impeachment stunt is a national disgrace." pic.twitter.com/qiR2T15a0A

— Aaron Rupar (@atrupar) December 12, 2023

Some Republicans will vote for this proceeding because they want to please Trump. Some will vote because they are terrified of Trump. Even the headline of The New York Times article gives the game away: “House set to approve Biden impeachment inquiry as it hunts for an offense.” They don’t have evidence of wrongdoing. They don’t even know what charge they are going to lay against Biden.

They just know they have to make some charge—because this vote isn’t about Biden at all. It’s about Trump.

Leader Jeffries: This impeachment inquiry is happening because the puppet-master-in-chief, former twice impeached so-called President of the United States has ordered them to launch it as a political hit job on President Biden pic.twitter.com/3S2aCbHiNx

— DNC War Room (@DNCWarRoom) December 13, 2023

As Joan McCarter wrote yesterday, Republicans in the House are scrambling to announce themselves as loyal foot soldiers for Trump. Only one Republican representative, Freedom Caucus member Ken Buck of Colorado, is willing to write, “Republicans in the House who are itching for an impeachment are relying on an imagined history.”

Months of witnesses. A hundred-thousand pages of documents. And Republicans have still come up empty.

It’s almost as if Joe Biden is an honest man who has spent his life in service to his nation. And it’s almost as if Republicans don’t care about that. They only care about showing their allegiance to a man who has already been found guilty of fraud and who is currently facing 91 felony charges.

According to the house schedule, votes on formalizing the impeachment inquiry will be held around 5 PM ET.

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Carlson turns a sober warning of Russian threat into a false claim of extortion

Posted on by Mark Sumner

Speaking before Congress on Tuesday, Defense Secretary Lloyd Austin warned the House Foreign Affairs Committee that failing to stop Russia in Ukraine could mean much greater costs in the future. That included the possibility of deploying U.S. troops to Europe should Putin invade a NATO ally.

Republican representatives present at the event seemed to get it. As The Messenger reports, House Foreign Affairs Chairman Michael McCaul understood Austin’s warning. “If [Vladimir] Putin takes over Ukraine, he'll get Moldova, Georgia, then maybe the Baltics,” McCaul said following the briefing. He noted that the idea of more troops on the ground in Europe was “what we're trying to avoid."

However, by Thursday, fired Fox News pundit and Putin supporter Tucker Carlson had distorted Austin’s words into what Carlson insisted was an attempt at extorting further aid for Ukraine. Writing on X (formerly Twitter), Carlson claimed that Austin threatened to send “your uncles, cousins and sons to fight Russia” unless more money was handed over to Ukrainian President Volodymyr Zelenskyy. Not surprisingly, every word of this was a lie—a lie even Fox News has debunked.

Fox’s chief national security correspondent Jennifer Griffin responded that Carlson’s claim was “100 percent not true.” What Austin said was what many officials have said from the outset: Failing to stop Russia in Ukraine invites Putin to expand his ambitions to other countries in Europe.

None of the language that Carlson used in his post has been confirmed by any other source. That didn’t stop X owner Elon Musk from wading in to reply, asking Carlson, “He really said this?” to which Carlson replied, “He really did. Confirmed.”

Except no. Had Austin actually said this before a Republican-led House committee, Congress members would have emerged from the room boiling mad, and it would have been the major story of the day. They didn’t, and it wasn’t, because Austin never made the statement Carlson claims.

In May, USA Today produced a timeline of Carlon’s extensive love affair with Russia. It includes such highlights as Carlson claiming that American liberals hate America more than Putin and claiming that reporters interfered in the 2016 election more than Russia because they released “the Access Hollywood tapes.” And there’s this:

YouTube Video

Carlson is now deliberately attempting to fuel conspiracy theories around U.S. support for Ukraine and weaken the Ukrainian military. As Carlson was posting his false claims, Austin was in Ukraine, where he spoke with Zelenskyy and informed him that no more assistance was forthcoming unless Congress appropriated additional funds.

Warnings like the one Austin delivered in Congress have been a constant feature of military analysis since the illegal, unprovoked invasion of Ukraine began on Feb. 24, 2022. As NATO Review made clear in July 2022, “Putin’s regime has chosen confrontation with the ‘collective West,’ irrespective of the costs for Russia itself.”

Russian leadership has threatened that the war will continue into Poland, the Balkans, and even Germany and the U.K. Putin wants to crush the West, write his name in the history books, and restore the Russian empire.

What Austin said isn’t extortion, or even controversial. If Putin is allowed to benefit from an illegal invasion, he will do it again. Right now, the Ukrainian army is doing an amazing job of smashing Russian forces and destroying thousands of tanks, armored vehicles, and aircraft. But they are fighting an enemy that vastly outnumbers them in manpower, equipment, and wealth. They cannot succeed without sustained assistance.

If he wins in Ukraine, Putin will next bring the war to an allied nation that the U.S. has sworn to defend using our own forces. The cost of that will be vastly greater than anything being provided to Ukraine and if Congress doesn’t act, that’s where the world is headed.

That’s not extortion: That’s the truth. And it’s why Russian state media is thrilled about what Republicans have been doing to block funding for Ukraine—and why Putin has sent his congratulations to Republicans for their work in blocking Ukrainian assistance.

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Ken Paxton issues threats to hospitals after abortion ruling

Posted on by Mark Sumner

Only hours after a judge issued a ruling allowing a Texas woman facing a nonviable, life-threatening pregnancy to seek an abortion, Texas Attorney General Ken Paxton stepped in to threaten hospitals and doctors with both civil and criminal penalties if they comply with the judge’s ruling.

Kate Cox is a 31-year-old mother of two who was initially excited to discover she was pregnant with her third child. Several weeks into her pregnancy, Cox’s doctors informed her that the fetus had full trisomy 18, a chromosomal condition linked to abnormalities in many parts of the body. Not only does this create a high risk of either stillbirth or miscarriage, but continuing the pregnancy places Cox at high risk of a uterine rupture. This is a serious threat to her health and would imperil her ability to carry another child in the future.

Under Texas’ draconian abortion ban, even someone facing such extreme circumstances as Cox has few options. However, she went to court to seek relief, and as The Texas Tribune reports, Travis County District Judge Maya Guerra Gamble handed down a temporary restraining order that would allow Cox to obtain an abortion. However, Paxton wrote to three Houston-area hospitals within hours, threatening any facility or doctor who provides Cox with medical relief.

Under the current Texas abortion ban, abortions are permissible after six weeks of gestation only if the life of the mother is threatened. In Cox’s case, there is a possibility she could die as a result of continuing the pregnancy. However, the greater threat is to her long-term health.

Even if there are no further complications, the child will either be stillborn or suffer extensive abnormalities leading to rapid death. There is also a high likelihood of a miscarriage. Because Cox's previous two children were delivered via cesarean, a miscarriage at this point in her pregnancy creates a threat of uterine rupture, which would harm her future fertility.

In her ruling, Gamble wrote, “The Court finds that Ms. Cox’s life, health, and fertility are currently at serious risk. The longer Ms. Cox stays pregnant, the greater the risks to her life.”

In Paxton’s letter to three Houston-area hospitals, he calls Gamble an “activist” judge and claims she is unqualified to determine whether Cox faces a life-threatening situation. Paxton tells the hospitals that the temporary restraining order issued by Gamble “will not insulate you, or anyone else, from civil and criminal liability for violating Texas’ abortion laws, including first degree felony prosecutions.”

Additional threats are aimed specifically at Dr. Damla Karsan, who has been identified as the doctor offering to perform the abortion procedure. “We remind you that the [temporary restraining order] will expire long before the statute of limitations for violating Texas’ abortion laws expires,” Paxton writes.

In September, despite clear evidence of his guilt, Paxon was acquitted in an impeachment trial before the Texas Senate. He still faces a federal investigation into the corruption charges at the heart of that impeachment.

According to the Texas Tribune, Cox burst into tears as Judge Gamble handed down her decision on Thursday. Cox issued a statement, saying, “It is not a matter of if I will have to say goodbye to my baby, but when. I’m trying to do what is best for my baby and myself, but the state of Texas is making us both suffer.”

Paxton is doing everything in his power to make sure that suffering continues.

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