Category: EricSwalwell

Morning Digest: Michigan Democrats retake House majority, clearing way for progressive priorities

Posted on by Daily Kos Elections

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

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Leading Off

● MI State House: Michigan Democrats successfully defended a pair of vacant state House seats in the Detroit suburbs on Tuesday, restoring the outright majority the party won in 2022. With Democrats, who also hold the governorship and state Senate, back in full control of state government, the party once again has the opportunity to advance its agenda.

In one of Tuesday's specials, Westland City Councilman Peter Herzberg defeated Republican Josh Powell 60-38 in the 25th District, which, according to data from Dave's Redistricting App, backed Joe Biden 59-40 in 2020.

Meanwhile, Macomb County Commissioner Mai Xiong likewise beat Republican Ronald Singer 66-34 in the 13th District, which went for the president 64-35. Xiong's win makes her the first Hmong American elected to the state House.

Both seats became vacant following last November's local elections when a pair of Democrats, Kevin Coleman of Westland and Lori Stone of Warren, resigned after being elected mayor of their respective communities. While there was little question that Democrats would win the special elections, Coleman and Stone's absences meant that the 110-chamber would be tied 54-54 for several months.

Democrat Joe Tate remained speaker during the ensuing time, but his party was unable to pass legislation without Republican support. This state of affairs, however, has changed now that Herzberg and Xiong have prevailed and restored Democrats to a 56-54 edge (they also have a 20-18 advantage in the Senate).

Despite their narrow majorities, Democrats passed an ambitious agenda last year, which included repealing anti-union "right to work" laws, reversing a 1931 abortion ban, and protecting the rights of LGBTQ+ people. Their hopes for the coming year are similarly far-reaching.

One major goal will be the passage of the $80.7 billion state budget that Democratic Gov. Gretchen Whitmer is touting as a way to provide both free preschool and community college. The House will also have the opportunity to approve a voting rights package to improve access to the ballot box for people of color, voters with disabilities, and people who rely on a language other than English.

While the governorship and state Senate aren't up until 2026, Democrats must once again defend their narrow majority in the lower chamber this November. That task got a bit more complicated this year when a panel of federal judges approved a new map for the state House drawn by Michigan's independent redistricting commission to replace one the court determined improperly factored in race.

The partisan impact of this shift was limited, as Donald Trump would have won the same 56-54 majority of districts under both sets of maps. Xiong, though, will likely be in for a considerably tougher contest this fall than she was on Tuesday: While Biden easily carried the version of the 13th District she won this week, the revamped version favored him just 50-48.

Election Recaps

● AL-02: Former Justice Department official Shomari Figures defeated state House Minority Leader Anthony Daniels 61-39 in Tuesday's Democratic primary runoff for Alabama's revamped 2nd District. 

Figures' nomination in this seat, which now takes in Mobile, Montgomery, and the eastern Black Belt, came after the crypto-aligned super PAC Protect Progress spent another $900,000 to support him in the second round of voting. The group previously deployed over $1.7 million to promote Figures ahead of the March 5 primary, which saw him lead Daniels 43-22.

Figures will be favored in the general election against attorney Caroleene Dobson, who won the GOP runoff by beating former state Sen. Dick Brewbaker by a 58-42 margin. The new version of the 2nd, which was put in place by a federal court, is now a plurality Black district that would have backed Joe Biden 56-43.

Republican Rep. Barry Moore last year all but acknowledged his redrawn seat was unwinnable for his party when he decided that, rather than seek reelection to the new 2nd, he'd challenge fellow incumbent Jerry Carl in the dark red 1st. (Moore won 52-48 last month.)

With Democratic Rep. Terri Sewell poised to easily hold the reliably blue 7th District around Birmingham, a win for Figures in November would give Alabama two Black members of Congress for the first time. It would also be the first time that Democrats have held two House seats in Alabama since Republicans secured their current 6-1 advantage following the 2010 red wave.

Figures, who hails from a prominent political family in Mobile, would also be the first African American to represent this Gulf Coast city in Congress since the 1870s. Two of the three Black representatives who held office during Reconstruction, Republicans Benjamin Turner and Jeremiah Haralson, won Mobile-based seats; the third, James Rapier, represented an area around Montgomery and Dothan.

In addition, Figures would be the first Democrat to represent Mobile in the House since the early 1960s, a time when segregationist Democrats still held a monopoly on power in the state. The last Mobile-based Democratic congressman was Frank Boykin, a conservative Dixiecrat who won what was then numbered the 1st District in a 1935 special election.

Boykin's status was threatened, though, after the state lost one of its nine House seats following the 1960 census and the legislature failed to approve a new map in time for the 1962 elections.

All nine members of the House delegation, which had been all-Democratic since the turn of the century, ended up competing in a statewide primary for eight at-large seats, and Boykin was the unlucky incumbent who took last place. (He was convicted on corruption charges the next year, but President Lyndon Johnson later pardoned the former congressman.)

New districts were approved for the 1964 elections, but Republicans had begun making inroads in the state by emphasizing their opposition to civil rights for African Americans. Republican Jack Edwards decisively won the open 1st District around Mobile as the GOP, aided by Barry Goldwater's landslide win over LBJ in Alabama, secured four other House seats. While the GOP lost two of its new members in 1966, it continued to hold the 1st District throughout the ensuing decades.

Alabama's current court-drawn map, however, means that, for the first time since Boykin's era, most voters in Mobile will soon likely have a Democratic congressman. About 90% of the city is located in the new 2nd District, according to data from Dave's Redistricting App, while the balance is contained in the 1st.

And while the GOP's hold on the 1st District, which would have favored Donald Trump 74-24 in 2020, isn't at risk, the new boundaries were bad news for one Mobile-area Republican. Carl, a former member of the Mobile County Commission, lost his March 5 primary to Moore, a colleague whose base is in the more rural Wiregrass region to the east. 

Senate

● MD-Sen: A new survey for OpinionWorks shows former Republican Gov. Larry Hogan leading his two prospective Democratic foes, Rep. David Trone and Prince George’s County Executive Angela Alsobrooks, 53-40 and 54-36, respectively. The poll, which was conducted for The Baltimore Sun, FOX45, and the University of Baltimore, did not include presidential numbers in Tuesday's release.

A pair of March polls from Braun Research conducted for two different sets of clients also showed Hogan ahead in general election matchups, though they disagreed just how well he was doing in this dark blue state.

The early March numbers for the Washington Post and the University of Maryland placed the Republican ahead of Trone and Alsobrooks by margins of 49-37 and 50-36, which is similar to what OpinionWorks now finds. But a survey conducted later in the month for Goucher College and the Baltimore Banner showed Hogan edging out Trone just 43-42 and leading Alsobrooks by an only slightly larger 44-40 spread.

OpinionWorks also looks at both parties' May 14 primaries. On the Democratic side, Trone enjoys a 48-29 edge over Alsobrooks, which is larger than what other recent polls have shown. The firm also gives us a rare glance at the GOP side, where Hogan is crushing wealthy perennial candidate Robin Ficker 69-9.

● NJ-Sen: A state court judge ruled on Monday that election officials in New Jersey could continue to print ballots for the Republican primary that award special placement to party-endorsed candidates, saying it was "too late" to change course. Previously, a federal judge forbade Democrats from using ballots organized in this way and instead said candidates had to be grouped by the office they're seeking.

However, even though that federal court ruling applied only to Democratic primaries, Superior Court Judge John Harrington suggested that Republicans should have followed suit in eliminating the so-called "county line." The federal case is currently being appealed, and it's possible that the 3rd U.S. Circuit Court of Appeals could extend the lower court's ruling to include the GOP.

● NV-Sen: Former diplomat Jeff Gunter is airing his first TV ad against Army veteran Sam Brown ahead of the June 11 Republican primary, though it's anyone's guess how much he's actually spending to get it on the air. Gunter said two weeks ago he'd be deploying a total of $3.3 million on ads for the rest of the contest, but as of Friday, AdImpact reported he'd booked only $654,000.

The new spot accuses Brown of being aided by "dirty cash from Mitch McConnell, the swamp king himself." Brown is the NRSC's endorsed candidate to take on Democratic Sen. Jacky Rosen.

● DSCC: The Democratic Senatorial Campaign Committee announced Tuesday that it had reserved a total of $79 million for TV, radio, and digital ads in races across the nation. The news came after its allies at Senate Majority PAC booked what Politico's Burgess Everett says is now $239 million in several battlegrounds.

Everett writes that a large portion of the DSCC's reservation is budgeted toward TV ads in three Democratic-held seats in swing states: $11 million is going to defend Michigan's open seat, while Wisconsin Sen. Tammy Baldwin will receive $10 million in support and Pennsylvania Sen. Bob Casey will benefit from $8 million.

Another $2 million is being devoted to radio buys to help Montana Sen. Jon Tester, but we don't know yet how the remaining $48 million is being assigned. Everett says "seven-figure digital advertisements" will be used in the above states as well as in Arizona, Florida, Nevada, Ohio, and Texas. (Florida and Texas are held by GOP incumbents Rick Scott and Ted Cruz.) An unnamed DSCC aide says some money will also be directed toward coordinated buys with candidates.

Governors

● IN-Gov: Campaign finance reports are in for the first quarter of the year, and the Indianapolis Star's Kayla Dwyer has collected the numbers from all the notable Republicans competing in the May 7 primary for governor:

  • Businessman Eric Doden: $4.4 million raised, $251,000 cash on hand
  • Sen. Mike Braun: $2.9 million raised, $946,000 cash on hand
  • Former state Commerce Secretary Brad Chambers: $1.5 million raised, additional $3 million self-funded, $761,000 cash on hand
  • Lt. Gov. Suzanne Crouch: $1.4 million raised, $3.1 million cash on hand
  • Former Attorney General Curtis Hill: $201,000 raised, $34,000 cash on hand

Dwyer notes that Doden received $3 million in donations and loans from his parents, which represents most of the money he brought in. Braun, for his part, took in $1 million from Richard Uihlein, who is one of the most prolific conservative megadonors in the country.

● VA-Gov: Democratic Rep. Abigail Spanberger publicized an endorsement on Tuesday from Clean Virginia, a prominent environmental group that the Richmond Times-Dispatch says spent almost $12 million in last year's legislative races.

That effort included several 2023 Democratic primaries where Clean Virginia's candidates opposed contenders supported by Dominion Energy. Clean Virginia helped Lashrecse Aird deny renomination to Dominion's ally, conservative state Sen. Joe Morrissey, while it was on the winning side against two other upper chamber candidates backed by the mammoth energy producer. Dominion, though, successfully defended two Democratic state senators against Clean Virginia-supported challengers.  

Spanberger faces Richmond Mayor Levar Stoney in next year's Democratic nomination contest to replace GOP Gov. Glenn Youngkin, who is barred from seeking a second consecutive term. Spanberger ended 2023 with a wide $3.6 million to $758,000 cash on hand advantage, but since fundraising reports covering the first six months of the year won't be available until July 15, we'll need to wait a while for updated numbers.

House

● CO-05: State Sen. Bob Gardner said over the weekend that election officials informed him that he'd failed to submit enough signatures to make the June 25 Republican primary ballot. Gardner, who is termed out of his current job, acknowledged his congressional campaign was over to Colorado Politics. "I've always believed there's more to life than the next political office," he said, "so there's many opportunities to serve."

Gardner's involuntary departure makes the primary to replace retiring GOP Rep. Doug Lamborn a two-way duel between state party chair Dave Williams, who has Donald Trump's backing, and conservative radio host Jeff Crank, who has Speaker Mike Johnson in his corner. Crank decisively outraised Williams $302,000 to $68,000 among donors during the first quarter of the year, though Williams self-funded an additional $103,000. Crank finished March with a $228,000 to $166,000 cash advantage.

Both candidates have an unhappy electoral history with Lamborn, who has not taken sides. Crank narrowly lost to Lamborn the last time this seat was open in 2006 and unsuccessfully sought to boot him two years later, while Williams waged a failed challenge to Lamborn last cycle. The GOP nominee will be favored in the general election for the 5th District, a Colorado Springs-based seat that favored Trump 53-43 in 2020.

● PA-01: A new group called True Patriots PA, which Politico says has ties to Democrats, has spent at least $50,000 on mailers attacking GOP Rep. Brian Fitzpatrick in the hopes that his far-right primary opponent somehow unseats him. One flyer accuses the incumbent of becoming "best friends with Kamala Harris and the Democrats," while another calls him "the biggest RINO in Congress."

Politico reports the treasurer of True Patriots also works for Democratic Rep. Eric Swalwell of California, a prominent progressive. Democrats would be thrilled if anti-abortion activist Mark Houck denied renomination to Fitzpatrick in this competitive suburban Philadelphia seat, but there's not much sign that the congressman is in danger against the underfunded challenger.

Fitzpatrick did air commercials on streaming TV last month branding Houck as a "porn addict," but Inside Elections reported at the time that the congressman was spending just $23,000 on those ads. The winner will take on retired Army pilot Ashley Ehasz, a Democrat who is hoping to avenge her 55-45 loss against Fitzpatrick from last cycle.

● SC-01: The conservative super PAC Winning for Women has launched what Inside Elections' Jacob Rubashkin says is at least a $161,000 TV buy to promote former state cabinet official Catherine Templeton in the June 11 GOP primary. The spot, which does not mention Trump-backed incumbent Nancy Mace, declares that Templeton "will stand with President Trump's border policies."

The Washington Post's Patrick Svitek notes that Winning for Women supported Mace in 2022 when she successfully fended off a primary opponent who was endorsed by Trump, and it initially backed her again in May of last year. But while Mace responded by tweeting out her "[e]normous gratitude," the two sides appear to have had a falling out sometime after the congresswoman joined with seven other House Republicans to end Kevin McCarthy's speakership.

"They’re doing this all because the former Speaker is a mean girl on a revenge tour against the only woman who voted against him for Speaker," a Mace spokesperson said in a statement about the congresswoman's erstwhile allies. "And this time he’s hiding behind the skirts of W4W."

Prosecutors & Sheriffs

● Alameda County, CA District Attorney: County election officials announced Monday evening that the campaign to recall Alameda County District Attorney Pamela Price had turned in enough signatures to force a vote.

It will be up to the Board of Supervisors, which is set to meet on April 30, to decide when the election will take place. Recall expert Joshua Spivak identifies both the timing of the race, as well as the question of whether or not a replacement would be elected on the same ballot, as some of the "areas for potential lawsuits."

Price was elected in 2022 as district attorney for this dark blue East Bay county, which is home to Oakland and Berkeley, by campaigning as a criminal justice reformer. Her critics, though, quickly began arguing that she'd done a poor job combating violent crime. Price’s team, meanwhile, said last month that her ouster would "undermine the results of a free and fair election" and "jeopardize the historic progress achieved in recent years."

● Hillsborough County, FL State Attorney: Democrat Andrew Warren announced Tuesday that he would run this fall to reclaim the prosecutor's office in Hillsborough County that Republican Gov. Ron DeSantis permanently suspended him from in 2022.

Warren is seeking to oust Republican Suzy Lopez, whom DeSantis appointed to replace him, in a county that includes Tampa and many of its suburbs. First, though, he needs to get past attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family, in the Aug. 20 Democratic primary.

Warren won his second term 53-47 in 2020 as Joe Biden was carrying Hillsborough by a similar spread. However, his tenure came to a sudden end two years later when DeSantis removed him from office for, among other things, refusing to prosecute people who obtain or provide abortions.

Warren initially had little success in court challenging his dismissal and announced in January that he'd decided not to run again because there was a "high risk" that the governor would respond to his victory by removing him again.

However, he unexpectedly got some welcome news just two days later when a federal appeals court determined that a lower court judge had incorrectly concluded that several of the factors that had "motivated DeSantis to suspend Warren"—such as Warren's opposition to prosecuting individuals who obtain or provide abortions—were not protected by the First Amendment. The move did not guarantee Warren's reinstatement, but the Democrat quickly acknowledged he was reconsidering his plans not to run.

There have been no major developments since then, and the Tampa Bay Times says the case hasn't even been formally returned to the lower court yet. Still, Warren told the Times on Tuesday that the appeals court's decision "makes clear that the governor is not above the law and that the will of the people matters."

Strauss, for her part, told the paper that, while she believes Warren was unfairly ousted, his legal situation makes him "a risky candidate." She added that she'd remain in the race unless the courts act on his case before the April 26 candidate filing deadline.

Poll Pile

  • TX-Sen: Texas Hispanic Policy Foundation: Ted Cruz (R-inc): 46, Colin Allred (D): 41, Ted Brown (L): 4 (48-36 Trump in two-way, 46-34 Trump with third-party candidates)

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Hunter Biden absolutely owned Republicans in his testimony

Posted on by Mark Sumner

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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Morning Digest: Anti-machine activist could be top contender for key New Jersey House race

Posted on by Daily Kos Elections

The Daily Kos Elections Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from Daniel Donner, David Jarman, Steve Singiser, James Lambert and David Beard.

Subscribe to The Downballot, our weekly podcast

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Leading Off

● NJ-07: Former Rep. Tom Malinowski told the New Jersey Globe's David Wildstein on Tuesday that he won't run to regain his old House seat from Republican Rep. Tom Kean Jr., but another well-connected figure may be interested in campaigning for North Jersey's 7th Congressional District.

Wildstein reported in March that Sue Altman, who runs the New Jersey Working Families Alliance, was considering seeking the Democratic nod for this competitive district, which Joe Biden took by a narrow 51-47 spread, and he now writes she "could emerge as a leading candidate" with Malinowski taking his name out of contention. Altman is a one-time Republican who emerged as a prominent force in state politics by challenging the power of longtime party boss George Norcross. (Her organization is the state affiliate of the national Working Families Party, which usually backs progressive Democrats rather than run its own general election candidates.)

Altman, Politico wrote last year, has been a crucial backer of Gov. Phil Murphy, especially during his first term when he worked to pass his agenda over Norcross supporters in the legislature. She doesn't appear to have publicly expressed interest in taking on Kean, though she drew attention last month by organizing a protest against the congressman for failing to hold a single in-person town meeting.

It's quite possible that others will also consider running for the 7th, which is based in the southwestern New York City suburbs and exurbs, now that they know they won't face Malinowski. Few names, however, have emerged so far. Former state Sen. Raymond Lesniak, who would be 78 on Election Day, didn't rule out the idea in February, but we haven't heard anything from him since. Wildstein, meanwhile, says three other Democrats have decided not to run: Assemblyman Roy Freiman; former Treasury official Jim Johnson; and Matt Klapper, the chief of staff to U.S. Attorney General Merrick Garland.

Anyone who wants to defeat Kean in the 7th District, which is entirely located in the ultra-expensive New York City media market, will be in for a difficult battle, but it's one Democrats will want to engage in after the Republican's surprisingly underwhelming win last year. Kean, who is the son and namesake of the popular former governor from the 1980s, first challenged Malinowski in 2020 under the old map and held him to a 51-49 victory even as Biden was prevailing here 54-44.

Kean quickly made it clear he would run again after that close loss, while the incumbent's standing took a hit after news broke that he'd failed to disclose millions in stock trades during the beginning of the pandemic. Malinowski's broker claimed the trades were made without the congressman's "input or prior knowledge," but that did little to quiet intra-party fears that his political career would soon come to an end.

Malinowski's future only grew more dire when his own party decided to target him in redistricting. New Jersey Democrats preferred to sacrifice one of their own to ensure the rest of the state's delegation could enjoy friendlier districts, and it was Malinowski who drew the short straw: Democratic power brokers convinced the state's bipartisan redistricting commission to adopt a map that slashed Biden's margin of victory in the 7th from 10 points to just 4 while shoring up vulnerable members elsewhere.

Malinowski decided to run again anyway despite all the obstacles arrayed against him, but while he received some help from national Democrats, they did not make his contest a priority: Though the two largest outside groups on the GOP side ended up deploying $5.7 million to help Kean, their counterparts on the left spent just $1.4 million.

The intense Democratic pessimism may, however, have turned into a self-fulfilling prophecy: Kean, who had been expected to walk over Malinowski, prevailed by just a 51-49 margin. While a win is a win, Kean's squeaker—despite everything else seemingly going his way—will likely ensure that Democrats take a much bigger interest in this race in 2024.

The Downballot

● How can Democrats win the messaging war? It turns out there's actually a science to it, as strategic communications consultant Anat Shenker-Osorio tells us on this week's episode of "The Downballot." Shenker-Osorio explains how her research shows the importance of treating voters as protagonists; how Democrats can avoid ceding "freedom" to Republicans by emphasizing "freedoms," plural; and why it actually makes sense to call out "MAGA Republicans" (even though, yes, it's all Republicans).

Co-hosts David Nir and David Beard also break down a major retirement in Delaware, which paves the way for the state to elect its first Black senator, and discuss how the entrance of a prominent candidate in Michigan's Senate race likely means that Democrats will in fact host a genuinely contested primary. It all adds up to the possibility that more Black women will join the Senate in 2025 alone than in all of American history. Finally, the Davids lay out the five-year plan for Democrats to win back the North Carolina Supreme Court and drive a stake into GOP gerrymandering—again.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

● CA-Sen: Democratic Rep. Barbara Lee has released an internal of next year’s top-two primary from a trio of firms―FM3, EVITARUS, and HIT Strategies―that shows her deep in fourth place before respondents learn more about her:

  • 2022 attorney general candidate Eric Early (R): 27
  • Rep. Katie Porter (D): 24
  • Rep. Adam Schiff (D): 21
  • Rep. Barbara Lee (D): 11

The memo argues that Lee’s deficit comes from her relatively low name recognition, and it shows her doing better once positive bios are read about all three Democrats. (The text of those statements is included.)

This is the very first poll we've seen testing a field that includes Early, who grabs one of the two general election spots here. However, Inside Elections' Jacob Rubashkin notes that Early almost certainly won't be the only Republican on next year's ballot (ten Republicans ran in last year's top-two for California's other Senate seat) and thus won't be able to monopolize the GOP vote the way he does here.  

● MT-Sen: While Republican Rep. Ryan Zinke still hasn't quite closed the door on running against Democratic Sen. Jon Tester, he sounded unlikely to go for it in a recent interview with the Flathead Beacon. The congressman instead talked up retired Navy SEAL Tim Sheehy, whom NRSC chair Steve Daines is trying to land.

"We're looking at the [potential] field," Zinke added, "but honest to God I am also concentrated on Appropriations, because I was elected to this job and [it] needs full attention." After citing his other committee assignments, he also declared that "as far as Montana goes I'm in a good position to make sure our interests in the state are well served."

● TX-Sen: UT Tyler finds Republican incumbent Ted Cruz leading Democratic Rep. Colin Allred 42-37 in the very first poll we've seen testing this matchup. Allred is currently the only serious Democrat running, though state Sen. Roland Gutierrez reportedly is preparing to jump in after the legislative session ends May 29.

House

● AZ-01: Former TV news anchor Marlene Galan Woods on Wednesday joined the busy Democratic primary to take on Republican Rep. David Schweikert for a seat in the Phoenix area that Biden narrowly carried. Woods is the widow of Grant Woods, who served as Arizona's Republican attorney general in the 1990s, and she also identified as a "lifelong Republican" before joining the Democrats during the Trump era. The new candidate, who identified herself as a "moderate" in January, herself hasn't run for office before, though she chaired Democrat Adrian Fontes' victorious campaign for secretary of state last year.

Woods is competing in a crowded nomination contest where there's no obvious early frontrunner. The field includes businessman Andrei Cherny; orthodontist Andrew Horne; former Arizona regional Red Cross CEO Kurt Kroemer; and state Rep. Amish Shah.

● AZ-06: Businessman Jack O'Donnell, a former Trump casino executive who has spent decades denouncing his former boss, on Wednesday declared he'd seek the Democratic nod to take on freshman Republican Rep. Juan Ciscomani. He joins a primary that includes 2022 nominee Kirsten Engel, who lost to Ciscomani 51-49 two years after Biden carried this Tucson area constituency by a bare 49.3-49.2.

O'Donnell back in 1987 became a vice president of Trump Plaza in Atlantic City, New Jersey, an experience he followed up four years later with a book titled "Trumped! The Inside Story of the Real Donald Trump—His Cunning Rise and Spectacular Fall." O'Donnell went on to lead a development company and work in what azcentral.com characterizes as the "addiction-recovery industry," but most of his national exposure came during the 2016 election when he made several TV appearances talking about his time with Trump. "When he used the word Mexicans and rapists, together, I went, this is his bigotry at its finest," he told "Frontline" in one interview, "This is really Donald Trump. Because in 26 years, it hasn't changed."

O'Donnell launched his bid by pitching himself as a centrist, arguing, "I think if we continue—and the Democrats can be just as guilty as the Republicans—if you continue to elect people who are far right and far left, it will continue to be more polarized than what it is today." The candidate, by contrast, said, "I really do feel like I am somebody that is in the middle."

● CA-14: The House Ethics Committee on Monday informed Democratic Rep. Eric Swalwell that it had closed its two-year probe into allegations that he had ties to a person suspected of being a spy for China and would not take any action. House Speaker Kevin McCarthy cited the allegations earlier this year when he prevented Swalwell, who had served as a manager during Donald Trump's first impeachment, from serving on the House Intelligence Committee.

"Nearly 10 years ago I assisted the FBI in their counterintelligence investigation of a campaign volunteer," the congressman said in statement Tuesday, which he followed up with a tweet declaring, "For years MAGA GOP has falsely smeared me to silence me."

● CA-40: Allyson Damikolas, who serves as a trustee on the Tustin Unified School District, announced Wednesday she'd campaign as a Democrat in next year's top-two primary against Republican Rep. Young Kim. Biden carried this constituency in eastern Orange County 50-48, but it's remained friendly to Republicans like Kim down the ballot. Damikolas is the first notable candidate to challenge Kim this cycle, though retired Orange County Fire Capt. Joe Kerr filed FEC paperwork weeks ago.

Conservatives last year tried to recall Damikolas and two of her colleagues for ostensibly promoting critical race theory. Damikolas responded, "The racial subtext seemed obvious given that I'm only the second school board member of Hispanic heritage elected to the Tustin school board in our 50-year history." While the head of the county GOP issued an apocalyptic warning that a failed recall "will only embolden the uber-left," no one turned in signatures to force a vote against any of the three members before the deadline passed.

● NY-02: Businessman Rob Lubin declared Tuesday that he'd seek the Democratic nomination to face GOP Rep. Andrew Garbarino, and he said the next day that he'd brought in $220,000 during the first 24 hours of the campaign. Lubin's team tells us that only $6,600 of this came from the candidate, who is the founder of a company he describes as "an industry-leading online marketplace for fashion and apparel."

Donald Trump carried this constituency, which includes the south shore of Suffolk County, just 50-49, but this is another Long Island district where Democrats badly struggled last year. Republican Lee Zeldin, who represented a portion of this seat under the last map, beat Democratic Gov. Kathy Hochul here in a 61-39 landslide, according to Bloomberg's Greg Giroux, while Garbarino won his second term by that very same margin.

● OH-09: Former state Rep. Craig Riedel has once again earned the backing of 4th District Rep. Jim Jordan, the prominent far-right extremist who represents a seat to the south, in the GOP contest to take on Democratic incumbent Marcy Kaptur, though that endorsement proved to be of limited value last time. Riedel ran commercials during his 2022 effort touting Jordan's support, but primary voters ultimately favored QAnon ally J.R. Majewski 36-31. Majewski, despite his disastrous general election campaign, is once again competing with Riedel for the right to take on Kaptur.

International

● Alberta: One of the most compelling elections this year is taking place on Monday in our neighbor to the north. Though Alberta is a contender for the title of Canada's most conservative province, polls show the center-left New Democratic Party could dethrone the governing United Conservative Party in the race for the province's Legislative Assembly.

  • An eight-decade conservative reign: From 1935 until 2015, right-of-center parties ran Alberta without a break. That finally ended when a far-right splinter party split the vote with the incumbents, allowing the NDP to score a historic victory, but after conservatives reunited under the UCP banner, they easily reclaimed power in 2019.
  • Sound familiar? This time, there's no disunity on the right thanks to the UCP's new leader, an extremist, media-savvy demagogue with a penchant for conspiracy theories that have alienated moderate suburban voters. The UCP's rightward march is a key reason the election is as close as it is.
  • The critical races: As in the race for any state legislature in the U.S., Canadian elections are decided on a district-by-district basis. The key battleground is Alberta's largest city, Calgary, where conservatives have kept a stubborn grip despite the city's growing diversity. The NDP will need to make inroads here if it's to flip enough seats for a majority.

Will the NDP do it? Read more about how this contest has taken shape and find a list of key districts to watch on election night.

Eric Swalwell files second major lawsuit against Trump, allies for inciting deadly Capitol siege

Posted on by Kerry Eleveld

Rep. Eric Swalwell filed a new lawsuit Friday in DC's federal District Court against Donald Trump and his closest allies for inspiring the deadly Jan. 6 insurrection at the Capitol that claimed five lives and injured more than 100 police officers. The second federal suit of its kind, it accuses Trump, Don Jr., Rudy Giuliani, and GOP Rep. Mo Brooks of Alabama of violating federal civil rights and anti-terrorism laws by inciting the riot, aiding the rioters, and inflicting lasting emotional harms on members of Congress, according to CNN.

Last month, Rep. Bennie Thompson of Mississippi filed a lawsuit against Trump, Giuliani, and the right-wing extremist groups the Oath Keepers and Proud Boys. Both lawsuits cite violations of a Reconstruction-era law designed to insulate Black Americans from intimidation by white supremacists. 

Swalwell, who was in the House chamber on Jan. 6 and later served as an impeachment manager, charges that the defendants incited the Capitol attack through their repeated claims that the election was stolen, their urging of supporters to attend the rally, and their specific encouragement of rally attendees to march to the Capitol and commit violence.

"Trump directly incited the violence at the Capitol that followed and then watched approvingly as the building was overrun," the lawsuit said. "The horrific events of January 6 were a direct and foreseeable consequence of the Defendants' unlawful actions. As such, the Defendants are responsible for the injury and destruction that followed."

Trump told rally attendees they must "show strength" and "fight like hell" and then directed them to "walk down Pennsylvania Avenue," while falsely telling his supporters that he would march with them to the Capitol.

Brooks told rally goers, "Today is the day American patriots start taking down names and kicking ass."

Giuliani famously declared, "Let's have trial by combat!"—a reference to settling disputes through a personal battle between two opposing sides.

Naturally, Don Jr. offered rally goers the most dismal slogan of them all, but also literally threatened anyone who failed to act. "You can be a hero, or you can be a zero," he said at the rally. "If you're gonna be the zero, and not the hero, we're coming for you, and we're gonna have a good time doing it." Nice touch.

The lawsuit alleges, "The Defendants, in short, convinced the mob that something was occurring that—if actually true—might indeed justify violence, and then sent that mob to the Capitol with violence-laced calls for immediate action."

The defendants are all named in their personal capacities, forcing them to hire private attorneys and depriving them of hiding behind their public offices. As CNN notes, if either lawsuit proceeds, Trump and his allies would have to go through the discovery process and be subject to depositions—all of which could turn up fresh evidence about their personal involvement in the event.