House GOP can’t wait to have hearings on how old Biden really is

House Republicans aren’t even waiting for the Justice Department to respond to their demand for the transcripts of President Joe Biden’s interview with special counsel Robert Hur. They are already planning the hearing with Hur probing into how old Biden really is. Hur has been preparing for his starring role.

Hur found no evidence against Biden in the documents-handling case he was investigating, which rose to a prosecutable level. But the former Trump official needed to do a solid for Republicans, so he added in a lot of gratuitous hits on Biden’s age in his report, which legal experts have called “a partisan hit job.”

According to Axios, Hur has been consulting with fellow former Trump official Sarah Isgur, who was Trump’s Department of Justice PR flak. Isgur has been helping him prepare to “navigate a congressional hearing.” Isgur has also been making the rounds of the Sunday shows and lying about Hur’s findings. Isgur said on ABC’s “This Week,” "They found evidence that (Biden) willfully retained national security information. And even probably beyond a reasonable doubt." The report actually said "we conclude that the evidence does not establish Mr. Biden's guilt beyond a reasonable doubt," hinting at just how much of a set-up for the GOP his report was.

Biden’s team was quick to respond to Axios: “As Hur mounts his campaign, there will be another story to tell—of Hur and his deputy being two aggressive political prosecutors from the Trump administration who decided to gun for Biden in an election year for their own political futures as Republicans.”

That will be an easy case for Biden and the Democrats to make since the hearings are going to be spearheaded by two of the Republicans’ most rabid and buffoonish characters, Reps. Jim Jordan and James Comer. The chairs of the Judiciary and Oversight committees, respectively, will fight it out to see who can be the most outrageous and ridiculous in their probes to find out just how old Biden is.

The honed and smart team of Democrats led by Rep. Jamie Raskin will continue to make a mockery of the Republicans. Their “Truth Squad,” which includes Reps. Greg Casar, Jasmine Crockett, Maxwell Frost, Daniel Goldman, and Jared Moskowitz, has perfected their tactics to derail hearings and flummox Republicans. On these hearings, it’ll be a piece of cake.

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Democrats are blowing up House GOP efforts to take down Biden

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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Morning Digest: Disgraced Republican who pushed aides to be surrogate mothers runs for his old seat

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

AZ-08: Former Republican Rep. Trent Franks stunned the Arizona political world Wednesday when he announced he'd run to regain the seat he resigned in 2017 following a shocking sexual harassment scandal in which he pushed a pair of aides to serve as surrogate mothers. Franks is campaigning to replace retiring Rep. Debbie Lesko, a fellow Republican who was elected to succeed him in a 2018 special election.

Franks first won a previous version of this conservative seat (then as now based in the western suburbs of Phoenix) in 2002, and he stood out as an ardent rightwinger even before he called President Barack Obama an "enemy of humanity" in 2009. He made his opposition to abortion rights one of his central causes: Franks would claim in 2010, "Half of all Black children are aborted," and insisted in 2013 that "the incidence of rape resulting in pregnancy are very low."

Early in the 2012 cycle, however, something mysteriously went awry. Franks had planned to seek a promotion to the Senate after fellow Republican Jon Kyl decided to retire, and his own consultant confirmed to reporter Dave Catanese the date and time of his April 2011 kickoff. But Franks shockingly pulled the plug without explanation just the day before that event, and we spent more than six years wondering why.

We unexpectedly got our answer in 2017, shortly after he said he'd resign. According to Arizona Republic columnist Laurie Roberts, Franks' "after-hours activities caught up to him," with one unnamed operative claiming there was a "file" on Franks that was shared with him to deter him from running. Another said that Franks "wrote creepy text messages a decade ago" to another politico.

The congressman's sins soon became public as the emerging #MeTooMovement unearthed ugly stories about countless powerful men. Franks, the Associated Press reported, had pushed one aide to carry his child and had offered her $5 million to do so. A separate story from Politico said that the women in Franks' office thought their boss "was asking to have sexual relations with them" because they were unsure whether he was "asking about impregnating [them] through sexual intercourse or in vitro fertilization."

One staffer said that Franks "tried to persuade a female aide that they were in love by having her read an article that described how a person knows they're in love with someone." Another said that her access to the congressman was cut off after she rebuffed his advances.

But Franks, who now claims he left Congress "to spare those I love from heavily sensationalized attacks in that unique and difficult time," apparently sees a chance for redemption with Lesko's departure. "Now that my family has matured and circumstances have developed as they have, I hope I can move forward," he said in a statement announcing his bid.

Franks joins an August GOP primary that already featured a trio of extremists. One of them is Blake Masters, who ran arguably the worst Senate campaign of 2022 in a cycle chock-full of terrible Republican candidates. Another rival is Abe Hamadeh, who has refused to accept his narrow loss last year in the race for attorney general.

Also in the running is state Sen. Anthony Kern, who was part of a slate of fake Trump electors in 2020; Attorney General Kris Mayes, who beat Hamadeh, is currently investigating that scheme. Lesko's choice, state House Speaker Ben Toma, has not yet announced, though he recently filed paperwork with the state. He may stand out in this crowded field, as Roberts last week described him as a conservative who nonetheless is "not a creature of the MAGA movement."

Trump carried the 8th District 56-43, and it would be difficult for Democrats to beat even one of these unsavory characters. Still, as we've noted before, Lesko only won her initial 2018 special 52-48, and she didn't have anything like the baggage that at least Franks, Hamadeh, Kern, and Masters are all lugging.

The Downballot

Election Day is finally here! Joining us on "The Downballot" this week to preview all the key contests is Daily Kos Elections editor Jeff Singer, who has the goods on races big and small. Singer kicks us off by getting us up to speed on the battles for governor in Kentucky and Mississippi, two conservative Southern states where it's Republicans who are acting worried. Then it's on to major fights in Pennsylvania, where a vacant state Supreme Court seat is in play, and Ohio, where an amendment to enshrine abortion rights into the state constitution is on the ballot.

Singer also highlights a pair of bellwether legislative districts in Virginia, where both chambers are up for grabs, and then it's on to some lesser-known—but still exceedingly important—races further down the ballot. Several are also taking place in swingy Pennsylvania, including a critical contest that will determine who controls election administration in a major county in the Philadelphia suburbs. Democrats will also be hoping for a bounce-back in the county executive's race in Long Island's Suffolk County, an area that swung hard to Republicans last year.

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

MI-Sen: It's a bit of a game of telephone, but Politico reports that two anonymous sources who attended a lunch for Senate Republicans on Tuesday say that Indiana Rep. Todd Young told his caucus that he had "heard" (in the site's phrasing) that former Michigan Rep. Peter Meijer would launch a Senate bid within two days. Both Young and Meijer wouldn't comment when Politico reached out to them, but Meijer has been publicly contemplating a campaign for the upper chamber all year.

Governors

MS-Gov: New disclosures for the month of October show Democrat Brandon Presley far outpacing Republican Gov. Tate Reeves on the financial front, with the challenger outraising the incumbent $3.4 million to $1.1 million ahead of next week's election.

For the entire campaign, Presley has brought in almost twice as much as Reeves, with a haul of $11.2 million versus the governor's $6.2 million take. Reeves does have an edge in cash remaining, as he's still sitting on $3 million, compared to $1.2 million for Presley. However, as Mississippi Today's Taylor Vance notes, $2 million of Reeves' stockpile comes from a "legacy" campaign account that's no longer permitted under state law.

A recent analysis from AdImpact found that Reeves has enjoyed a roughly $1 million edge in ad spending, shelling out $8.3 million on the airwaves to $7.3 million for his opponent. Those figures include reservations made as of last Thursday.

House

CO-04: Rep. Ken Buck said Wednesday that he wouldn't run for a sixth term, an unsurprising decision that followed Buck's surprising emergence as an outspoken critic of his own party.

The Colorado Republican told MSNBC that his decision stemmed from his disappointment "that the Republican Party continues to rely on this lie that the 2020 election was stolen and rely on the Jan. 6 narrative and political prisoners from Jan. 6 and other things." Buck nonetheless voted to make election denier Mike Johnson House speaker last week, explaining his choice by saying, "I think people make mistakes and still could be really good speakers."

Buck, who remains a member of the Freedom Caucus, was a hard-right ally during most of his time in national politics, and hardcore conservatives are in a strong position to retain his seat. The 4th District, which includes dark-red eastern Colorado and GOP-leaning suburbs of Denver in Douglas County, supported Donald Trump 58-39.

State Rep. Richard Holtorf, who embodies the type of combative far-right politics that Buck was once known for, already had the congressman in his sights: He formed an exploratory committee in September after Buck spoke out against his party's drive to impeach Joe Biden. Other names, however, will likely surface for the June GOP primary now that Buck, who previously showed interest in leaving office to take an on-air cable news job, has announced he won't be on the ballot.

Buck was elected Weld County district attorney in 2004 and emerged on the national scene when he challenged Democratic Sen. Michael Bennet in 2010, following Bennet's appointment by then-Gov. Bill Ritter. But Buck first had to get through a tough primary against former Lt. Gov. Jane Norton, another extremely conservative politician. Both sides tried to argue that they were the true candidate of the burgeoning tea party movement, but it was the district attorney who proved more adept at consolidating support from anti-establishment figures.

Late in his battle with Norton, Buck made news when he remarked, "I don't wear high heels … I have cowboy boots, they have real bullshit on them," a line Norton argued was sexist.

"My opponent has said a number of times on the campaign trail that people should vote for her because she wears high heels, because she wears a skirt, because she's a woman," Buck said in his defense. "She ran a commercial that said Ken Buck should be man enough to do X, Y, and Z. ... I made a statement, it was a lighthearted statement that I'm man enough, I don't wear high heels and I have cowboy boots on." Buck won 52-48 four days after the NRSC quietly donated $42,000 to Norton.

Bennet, who had just triumphed in his own competitive primary against former state House Speaker Andrew Romanoff, wasted no time portraying the Republican nominee as too far to the right for what was then still a swing state.

Buck made the senator's task easier on a "Meet the Press" appearance late in the campaign when he said he stood by his 2005 declaration that he had refused to prosecute an alleged rape because "a jury could very well conclude that this is a case of buyer's remorse." He also argued that being gay was a choice. "I think birth has an influence over it," he said, "like alcoholism and some other things, but I think that basically you have a choice."

Bennet prevailed 48-46 during an otherwise horrible year for his party. His fellow Republicans quickly cited him, along with Delaware's Christine O'Donnell and Nevada's Sharron Angle, as a cautionary example of what happens when the party chooses extremist nominees in tossup Senate races. (It's unclear, though, whether Norton, who had for instance blasted Social Security as a "Ponzi scheme," would have actually been a better choice.)

But unlike those fellow travelers, Buck remained in office, even winning another term as district attorney in 2012 before planning a 2014 campaign for Colorado's other Senate seat. Yet even though polls showed Democratic Sen. Mark Udall was vulnerable, Buck and the entire field struggled to raise money and gain traction. But an otherwise stagnant race was completely transformed in February of 2014 when the Denver Post broke the news that Rep. Cory Gardner would make a late bid.

Buck quickly announced that he'd switch course and seek instead to replace Gardner, who ended up endorsing the district attorney as his successor. The two denied that there was any pre-planned switcheroo, but Buck handily dispatched state Sen. Scott Renfroe 44-24 in the primary, and he went on to prevail easily in November. Gardner, meanwhile, accomplished what Buck could not four years earlier and managed to narrowly unseat Udall amid the GOP's second midterm wave election in a row.

Yet while Buck had indeed made it to Congress, he soon signaled he was unhappy in the House long before he ended up retiring. In the summer of 2017, he expressed interest in campaigning to succeed Attorney General Cynthia Coffman in the event that she were to run for governor, though he stayed put even after she launched what turned out to be a disastrous campaign. Buck was elected state party chair two years later, and while he said he'd remain in the House, Inside Elections' Nathan Gonzales reported that he'd told people he was considering retiring that cycle.

The congressman again sought reelection even as some party members groused about him trying to do both his jobs at once. Buck's tenure as party chair was defined by infighting amid Colorado's transformation into a reliably blue state. That shift culminated with Biden's double-digit win in 2020 as well as Gardner's decisive loss to former Gov. John Hickenlooper that same year.

Buck, who was the rare Freedom Caucus member to recognize Biden's win, initially showed some interest in another campaign against Bennet in 2022, but he ended up running for what would be his final term in the House.

MD-03: Democratic state Sen. Clarence Lam tells the Baltimore Sun that he's considering a bid for Maryland's 3rd Congressional District, which recently became open after Rep. John Sarbanes announced his retirement. Lam's legislative seat is located entirely within the House district he's eyeing, making up about 17% of it, according to calculations from Daily Kos Elections.

MT-02: State Auditor Troy Downing has kicked off his campaign for the GOP nomination in this safely red district in eastern Montana, though it's still unclear whether GOP Rep. Matt Rosendale will join the Senate race that he's been flirting with for months or if he'll run for a third House term here. Downing was first elected auditor in 2020 after taking third place for the GOP nomination for Senate in 2018, a primary that Rosendale won before he narrowly lost to Democratic Sen. Jon Tester that fall.

Downing said back in August when he set up an exploratory committee that he wouldn't challenge Rosendale if the incumbent runs again, but Rosendale keeps pushing back his timeline for announcing his decision on a Senate bid and recently said he may not decide until the March 11 filing deadline. Consequently, Downing and any other prospective GOP candidates might not have any idea whether they'll be running against the incumbent until it's too late to switch to another race if Rosendale seeks reelection.

 NY-03: Indicted Rep. George Santos remains in office after a majority of his colleagues voted against an expulsion resolution that needed the support of two-thirds of the chamber. The House voted 213-179 against expulsion on Wednesday evening, one day after the House Ethics Committee declared it would "announce its next course of action" against the Republican by Nov. 17.

A total of 31 Democrats joined 182 Republicans in voting "no," with Maryland Democratic Rep. Jamie Raskin saying afterward, "Santos has not been criminally convicted yet of the offenses cited in the Resolution nor has he been found guilty of ethics offenses in the House internal process. This would be a terrible precedent to set, expelling people who have not been convicted of a crime and without internal due process." On the other side were 155 Democrats and 24 Republicans.

OR-03: Multnomah County Commissioner Susheela Jayapal on Wednesday became the first major candidate to launch a bid to succeed retiring Oregon Rep. Earl Blumenauer in the safely blue 3rd District around Portland. Local law required Jayapal, who is the older sister of Washington Rep. Pramila Jayapal, to resign her post to run for Congress, which she did just before entering the race.

Both Jayapal siblings were born in India and emigrated as teenagers, though the congresswoman began her political career a few years earlier by winning a state Senate seat in the Seattle area in 2014 before earning a promotion to Washington, D.C., two years later. Susheela Jayapal, by contrast, worked as general counsel to Adidas America and for nonprofits before successfully running for the county commission in 2018. That initial victory made her the first Indian American to hold an elected county post in Oregon, and she'd likewise be the first Indian American to serve the state in Congress.

The sisters sat down for a joint interview with HuffPost this week, with the now-former commissioner declaring, "I cannot imagine being on this path without Pramila and I can't wait to work with her―and we're gonna irritate each other along the way." They'd be only the second set of sisters to serve together in Congress, following in the footsteps of a pair of California Democrats, Reps. Loretta and Linda Sánchez. Loretta Sánchez left the House to wage an unsuccessful 2016 Senate bid against none other than Kamala Harris, while Linda Sánchez continues to represent part of the Los Angeles area.

The Jayapals, however, would together make history as the first two sisters to serve in Congress simultaneously while representing different states. Several sets of brothers have done so in the past, most notably Massachusetts Sen. Ted Kennedy and New York Sen. Robert Kennedy, from 1965 until the latter's assassination in 1968.

The University of Minnesota's Eric Ostermeier also tells us that a trio of brothers served together in the House while representing three different states from 1855 to 1861: Cadwallader Washburn of Wisconsin, Israel Washburn of Maine, and Elihu Washburn of Illinois, who would become one of the most prominent Republicans in Congress during the Civil War and Reconstruction. A fourth brother, William Drew Washburn, later won a House seat in Minnesota in 1878, though none of his siblings were still in office by that point.

However, Susheela Jayapal will need to get through a competitive primary before she can join her sister in the nation's capital. Gresham City Councilor Eddy Morales​ announced his own campaign late Wednesday, a development we'll be discussing in our next Digest​.

State Rep. Travis Nelson also told Willamette Week​, "We need more representation from the nursing profession in Congress, and to my knowledge, a male nurse has never been sent to Congress. Furthermore, we need more LGBTQ+ representation, and a Black LGBTQ+ man has never been elected to Congress outside of the state of New York​." Nelson​ added, "I plan to arrive at my decision this week​."​ Former Multnomah County Board of Commissioners Chair Deborah Kafoury additionally hasn't ruled out getting in herself.

Susheela Jayapal will also be seeking office under a different election system than her sister did in 2016, when she ran to succeed another longtime Democratic member, Jim McDermott, in a dark blue seat. Pramila Jayapal, who is the younger sibling by three years, faced off against eight other candidates in that year's top-two primary, taking 42% to 21% for state Rep. Brady Walkinshaw, a fellow Democrat. She went on to defeat Walkinshaw 56-44 in the general election a few months later. In Oregon, however, only a simple plurality is needed to win a party's nomination, and whoever secures the nod in May's primary will have no trouble in the general election for a seat that favored Joe Biden 73-25.

TX-12: Republican Rep. Kay Granger, who chairs the influential House Appropriations Committee, confirmed Wednesday that she would not seek a 15th term in Congress, following reporting late Tuesday night from the Fort Worth Report that she would retire.

Texas' 12th Congressional District, which is based in the Fort Worth area, favored Donald Trump 58-40 in 2020, so whoever wins the GOP nod should have little trouble in the fall. The primary is set for March 5, though a May 28 runoff would take place if no one wins a majority of the vote in the first round.

Granger's announcement came only a little more than a month before the Dec. 11 filing deadline, though one person was already running against the congresswoman. Businessman John O'Shea attracted little attention when he launched his campaign in April, however, and he finished September with a mere $20,000 in the bank. O'Shea, though, has the backing of Attorney General Ken Paxton, a far-right favorite who has survived numerous scandals and a high-profile impeachment.

State House Majority Leader Craig Goldman, meanwhile, has been talked about as a possible Granger successor for a while, and the Texas Tribune notes that an unknown party reserved several domain names relevant to Goldman in the days before Granger announced her departure. Goldman said Wednesday​, "As far as my political plans go, I’m honored and humbled by all who have reached out and will have a decision made very soon​."

Wealthy businessman Chris Putnam, who lost to Granger 58-42 in the 2020 primary, also tells the Fort Worth Report and KERA News​ he's mulling another run, while Tarrant County Commissioner Manny Ramirez said he'd make his own decision "soon."

State Rep. Nate Schatzline,​ meanwhile, said, "Anything is possible in the future​." Fellow state Rep. Brian Byrd​ played down his own interests but doesn't appear to have said no either; the Fort Worth Star-Telegram writes he​ "said he isn’t looking at a bid for the congressional seat at this point."​ However, Tarrant County Judge Tim O'Hare, who is the county's top executive official, and Fort Worth Mayor Mattie Parker were both quick noes.

Granger, who founded an insurance agency, got her start in public life in the early 1980s when she joined the Fort Worth Zoning Commission. She first assumed elected office in 1989 when she won a seat on the City Council, a body whose nonpartisan nature kept her from having to publicly identify with a party. (Texas Democrats were still a force at the time, though not for much longer.)

That state of affairs continued two years later when she won a promotion to mayor, a similarly nonpartisan post. Longtime political observer Bud Kennedy would recount to the Daily Beast in 2013, "She was carefully centrist in the way she led the city."

That led both Democrats and Republicans to see Granger as a prize recruit in 1996, when Democratic Rep. Charlie Geren, a conservative who had been elected to succeed none other than former Democratic Speaker Jim Wright, decided to retire from a previous version of the 12th. Granger settled on the GOP, though, and she beat her nearest opponent 69-20 in her first-ever Republican primary.

In a sign of just how different things were three decades ago, Granger campaigned as a supporter of abortion rights. She had little trouble in the general election against Democrat Hugh Parmer, a former Fort Worth mayor who had badly lost a 1990 race to unseat Republican Sen. Phil Graham. Granger beat Parmer 58-41 even as, according to analyst Kiernan Park-Egan, Bill Clinton narrowly beat Republican Bob Dole by 46.3-45.5 in the 12th. (Independent Ross Perot, who hailed from neighboring Dallas, took 8%.)

Granger's win made her the second Republican woman to represent Texas in Congress after Sen. Kay Bailey Hutchison and the first to serve in the House; there would not be another until Beth Van Duyne won the neighboring 24th District in 2020. Granger, who is tied with Maine Sen. Susan Collins as the longest-serving Republican woman in congressional history, owed her longevity in part to the fact that she only faced one serious reelection challenge during her long career.

That expensive primary battle took place in 2020, when Putnam tried to portray Granger as insufficiently pro-Trump even though she had Trump's endorsement. Putnam, who had the Club for Growth on his side, also tried to tie the incumbent to long-running problems at an expensive local development project called Panther Island that used to be led by the congresswoman's son.

But Granger and her backers at the Congressional Leadership Fund fought back by reminding voters that she was Trump's candidate, and she defeated her opponent by 16 points ahead of another easy general election. While Putnam initially announced he'd seek a rematch the following cycle, his decision not to file left her Granger on a glide path to yet another term.

Granger became chair of the Appropriations Committee after her party retook the House in 2022. From that powerful perch, she was one of the most prominent Republicans to vote against making Jim Jordan speaker. She described that stance as "a vote of conscience," adding, "Intimidation and threats will not change my position." But the chairwoman, like the rest of her caucus, embraced far-right Rep. Mike Johnson a short time later, saying she'd work with him "to advance our conservative agenda."

Franks first won a previous version of this conservative seat (then as now based in the western suburbs of Phoenix) in 2002, and he stood out as an ardent rightwinger even before he called President Barack Obama an "enemy of humanity" in 2009. He made his opposition to abortion rights one of his central causes: Franks would claim in 2010, "Half of all Black children are aborted," and insisted in 2013 that "the incidence of rape resulting in pregnancy are very low."

Early in the 2012 cycle, however, something mysteriously went awry. Franks had planned to seek a promotion to the Senate after fellow Republican Jon Kyl decided to retire, and his own consultant confirmed to reporter Dave Catanese the date and time of his April 2011 kickoff. But Franks shockingly pulled the plug without explanation just the day before that event, and we spent more than six years wondering why.

We unexpectedly got our answer in 2017, shortly after he said he'd resign. According to Arizona Republic columnist Laurie Roberts, Franks' "after-hours activities caught up to him," with one unnamed operative claiming there was a "file" on Franks that was shared with him to deter him from running. Another said that Franks "wrote creepy text messages a decade ago" to another politico.

The congressman's sins soon became public as the emerging #MeTooMovement unearthed ugly stories about countless powerful men. Franks, the Associated Press reported, had pushed one aide to carry his child and had offered her $5 million to do so. A separate story from Politico said that the women in Franks' office thought their boss "was asking to have sexual relations with them" because they were unsure whether he was "asking about impregnating [them] through sexual intercourse or in vitro fertilization."

One staffer said that Franks "tried to persuade a female aide that they were in love by having her read an article that described how a person knows they're in love with someone." Another said that her access to the congressman was cut off after she rebuffed his advances.

But Franks, who now claims he left Congress "to spare those I love from heavily sensationalized attacks in that unique and difficult time," apparently sees a chance for redemption with Lesko's departure. "Now that my family has matured and circumstances have developed as they have, I hope I can move forward," he said in a statement announcing his bid.

Franks joins an August GOP primary that already featured a trio of extremists. One of them is Blake Masters, who ran arguably the worst Senate campaign of 2022 in a cycle chock-full of terrible Republican candidates. Another rival is Abe Hamadeh, who has refused to accept his narrow loss last year in the race for attorney general.

Also in the running is state Sen. Anthony Kern, who was part of a slate of fake Trump electors in 2020; Attorney General Kris Mayes, who beat Hamadeh, is currently investigating that scheme. Lesko's choice, state House Speaker Ben Toma, has not yet announced, though he recently filed paperwork with the state. He may stand out in this crowded field, as Roberts last week described him as a conservative who nonetheless is "not a creature of the MAGA movement."

Trump carried the 8th District 56-43, and it would be difficult for Democrats to beat even one of these unsavory characters. Still, as we've noted before, Lesko only won her initial 2018 special 52-48, and she didn't have anything like the baggage that at least Franks, Hamadeh, Kern, and Masters are all lugging.

The Downballot

Election Day is finally here! Joining us on "The Downballot" this week to preview all the key contests is Daily Kos Elections editor Jeff Singer, who has the goods on races big and small. Singer kicks us off by getting us up to speed on the battles for governor in Kentucky and Mississippi, two conservative Southern states where it's Republicans who are acting worried. Then it's on to major fights in Pennsylvania, where a vacant state Supreme Court seat is in play, and Ohio, where an amendment to enshrine abortion rights into the state constitution is on the ballot.

Singer also highlights a pair of bellwether legislative districts in Virginia, where both chambers are up for grabs, and then it's on to some lesser-known—but still exceedingly important—races further down the ballot. Several are also taking place in swingy Pennsylvania, including a critical contest that will determine who controls election administration in a major county in the Philadelphia suburbs. Democrats will also be hoping for a bounce-back in the county executive's race in Long Island's Suffolk County, an area that swung hard to Republicans last year.

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

MI-Sen: It's a bit of a game of telephone, but Politico reports that two anonymous sources who attended a lunch for Senate Republicans on Tuesday say that Indiana Rep. Todd Young told his caucus that he had "heard" (in the site's phrasing) that former Michigan Rep. Peter Meijer would launch a Senate bid within two days. Both Young and Meijer wouldn't comment when Politico reached out to them, but Meijer has been publicly contemplating a campaign for the upper chamber all year.

Governors

MS-Gov: New disclosures for the month of October show Democrat Brandon Presley far outpacing Republican Gov. Tate Reeves on the financial front, with the challenger outraising the incumbent $3.4 million to $1.1 million ahead of next week's election.

For the entire campaign, Presley has brought in almost twice as much as Reeves, with a haul of $11.2 million versus the governor's $6.2 million take. Reeves does have an edge in cash remaining, as he's still sitting on $3 million, compared to $1.2 million for Presley. However, as Mississippi Today's Taylor Vance notes, $2 million of Reeves' stockpile comes from a "legacy" campaign account that's no longer permitted under state law.

A recent analysis from AdImpact found that Reeves has enjoyed a roughly $1 million edge in ad spending, shelling out $8.3 million on the airwaves to $7.3 million for his opponent. Those figures include reservations made as of last Thursday.

House

CO-04: Rep. Ken Buck said Wednesday that he wouldn't run for a sixth term, an unsurprising decision that followed Buck's surprising emergence as an outspoken critic of his own party.

The Colorado Republican told MSNBC that his decision stemmed from his disappointment "that the Republican Party continues to rely on this lie that the 2020 election was stolen and rely on the Jan. 6 narrative and political prisoners from Jan. 6 and other things." Buck nonetheless voted to make election denier Mike Johnson House speaker last week, explaining his choice by saying, "I think people make mistakes and still could be really good speakers."

Buck, who remains a member of the Freedom Caucus, was a hard-right ally during most of his time in national politics, and hardcore conservatives are in a strong position to retain his seat. The 4th District, which includes dark-red eastern Colorado and GOP-leaning suburbs of Denver in Douglas County, supported Donald Trump 58-39.

State Rep. Richard Holtorf, who embodies the type of combative far-right politics that Buck was once known for, already had the congressman in his sights: He formed an exploratory committee in September after Buck spoke out against his party's drive to impeach Joe Biden. Other names, however, will likely surface for the June GOP primary now that Buck, who previously showed interest in leaving office to take an on-air cable news job, has announced he won't be on the ballot.

Buck was elected Weld County district attorney in 2004 and emerged on the national scene when he challenged Democratic Sen. Michael Bennet in 2010, following Bennet's appointment by then-Gov. Bill Ritter. But Buck first had to get through a tough primary against former Lt. Gov. Jane Norton, another extremely conservative politician. Both sides tried to argue that they were the true candidate of the burgeoning tea party movement, but it was the district attorney who proved more adept at consolidating support from anti-establishment figures.

Late in his battle with Norton, Buck made news when he remarked, "I don't wear high heels … I have cowboy boots, they have real bullshit on them," a line Norton argued was sexist.

"My opponent has said a number of times on the campaign trail that people should vote for her because she wears high heels, because she wears a skirt, because she's a woman," Buck said in his defense. "She ran a commercial that said Ken Buck should be man enough to do X, Y, and Z. ... I made a statement, it was a lighthearted statement that I'm man enough, I don't wear high heels and I have cowboy boots on." Buck won 52-48 four days after the NRSC quietly donated $42,000 to Norton.

Bennet, who had just triumphed in his own competitive primary against former state House Speaker Andrew Romanoff, wasted no time portraying the Republican nominee as too far to the right for what was then still a swing state.

Buck made the senator's task easier on a "Meet the Press" appearance late in the campaign when he said he stood by his 2005 declaration that he had refused to prosecute an alleged rape because "a jury could very well conclude that this is a case of buyer's remorse." He also argued that being gay was a choice. "I think birth has an influence over it," he said, "like alcoholism and some other things, but I think that basically you have a choice."

Bennet prevailed 48-46 during an otherwise horrible year for his party. His fellow Republicans quickly cited him, along with Delaware's Christine O'Donnell and Nevada's Sharron Angle, as a cautionary example of what happens when the party chooses extremist nominees in tossup Senate races. (It's unclear, though, whether Norton, who had for instance blasted Social Security as a "Ponzi scheme," would have actually been a better choice.)

But unlike those fellow travelers, Buck remained in office, even winning another term as district attorney in 2012 before planning a 2014 campaign for Colorado's other Senate seat. Yet even though polls showed Democratic Sen. Mark Udall was vulnerable, Buck and the entire field struggled to raise money and gain traction. But an otherwise stagnant race was completely transformed in February of 2014 when the Denver Post broke the news that Rep. Cory Gardner would make a late bid.

Buck quickly announced that he'd switch course and seek instead to replace Gardner, who ended up endorsing the district attorney as his successor. The two denied that there was any pre-planned switcheroo, but Buck handily dispatched state Sen. Scott Renfroe 44-24 in the primary, and he went on to prevail easily in November. Gardner, meanwhile, accomplished what Buck could not four years earlier and managed to narrowly unseat Udall amid the GOP's second midterm wave election in a row.

Yet while Buck had indeed made it to Congress, he soon signaled he was unhappy in the House long before he ended up retiring. In the summer of 2017, he expressed interest in campaigning to succeed Attorney General Cynthia Coffman in the event that she were to run for governor, though he stayed put even after she launched what turned out to be a disastrous campaign. Buck was elected state party chair two years later, and while he said he'd remain in the House, Inside Elections' Nathan Gonzales reported that he'd told people he was considering retiring that cycle.

The congressman again sought reelection even as some party members groused about him trying to do both his jobs at once. Buck's tenure as party chair was defined by infighting amid Colorado's transformation into a reliably blue state. That shift culminated with Biden's double-digit win in 2020 as well as Gardner's decisive loss to former Gov. John Hickenlooper that same year.

Buck, who was the rare Freedom Caucus member to recognize Biden's win, initially showed some interest in another campaign against Bennet in 2022, but he ended up running for what would be his final term in the House.

MD-03: Democratic state Sen. Clarence Lam tells the Baltimore Sun that he's considering a bid for Maryland's 3rd Congressional District, which recently became open after Rep. John Sarbanes announced his retirement. Lam's legislative seat is located entirely within the House district he's eyeing, making up about 17% of it, according to calculations from Daily Kos Elections.

MT-02: State Auditor Troy Downing has kicked off his campaign for the GOP nomination in this safely red district in eastern Montana, though it's still unclear whether GOP Rep. Matt Rosendale will join the Senate race that he's been flirting with for months or if he'll run for a third House term here. Downing was first elected auditor in 2020 after taking third place for the GOP nomination for Senate in 2018, a primary that Rosendale won before he narrowly lost to Democratic Sen. Jon Tester that fall.

Downing said back in August when he set up an exploratory committee that he wouldn't challenge Rosendale if the incumbent runs again, but Rosendale keeps pushing back his timeline for announcing his decision on a Senate bid and recently said he may not decide until the March 11 filing deadline. Consequently, Downing and any other prospective GOP candidates might not have any idea whether they'll be running against the incumbent until it's too late to switch to another race if Rosendale seeks reelection.

 NY-03: Indicted Rep. George Santos remains in office after a majority of his colleagues voted against an expulsion resolution that needed the support of two-thirds of the chamber. The House voted 213-179 against expulsion on Wednesday evening, one day after the House Ethics Committee declared it would "announce its next course of action" against the Republican by Nov. 17.

A total of 31 Democrats joined 182 Republicans in voting "no," with Maryland Democratic Rep. Jamie Raskin saying afterward, "Santos has not been criminally convicted yet of the offenses cited in the Resolution nor has he been found guilty of ethics offenses in the House internal process. This would be a terrible precedent to set, expelling people who have not been convicted of a crime and without internal due process." On the other side were 155 Democrats and 24 Republicans.

OR-03: Multnomah County Commissioner Susheela Jayapal on Wednesday became the first major candidate to launch a bid to succeed retiring Oregon Rep. Earl Blumenauer in the safely blue 3rd District around Portland. Local law required Jayapal, who is the older sister of Washington Rep. Pramila Jayapal, to resign her post to run for Congress, which she did just before entering the race.

Both Jayapal siblings were born in India and emigrated as teenagers, though the congresswoman began her political career a few years earlier by winning a state Senate seat in the Seattle area in 2014 before earning a promotion to Washington, D.C., two years later. Susheela Jayapal, by contrast, worked as general counsel to Adidas America and for nonprofits before successfully running for the county commission in 2018. That initial victory made her the first Indian American to hold an elected county post in Oregon, and she'd likewise be the first Indian American to serve the state in Congress.

The sisters sat down for a joint interview with HuffPost this week, with the now-former commissioner declaring, "I cannot imagine being on this path without Pramila and I can't wait to work with her―and we're gonna irritate each other along the way." They'd be only the second set of sisters to serve together in Congress, following in the footsteps of a pair of California Democrats, Reps. Loretta and Linda Sánchez. Loretta Sánchez left the House to wage an unsuccessful 2016 Senate bid against none other than Kamala Harris, while Linda Sánchez continues to represent part of the Los Angeles area.

The Jayapals, however, would together make history as the first two sisters to serve in Congress simultaneously while representing different states. Several sets of brothers have done so in the past, most notably Massachusetts Sen. Ted Kennedy and New York Sen. Robert Kennedy, from 1965 until the latter's assassination in 1968.

The University of Minnesota's Eric Ostermeier also tells us that a trio of brothers served together in the House while representing three different states from 1855 to 1861: Cadwallader Washburn of Wisconsin, Israel Washburn of Maine, and Elihu Washburn of Illinois, who would become one of the most prominent Republicans in Congress during the Civil War and Reconstruction. A fourth brother, William Drew Washburn, later won a House seat in Minnesota in 1878, though none of his siblings were still in office by that point.

However, Susheela Jayapal will need to get through a competitive primary before she can join her sister in the nation's capital. Gresham City Councilor Eddy Morales​ announced his own campaign late Wednesday, a development we'll be discussing in our next Digest​.

State Rep. Travis Nelson also told Willamette Week​, "We need more representation from the nursing profession in Congress, and to my knowledge, a male nurse has never been sent to Congress. Furthermore, we need more LGBTQ+ representation, and a Black LGBTQ+ man has never been elected to Congress outside of the state of New York​." Nelson​ added, "I plan to arrive at my decision this week​."​ Former Multnomah County Board of Commissioners Chair Deborah Kafoury additionally hasn't ruled out getting in herself.

Susheela Jayapal will also be seeking office under a different election system than her sister did in 2016, when she ran to succeed another longtime Democratic member, Jim McDermott, in a dark blue seat. Pramila Jayapal, who is the younger sibling by three years, faced off against eight other candidates in that year's top-two primary, taking 42% to 21% for state Rep. Brady Walkinshaw, a fellow Democrat. She went on to defeat Walkinshaw 56-44 in the general election a few months later. In Oregon, however, only a simple plurality is needed to win a party's nomination, and whoever secures the nod in May's primary will have no trouble in the general election for a seat that favored Joe Biden 73-25.

TX-12: Republican Rep. Kay Granger, who chairs the influential House Appropriations Committee, confirmed Wednesday that she would not seek a 15th term in Congress, following reporting late Tuesday night from the Fort Worth Report that she would retire.

Texas' 12th Congressional District, which is based in the Fort Worth area, favored Donald Trump 58-40 in 2020, so whoever wins the GOP nod should have little trouble in the fall. The primary is set for March 5, though a May 28 runoff would take place if no one wins a majority of the vote in the first round.

Granger's announcement came only a little more than a month before the Dec. 11 filing deadline, though one person was already running against the congresswoman. Businessman John O'Shea attracted little attention when he launched his campaign in April, however, and he finished September with a mere $20,000 in the bank. O'Shea, though, has the backing of Attorney General Ken Paxton, a far-right favorite who has survived numerous scandals and a high-profile impeachment.

State House Majority Leader Craig Goldman, meanwhile, has been talked about as a possible Granger successor for a while, and the Texas Tribune notes that an unknown party reserved several domain names relevant to Goldman in the days before Granger announced her departure. Goldman said Wednesday​, "As far as my political plans go, I’m honored and humbled by all who have reached out and will have a decision made very soon​."

Wealthy businessman Chris Putnam, who lost to Granger 58-42 in the 2020 primary, also tells the Fort Worth Report and KERA News​ he's mulling another run, while Tarrant County Commissioner Manny Ramirez said he'd make his own decision "soon."

State Rep. Nate Schatzline,​ meanwhile, said, "Anything is possible in the future​." Fellow state Rep. Brian Byrd​ played down his own interests but doesn't appear to have said no either; the Fort Worth Star-Telegram writes he​ "said he isn’t looking at a bid for the congressional seat at this point."​ However, Tarrant County Judge Tim O'Hare, who is the county's top executive official, and Fort Worth Mayor Mattie Parker were both quick noes.

Granger, who founded an insurance agency, got her start in public life in the early 1980s when she joined the Fort Worth Zoning Commission. She first assumed elected office in 1989 when she won a seat on the City Council, a body whose nonpartisan nature kept her from having to publicly identify with a party. (Texas Democrats were still a force at the time, though not for much longer.)

That state of affairs continued two years later when she won a promotion to mayor, a similarly nonpartisan post. Longtime political observer Bud Kennedy would recount to the Daily Beast in 2013, "She was carefully centrist in the way she led the city."

That led both Democrats and Republicans to see Granger as a prize recruit in 1996, when Democratic Rep. Charlie Geren, a conservative who had been elected to succeed none other than former Democratic Speaker Jim Wright, decided to retire from a previous version of the 12th. Granger settled on the GOP, though, and she beat her nearest opponent 69-20 in her first-ever Republican primary.

In a sign of just how different things were three decades ago, Granger campaigned as a supporter of abortion rights. She had little trouble in the general election against Democrat Hugh Parmer, a former Fort Worth mayor who had badly lost a 1990 race to unseat Republican Sen. Phil Graham. Granger beat Parmer 58-41 even as, according to analyst Kiernan Park-Egan, Bill Clinton narrowly beat Republican Bob Dole by 46.3-45.5 in the 12th. (Independent Ross Perot, who hailed from neighboring Dallas, took 8%.)

Granger's win made her the second Republican woman to represent Texas in Congress after Sen. Kay Bailey Hutchison and the first to serve in the House; there would not be another until Beth Van Duyne won the neighboring 24th District in 2020. Granger, who is tied with Maine Sen. Susan Collins as the longest-serving Republican woman in congressional history, owed her longevity in part to the fact that she only faced one serious reelection challenge during her long career.

That expensive primary battle took place in 2020, when Putnam tried to portray Granger as insufficiently pro-Trump even though she had Trump's endorsement. Putnam, who had the Club for Growth on his side, also tried to tie the incumbent to long-running problems at an expensive local development project called Panther Island that used to be led by the congresswoman's son.

But Granger and her backers at the Congressional Leadership Fund fought back by reminding voters that she was Trump's candidate, and she defeated her opponent by 16 points ahead of another easy general election. While Putnam initially announced he'd seek a rematch the following cycle, his decision not to file left her Granger on a glide path to yet another term.

Granger became chair of the Appropriations Committee after her party retook the House in 2022. From that powerful perch, she was one of the most prominent Republicans to vote against making Jim Jordan speaker. She described that stance as "a vote of conscience," adding, "Intimidation and threats will not change my position." But the chairwoman, like the rest of her caucus, embraced far-right Rep. Mike Johnson a short time later, saying she'd work with him "to advance our conservative agenda."

Rep. Jamie Raskin blows up Republican lies about alleged Biden corruption

As House Republicans gear up to impeach President Joe Biden, Rep. Jamie Raskin has released a thorough statement debunking the supposed basis for an impeachment.

“House Republicans constantly insist that they are investigating President Biden, and not his adult son,” Raskin said in the statement. He continued:

In that case, we can form an obvious judgment on their investigation:  it has been a complete and total bust—an epic flop in the history of congressional investigations.  The voluminous evidence they have gathered, including thousands of pages of bank records and suspicious activity reports and hours of testimony from witnesses, overwhelmingly demonstrates no wrongdoing by President Biden and further debunks Republicans’ conspiracy theories.

Fear not: Raskin has the receipts. Among the 12,000 pages of subpoenaed bank records, more than 2,000 pages of suspicious activity reports, and multiple witnesses interviewed, including two former business associates of Hunter Biden, Republicans have found:

  • No bank records showing payments to the president.

  • No suspicious activity reports alleging potential misconduct by the president or that he is involved in his son’s business dealings.

  • No witnesses testifying to misconduct by the president.

But none of that has stopped Republicans like House Oversight Committee Chair James Comer from claiming that the opposite is true. “We’ve got a President of the United States who’s taken millions and millions of dollars from bad people and bad countries around the world,” Comer has claimed, according to Raskin’s statement, even though Comer has no actual evidence of that.

In fact, as Raskin shows, lots of Republicans know Comer hasn’t found anything meaningful. Here are just a few examples:

  • Breitbart editor Emma Jo-Morris criticized Chairman Comer for promoting bribery allegations against President Biden even though he has “not shown [proof] to the public,” while Steve Bannon also lambasted Chairman Comer for failing to provide evidence to support his bribery allegations, saying of Chairman Comer, “You’re not serious.  It’s all performative.” [...]

  • Rep. Don Bacon acknowledged that Republicans have failed to prove any wrongdoing by President Biden, “If you wanna get any progress in the Senate, you’re gonna have to show not potential wrongdoing, but wrongdoing.  I don’t think we’re there yet.”  Rep. Bacon also said that he thinks “we need to have more concrete evidence to go down” the impeachment inquiry path.

  • Sen. Ron Johnson conceded that Republicans have not found any “direct evidence” or “hard proof” of wrongdoing by President Biden.  [...]

  • Sen. Shelley Moore Capito said, “I don’t know what the basis of this call for impeachment is. It just sounds like a lot of noise to me.”  Sen. Capito also responded "I do not" when asked if she thinks there is evidence to support an impeachment.

  • Sen. Mitt Romney acknowledged, “I haven’t seen any evidence” that meets the “constitutional test for impeachment.” [...]

  • An anonymous GOP lawmaker offered the following assessment to CNN:  “There’s no evidence that Joe Biden got money, or that Joe Biden, you know, agreed to do something so that Hunter could get money.  There’s just no evidence of that.  And they can’t impeach without that evidence.  And I don’t I don’t think the evidence exists.”

It goes on. Those are six of the 19 bullet points Raskin assembles to show that even many prominent Republicans don’t think Comer has assembled enough evidence to impeach Biden.

The problem is, Fox News will always give Comer a platform to lie about what his own investigations have found. That’s the plan to impeach Biden: Yell again and again that he has taken millions of dollars in illicit payoffs, and rely on those claims to make headlines while the truth is reported as an afterthought. This is a challenge for the media (or the non-right-wing media, anyway): Report on House Republican claims with the truth first and foremost, and make clear the fact that their lies are lies from the start. So far, it’s not doing so hot. When House Republicans move forward with impeachment, the traditional media is going to need to raise its game.

Sign the petition: No more wasted taxpayer money on frivolous GOP hearings.

Why does it seem like Republicans have such a hard time recruiting Senate candidates who actually live in the states they want to run in? We're discussing this strange but persistent phenomenon on this week's edition of "The Downballot." The latest example is former Michigan Rep. Mike Rogers, who's been spending his time in Florida since leaving the House in 2015, but he's not the only one. Republican Senate hopefuls in Pennsylvania, Nevada, Montana, and Wisconsin all have questionable ties to their home states—a problem that Democrats have gleefully exploited in recent years. (Remember Dr. Oz? Of course you do.)

Hypocritical Republicans follow the new script in the wake of Trump’s latest indictment

When it comes to Republican lawmakers, hypocrisy knows no bounds, especially when it comes to Donald Trump. With rare exception, they either loudly support the MAGA cult, or are afraid to challenge it—so much so that the GOP should probably be renamed POT (Party of Trump), as in “the GOP has gone to POT.”
In the wake of Trump’s fourth criminal indictment—brought Monday by Fulton County, Georgia, District Attorney Fani Willis, charging Trump and 18 associates with racketeering in a plot to overturn the 2020 presidential election—elected Republicans have predictably jumped to Trump’s defense. The Georgia indictment follows the federal indictment brought by special counsel Jack Smith on Aug. 1, charging Trump with conspiring to subvert American democracy by scheming to reverse Joe Biden’s presidential victory.
Incredibly, the latest talking point for Trump defenders is that if Democrats want to ensure Trump, the current GOP frontrunner, isn’t elected president in 2024, they should let it happen at the ballot box rather than in the courthouse.
This script ignores entirely that so many of Trump’s legal issues stem from the fact that he wouldn't concede that the previous presidential election had been decided at the ballot box.

Nearly three years after Americans voted him out of the White House, Trump continues to push the Big Lie. He’s even hosting a press conference Monday, promising a “complete EXONERATION” that will prove his tired claims of fraud. Trump has also backed election deniers in races for key state offices (fortunately, most have lost) that could help undermine voters in 2024. Americans have no guarantee that he wouldn’t push the replay button on the well-documented “fake electors” scheme of 2020 in the face of another loss to Joe Biden in 2024.

Nevertheless, in a Wednesday appearance on The Hugh Hewitt Show, Republican Sen. Tom Cotton of Arkansas embraced the script.

Sen. Tom Cotton (R-AR): “It would be much better from [the liberals’] point of view…if they try to stop [Trump]...at the ballot box…as opposed to having rabid zealots like Jack Smith or partisans like Alvin Bragg and the woman in Atlanta…try to take him out of contention.” pic.twitter.com/FChgth20Oz

— The Recount (@therecount) August 16, 2023

Transcript:

“I understand that the Democrats and liberals in the media can’t stand Donald Trump and they’ll  do anything to stop him. But it would be much better from their point of view and the point of view of the country if they try to stop him on the campaign trail and at the ballot box. And let the American people make these choices as opposed to having rabid zealots like Jack Smith or partisans like Alvin Bragg and the woman in Atlanta make these decisions for them — to try to take Donald Trump out of contention.”

Notice how Cotton dismisses and disrespects DA Willis, not even referring to her by her name or title. 

Campaign Action

But Cotton was not sharing an original thought. His comments echo those made by other GOP lawmakers who have rushed to use similar talking points to defend the indefensible Donald Trump, without even considering the details of the indictments against him.

As South Carolina Sen. Lindsey Graham, ranking member of the Senate Judiciary Committee, told Fox News on Tuesday:

“The American people can decide whether they want him to be president or not. This should be decided at the ballot box and not in a bunch of liberal jurisdictions trying to put the man in jail. They are weaponizing the law in this country. They are trying to take Donald Trump down and this is setting a bad precedent.

Are we going to let county prosecutors start prosecuting the … former president of the United States? You open up Pandora’s box to the presidency. This whole exercise of allowing a county prosecutor to go after a former president of the United States will do a lot of damage to the presidency itself over time. To my Democratic friends, be careful what you wish for.”

RELATED STORY: Lindsey Graham makes the most moronic Trump defense yet and gets slammed

It’s possible Graham’s position as a U.S. senator saved him from being among the many co-conspirators indicted by Willis. Fulton County’s Trump investigation did look into a November 2020 phone call that Graham made to Georgia Secretary of State Brad Raffensperger, where Graham attempted to cast doubt on the state’s signature-matching law for mail-in ballots.

But back to the script. Sen. Ted Cruz of Texas had this to say in a social media post on Xwitter:

“The indictments of Donald Trump are all about how Democrats don’t value democracy & the democratic process. Dems fear that if the voters can decide fairly in 2024 they will reject Joe Biden’s disastrous record.”

Sure, Rafael.

Cruz even went so far as to play reporter from outside the Fulton County courthouse Monday night (and promote his podcast) on Fox News’ “Hannity” show. Cruz chased soundbites with a stick mic as he waited for indictments against Trump and his co-conspirators to be handed down.  

Ted Cruz reacts to the Georgia grand jury indictments: "I'm pissed...We've never once indicted a former president...This is disgraceful...It is an abuse of power by angry Democrats who've decided the rule of law doesn't matter anymore." pic.twitter.com/ZdD0XuWjUK

— Republican Accountability (@AccountableGOP) August 15, 2023

Cruz, of course, led the Senate effort to reject electoral votes for Biden from Arizona and Pennsylvania on Jan. 6, 2021.

Meanwhile, HuffPost reports that Democratic Rep. Jamie Raskin of Maryland, the lead manager in the House’s second impeachment trial of Trump, ridiculed the notion that the justice system should step aside while Trump seeks a second term in 2024.

Raskin told HuffPost:

“Wouldn’t it be great if you could never prosecute anyone for trying to overthrow an election that they lost, because then they can keep trying to overthrow elections? Didn’t Ted Cruz go to Harvard Law School? Gee, you would have thought he would have had a little more faith in the American justice system than that.”

Raskin noted that the 14th Amendment to the Constitution bars from office anyone who has “engaged in insurrection or rebellion” against the United States. Even some conservative legal scholars have concluded that the language disqualifies Trump from holding office, though their scholarship has obviously had no effect on Trump’s 2024 campaign.

RELATED STORY: Conservatives want to bar Trump from ballot under the 14th Amendment? Get in line

Let’s check in with Republican congressional leadership!

House Speaker Kevin McCarthy of California again reverted to his cherished talking point about the “weaponization of government” against Trump, overlooking the fact that weaponizing the government is exactly what Trump did with Attorney General Bill Barr’s Justice Department during his administration—and Cotton hinted to Hewitt that Democrats could expect as much from Republicans in the future. 

McCarthy was up late Monday night, and took to Xwitter when the Fulton County indictments dropped. “Biden has weaponized government against his leading political opponent to interfere in the 2024 election,” McCarthy wrote. “Now a radical DA in Georgia is following Biden’s lead by attacking President Trump and using it to fundraise her political career.”

Justice should be blind, but Biden has weaponized government against his leading political opponent to interfere in the 2024 election. Now a radical DA in Georgia is following Biden’s lead by attacking President Trump and using it to fundraise her political career. Americans…

— Kevin McCarthy (@SpeakerMcCarthy) August 15, 2023

Senate Minority Leader Mitch McConnell, however, has put his head in his tortoise shell.

Roll Call reported Tuesday that McConnell has remained quiet regarding Willis’s indictment; Spectrum News in Kentucky noted the same on Wednesday.

Recall what McConnell said when he decided to vote to acquit Trump after his second impeachment trial in February 2021.

“President Trump is still liable for everything he did while he was in office as an ordinary citizen,”  McConnell said. “He didn’t get away with anything. Yet.”

"We have a criminal justice system in this country. We have civil litigation," he continued. "And former presidents are not immune from being accountable by either one."

Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, both New York Democrats, issued a joint statement Monday evening.

“As a nation built on the rule of law, we urge Mr. Trump, his supporters and his critics to allow the legal process to proceed without outside interference,” they said.

HuffPost offered this reaction from Democratic Rep. Nikema Williams, whose district includes most of Atlanta.

“We fully intend to beat the former president at the ballot box but this is about accountability, giving the people who show up to vote confidence that their will be counted,” Williams said Tuesday on a press call organized by the nonprofit Public Citizen.

The last word goes to Willis, who rejected claims by Trump and other Republicans that her prosecution was politically motivated.

"I make decisions in this office based on the facts and the laws," Willis said. "The law is completely nonpartisan. That's how decisions are made in every case."

Sunday Four-Play: Trump’s lawyers try to spin their incorrigible client’s latest indictment

Well, it’s indictment week. Again. And that must mean it’s time for Sunday Four-Play—a new-ish feature in which we shine a spotlight on some of the Sunday show hijinks.

In last week’s installment, we talked about Donald Trump’s latest indictment. This week, we’ll be talking about Donald Trump’s latest indictment. Next week: An exclusive four-part interview with the first Kardashian to show up at my door with an ounce of OG Kush and a Hefty bag full of crullers. Unless Donald Trump is indicted again—but that’s just common sense.

So before this is all over, will we see more Trump indictment weeks or Trump infrastructure weeks? In other words, is Trump more dangerously criminal or dangerously incompetent? You make the call.

The hits keep coming, and Trump’s not doing himself any favors by continuing to post on social media with all the forbearance and dignity of a howler monkey with his balls caught in a saltwater taffy machine. He really needs to call his old cybersecurity adviser Rudy Giuliani and ask him how to get locked out of his own phone

But remember. They’re not coming after Trump, they’re coming after you. He’s just in the way. Like one of those impenetrable southern border wall sections you can cut through in six minutes with a pair of Play-Doh Fun Factory scissors and a Bic lighter. 

So let’s take a quick peep at all the witchy witch hunts and election interference and whatnot, shall we?

1.

John Lauro is one of the folks Donald Trump hired to represent him after Barry Zuckerkorn refused to take his calls. He’s already—somewhat hilariously—acknowledged Trump’s guilt in one of the charges brought against him. And he did it on national TV, because Trump isn’t trying to hide anything! Even those things that could land him in prison, with limited conjugal visits from whoever’s spanking him with Forbes magazine these days. 

Lauro appeared on “Meet the Press” with host Chuck Todd, who is leaving the show in September. (Not strictly relevant, I know; it just makes me happy.)

Judging from Lauro’s response, it’s fair to question whether he has any control over his client at all. The more Trump talks, the quaggier his legal quagmire gets. We should consider sending him an Adderall gift basket to hasten his trip to the exercise languidly-sitting-in-a-puddle-of-one’s-own-McRib-filth yard. 

WATCH: Fmr. Pres. Trump attacked Special Counsel Jack Smith, saying he's "deranged."@chucktodd: "Do innocent people attack prosectors?" Trump lawyer John Lauro: "My role is not to address anything about prosectors." pic.twitter.com/FhmotHNvi2

— Meet the Press (@MeetThePress) August 6, 2023

TRUMP (CLIP): “Deranged Jack Smith, he’s a deranged human being. You take a look at that face you say, ‘That guy is a sick man, there’s something wrong with him.’”

TODD: “Do you believe he’s deranged?”

LAURO: “President Biden in April of 2022 said he wanted President Trump prosecuted, and he wanted him out of the race. He repeated that in November of 2022. As a result, President Biden has put in motion a political prosecution in the middle of an election season, and obviously everything is open to politics. I’m not involved in politics, I’m just representing a client. I’m ensuring that justice is done in this case. President Trump is entitled to his day in court, and he’ll get it.”

TODD: “Do innocent people attack prosecutors?”

LAURO: “This is a political campaign right now. This prosecution was instituted by President Biden, and in the middle of that campaign, people are going to speak out. My role is not to address anything about prosecutors, but I will say this: There has been a history in the Justice Department of rogue prosecutions. They went after Arthur Andersen, a major accounting firm. Destroyed the company, and the DOJ lost 9-0. They went after the former governor of Virginia in a prosecution—a Republican governor who was convicted unfairly. Reversed 9-0. And now the Justice Department, the Biden Justice Department, is going after a former president for acts that he carried out in fulfillment of his oath and president of the United States.”

You know, when Lauro claimed President Biden said he wanted Trump prosecuted and out of the race, I thought to myself, “Hmm, that doesn’t sound anything like Biden. It sure sounds like something Trump would say, though.”

Well, I was right. And since this claim is at the heart of the Trump team’s public defense of their client—i.e., that this is nothing but a political prosecution launched by Trump’s political opponent—it’s important to take this head-on.

First of all, Trump is the one who continually tried to weaponize the DOJ. He wanted the department to prosecute Hillary Clinton and former FBI director James Comey, whom he corruptly fired in an attempt to stop an investigation. He also tried to use the department to overturn the 2020 election. And he continually attacked former Attorney General Jeff Sessions after Sessions recused himself in the Russian investigation—because he wanted “his” DOJ to act as his personal Roy Cohn. Oh, and he recently said he would seek to prosecute President Biden if he’s reelected

But Biden? He understands the White House’s traditional hands-off posture toward the DOJ in a way that Trump never did. And he’s continually resisted overstepping his authority. 

So what is Lauro talking about here?

Well, in April 2022, according to media reports, Biden privately mentioned to his inner circle that he thought Trump was a threat to democracy and should be prosecuted, but he never mentioned this personal preference to Attorney General Merrick Garland.

And in November of last year, responding to a reporter’s question about how to reassure world leaders that the poo-flinging Putin puppet would never resume his tirade, Biden said, “Well, we just have to demonstrate that he will not take power by—if we—if he does run. I’m making sure he, under legitimate efforts of our Constitution, does not become the next president again.” 

In other words, he’s going to campaign against him.

But hey, why let facts and context get in the way of a fun narrative!?

2.

Oh, hey, Lauro was on “Face the Nation,” too! And “ABC This Week”! Not to mention “Fox News Sunday”! He may have appeared in hologram form on at least one of them. 

Here he was with CBS’ Major Garrett talking about the Trump team’s desire for a change of venue:

Trump lawyer John Lauro on CBS: "We would like a diverse venue, a diverse jury ... I think West Virginia will be an excellent venue to try this case. Close to DC and a much more diverse--" pic.twitter.com/ib6S2Mdd7l

— Aaron Rupar (@atrupar) August 6, 2023

GARRETT: “You’re still going to pursue a change of venue?”

LAURO: “Absolutely. We would like a diverse venue, a diverse jury ...”

GARRETT: “Do you have any expectation that will be granted?”

LAURO: “… that reflects the characteristics of the American people. It’s up to the judge. I think West Virginia would be an excellent venue to try this case.”

Yes, the famously diverse state of West Virginia, whose residents represent every color of the rainbow, from alabaster to ecru. Its population is 92.8% white and 3.7% Black. Maybe we could make the jury even more diverse by drawing its members exclusively from meth-fueled brawls in Charleston Cracker Barrel parking lots.

Hey, here’s a tip: If you don’t want to be tried in Washington, D.C., don’t commit crimes in Washington, D.C. It works every time!

3.

Alina Habba, another Trump attorney and apologist, appeared on Fox’s “Sunday Morning Futures” with Maria Bartiromo. And this happened:

Habba: I think that realistically you have to remember that a lot of these cases deal with classified documents which mean that all the lawyers now have to apply for special clearance, right? You can’t just take a classified document and review it. You have to have scifs. pic.twitter.com/HDzaQzRgJS

— Acyn (@Acyn) August 6, 2023

BARTIROMO: “Let me ask you this, because typically when you have a case as complicated as the one we’re talking about, there is deposition, there is discovery—a whole discovery process where Trump’s lawyers will have to get access to the other side’s information, and vice versa. How long do you expect that process to take, because Jack Smith says he wants a speedy trial. We’re about a year away from an election. Obviously we’re just two weeks away from the first GOP primary debate, two months away from the Iowa Caucuses. Are you expecting to have a trial before election 2024?”

HABBA: “I think that that’s their goal. I think that realistically you have to remember that a lot of these cases deal with classified documents and classified records, which mean that all the lawyers now have to apply for special clearance, right? So it’s not a normal situation. You can’t just take a classified document and review it. You have to have SCIFs. You have to have certain procedures put in place. So while I appreciate Jack Smith trying to bleed us all dry and trying to have a speedy trial, perhaps he should have taken a case that didn’t involve classified documents that he now possesses, that we have to now repossess and review for discovery. It’s a poorly planned attack, frankly, because that’s what it is, it’s political lawfare, and he didn’t think it through. So I think these are going to take a lot longer. I think that once the judges get a [unintelligible] for how many years they’ve had this discovery—look at [Fulton County, Georgia, District Attorney] Fani [Willis], two years. But she’s bringing this case now. Why? Because of election interference. They want to keep him tied up in trials, keep his lawyers tied up so that we’re distracted and not focused. It’s not going to work. He is a machine and he knows what he’s doing in a campaign. You know, he’s done this rodeo before.”

[Emphasis added]

Wait, Trump is a machine? Someone alert Mike Lindell!

Mike Lindell's speech announcing a class action lawsuit against all machines set over the Terminator 2 intro. pic.twitter.com/RUTylylbVv

— Matthew Highton (@MattHighton) March 6, 2022

But never mind Pillow Man. Here’s the real takeaway: “You can’t just take a classified document and review it. You have to have SCIFs. You have to have certain procedures put in place.”

Say, Alina. Go back to the transcript and read that part over again. Then ask yourself if it was appropriate for Trump to (allegedly!) wave classified battle plans around in front of a gaggle of randos. This is an easy one. We’ll progress to the alphabet song in next week’s lesson—and colors and shapes, if there’s still time. 

4.

Rep. Jamie Raskin, the lead manager for Trump’s second impeachment, appeared on “Meet the Press” after Lauro spewed his pabulum all over Chuck Todd’s neatly pressed suit. 

It went a little something like this:

WATCH: Rep. Raskin (D-Md.) says Trump's lawyer claiming a "technical violation of the Constitution is not a violation of criminal law" is "deranged." "There are people who are in jail for several years for counterfeiting one vote. ... He tried to steal the entire election." pic.twitter.com/mdCsksjkY4

— Meet the Press (@MeetThePress) August 6, 2023

TODD: “Let me first start with a couple of things we heard from Mr. Lauro. You spent 25 years as a constitutional law professor, so I kind of want to get Professor Raskin’s take on this. Let me play one quick clip of something he said to me about the Constitution.”

LAURO (CLIP): “A technical violation of the Constitution is not a violation of criminal law. That’s just plain wrong.”

TODD: “Now, he added the word ‘criminal law’ there, but it was my understanding if you violated the Constitution, you’ve violated the law.”

RASKIN: “Well, first of all, a technical violation of the Constitution is a violation of the Constitution. The Constitution in six different places opposes insurrection. It makes that a grievous constitutional offense. So our Constitution is designed to stop people from trying to overthrow elections and trying to overthrow the government. But in any event, there’s a whole apparatus of criminal law which is in place to enforce this constitutional principle. That’s what Donald Trump is charged with violating. He conspired to defraud the American people out of our right to an honest election by substituting the real legal process we have under federal and state law with counterfeit electors. I mean, there are people who are in jail for several years for counterfeiting one vote, if they try to vote illegally once. He tried to steal the entire election, and his lawyer’s up there saying, oh, that’s just a matter of him expressing his First Amendment rights. That’s deranged. That is a deranged argument.”

Yes. Yes, it is. But with a client like this, a deranged argument is probably the best you can do, now isn’t it?

But wait! There’s more!

Some additional Sunday clips to help ease you into your week:

That’s all for now, friends. See you next week!

Check out Aldous J. Pennyfarthing’s four-volume Trump-trashing compendium, including the finale, Goodbye, Asshat: 101 Farewell Letters to Donald Trump, at this link. Or, if you prefer a test drive, you can download the epilogue to Goodbye, Asshat for the low, low price of FREE.  

No, Republicans, Trump’s indictment isn’t about free speech

Senate Minority Leader Mitch McConnell might not be commenting on the former president’s latest indictment, but those Republicans who have spoken up are dismissing Donald Trump’s alleged conspiracy to overthrow an election by claiming that it was merely “free speech.”

Apparently it is now a crime to make statements challenging election results if a prosecutor decides those statements aren’t true. So when should we expect indictments of the democrat politicians who falsely claimed Russia hacked the 2016 election?

— Marco Rubio (@marcorubio) August 2, 2023

“Apparently it is now a crime to make statements challenging election results if a prosecutor decides those statements aren’t true,” Sen. Marco Rubio asserted, knowing full well that this is not about Trump’s statements, but about his actions.

Bogus “free speech” arguments are a tried-and-true Republican favorite, and Trump’s legal team is no exception. “[O]ur focus is on the fact that this is an attack on free speech, and political advocacy,” said Trump lawyer John Lauro on CNN. “And there’s nothing that’s more protected, under the First Amendment, than political speech.” (Lauro might want to do a quick review of how that defense has been working for Jan. 6 defendants, including the Proud Boys.)

Special counsel Jack Smith knew this would be a key argument from Trump, and quickly debunked it on page 2 of the indictment. “The Defendant had a right, like every American, to speak publicly about the election and even to claim, falsely, that there had been outcome-determinative fraud during the election and that he had won,” the indictment says. “He was also entitled to formally challenge the results of the election through lawful and appropriate means …. [I]n many cases, the Defendant did pursue these methods of contesting the election results. His efforts … were uniformly unsuccessful.

“Shortly after Election Day, the Defendant also pursued unlawful means of discounting legitimate votes and subverting the election results.” That’s what Trump is being indicted for: his actions.

Rep. Jamie Raskin, a member of the Jan. 6 committee and lead manager of Trump’s second impeachment, explained all of this during a appearance on MSNBC, poking a big hole in Republican arguments with a simple analogy. “[Y]ou can say ‘I think the currency is phony and everybody should be allowed to make up their own money … but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College,” the Maryland Democrat said.

Here’s the full transcript:

We know that our friends across the aisle are trying to mobilize some big free speech defense of Donald Trump here, which is just comical. Of course you have a right to say for example, “I think that the meeting of the House and the Senate in joint session to count Electoral College votes is a fraud or is taking away Donald Trump’s presidency.” You can say whatever you want, but the minute you actually try to obstruct the meeting of Congress, you crossed over from speech to conduct.

It’s like you can say, “I think the currency is phony and everybody should be allowed to make up their own money.” You can say that, but the minute that you start printing your own money, now you run afoul of the counterfeit laws, and it’s the exact same thing with the Electoral College. They can say, “Well, we don’t think that Joe Biden really won in these states,” even though every federal and state court rejected all of their claims of electoral fraud and corruption. The minute that they start manufacturing counterfeit electors and trying to have them substitute for the real electors that came through the federal and state legal process, at that point, they’ve crossed over from speech to conduct. I think the indictment is really tight in focusing just on the conduct.

Sign the petition: Disqualify Trump from running for public office

Conservatives cried about how the “woke” (whatever that means) “Barbie” movie would fail. It didn’t. In fact, the film has struck a chord with American and international audiences. Daily Kos writer Laura Clawson joins Markos to talk about the film and the implications of the Republican Party’s fixation on mythical culture wars, which is failing them in bigger and bigger ways every day.

House GOP conducts discredited Biden-Burisma probe that Zelenskyy wouldn’t do as ‘favor’ for Trump

Remember that “perfect” phone call in July 2019 that led to President Donald Trump’s first impeachment? That’s the call in which Trump asked Ukraine’s newly elected president Volodymyr Zelenskyy to do “a favor” for him—namely to speak with his lawyer Rudy Giuliani and announce an investigation of Joe Biden and his son, Hunter, related to the Ukrainian energy firm, Burisma.

The call came just a week after the White House had ordered the State Department and Pentagon to withhold nearly $400 million in military assistance to Ukraine that had already been authorized. Despite the pressure, Zelenskyy didn’t announce any such investigation, which might have derailed Biden’s presidential campaign.

But now Republican Rep. James Comer of Kentucky, chairman of the House Oversight Committee, is doing the very favor for Trump that Zelenskyy wouldn’t do. And it couldn’t have come at a more opportune time for the embattled former president, who is facing a federal indictment for mishandling classified documents at his Mar-a-Lago resort. 

RELATED STORY: Trump plays victim and savior

Comer had threatened to hold FBI Director Christopher Wray in contempt of Congress for failure to turn over an FBI document created in June 2020 that contained unsubstantiated allegations from a confidential source in Ukraine about Joe and Hunter Biden. Comer said a “whistleblower” had informed lawmakers about the FBI document.

The Washington Post wrote: “It is not hard to figure out why this is unfolding the way it is unfolding. There’s an enormous appetite on the right at the moment for evidence that the FBI and Justice Department are deploying a double standard or that Biden deserves to face criminal charges just as much as former president Donald Trump.”

The allegations that Comer wants to investigate relate to the Bidens and Burisma. And this latest political stunt by Comer could backfire like others.

It’s possible that the committee is simply regurgitating Russian disinformation. The U.S. intelligence community, in an unclassified report released in March 2021 said that “Ukraine-linked individuals with ties to Russian intelligence engaged in activities targeting the 2020 U.S. presidential election,” including “alleging corrupt ties between President Biden, his family, and other U.S. officials and Ukraine.”

“a bunch of malarkey”

Wray had cited the need to protect confidential sources in refusing to turn over the document. But the FBI director eventually relented and allowed all the members of the Oversight Committee to view the redacted document, known as an FD-1023 form, usually a report about information relating to alleged crimes provided to the FBI by an informant.   

Wray insisted that the committee members view the document in a secure room known as a SCIF, for Sensitive Compartmented Information Facility, on Capitol Hill. The viewing occurred on Thursday, just hours before Trump broke the news about his indictment.

It’s unknown why the FBI insisted that committee members view the document in a SCIF. But Rep. Marjorie Taylor Greene wasted no time in rushing out of the room to take notes and reveal the contents of the document to reporters.

RELATED STORY: You have to see Marjorie Taylor Greene's plan to 'take down the Deep State'

Greene and fellow Freedom Caucus member Rep. Anna Paulina Luna of Florida both said Burisma owner Mykola Zlochevsky allegedly told an FBI source that he had paid $5 million apiece to Hunter Biden and then-Vice President Biden in an attempt to avoid a corruption investigation, the New York Post reported.

“It was all a bribe to get (former Ukrainian prosecutor general Viktor) Shokin fired,” Greene said in a video that she posted on Twitter. She concluded by saying: “We are going to continue following this investigation; we are going to continue to look into every single thing that we can uncover.”

President Biden dismissed the bribery allegations as a “bunch of malarkey.”

The claim that Biden pressured Ukraine to fire Shokin because he was investigating Burisma has been totally debunked. The evidence shows Biden was carrying out U.S. policy when he went to Kyiv and warned then-president Petro Poroshenko that the U.S. would withhold $1 billion in loan guarantees until Shokin was removed as prosecutor general. The International Monetary Fund also threatened to withhold aid to Ukraine because Shokin wasn’t pursuing corruption cases.

Ukraine’s National Anti-Corruption Bureau, an independent agency, has said Burisma was not even under investigation when Biden was pushing for Shokin’s removal. But the facts haven’t stopped Republicans from claiming that the FBI form proves that the Bidens took millions in bribes. 

The day after Trump’s indictment, the Murdoch-owned New York Post had a front-page cover with photos of both Biden and Trump with the headline “Hail to the Thiefs” and subheadlines “Trump indicted for taking classified documents” and “Ukraine bizman: ‘I bribed Biden for $10M.”

Trump complained that his federal indictment came on the same day that House Republicans gained access to the FBI document, so the bribery allegations got less attention in the news media.

"It's no coincidence they indicted me the very same day it was revealed that the FBI had explosive evidence that Joe Biden took a $5 billion illegal bribe from Ukraine," Trump said Saturday from the North Carolina Republican Party Convention.

questioning credibility

But as independent journalist Ed Krassenstein pointed out in a tweet, there are many reasons to question the credibility of the information provided to the FBI in the FD-1023 form that has so excited the MAGAverse.

Breaking: The Bribery allegations that Comer, Marjorie Taylor Greene and Republicans have been touting are concerning Burisma. While Republicans are making the claim that the allegations “100%” prove that Biden committed bribery, let’s take a step back and evaluate where the… pic.twitter.com/pLuWAj5vSq

— Ed Krassenstein (@EdKrassen) June 8, 2023

Moreover, The Washington Post reported that the FBI and Justice Department under then-Attorney General William Barr had reviewed the allegations from the confidential informant and “determined there were no grounds for further investigative steps.”

The Post wrote:

The allegation contained in the document was reviewed by the FBI at the time and was found to not be supported by facts, and the investigation was subsequently dropped with the Trump Justice Department’s sign-off, according to the people familiar with the investigation.

Barr said the information in the June 2020 FBI form was passed along to U.S. Attorney David Weiss of Delaware, who began an investigation into Hunter Biden’s overseas business ties and consulting work in 2018. That would mean Weiss, a holdover from the Trump administration, has been in possession of the information for three years, but has not acted on it.

The Washington Post reported that Weiss is nearing a decision on whether to charge Hunter Biden for relatively minor tax- and gun-related violations. The newspaper reported last year that federal agents had concluded that they had enough evidence to charge Biden with failing to report all of his income on tax filings and lying on a form for a gun purchase by denying that he had substance abuse problems.

Rep. Jamie Raskin, the ranking member of the Oversight Committee, wrote in a statement that “much of the information provided by the source (in the June 2020 form) was information Mr. Giuliani had already provided the FBI.” Raskin added:

“We now know what I had long suspected: that Chairman Comer’s subpoena is about recycling stale and debunked Burisma conspiracy theories long peddled by Rudy Giuliani and a Russian agent, sanctioned by former President Trump’s own Treasury Department, as part of the effort to smear President Biden and help Mr. Trump’s reelection campaign.”

That Russian agent Raskin is apparently referring to is Andriy Derkach, a former member of Ukraine’s parliament who represented various pro-Russian parties. Among them was the Party of Regions headed by ousted pro-Russian Ukrainian President Viktor Yanukovych, which paid millions of dollars to former Trump campaign manager Paul Manafort to work as a consultant.

Here’s how The Washington Post described Derkach’s background:

Derkach, a former member of Ukraine’s Russia-leaning Party of Regions, was educated at the Higher School of the KGB in Moscow before entering business and politics in independent Ukraine after the Soviet Union’s collapse. His father was a longtime KGB officer who later ran independent Ukraine’s intelligence service in the late 1990s and early 2000s before losing his position amid a scandal over Ukrainian authorities’ involvement in the kidnapping and murder of a prominent journalist.

Derkach was mentioned by name by the National Intelligence Council, consisting of the CIA, NSA, and five other U.S. intelligence agencies, in its March 2021 assessment of “Foreign Threats to the 2020 US Federal Elections.” The report read:

“We assess that President Putin and other senior Russian officials were aware of and probably directed Russia’s influence operations against the 2020 US Presidential election. For example, we assess that Putin had purview over the activities of Andriy Derkach, a Ukrainian legislator who played a prominent role in Russia’s election influence activities. Derkach has ties to Russian officials as well as Russia’s intelligence services.”

It added:

A network of Ukraine-linked individuals—including Russian influence agent Konstantin Kilimnik—who were also connected to the Russian Federal Security Service (FSB) took steps throughout the election cycle to damage US ties to Ukraine, denigrate President Biden and his candidacy, and benefit former President Trump’s prospects for reelection.  

[…]

Derkach, Kilimnik, and their associates sought to use prominent US persons and media conduits to launder their narratives to US officials and audiences. These Russian proxies met with and provided materials to Trump administration-linked US persons to advocate for formal investigations; hired a US firm to petition US officials; and attempted to make contact with several senior US officials. They also made contact with established US media figures and helped produce a documentary that aired on a US television network in late January 2020.  

That U.S. television network was One America News Network. Media Matters for America said the right-wing cable station has a “notable history of acting as a mouthpiece for Russian propaganda,” including spoon-feeding its viewers Kremlin-backed propaganda about the war in Ukraine.

giuliani and derkach

In early December 2019, as the House was moving to impeach Trump, Giuliani traveled to Kyiv with an OAN crew to work on the documentary aired in January 2020. That’s when he met Derkach for the first time, TIME magazine reported. Derkach’s press office released this photo of his meeting with Giuliani, which was posted on his Facebook page that was later banned.

"In this handout photo provided by Adriii Derkach's press office, Rudy Giuliani, an attorney for U.S President Donald Trump, left, meets in Kyiv, Ukraine, on Dec. 5, 2019 with Derkach, who was later named an "active Russian agent" by the U.S. government." https://t.co/4nQpDNkbsR

— Markus T (@dforthandbview) October 16, 2020

Derkach had caught Giuliani’s attention when he held a November 2019 press conference in Kyiv to push his conspiracy theory of “DemoCorruption,” which holds “that Biden sits atop a vast system of graft that permeates the Democratic Party and colludes with George Soros and other Western billionaires,” TIME said.

Derkach had also been pushing the Kremlin-backed theory that it was Ukraine, not Russia, that had interfered in the 2016 presidential campaign on behalf of Clinton. When Time reporter Simon Shuster visited Derkach in his Kyiv office in 2021, he said Derkach handed him a folder labeled “Reports About Record-Setting Bribe,” which included press clippings, printouts from Twitter, and a letter that Derkach sent to U.S. Senate members accusing Biden and his family of corruption.

“Giuliani is a very capable lawyer. I appreciated his meticulousness,” Derkach told Shuster. “When we spoke, it was very useful for me. He records everything. He writes everything down in his notebook. He never relaxes.”

(That’s the same capable, meticulous lawyer who, in July 2020, was duped by Borat—a character played by actor and comedian Sacha Baron Cohen—in a compromising scene filmed in a New York hotel room.)

After the OAN documentary aired, Giuliani invited Derkach to New York for further talks in February 2020. Derkach appeared on Giuliani’s podcast.

In the months leading up to the November presidential election, Derkach continued his efforts to spread disinformation about Biden to Giuliani as well as Republican Sens. Ron Johnson of Wisconsin and Chuck Grassley of Iowa

the search for something incriminating

Derkach also released a series of audio tapes of 2016 conversations between Biden and then-Ukrainian President Petro Poroshenko in which the U.S. vice president linked financial assistance to firing prosecutor Shokin. Derkach claimed he got the tapes from “investigative journalists.” 

There was nothing really incriminating or embarrassing in the heavily edited tapes, TIME reported. But during the first presidential debate in September 2020, Trump repeatedly brought up the tapes, accusing Biden of threatening Ukraine with withholding a billion dollars if Shokin wasn’t removed.

In September 2020, Derkach held a news conference in Kyiv in which he claimed that Burisma’s owner Zlochevsky had laundered money through off-shore banks to pay millions of dollars to a company co-owned by Hunter Biden, Ukraine’s Unian news agency reported.

Hunter Biden did serve on Burisma’s board of directors from 2014 to 2019, and was paid about $600,000 a year, according to the New York Times. His business partner Devon Archer also served on Burisma’s board. Burisma paid them several million dollars for consulting services through their investment firm Rosemont Seneca Bohai LLC, Reuters reported. 

In September 2020, the U.S. Treasury Department imposed sanctions on Derkach “for his efforts to influence the 2020 U.S. presidential election.”

Trump’s Treasury Secretary Steven Mnuchin said in a press release: ”Andrii Derkach and other Russian agents employ manipulation and deceit to attempt to influence elections in the United States and elsewhere around the world.”

Last December, the Department of Justice indicted Derkach for a scheme to violate the sanctions by allegedly engaging in bank fraud conspiracy, money laundering conspiracy, and money laundering. Prosecutors said Derkach allegedly concealed his involvement in the purchase and maintenance of two condominiums in Beverly Hills, California. “While participating in a scripted Russian disinformation campaign seeking to undermine U.S. institutions, Derkach simultaneously conspired to fraudulently benefit from a Western lifestyle for himself and his family in the United States,” said Michael J. Driscoll, head of the FBI’s New York office.

But Derkach stands accused of even worse offenses in Ukraine amounting to treason. In January, Zelenskyy announced that Derkach and three other pro-Russian lawmakers had been stripped of their Ukrainian citizenship for choosing “to serve not the people of Ukraine, but the murderers who came to Ukraine.”

In March, the Royal United Services Institute for Defence and Security Studies, a British think tank, issued a detailed report on Russia’s “unconventional operations” during the war in Ukraine in which Derkach figured prominently.

Ukraine’s State Security Service (SBU) made public information in June 2022 that Derkach had been under the control of the GRU, Russia’s military intelligence agency, since 2016, and had been receiving installments of U.S. $3 million to $4 million a month, according to the RUSI report.

“Derkach is alleged to have been tasked with establishing a network of private security firms which would assist in maintaining control in a number of towns by pathfinding and assisting Russian forces upon their arrival,” the report said.

More ominously, the report said Ukraine's intelligence agencies believe that "the main direction of Derkach's pro-Russian activities" in the years before 2022 was to influence Ukraine's nuclear energy industry "in the interests of Russia." Russia had plans to seize Ukraine’s nuclear power plants as part of the invasion, and to that end, “the Russian special services recruited employees of nuclear facilities, including from units responsible for the physical security of the facilities." 

Ukraine has issued a warrant for the arrest of Rudy’s one-time pal. 

Maybe Republicans on the House Oversight Committee should think twice before doing Trump a favor by accepting at face value unsubstantiated bribery allegations regarding Joe Biden and his family, especially if they might be recycling and spreading Russian disinformation. But they won’t.

RELATED STORY: How did Fox News cover Trump's indictment?

Morning Digest: Sen. Ben Cardin isn’t running next year, but these Maryland Democrats might

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.

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Leading Off

MD-Sen: Democratic Sen. Ben Cardin announced Monday that he would not seek a fourth term next year in Maryland, a decision that marks the beginning of the end for a political career that started in 1966 when he was still in law school. There's little question that Cardin's party will hold his seat in a state that favored Joe Biden 64-32 and where Republicans last won a Senate race in 1980, but there's already a great deal of interest among Old Line State Democrats in succeeding him.

Politico reported back in February that Prince George’s County Executive Angela Alsobrooks, who would be the first Black woman to represent Maryland in the upper chamber, was already hiring people for a campaign, and she said that same month she would consider running if Cardin didn’t. The chatter only intensified Monday after the incumbent revealed his plans: Politico says she’d “almost certain” to jump in, while Maryland Matters’ Josh Kurtz anticipates she’ll launch “before the end of the month.” Alsobrooks was elected in 2018 to lead her populous and very blue community in the D.C. suburbs, and observers have credited her support for now-Gov. Wes Moore as an important factor in his close primary victory last year.

Another contender that Politico writes is all but assured to compete is Rep. David Trone, the Total Wine & More co-founder whom Insider ranked as the 17th wealthiest member of Congress in 2021. The moderate congressman, says the story, already knows who would likely be his campaign manager, and while Trone declined to answer Monday when asked if he intends to seek a promotion, Kurtz adds that his launch could come as soon as this week. Trone self-funded what was a record $13 million in his failed 2016 primary bid for the 8th Congressional District before pumping in a total of $33 million during his subsequent three victorious campaigns for the 6th, and Time Magazine reports he’s told allies he intends to deploy as much as $50 million of his own money to succeed Cardin.

Another name to watch is Rep. Jamie Raskin, a progressive favorite who defeated Trone in that 2016 primary. Raskin, who recently finished a successful treatment for diffuse large B cell lymphoma, said through his aides he was considering a statewide campaign. Kurtz, though, believes it’s more likely the congressman will stay in the lower chamber. 

Montgomery County Councilmember Will Jawando, meanwhile, said two weeks ago he was thinking about a Senate bid, and Maryland Matters now writes he’s “preparing to run.” The councilmember, whose father immigrated to the U.S. from Nigeria, would be Maryland’s first Black senator. Jawando also competed in that 2016 primary for the 8th District and finished with just 5%, but he won his current countywide seat two years later; Kurtz predicts that, should Raskin go for Senate after all, Jawando would instead run for the 8th again.  

But wait, there’s more! Baltimore County Executive Johnny Olszewski’s team also says their boss is interested, and unlike the aforementioned four officeholders, his geographic base of support comes from the Baltimore suburbs rather than the D.C. area. (Baltimore County is a separate jurisdiction from the neighboring city of Baltimore.) The executive, though, has also been eyeing a campaign for the 2nd District should veteran Rep. Dutch Ruppersberger retire; a spokesperson for the 77-year-old congressman said Ruppersberger “has not made any decisions about the next term, nor does he have a timeline to do so.”

Kurtz additionally names Rep. John Sarbanes as another person who is “expected to consider,” though there’s no word from the congressman. Sarbanes is the son of Cardin’s predecessor, the late Paul Sarbanes, and he mulled a bid for the state’s other Senate seat in 2015 before opting to stay put. The congressman, though, doesn’t appear to have been getting ready for a campaign for his father’s old seat, though, as he raised just $10,000 during the first three months of 2023.

FiveThirtyEight’s Geoffrey Skelley also offers former DNC chair Tom Perez, who narrowly lost this primary to Moore last year, as a possibility, though Perez doesn’t appear to have said anything about a bid. There’s additionally talk that Sierra Club Executive Director Ben Jealous, who badly lost the 2018 race for governor to Republican incumbent Larry Hogan, could go for it, though a former Jealous aide tells Politico “he has made clear to them that his preference is for Jamie Raskin to run.”

The GOP wish list, by contrast, pretty much starts and ends with Hogan, who left office earlier this year, but he once again doesn’t sound at all likely to go for it. The party unsuccessfully recruited the outgoing governor to take on Democratic Sen. Chris Van Hollen last year, and a source told Politico that his response to their new charm offensive was to again say that “he has never been interested in the Senate.” On Monday, the head of Hogan’s political organization forwarded Maryland Matters that article when asked if the former governor was now thinking about making the race.

Whoever eventually wins will succeed a senator who, despite one tough race in 2006, never lost an election in a career that began when Lyndon Johnson was in the White House. Cardin grew up in a notable Baltimore political family that included his father, Meyer Cardin, who was elected to his sole four-year term state House in 1934 and later became a judge. An uncle, Maurice Cardin, enjoyed a 20-year career in the lower chamber, but he made it clear to his nephew that he wanted him as his successor when he retired.

That day came in 1966 when Ben Cardin was 23 and still a University of Maryland law student: Maurice Cardin himself recounted in 1982 that as the pair stood outside a polling place on Election Day voters went up to him rather than the soon-to-be-victorious candidate and said, "I voted for you again." The younger Cardin himself would say in 2006, "I worked hard in that [first] election, but I think it's fair to say that without the name, I wouldn't have won." But Cardin, with his uncle's encouragement, successfully sought a post on the powerful Ways and Means Committee and quickly became a respected member, and he went on to chair the body.

The delegate rose further in the state House by securing enough support to become speaker even before Election Day 1978, and the 35-year-old became the youngest person in state history up until that point to lead the chamber. Cardin, the Washington Post would write four years later, enjoyed "power [that] is almost absolute," and while there was talk he'd run as Gov. Harry Hughes running mate in 1982 to set himself up for a future bid for the top job, the speaker unsurprisingly opted to stay put. However, while Cardin said, "I would like to be governor some day," the paper noted that his name recognition was so low outside political circles that he'd had a tough time prevailing statewide.

While the speaker did eye a 1986 bid for governor, he instead ran that year to replace Rep. Barbara Mikulski when she left the safely Democratic 3rd District behind to wage a victorious Senate bid. Cardin easily claimed the nomination to replace her ahead of an overwhelming win, and he never had trouble holding his seat. The congressman, just like he did in the legislature, went on to become a member of the Ways & Means Committee and respected policy wonk, though essentially everyone agreed he was anything but a compelling orator. Cardin did spend much of 1997 mulling a primary campaign​ against Gov. Parris Glendening​, who suffered from low approval ratings, but the governor successfully maneuvered​ to keep him out​.  

Cardin finally got the chance to campaign statewide in the 2006 cycle when Maryland's other Democratic senator, Paul Sarbanes, retired, and what followed were the only seriously contested primary and general election campaigns he’d ever go through. His most prominent intra-party foe was former NAACP president Kweisi Mfume, a former congressman who would have been the state's first Black senator.

Cardin enjoyed a big financial advantage and considerably more support from powerful state Democrats, but Mfume's charisma and deep ties with the state's large African American population made him a formidable opponent. Cardin won by a tight 44-41 margin but immediately had to prepare for an expensive showdown with Lt. Gov. Michael Steele, who was Maryland’s first Black statewide elected official.

Democrats feared that, despite George W. Bush's horrible approval ratings, Steele could win enough African American support to pose a serious threat to Cardin. "The challenge of the opportunity is to build a bridge to communities the Democratic Party has taken for granted and has, by its choice of nominee," Steele declared on the campaign trail, while Mfume himself warned his party it wasn't doing enough to appeal to Black voters. This was another contest where Cardin, who joked in his own campaign ads, "Who says I'm not flashy?" faced a far more charismatic opponent, but he and his allies pushed back by tying Steele to Bush.

Cardin aired a spot late in the campaign where actor Michael J. Fox, who has Parkinson's disease, told the audience that Steele wanted to "put limits on the most promising stem cell research." The Republican responded with his own commercial featuring his sister, a pediatrician who has multiple sclerosis, pushing back and condemning Cardin, but it wasn't enough. The Democrat prevailed 54-44, though Steele's losing effort helped launch him to a high-profile and turbulent career helming the Republican National Committee from 2009 to 2011; Mfume, for his part, returned to the House in a 2020 special election.

Cardin had a far easier time in 2012 when he turned back a primary challenge from state Sen. C. Anthony Muse, who had made a name for himself as a prominent opponent of same-sex marriage, 74-16. The incumbent went on to win a low-profile general election 56-26 against Republican Dan Bongino, a former Secret Service agent who would almost win a House race two years later before reinventing himself as a Trumpian commentator.

The Cardin family suffered a political setback in the 2014 primary for attorney general when the senator's nephew, Del. Jon Cardin, took a distant second to eventual winner Brian Frosh, but Ben Cardin himself remained entrenched at home. In 2018 he won renomination in an 80-6 landslide over Chelsea Manning, the former Army soldier who was convicted of giving hundreds of thousands of classified military reports to the site Wikileaks, and he secured his final term with ease months later.

Election Night

Lincoln, NE Mayor: Republicans on Tuesday are hoping to oust Lincoln Mayor Leirion Gaylor Baird, who is one of the few prominent Democrats who holds elected office in Nebraska, and the Flatwater Free Press' Ryan Hoffman reports that one family is spending huge to do it.

The Peed family, which owns the Lincoln-based information processing giant Sandhills Global, and their company together donated $1.1 million through April 17 to former Republican state Sen. Suzanne Geist's campaign, which Hoffman says represents about two-thirds of all the money that the candidate has received, and another $535,000 to her allied PAC. The Peeds have not revealed why they're hoping to unseat Gaylor Baird in the officially nonpartisan race, though they've become prolific GOP donors since 2020. Gaylor Baird, for her part, is hoping to portray Geist as "beholden" to her contributors.

Senate

MI-Sen: John Tuttle, who serves as vice chair of the New York Stock Exchange, is the newest Republican name to surface as a possible contender in a race where the party doesn't currently have any viable options. Politico's Ally Mutnick writes that Tuttle, who "splits his time" between New York and Michigan, is mulling over the idea, and NRSC chair Steve Daines praised him as "a strong potential recruit."

NJ-Sen: The New Jersey Globe writes that no notable Republicans appear interested in taking on Democratic incumbent Robert Menendez even as he's under federal investigation for corruption, though the article mentioned state Sen. Mike Testa, Assemblywoman Aura Dunn, and Warren County Commissioner Lori Ciesla as possible just-in-case contenders.  

NY-Sen: A spokesperson for Rep. Alexandria Ocasio-Cortez played down talk that her boss could challenge Sen. Kirsten Gillibrand for renomination, telling Politico, "She is not planning to run for Senate in 2024. She is not planning to primary Gillibrand." That answer, as the story notes, isn't quite a no, but fellow Rep. Jamaal Bowman adds that he hasn't heard any discussion of AOC running "for months or weeks."

Politico adds that, while former Rep. Mondaire Jones mulled his own campaign against Gillibrand a while back, he's now decided not to go for it and is focusing on his likely bid to regain the 17th Congressional District from Republican incumbent Mike Lawler. Disgraced former Gov. Andrew Cuomo's camp, though, characteristically didn't comment when asked about his own interest in a Senate run, which at least keeps this bit of chatter alive.  

TX-Sen: Rep. Colin Allred, reports Politico, plans to announce "as soon as this week" that he'll challenge Republican Sen. Ted Cruz, a development that would give Democrats a prominent candidate in a tough state.

WI-Sen: An unnamed source tells The Dispatch that businessman Kevin Nicholson is "keeping a close eye on" getting into the GOP primary to face Democratic incumbent Tammy Baldwin, a contest where the party is waiting for its first viable contender to step up. Nicholson is a former College Democrats of America president who lost the 2018 primary to face Baldwin and dropped out of last year's nomination contest for governor.

WV-Sen: The far-right Club for Growth has launched its first TV ad against Gov. Jim Justice ahead of next year's GOP primary for $10,000, which is about how much money its endorsed candidate, Rep. Alex Mooney, devoted to his first anti-Justice broadside. This minute-long spot, which like Mooney's offering seemed to be aimed more at attracting media attention than getting seen on TV, excoriates the governor as a greedy coal billionaire who "got filthy rich by stiffing working people and small businesses out of millions, leaving a trail of tears and broken promises on his way to the Fortune 400 list."

Governors

NH-Gov: Manchester Mayor Joyce Craig on Monday formed an exploratory committee, a step no other Democrats have taken yet as they wait to see if GOP Gov. Chris Sununu will seek another term next year. Craig, who didn't say how she'd be affected by the incumbent's deliberations, kicked off her effort with support from former Gov. John Lynch, who left office in 2013 after completing his fourth two-year term.

Later in the day 2022 nominee Tom Sherman said he would not be running again, but another Democrat isn't dismissing chatter she could campaign for governor. Executive Councilor Cinde Warmington, who has reportedly been thinking about running, responded to Craig's announcement by saying, "There will be plenty of time for politics later."

WA-Gov: Washington Gov. Jay Inslee declared Monday that he wouldn't seek what would have been a historic fourth term as chief executive of the Evergreen State, a move that will set off a battle to succeed him next year. Under state election law all the candidates will run on one ballot rather than in separate party primaries, and the top two contenders, regardless of party, will advance to the general election. Republicans haven't won this office since the late John Spellman prevailed in 1980, though Inslee himself only narrowly prevailed the last time this post was open in 2012.

Two of Inslee's fellow Democrats, Attorney General Bob Ferguson and Public Lands Commissioner Hilary Franz, have long said they'd be interested in running whenever he retired, and the Seattle Times relays that each of them are "expected to quickly announce" their bids. King County Executive Dow Constantine, though, said in March he'd be staying put.

The GOP has a small bench in this longtime Democratic bastion, and it remains to be seen if the party will be able to mount a strong effort at a time when it has no statewide elected officials to turn to. The Dispatch reported in February that former Rep. Jaime Herrera Beutler was interested, though we haven't heard anything new since. Pierce County Executive Bruce Dammeier, however, took his name out of contention over a month ago.

Inslee's departure marks the conclusion of a career that that's seen both plenty of triumphs and some big setbacks. The Democrat first won office in 1988 when he pulled off a close victory for the state House, and he sought a promotion four years later by running for the open 4th Congressional District in the rural central part of the state.

Inslee managed to advance to the general election by edging out Democratic state Sen. Jim Jesernig 23-22 in the blanket primary, a precursor to the modern top-two primary, but he faced a tough fight in the fall against Republican colleague Doc Hastings. Inslee won 51-49 at the same time that, according to analyst Kiernan Park-Egan, George H.W. Bush was carrying the seat 43-35 over Bill Clinton (independent Ross Perot secured another 22%), but he had little time to rest up.

Hastings came back for a rematch in 1994 and emphasized the incumbent's support for the Clinton administration's assault weapons ban, a vote the Democrat would acknowledge hurt him at home. The GOP wave hit Washington hard and Hastings unseated Inslee 53-47 at the same time that Speaker Tom Foley was losing re-election to George Nethercutt in the neighboring 5th District, and both constituencies have remained in GOP hands ever since. Another victor that year was Republican Rick White, who denied then-Rep. Maria Cantwell a second term in the 1st District near Seattle.

But while that disastrous cycle ended plenty of Democratic careers (though not Cantwell’s), Inslee was determined that his would not be one of them. The ousted congressman, who soon moved to the Puget Sound community of Bainbridge Island, announced a 1996 campaign for governor and said of his recent defeat, "What it showed was when you vote your convictions over political expediency, on occasion it's not good for your career." Inslee, though, struggled to gain traction in a field that included the eventual winner, Democratic King County Executive Gary Locke, as well as Seattle Mayor Norm Rice, and he finished fifth in the blanket primary with just 10%.

Inslee then set his sights on a 1998 House comeback bid against White in a constituency that, per Park-Egan, had supported Clinton 51-37 two years before. Inslee, who had no intra-party opposition this time, was in for a difficult fight in a seat both parties identified as a major battleground, and White's 50-44 lead in the blanket primary seemed to foreshadow another uphill race for the Democrat.

The incumbent, though, wasn't as strong as he appeared to be. White had just gone through a high-profile divorce, and he feared that the third-party candidacy of social conservative Bruce Craswell would cost him some much-needed support. Inslee, meanwhile, ran ads blasting the Republicans for waging a long impeachment battle against Clinton, which proved to be a compelling argument that year. Inslee got back to the House by winning 49.8-44.1, with Craswell taking the balance.

Inslee's second stint in Washington, D.C., went far better for him than his first, and he never failed to win re-election by double digits. The Democrat, however, decided to give up his secure seat in 2012 for another campaign for governor even though retiring incumbent Christine Gregoire's weak approval ratings presented a big opening for the GOP. Republicans quickly consolidated around Attorney General Rob McKenna, who had scored a 59-41 victory in 2008 during an awful year for his party, while Inslee also had no serious intra-party opposition.

Most polls through July showed McKenna in the lead but Inslee, who resigned his seat to focus on his statewide bid, worked hard to tie his opponent to unpopular national Republicans. The Democrat, in one debate, responded to the attorney general's declaration that he didn't want Washington to be a place where a third of residents were on Medicare by saying, "Remember when Mitt Romney talked about the 47% that just weren't sort of part of our family in a sense? And now my opponent says that this one out of three somehow should not have insurance." McKenna worked to win over enough Obama voters to prevail, but he wasn't able to take quite enough: Inslee instead scored a 52-48 victory at a time when the president was carrying Washington 56-41.

The new governor got a big setback before he took office when two renegade Democrats in the state Senate, Tim Sheldon and Rodney Tom, put the GOP minority in charge of the chamber even though Democrats nominally held a 26-23 edge. Inslee himself appeared to be a tempting target for 2016 after several polls showed him with an unimpressive approval rating, but potentially strong GOP foes like McKenna and Rep. Dave Reichert sat the race out. The Republican who eventually stepped forward, Port of Seattle Commissioner Bill Bryant, struggled with fundraising, and the governor beat him 54-46 as Hillary Clinton was scoring a 53-37 victory here.

Inslee had a better second term, especially after a 2017 special election put his party in control of the state Senate at long last, and in 2019 he joined a crowded presidential field. The governor's would-be successors, though, found themselves waiting for months to see if he'd turn around and seek a third term at home, which is exactly what happened when Inslee ended his White House quest in the face of poor polling. Inslee went on to become the first three-term governor since Dan Evans secured re-election in 1972 after he scored an easy 57-43 victory over far-right foe Loren Culp, a former small-town police chief who refused to recognize his landslide loss.

House

NY-03: Former state Sen. Anna Kaplan filed FEC paperwork Monday for a potential Democratic primary bid for the seat still held by scandal-drenched incumbent George Santos.

Kaplan, a Jewish refugee from Iran who came to the United States as a child, was a North Hempstead town councilwoman when she took fourth place in the 2016 nomination fight for a previous version of this seat. She had far more success two years later when she decisively unseated Republican state Sen. Elaine Phillips, but Kaplan went on to lose her 2022 general election to former state Sen. Jack Martins 53-47. Martins himself didn't rule out a campaign of his own against Santos in January, though he didn't sound likely to go for it.

WA-03: Camas City Councilor Leslie Lewallen announced last week that she'd run as a Republican in next year's top-two primary to face freshman Democratic Rep. Marie Gluesenkamp Perez. Lewallen, whose city has a population of just over 27,000, argued, "We already have a plan to raise more than the $5 million it will take to win this seat." This southwestern Washington constituency favored Donald Trump 51-47.

Lewallen joins a field that already includes Joe Kent, the far-right Republican who announced in December that he'd run to avenge his 50.1-49.9 upset loss against Gluesenkamp Perez from the month before. The incumbent, though, massively outraised Kent $820,000 to $200,000 during the first quarter of 2023, and she finished March with a $660,000 to $210,000 cash-on-edge advantage.

Morning Digest: Democrats and Republicans unite to elect an independent as speaker … in Pennsylvania

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

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Leading Off

PA State House: In a pair of true surprises, moderate Democrat Mark Rozzi was elected speaker of the Pennsylvania state House Tuesday just before he announced that he’d lead the chamber as an independent.

Rozzi, who will be the first non-aligned speaker in the history of the body, defeated Republican state Rep. Carl Metzgar 115-85 after Democratic leader Joanna McClinton threw her support behind him rather than submit her own name. Following that endorsement, the entire Democratic caucus supported Rozzi, while 16 Republicans crossed over to back him. Rozzi’s win comes after two months of uncertainty about which party would lead the chamber, though few observers guessed that the answer would be neither.

Democrats, including Rozzi, won 102 of the 203 seats in the House on Nov. 8, which appeared to set them up for their first majority since the 2010 GOP wave. However, Democrats could only claim 99 members because state Rep. Tony DeLuca was re-elected a month after he died, while fellow Pittsburgh-area Democrats Summer Lee and Austin Davis resigned weeks later to prepare to assume their new roles as congresswoman and lieutenant governor, respectively. Republicans therefore began Tuesday with a 101 to 99 advantage, but no one knew if that would be enough for the party to elect a speaker.

Indeed, a deadlock appeared certain after one Republican joined the Democratic caucus in voting to adjourn during the middle of the day―a tied vote that failed because the remaining 100 Republicans were opposed. Unexpectedly, though, multiple Republicans and Democrats soon nominated Rozzi, whose name hadn’t previously been seriously mentioned. Rozzi prevailed with the support of all of the Democrats and a minority of Republicans, including Bryan Cutler, who had been speaker going into November’s elections.

So, what happens next? First, there will almost certainly be a vacant GOP-held seat before long, as state Rep. Lynda Schlegel Culver is the favorite to win the Jan. 31 special election for a dark red state Senate district. Culver’s 108th House District supported Donald Trump 65-33 in 2020, but her absence could deny her party a crucial vote in the closely divided lower chamber until a special election could take place. PennLive.com says such a race likely wouldn’t take place before May 16, which is the same date as Pennsylvania's regular statewide primary.

As for the three vacant Democratic constituencies, both parties agree that a Feb. 7 special will go forward in DeLuca’s HD-32, which went for Joe Biden 62-36. In Pennsylvania special elections, the parties, rather than voters, choose nominees: Democrats have selected local party official Joe McAndrew, while Republicans are fielding pastor Clay Walker.

There’s no agreement, however, about when the contests for Lee’s and Davis’ constituencies will take place. That’s because legislative special elections are scheduled by the leader of the chamber with the vacant seat, but there was no speaker between late November, when the last session ended, and Tuesday. That duty, as a result, fell to the majority leader, and both McClinton and Cutler claimed that title in December, issuing dueling writs of election: McClinton set these two specials to also take place on Feb. 7, while Cutler picked May 16.

Cutler filed a lawsuit to block McClinton’s schedule, but the Pennsylvania Department of State is going forward with February specials right now. There’s no question that Democrats will hold Lee’s HD-34, which Biden took 80-19, but the president pulled off a smaller 58-41 win in Davis’ HD-35.

Democrats in the former district have picked Swissvale Borough Council President Abigail Salisbury, who will go up against kickboxing instructor Robert Pagane. The Democratic nominee to succeed Davis is Matt Gergely, who serves as finance director for the community of McKeesport. Local Republicans are running Don Nevills, who lost to Davis 66-34 in November; Nevills himself has said in his social media posts that the special will be Feb. 7.

P.S. Rozzi’s win makes this the second time in the 21st century that Pennsylvania Democrats successfully maneuvered to stop Republicans from taking the speakership. In 2006, Democrats likewise won a 102-101 majority, but one of their members, Thomas Caltagirone, soon announced he’d cross party lines to keep Republican John Perzel on as speaker instead of electing Democrat Bill DeWeese. DeWeese, who was speaker in 1994 when Democrats last controlled the chamber, ended up nominating Republican Dennis O'Brien rather than put his name forward; O’Brien ultimately won 105-97.

Democrats secured a workable majority the following year, and Keith McCall became the party’s first, and to date only, speaker since DeWeese. In a strange twist, DeWeese and Perzel went on to become cellmates after being convicted in separate corruption cases. Incidentally, one House Democrat heavily involved in the plan to make O'Brien speaker was Josh Shapiro, now the governor-elect of Pennsylvania.

Senate

AZ-Sen: Doug Ducey, whose tenure as governor ended on Monday, said before Christmas he was "not running for the United States Senate" and that "it's not something I'm considering." And just like two years ago, Ducey's fellow Republicans are not taking this seemingly unequivocal statement as final: Utah Sen. Mitt Romney, who is another Republican on Donald Trump's shit list, instead told The Hill, "I hope that he'll get in."

Former state Board of Regents member Karrin Taylor Robson, who narrowly lost last year's primary to succeed Ducey, may be more interested in campaigning for the Senate seat held by Democrat-turned-independent Kyrsten Sinema. Vox's Christian Paz writes that Taylor Robson "told me she is not ruling out running for statewide office again," though it's not clear if the former regent said anything about the Senate in particular.

On the Democratic side, Rep. Ruben Gallego released late-December numbers from Public Policy Polling showing a tight race whether or not Sinema runs. The survey found Republican Kari Lake, who continues to deny her loss to now-Gov. Katie Hobbs, edging out Gallego 41-40, with Sinema grabbing 13%. When the incumbent is left out, however, it's Gallego who leads Lake 48-47. The congressman has made it clear he's likely to run, while NBC reported last month that Lake is trying to recruit Pinal County Sheriff Mark Lamb rather than campaign herself.

The poll was conducted days before The Daily Beast's Sam Brodey reported that Sinema's office had a 37-page guide for staffers that includes tasks that "appear to go right up to the line of what Senate ethics rules allow, if not over." Among other things, Brodey writes that Sinema requires her subordinates perform personal tasks for her, including arranging massages and buying groceries on their own dime, which she later reimburses them for.

The Senate's ethics handbook, though, specifies that "staff are compensated for the purpose of assisting Senators in their official legislative and representational duties, and not for the purpose of performing personal or other non-official activities for themselves or on behalf of others." Sinema's spokesperson told Brodey that "the alleged information—sourced from anonymous quotes and a purported document I can't verify—is not in line with official guidance from Sen. Sinema's office and does not represent official policies of Sen. Sinema's office."

IN-Sen, IN-Gov: Bellwether Research released mid-December numbers before Christmas for the 2024 GOP primaries for the Senate and governor: The firm previously worked for former Gov. Mitch Daniels, who is a prospective Senate candidate, but a Daniels consultant tells Politico's Adam Wren that this survey was done without his knowledge.

The firm tested out hypothetical Senate scenarios with and without Daniels, who just completed his tenure as president of Purdue University. We'll start with the former matchup:

former Purdue University President Mitch Daniels: 32

Rep. Jim Banks: 10

former Rep. Trey Hollingsworth: 9

Rep. Victoria Spartz: 7

Attorney General Todd Rokita: 7

Someone Else: 6

In the Daniels-free scenario, Rokita leads Banks 16-14 as Spartz and Hollingsworth grab 12% and 11%, respectively.

Spartz herself quickly publicized her own numbers from Response:AI that put Daniels in front with 35% as she and Banks deadlocked 14-14 for second. That survey placed Hollingsworth at 6% while two people who were not tested by Bellwether, 2022 House nominee Jennifer-Ruth Green and disgraced former Attorney General Curtis Hill, took 4% and 2%. Wren recently named Hill, whom we hadn't heard mentioned for Senate, as a possible candidate, though there's been no sign yet that he's thinking about campaigning.

None of the other Republicans tested in either poll are currently running for the Senate either, and Daniels' ultimate decision may deter some of them from getting in. Indeed, an unnamed person close to Spartz told Politico that she may decide not to go up against the former governor: The congresswoman, writes Wren, "declined to comment on that question, but told POLITICO she is seeking a meeting with Daniels before making her decision."

A Banks ally, though, insists his man "won't make his decision based on what others do and I think the poll numbers released by Daniels and Spartz will only embolden him to run."

Bellwether also posted numbers for the GOP race to succeed termed-out Gov. Eric Holcomb:

Sen. Mike Braun: 25

Attorney General Todd Rokita: 9

Lt. Gov. Suzanne Crouch: 7

former Rep. Trey Hollingsworth: 6

Businessman Eric Doden: 3

Someone Else: 9

Braun, Crouch, and Doden are currently running.

Governors

KY-Gov: State Rep. Savannah Maddox announced days before Christmas that she was dropping out of the packed May Republican primary to face Democratic Gov. Andy Beshear.

An unnamed GOP source soon told the Lexington Herald Leader they believed Maddox's departure means that Papa John's founder John Schnatter "could get in the race, since he's got the resources and with Savannah not in the race it could open up a lane." Schnatter, who resigned as board chairman in 2018 after news broke that he'd used racist language, has not taken any obvious steps toward running ahead of Friday's filing deadline.

Self-funder Kelly Craft, meanwhile, is not waiting until the field fully takes shape to go up with the first TV campaign ad of the contest, which the paper says ran for $114,000 from Dec. 27 to Jan. 3. Craft uses the message to tout her roots growing up on a farm in Barren County in the south-central party of the state, and she goes on to tout how she went on to become ambassador to the United Nations. The ad shows photos of Craft with Donald Trump, who is supporting Attorney General Daniel Cameron for the GOP nod.  

MS-Gov: The Daily Journal reported before Christmas that Secretary of State Michael Watson is indeed considering taking on Gov. Tate Reeves in this August's Republican primary. Watson and other potential contenders have until the Feb. 1 filing deadline to make up their minds, but there's one name we can already cross off. While former state Rep. Robert Foster, who took third in 2019, reportedly was thinking about another campaign over the summer, he announced last week that he'd instead run for a seat on the DeSoto County Board of Supervisors.

NC-Gov, NC-??: The conservative Washington Examiner relayed in mid-December that former Rep. Mark Walker is considering seeking the Republican nomination for governor or to return to the House after his party crafts a new gerrymander. Walker last cycle campaigned for the Senate even though Donald Trump tried to persuade him to drop down and run for the lower chamber, but he earned just 9% of the primary vote for his stubbornness.

House

MD-05: Veteran Rep. Steny Hoyer told CNN Sunday that he hadn't ruled out seeking re-election in 2024 even though he's no longer part of the Democratic leadership. "I may. I may," the incumbent said about waging another run.

MD-08: Democratic Rep. Jamie Raskin said last week that he'd "been diagnosed with Diffuse Large B Cell Lymphoma, which is a serious but curable form of cancer." Raskin added that he was "about to embark on a course of chemo-immunotherapy on an outpatient basis," and that "[p]rognosis for most people in my situation is excellent after four months of treatment." The congressman also said he planned to keep working during this time, and he was present Tuesday for the opening of the 118th Congress.  

NY-03: At this point in the George Santos saga, his entirely fictional life story is almost beside the point: When he's called on any of his lies, he just lies some more—it's pathological. But that same reckless behavior is also why the new Republican congressman-to-be is in serious legal jeopardy, at the local, state, federal, and, amazingly, international levels. And because of that, he's exceedingly unlikely to serve out a full term. So what happens if he resigns?

In short, there would be a special election, but in a break with past practice, we'd immediately know when it would take place—and it would happen quickly. Governors in New York previously had wide latitude over when to call elections to fill vacant posts, both for Congress and state legislature, and disgraced former Gov. Andrew Cuomo notoriously abused this power, frequently delaying specials when it suited him.

But in 2021, as state law expert Quinn Yeargain explains, lawmakers finally passed legislation to correct this problem, which Cuomo signed shortly before resigning. Now, Gov. Kathy Hochul would be required to call a special election within 10 days of Santos' seat becoming vacant, and that election would have to take place 70 to 80 days afterward. This law has already come into play multiple times, including for two congressional special elections that took place last year.

One thing hasn't changed, though: There still would be no primaries. Instead, as per usual, nominations for Democrats and Republicans alike would be decided by small groups of party insiders. The actual election would, however, be hotly contested. While Joe Biden would have carried New York's 3rd District, which is based on the North Shore of Long Island, by a 54-45 margin, according to our calculations, Republican Lee Zeldin almost certainly won it in last year's race for governor. Santos dispatched Democrat Robert Zimmerman 52-44 after Democratic Rep. Tom Suozzi left the seat open to pursue his own unsuccessful gubernatorial bid.

NY-17: Former Rep. Mondaire Jones told NY1 before Christmas that he was not ruling out seeking the Democratic nomination to take on the new Republican incumbent, Mike Lawler. Jones unsuccessfully decided to run in New York City last year in order to avoid a primary against DCCC Chair Sean Patrick Maloney, who himself went on to lose to Lawler, but he made it clear a future campaign would take place in the area he'd represented. "I've also learned my lesson, and that is home for me is in the Hudson Valley," Jones said.

VA-04: Jennifer McClellan beat her fellow state senator, conservative Joe Morrissey, in an 85-14 landslide to win the Democratic nomination in the Dec. 19 firehouse primary to succeed the late Rep. Donald McEachin. McClellan should have no trouble defeating Republican nominee Leon Benjamin, who badly lost to McEachin in 2020 and 2022, in the Feb. 21 special election for this 67-32 Biden seat; McClellan's win would make her the first Black woman to represent Virginia in Congress.

WA-03: Democrats will still have election conspiracy theorist Joe Kent to kick around this cycle, as the 2022 GOP nominee declared before Christmas, "I'm running again in 2024."

DCCC: House Democratic leader Hakeem Jeffries announced ahead of Christmas that the new DCCC chair would be Rep. Suzan DelBene, who represents a Washington seat that Joe Biden carried 64-33. Jeffries' decision came weeks after House Democrats voted 166-38 to give the caucus' leader the opportunity to select the head of the DCCC rather than have the chair be elected by the full body. The new rule still requires members approve the choice, and they ratified DelBene two days after she was picked.

Attorneys General and Secretaries of State

AZ-AG: Democrat Kris Mayes' narrow win over election denier Abe Hamadeh was affirmed after a recount concluded last week, and Mayes was sworn in as attorney general on Monday. The Democrat's margin dropped from 511 to 280 votes; most of this difference came from dark red Pinal County, which said it had initially failed to count over 500 ballots because of "human error." Hamadeh characteristically refused to accept his defeat and announced Tuesday he was "filing a 'Motion for New Trial.'"

Judges

NY Court of Appeals: Democratic Gov. Kathy Hochul nominated Hector LaSalle, an appeals court judge, to fill the vacant post of chief judge on New York's highest court just before the holidays, but her decision was immediately met with fierce resistance by state senators in her own party, 14 of whom have already publicly come out against the choice.

LaSalle, who was named to the Appellate Division by disgraced former Gov. Andrew Cuomo in 2014, has compiled what City & State described as one of the "most conservative" records of any appellate judge in the state. Progressives have raised serious alarms over his hostility toward criminal defendants, labor unions, and especially reproductive rights: A group of law professors have pointed to a 2017 decision LaSalle signed on to that helped shield a network of so-called "crisis pregnancy centers" (which try to dissuade women from getting abortions) from an investigation by the state attorney general.

At stake is more than LaSalle's promotion, though: The seven-member top court, known as the Court of Appeals, has for several years been in the grips of a reactionary four-judge majority that has ruled against victims of police misconduct, workers seeking compensation for injuries on the job, and tenants who'd been overcharged by their landlords. Most notoriously, this quartet—all appointed by Cuomo—struck down new congressional and legislative maps passed by Democratic lawmakers last year on extremely questionable grounds and ordered that a Republican judge in upstate New York redraw them.

Leading this coalition was Chief Judge Janet DiFiore, who unexpectedly announced her resignation last year. That vacancy has given Hochul the chance to reshape the court, but instead she's tapped someone who appears poised to continue DiFiore's legacy. But while judicial confirmations in New York are normally sleepy affairs, a large number of senators—who'd be responsible for voting on LaSalle's nomination—immediately denounced the choice.

That chorus of opposition hit a crucial threshold shortly before the New Year when state Sen. Mike Gianaris, a member of leadership, became the 11th Democrat to say he would vote against LaSalle. With 42 Democrats in the 63-member upper chamber but only 28 still open to Hochul's pick, the governor would now have to rely on the support of Republicans to confirm LaSalle. None, however, have yet come out in favor.

There's no definite timeline for confirmation hearings or a vote on LaSalle's nomination, but if Hochul were to withdraw his name, she'd be able to choose from a list of six other candidates vetted by the state's Commission on Judicial Nomination. A coalition of progressive groups previously endorsed three individuals on that list while calling three others, including LaSalle, "unacceptable" (a seventh option was unrated). If instead LaSalle were voted down by the Senate, the entire process would start over again, with the commission once again reviewing potential candidates.

WI Supreme Court: Judge Everett Mitchell, a progressive candidate for an open seat on the Wisconsin Supreme Court this spring, was accused by his then-wife of sexual assault during their 2010 divorce proceeding, the Milwaukee Journal-Sentinel's Dan Bice reported on Tuesday. Mitchell was never charged with any wrongdoing and has denied the allegations, while his ex-wife, Merrin Guice Gill said her former spouse "should be evaluated on the work he has done and the work he is doing as a judge" rather than on her past accusations.

However, Guice Gill "declined to say whether she stood by the abuse allegations," telling Bice, "I'm not going to respond to that." During her divorce, Bice writes that she told the court that Mitchell had "undressed her and had sex with her without consent shortly after she took a sleeping pill" in 2007 and also provided documents showing she had informed both her therapist and a police officer about the alleged incident shortly afterwards. The accusations came up when she contacted police about a possible custody dispute involving the couple's daughter, but she declined to press charges, saying that she "was only concerned with her daughter's whereabouts."

Mitchell is one of two liberals seeking a spot on the Supreme Court, along with Judge Janet Protasiewicz. Two conservatives are also running, former Justice Dan Kelly and Judge Jennifer Dorow. All candidates will appear together on an officially nonpartisan primary ballot on Feb. 21, with the top two vote-getters advancing to an April 4 general election. The seat in question is being vacated by conservative Justice Pat Roggensack; should progressives win, they'd take control of the court from the current 4-3 conservative majority.

Legislatures

AK State House: A judge ruled ahead of Christmas that far-right state Rep. David Eastman's membership in the Oath Keepers does not preclude him from serving in elected office even though the state constitution prevents anyone from holding office who "advocates, or who aids or belongs to any party or association which advocates the overthrow by force or violence of the United States."

Goriune Dudukgian, the attorney representing an Eastman constituent who sued to block him from holding office, said Tuesday his camp would not appeal. No one has formed a majority coalition in the Alaska State House in the almost two months since the election.

NY State Senate: Democrats learned ahead of Christmas that they'd maintained a two-thirds supermajority in the upper chamber after a judge ruled that incumbent John Mannion had fended off Republican Rebecca Shiroff by 10 votes in his Syracuse-based seat. Shiroff conceded the contest, and Mannion's term began New Year's Day.

OH State House: While Democrats are deep in the minority in the Ohio state House, the caucus joined with enough GOP members on Tuesday to elect Republican Jason Stephens as speaker over Derek Merrin, who began the day as the heavy favorite to lead the chamber. Cleveland.com's Jeremy Pelzer writes, "Stephens, while conservative, is not considered to be as far to the right as Merrin."

The GOP enjoys a 67-32 majority, so a Merrin speakership appeared likely after he won November's caucus vote against Stephens. Pelzer writes that in the ensuing weeks there were "rumblings since then about some sort of challenge to Merrin," but that "the insurgency to lift him to the speaker's chair only picked up speed starting a few days ago."

Indeed, Minority Leader Allison Russo says Democrats decided just two hours before the vote to cast their lot in with Stephens. Another 22 Republicans joined them, however, which left Merrin with only 43 votes. Russo, whose caucus supplied most of the support for the new speaker, declared that there was "no grand deal," but "there were lots of discussions about things and areas of agreement on issues." She also relays that Merrin spoke to her about getting Democratic support, which very much did not end up happening.

This is the second time in the last few years that the Democratic minority has played a key role in helping a Republican win the gavel over the candidate favored by most of the GOP caucus, though Merrin himself was on the other side of that vote. In 2019, he was one of the 26 Republicans who joined that same number of Democrats in supporting Larry Householder over Speaker Ryan Smith. Unlike four years ago, though, Smith got the backing of 11 Democrats as well as 34 GOP members.

Stephens, for his part, was appointed to the chamber later that year to succeed none other than Smith, who resigned to become president of the University of Rio Grande and Rio Grande Community College. The victorious Householder, though, was removed as speaker in 2020 after being arrested on federal corruption charges; Householder's colleagues expelled him the following year, though Merrin voted to keep him in office.

WI State Senate: Former state Sen. Randy Hopper ended his brief comeback campaign days after Christmas and endorsed state Rep. Dan Knodl in the Feb. 21 Republican special election primary.

Mayors and County Leaders

Chicago, IL Mayor: The Chicago Electoral Board in late December removed two minor contenders, police officer Frederick Collins and freelance consultant Johnny Logalbo, from the Feb. 28 nonpartisan primary ballot after determining that they didn't have enough valid signatures to advance. However, challenges were dropped against activist Ja'Mal Green, Alderman Roderick Sawyer, and wealthy perennial candidate Willie Wilson, so they will be competing in what is now a nine-person race.

Prosecutors and Sheriffs

Philadelphia, PA District Attorney: Pennsylvania's Commonwealth Court ruled Friday that state House Republicans failed to demonstrate any of the legally required standards for "misbehavior in office" when they voted to impeach Philadelphia District Attorney Larry Krasner in November. The order, though, did not say if Krasner's trial before the state Senate, which is scheduled for Jan. 18, must be called off.

Obituaries

Lincoln Almond: Former Rhode Island Gov. Lincoln Almond, a Republican who served from 1995 to 2003, died Tuesday at the age of 86. Almond, who made his name as the state's U.S. attorney, badly lost the 1978 general election to Democratic incumbent Joseph Garrahy, but he prevailed 16 years later by defeating state Sen. Myrth York in a close contest. You can find much more at WPRI's obituary.

Grab Bag

Where Are They Now?: Former Massachusetts Rep. Joe Kennedy III was chosen before Christmas to serve as the State Department's special envoy for economic affairs for Northern Ireland. Kennedy, who is the grandson of Robert F. Kennedy, was elected to the House in 2012 and left to unsuccessfully challenge Sen. Ed Markey in the 2020 Democratic primary.