Category: JamieRaskin

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

Posted on by Charles Jay

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.

YouTube Video

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

Posted on by Daily Kos Elections

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

Subscribe to The Downballot, our weekly podcast

Embedded Content

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

Posted on by Daily Kos Elections

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.

Subscribe to The Downballot, our weekly podcast

Embedded Content

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.

Pulling back from the ‘appalling descent’: An interview with Jan. 6 investigator Jamie Raskin

Posted on (Updated by Brandi Buchman

Jan. 6, 2021, was madness. Without a proper account of that day, the stain of its violence and betrayal, already indelibly etched into the national history, could continue to spread, shading and infiltrating every institution low and high until finally, this ‘great experiment’ collapses in on itself in a heap of dingy authoritarianism. 

For the last several weeks, the Select Committee Investigating the Jan. 6 Attack on the U.S. Capitol presented its findings on the insurrection incited by former President Donald Trump now more than a year ago.

He is the only American president ever impeached for this betrayal, making him uniquely offensive since his actions obliterated the core of what the Constitution demands of presidents above all else when they take the oath: its faithful preservation and defense.

Campaign Action

So much of what happened on the way to Jan. 6 unfolded in public. 

Trump said long before Election Day if he lost, it was because the election was rigged. Many of his personal attorneys and members of his administration spent weeks promoting or defending wild conspiracy theories of voter fraud at press conferences, on podcasts, on the radio, or on television. This continued unabated even after the nation’s Attorney General and heads of the nation’s intelligence networks confirmed to Trump in public—and in private, as the committee showed at length this summer—that his fraud claims lacked credibility entirely. 

It was an all-out assault of disinformation and propaganda aimed at convincing the American public he was not defeated after a single term in the White House where his tenure and popularity were regularly marred by the cruelty of his policies and the consequences of his own actions, like impeachment for abuse of power and obstruction of Congress.

Trump’s speech at the Ellipse on Jan. 6 was a tirade but it was also an open invitation to his most devoted followers to help him retain power by force despite losing the 2020 election popularly and by way of the Electoral College. And when the debris, blood, sweat, urine, and feces were finally cleared away from the Capitol after the mob stormed it, Trump’s second impeachment followed.

The case was, as Rep. Jamie Raskin, D-Md., told Daily Kos during an interview this week, “made almost completely with facts from the public record, and the statements and actions Trump made.”

“It was overwhelming,” Raskin said. “Although the incitement was plain to see and the violence was bloody and fresh on people’s minds, what we did not have was the detailed account of the president’s step-by-step effort to orchestrate a political coup against the election and essentially set aside Joe Biden’s seven-million-vote victory.” 

Kevin Seefried of Delaware, pictured here, was found guilty of obstruction of Congress among several other charges in June. He used the Confederate flag to jab at U.S. Capitol Police officer Eugene Goodman. Goodman was the officer responsible for luring rioters away from lawmakers by mere seconds and inches. Seefried is sentenced in September.

Now, that “detailed account” has been presented to millions of Americans.

An average of 13 million broadcast viewers watched per hearing day, according to Nielsen, hearing evidence at each juncture about how Trump: 1) worked to overturn the election results by promoting a lie; 2) attempted to install his allies at the Justice Department when legal avenues to assert his victory were defeated; 3) advanced a fake elector strategy to pressure the vice president to stop Congress from certifying the count; 4) invited a crowd he understood to be armed to march to the Capitol with him during the Joint Session of Congress; and 5) abandoned his sworn duty to protect the United States by sitting idly for nearly three hours while ignoring pleas for help as a mob erected a gallows, issued calls to hang the vice president and Speaker of the House, stormed the halls of Congress and attacked hundreds of outnumbered police officers with a barrage of lethal weapons. 

During its two primetime sessions alone, a cumulative 30 million (or more) broadcast viewers heard this evidence—and then some.

Raskin told Daily Kos in April he hoped the hearings would become a way of arming the American public with the tools of “intellectual self-defense against the authoritarian and fascistic policies that have been unleashed in this country.”

”These hearings have been so devastating for Trump and his followers because they have shown everyone exactly every effort he undertook to overturn the election and the Constitutional order. And almost all of it was based on evidence brought forth by Republican witnesses,” Raskin said by phone this week.

That is true, despite what disinformation may be flowing out from right-wing platforms. 

The testimony during the hearings overwhelmingly featured Republican lawyers, judges, political commentators, election attorneys, Trump-appointed U.S. Attorneys, a Republican city commissioner, and a Trump campaign manager, to name but a few. 

”I think [the hearings] have moved the whole spectrum of public opinion closer to the facts of what actually happened. These people who were already convinced of Donald Trump’s culpability now have a lot more evidence to corroborate their initial convictions,” Raskin reflected.

“Those who were on the fence have been moved to reject the ‘Big Lie’ and to doubt the continuing efforts to undermine the reality of Biden’s victory. Those who were in Trump’s camp as true believers have begun to melt away at the margins even though many of them are still holding firm. It does not look like a promising scenario for those who continue to want Donald Trump to be the central figure of American politics,” he said.

A Morning Consult/Politico poll released this week found that the hearings may not have shaken loose many of Trump’s most fundamental supporters, but the share of unaffiliated or independent voters in the U.S. that believe the former president is responsible for the insurrection has increased significantly. And almost more importantly, those independents who held “favorable views” of Trump have continued to dip, too. Many independents are indicating they will vote for a Democrat in November.

If the Justice Department will not make it so that Trump is unable to hold office, at the least, this should be a small comfort: the hearings have manifested an even greater number of Americans who believe there is good reason to vote against a person, or persons, who would incite a deadly insurrection. 

Raskin would like to see the Justice Department take action publicly and more definitively before the midterms. He also knows that the timing of that announcement could draw ire, and that screeches of political impropiety are likely to come.  

“But the Constitution itself regards this matter with the utmost gravity,” Raskin said. “Section III of the 14th Amendment said that people who have sworn an oath to uphold and defend the Constitution and betray it by engaging in an insurrection shall never hold federal or state office again. That is a constitutional principle.”

He continued: “It’s obviously a legitimate thing for us to be talking about. But the Department of Justice and prosecutors at other levels have to make their decisions without regard to anyone’s political plans. If people had immunity from prosecution just because they were running for office, then anybody who was suspected of a crime, any crime at all, could simply announce for political office, and then they would have legal immunity. That can’t be right,” he said.”

The committee’s debut session was a year ago this month. Police who defended the Capitol testified for the first time publicly and put a personal face on the raw, frenzied violence that most Americans only witnessed from afar.  

As the months have marched on, the committee has unearthed hundreds of thousands of pages of records from the White House and elsewhere and has interviewed over 1,000 people who were directly or indirectly involved with Jan. 6. Those interviews continue. Raskin said this week the number of former Trump aides who have come forward recently are producing a “waterfall of truth.”

Attempts to stop the committee from airing its evidence have been unceasing, yet mostly unsuccessful. Those caught in the committee’s scrutiny have been unable to cast the panel as illegitimate when fighting subpoenas in court.

The committee’s work has been overwhelmingly bolstered through judicial opinions, providing an outcome that offers benefits twice over. When Judge David Carter ruled that Trump and John Eastman, the attorney who developed a six-point strategy to overturn the election, had likely engaged in a criminal conspiracy—and further that they “engaged in a coup in search of legal theory”—it set a strong precedent for Congress and upped the ante for investigations at the Justice Department. 

Scribd Content

Carter Ruling by The Western Journal

In fact, this week, Assistant U.S. Attorney Thomas Windom revealed in court that the Department obtained a new search warrant to access records on John Eastman’s phone. This process has been unfolding for the last month. The home of Jeffrey Clark was also searched. Clark is the former DOJ attorney who Trump tried to install as attorney general after existing senior officials at the department refused his scheme to declare the election as false. And Clark’s underling, Ken Klukowski, is now cooperating with the DOJ’s probe into Jan. 6 in full, according to Klukowski’s lawyer, Ed Greim.  

Cassidy Hutchinson, who provided some of the most shocking public testimony this summer is cooperating with the department. During the hearings, she testified under oath that Trump knew the mob was armed—“I don’t fucking care that they have weapons, they’re not here to hurt me,’” she recalled him saying—and she disclosed that her boss, Trump’s Chief of Staff Mark Meadows, and Trump’s attorney Rudy Giuliani, sought pardons in the aftermath of the insurrection. She also disclosed information about a small battery of Republican lawmakers who sought pardons in the wake of Jan. 6.

She also divulged how the president wished to go to the Capitol on Jan. 6 after his speech, offering insight into his mindset that day. When this request was rejected, his outrage was so severe, Hutchinson said, that the former president lunged at the arm and neck of a Secret Service agent driving him.

Other witnesses have refused to cooperate under subpoena, courting contempt of Congress charges and indictments like Trump ally and strategist Steve Bannon and former White House trade adviser Peter Navarro. Bannon was found guilty on two counts and faces sentencing in October. Others, like Meadows or onetime adviser Dan Scavino, have cooperated to varying degrees and managed to evade prosecution. Other Trump-world officials have invoked their Fifth Amendment rights after being subpoenaed. Committee vice chair Liz Cheney said last month, more than 30 witnesses called before the committee invoked their right against self-incrimination. 

The most high profile of those figures are Eastman; Clark; longtime GOP operative Roger Stone; conspiracy theory hack and right-wing podcaster Alex Jones; and Michael Flynn, Trump’s disgraced former national security adviser.

In December 2020, Flynn publicly advocated for Trump to invoke martial law to rerun the 2020 election. He was also part of discussions with Trump and his attorneys where there was talk of the military seizing voting machines. He did not ultimately cooperate with the select committee, but in airing a five-minute clip of Flynn’s deposition, the committee allowed his silence to speak volumes.

When Cheney asked Flynn if he felt the violence on Jan. 6 was legally justified, he pleaded the Fifth. When she asked if he believed it was morally justified, he pleaded the Fifth. When she asked him if he believed in the peaceful transition of power in the United States, the retired three-star Army general pleaded the Fifth. 

A Capitol Police officer walks past a worker cleaning damage a day after a pro-Trump mob broke into the US Capitol.

With each day that has passed since the committee’s first-ever hearing last July, the truth continues to pour out. 

”The defense of the constitutional order and the rule of law should be something that unifies Americans across the political spectrum,” Raskin said. “Trump convinced millions of people that if your team does it, if they break the law or upend the Constitutional order, you embrace it or defend it regardless of how unlawful or criminal it is.”

“But that’s just an appalling descent for intellectual and ethical standards in American life,” Raskin said.

“When the people [who believed the Big Lie] called for ‘Justice for Trump’ they said ‘let the people decide.’ The people voted for Biden. But Trump tried to overthrow the election, so he was impeached for doing that. And we took it to trial, and at trial, they told us then, ‘don’t deal with this through impeachment, you could prosecute him if there was a crime.’ “

“Now the Department of Justice is investigating whether there is a crime, and these same people are saying, ‘you can’t prosecute him, it’s too political!’ No matter what is done, they essentially assert that Donald Trump is beyond the reach of the law and that is a profoundly anti-democratic attitude,” he said. 

One of the last battles to be waged between Trump and the truth about January 6 will very likely play out on the field of executive privilege disputes and crime-fraud exceptions where the Department of Justice, not the select committee, will lead the charge of a criminal investigation into the former president and his associates.

The Justice Department is moving at its own pace and operating mostly in stealth, but the dam seems to be breaking as more reporting now suggests the DOJ has its Jan. 6 prosecutors focused on two principal tracks: Trump’s possible orchestration of a seditious conspiracy and obstruction of a congressional proceeding and fraud.

The fraud track would stem from the fake-elector scheme and is believed to encompass the pressure campaign Trump and his allies put on officials at the DOJ to say the election was rigged and votes were fraudulently cast. 

The committee’s investigation, meanwhile, is still humming as members maneuver their way through new challenges—like what to do about a batch of deleted Secret Service text messages from Jan. 5 and Jan. 6 as well as deleted texts from the same period at the Department of Homeland Security. 

That department’s inspector general, Joseph Cuffari, the Washington Post was first to report on Friday, “scrapped” an effort to recover agency phones. In February, after learning that messages had been erased during a “planned” device reset, Cuffari reportedly decided to stop further review and collection of phones. He only this month notified the House and Senate Homeland Security committees of the “erased” texts. He was asked by the head of that committee, and various others 10 days after the insurrection to ensure all records and devices were preserved. 

Committee chairman Bennie Thompson, as well as Rep. Carolyn Maloney, who sits on a committee that oversees offices of the inspectors general, have called on Cuffari to recuse himself from the investigation. The director of the Secret Service, James Murray, announced late Friday he would waylay his planned July 31 retirement to “ensure our agency's continued cooperation, responsiveness, and full support with respect to ongoing congressional and other inquiries.” 

This is an unsettling series of developments, Raskin admits.

“This profound mystery of the Secret Service texts and what information is being masked by their disappearance is something we are all pursuing. We are invested in finding out the truth there,” he said.

The next hearing is expected in September and the committee plans to produce an interim report around the same time. A final report will follow, but meanwhile, over the next month, he said, “everyone has loose ends that they want to follow up on.”

During the course of its probe, every member of the committee has specialized in a different facet of the investigation.

Raskin’s focus was Trump’s mobilization of the mob as well as domestic violent extremist groups like the Proud Boys, Oath Keepers. and Three Percenters. 

“There are still significant things that we are finding out that I want to pursue there,” Raskin said. “The same goes for the shakedown of the Justice Department, the attempt to coerce state election officials, and so forth. I would say each member has his or her continuing research agenda and then we have some things we consider major to the whole of the investigation we are pursuing.” 

It has been a long year already and it is not quite yet over. As for the man at the center of the probe, former President Trump, he has yet to stop his incessant spread of disinformation about the 2020 election and is poised to take another run for the White House. 

But Raskin is optimistic. 

“I’m most optimistic about the fact that the vast majority of the American people do not believe in coups, insurrections, and political violence to usurp the will of the people. There is still a profound allegiance to constitutional democracy in the country,” he said.

He is not cynical, but “sobered” around other facts.

What “sobers him,” he said, is that Republican Party, even now “remains under the spell and stranglehold of Donald Trump.” 

He continued: “They are using every anti-democratic device in the book to thwart majority rule; from voter suppression statutes to gerrymandering of our districts to the weaponization of the filibuster to the manipulation of the Electoral College.”

“We are in a race between the clear majority’s will and preference for democratic institutions and progress and the efforts to drag us back into some kind of anti-democratic past,” Raskin remarked. 

So, then, are the people now armed with the tools of “intellectual defense” they need to resist this and other aspiring tyrants to come? 

“I don't think people will fall for any more ‘Big Lies’ or disinformation for the most part,” he said.

The lawmaker reflected: “People who have been disabused of all these notions aren’t going back. But there is an important question being tested here: whether the new propaganda systems that have grown up in the internet age can actually operate like an intellectual straight-jacket? Will millions of people really be locked into a system of lies? That’s a question that is closely connected to the future of our democracy. Democracy needs a ground to stand on, and that foundation has got to be the truth.”

Cases containing electoral votes are opened during a joint session of Congress after the session resumed following protests at the US Capitol in Washington, DC, early on January 7, 2021.

RELATED STORY: Jan. 6 committee probes depths of Trump’s dishonor in wildly revealing hearing

RELATED STORY: Witness tampering, carnage, screaming matches: Jan. 6 probe ties Trump, extremists to insurrection

RELATED STORY: Trump’s push to upend transfer of power on Jan. 6 put into staggering relief by White House witness

RELATED STORY: Pardons and a whole lot of pressure: An explosive day of testimony from Jan. 6 probe

RELATED STORY: Witnesses help tie Trump directly to bogus elector scheme during day of intense testimony

RELATED STORY: Bombshells galore as Jan. 6 probe reveals new details behind key overturn strategy pushed by Trump

RELATED STORY: Day of damning evidence from Jan. 6 committee as they pathway to possible prosecution for Trump

Finally: The January 6 Committee hearings kick off this week. Details inside.

Posted on (Updated by Brandi Buchman

This week the Select Committee to Investigate the January 6 Attack on the U.S. Capitol will commence its public hearings on Thursday, June 9 at 8 p.m. ET beginning what will be a month-long presentation of evidence that congressional investigators have compiled through extensive interviews with key witnesses to the violent insurrection incited by former President Donald Trump.

Hearings will be televised and streamed online and will feature live witness testimony, new and unseen video footage, and previously-recorded interviews with members of Trump’s innermost circle and reportedly, members of his family including his daughter Ivanka Trump, son-in-law-turned-White House adviser, Jared Kushner, and others.

On the path to this moment, investigators have amassed over 125,000 pages of records and hundreds of hours of deposition. Many records were obtained voluntarily, while others were only secured after hard-fought but critically victorious legal battles against Trump and his entourage of lawyers, campaign and administration staff, so-called “alternate electors,” and other allies like right-wing conspiracy theory peddlers and members of extremist hate groups like the Proud Boys and Oath Keepers.

Committee investigator, constitutional scholar, and Representative Jamie Raskin, a Maryland Democrat, described the probe’s findings to this Daily Kos reporter recently:

“This was a coup that was orchestrated by the president against the vice president and against the Congress,” he said.

“The insurrection is only comprehensible when you understand that it was unleashed as a way to assist this political coup, this inside political coup. Donald Trump and his entourage had been looking for ways to overthrow the 2020 presidential election results for months.”

RELATED STORY: Tick-tock: A timeline of the insurrection at the U.S. Capitol

The hearings begin June 9 at 8 p.m. ET. The next hearings will be held at 10 a.m. on June 13th, 15th, 16th, and 21st. The final anticipated session will unfold on June 23rd at 8 p.m. ET. Daily Kos will offer up-to-the-minute coverage of each hearing on its front page as well as on Twitter.

For the first hearing, the violence that exploded at the U.S. Capitol on January 6 will be put into whip-sharp relief as the committee is expected to introduce the broad strokes of a plot that its members say was orchestrated by the former president to stop the nation’s transfer of power after he lost the popular and Electoral College vote to Joe Biden in 2020.

Other hearings will zero in on how that plot was navigated including through the use of bogus electors in key battleground states. It is expected that the committee will explore the nuances behind the concerted pressure campaign foisted on then-Vice President Mike Pence to stop the counting of votes by Congress on Jan. 6 despite a lack of constitutional authority to do so.

On Jan. 6, many in the crowd hoisted banners and flags identifying membership or support for known extremist groups and movements like the anti-government, white supremacy drenched militia movement known as Three Percenters. 

Trump’s private conduct in the White House on the day of the insurrection, which reportedly included him vocalizing support for those clamoring to “Hang Mike Pence,” will also come under the magnifying glass.

RELATED STORY: Jan. 6 Committee: During Capitol attack, Trump reportedly approved of Hang Mike Pence chants

As a result of the Jan. 6 attack, five people died. Hundreds of police officers were assaulted. More than $1 million in damages were inflicted to the Capitol building alone. The committee, as it has made clear since its inception, does not have the power to prosecute anyone, It only has the power to investigate and legislate.

A final report with legislative recommendations will be issued this September.

What those recommendations will look like exactly is uncertain for now, but the committee has said repeatedly over the last 11 months that its plan is to beef up all available legislative firewalls against would-be usurpers of the nation’s peaceful, democratic process.

Important to note is that a criminal referral of Trump by the committee to the Department of Justice has not been ruled out as of yet.

The department has slogged through its own Jan. 6 investigation for more than a year, arresting over 800 people for a sprawling number of crimes including seditious conspiracy. It has also opened up a number of grand juries—special or otherwise—to weigh indictments for key Trump-tethered figures.

The DOJ recently refused to indict Trump’s former chief of staff Mark Meadows and aide Dan Scavino for contempt of congress following their respective defiance of initial subpoenas. The decision was announced late Friday and left committee chairman Bennie Thompson and vice-chair, Liz Cheney, “puzzled.”

“If the department’s position is that either or both of these men have absolute immunity, from appearing before Congress because of their former positions in the Trump administration, that question is the focus of pending litigation,” Thompson and Cheney said in a June 3 statement.

U.S. prosecutors did, however, indict Steve Bannon, Trump’s short-lived White House strategist as well as Trump’s trade adviser Peter Navarro.

Meadows cooperated in part, giving the committee a plethora of text messages and other correspondence, only some of which has been made public prior to the hearings. Those messages demonstrated how Meadows was at the center of a storm of election fraud conspiracy and legally dubious strategies proposed to keep Trump in office well after his defeat.

YouTube Video

Meadows was also the touchstone for an onslaught of panicked presidential allies, who, records have revealed, begged for Trump to quell the violence during a staggering 187-minutes of silence from the Oval Office as the mob raged, lawmakers fled and blood was spilled.

Scavino cooperated with the committee in part, haggling for weeks over executive privilege concerns. Bannon and Navarro, however, flatly refused to cooperate. Bannon’s executive privilege claims started on shaky ground: at the time of the insurrection, he was years removed from Trump’s formal employ though he was still well embedded with the administration.

Navarro was officially-entrenched until the end and though he argues executive privilege should bar his compliance with the select committee, federal prosecutors disagree. Bannon goes to trial in July. Navarro’s next moves will be hashed out in court following his arrest last week.

How his case progresses will warrant close attention since prosecutors have taken the slightly unusual step of asking Navarro to not only produce records first meant for the committee but other specific communications from Trump, in particular. This could signify that Trump is under investigation by the department directly.  

The DOJ has reportedly requested transcripts of the committee’s interviews as well, a resource that could bolster the department’s collection of evidence for any possible ongoing civil or criminal cases.

RELATED STORY: Navarro indicted on two counts of contempt of congress

The witness list for the public hearings is evolving even now, as are the exact details of its presentations.

Members of Pence’s staff including counsel Greg Jacob and aide Marc Short have been invited to testify. So too has Michael Luttig and Luttig is expected to appear.

It was Luttig’s advice, as a former federal judge, that Pence relied on when Pence announced mere minutes before Congress was set to convene on Jan. 6 that he would not and could not “claim the unilateral authority to determine which electoral votes should be counted and which should not.”

Pence Letter Jan 6 2021 by Daily Kos on Scribd

Scribd Content

Luttig is considered an expert on the Constitutional process and, crucially, the Electoral Count Act, the very legislation that his former clerk-turned-consigliere for Trump John Eastman sought to unwind when Eastman authored a memo proposing a six-point strategy to overturn the election.

Eastman Memo by Daily Kos

Scribd Content

RELATED STORY: New memo offers look into Pence’s preparation for Jan. 6

As for the former vice president, he is not expected to testify.

Short and Jacob’s testimony will be useful to set the scene for the public: Both men were present for a Jan. 4, 2021 meeting when Eastman presented the strategy to have Pence stop the count.

Other possible witnesses include Cassidy Hutchinson, a senior aide to Meadows who sat with the committee privately on multiple occasions. Legal records revealed in April that Hutchinson told investigators Meadows was warned of violence looming over Washington prior to Jan. 6. 

Hutchinson testified too that several lawmakers, including Reps. Jim Jordan of Ohio, Marjorie Taylor Greene of Georgia, Paul Gosar of Arizona, Mo Brooks, of Alabama and Matt Gaetz of Florida, among others were integral forces n the public and private pushes to advance the unconstitutional alternate elector scheme.

Former DOJ officials Jeffrey Rosen or Richard Donoghue may also testify.

Rosen, once the acting attorney general under Trump, told oversight and judiciary committees in both the House and Senate last summer that he was pressured by Trump’s allies at the DOJ—namely, Rosen’s subordinate, Jeffrey Clark—to issue a public statement saying the FBI found evidence of voter fraud in various states. The draft was proposed during a meeting just after Christmas 2020.

Richard Donoghue, Rosen’s deputy, took contemporaneous notes from that call with Trump.

“Just say that the election was corrupt and leave the rest to me and the R. congressman,” Donoghue wrote of Trump’s remarks.

“

Notes were taken by Richard Donoghue during a Dec. 27, 2020 call with Trump. 

When the committee’s held its first-ever public hearing last July, it heard visceral testimony from a handful of police officers who fought off the mob for hours.

Several officers injured have only recently made significant gains in their physical recovery efforts, like U.S. Capitol Police Staff Sergeant Aquilino Gonnell.

Still can’t even them out. Scar tissues prevent me from doing some range of motions. Nevertheless it’s Still progress. Three weeks ago I couldn’t do this. pic.twitter.com/kf9TucCnls

— Staff Sergeant Gonell, Aquilino (@SergeantAqGo) March 25, 2022

Others are still working through the post-traumatic stress.

U.S. Capitol Police Officer Harry Dunn, who dealt with a barrage of racial slurs and physical attacks on Jan. 6, has been vocal about the need for officers to receive therapy. A year after the attack, Dunn has kept up that messaging as well as demands for accountability and transparency as he continues to work on the Hill surrounded by the memories of that fateful day.

RELATED STORY: Exclusive: USCP Officer Harry Dunn shares notes, personal artifacts from Jan. 6

January 6 Committee members from left to right Reps. Zoe Lofgren, D-CA, Bennie Thompson, D-MS, and Liz Cheney, R-WY.

As the hearings get underway, there is counterprogramming expected from the committee’s most staunch opponents.

Axios reported an exclusive scoop in advance of the committee hearings that House GOP Leader Kevin McCarthy and Republican Reps. Jim Jordan of Ohio and Elise Stefanik of New York will lead the counterprogramming efforts publicly. Matt Schlapp, Trump’s onetime political director and now chairman of the powerful Conservative Political Action Committee, is reportedly in charge behind the scenes. 

Jordan, a member of the House Judiciary Committee, is one of Trump’s most loyal lapdogs in Congress. During the former president’s first impeachment inquiry, the congressman used every opportunity during proceedings to throw witness interviews off track or demean their testimony.

When McCarthy nominated Jordan to serve on one of the first iterations of the committee to investigate Jan. 6, Speaker of the House Nancy Pelosi—per rules of a founding resolution—refused to seat Jordan. The California Democrat also refused to seat another one of McCarthy’s picks, Rep. Jim Banks of Indiana.

Pelosi accepted other Republican nominees put forward by McCarthy but Jordan and Banks had a track record that proved too divisive to be seriously considered. Both legislators had promoted Trump’s claims of election fraud openly and vociferously. Both voted to overturn the results. Both vowed before the committee was even formed, that they would use the opportunity to explore how Democrats were to blame for security lapses on Jan. 6. They also sought to equate the violence of Jan. 6 with racial justice protests that dotted the nation after the police killing of George Floyd. 

Negotiations for the committee stretched for more than a month and included moderate Democrats and Republicans in the process. 

But when Jordan and Banks were skipped over for seats on what would have been a truly bipartisan committee with five Democrats and five Republicans sharing equal subpoena powers, McCarthy abruptly ended all negotiations.

The select committee was formed not long after. This time, its resolution established it would have nine members including seven Democrats and two Republicans. The only two Republicans that would participate on the committee were Cheney and Rep. Adam Kinzinger. Kinzinger is not seeking reelection. 

As for Stefanik, her rapid ascent in the GOP will undoubtedly be underlined this month. Since her effective anointment by GOP Leader McCarthy to replace Liz Cheney as the party’s conference chair, the New York Republican has tirelessly echoed Trump’s cries of “witch hunt” whenever his conduct comes up for review or the events of Jan. 6 are discussed. 

The counterprogramming will largely be a continuation of the meritless arguments and legal theories Trump’s allies have advanced in various court battles where they have sought to evade congressional subpoenas for their records and testimony. McCarthy, Jordan, Brooks, Rep. Andy Biggs of Arizona, and Scott Perry of Pennsylvania have all received subpoenas from the select committee. 
Despite many of those same lawmakers admitting publicly to having conversations with Trump at critical times before, during, or after the insurrection, none agreed to come forward, either voluntarily or under force of subpoena. 
McCarthy and the rest will staunchly defend the former president by presenting the easily-debunked argument that the committee was not properly formed and its members, as such, illegally empowered. That is not so, according to the U.S. Supreme Court and lower courts that have ruled, again and again, in favor of the committee’s standing as well as its pursuit of information relevant to its probe.
The select committee has been recognized not only as a valid legislative body but also as a properly formed one thanks to its binding resolution that was afforded the protocols necessary before a final vote in the full House of Representatives was held.
 The House voted last June, 222-190, to establish the select committee. 
Last month, Vox obtained a copy of a strategy memo prepared by the Republican National Committee for its members and operatives to use as the Jan. 6 hearings are underway.
One goal allegedly listed was to push the message that “Democrats are the real election deniers” and that “Trump’s requests” this month to his “surrogates” should shape coverage on friendly media networks. 
Though the endgame for Republicans during the hearings will largely be to deflect and distract, the committee’s sessions will be followed by a long summer with the events of Jan. 6 still in focus: Bannon goes to trial in July to face his contempt charge and members of the Proud Boys and Oath Keepers facing seditious conspiracy charges (and other allegations) are slated to meet jurors in July and September, respectively.  
While Trump and his cohorts are spinning, President Joe Biden is expected to keep somewhat of a distance from the spectacle of the proceedings. 
He waived executive privilege over Trump’s presidential records related to Jan. 6 and on the record has been measured in his response to the select committee’s function and work. Politico reported Sunday that a former official suggested anonymously that Biden’s team would likely reconsider the hands-off approach if the counterprogramming billows out of control. 

At least one Republican,  the former Representative for Virginia, Denver Riggleman, has thrown his support behind the hearings and then some. Riggleman has been an adviser to the committee for several months. 

He told CNN’s Anderson Cooper on Sunday that the hearings would be a refreshing and unique change from the typical congressional committee hearing setting where Republicans and Democrats are often locked into partisan bickering and waste valuable time trying to course-correct. 

“There’s not going to be a lot partisan whining and screaming,” Riggleman said. 

Rep. Raskin told Daily Kos in April that he believed the committee hearings would, at the very least, empower voters with “intellectual self-defense against the authoritarian and fascistic policies that have been unleashed in this country.”

Time, which is now running out, will tell. 

Protesters enter the Senate Chamber on Jan. 6 during a joint session to ratify President-elect Joe Biden's 306-232 Electoral College win over President Donald Trump, nearly the same exact margin that Trump had when he won over his opponent in the 2016 election, Hillary Clinton.

Morning Digest: Why did Maryland Democrats go soft on redistricting? Here’s who’s to blame

Posted on by Daily Kos Elections

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

Leading Off

● MD Redistricting: Want to know why Maryland Democrats pulled their punches when it came to targeting the state's lone Republican congressional seat? Slate's Jim Newell has an excellent new piece detailing which politicians were obstacles to an 8-0 Democratic map, and why.

At the top of the list are Rep. Jim Sarbanes and Kweisi Mfume. Sarbanes, as the lead sponsor of H.R. 1, the bill to ban congressional gerrymandering nationwide, was reportedly reluctant to support a maximalist map that would ensure Republican Rep. Andy Harris would lose re-election. Maryland's new map, however, is still very much a Democratic gerrymander—half-hearted though it may be—so it's not as though Sarbanes can pitch himself as above the partisan fray, especially since he declined to criticize the map after it passed.

Mfume, meanwhile, outright embraced unilateral disarmament. "I mean, if it were the other way around, and Democrats were one-third of the population, and they put forth maps or started moving toward an 8–0 representation, we'd be up jumping up and down in arms," he said, ignoring the fact that Republicans in many more states than Democrats are doing everything they can to maximize their advantage in redistricting. But, says Newell, Mfume also didn't want to take in conservative white voters from Harris' district, concerned that doing so "would distract from his representation of majority-minority communities in Baltimore," and therefore "was adamant against suggested changes, like stretching his district north to the Pennsylvania border."

Campaign Action

A couple of less well-known Democrats figure in this story, too. In our examination of the new map, we noted that the revamped 1st District now leaps across Chesapeake Bay to take in the areas around Annapolis but not the very blue state capital itself. Why not? Newell reports that state Sen. Sarah Elfreth, whose district includes the city, "didn't want a competitive congressional district like the 1st layered atop hers." Elfreth's staff claim the senator "had no role" in drawing the maps.

Finally, Newell points a finger at state Senate President Bill Ferguson, who reportedly "was never comfortable" with an 8-0 map due to his own high-minded sensibilities and feared unspecified "blowback" from Republican Gov. Larry Hogan. But Hogan vetoed the map that Democrats did pass anyway (a veto they instantly overrode), and a group closely connected to the governor has threatened to file suit, so what greater blowback could Ferguson possibly have feared?

Newell's entire article is worth a read, but the last word belongs to one Maryland Democrat who did favor an 8-0 plan. In light of extreme Republican gerrymandering across the country, said Rep. Jamie Raskin, "[W]e have not only a political right, but I would argue an ethical duty, to do whatever we can to fight fire with fire, and try to defend democratic values and democratic process in America."

Redistricting

● CT Redistricting: The Connecticut Supreme Court has granted a request from the state's bipartisan redistricting commission for additional time to complete work on a new congressional map, setting a deadline of Dec. 21. Under state law, the panel was required to produce a new map by Nov. 30 but was unable to. The court also ordered commissioners to provide the names of three potential special masters by Wednesday to assist the justices in drawing a new map in the event that the commission misses its new deadline.

Senate

● NC-Sen, NC-07: Former Rep. Mark Walker said Thursday that he would continue his uphill bid for the Republican Senate nomination through the rest of the year as he considers whether to switch to the open 7th Congressional District. Walker made this declaration one day after the state Supreme Court temporarily stayed candidate filing for all races and moved the primary from March to May due to a pair of lawsuits challenging the state's new congressional and legislative maps that are currently pending.

● PA-Sen: George Bochetto, a longtime Republican attorney in Philadelphia, said Thursday it was "very likely" he runs for the Senate next year. Bochetto has talked about running for mayor of his heavily Democratic city plenty of times and even waged a brief campaign in 1999, but he ended up dropping out before the primary. (The eventual nominee, Sam Katz, ended up losing the general election 51-49 to Democrat John Street, which is likely to remain Team Red's high-water mark for decades to come.)

More recently, Bochetto aided Donald Trump's defense team in his second impeachment trial. In August, he also persuaded a judge to stop Philadelphia's city government from removing a prominent Christopher Columbus statue.

Meanwhile on the Democratic side, Lt. Gov. John Fetterman has publicized a poll from Data for Progress that shows him outpacing TV doctor Mehmet Oz 44-42 in a hypothetical general election. The release did not include any other matchups.

Governors

● GA-Gov: In a thoroughly unsurprising development, former Speaker Newt Gingrich is backing his fellow Trump sycophant, ex-Sen. David Perdue, in next year's Republican primary.

● MA-Gov: While Salem Mayor Kim Driscoll was mentioned as a potential Democratic candidate for governor following Republican incumbent Charlie Baker's retirement, Politico reports that the post she's interested in campaigning for is lieutenant governor. In Massachusetts, candidates for governor and lieutenant governor are nominated in separate primaries before competing as a ticket in the general election.  

● OR-Gov: EMILY's List has endorsed state House Speaker Tina Kotek in next year's Democratic primary.

House

● CA-22: Fresno City Council President Luis Chavez's spokesperson tells GV Wire's David Taub that the Democrat is thinking about running to succeed outgoing Republican Rep. Devin Nunes in this still-unfinalized Central Valley constituency.

Taub also relays that the DCCC has met with 2018 nominee Andrew Janz, who lost to Nunes 53-47, but that he has yet to comment on his own plans. Janz last year ran for mayor of Fresno but lost the officially nonpartisan race 52-40 to Republican Jerry Dyer; Janz back in January endorsed 2020 nominee Phil Arballo's second campaign against Nunes, though his calculations appear to have changed now that the incumbent is resigning. Arballo, for his part, has confirmed that he'll be competing in the upcoming special election to succeed Nunes in addition to the race for the regular two-year term.

Finally, Taub reports that Democratic Assemblyman Joaquin Arambula is also thinking about running. Arambula, a physician and the son of a former local assemblyman, himself considered running against Republican Rep. David Valadao back in 2015 in the neighboring 21st District but decided not to do it. Instead, Arambula won his current post in a low-turnout 2016 special election for a seat around Fresno, and he quickly established himself as one of the leaders of the chamber's moderate Democratic faction.  

Arambula's career seemed to be in real danger after he was arrested in late 2018 after one of his daughters accused him of abuse, but a jury found him not guilty months later. (Arambula, who maintained his innocence, argued that conservative prosecutors were targeting him for political reasons.) The incumbent went on to win re-election 62-38 as Joe Biden was taking his 31st Assembly seat by a similar 62-36 spread.

● IL-13: The state AFL-CIO has endorsed former Biden administration official Nikki Budzinski in next year's Democratic primary for this newly drawn open seat.

● MD-06: Former Del. Aruna Miller closed the door on another run for Congress on Thursday when she announced that she would run for lieutenant governor on author Wes Moore's ticket. Miller had filed FEC paperwork back in January for the 6th District in case Rep. David Trone, who defeated her in the 2018 Democratic primary, left to run for governor. Trone ultimately announced that he'd stay put, and while Miller didn't confirm this meant she wasn't going to campaign here, she made no obvious moves to prepare for a second bid.

● NJ-05: John Flora, who serves as mayor of the small township of Fredon (pop. 3,200), has joined the Republican primary to take on Democratic Rep. Josh Gottheimer.

● TX-27: Jackson County Sheriff A.J. Louderback announced Friday that he would challenge Rep. Michael Cloud in the March Republican primary for the new and safely red 27th District, a gerrymandered constituency that stretches from Corpus Christi along the Gulf Coast north to the outskirts of the Austin area.

Louderback's tiny county, with a population of just 15,000 people, is home to just 2% of the district's residents, so the challenger starts with almost no geographic base of support. Cloud, by contrast, already represents over 85% of the new seat, and he's done everything he can to ingratiate himself to his party's ascendant far-right wing.

Back in March, Cloud was even one of just 12 House members to vote against awarding Congressional Gold Medals to members of the U.S. Capitol Police for their work combating the Jan. 6 insurrection. He defended himself with a statement saying he couldn't support a resolution because it included text that "refers to the Capitol as the temple of democracy – simply put, it's not a temple and Congress should not refer to it as one." Cloud added, "The federal government is not a god."

Louderback himself also doesn't appear to have laid out an argument for why primary voters should fire Cloud. He instead kicked off his bid by declaring, "This campaign will be based on national security issues, oil and gas issues, Medicare issues and a lot of things that are threats to Texas and the United States." He continued, "I look forward to a really good race where competitive styles in management can be examined by the public."

● WA-03: State Rep. Vicki Kraft has confirmed that she'll challenge her fellow Republican, incumbent Jaime Herrera Beutler, in the August top-two primary. Kraft joins a GOP field that includes Army veteran Joe Kent, who is Donald Trump's endorsed candidate, as well as evangelical author Heidi St. John.

Kraft used her kickoff to take Herrera Beutler to task for her "extremely unfortunate" vote to impeach Trump, but she mostly emphasized her own opposition to Democratic Gov. Jay Inslee's pandemic safety measures. Kraft declared, "Whether it's fighting for parents' rights, and against controversial mandates in schools such as comprehensive sex education or COVID-19 masks; or fighting for individuals' rights, and against the COVID-19 vaccine mandates, I will continue fighting for the people and will make sure their voice is heard in Washington, D.C."

Attorneys General

● MN-AG: On Thursday, business attorney Jim Schultz became the fourth Republican to announce a bid against Democratic Attorney General Keith Ellison, whose 2018 victory made him the first Muslim elected statewide anywhere in America. Ellison was already facing a rematch against 2018 opponent Doug Wardlow, who lost 49-45 and now serves as general counsel for MyPillow, the company led by election conspiracy theorist Mike Lindell. Also in the running are former state Rep. Dennis Smith and attorney Lynne Torgerson.

Minnesota is far from a safe state for Democrats, but Republicans haven't held the attorney general's post since Douglas Head left office in early 1971. The last time Team Red won any statewide races at all, meanwhile, was 2006, when Republican Gov. Tim Pawlenty narrowly earned a second term, though they've come very close to breaking that streak a few times since then.

● TX-AG: EMILY's List is backing Rochelle Garza, who is a former ACLU attorney, in next year's Democratic primary.

Rep. Jamie Raskin invites Trump to speak at his own Senate trial. Trump’s attorneys quickly say no

Posted on by Mark Sumner

Ever since Democrats began talking of impeaching Donald Trump for the second time, Republicans in the Senate have been sweating the idea of having to actually confront witnesses. In the first trial, where Mitch McConnell had control over everything that happened, Republicans were happy to just vote away the possibility of any witnesses being called. In this second round, they don’t have that option. So instead their only play has been making threats. If Democrats call a single witness, the Republicans will call the FBI to testify about how the insurgency was planned in advance. If Democrats call a single witness, Republicans will something something Kamala Harris.

There are a number of reasons why these threats are laughable. First, calling the FBI to talk about the pre-planning that went into the assault on the Capitol would only reinforce how Trump radicalized his base. Second, Republicans don’t get to call anyone—it’s Trump’s legal team that gets to request witnesses, and nothing at all says they will play along with a scheme that could hurt their client. Third, the threat is coming from Lindsey Graham and that’s always laughable.

And now it seems that lead impeachment manager Rep. Jamie Raskin has already asked a witness to appear in the Senate trial. He’s issued an invite to one … Donald J. Trump.

Raskin’s letter gets started quickly by pointing out that Trump has already been impeached (for a second time), is about to be tried in the Senate (for a second time), and has sent a response to the House impeachment managers. Wisely, Raskin just skips right back the first three fourths of that response—which is the part where Trump’s attorney’s attempt to make a case that an impeachment trial after the end of a term is unconstitutional—and gets right down to the one part of the reply that Trump clearly dictated himself. The part where Trump denies that he ever lied and claims no one can actually say for sure that he didn’t win.

Two days ago, you filed an Answer in which you denied many factual allegations set forth in the articles of impeachment. You have thus attempted to put critical facts at issue notwithstanding the clear and overwhelming evidence of your constitutional offence. In light of your disputing these factual allegations, I write to invite you to provide testimony under oath, either before or during the Senate impeachment trial, concerning your conduct on Jan. 6, 2021.

Raskin goes on to point out that both Gerald Ford and Bill Clinton provided testimony under oath while they were still in office. And, for an extra tweak of Trump’s bronzer-coated nose, Raskin adds “whereas a sitting president might raise concerns about distraction from their official duties, that concern is clearly inapplicable here.” In other words, since you’re not doing anything anyway ...

It would be easy to read the entire letter as an extended joke. After all, Trump’s legal team will surely make it clear to him that sitting down to defend his actions on January 6 would be a bad thing. That would be a day when Trump started out partying down while Rudy Giuliani was calling for “trial by combat,” took the stage to once again tell his followers that the election was being stolen and that he would march with them to the Capitol, returned to the White House to wonder why no one else was getting excited about the insurgency, failed to respond to requests for military assistance, and stepped out to tell the terrorists occupying the Capitol that “we love you” and “you’re very special.” Trump raising his hand to testify would be an abysmally misguided idea. 

On the other hand, like everyone else, Raskin knows Donald Trump way too well at this point. Throwing down the gauntlet like this, complete with a few obvious digs, is exactly the kind of thing that could make Trump angry and his legal team terrified. 

If you decline this invitation, we reserve any and all rights, including the right to establish at trial that your refusal to testify supports a strong adverse inference regarding your actions (and inaction) on Jan. 6, 2021

In other words: If you’re too big a chicken to show up, we’ll know you’re a liar.

The odds against Trump taking up the challenge are astronomically high. But Raskin deserves a round of applause for throwing this out there. The proposal here is exactly the kind of ploy that a third-rate third-grade bully like Trump would understand in only one way—Democrats are calling him a coward and a liar.

That’s unlikely to lever his rear into a witness chair. But who knows, it might.

Thursday, Feb 4, 2021 · 8:56:26 PM +00:00 · Mark Sumner

Trump’s lead attorneys (at this moment) have responded to Raskin’s letter. 

“We are in receipt of your latest public relations stunt,” write Bruce Castor and David Schoen. Then they delightfully state both that there can’t be a negative inference in the trial, and that the trial is unconstitutional before finishing up with “this use of our Constitution to bring a purported impeachment proceeding is much too serious to play these games.”

What they don’t say is whether or not Trump has seen the letter.

The second impeachment of Trump will begin on Monday

Posted on by Joan McCarter

House Democrats met by conference call Friday, the outcome of which is articles of impeachment against Donald Trump will be ready to be introduced on Monday. A source told Reuters the articles drafted by Representatives David Cicilline, Ted Lieu, and Jamie Raskin will be introduced in Monday's pro forma session. There will likely be an objection from Republicans, so they probably will have to bring the whole House back to bring the resolution formally Tuesday or Wednesday.

A draft of the measure charges Trump with "inciting violence against the government of the United States" in his effort to overturn the results seating President-elect Joe Biden. The articles also cite Trump's efforts to get Georgia Secretary of State Brad Raffensperger to "find" the votes to give the state to him. "President Trump gravely endangered the security of the United States and its institutions of government. He threatened the integrity of the democratic system, interfered with the peaceful transition of power and imperiled a coordinate branch of government," the draft legislation states. "President Trump thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States, [emphasis added]" it concludes. That says it all.

Asked about the effort at a press conference Friday, Biden said that he's long thought Trump was unfit for office and that was a key reason for his run. He added "What the Congress decides to do is for them to decide. … So we're going to do our job, and Congress can decide how to proceed with theirs." Pressed again on what he would advise congressional leaders, Biden said "I'd tell them that's a decision for the Congress to make. I'm focused on my job." As he should be.

This is a decision for Congress, and it's vitally important that they move forward with it. Not just to make sure Trump is barred from ever holding office again. Not just to make sure that no Republican president ever, ever tries this again in the future. Not just to hold all of the Republicans in Congress who have participated in this sedition accountable, forcing them to face the American people and vote.

To make the country whole again. To restore the rule of law. For that effort, thank you to every Democratic member of Congress responsible.