Category: JerryNadler

House approves impeachment inquiry into President Biden as Republicans rally behind investigation

Posted on by Associated Press

The House on Wednesday authorized the impeachment inquiry into President Joe Biden, with every Republican rallying behind the politically charged process despite lingering concerns among some in the party that the investigation has yet to produce evidence of misconduct by the president.

The 221-212 party-line vote put the entire House Republican conference on record in support of an impeachment process that can lead to the ultimate penalty for a president: punishment for what the Constitution describes as “high crimes and misdemeanors,” which can lead to removal from office if convicted in a Senate trial.

Authorizing the monthslong inquiry ensures that the impeachment investigation extends well into 2024, when Biden will be running for reelection and seems likely to be squaring off against former President Donald Trump — who was twice impeached during his time in the White House. Trump has pushed his GOP allies in Congress to move swiftly on impeaching Biden, part of his broader calls for vengeance and retribution against his political enemies.

The decision to hold a vote came as House Speaker Mike Johnson and his leadership team faced growing pressure to show progress in what has become a nearly yearlong probe centered around the business dealings of Biden's family members. While their investigation has raised ethical questions, no evidence has emerged that Biden acted corruptly or accepted bribes in his current role or previous office as vice president.

Ahead of the vote, Johnson called it “the next necessary step" and acknowledged there are “a lot of people who are frustrated this hasn’t moved faster.“

In a recent statement, the White House called the whole process a “baseless fishing expedition” that Republicans are pushing ahead with “despite the fact that members of their own party have admitted there is no evidence to support impeaching President Biden.”

House Democrats rose in opposition to the inquiry resolution Wednesday.

“This whole thing is an extreme political stunt. It has no credibility, no legitimacy, and no integrity. It is a sideshow," Rep. Jim McGovern, D-Mass., said during a floor debate.

Some House Republicans, particularly those hailing from politically divided districts, had been hesitant in recent weeks to take any vote on Biden's impeachment, fearing a significant political cost. But GOP leaders have made the case in recent weeks that the resolution is only a step in the process, not a decision to impeach Biden. That message seems to have won over skeptics.

“As we have said numerous times before, voting in favor of an impeachment inquiry does not equal impeachment,” Rep. Tom Emmer, a member of the GOP leadership team, said at a news conference Tuesday.

Emmer said Republicans “will continue to follow the facts wherever they lead, and if they uncover evidence of treason, bribery or other high crimes and misdemeanors, then and only then will the next steps towards impeachment proceedings be considered.”

Most of the Republicans reluctant to back the impeachment push have also been swayed by leadership's recent argument that authorizing the inquiry will give them better legal standing as the White House has questioned the legal and constitutional basis for their requests for information.

A letter last month from a top White House attorney to Republican committee leaders portrayed the GOP investigation as overzealous and illegitimate because the chamber had not yet authorized a formal impeachment inquiry by a vote of the full House. Richard Sauber, special counsel to the president, also wrote that when Trump faced the prospect of impeachment by a Democratic-led House in 2019, Johnson had said at the time that any inquiry without a House vote would be a “sham.”

Rep. Dusty Johnson, R-S.D., said this week that while there was no evidence to impeach the president, “that’s also not what the vote this week would be about.”

“We have had enough political impeachments in this country,” he said. “I don’t like the stonewalling the administration has done, but listen, if we don’t have the receipts, that should constrain what the House does long-term.”

Rep. Don Bacon, R-Neb., who has long been opposed to moving forward with impeachment, said that the White House questioning the legitimacy of the inquiry without a formal vote helped gain his support. “I can defend an inquiry right now,” he told reporters this week. "Let's see what they find out.”

House Democrats remained unified in their opposition to the impeachment process, saying it is a farce used by the GOP to take attention away from Trump and his legal woes.

“You don’t initiate an impeachment process unless there’s real evidence of impeachable offenses,” said Rep. Jerry Nadler, the ranking Democrat on the House Judiciary Committee, who oversaw the two impeachments into Trump. “There is none here. None.”

Democrats and the White House have repeatedly defended the president and his administration's cooperation with the investigation thus far, saying it has already made a massive trove of documents available.

Congressional investigators have obtained nearly 40,000 pages of subpoenaed bank records and dozens of hours of testimony from key witnesses, including several high-ranking Justice Department officials currently tasked with investigating the president's son, Hunter Biden.

While Republicans say their inquiry is ultimately focused on the president himself, they have taken particular interest in Hunter Biden and his overseas business dealings, from which they accuse the president of personally benefiting. Republicans have also focused a large part of their investigation on whistleblower allegations of interference in the long-running Justice Department investigation into the younger Biden's taxes and his gun use.

Hunter Biden is currently facing criminal charges in two states from the special counsel investigation. He’s charged with firearm counts in Delaware, alleging he broke laws against drug users having guns in 2018, a period when he has acknowledged struggling with addiction. Special counsel David Weiss filed additional charges last week, alleging he failed to pay about $1.4 million in taxes over a three-year period.

Democrats have conceded that while the president's son is not perfect, he is a private citizen who is already being held accountable by the justice system.

“I mean, there’s a lot of evidence that Hunter Biden did a lot of improper things. He’s been indicted, he’ll stand trial,” Nadler said. “There’s no evidence whatsoever that the president did anything improper.”

Hunter Biden arrived for a rare public statement outside the U.S. Capitol on Wednesday, saying he would not be appearing for his scheduled private deposition that morning. The president's son defended himself against years of GOP attacks and said his father has had no financial involvement in his business affairs.

His attorney has offered for Biden to testify publicly, citing concerns about Republicans manipulating any private testimony.

“Republicans do not want an open process where Americans can see their tactics, expose their baseless inquiry, or hear what I have to say,” Biden said outside the Capitol. “What are they afraid of? I am here.”

GOP lawmakers said that since Hunter Biden did not appear, they will begin contempt of Congress proceedings against him. “He just got into more trouble today,” Rep. James Comer, the House Oversight Committee chairman, told reporters Wednesday.

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Morning Digest: Shock Democratic win in New York special is latest data point suggesting no red wave

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

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● NY-19 (special): Democrat Pat Ryan scored a huge special election upset for his party by defeating Republican Marc Molinaro 52-48 in New York’s 19th District, a swing seat in the Hudson Valley that Molinaro appeared poised to flip until polls closed on Tuesday. The win for Ryan, an Army veteran who serves as Ulster County executive and made abortion rights the centerpiece of his campaign, is the latest―and most dramatic― sign that the political landscape has shifted since the Supreme Court's decision to overturn Roe v. Wade at the end of June.

Joe Biden carried this constituency 50-48 (the special was fought under the old congressional map), but until results started rolling in, both parties had behaved as though Molinaro was the strong favorite. Molinaro, who leads Dutchess County, defeated then-Gov. Andrew Cuomo by a wide 53-42 in the 19th in 2018 even as Cuomo was prevailing statewide in a 60-36 landslide. That strong local performance motivated national Republicans to try to recruit Molinaro to take on Democratic Rep. Antonio Delgado in 2020, and while he declined that cycle, he eventually bit on a campaign last year.

But that anticipated Delgado-Molinaro bout was averted in the spring when the congressman resigned after Gov. Kathy Hochul appointed him as lieutenant governor―a career switch Republicans argued was motivated by Delgado’s wariness about his re-election prospects. The unexpected special election seemed to be good news indeed for Molinaro, who began with a months-long head start over his eventual Democratic rival at a time when a GOP wave looked imminent.

Ryan, who had lost the 2018 primary to Delgado, quickly closed much of the financial gap he faced by the end of June, but he still looked like the decided underdog. Even a late June internal poll for Ryan taken days after Roe was repealed showed him down 43-40. However, the same survey found that the Democrat could turn things around by hammering home Molinaro’s opposition to abortion rights. Ryan did just that in ad after ad, while Molinaro and the GOP continued to emphasize inflation and crime while ignoring reproductive rights.

Still, Democrats remained pessimistic about Ryan’s chances. While the NRCC and the Congressional Leadership Fund spent a combined $1.8 million here, the DCCC limited its involvement to running some joint buys with their nominee. (We won’t know how much the committee spent until new fundraising reports are out in late September.) The progressive veterans group VoteVets, however, dropped $500,000 to help Ryan with an ad campaign declaring that the candidate, who served in Iraq, "sure didn't fight for our freedom abroad to see it taken away from women here at home.”

But it still didn’t seem to be enough: An early August DCCC poll found Molinaro leading 46-43—that same stubborn 3-point margin—while the Democratic firm Data for Progress released its own poll on Election Day giving him an even larger 53-45 edge. Tuesday’s upset, though, validated Ryan’s tight focus on abortion rights―a strategy fellow Democrats have deployed in other races across the country.

Both Ryan and Molinaro will be on the ballot again in November under the new court-drawn congressional map, but they won’t be facing each other this time. The new congressman is Team Blue’s nominee for the redrawn 18th District in the Lower Hudson Valley, turf that, at 53-45 Biden, is several points to the left of the constituency he just won. Ryan, who will represent just under 30% of the new district, will go up against Republican Assemblyman Colin Schmitt this time.

Molinaro himself will be competing in the new 19th District, a seat in the southeastern part of upstate New York that also would have gone for Biden by a larger spread, in this case 51-47. About 42% of the new 19th’s residents live in the district Molinaro just lost, but importantly, none of his home county of Dutchess is contained in the district. Molinaro’s opponent will be attorney Josh Riley, who claimed Team Blue’s nomination on Tuesday and will have the chance to deal the county executive his second straight defeat of the year in just a few months. 

election recaps

● Election Night: Below is a state-by-state look at where Tuesday’s other major contests stood as of early Wednesday, and you can also find our cheat-sheet here. Note that New York allows absentee ballots postmarked by Election Day to be counted if they’re received through Aug. 30, so some of the margins in the Empire State may change.

● FL-Gov (D): Rep. Charlie Crist defeated state Agriculture Commissioner Nikki Fried 60-35 in the Democratic primary to take on GOP Gov. Ron DeSantis. Crist, who was elected governor in 2006 as a Republican and narrowly lost the 2014 general election to reclaim his prior post following his party switch, will be in for a tough fight against DeSantis, who begins the general election with a massive $132 million war chest.

● FL-01 (R): Rep. Matt Gaetz prevailed 70-24 against Mark Lombardo, a self-funder who ran ads reminding viewers that the incumbent remains under federal investigation for sex trafficking of a minor and other alleged offenses. Gaetz will likely be secure in November no matter what happens next in a Pensacola area constituency that Trump would have taken 65-33.

● FL-04 (R & D): State Senate President Pro Tempore Aaron Bean defeated Navy veteran Erick Aguilar 68-26 in the GOP primary for an open Jacksonville area seat that Trump would have carried 53-46.

On the Democratic side, businesswoman LaShonda Holloway leads former state Sen. Tony Hill 50.2-49.8 with 58,000 votes counted, which the AP, which has not yet called the race, estimates is 99% of the total. Both of Team Blue’s candidates have struggled to bring in cash here, and neither national party has shown an obvious interest in it.  

● FL-07 (R): Army veteran Cory Mills beat state Rep. Anthony Sabatini 34-21 in the GOP primary to succeed Rep. Stephanie Murphy, a Democrat who decided to retire just before the GOP transfigured her suburban Orlando district from a 55-44 Biden seat to one Trump would have carried 52-47.

Mills notably ran commercials where he bragged that his company’s tear gas was used on what the on-screen text labeled as "Hillary Clinton protesters," "left wing protesters," "antifa rioters," "Black Lives Matter protesters," and "radical left protesters." The Republican nominee will face Karen Green, a state Democratic official who hasn’t raised much money so far.  

● FL-10 (D): Gun safety activist Maxwell Alejandro Frost won the 10-way primary to replace Democratic Senate nominee Val Demings by defeating state Sen. Randolph Bracy 35-25; two former House members, Alan Grayson and Corrine Brown, took 15% and 9%, respectively. Biden would have won this Orlando-based seat 65-33.

Frost, who is 25, will almost certainly be the youngest member of Congress come January. His primary win also represents a victory for the crypto-aligned Protect Our Future PAC, which spent about $1 million to aid him.

● FL-11 (R): Rep. Dan Webster held off far-right troll Laura Loomer only 51-44 in one of the biggest surprises of the night.

Loomer, a self-described "proud Islamophobe" who is banned on numerous social media, rideshare, and payment services, characteristically reacted to her near-miss by refusing to concede and spreading conspiracy theories about the primary. Trump would have carried this constituency in the western Orlando suburbs, which includes the gargantuan retirement community of The Villages, 55-44.

● FL-13 (R): 2020 nominee Anna Paulina Luna, who has the backing of Donald Trump and the Club for Growth, earned the GOP nod again by beating attorney Kevin Hayslett 44-34 after an expensive and nasty contest. The Democratic pick to succeed Rep. Charlie Crist is former Department of Defense official Eric Lynn, who is defending a St. Petersburg-based district that the Republicans transformed from a 52-47 Biden seat to one Trump would have taken 53-46.

● FL-14 (R): Public relations firm owner James Judge trounced self-funding businessman Jerry Torres 53-30 just days after a court rejected a lawsuit that tried to keep Torres off the ballot. Judge will be the underdog against Democratic Rep. Kathy Castor in this 59-40 Biden seat in Tampa and St. Petersburg.

● FL-15 (R & D): Former Secretary of State Laurel Lee outpaced state Sen. Kelli Stargel 41-28 in the Republican primary for a new district in the Tampa suburbs that was created because Florida won a new seat in reapportionment. This constituency would have backed Trump 51-48.

The Democratic nominee will be former local TV anchor Alan Cohn, who routed political consultant Gavin Brown 33-22. Cohn lost the 2020 contest for the previous version of the 15th to Republican Scott Franklin 55-45 as Trump was taking that seat by a similar 54-45 margin; Franklin is now seeking the new 18th.

● FL-20 (D): Freshman Rep. Sheila Cherfilus-McCormick decisively won her rematch with former Broward County Commissioner Dale Holness, whom she defeated by all of five votes in last year's crowded special election, 66-29. This constituency, which is located in the inland Fort Lauderdale and Palm Beach areas, is safely blue at 76-23 Biden.

● FL-23 (D): Broward County Commissioner Jared Moskowitz turned back Fort Lauderdale City Commissioner Ben Sorensen 61-21. Moskowitz should have no trouble succeeding retiring Rep. Ted Deutch in a Fort Lauderdale-based seat that Biden would have carried 56-43.

● FL-27 (D): State Sen. Annette Taddeo, who had the support of the DCCC and other national Democrats, beat Miami Commissioner Ken Russell 68-26 for the nod to take on freshman Rep. Maria Elvira Salazar. The GOP sought to protect the new incumbent by shifting her Miami-area seat to the right: While Biden carried the old 27th 51-48, Trump would have taken the new version 50-49.

● OK-Sen-B (R): Rep. Markwayne Mullin, who had Donald Trump’s endorsement for the runoff, bested former state House Speaker T.W. Shannon in a 65-35 runoff landslide.

Mullin will be the frontrunner against former Democratic Rep. Kendra Horn in the general election to succeed Sen. Jim Inhofe, whose resignation takes effect at the end of this Congress, in one of the reddest states in the nation. (That’s not entirely welcome news to Inhofe, who recently told Read Frontier, “Markwayne and I, we have problems.”) Mullin, who is a member of the Cherokee Nation, would be the first Native American to serve in the Senate since Ben Nighthorse Campbell, a Colorado Democrat turned Republican, retired in 2005.

● OK-02 (R): Former state Sen. Josh Brecheen edged out state Rep. Avery Frix 52-48 after a very expensive GOP runoff to succeed Markwayne Mullin in this dark red Eastern Oklahoma seat. A PAC affiliated with the Club for Growth spent over $3.4 million to promote Brecheen, who is a former Club fellow, while Frix had extensive support from his own outside group allies.

● NY-01 (R): Nick LaLota, who serves as chief of staff of the Suffolk County Legislature, beat cryptocurrency trader Michelle Bond 47-28 in the primary to replace Rep. Lee Zeldin, the GOP nominee for governor. The wealthy Bond and her allies (including a PAC that just happens to be funded by her boyfriend, crypto notable Ryan Salame), far outspent LaLota, but he had the support of the county’s Republican and Conservative parties.

LaLota will now go up against Suffolk County Legislator Bridget Fleming, who had the Democratic primary to herself. While Trump won the old 1st 51-47, Biden would have carried the new version of this eastern Long Island constituency by a narrow 49.4-49.2.

● NY-02 (R): Freshman Rep. Andrew Garbarino turned in an unexpectedly weak 54-38 victory over an unheralded Army and Navy veteran named Robert Cornicelli. The challenger eagerly embraced the Big Lie, and he used his limited resources to remind voters that Garbarino voted for a Jan. 6 commission. Garbarino also supported the Biden administration’s infrastructure bill as well as legislation protecting same-sex and interracial marriage, which may have further damaged his standing with the base.

Garbarino will now face a rematch against Democrat Jackie Gordon, an Army veteran he defeated 53-46 in 2020 as Trump was taking the old 2nd 51-47. The redrawn version of this seat, which is based in the south shore of Suffolk County, would have gone for Trump by a smaller 50-49 margin.

● NY-03 (D): DNC member Robert Zimmerman, a longtime party fundraiser who would be Long Island’s first gay member of Congress, beat Deputy Suffolk County Executive Jon Kaiman 36-26 in the primary to replace Rep. Tom Suozzi, who left to unsuccessfully run for governor in June. Another 20% went to Nassau County Legislator Josh Lafazan, who had Suozzi’s endorsement and benefited from spending by Protect Our Future PAC.

Zimmerman, who lost a race for Congress all the way back in 1982, will go up against 2020 Republican nominee George Santos. Suozzi last time held off Santos 56-43 as Biden was carrying the old 3rd 55-44; the new version of this seat, which is based in northern Nassau County, would have supported the president by a smaller 53-45 spread.

● NY-04 (D): Former Hempstead Supervisor Laura Gillen defeated Nassau County Legislator Carrié Solages 63-24 in the primary to replace retiring Rep. Kathleen Rice, who supported Gillen. The GOP is fielding Hempstead Town Councilman Anthony D'Esposito for a southern Nassau County district that Biden would have won 57-42.

● NY-10 (D): Daniel Goldman, a self-funder who served as House Democrats' lead counsel during Trump's first impeachment, beat Assemblywoman Yuh-Line Niou 26-24 in the busy primary for this safely blue seat in Lower Manhattan and northwestern Brooklyn; Rep. Mondaire Jones, who currently represents the 17th District well to the north of the city in the Hudson Valley, took third with 18%.

● NY-11 (D): Former Rep. Max Rose will get his rematch against freshman GOP Rep. Nicole Malliotakis following his 75-21 primary victory over Army veteran Brittany Debarros. The court-drawn version of this seat, which retains all of Staten Island, would have supported Trump 53-46, while he prevailed 55-44 in the old boundaries; Malliotakis herself unseated Rose 53-47 last cycle.

● NY-12 (D): Rep. Jerry Nadler won the final incumbent vs. incumbent primary of the cycle by convincingly defeating fellow Rep. Carolyn Maloney 55-24 in a revamped safely blue seat that’s home to Manhattan’s Upper East Side and Upper West Side.

● NY-16 (D): Freshman Rep. Jamaal Bowman earned renomination in this loyally blue constituency by turning back Westchester County Legislator Vedat Gashi 57-23.

● NY-17 (D): Incumbent Sean Patrick Maloney, who heads the DCCC, beat state Sen. Alessandra Biaggi 67-33 in this lower Hudson Valley seat. Maloney will go up against Republican Assemblyman Michael Lawler, who won his own primary 76-12, in a constituency Biden would have taken 54-44.

● NY-19 (D): Attorney Josh Riley outpaced businesswoman Jamie Cheney 64-36 in a southeastern upstate New York district. Riley will now go up against Republican Marc Molinaro, who lost Tuesday’s special election for the old 19th, for a redrawn seat that would have favored Biden 51-47.

● NY-22 (R & D): The GOP establishment got some unwelcome news when Navy veteran Brandon Williams defeated businessman Steve Wells 58-42 in the primary to succeed their fellow Republican, retiring Rep. John Katko, for a district located in the Syracuse and Utica areas. The Congressional Leadership Fund evidently believed that Wells was the better bet for this 53-45 Biden seat because the super PAC spent close to $1 million on an unsuccessful effort to get him across the finish line.

On the Democratic side, Navy veteran Francis Conole beat Air Force veteran Sarah Klee Hood 39-36. Conole far outspent the entire field, and he benefited from over $500,000 in aid from Protect Our Future PAC.

● NY-23 (special): Steuben County Republican Party Chair Joe Sempolinski held off Air Force veteran Max Della Pia only 53-47 in a special election to succeed GOP Rep. Tom Reed in a 55-43 Trump seat. Sempolinski isn’t running for a full term anywhere, while Della is competing for a full term in the revamped 23rd.

● NY-23 (R): State GOP chair Nick Langworthy scored a 52-48 upset over developer Carl Paladino, the proto-Trump who served as the 2010 Republican nominee for governor, in the contest to succeed departing GOP Rep. Chris Jacobs. Langworthy will take on Air Force veteran Max Della Pia in a seat in the Buffalo suburbs and southwestern upstate New York that would have gone for Trump 58-40.

Paladino, who used his vast wealth to far outspend Langworthy, has a long and ongoing history of bigoted outbursts. But that didn’t stop Rep. Elise Stefanik, who represents the neighboring 21st District and serves as the number-three Republican in the House, from backing Paladino, a move that one unnamed House Republican griped was “baffling” and “off-putting.” The gamble, though, very much didn’t pay off for Stefanik or Paladino.

● NY-24 (R): Rep. Claudia Tenney beat back attorney Mario Fratto by an underwhelming 54-40, though she should have no trouble in the general for a 57-40 Trump seat in the Finger Lakes region. Tenney had the support of Trump as well as a huge financial lead over Fratto, but she currently represents a mere 6% of this revamped district.

Senate

● MO-Sen: Independent John Wood announced Tuesday he was dropping out of the general election, a move that came after a super PAC affiliated with former GOP Sen. John Danforth spent $3.6 million on his behalf.

Wood sent out an email to his supporters saying he'd decided to run at a time when disgraced Gov. Eric Greitens was a serious contender for the Republican nomination, saying, "That would have been unacceptable, embarrassing, and dangerous for my party, my state, and my Country." Greitens, though, lost the Aug. 2 GOP primary to Attorney General Eric Schmitt, and Wood acknowledged, "It has become evident that there is not a realistic path to victory for me as an independent candidate."

● NH-Sen: State Senate President Chuck Morse has earned the backing of the NRA ahead of the Sept. 13 Republican primary to take on Democratic incumbent Maggie Hassan. The organization, as we've written before, has dramatically diminished in recent years and it rarely spends much in primaries, but its stamp of approval can still give Republican office seekers a boost with conservatives.

● NV-Sen: Adam Laxalt is using his coordinated buy with the NRSC to air his very first TV spot since the mid-June primary, and he's far from the only Senate Republican candidate to only return to the airwaves months after winning the nomination. Pennsylvania's Mehmet Oz began running commercials in late July, while North Carolina's Ted Budd and Ohio's J.D. Vance, who also cleared their primaries in May, went up with general election spots this month; all three of these inaugural ads were also joint buys with the NRSC.

This Laxalt spot, reports NBC, has only $95,000 behind it, though that's still more than than the $65,000 he'd spent through Monday on general election digital and radio ads. Democratic Sen. Catherine Cortez Masto, by contrast, has dropped $6.5 million on advertising, while Democratic outside groups have outspent their GOP counterparts by a smaller $12.1 million to $10.9 million margin here.

Laxalt's commercial comes days after Cortez Masto portrayed the Republican as a spoiled outsider in a spot of her own that emulated the TV show "Succession." Laxalt tries to get his own narrative about his life across by telling the audience, "I was raised by a single mom with no college education. And as a kid, I didn't know who my father was." (His late father was New Mexico Sen. Pete Domenici, who was married to another woman when Laxalt was conceived and had little presence in his life.) The candidate's wife also declares, "Everything he had to overcome helped make him a good man."  

Governors

● CA-Gov: UC Berkeley for the Los Angeles Times: Gavin Newsom (D-inc): 55, Brian Dahle (R): 31

● MS-Gov: Public Service Commissioner Brandon Presley, who is one of the most prominent Democrats in this dark red state, didn't rule anything out when Mississippi Today asked about his interest in challenging Republican Gov. Tate Reeves next year. Presley, who is also up for re-election in 2023, instead talked about his current role, saying, "I am concentrating on trying to get internet to every household in the state, trying to keep utility rates affordable during this time of high inflation."

● NY-Gov: SurveyUSA for WNYT: Kathy Hochul (D-inc): 55, Lee Zeldin (R): 31 (June: 52-28 Hochul)

House

● MI-08: It begins: The independent expenditure arm of the DCCC has released its first TV ad of the November general election, beating their counterparts at the NRCC to the airwaves.

The DCCC's spot attacks former Homeland Security official Paul Junge, the Republican nominee in Michigan's 8th Congressional District, on the number one issue of the midterms: abortion. The commercial, however, avoids the word. Instead, a series of female narrators castigates Junge: "I thought I'd always have the right to make my own health care decisions," the voiceover says. "But if Paul Junge gets his way … I won't." Saying that Junge opposes abortion even in the case of rape or incest, the narration continues, "I couldn't imagine a pregnancy forced on me after something horrible like that. But thanks to Paul Junge, I have to."

Junge is challenging five-term Democratic Rep. Dan Kildee, who saw his district in the Flint and Tri-Cities areas take on some new turf and grow a bit redder in redistricting. It also changed numbers: Biden won Kildee's old 5th by a 51-47 margin, but the redrawn 8th would have backed the president just 50-48. This part of the state has also moved sharply to the right on the presidential level over the last decade—in 2012, Barack Obama won the 5th District by more than 20 points—which is why it's a prime target for Republicans this year.

Democrats know this as well, which is why they're stepping in to aid Kildee. We don't yet know how much the DCCC is spending in this initial foray, but we will soon: Any group that makes an independent expenditure on behalf of a federal candidate must file a report with the FEC detailing its spending within 48 hours—and from Oct. 20 onward, within 24 hours. Those filings are all made available on the FEC's website.

That site will get plenty of clicks, because from here on out, we can expect hundreds of millions of dollars more in independent expenditures on House races, from official party organizations like the DCCC and NRCC, massive super PACs like the Democrats' House Majority PAC and the GOP's Congressional Leadership Fund, and a whole bevy of groups large and small. But with the parties themselves now going up on TV, we can consider this the beginning of the end of the midterms.

● TN-05: Democratic state Sen. Heidi Campbell has publicized an internal from FrederickPolls that gives her a 51-48 lead over her Republican rival, Maury County Mayor Andy Ogles, in a newly-gerrymandered constituency that Democrats are very pessimistic about holding. Democratic incumbent Jim Cooper decided to retire here after the GOP legislature transmuted his seat from a 60-37 Biden district to a 54-43 Trump constituency by cracking the city of Nashville, and no major outside groups on either side have reserved any ad time here.  

Other races

● Los Angeles County, CA Sheriff: UC Berkeley, polling for the Los Angeles Times, finds former Long Beach Police Chief Robert Luna leading conservative Sheriff Alex Villanueva 31-27 in the November nonpartisan primary to serve as the top lawman for America's most populous county. This is the first survey we've seen since early June, when Villanueva outpaced Luna 31-26.

Villanueva made history in 2018 when he became the first Democrat to hold this office in 138 years, but while he still identifies as "​​a Democrat of the party of JFK and FDR," he's established a very different image in office. Villanueva instead has become a Fox News regular who, among many other things, has raged against the "woke left." The sheriff's department also has been at the center of numerous scandals, including allegations that deputies have organized themselves into violent gangs.  

Luna, for his part, changed his voter registration from Republican to no party preference in 2018 before becoming a Democrat two years later. The county Democratic Party has endorsed the former Long Beach police chief for the general election after declining to back anyone for the first round, and all five members of the Board of Supervisors are also in his corner; Luna also has the endorsement of Eric Strong, a progressive who took third with 16%. The challenger has faulted the incumbent for having "mismanaged" the department and argued that he'll "modernize" it.

Despite his second-place showing, however, UC Berkeley finds that Luna is a blank slate to most voters. Respondents give Luna a 31-11 favorable rating, but a 59% majority says they don't have an opinion of the challenger. Villanueva, by contrast, is underwater with a 30-39 score, though 31% still weren't sure how they feel about him.

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Morning Digest: The GOP shouldn’t have to bail out JD Vance, yet it’s pouring $28 million into Ohio

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.

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Leading Off

● OH-Sen: The conservative Senate Leadership Fund announced Thursday that it was reserving―cue the Dr. Evil Voice―28 million dollars in TV and radio time for after Labor Day to help Republican J.D. Vance fend off Democrat Paul Ryan in a contest where national Republicans likely expected to spend $0 just a short while ago.

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But Vance, who won the May primary shortly after getting Trump’s endorsement, has spent months dealing with articles detailing his fellow Republicans' complaints about his campaign, or lack of it. “The Republican faithful are telling me they can't find J.D. Vance with a search warrant,” conservative radio host Bill Cunningham told the Daily Beast in July. Fellow talk radio presenter Ron Verb was even less kind, griping, “I think he’s running the worst campaign that you could possibly run,” while one GOP operative said to NBC, “They are burning bridges faster than they can build them.”

Republicans also fretted about Vance’s underwhelming fundraising numbers from the second quarter of 2022, with one unnamed source telling the Daily Beast, “When the fundraising numbers came out, it’s full-on panic now.” It took another month, though, for prominent GOP groups to set their panic level to full-on even as Ryan and his allies released several polls showing him ahead in a state that Trump decisively carried twice.

The NRSC and Vance a few weeks ago launched a coordinated buy for $1 million to help the nominee air his first ad since he won the nomination, while its allies at One Nation devoted $3.8 million towards attacking Ryan. SLF’s investment, however, marks a dramatic escalation here: Indeed, NBC notes that the super PAC so far has devoted more money to only two other Senate contests, Georgia and Pennsylvania. SLF is almost certainly hoping that its $28 million offensive will at least be enough to sink Ryan and take this race off the map.

Even if it does, though, the damage may go far beyond Ohio: As one national GOP operative told NBC, “Every dollar spent on his race is a dollar not spent in a more competitive state.” That’s also an especially big sacrifice for Team Red to make now that SLF’s allies at the NRSC have needed to cut planned TV time in other races in the face of fundraising issues.

Senate

● CO-Sen: Democratic Sen. Michael Bennet is going up with his first negative ad against Republican Joe O'Dea, focusing on abortion rights. Bennet's commercial touts his work protecting abortion access while chastising O'Dea for opposing such measures and stating he would have voted to confirm Donald Trump's and George W. Bush's Supreme Court appointees, who were responsible for overturning Roe v. Wade.

● NC-Sen, NC Supreme Court: Republican firm Cygnal, polling on behalf of the conservative John Locke Foundation, has surveyed North Carolina's hotly contested statewide races and finds the Senate election tied 42-42 between Democrat Cheri Beasley and Republican Ted Budd. That's an improvement for Beasley compared to Cygnal's previous poll in June, which had Budd ahead 45-40.

Looking further down the ballot at the state Supreme Court, Cygnal finds Republican attorney Trey Allen leading Democratic Justice Sam Ervin IV 45-40, which is a drop from Allen's 49-39 lead in June. In the other contest for an open Democratic-held seat, Republican Richard Dietz holds a similar 45-39 edge over Democrat Lucy Inman, a fellow Court of Appeals judge, which is also a modest gain for Democrats compared to Diet's 49-38 advantage two months ago. Democrats currently hold a 4-3 majority on the high court, but Republicans would flip it if they win either seat up this November.

● OK-Sen-B: The Republican pollster Amber Integrated's first, and probably last, look at Tuesday's GOP primary runoff shows Rep. Markwayne Mullin beating former state House Speaker T.W. Shannon 49-31. Mullin also got some extra welcome news this week when he earned the backing of Gov. Kevin Stitt.

Governors

● AZ-Gov: An RGA ad attacking Democrat Katie Hobbs on immigration earlier this month featured a purported "advocate for human trafficking victims" who castigated Hobbs for enabling human traffickers to cross the border, but the Arizona Mirror reports that the woman identified as Traci Hansen has no involvement with actual anti-trafficking groups. Instead, Hansen has ties to QAnon activists, who have made false claims about human trafficking a centerpiece of their conspiracy theories, and participated in a march at the state capitol organized by a local QAnon adherent.

● MI-Gov: The bipartisan duo of Republican pollster Fabrizio Ward and Democratic firm Impact Research have conducted a poll for the AARP that finds Democratic Gov. Gretchen Whitmer leading 51-46 over newly minted Republican nominee Tudor Dixon, marking their first foray into this year's contest. This result is notably closer than the few others released by other pollsters this year, who had found Whitmer similarly close to 50% but her opponent with significantly less support while the GOP primary was ongoing and Dixon was still getting her name out.

House

● FL-01: While wealthy businessman Mark Lombardo has used most of his ads to remind GOP primary voters about the ongoing federal sex trafficking investigation against incumbent Matt Gaetz, his new commercial speculates without evidence that Gaetz is "the informant" who talked to the FBI ahead of its Mar-a-Lago search.

The narrator begins, "When Trump really endorses someone, he goes big. You've seen none of that for lying Matt Gaetz." After asking what Trump knows about the congressman, she continues, "Is Gaetz the informant? Gaetz hired Jeffrey Epstein's attorney. Another Epstein attorney approved the raid on Trump's house." The commercial tries to bring it back to Gaetz by arguing, "Remember, Gaetz pressured Trump to give him a pardon, but Trump said no."

Gaetz, for his part, is airing his own spot that utilizes clips of Trump and Gov. Ron DeSantis praising him to the stars. While this piece is unlikely to generate anywhere near as much attention as Lombardo's commercial, more viewers in this Pensacola-area district may see it on their televisions: NBC reports that the incumbent has so far outspent his self-funding opponent $1 million to $400,000 on TV.

● NH-01: A pair of newly released polls by Republican firms find 2020 GOP nominee Matt Mowers, who has the support of House Minority Leader Kevin McCarthy, with a sizable edge over former White House staffer Karoline Leavitt ahead of the Sept. 13 Republican primary.

The first poll, by the Tarrance Group for the McCarthy-aligned Congressional Leadership Fund, has Mowers beating Leavitt 37-13 with 10% for state Rep. Tim Baxter, 8% for former TV reporter Gail Huff Brown, and 6% for former state Executive Councilor Russell Prescott. The second poll by co/efficient on behalf of the conservative-leaning NH Journal has Mowers ahead by a similar 31-16 margin while Baxter earned 9%, Brown took 8%, and Prescott notched just 3%.

These two polls stand in sharp contrast with a recent Saint Anselm College survey that found Mowers ahead of Leavitt just 25-21.

● NY-10, NY-12: Donald Trump tried to troll Democrats in the 10th and 12th Districts on Wednesday evening by "endorsing" Dan Goldman, who was the House Democrats' lead counsel during his first impeachment, and Rep. Carolyn Maloney in their respective Aug. 23 primaries. Trump also sarcastically praised Maloney's main foe, fellow incumbent Jerry Nadler, writing, "You can't go wrong with either, but Carolyn Maloney is the better man." Congresswoman Maloney and Goldman both responded by making it clear how much they despised Trump, with Goldman calling it "a pathetic attempt at fooling Democrats who are far smarter than Trump is."

However, several of Goldman's intra-party foes―17th District Rep. Mondaire Jones and Assemblywomen Yuh-Line Niou and Jo Anne Simon―acted as though they believed Trump really was supporting their opponent; attorney Suraj Patel, who is trying to unseat both Maloney and Nadler, also said this shows "Donald Trump is scared of a younger, more dynamic Democratic Party." Two notable 10th District candidates, former Rep. Elizabeth Holtzman and New York City Councilwoman Carlina Rivera, avoided bringing the matter up.

Rivera is also getting some late support in the final days from Nuestro PAC, a group devoted to reaching out to Latino voters. The PAC is spending $500,000 on a TV and digital effort for Rivera, who like most of the field has not been airing TV spots herself in the ultra-expensive New York City media market.

● NY-22: NBC reports that the Congressional Leadership Fund is spending another $170,000 to boost businessman Steve Wells in next week's Republican primary on top of the $350,000 it's already deployed on his behalf. Wells faces Navy veteran Brandon Williams, who has brought in considerably less money, for the nomination in a Syracuse-based seat Biden would have carried 53-44.

Mayors

● San Jose, CA Mayor: In a surprise, Santa Clara County Supervisor Cindy Chavez earned a general election endorsement this week from City Councilwoman Dev Davis, who finished third in the June nonpartisan primary with 10% of the vote. The move was unexpected because Chavez and Davis hail from opposite political factions: Chavez is a longtime labor leader, albeit one who has influential supporters in the business community, while Davis has aligned with business groups.

Chavez' general election foe is City Councilman Matt Mahan, who has a similar voting record as Davis, and the defeated candidate acknowledged that "if it was only a question of similar views, my choice would have been easier—and it would have gone the other way." Davis, though, noted that Mahan had only been elected in 2020 and argued, "No successful large business hires an inexperienced businessperson to lead them. As voters in one of America's largest cities, we have to acknowledge that political leadership experience matters too."

Mahan earned an endorsement as well from termed-out Mayor Sam Liccardo, but the incumbent has long made it clear that Mahan is his guy. Indeed, Liccardo's PAC spent heavily to help Mahan in June, though Chavez ultimately outpaced the councilman 39-32 in the first round.

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Morning Digest: Landslide wins close out Hawaii’s biggest weekend primaries

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.

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● Hawaii: The Aloha State held its primary Saturday, and we have a summary of each of the big contests below.

● HI-Gov: Lt. Gov. Josh Green defeated businesswoman Vicky Cayetano 63-21 in the primary to succeed their fellow Democrat, termed-out Gov. David Ige, while freshman Rep. Kai Kahele notched third with 15%. Green, who continued to work as a physician after going into politics, had a large media presence throughout the worst months of the pandemic, and he was the frontrunner from the start.

Green remains the favorite in November against former Lt. Gov. Duke Aiona, a two-time Republican nominee who scored a 50-26 victory over Ultimate Fighting Championship champion B.J. Penn. Aiona was defeated by former Rep. Neil Abercrombie 58-41 in the 2010 general election, and Aiona lost his chance for a rematch four years later when Ige beat the unpopular Abercrombie in the primary. Both parties believed that Aiona still had a real shot with another GOP wave looming and with conservative Democrat-turned-independent Mufi Hannemann threatening to siphon off votes from the Democratic ticket, but Ige turned back Aiona 49-37.

Joe Biden carried Hawaii 64-34 (he took each of the state’s two congressional districts by that same margin), and national Republicans haven’t shown any obvious sign of interest in targeting this seat again. Indeed, the RGA didn’t even respond for a Washington Post article that ran just before the primary.

● HI-01: Blue Dog Democrat Rep. Ed Case held off attorney Sergio Alcubilla by a lopsided 83-17 margin in this Honolulu-based seat. Alcubilla, who ran to Case’s left, had the backing of a few big unions, but he raised little himself and never attracted any serious outside spending.

● HI-02: Former state Sen. Jill Tokuda beat state Rep. Patrick Branco 58-25 in the Democratic primary to replace Kai Kahele in a constituency that includes northern Oahu and all of the state’s other islands.

Tokuda, who lost a tight 2018 primary to lieutenant governor to Josh Green, entered the race as the frontrunner, but a quartet of major outside groups—VoteVets, the Congressional Hispanic Caucus, Web3 Forward, and Mainstream Democrats PAC— spent a total of $1.2 million to elevate Branco or attack her. While this ad barrage represented a truly massive amount for a Hawaii congressional race, it turned out to be far from enough to stop Tokuda.

Senate

● FL-Sen: Democratic Rep. Val Demings' allies at EMILY's List have publicized a poll from Change Research that shows her deadlocked 46-46 against Republican incumbent Marco Rubio, a release that came days after two progressive groups unveiled their own survey from Clarity Campaigns that found a 45-45 tie. We have not seen any independent polls of this contest since winter.  

● NC-Sen: NBC reports that Republican Ted Budd and the NRSC will launch a joint ad campaign for $750,000, which will make this Budd's first TV commercial since he won the primary all the way back in May. Democrat Cheri Beasley, by contrast, has deployed $4.7 million since she won the nomination, though the NRSC has spent $6.3 million against her.

House

● AK-AL: Anchorage Mayor Dave Bronson, a Republican whose city is home to about 40% of the state's population, has endorsed businessman Nick Begich III ahead of Tuesday's instant-runoff special.

Meanwhile another Republican, former state Interior Department official Tara Sweeney, announced Friday that she'd registered with the state as an official write-in candidate for the special "after repeated requests from supporters," though she said her main focus would be to advance out of the top-four primary for a full two-year term.

● FL-01: Self-funding businessman Mark Lombardo's latest commercial against Republican incumbent Matt Gaetz opens with the primary challenger declaring, "As a member of Congress, Matt Gaetz took an oath to protect America's secrets. He broke that oath when he engaged in illicit behavior on foreign soil, leaving himself vulnerable to blackmail and putting our nation's secrets at risk." Lombardo doesn't let up as the ad goes on, continuing, "To cover up, he paid pedophile Jeffrey Epstein's attorney with donors' cash and pressured Trump for a pardon for any or all crimes."

● FL-13: While 2020 nominee Anna Paulina Luna has always looked like the frontrunner to claim the Republican nomination again on Aug. 23 in this newly gerrymandered seat, attorney Kevin Hayslett's outside group allies are deploying a serious amount to stop her. Florida Politics reports that Stand for Florida, a PAC that was set up in February, has spent $860,000 in recent days, which takes its total investment here all the way up to $1.5 million.

Luna, though, has gotten plenty of outside help herself, as the Club for Growth has dropped over $1.8 million to promote her. Conservative Outsider PAC, which is funded in part by Club donor Dick Uihlein, is also using about $110,000 for a commercial that responds to a recent Hayslett commercial that featured a clip of Luna appearing to praise Obama. The audience sees Luna warning that undocumented immigrants will cost conservatives "this country," before the narrator notes that she's Trump's endorsed candidate.

The only recent poll we've seen here was a late July Hayslett internal that showed him trailing Luna 36-34 for this constituency in the St. Petersburg area.

● FL-23: Broward County Commissioner Jared Moskowitz has earned endorsements from the National Education Association, the Florida Education Association, and the American Federation of Teachers ahead of this month's Democratic primary.  

● NY-01: While Nick LaLota once appeared to have a smooth path through the Aug. 23 GOP primary for this competitive open seat, the chief of staff of the Suffolk County Legislature went up with a commercial against his main intra-party rival, cryptocurrency trader Michelle Bond, earlier this month.

The narrator insists that Bond is a "liberal D.C. lobbyist" with a history of "working for Obama and Biden as a registered Democrat." The spot also declares that Bond "bankrolled a Trump-hating senator [and] lives in a mansion in the Swamp." (That last bit is a reference to Bond's newly purchased estate in Maryland, which she said is one of the "multiple residences" she has.) The rest of the ad promotes LaLota as a loyal Long Island conservative and "Trump conservative."

Bond is airing her own ads (here and here) that tout her as a conservative businesswoman, though they do not mention LaLota. Bond has used her personal wealth to decisively outpace LaLota in the money race, and the outside spending has also very much benefited her. Stand for New York, a group that hasn't gotten involved in any other races, has dropped $580,000 to attack LaLota. Another committee called Crypto Innovation PAC has also spent another $160,000 to promote Bond: The group is funded by crypto notable Ryan Salame, who just happens to be her boyfriend. (Salame has also bankrolled American Dream Federal Action, another super PAC that's gotten involved in other GOP primaries.)

LaLota has not received any super PAC aid, though he does sport endorsements from the local Republican and Conservative parties. The contest to succeed GOP gubernatorial nominee Lee Zeldin also includes government relations firm executive Anthony Figliola, though he's attracted little money or attention. The winner will go up against Suffolk County Legislator Bridget Fleming, who has no Democratic primary opposition, in an eastern Long Island constituency that Biden would have carried by a tiny 49.4-49.2.

● NY-10: Attorney Dan Goldman on Saturday earned the backing of the New York Times, which is arguably one of the few newspaper endorsements still capable of moving voters in a local Democratic primary, ahead of the packed Aug. 23 contest for this safely blue seat based in Lower Manhattan and northwestern Brooklyn. The Times’ nod was especially coveted here: City & State wrote earlier this month, “One campaign said they’ve probably had 20 supporters email or call members of the board to make their case,” while an unnamed operative added, “Everybody lobbies … The question is to what degree.”

Those candidates may have had good reason to lobby. City & State notes that the NYT’s endorsement last year provided a huge lift to then-Sanitation Commissioner Kathryn Garcia in the primary for mayor of New York City and helped establish her as a frontrunner. Garcia still narrowly lost the instant-runoff contest to Eric Adams, but she performed well in areas that overlap with the 10th District as well as the 12th, which is home to another big Democratic primary.

Politico's Joe Anuta also reports that Goldman has so far spent $2.8 million on TV ads, which is a truly massive sum for a campaign taking place in America's priciest media market. Goldman, though, is an heir to the Levi Strauss & Co. fortune, and he has plenty of personal wealth and connections: The candidate, who would be one of the wealthiest members of Congress, has self-funded $4 million so far and raised another $1.5 million from donors through Aug. 3.  

Anuta relays that only one Goldman opponent, 17th District Rep. Mondaire Jones, has joined him on television, and he's deployed a considerably smaller $784,000. The other contenders have stayed off the airwaves, which is a common strategy for candidates running in the massive New York City media market. (Over 20 million people live in this market, and relatively few can vote in the 10th District's primary.)

"You're wasting your spending on 90% of the people who see your ad," explained Matthew Rey, a strategist who isn't involved in this race. He added, "So is it a powerful way to persuasively and effectively reach that other 10%? Yes. But dollar-for-dollar, it's a luxury." Another unaligned consultant, Basil Smikle Jr., was even more skeptical, saying, "In a congressional race where you are expecting turnout to be low, there are much more efficient ways to spend your money than doing a large broadcast buy in the last couple of weeks."

Goldman, though, is betting that voters will indeed react well to his TV spots, including a new piece touting his work in civil rights law and "leading the impeachment of Donald Trump." The commercial also displays Trump's message on his Truth Social platform (which, yes, still exists) reading, "Dan Goldman puts in his ad used in running for Congress that he 'impeached Donald Trump'" to argue, "Donald Trump doesn't want Dan Goldman in Congress, but we do."

● NY-12: The New York Times on Saturday endorsed incumbent Jerry Nadler in his Democratic primary against fellow Rep. Carolyn Maloney and attorney Suraj Patel. 

● NY-17: The New York City Police Benevolent Association, which endorsed Trump in 2020, has spent $310,000 to oppose state Sen. Alessandra Biaggi in her Democratic primary against Rep. Sean Patrick Maloney. The spot labels Biaggi an “anti-police extremist,” which is the type of rhetoric Republicans usually love to throw at Democrats in general elections.

● NY-19 (special): VoteVets has launched what Politico reports is a $450,000 ad buy to aid Democrat Pat Ryan, which makes this Team Blue's first major independent expenditure ahead of an Aug. 23 special election. The narrator echoes Ryan in framing the contest as a choice between a pro-choice candidate and "a Congress that'll pass a nationwide ban on abortion first chance they get." She adds that Ryan, who served with the Army in Iraq "sure didn't fight for our freedom abroad to see it taken away from women here at home."

The NRCC, for its part, is continuing to try to frame Ryan as weak on public safety in its new spot.

● OH-09: Democratic incumbent Marcy Kaptur's latest commercial argues that, while she's fighting to lower drug prices, Republican J.R. Majewski "made a rap video." Yes, you read that right: The QAnon-aligned candidate did indeed star in a piece called "Let's Go Brandon Save America," and Kaptur's spot treats viewers to a mercifully small piece of it. "Not to poke fun at dementia, it's a serious disease," raps Majewski, "But come on, man, squeeze your cheeks when you sneeze." Kaptur's narrator concludes, "We don't need celebrity wannabes, we need serious leaders tackling serious challenges."

● OK-02: The newest commercial in what's turned into a very expensive Aug. 23 Republican runoff is a spot from the Club for Growth affiliate School Freedom Fund starring Texas Sen. Ted Cruz, who extols former state Sen. Josh Brecheen as an ardent "Trump conservative."

This group has deployed $1.8 million during the second round to promote Brecheen, who is a former Club fellow, or rip his opponent, state Rep. Avery Fix, in the contest for this safely red eastern Oklahoma constituency. Two other organizations, Fund for a Working Congress and American Jobs and Growth PAC, have dropped a similar amount to help Frix, who outpaced Brecheen just 15-14 in late June.

Other Races

● GA Public Service Commission: On Friday, an 11th Circuit Court of Appeals panel stayed a recent lower court ruling that had blocked Georgia from holding elections this fall for two seats on its Public Service Commission, which regulates utilities, on the grounds that the statewide election method violated the Voting Rights Act by discriminating against Black voters. The district court ruling had postponed the elections until Georgia lawmakers adopted a district-based election method next year, but the appellate judges ruled that it was too close to November to implement any election changes to ongoing 2022 elections and stayed the lower court's decision while Republican Secretary of State Brad Raffensperger's appeal is pending.

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Morning Digest: Second quarter fundraising numbers highlight Empire State scramble

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.

Maryland held its primary Tuesday, but because state election officials aren't allowed to even start tabulating mail-in ballots until Thursday, a significant number of votes still need to be counted. You can find the current vote totals here; we’ll have a rundown in our next Digest.

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● 2Q Fundraising: Daily Kos Elections is pleased to present our quarterly fundraising charts both for the House and for the Senate: Our data includes the numbers for every incumbent (excluding those who've said they're not seeking re-election or have already lost their primaries) and notable announced candidates.

No state saw a bigger transformation to its House battlefield since the last quarter than New York, where the state's highest court threw out the Democratic-drawn map in late April and instituted its own boundaries about a month later. This means that plenty of House candidates weren't even running when fundraising reports were last released three months ago, while others are facing different opponents than they'd planned for.

Perhaps the most anticipated matchup of the Aug. 23 primary is the battle in the safely blue 12th Congressional District between a pair of Manhattan Democrats who were each first elected in 1992, Reps. Carolyn Maloney and Jerry Nadler. Maloney outraised Nadler $590,000 to $520,000 from April to June and self-funded an additional $900,000, which left her with a wide $2.1 million to $1.3 million cash-on-hand lead. Maloney's existing 12th District in the Upper East Side makes up about 60% of this new seat, while Nadler's Upper West Side 10th forms another 40%.

Further complicating the primary is the presence of Suraj Patel, an attorney who held Maloney to a 43-39 win in 2020. Patel, who launched his latest campaign in February, took in $450,000 for the quarter and finished June with $560,000 available.

Maloney and Nadler, though, aren't the only Democratic incumbents in danger of losing renomination next month. Rep. Mondaire Jones decided to run for the reliably blue 10th District, a southern Manhattan and northwestern Brooklyn seat that's located well away from his existing Hudson Valley base, after DCCC chair Sean Patrick Maloney decided to run for the new 17th District, and he's going up against several prominent local figures. The crowded field got smaller Tuesday, though, when former New York City Mayor Bill de Blasio dropped out; see our NY-10 item below for more.

Former federal prosecutor Dan Goldman, who served as House Democrats' lead counsel during Donald Trump's first impeachment, outraised Jones $1.2 million to $450,000 during what was Goldman's opening quarter, but the congressman's big headstart left him with a $2.8 million to $1.1 million cash-on-hand lead.

New York City Councilwoman Carlina Rivera, by contrast, raised $400,000 and finished with $350,000, while Assemblywoman Yuh-Line Niou hauled in $240,000 and had $200,000 available. Also in the running are former Rep. Elizabeth Holtzman, who is seeking to return to the House after a 42-year-absence; Assemblywoman Jo Anne Simon; and attorney Maud Maron, but they each had well under $200,000 to spend.

Over in the 16th in southern Westchester County, freshman Rep. Jamaal Bowman is going up against two members of the Westchester County Legislature. Vedat Gashi, who began running before the maps were replaced, actually outraised Bowman $300,000 to $250,000 for the quarter, and the challenger ended with a $530,000 to $430,000 cash-on-hand edge. Catherine Parker, meanwhile, raised $160,000 after kicking off her bid in late May but self-funded $140,000 more, and she finished with $260,000 in her war chest. Bowman currently represents three-quarters of this new seat, which remains safely blue turf.

The aforementioned Rep. Sean Patrick Maloney, by contrast, has a huge financial edge over his intra-party rival just one seat to the north in the new 17th. The DCCC head, whose existing 18th District forms just a quarter of this revamped lower Hudson Valley constituency, hauled in $840,000 and had $2.6 million to defend himself. State Sen. Alessandra Biaggi, who previously was campaigning for the 3rd District under the now-defunct map, brought in a far-smaller $250,000 for this quarter and had a similar $280,000 on hand.

The eventual Democratic nominee could still face a serious fight in November, however, in a constituency that would have backed Biden 54-44. The only one of the five Republicans on the primary ballot who has raised a notable amount is Assemblyman Mike Lawler, who hauled in $350,000 and finished with $330,000 available.

We'll be taking a look at the financial state-of-play in several other New York House primaries below as well, starting with the open NY-03.

Redistricting

● OH Redistricting: On Tuesday, Ohio's Supreme Court struck down the congressional map drawn by Republicans that was used in the May primaries. In a 4-3 ruling that saw GOP Chief Justice Maureen Connor side with the court's three Democrats, the court held that the districts, which could elect a 13-2 Republican majority in year favorable to the GOP like 2022 is shaping up to be, were partisan gerrymanders in violation of a 2018 constitutional amendment approved by voters and legislators that bans maps that "unduly favor" a party.

The court gave the GOP-run legislature 30 days to redraw the map, after which the Republican-majority on Ohio's bipartisan redistricting commission would have another 30 days if lawmakers fail to act. However, given that potential timeline and the U.S. Supreme Court's penchant for blocking election changes that are supposedly too close to Election Day, the invalidated lines will almost certainly remain in place for November.

This decision marks the second time this cycle that Ohio's top court has invalidated the GOP's congressional map. However, just like in a similar lawsuit that saw the same court strike down the GOP's legislative maps five times, Republicans effectively ran out the clock and will be able to use unconstitutional districts in this fall's elections.

With the state court ruling meaning that new lines will be required in 2024, this fall's judicial elections have a heightened importance. Three GOP-held court seats are up in partisan elections this November, but O'Connor is barred from seeking re-election thanks to age limits. If Republicans sweep all three seats, they would gain a majority that would enable the GOP to get away with passing yet another round of aggressive gerrymanders.

Senate

● AZ-Sen, AZ-Gov: Cygnal's new survey for the Gateway Pundit, a far-right blog infamous for peddling election conspiracy theories, finds Trump's picks ahead in their Aug. 2 GOP primaries for Senate and governor. Former Thiel Capital chief operating officer Blake Masters posts a 30-20 lead over wealthy businessman Jim Lamon for the right to take on Democratic Sen. Mark Kelly, while former TV news anchor Kari Lake beats Board of Regents member Karrin Taylor Robson 45-34 in the contest for governor.

● MO-Sen: The Kansas City Star reports that Missouri Stands United is spending $2 million on a new ad campaign promoting independent John Wood that stars his old boss, former GOP Sen. John Danforth. The group, which has now invested $5 million in this race, previously aired a commercial where Danforth called for voters to support an independent, though he didn't mention Wood in that earlier spot.

● PA-Sen: Democrat John Fetterman will attend a fundraiser on Thursday in Philadelphia, which will make this his first scheduled in-person event since he suffered a stroke just before the May primary.

● WA-Sen: Longtime pollster Elway Research, working on behalf of the news site Crosscut, shows Democratic incumbent Patty Murray beating Republican Tiffany Smiley 53-33. A recent SurveyUSA media poll gave the senator a similar 51-33 advantage.

Governors

● MI-Gov: The Glengariff Group's newest poll for The Detroit News and WDIV-TV shows conservative radio host Tudor Dixon edging out businessman Kevin Rinke 19-15 ahead of the Aug. 2 Republican primary; real estate broker Ryan Kelley and chiropractor Garrett Soldano are just behind with 13% and 12%, respectively, while a 38% plurality is undecided. It does not appear that respondents were offered the opportunity to volunteer the name of James Craig, the former Detroit Police chief who is running a write-in campaign after getting booted off the ballot.

● RI-Gov: Incumbent Dan McKee is spending $65,000 on his opening buy for the September Democratic primary, and it's one of the rare campaign ads that proudly highlights that the candidate lives with his mother.

The governor begins by telling the audience, "Ever since Mom moved back in, we play cards," to which 94-year-old Willa McKee, who is shown sporting a hefty pair of sunglasses, responds, "I even let him win sometimes." The candidate goes on to tout his accomplishments (which are shown in card form), including "one of the nation's best economic recoveries" and ending the car tax, before concluding, "Not bad for a year and a half." Willa McKee gets the last word, replying, "Not bad for a governor that lives with his mother."  

● TX-Gov: Democrat Beto O'Rourke was unable to upload his latest fundraising report to the Texas Ethics Commission's website because of its sheer size, but the TEC says he finished June 30 with $23.9 million on hand. The challenger outraised Republican Gov. Greg Abbott $27.6 million to $24.9 million from Feb. 20 through June 30, but Abbott held a larger $45.7 million war chest.

● WI-Gov: New campaign finance reports are in covering the first six months of the year, and they demonstrate just how much businessman Tim Michels has been using his personal wealth to outspend the one-time frontrunner, former Lt. Gov. Rebecca Kleefisch, ahead of their Aug. 9 Republican primary.

Michels, who entered the race in April, supplied all but $60,000 of the nearly $8 million he brought in, while Kleefisch raised $3.7 million. Michels outspent her by a wide $7.7 million to $3.5 million during this time, and while Kleefisch finished June with a $2.7 million to $320,000 cash-on-hand lead, Michels likely can write his campaign more checks. The only other notable GOP candidate, state Rep. Timothy Ramthun, brought in a mere $170,000 and had $90,000 on hand. The eventual winner will face Democratic Gov. Tony Evers, who raised $10 million from January to June and had $7.7 million on hand.

House

● FL-07: U.S. Term Limits has released a survey from RMG Research that gives state Rep. Anthony Sabatini a 23-16 lead over Army veteran Cory Mills in the Aug. 23 GOP primary for this newly gerrymandered seat; Navy veteran Brady Duke takes third with 9%, while 42% were undecided. The group did not express a preference for a candidate, though it noted that Sabatini and Mills have both signed its term limits pledge.

We've seen one other poll recently, and it found a considerably different state of affairs. The state Republican Party commissioned numbers from The Tyson Group to determine who to invite to its debate, and it showed Mills edging out Sabatini 23-21 as Duke earned a similar 8%.

● LA-03: Prosecutor Holden Hoggatt announced Tuesday that he would challenge his fellow Republican, three-term Rep. Clay Higgins, in the November all-party primary for this safely red southwest Louisiana seat, a declaration that came days before Friday’s filing deadline. (Louisiana is the last state in the nation where qualifying remains open for major party candidates.)

Hoggatt declared, “Higgins’ candidacy is weakened because he hasn’t delivered for our people on storm recovery, or infrastructure.” The challenger also pointed to Higgins’ $260,000 war chest to argue, “He’s had pitiful fundraising.” While Hoggatt only has a few months to raise cash himself, LA Politics writes that the new candidate “knows his way around the business lobby” in the state capital.

Higgins, a former local police officer who became famous for a series of "Crime Stoppers" videos that featured him melodramatically calling out criminals, has since made a name for himself as a proud spreader of the Big Lie. Indeed, he posted a video mere days after the 2020 election, “I have inside data that this election is compromised. Our president won this election. Feel my spirit.”

Higgins has also attracted attention for more bizarre social media activities, including a February tweet reading, “You millennial leftists who never lived one day under nuclear threat can now reflect upon your woke sky. You made quite a non-binary fuss to save the world from intercontinental ballistic tweets.” However, while the congressman’s antics aren’t likely to do him much harm in a seat that Trump would have carried 68-30, Hoggatt is hoping to capitalize on anger over his response to hurricane recovery efforts.

While southwest Louisiana has struggled for years to obtain disaster relief money, Higgins was far away from both his constituents and D.C. in the weeks ahead of the March congressional budget deadline: He instead posted a video saying he was in an unnamed Middle Eastern nation “trying to get Americans and American families back home who were abandoned in the shameful retreat from Afghanistan.” Ultimately, Congress passed a bill that did not include additional hurricane funds for Louisiana.

Redistricting, though, is not going to be an issue for Higgins. The 3rd Congressional District ended up losing about 10,000 residents to neighboring seats but did not pick up any new areas, so the congressman already represents the entirety of the redrawn constituency.

● NY-03: Five Democrats are competing in a pricey battle to succeed Democratic Rep. Tom Suozzi, who gave up this northern Nassau County seat in order to wage a disastrous bid for governor, though two contenders have considerably more resources than the rest of the field. Nassau County Legislator Josh Lafazan, who earned Suozzi's endorsement earlier this month, outraised DNC member Robert Zimmerman $500,000 to $320,000 for the quarter, and he finished June with a $890,000 to $760,000 cash-on-hand lead.

Jon Kaiman, a deputy Suffolk County executive who lost the 2016 primary to Suozzi, was well behind with $200,000 raised and $350,000 available. Melanie D'Arrigo, who lost the 2020 primary to Suozzi 66-26, had only $60,000 to spend for her latest bid, while marketing consultant Reema Rasool had even less.

The GOP is fielding just one contender for this Long Island constituency, where Biden's margin dropped from 55-44 to 53-45. 2020 nominee George Santos, who was defeated 56-43 last time, took in $300,000 for his new campaign and ended last month with $910,000 on hand.

● NY-04: Five Democrats are running to succeed retiring Rep. Kathleen Rice in this southern Nassau County district, and this is another contest where two of the candidates have considerably more money than everyone else.

Former Hempstead Supervisor Laura Gillen outpaced Malverne Mayor Keith Corbett $300,000 to $160,000, but Corbett self-funded an additional $90,000; Gillen, who has Rice's endorsement, finished June with $390,000 while Corbett, who is an ally of state and county party chair Jay Jacobs, had $310,000 on hand. Nassau County Legislator Carrié Solages was far back with only $80,000 to spend.

The new map increased Biden's showing slightly from 56-43 to 57-42, but this is another Long Island seat where Republicans are hoping a well-funded candidate will be able to pull off an upset. Team Red's one contender is Hempstead Town Councilman Anthony D'Esposito, who raised $540,000 and finished June with $550,000 in the bank.

● NY-10: Bill de Blasio ended his bid for the Democratic nod on Tuesday, with his campaign acknowledging that even his own polls showed the former New York City mayor in bad shape. De Blasio's many critics may not have him to kick around anymore either, as he announced his departure by tweeting, "Time for me to leave electoral politics and focus on other ways to serve."

● NY-19 (special), NY-18, NY-19: Republican Marc Molinaro maintains a big cash-on-hand lead over Democrat Pat Ryan ahead of their Aug. 23 special election showdown for the existing 19th District, but a strong opening quarter helped Ryan make up ground.

Ryan, who serves as Ulster County executive, took in $1.1 million during the opening months of the contest to succeed Antonio Delgado, a fellow Democrat who resigned in May to become lieutenant governor, and he ended June with $580,000 on hand. Molinaro, the Dutchess County executive who began running in September of last year, hauled in a smaller $470,000, but he had $1 million available. Biden carried this constituency 50-48.

No matter what happens, though, both Ryan and Molinaro will be competing for separate seats in the fall. Ryan faces just one unheralded intra-party opponent in the primary for the new 18th District, a 53-45 Biden constituency in the upper Hudson Valley that's currently open because Rep. Sean Patrick Maloney decided to run for the more Democratic 17th District. The one Republican campaigning here is Colin Schmitt, an assemblyman who had been challenging Maloney; Schmitt raised $340,000 during the most recent quarter, and he had $600,000 in his war chest.

Over in the redrawn 19th, finally, Molinaro also has no primary opposition in a southeastern upstate New York seat that would have supported Biden 51-47. The Democratic contest, however, is a duel between attorney Josh Riley, who had been running for the 22nd District in the Syracuse area until May, and businesswoman Jamie Cheney. Riley outraised Cheney $430,000 to $420,000, while Cheney self-funded $100,000 more; Riley finished June with a $790,000 to $440,000 cash-on-hand lead.

● NY-22: Navy veteran Francis Conole finished June with a huge cash advantage over the other three Democrats campaigning to succeed retiring GOP Rep. John Katko in this Syracuse-area seat. Conole, who lost the 2020 primary to face Katko in the old 24th, took in $270,000 for the quarter and had $400,000 in the bank, while former Assemblyman Sam Roberts was far behind with only $70,000 on hand.

The Republican contest pits wealthy businessman Steve Wells against Navy veteran Brandon Williams. Wells, who lost the 2016 primary to now-Rep. Claudia Tenney in the old 22nd, raised $250,000 for his new effort and self-funded another $350,000, while Williams brought in only around $60,000; Wells finished June with a $600,000 to $110,000 cash-on-hand edge. Biden would have carried the new 22nd 53-45, while he took Katko's existing 24th by a similar 53-44.

● NY-23: Carl Paladino, the proto-Trump who served as Team Red's 2010 nominee for governor, is using his wealth to far outpace state party chair Nick Langworthy in the money race for this open seat. Paladino, who raised all of $50 from other people, sunk $1.5 million of his own money into his campaign, which left him with $1.4 million on hand.

Langworthy, by contrast, raised $310,000 and had a similar $300,000 available in his quest to succeed GOP Rep. Chris Jacobs, who decided to retire in June after coming out in favor of gun safety following the mass shooting in Buffalo. This seat, which is based in the Buffalo suburbs and southwestern upstate New York, would have supported Trump 58-40.

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It’s time to end the statute of limitations for sitting presidents

Posted on by Darrell Lucus

Since Donald Trump came down the escalator of Trump Tower to launch his run for president, we have found ourselves asking questions we never believed we would have to ask about our leaders. The loudest of those questions concern Trump’s criminal activity. While we know that Trump was perhaps the most blatantly criminal person ever to occupy the White House, it’s quite another matter to be able to prove it beyond a reasonable doubt.

That effort has been hindered by the longstanding Department of Justice (DOJ) policy against indicting sitting presidents for crimes committed while in office. That policy did not anticipate a situation where a president’s political allies were willing to look the other way when said president essentially ran the White House and the country as a crime syndicate.

In 2019, former FBI director Robert Mueller released the results of his special counsel investigation into Russia’s attempt to hack the 2016 election for Trump. While Mueller outlined at least ten potential instances in which Trump obstructed justice, he concluded that none were egregious enough to merit a criminal referral. By the time Trump left office, the already limited window to prosecute him for these potential crimes was even narrower, given that much of the time in the five-year statute of limitations had already elapsed. The ticking clock has only added to frustrations inside and outside this country about the prospect of Trump never facing justice for his actions.

Fortunately, two of Trump’s biggest gadflies in Congress—Reps. Jerry Nadler of New York and Adam Schiff of California—realize that even if we can’t make Trump stand trial for his crimes in office, we have to prevent the possibility of another criminal president avoiding accountability. They have introduced legislation that would all but eliminate the statute of limitations for presidents who commit crimes while in office.

The DOJ’s policy against indicting sitting presidents for federal crimes has its roots in a DOJ memo issued in 1973, during the worst of Watergate. The 41-page document, penned by assistant attorney general Robert Dixon, head of the DOJ’s Office of Legal Counsel, was titled “Amenability of the President, Vice President, and other Civil Officers to Federal Criminal Prosecution while in Office.” While delving into several historical documents to weigh the pros and cons of indicting a sitting president, Dixon ultimately concluded that the president’s role was too vital for him to be indicted while in office.

Dixon argued that if a president had to face criminal charges, it would interfere with many duties “which cannot be performed by anyone else.” Dixon believed the concern was especially acute given that the president’s power had grown to a level “undreamed of in the 18th and early 19th centuries.” Dixon also claimed that if an indicted president opted to go to trial, a guilty verdict might not be seen as legitimate, given the “passions and exposure” surrounding the presidency.

For these and other reasons, Dixon argued that impeachment and removal were the only means of dealing with potentially criminal conduct by a sitting president. While he reiterated that there was no bar to criminally charging a president once he left office, he openly admitted that there was a possibility the statute of limitations could run out before then. While conceding that this potentially created a “gap in the law,” he believed indicting a sitting president carried too many unacceptable risks.

Unsurprisingly, having to endure a blatantly criminal president in recent years has led to calls for the Dixon memo to be revisited. Among the loudest voices calling for the memo to be reconsidered is J. T. Smith, who served at the DOJ alongside Dixon. Watch him make the case on MSNBC’s The Rachel Maddow Show in 2019. 

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One thing is unmistakable from reading Dixon’s memo. He clearly assumed that Congress would swiftly impeach and remove a president who engaged in criminal conduct. After all, impeachment and removal would make any concerns about indicting a sitting president moot. That process worked perfectly during Watergate. When the “smoking gun tape” provided irrefutable evidence that Richard Nixon was directly involved in covering up the break-in, Nixon’s support in Congress evaporated. According to Sen. Barry Goldwater, Nixon was facing impeachment by an overwhelming margin in the House—something close to unanimous support. Goldwater claimed only 15 senators were willing even to consider acquitting Nixon—not even half of the 33 votes Nixon needed to stay in office. Faced with this stark and unmistakably bipartisan math, Nixon resigned.

Nixon was pardoned by Gerald Ford soon after resigning. It turned out that Nixon had become gravely ill less than a week after leaving office. With reports that a trial could not credibly begin until early 1975, it appears that Ford was partly motivated by concerns that Nixon wouldn’t live that long—or at least that he would have been physically unable to stand trial.

Ford’s earlier claims that Nixon had suffered enough by being forced out of the White House in disgrace proved to be an albatross around his party’s neck in 1974, and his own two years later. Political fallout notwithstanding, the system worked exactly as Dixon seemed to have expected.

But to be effective, the process requires Congress to have the political will to act. During Trump’s two impeachments, even though it was beyond dispute that Trump had trampled both the Constitution and his oath to preserve, protect, and defend it, intransigent Republican opposition prevented him from facing his reckoning.

In 2019, after Trump attempted to bully Ukraine into joining a politically motivated investigation into Joe Biden, Republicans were unwilling to take off their red blinders even for a minute and uphold their oaths of office. Instead, we were served with hair-on-fire claims about how evil liberals were in cahoots with the deep state to stop Trump, as well as warnings from Trump’s evangelical supporters that impeachment amounted to an attack on their values.

Minority Leader Kevin McCarthy summed up this mentality. At the very start of his remarks opposing Trump’s first impeachment he claimed, with a straight face, that the Democrats were only impeaching Trump because they could not bring themselves to accept that he was president.

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McCarthy also claimed that Democrats were trying to turn impeachment into “an exercise of raw political power.” His remarks were little more than a longer version of this tweet from then-First Daughter-in-Law Lara Trump.

pic.twitter.com/pYSILiGnrK

— Lara Trump (@LaraLeaTrump) September 28, 2019

If anything, the Republicans’ failure was even starker during Trump’s second impeachment. Even though it was clear that Trump had incited the deadly insurrection on Jan. 6, 2021, to steal a second term, only 10 House Republicans were willing to summon the will to impeach him. When Trump was tried in the Senate, only seven Republicans voted to convict—10 short of the necessary threshold.

One of the 10 House Republicans who voted for impeachment, Rep. Adam Kinzinger of Illinois, later recalled that he believed as many as 25 Republicans would vote to impeach—only to be surprised when just nine of his colleagues joined him. According to Democratic Rep. Jason Crow of Colorado, one of the managers during Trump’s first impeachment, several more would have done so, but feared for their lives. Then-Senate Majority Leader Mitch McConnell refused to call the Senate back into session in order to ensure the trial would begin before the end of Trump’s term. That made his ultimate decision to acquit Trump because he was no longer in office—a sentiment shared by no fewer than seven other senators (Rob Portman, John Thune, Shelley Moore Capito, John Cornyn, Mike Rounds, Steve Daines, and Jerry Moran)—sound disingenuous, to put it mildly.

The current DOJ policy against indicting a sitting president is grounded on the idea that such an indictment would do too much damage to the country. According to the man who authored that policy, the only way to solve that problem is to render that president a private citizen by impeaching him and removing him from office in short order. But if Congress isn’t willing to hold up its end of the bargain, then you have at least the appearance of, in Nixon’s words, a “gap in the law.”

Such a situation is untenable in any society that purports to be based on the rule of law. It also risks irreparable damage to America’s reputation abroad; more than a few of my acquaintances outside this country have wondered why Trump hasn’t been arrested.

I have been of the mind for some time that the sheer egregiousness of Trump’s alleged misdeeds in office was such that there was at least one federal criminal investigation well underway, in addition to the state-level investigations being led by New York Attorney General Letitia James and Fulton County, Georgia District Attorney Fani Willis. Any doubt I had of this was put to rest in February by former federal prosecutor Glenn Kirschner. On his podcast, Justice Matters, Kirschner opined that he believed we would see indictments of Trump and much of his inner circle because “there are too many dedicated people at the Department of Justice not to ...” Earlier, he’d cautioned that the DOJ’s inclination to conduct “long exhaustive proactive investigations with no deadlines” is a big reason we haven’t seen the indictments roll out yet.

Kirschner spent his entire 24-year career as an assistant U. S. Attorney for the District of Columbia, the second-most prestigious U. S. Attorney’s Office in the country, behind the Southern District of New York. He knows what it takes to conduct “long exhaustive proactive investigations” of which he spoke. And when the target of that investigation is a former president with a very cult-like following, it’s even more important to make sure that case is ironclad.

We got a reminder of just how ponderous this process is later in February when CNN revealed that the House Select Committee investigating the Jan. 6 insurrection was being snarled by Trump’s pesky habit of using other people’s phones. According to multiple sources in the Trump White House, Trump was so paranoid about people listening in on his calls that he frequently confiscated the cell phones of aides and Secret Service agents. 

These accounts appear to have been corroborated by Trump’s third White House press secretary, Stephanie Grisham. In an interview with CNN’s New Day, Grisham revealed that Trump was known to commandeer the phones of anyone who happened to be in the same room.

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This makes reconstructing the events of that horrible day even more difficult. If Trump was using other people’s phones, anyone investigating the events leading up to the pro-Trump hordes swarming into the Capitol would have to wade through the phone records of innocent third parties and try to separate legitimate calls from not-so-legitimate calls. If the House investigators were stymied by this, the odds are pretty good that federal prosecutors are as well.

The need to wade through this evidence would make building a solid case against Trump difficult, even without the compressed time frame to bring an indictment before the statute of limitations runs out. Nadler, the chairman of the House Judiciary Committee and the de facto second-in-command during Trump’s first impeachment, had this in mind when he wrote the No President is Above the Law Act of 2020. This bill would “toll,” or pause, the statute of limitations for any federal crimes committed by a sitting president before or during his time in office. The Democrats on the House Judiciary Committee had a simple rationale for this bill: to prevent a president from using his office “to avoid legal consequences.”

The Republicans on the Judiciary Committee, led by Rep. Jim Jordan of Ohio, scoffed that this bill was a solution in search of a problem. However, they claimed that its premise was undermined by Mueller’s report, since any claims that Trump colluded with Russia were “disproven” by Mueller. They ignore that Mueller explicitly stated that his report did not exonerate Trump. Moreover, are the House Republicans okay with creating even the appearance that you can be above the law just by virtue of being president?

Much of Nadler’s bill was folded into the Protecting Our Democracy Act, authored by Schiff, the chairman of the House Intelligence Committee and the lead manager during Trump’s first impeachment. In an interview with NPR’s Mary Louise Kelly, Schiff heralded the bill as an effort to codify “what had been, we thought, inviolate norms of behavior in office.” However, Schiff’s act sets up new guardrails, including the effective pause of the statute of limitations for sitting presidents as proposed by Nadler.

The Protecting Our Democracy Act passed the House in December, with Kinzinger being the only Republican to support it. The Senate has yet to take up the bill as of this writing, which, to put it mildly, is unfortunate. The Republicans had a chance to make up for their failure to uphold their oaths of office during Trump’s two impeachments. So far, they’re squandering it.

This cannot stand.

Even if the clock runs out on any effort to make Trump answer for his misdeeds in federal court, Nadler and Schiff have crafted what is arguably the best mechanism to prevent another president from following his example. Call your senators and tell them to support the Protect Our Democracy Act. We cannot allow even the appearance of a president being above the law.

Morning Digest: Why Montana is the only state in the union without new legislative maps

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.

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● MT Redistricting: For the first time in 40 years, Montana enjoyed the right to draw a congressional map following the 2020 census, thanks to population growth that bumped up its representation in the House from one seat to two. But while that task was completed all the way back in November, the state still lacks new maps for its legislature—and won't have any until next year. In fact, Montana is the only state in the nation that hasn't finished legislative redistricting. So what gives?

Fortunately, law professor Quinn Yeargain has the answer. In 1972, Montana adopted a new constitution that gave power over redistricting to an evenly divided bipartisan commission, which is obligated to submit legislative maps to lawmakers "at the first regular session after its appointment or after the census figures are available." The problem, however, is that the constitution also mandates the legislature meet for just 90 days at a time in odd-numbered years, starting in early January and ending in late April.

Practically speaking, therefore, there's no way the redistricting commission could finish its work that quickly, and in 2021, that would have been literally impossible, since the Census Bureau didn't release the detailed data needed to draw new lines until August. Even in the previous decade, when the census wasn't hampered by a pandemic and presidential interference, Montana didn't receive the necessary data until mid-March.

Making matters even more absurd, as Yeargain points out, when lawmakers receive maps from the commission, they can only make "recommendations" for changes—recommendations the commissioners are free to ignore. The entire process, therefore, will be put off until the legislature's next session in 2023, simply to allow legislators to play an entirely advisory role that may have no impact whatsoever.

The practical consequences of this delay, however, are considerable. As shown in this map of Montana's state House, many districts are severely under- or over-populated, with 56 of 100 outside the 10% deviation between the smallest and largest districts that courts typically allow; the situation in the Senate is similar.

Under the longstanding constitutional doctrine of "one person, one vote," these imbalances make Montana ripe for a lawsuit demanding the state draw new districts immediately after each census, like every other state does. No one has brought such a case this time, though, and with the state's primary next week, it's now too late. But in the coming decade, such a challenge could very well succeed.

Senate

● OH-Sen: The first post-primary poll of Ohio's open Senate race finds Republican nominee J.D. Vance with a small 42-39 lead on Democratic Rep. Tim Ryan, though 17% of voters have yet to make up their minds, according to Suffolk University. While Vance's 3-point margin might seem alluring, we always caution never to judge a race based on a single poll. That's all the more so when there's a sizable pile of undecideds, since they're more likely to lean Republican given Ohio's overall red tilt.

Governors

● GA-Gov: Democrat Stacey Abrams has launched her first TV ad since winning last month's primary, and the spot blasts Republican Gov. Brian Kemp for having "made it easier for criminals to carry guns in public," vowing to criminalize abortion, and providing "tax cuts for himself and his ultra-wealthy friends." Notably, this ad is from Abrams' One Georgia leadership committee, which can raise and spend unlimited contributions from donors now that the primaries are over thanks to a law that Kemp himself signed in 2021 in an attempt to gain his own fundraising advantage.

● FL-Gov: We're not quite sure what to make of this, but the Florida Education Association, which is the state's largest teachers union, says it's "backing" Democratic Rep. Charlie Crist's bid for governor but stresses that it's not giving Crist its "formal endorsement." We're accustomed to this sort of parsing from politicians, but we can't recall ever seeing a labor union—especially not one with 150,000 members—engage in this kind of hair-splitting.

● IL-Gov: Hedge fund billionaire Ken Griffin, who is Illinois' wealthiest resident, has given an additional $5 million to Aurora Mayor Richard Irvin's campaign for the June 28 GOP primary, bringing his investment up to a staggering $50 million thanks to Illinois' lack of contribution limits. Due in large part to the wealth of just three billionaires, candidates and outside groups in Illinois' upcoming primaries have spent an eye-popping $30 million on ads in May alone as Democrats have gotten involved in the GOP primary to try to stop Irvin and boost a more conservative opponent while Irvin's camp has spent heavily in response.

Irvin has expended $11.1 million while the Democratic Governors Association has dropped $6.5 million on a mix of ads attacking Irvin and boosting state Sen. Darren Bailey, who is running to Irvin's right and has spent $4.1 million with an additional $2.7 million in outside support from a PAC funded by right-wing billionaire Dick Uihlein. The final billionaire is Democratic Gov. J.B. Pritzker himself, who is extensively self-funding his campaign and has spent $4 million on ads mainly opposing Irvin. Lastly, venture capitalist Jesse Sullivan has spent $1.5 million on GOP primary ads.

● MI-Gov, MI-AG, MI-SoS: The general election portion of local pollster Target Insyght's recent survey for MIRS News finds statewide Democrats demolishing their GOP opponents by margins that simply look too good to be true. Democratic Gov. Gretchen Whitmer leads her five prospective Republican challengers by anywhere from 58-19 to 57-23, while Democratic state Attorney General Dana Nessel posts a similar 54-23 edge over Big Lie proponent Matthew DePerno and Democratic Secretary of State Jocelyn Benson likewise prevails 56-23 over election conspiracy theorist Kristina Karamo.

Every other poll released this cycle has so far found Whitmer at or below 50% with considerably more support for her Republican challengers than Target Insyght has, and even during the blue wave of 2018, she only earned 53% of the vote. Though voters in recent years have been more apt to split their tickets in state races despite historically high levels of polarization in federal elections, Whitmer and her fellow Democrats in swingy Michigan are still likely to face strong headwinds this November thanks to Joe Biden's weak approval ratings and traditional midterm patterns that favor the out-party. We're therefore extremely skeptical of these numbers unless confirmed elsewhere.

Meanwhile, in the August GOP primary, the state Court of Appeals ruled on Wednesday that self-funding businessman Perry Johnson cannot appear on the ballot after he and several other GOP candidates were disqualified from running last week due to fraudulent voter petition signatures. Johnson didn't indicate whether he would appeal further to the state Supreme Court, but the state is set to finalize its primary ballot on Friday. The courts have yet to rule on a similar appeal by former Detroit Police Chief James Craig, but given the similar arguments in Craig's lawsuit, his prospects look poor.

● MN-Gov, MN-02, MN-01: Candidate filing closed on Tuesday, and the state has a list of who is running here for the August primary. For governor, far-right state Sen. Scott Jensen managed to avoid a competitive primary after winning the state GOP convention's endorsement last month. While it's commonplace for candidates to agree to drop out before the primary after they lose at the convention, former state Senate Majority Leader Paul Gazelka and dermatologist Neil Shah didn't appear to have confirmed they would until they declined to file. Lastly, Hennepin County Sheriff Rich Stanek, who had said he was unable to attend the convention due to injuries from a car crash, also dropped out by not filing.

On the Democratic side, Gov. Tim Walz faces only token opposition in his quest for a second term. Walz also got potential good news when former radio host Cory Hepola, who had announced he was running as a Forward Party candidate earlier this year on a platform that appeared more likely to take votes from Democrats than Republicans, also didn't file.

Unfortunately for Democrats, candidates from each of two pro-marijuana third parties qualified to run for governor and in the 1st and 2nd Congressional Districts. However, the presence on the ballot of the Legal Marijuana Now Party and Grassroots - Legalize Cannabis Party has if anything had the opposite effect of their stated purpose by likely drawing votes disproportionately from the left, potentially depriving Democrats of enough support to cost them control of the state Senate in 2020 and let the narrow Republican majority block Democrats' legalization effort earlier this year.

Republicans themselves may have had a role in the pro-weed parties' success. Adam Weeks, who was Legal Marijuana Now' 2020 nominee in the 2nd District but died two months before Election Day, had told a friend in a voicemail recording that surfaced after his death that he'd been recruited by the GOP to run and "pull away votes" from Democratic Rep. Angie Craig to help GOP challenger Tyler Kistner. Although Craig won that contest by a 48-46 margin, that was a notable underperformance of Joe Biden's 52-46 victory in the district thanks in part to Weeks posthumously taking 6%.

Craig faces a rematch with Kistner this fall along with candidates from both cannabis parties, and Kistner himself released a mid-May poll from GOP firm Cygnal this week that showed him trailing Craig by a modest 43-38 margin, with Legal Marijuana Now Party candidate Paula Overby taking 4%.

In the 1st District, former Hormel CEO Jeff Ettinger faces little-known opponents in the regular Democratic primary after winning the nomination last month for the August special election to replace the late GOP Rep. Jim Hagedorn. However, on the GOP side, former Department of Agriculture official Brad Finstad will face a rematch with far-right state Rep. Jeremy Munson after the more establishment-aligned Finstad beat him just 38-37 in last month's special primary; former Freeborn County GOP chair Matt Benda also filed to run in the regular GOP primary after taking only 7% in last month's contest.

House

● FL-13: Rep. Charlie Crist has endorsed former Defense Department official Eric Lynn in the race to succeed him in Florida's 13th Congressional District. Lynn is the only notable Democrat still running after Republicans gerrymandered the district to make it considerably redder, such that Donald Trump would have carried it 53-46, compared to Joe Biden's 52-47 margin under the previous lines.

Meanwhile, nonprofit founder Audrey Henson just dropped out of the GOP primary to run for the state House instead, though several other Republicans are still in the mix. The remaining field includes attorneys Amanda Makki and Kevin Hayslett as well as businesswoman Anna Paulina Luna, who was the GOP's unsuccessful nominee in 2020.

● IL-06: Rep. Marie Newman copies Georgia Sen. Raphael Warnock's legendary ads featuring a pet beagle in a new spot attacking her opponent in next month's Democratic primary—right down to the starring breed of pooch. Walking a beagle of her own, Newman says that "unfortunately, you're going to hear a lot of sh*t about me from my opponent, Sean Casten" as her dog squats to do its business (the offending word is bleeped out). It's not clear what Newman might be referring to, however, as Casten has not aired any negative ads.

Calling herself a "lifelong progressive Democrat," Newman then castigates Casten for voting "for anti-choice Republicans like George Bush." (Casten cast his first vote in a presidential election for George H.W. Bush in 1992, when he was 20.) She also touts her rejection of "corporate money" while accusing Casten, a fellow member of Congress, of having "taken a million dollars from corporate PACs."

● MI-03: A new Public Policy Polling survey for Democrat Hillary Scholten finds her narrowly edging past Republican Rep. Peter Meijer 39-37 while leading conservative commentator John Gibbs, who has Donald Trump's endorsement, by a larger 44-35 margin. This is the first public poll of the race for Michigan's 3rd District, one of a handful of seats Democrats are hoping to flip in November.

● MN-03: In Minnesota's 3rd District, Democratic Rep. Dean Phillips and Navy veteran Tom Weiler, his Republican challenger, are the only candidates running here after businessman Mark Blaxill declined to continue on to the primary after losing to Weiler at the GOP convention.

● MN-04: Longtime Democratic Rep. Betty McCollum faces a primary challenge from the left by Saint Paul Department of Human Rights & Equal Economic Opportunity official Amane Badhasso, who has raised a competitive amount of money so far. A few other minor candidates are running in the Democratic and GOP primaries for this solidly blue seat.

● MN-05: Democratic Rep. Ilhan Omar, who is one of the most outspoken left-wing members of Congress, is running for a third term and faces a primary challenge from her right by former Minneapolis City Council member Don Samuels. Several other obscure candidates are running for both parties in this heavily Democratic district.

● NY-10: Former federal prosecutor Daniel Goldman, who served as House Democrats' lead counsel during Donald Trump's first impeachment, has joined the crowded primary for New York's open 10th District, a safely blue district in lower Manhattan and Brooklyn. Goldman briefly ran for state attorney general last year but dropped out after incumbent Tish James abandoned her bid for governor and decided to run for re-election instead.

● NY-12: The Working Families Party, a labor-backed party that has often played an important role in New York politics over the last two decades, has endorsed Democratic Rep. Jerry Nadler in his member-vs.-member primary against fellow Rep. Carolyn Maloney. The WFP's backing serves as a progressive seal of approval and could also yield key on-the-ground support for Nadler if unions decide to deploy their membership on his behalf.

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Morning Digest: We’re looking back on Harry Reid’s long and storied career on the campaign trail

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

● Deaths: Former Senate Majority Leader Harry Reid, who died Dec. 28 at the age of 82, is lying in state at the Capitol today. As his former colleagues honor his singular career, we've put together an obituary taking a look back at his long electoral history—a path that dealt Reid several setbacks on his way to the pinnacle of American politics.

Reid won elected office for the first time in 1968 when he took a seat in the Nevada state Assembly at the age of 28, and he made the jump to statewide office two years later when he was elected lieutenant governor. Reid’s career stalled, though, after he lost an extremely close 1974 Senate race to former Republican Gov. Paul Laxalt, and he hit his nadir the next year after he failed to win the mayor’s office in Las Vegas.

Of course, that was far from the end for Reid, who had several more competitive Senate races ahead of him beginning with his 1986 triumph in the open seat contest to succeed Laxalt. Reid went on to pull off an extremely tight 1998 win against his future GOP colleague, then-Rep. John Ensign, in a race that took over a month to resolve.

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The majority leader later looked like an all-but-inevitable loser ahead of his 2010 bid for a fifth term, but Reid, in the words of longtime Nevada political chronicler Jon Ralston, displayed a “Terminator-like single-mindedness, relentlessness and discipline turned preparation” that helped him upset former Assemblywoman Sharron Angle. We detail all those campaigns and more in our obituary.

Redistricting

● CT Redistricting: Stanford Law School professor Nathan Persily, the special master appointed by the Connecticut Supreme Court to assist it in drawing a new congressional map, has asked the state's deadlocked redistricting commission to try to reach a compromise once more. The panel failed to settle on a final map last month, despite receiving a three-week extension from the court, prompting the justices to take over the process and tap Persily to help them. Commissioners have until Wednesday at 12 PM ET to submit a new map "or at least report progress," per the CT Mirror, while Persily himself must furnish a map to the court by Jan. 18.

● NY Redistricting: As expected, New York lawmakers have rejected dueling sets of maps put forth by the state's bipartisan redistricting commission after the panel failed to agree on a single group of plans for Congress and the legislature. Because of that failure, legislators were under no obligation to consider the maps that the commission forwarded to them, one batch of which was produced by Republicans and the other by Democrats.

Commissioners have until Feb. 28 to take one more shot at reaching a deal, but such a deal looks unlikely. Even if they were to strike a compromise, though, legislative Democrats would still be able to override the commission thanks to their two-thirds supermajorities.

4Q Fundraising

  • NC-Sen: Cheri Beasley (D): $2.1 million raised, $2.8 million cash-on-hand
  • UT-Sen: Evan McMullin (I): $1 million raised
  • WA-Sen: Patty Murray (D-inc): $1.5 million raised, $7 million cash-on-hand
  • GA-Gov: Brian Kemp (R-inc): $7 million raised (between July 1 and Jan. 9), $12 million cash-on-hand
  • KS-Gov: Laura Kelly (D-inc): $2 million raised (in 2021), $1.9 million cash-on-hand; Derek Schmidt (R): $1.6 million raised (in 2021), $1.3 million cash-on-hand
  • MN-Gov: Tim Walz (D-inc): $3.6 million raised (in 2021), $3.6 million cash-on-hand; Paul Gazelka (R): $545,000 raised (since August)
  • NV-Gov: Joe Lombardo (R): $3.1 million raised (since late June)
  • SC-Gov: Henry McMaster (R-inc): $909,000 raised, $3 million cash-on-hand; Joe Cunningham (D): $343,000 raised, $422,000 cash-on-hand
  • IA-02: Ashley Hinson (R-inc): $809,000 raised, $1.6 million cash-on-hand
  • KY-06: Andy Barr (R-inc): $538,000, $1.9 million cash-on-hand
  • NE-01: Patty Pansing Brooks (D): $210,000 raised (in six weeks)
  • NY-24: Francis Conole (D): $202,000 raised, $280,000 cash-on-hand

Senate

● AZ-Sen: Ugh. Rich guy Jim Lamon is dropping a reported $1 million on a TV buy to air the first—but undoubtedly not the last—ad we've seen featuring a candidate bleat, "Let's go, Brandon!" If for some reason you have no idea what this is all about, consider yourself blessed. Meanwhile, the super PAC run by zillionaire Peter Thiel that's supporting another rich guy, Blake Masters, is spending another $1.1 million, per Politico, to run a new spot tying Masters to Donald Trump.

● NH-Sen: Londonderry Town Manager Kevin Smith resigned his post this week, saying that "it is my intent to formally announce my candidacy for the United States Senate in the not too distant future." Smith sought the GOP nod for governor in 2012 but lost badly in the primary.

● PA-Sen: George Bochetto, a longtime Republican attorney in Philadelphia who also served as state boxing commissioner from 1995 to 2002, has joined the packed May primary and says he'll self-fund $1 million.

Bochetto recently attracted attention when he aided Donald Trump's defense team in his second impeachment trial. In August, he persuaded a judge to stop Philadelphia's city government from removing a prominent Christopher Columbus statue. Bochetto is also the leader in a lawsuit alleging that Mayor Jim Kenney's executive order replacing Columbus Day with Indigenous Peoples' Day discriminates against Italian Americans.

Bochetto in the past 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.

Governors

● MA-Gov: Salem Mayor Kim Driscoll, who'd been mentioned as a possible Democratic candidate for governor, instead announced a bid for lieutenant governor on Tuesday. Candidates for governor and lieutenant governor run in separate primaries but run together on a single ticket in the general election.

● MI-Gov: The Glengariff Group's first survey of this year's contest, conducted on behalf of WDIV and the Detroit News, finds Democratic Gov. Gretchen Whitmer well ahead of four potential Republican foes:

49-39 vs. former Detroit Police Chief James Craig

50-33 vs. chiropractor Garrett Soldano

50-33 vs. businessman Kevin Rinke

50-31 vs. conservative radio host Tudor Dixon

Polling from reliable firms has been rare here so far. A Strategic National survey for Craig from all the way back in September found him trailing Whitmer 47-46 (Craig and Strategic National have since parted ways). An independent poll from EPIC-MRA for the Detroit Free Press released the previous month had Whitmer ahead of Craig by the same 44-45 spread, while no other matchups were tested.

● NY-Gov: Rep. Jerry Nadler, who as House Judiciary Committee chair is one of the most senior House Democrats from New York, has endorsed Gov. Kathy Hochul's bid for a full term. Two upstate representatives, Brian Higgins and Joe Morelle, previously backed Hochul.

● RI-Gov: Cranston Mayor Kenneth Hopkins said Tuesday that he's "forming an exploratory committee [to] possibly run for governor." Hopkins, who was first elected to his post in 2020, would be the most prominent Republican to enter the race to date should he decide to get in.

● WI-Gov: Former Gov. Tommy Thompson, who is resigning as interim president of the University of Wisconsin System in March, declined to rule out running for a fifth term as governor at the age of 80 in a new interview on Tuesday. "I'm not saying it's in the cards. But I'm physically and mentally capable of doing anything," insisted Thompson, who served as governor from 1987 to 2001 before stepping down to serve as George W. Bush's HHS secretary.

At a GOP debate in 2007 during his short-lived presidential campaign, Thompson had to apologize repeatedly after saying he thought employers should be allowed to fire gay workers, alternately blaming his response on needing to go to the bathroom and on a malfunctioning hearing aid. In 2012, Thompson ran for Senate but lost to Democratic Rep. Tammy Baldwin 51-46 after narrowly winning a bruising GOP primary with just 34% of the vote.

House

● CO-07: State Sen. Britney Pettersen became the first Democrat to kick off a bid for Colorado's open 7th Congressional District on Tuesday, a day after Rep. Ed Perlmutter announced his retirement. Pettersen sought this seat once before in 2017 when Perlmutter ran for governor, but after the congressman abandoned his bid and later decided to seek re-election, she dropped out of the primary (as did every other notable Democrat).

Pettersen is unlikely to be the last contender to emerge, though. The Denver Post mentions two other Democrats as possible candidates, state Rep. Chris Kennedy and Jefferson County Commissioner Andy Kerr, who also ran in 2017. Kerr did not respond to a request for comment from Colorado Politics.

● MN-03: Businessman Mark Blaxill, a former treasurer for the state GOP, announced a bid for Minnesota's 3rd Congressional District against Democratic Rep. Dean Phillips on Tuesday morning. He joins Navy veteran Tom Weiler in the Republican primary. Redistricting has yet to take place but will likely be handled by the courts due to a deadlock between the Republican-run state Senate and the Democratic-held state House.

● NJ-11: Lobbyist Rosemary Becchi, who was the GOP's nominee against Democratic Rep. Mikie Sherrill in 2020, has closed her campaign committee with the FEC, a likely signal that she does not intend to seek a rematch. While Becchi could of course form a new committee, the New Jersey Globe notes she still owes $6,000 to a fundraising consultant, who previously filed a claim over the unpaid debt. Democrats also made the 11th District considerably bluer in redistricting.

Morning Digest: Onetime ‘Boy Mayor’ Dennis Kucinich campaigns to reclaim office he lost in 1979

Posted on by Daily Kos Elections

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

Leading Off

● Cleveland, OH Mayor: Former Democratic Rep. Dennis Kucinich announced Monday that he'd run this year to regain his old job as mayor of Cleveland, the post that first catapulted him to fame more than four decades ago. Kucinich joins what's already a crowded September nonpartisan primary for a four-year term to succeed retiring incumbent Frank Jackson, who is this heavily blue city's longest-serving mayor; the top-two vote-getters will advance to the November general election.

Kucinich, who got his start in public office as a member of the City Council, was elected mayor in 1977 at the age of 31 in a close race, a victory that made him the youngest person to ever run a major American city. His accomplishment earned him national attention and the nickname "Boy Mayor," but his two years in office would prove to be extremely difficult.

Kucinich had a terrible relationship with the head of the City Council and the local business community, but his clash with Richard Hongisto, the city's popular police chief, proved to be especially costly. Hongisto accused the mayor's staff of pressuring the force to commit "unethical acts," which led Kucinich, who said the chief had failed to submit a report detailing his allegations, to fire him on live TV.

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Things got so bad that Kucinich, in response to death threats, wore a bulletproof vest to the Cleveland Indians' 1978 opening game. He left the event safely, though he would recount, "When they called my name, I got a standing boo from about 75,000 people." Kucinich's opponents also saw their chance to end his term early by waging a recall campaign against him that year. Almost every influential group in the city backed his ouster, but the incumbent held on by 236 votes.

Kucinich's troubles were hardly over, though. In late 1978, after an ulcer prevented him from making a planned appearance at a parade, he learned that the local mob planned to murder him at the event. He also more recently divulged that he knows of two other attempts on his life during his tenure.

Near the end of that year, Kucinich refused recommendations to sell the publicly-owned Municipal Light (also known as Muny Light) power company to Cleveland Electric Illuminating Company (CEI) in order to help the city pay its debts. Cleveland soon became the first major American city to default since the Great Depression, but the mayor defended his decision by arguing that the sale would have given CEI a monopoly that would drive up electricity rates.

Kucinich persuaded voters in the following year's referendums to raise income taxes and to keep Muny city owned, but he wasn't so effective at advocating for himself. Cleveland mayors at the time were up for re-election every two years, and the incumbent lost his bid for a second term by a 56-44 margin to Lt. Gov. George Voinovich, a Republican who would go on to be elected governor and U.S. senator.

That wide defeat was far from the end of Kucinich's time in politics, though. After losing a close primary for secretary of state to future-Sen. Sherrod Brown in 1982, he rebounded by regaining a seat on the City Council the next year. He went on to get elected to the state Senate before winning a seat in the U.S. House in 1996 on the fifth such attempt of his career.

Kucinich used his perch in Congress to wage two presidential runs in 2004 and 2008; while neither came close to succeeding, the campaigns, as well as his vote against the Iraq War, helped Kucinich gain a small but vocal following with progressives nationally. He had problems at home in 2012, though, when redistricting placed him in the same seat as fellow Democratic Rep. Marcy Kaptur. After flirting with running for the House in other states, including Washington, Kucinich stuck it out in Ohio and lost the primary 56-40.

While Kucinich portrayed himself as a progressive hero during his time in D.C., he went on to use his subsequent job as a Fox commentator to defend none other than Donald Trump. He spent early 2017 praising Trump's inauguration speech (you know, the "American carnage" one), arguing that U.S. intelligence agencies forced Michael Flynn to resign as Trump's national security advisor, and agreeing with Sean Hannity that the "deep state" was out to get Trump. Kucinich also repeatedly met with and defended Syria's murderous dictator Bashar al-Assad.

Kucinich tried to make another return to office in 2018 when he competed in the Democratic primary for governor against establishment favorite Richard Cordray. During that campaign, Kucinich announced he was returning $20,000 in speaking fees from the pro-Assad Syria Solidarity Movement that he had previously failed to disclose on financial forms.

While Kucinich had praised that organization the prior week as a "civil rights advocacy group," he now insisted that he hadn't known what it really stood for; he also very belatedly denounced the Assad regime's "repressive practices." Cordray ended up winning the primary 62-23, but Kucinich narrowly carried Cleveland.

That brings us to 2021, where the 74-year-old onetime "Boy Mayor" is hoping to become his city's oldest leader. Kucinich used his campaign kickoff to focus on concerns like crime, police accountability, and poverty, but the fate of Cleveland's public utility will also likely be a big issue in his comeback campaign.

In the months before his launch, Kucinich released a memoir focused on his successful battle to prevent Muny Light, which is now known as Cleveland Public Power, from being privatized in the late 1970s. The future of the utility, which is still owned by the city, is likely to come up on the campaign trail: Last year, Kucinich argued that the city is doing a poor job overseeing Cleveland Public Power, declaring, "When money is being lost, or the rates keep going up, that means something is wrong."

Cleveland.com also notes that his longtime antagonist CEI, which remains Cleveland Public Power's main competitor, could also be a factor in this race. CEI's parent company, FirstEnergy, is currently at the center of a high-profile scandal over an alleged $60 million bribery scheme involving then-state House Speaker Larry Householder.

Kucinich will face several other high-profile contenders in the September nonpartisan primary. The only other major white candidate in this majority-Black city is City Council President Kevin Kelley, who also hails from the West Side: Last month, Cleveland.com's Seth Richardson suggested that the two would end up "going after each other's base of supporters," which could prevent either of them from advancing to the general election.

The field also includes four serious Black contenders: Councilman Basheer Jones; former Councilman Zack Reed, who lost to Jackson in 2017; state Sen. Sandra Williams; and nonprofit executive Justin Bibb. The filing deadline is Wednesday, so it would be a surprise if another notable contender runs at this point.

Senate

● PA-Sen, PA-04: Democratic Rep. Madeleine Dean announced on Tuesday that she would not run for Pennsylvania's open Senate seat next year and will instead seek re-election. Dean's name came up as a possible contender earlier this year after she served as one of the House managers for Donald Trump's second impeachment trial, but she never spoke about her interest publicly.

Governors

● IA-Gov, IA-Sen: State Rep. Ras Smith kicked off a bid for Iowa's governorship on Tuesday, giving Democrats their first notable candidate in next year's race against Republican Gov. Kim Reynolds. Smith, who at 33 is the youngest of the state's six Black lawmakers, has been a vocal advocate for racial justice and spearheaded a bill to bring greater accountability to the police that passed the legislature unanimously last year in the wake of George Floyd's murder.

Smith had also weighed a run for the Senate but always sounded more likely to seek state office, saying in April that "it's hard to see myself living anywhere where I can't throw my dog in the back of the truck, my shotgun and a box of shells and drive 20 minutes in any direction and do some pheasant hunting or some turkey hunting."

A number of other prominent Democrats are also still considering the governor's race, though, including Rep. Cindy Axne, 2018 secretary of state nominee Deidre DeJear, and state Auditor Rob Sand. Reynolds, meanwhile, hasn't officially kicked off her re-election campaign, but earlier this month she said she would "make a formal announcement later."

● NM-Gov: Retired Army National Guard Brig. Gen. Greg Zanetti has launched a bid against Democratic Gov. Michelle Lujan Grisham, making him the second notable Republican in the race. Zanetti unsuccessfully sought his party's nod for lieutenant governor all the way back in 1994, then ran an abortive campaign for governor in 2009, dropping out after just a few months. He's also served as Bernalillo County GOP chair twice and, in his day job as an investment advisor, has regularly appeared on local radio to offer financial advice.

Already in the race for Republicans is Sandoval County Commissioner Jay Brock, though several other notable candidates are still considering, including state GOP chair (and former Rep.) Steve Pearce.

House

● FL-13: Air Force veteran Anna Paulina Luna, who was the GOP's nominee for Florida's 13th Congressional District in 2020 and is running again this cycle, has received a temporary restraining order against a fellow candidate, Will Braddock, claiming that Braddock and two other potential rivals, Matt Tito and Amanda Makki, were conspiring to murder her to prevent her from winning next year's election. Braddock responded by saying, "This woman is off her rocker," Makki (who lost to Luna in last year's primary) called the claims "nonsense," and Tito said he was talking to a lawyer about pursuing a possible defamation suit. A hearing on whether to continue the restraining order is scheduled for June 22.

● IA-01: Democratic state Sen. Liz Mathis says she's "seriously considering" a bid against freshman Republican Rep. Ashley Hinson in Iowa's 1st Congressional District and will make an announcement in "late July." Mathis first won office in a key special election in 2011, after Democrat Swati Dandekar accepted an appointment from Terry Branstad, the Republican governor at the time, that threatened Democrats' narrow 26-24 majority in the Senate. She's since won re-election twice, by double digits both times.

KWWL's Ron Steele also notes that, were Mathis to run, it could set up a race between two former TV news personalities. Mathis began her career as a news anchor alongside Steele at KWWL in 1980, then later worked at KCRG, both of which are in Cedar Rapids, before retiring from broadcasting in 2007. Hinson also worked at KCRG for a decade as a reporter prior to her election to the state House in 2017.

● SC-07: Despite forming what he called an exploratory committee in January, state Rep. William Bailey announced this week that he would not challenge Rep. Tom Rice in next year's Republican primary and would instead seek re-election. Bailey explained his decision by saying that "we clearly have a number of strong conservatives that most likely will jump into the race and challenge Rice," who enraged Republicans when he voted to impeach Donald Trump in January.

Two notable candidates are in fact running, Horry County School Board chair Ken Richardson and former Myrtle Beach Mayor Mark McBride, while several others are still considering. South Carolina requires a runoff if no candidate takes a majority in the primary.

● TX-06: Ted Cruz has endorsed conservative activist Susan Wright in the all-Republican special election runoff for Texas' 6th Congressional District that'll take place on July 27. Prior to the first round of voting on May 1, Cruz had attacked Wright's opponent, state Rep. Jake Ellzey, for his "financial support from never-Trumpers, openness to amnesty, and opposition to school choice."

Mayors

● New York City, NY Mayor: Data for Progress has released a survey of next week's instant runoff Democratic primary that finds Brooklyn Borough President Eric Adams leading attorney Maya Wiley 26-20, with 2020 presidential candidate Andrew Yang and former city Sanitation Commissioner Kathryn Garcia at 16% and 14%, respectively. That's a huge shift from two months ago, when DFP had Yang leading Adams 26-13.

DFP made it clear as it was releasing this latest poll that it hopes Wiley, who has picked up a number of endorsements from high-profile progressives in recent days, will stop the more moderate Adams. Data for Progress Political Director Marcela Mulholland released a statement saying, "In close second, Wiley has a window of opportunity to bring together a winning coalition ahead of next Tuesday — and block Eric Adams, a veritable Republican who's looking out for the NYPD and corporate interests instead of working New Yorkers, from becoming Mayor."  

The only other poll we've seen that was conducted in June was a Marist College survey that had Adams leading with a similar 24%, though it showed Garcia in second with 17%. Marist found Wiley a close third with 15% while Yang, who was the frontrunner in early polls, was in fourth with just 13%.

Yang is hoping to regain his footing, though, with a new spot that labels Adams "a conservative Republican." This commercial, just like a recent negative ad from Yang's allies at Future Forward PAC, does not mention any of the other mayoral candidates.

Prosecutors

● Manhattan, NY District Attorney: Data for Progress has released a survey of next week's rarely-polled Democratic primary that shows two former prosecutors, Alvin Bragg and Tali Farhadian Weinstein, deadlocked at 26% apiece; a third ex-prosecutor, Lucy Lang, is a distant third with 8%.

DFP is using this data to explicitly argue that progressives "have an obligation to consolidate" behind Bragg, calling him "the only progressive positioned to beat Farhadian Weinstein." The winner of the primary—where only a plurality is necessary—should have no trouble prevailing in the general election to succeed retiring incumbent Cyrus Vance as head of what's arguably the most prominent local prosecutor's office in America.

All of the contenders except for Liz Crotty, a self-described centrist who takes just 5% in this poll, have pitched themselves as progressives who will bring much-needed changes to the post, though the three contenders who have never been prosecutors—attorney Tahanie Aboushi, public defender Eliza Orlins, and Assemblyman Dan Quart—have portrayed themselves as the most aggressive reformers. Bragg, Farhadian Weinstein, Lang, and yet another former prosecutor, Diana Florence, have all, in the words of the New York Times' Jonah Bromwich, "pitched themselves as occupying a middle ground, focused on less sweeping changes."

There are some notable differences, though, between Bragg and Farhadian Weinstein, who have been the top fundraisers in this contest. Ideologically, Bragg has generally staked out territory to the left of Farhadian Weinstein (who only registered as a Democrat in 2017), including on issues like the decriminalization of sex work and the imposition of long sentences.

And while Bragg, who previously worked as the chief deputy state attorney general, has bragged about suing Donald Trump "more than a hundred times," the Times reported earlier this month that Farhadian Weinstein met with Trump administration officials in 2017 about a potential judicial appointment. The paper, citing an unnamed source, writes that the discussion "became heated during a disagreement over constitutional law" and did not advance further.

Farhadian Weinstein's detractors have also taken issue with her connection to the financial industry. The Wall Street Journal reported that more than half of the candidate's fundraising from earlier this year "came from four dozen donors, many of whom work in the financial sector." Farhadian Weinstein, who is married to wealthy hedge fund manager Boaz Weinstein, also recently self-funded $8.2 million for her campaign, an amount that utterly dwarfs what everyone else has raised or spent combined.

Though Bragg doesn't have the resources of Farhadian Weinstein, he does have some important backers, including three of the city's most politically influential unions, as well as the endorsement of the Times, which often carries uncommon weight in local races.

As Bromwich has noted, every contender save Quart would achieve a historic first should they prevail. Six of the candidates would be the first woman to win this office, while Aboushi would additionally be the first Muslim or Arab American to hold the post. Bragg, meanwhile, would be Manhattan's first Black district attorney.

Other Races

● New York City, NY Comptroller: Data for Progress has also released a poll of next week's Democratic primary for city comptroller, a post that has plenty of influence over the nation's largest city, that finds City Council Speaker Corey Johnson and City Councilman Brad Lander in a 23-23 tie; Michelle Caruso-Cabrera, a former CNBC anchor who badly lost a challenge from the right to Rep. Alexandria Ocasio-Cortez in last year's primary, is in third with 10%.

DFP, which did not mention a rooting interest for any of the candidates, did not try to simulate the instant runoff process, though it did find that more voters preferred Johnson to Lander as their second or third choice. The winner will be the heavy favorite to hold an office that Democrats have controlled since 1946.

Johnson, who would be the first gay person elected citywide, was universally expected to run for mayor until he announced last September that he'd skip the contest in order to focus on his mental health. He ended up launching his campaign for comptroller in March, though, saying, "Where I was in September is not where I am today," and he's since earned endorsements from all of the city's major unions, as well as Reps. Carolyn Maloney and Richie Torres. Johnson, who entered the race with money he'd stockpiled for his planned mayoral bid, has also enjoyed a small fundraising advantage over Lander.

Lander, meanwhile, has the backing of several high-profile progressives, including AOC, fellow Rep. Jamaal Bowman, and Public Advocate Jumaane Williams, as well as the Working Families Party. Lander enjoys the backing of longtime Reps. Jerry Nadler and Nydia Velazquez, and the New York Times is also in his corner.

In addition to Johnson, Lander, and Caruso-Cabrera, the field includes state Sen. Brian Benjamin; Marine veteran Zach Iscol; state Sen. Kevin Parker; financial advisor Reshma Patel; and Assemblyman David Weprin, who unsuccessfully ran to succeed the disgraced Anthony Weiner in the 2011 special election for what was numbered the 9th Congressional District at the time. All of these contenders have qualified for at least $1 million in public financing, though they've each fallen well short of Johnson and Lander.

The comptroller's job is an influential post, though its duties are often not well understood. Among other things, the office is responsible for reviewing contracts, auditing and overseeing city agencies, and "[e]nsuring transparency and accountability in setting prevailing wage and vigorously enforcing prevailing wage and living wage laws." The comptroller is also one of only a trio of citywide elected offices: The other is public advocate, where Democratic incumbent Jumaane Williams doesn't face any serious opposition for re-election this year.

What the comptroller's post hasn't been, though, is a good springboard to the mayor's office. The last person to successfully make the jump was Democrat Abe Beame, who was elected mayor in 1973 on his second try and lost renomination four years later. Since then four other comptrollers have unsuccessfully campaigned for the city's top job, and it looks like that streak will continue this year: Comptroller Scott Stringer once looked like a formidable candidate for mayor, but he lost several major endorsements after two women accused him of sexual harassment.

The most important accomplishment of impeaching Trump was its impact on Joe Biden

Posted on by Ian Reifowitz

Impeaching The Man Who Lost The Popular Vote was incredibly important, and not only because it was the right thing to do. Yes, he committed crimes and abused the power of his office, and yes he deserved to be impeached and removed from that office—the record of every Republican Senator other than Mitt Romney will be forever stained by their votes to acquit. History will remember their cowardice.

Beyond the morality, impeachment has had a clear, long-lasting political benefit, one that will pay dividends for Vice President Joe Biden this November. Thanks to impeachment, everyone knows that the charges Trump leveled against Joe and Hunter Biden on Ukraine—the ones he tried to blackmail that country’s president into investigating, or least announcing an intention to investigate—are utter malarkey.

Trump always feared running against Biden, and he acted corruptly in a failed bid to get enough dirt to derail the former VP’s quest to win the Democratic nomination. The impeachment process shone a bright light on Trump’s actions, and on his lies about Biden, ensuring that the smear campaign ultimately backfired.

Since the end of the impeachment trial, Trump and his minions have continued to bleat on with their completely invented and thoroughly debunked stories about the Bidens. I won’t dignify them by repeating the specifics here. Recently, Iowa Republican Senator Chuck Grassley and Wisconsin Republican Senator Ron Johnson, who heads the Homeland Security and Governmental Affairs Committee, have been “investigating”—i.e., trying to keep the story in the media—this bullshit.

Never mind that by falsely smearing Biden over Ukraine, Johnson and his fellow Republican senators are all but doing the work of Vladimir Putin for him, as this Associated Press article explained. 

But the stark warning that Russia is working to denigrate the Democratic presidential candidate adds to questions about the probe by Johnson’s Senate committee and whether it is mimicking, even indirectly, Russian efforts and amplifying its propaganda.

The investigation is unfolding as the country, months removed from an impeachment case that had centered on Ukraine, is dealing with a pandemic and confronting the issue of racial injustice. Yet allegations about Biden and Ukraine remain a popular topic in conservative circles, pushed by Russian media and addressed regularly by President Donald Trump and other Republicans as a potential path toward energizing his supporters.

[...] “Particularly as a public official and somebody who’s responsible for keeping the country safe, you should always be suspicious of narratives that are trying to sort of damage or target the electoral process in your country,” said former CIA officer Cindy Otis, a foreign disinformation expert and vice president of analysis at Alethea Group. “You should always be suspicious of narratives that foreign countries are pumping out.”

As Daily Kos’ Kerry Eleveld pointed out, Johnson even admitted that his so-called probe would “would certainly help Donald Trump win reelection and certainly be pretty good, I would say, evidence about not voting for Vice President Biden.” It amazing; these Republicans always manage to say the quiet part out loud, which I guess is helpful. Nevertheless, to paraphrase what Otter said to his nemesis (and professional Republican, according to the character futures provided) Gregg Marmalard in Animal House, “Gee, you’re dumb.”

YouTube Video

Then the Orange Julius Caesar himself got into the act. On August 16 he retweeted material that our own intelligence agencies had previously identified as Russian disinformation—part of its effort to directly influence the presidential election by “denigrating” Biden. As CNN put it: “By retweeting material that the US government has already labeled as propaganda -- and doing so with the 2020 Democratic National Convention kicking off on Monday -- Trump demonstrated once again that he is willing to capitalize on foreign election meddling for his own political gain.” Here’s Virginia Democratic Senator Mark Warner:

The President of the United States should never be a willing mouthpiece for Russian propaganda. https://t.co/9y6L6uMKbM

— Mark Warner (@MarkWarner) August 17, 2020

Then came the four-day marathon of lies known as the Republican National Convention. Former Florida (where else?) Attorney General Pam Bondi went before a national audience and, once again, did Putin’s bidding by lying about the Bidens and Ukraine. The truth? When Joe Biden sought the removal of Ukrainian prosecutor Viktor Shukin he did so, as Greg Sargent of the Washington Post noted, “because the prosecutor was corrupt.” Sargent added some more important facts: “This was U.S. policy, backed by international institutions. GOP senators had no problem with it in real time. As The Post’s fact-checking team puts it, Bondi’s story is ‘fiction,’ and in reality, Joe Biden ‘was thwarting corruption, not abetting it.’” Bondi told some other lies about Hunter Biden, which the WaPo fact-checking team also debunked. 

When these latter day Marmalards now issue their breathtaking press releases or repeat Russian disinformation about the Bidens and Ukraine, the media—thus far at least—has been taking them for what they are: Utter horseshit. I won’t say the media has learned their lesson, but unlike 2016, when “but her emails” was literally the most reported story of the campaign, this year everyone who isn’t directly sucking at the Trump teat is treating these debunked charges with the (lack of) seriousness they deserve. 

For that, we can thank the impeachment of Donald Trump, which exposed the lies against the Bidens for what they are. The impeachment process inoculated the media and the American public by preparing them for what Trump is now trying to pull on this matter. So thank you Nancy Pelosi, thank you Adam Schiff, thank you Val Demings, thank you Jerry Nadler, and thanks to the rest of the Democratic impeachment team. I’m sure Joe Biden is thanking you as well.

Ian Reifowitz is the author of The Tribalization of Politics: How Rush Limbaugh's Race-Baiting Rhetoric on the Obama Presidency Paved the Way for Trump (Foreword by Markos Moulitsas)