Watch Fox gush over Biden’s economy

News that the U.S. economy grew at a brisk 3.3% annual pace since October wasn't just good: It was great in a lot of ways.

On average, the economy grew a robust 2.5% in 2023—a year in which analysts practically tried to speak a recession into reality. No such luck. In fact, from the fourth quarter of 2022 to the fourth quarter of 2023, the economy grew 3.1%.

The combination of increasing consumption, low unemployment, and falling inflation even had a Fox Business reporter gushing over President Joe Biden's economy.

"It's a sweet spot," remarked Fox Business' Lauren Simonetti, calling consumption "formidable" over the holidays. "We're seeing an economy that is proving resilient—growing as inflation is moderating. That's why I'm calling this the sweet spot, right? Enough growth to cool inflation."

Thank you Dark Brandon! pic.twitter.com/yyE0k4ntWn

— Aaron Rupar (@atrupar) January 25, 2024

The New York Times' Paul Krugman likewise dubbed it the "Goldilocks economy," neither too hot nor too cold. And Krugman predicts the country's inflationary woes are now over.

In other words, it continues to look as though the Biden administration is overseeing a "soft landing" for the economy—one that supposedly couldn't be achieved.

Indeed, the University of Michigan's survey of consumer sentiment surged to a reading of 78.8 in January, its highest level since July 2021 and a 21.4% increase from a year ago, according to CNBC. A big driver of that increase stems from consumers’ agreement with Krugman that inflation "has turned the corner," as survey director Joanne Hsu put it.

All of this good news is going to drive an already seething Donald Trump absolutely mad—particularly Fox Business analysts swooning over Biden's economy. The same Fox analyst also promised to scour the report "to see if there are signs that maybe the economy doesn't feel as, or isn't as resilient as it might seem."

Shorter Fox-speak: Stay tuned, Trump. We'll invent bad news one way or another!

For anyone who hasn't noticed, Trump is already getting increasingly erratic on his quest to fabricate bad news for Biden:

  • He's livid over his Republican rival Nikki Haley refusing to drop out of the GOP primary after New Hampshire.

  • He’s strong-arming the Republican National Committee into declaring him the nominee after a grand total of two state contests.

  • He's asking Senate Republicans to torpedo a potential border deal with the White House so he can spend the rest of year fear-mongering over a supposed "invasion" of immigrants spearheaded by Biden.

  • He's pushing House Republicans to impeach Biden so he can rail about Biden's supposed corruption.

  • He's rooting for an economic "crash," hopefully sometime very soon.

  • He's promising "bedlam" in the streets of America if he loses the election (a chaos candidate promising chaos if The People vote against chaos).

  • And he's agitating for full immunity from absolutely any action—including murder—he takes as president.

It's January, folks, and Trump is already coming off the rails despite the fact that he's basically cruising to the Republican nomination.

It's a palpable show of desperation sprung from a place of weakness. Trump knows New Hampshire and Iowa both exposed serious cracks in his general election voting coalition. The turnout and makeup of the electorate in both states suggests he isn't expanding the universe of Republican voters. He's simply culling the party down to a smaller, harder-right faction of the electorate.

In short, Trump's not adding, he's subtracting. And if he's going to ride that smaller slice of the electorate to victory, he's going to need to trash the country in every way possible in order to depress turnout for Biden.

That’s all fine by Trump because the main impetus of his every move is the sheer terror of spending his last living years in a jail cell. If he has to single-handedly unravel the country on his quest for freedom, so be it.

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Democrats are blowing up House GOP efforts to take down Biden

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Trump allies ridicule GOP impeachment inquiry for failing to find dirt on Biden

As he closes in on the Republican nomination, Donald Trump needs House Republicans to deliver an equalizer for him in the general election: an impeachment of President Joe Biden.

But after a yearlong investigation led by the House oversight committee chair, Rep. James Comer, Republicans seem no closer to digging up any actionable dirt on Biden. That leads to two conclusions:

  1. If the pro-Trump House GOP conference hasn't found anything on Biden, it's unlikely anything legally actionable exists.

  2. It becomes even more imperative for House Republicans to scrape together something Trump can work with.

After all, when pundits call him the twice-impeached, four-time indictee, Trump has to be able to point at Biden and say he's the one who's really corrupt. Just look at what Congress found on him. It's very reminiscent of Trump attempting to extort Ukrainian President Volodymyr Zelenskyy into opening a bogus investigation into Biden. Only now, Trump has so many legal liabilities, he needs more than just the specter of wrongdoing—he needs the goods. And according to some fascinating reporting from The Messenger's Stephen Neukam, Trump has taken note of the fact that he's currently got nothing on which to spin a corruption narrative.

“Comer has cast a wide net and caught very little fish. That is a big problem for him,” one ally of Trump told The Messenger.

The reporting is informed by more than a dozen anonymous interviews, including a House Republican colleague who calls Comer's inquiry a "parade of embarrassments."

“One would be hard pressed to find the best moment for James Comer in the Oversight Committee,” the GOP lawmaker said.

But in many ways, the leaks seem specifically designed to put Comer on notice that he not only needs to produce, but he'll be singularly on the hook if he doesn't.

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

“I don’t know how Republicans actually impeach the president based on [Comer's] clueless investigation and lack of leadership,” said the source.

The quotes had the feel of a failed campaign staff pointing fingers at each other as the ship goes down, only the campaign in this case is the Republican effort to impeach Biden.

Publicly, of course, House leaders are expressing full confidence in Comer.

"I am grateful for the superb efforts of Chairman Comer," Speaker Mike Johnson said in a statement, while House Majority Leader Steve Scalise said Comer had "worked tirelessly" on the investigation.

But Comer's misfires have become legendary: providing nothing substantive, just a series of accusations and innuendo that don't amount to a hill of beans. In fact, Comer's investigation has become a punch line in the media. As Daily Kos' Mark Sumner wrote in November, Comer had uncovered another "smoking water pistol."

In fact, just last month, CNN's Jake Tapper mocked Comer during a live interview.

Watch only Jake Tapper for the entire 45 seconds of this ridiculous interview with James Comer Pyle. The facial expressions are classic. The GOP deemed THIS guy as their best person to get Joe and Hunter Biden. Republicans embarrass the U.S. daily.pic.twitter.com/eR0jN5odc5

— BigBlueWaveUSA® 🇺🇸🌊🇺🇦 (@BigBlueWaveUSA) December 8, 2023

And when the oversight committee met earlier this month to debate holding Hunter Biden in contempt for refusing to give closed-door testimony, the younger Biden made a laughingstock of House Republicans by staging a surprise press conference in which he volunteered to provide public testimony.

“It seems like they got played by Hunter Biden,” a senior House GOP aide told The Messenger. “It was a disaster. They looked like buffoons.”

To sum up, the boss needs production, Comer has become a national joke, and the House leadership is happily hanging him out to dry.

In response, Comer issued a statement through a spokesperson saying that oversight, along with the Judiciary and Ways and Means committees, are coordinating to "determine whether President Biden's conduct warrants articles of impeachment."

Yeah, that's not gonna cut it.

"You have to start producing," one Trump ally said. "The base is starting to get more and more frustrated with him because they see all this smoke but they don’t see the movement.”

If that sounds like a mob-boss threat, that’s because it is.

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Despite Trump’s current laughable lawyers, his DOJ could be staffed with skilled radicals

Attorney Alina Habba has been widely mocked for her courtroom blunders and behavior as she defends Donald Trump in the business fraud lawsuit brought by New York Attorney General Letitia James and in E. Jean Carroll’s second defamation trial against the accused rapist.

Former federal prosecutor Ron Filipkowski, who is now editor in chief of the liberal Meidas Touch, had this post on X, formerly known as Twitter:

I’m gonna say you can watch My Cousin Vinny and Legally Blonde back-to-back and you’d be ready to do a better trial than Habba.

— Ron Filipkowski (@RonFilipkowski) January 18, 2024

And “Late Show” host Stephen Colbert said in a monologue earlier this month, “Habba is, to use a bit of legalese, a bad lawyer,” HuffPost reported. He then played a clip from a podcast interview in which Habba, a former fashion executive, said she’d “rather be pretty than smart.” She then added she “can fake being smart.” 

But as Trump has become the first candidate to run a presidential campaign out of a courtroom, Habba has taken on a prominent role in MAGA world by playing the Trump victimization card in numerous interviews on courthouse steps, on Fox News, and other conservative news outlets.

RELATED STORY: How the next Trump-inspired insurrection could unfold and how the administration could respond

And while Trump’s immunity claims may seem a joke, there’s nothing funny regarding the attorney who handled Trump’s appeal seeking immunity from charges brought by special counsel Jack Smith that he conspired to overturn the 2020 presidential election results. The three-judge panel on the U.S. Court of Appeals for the District of Columbia is widely expected to reject Trump’s immunity claim.

As Trump sat watching in the courtroom, his attorney, D. John Sauer, in response to questioning from the judges, suggested that even a president directing SEAL Team 6 to kill a political rival would be an action barred from criminal prosecution unless the president was first impeached by the House and convicted by the Senate.

Mother Jones wrote that “it’s hard to overstate the terrifying absurdity of the argument.” But in  social media posts, candidate Trump has argued that presidents deserve complete immunity from prosecution even for acts that “cross the line.” The Atlantic wrote that “Today’s legal argument could very well be next year’s exercise of presidential power.”

Former Labor Secretary Robert Reich went even further, stating that “Sauer was arguing for the equivalent of the 1933 Enabling Law in Germany,” which facilitated Adolf Hitler’s success in moving the country from democracy to fascism. That law—approved by the German Parliament in March 1933—gave the new chancellor, Hitler, the power to enact new laws without interference from the president or the parliament for four years.

What’s scary is that unlike Habba, Sauer has a blue-chip legal background. He was a Rhodes scholar and a magna cum laude graduate of Harvard Law School. He served as a law clerk to federal appellate court Judge J. Michael Luttig and Supreme Court Justice Antonin Scalia.

In 2017, then-Missouri Attorney General Josh Hawley appointed Sauer to serve as the state’s solicitor general and he continued to serve in that post under Hawley’s successor, Eric Schmitt, who also was elected to the U.S. Senate. The New York Times wrote:

As Missouri’s solicitor general, Mr. Sauer took part in a last-ditch effort to keep Mr. Trump in power after his defeat in the 2020 election, filing a motion on behalf of his state and five others in support of an attempt by Texas to have the Supreme Court toss out the results of the vote count in several key swing states.

He also joined in an unsuccessful bid with Texas in asking the Supreme Court to stop the Biden administration from rescinding a Trump-era immigration program that forces certain asylum seekers arriving at the southwestern border to await approval in Mexico.

Sauer left the solicitor general’s post in January 2023. He served as a special assistant attorney general for Louisiana’s Department of Justice in a First Amendment lawsuit against Biden administration officials over their contacts with social media platforms about “misinformation.” 

So could Sauer be another politically ambitious conservative lawyer with an Ivy League law degree looking to make an impression on Trump in hopes of securing a top position at the Department of Justice in a second Trump administration? It’s hard to know for sure, as Sauer keeps a low public profile outside the courtroom and shuns media interviews. But it sounds like he would fit right in, according to a November New York Times article on the subject:

Close allies of Donald J. Trump are preparing to populate a new administration with a more aggressive breed of right-wing lawyer, dispensing with traditional conservatives who they believe stymied his agenda in his first term.

The allies have been drawing up lists of lawyers they view as ideologically and temperamentally suited to serve in a second Trump administration. Their aim is to reduce the chances that politically appointed lawyers would frustrate a more radical White House agenda — as they sometimes did when Mr. Trump was in office, by raising objections to his desires for certain harsher immigration policies or for greater personal control over the Justice Department, among others.

The Times said Trump has even become disenchanted with the Federalist Society, the conservative legal network whose members filled key executive branch legal positions when he was last in office. Trump was particularly enraged at White House and Justice Department legal officials who blocked his efforts to overturn the 2020 election.

John Mitnick, who was fired by Trump as general counsel of the Homeland Security Department in 2019, told the Times that “no qualified attorneys with integrity will have any desire to serve as political appointees” in a second Trump term.

The Guardian reported that Trump’s former senior adviser Stephen Miller, known for his draconian immigration policy, “is playing a key role in seeking lawyers fully in sync with Trump’s radical agenda to expand his power and curb some major agencies.” The Guardian wrote:

His search is for those with unswerving loyalty to Trump, who could back Trump’s increasingly authoritarian talk about plans to “weaponize” the DoJ against critics, including some he has labeled as “vermin.”

Miller, who is not a lawyer, is president of the MAGA-allied group America First Legal, which has been filing lawsuits against the Biden administration. Miller also sits on the board of Project 2025, an effort led by the Heritage Foundation and other conservative groups to map authoritarian policy plans for a second Trump administration.

And that brings us to who Trump might choose for attorney general if he makes his way back to the Oval Office. Back in November, former Rep. Adam Kinzinger, a member of the House Jan. 6 Select Committee, warned in an episode of The Bulwark podcast:

“If he does get through and he wins this time, he's going to interview 100 candidates for attorney general and only take the one that says, 'Mr. President, in essence, I don't care what the Constitution is. I'm going to do whatever you want as your servant at the Department of Justice.'"

And the scary thing is that there is one lawyer who is media savvy, has a blue-chip legal resume, and is a total right-wing monster. His name is Mike Davis.

Tim Miller, a former Republican National Committee spokesperson and Never Trumper, wrote about an interview Davis gave to conservative political commentator Benny Johnson in which Davis discussed what he would do if he were “acting attorney general” for a few weeks in a new Trump term:

But during my three week reign of terror as Trump acting attorney general, before I get chased out of town with my Trump pardon, I will rain hell on Washington, D.C. ... I have five lists, ready to go and they’re growing.

List number one, we’re gonna fire. We’re gonna fire a lot of people in the executive branch, in the deep state.

Number two, we’re gonna indict. We’re gonna indict Joe Biden and Hunter Biden and James Biden and every other scumball, sleazeball, Biden, except for the five year old granddaughter who they refused to acknowledge for five years until the political pressure got to Joe Biden.

Number three, we’re gonna deport. We’re gonna deport a lot of people, 10 million people and growing—anchor babies, their parents, their grandparents. We’re gonna put kids in cages. It’s gonna be glorious. We’re gonna detain a lot of people in the D.C. gulag and Gitmo.

And list number five, I’m gonna recommend a lot of pardons. Every January 6th defendant is gonna get a pardon, especially my hero horn man. He is definitely at the top of the pardon list.

“This is almost comically pathetic chest-beating of a creepy dork,” says Hayes on far-right lawyer Mike Davis. “But again the history of fascism is full of creepy dorks who…used the power of the state to execute their most despicable, violent fantasies.”pic.twitter.com/dRRVhsRKCw

— IT’S TIME FOR JUSTICE (@LiddleSavages) November 22, 2023

In an article for The Bulwark, Miller wrote:

Davis has become an influential voice in MAGA media and activist circles—understandably so, given his crossover appeal as someone who combines legitimate bona fides as a GOP staffer with the incendiary, burn-it-all-down rhetoric that the MAGA base laps up.

And should, God forbid, Trump win a second term, Davis will be emblematic of the type of person who will staff the government. …

Davis’s current gig is spearheading activist groups that fight for right-wing judicial appointments and oppose “Big Tech.” In this role he makes frequent appearances on right-wing media outlets, including primetime Fox and its MAGA competitors (think Real America’s Voice, Newsmax, Bannon’s War Room), where he preaches the Gospel of Trump on issues ranging from the former president’s many indictments to the Biden impeachment.

Davis has an extensive biography on the Federalist Society website. But Miller also exposed Davis’ dark side, including a rant on X about the “violent black underclass” who are “monsters” and should be subjected to “mass incarceration.” He wrote:

Racist demagoguery. Conspiratorial thinking. Promises for retribution against enemies. This is Trump’s stated agenda for 2024. And people like Mike Davis stand ready and willing to execute it.

Davis now heads the Article III Project, which has run ads defending Trump against his four criminal indictments with messages mirroring Trump’s comments that he is a victim of politically motivated prosecutions.

One 60-second digital ad says, “Activist prosecutors and judges have destroyed the rule of law, the scales of justice forever broken and imbalanced. The worst offenders? Those who have weaponized the legal system for political gain against President Trump. Even now they’re resorting to insane legal theories to take him off the ballot,” the ad continues. “They’ve gone after a president of the United States. Do you think they’ll stop there?”

In November, Mehdi Hasan presented an in-depth report on the dangers posed by Davis on MSNBC.

Davis responded to the report and Miller’s Bulwark article with this tasteless post on X that included a homophobic slur. 

😂 Trump’s Dream Team.@mehdirhasan is now on my Lists 2 (indict), 4 (detain), 6 (denaturalize), and 3 (deport). I already have his spot picked out in the DC gulag. But I’ll put him in the women’s cell block, with @Timodc. So these whiny leftists don’t get beat up as often. https://t.co/Ylhb33KVv2

— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) November 20, 2023

And here’s the kicker: Donald Trump Jr. actually said on his online show “Triggered” in November that he’d actually like to see Davis as attorney general, even on an interim basis, “just to send that shot across the bow of the swamp.”

Donald Trump Jr. says he wants Laura Loomer as White House press secretary and Mike Davis as attorney general; Loomer has described herself as “pro-white nationalism,” Davis says that he wants to enact a “reign of terror” targeting Trump’s enemies. pic.twitter.com/oy3osluVC4

— Media Matters (@mmfa) November 10, 2023

RELATED STORY: Republicans actually published a blueprint for dismantling our democracy. It's called Project 2025

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Majority of Americans open to kicking Trump off state ballots

 Whether by hook or by crook, a majority of Americans—56%—are willing to see Donald Trump kicked off some or all state ballots, according to an ABC News/Ipsos poll released Friday.

Two state-level rulings in Colorado and Maine have disqualified Trump from the ballot. Feelings about those rulings were more mixed: 49% support the decisions, while 46% oppose them.

But when it comes to the Supreme Court tackling the question of whether Trump can be barred from ballots under the 14th Amendment, 30% said the high court should remove him from all ballots, while 26% said the court should let states decide Trump's fate. Just 39% said Trump should be kept on the ballot in all states—a remarkably low percentage for a major-party presidential front-runner.

The survey also tested support for the federal and state charges against Trump, as well as House Republicans' impeachment inquiry into President Joe Biden.

At base, 56% support the charges against Trump, while 39%—there's that number again— oppose the charges. On the Biden impeachment inquiry, just 44% support it, while 51% oppose it.

But in terms of "strong" support, 41% strongly support charging Trump, while just 26% strongly support opening an impeachment inquiry into Biden.

That means House Republicans are fixated on devoting a bunch of time and energy during a presidential cycle to a matter that only a quarter of voters feel passionately—and that a 51% majority opposes.

That's the definition of fringe politics: elevating the desires of about a quarter of the public over those of the majority of Americans.

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Majority of Americans open to kicking Trump off state ballots

 Whether by hook or by crook, a majority of Americans—56%—are willing to see Donald Trump kicked off some or all state ballots, according to an ABC News/Ipsos poll released Friday.

Two state-level rulings in Colorado and Maine have disqualified Trump from the ballot. Feelings about those rulings were more mixed: 49% support the decisions, while 46% oppose them.

But when it comes to the Supreme Court tackling the question of whether Trump can be barred from ballots under the 14th Amendment, 30% said the high court should remove him from all ballots, while 26% said the court should let states decide Trump's fate. Just 39% said Trump should be kept on the ballot in all states—a remarkably low percentage for a major-party presidential front-runner.

The survey also tested support for the federal and state charges against Trump, as well as House Republicans' impeachment inquiry into President Joe Biden.

At base, 56% support the charges against Trump, while 39%—there's that number again— oppose the charges. On the Biden impeachment inquiry, just 44% support it, while 51% oppose it.

But in terms of "strong" support, 41% strongly support charging Trump, while just 26% strongly support opening an impeachment inquiry into Biden.

That means House Republicans are fixated on devoting a bunch of time and energy during a presidential cycle to a matter that only a quarter of voters feel passionately—and that a 51% majority opposes.

That's the definition of fringe politics: elevating the desires of about a quarter of the public over those of the majority of Americans.

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New report shows Mike Johnson’s role as pivotal ‘architect’ of 2020 election denial efforts in House

Mild-mannered House Speaker “MAGA” Mike Johnson is not a headline-seeking showboater when it comes to election denialism. Instead, he largely avoided attention as he worked to overturn the results of the 2020 presidential election. And now he’ll be holding the gavel when the House reconvenes on Tuesday with one of its main priorities being continuing the baseless impeachment inquiry against President Joe Biden.

You won’t find Johnson engaging in over-the-top provocative actions, like Rep. Marjorie Taylor Greene did when she posed with QAnon Shaman Jacob Chansley during a December meeting in Arizona of Turning Point USA, a right-wing youth group. And on Jan. 6, 2021, Johnson avoided direct involvement in the “Stop the Steal” rally outside the White House that ended in the attack on the Capitol. But he did play a key role in providing the legal fig leaf that enabled 147 Republican lawmakers—139 House members and eight senators—to vote against approving the Electoral College count and Joe Biden’s victory.

RELATED STORY: Profiles in cowardice: Three years after Jan. 6, GOP leaders won't hold Trump accountable

Johnson was not among the six Republican lawmakers—including current House Judiciary Committee Chair Jim Jordan of Ohio and Reps. Scott Perry of Pennsylvania and Andy Biggs of Arizona—who were subpoenaed to appear before the House Select Committee investigating the Jan. 6 attack on the Capitol.  Johnson received just one passing mention in the committee’s final report, Politico reported.

But a report released last week by the Congressional Integrity Project to mark the third anniversary of the Jan. 6 insurrection highlighted Johnson’s role as “congressional architect of the effort to overturn the 2020 election, advocating an interpretation of the Constitution so outlandish that not even the Supreme Court’s conservative supermajority could swallow it,” reported the Brennan Center for Justice.

Politico wrote:

A relatively junior House Republican at the time, Johnson was nevertheless the leading voice in support of a fateful position: that the GOP should rally around Donald Trump and object to counting electoral votes submitted by at least a handful of states won by Joe Biden.

Representative Jim Jordan of Ohio was the most prominent public face of the congressional effort to fight the results of the 2020 election, his mentee, the newly elected Speaker Mike Johnson, was a silent but pivotal partner.
So let’s take a closer look at Johnson’s record as a propagator of the Big Lie, because it exposes the danger of what might happen if there is another close presidential election and the GOP retains control of the House with Johnson as speaker.

“You don’t want people who falsely claim the last election was stolen to be in a position of deciding who won the next one,” Rick Hasen, a law professor at the University of California, Los Angeles, told The Associated Press.

“Johnson is more dangerous because he wrapped up his attempt to subvert the election outcomes in lawyerly and technical language,” Hasen said.

Before being elected to Congress in 2016, Johnson, a constitutional law attorney, served as senior legal counsel from 2002-2010 for the Alliance Defense Fund (now known as the Alliance Defending Freedom), a Christian conservative legal advocacy group that opposes abortion and LGBTQ+ rights. Johnson himself wrote opinion pieces against marriage equality and endorsing briefs filed by the ADF meant to criminalize sexual activity between consenting adults, Rolling Stone reported. The Southern Poverty Law Center designated the ADF as a hate group in 2016.

So it was no surprise that Johnson sent out this tweet on Nov. 7, 2020, when media outlets largely called the race for Biden:

I have just called President Trump to say this: "Stay strong and keep fighting, sir! The nation is depending upon your resolve. We must exhaust every available legal remedy to restore Americans' trust in the fairness of our election system."

— Speaker Mike Johnson (@SpeakerJohnson) November 7, 2020

Two days later, Johnson sent out another tweet indicating that he was in regular contact with Trump:

President Trump called me last night and I was encouraged to hear his continued resolve to ensure that every LEGAL vote gets properly counted and that all instances of fraud and illegality are investigated and prosecuted. Fair elections are worth fighting for!

— Speaker Mike Johnson (@SpeakerJohnson) November 9, 2020

Politico wrote that in an interview with a Louisiana-based radio host on Nov. 9, Johnson added details on his call with Trump and made clear that “they already had their eye on a Supreme Court showdown.” Johnson said he thought “there’s at least five justices on the court that will do the right thing.”

Then on Nov. 17, Johnson repeated the debunked claim put forth by Trump lawyers that there was an international conspiracy to hack Dominion voting machines so Trump would lose the election, The Associated Press reported. The AP quoted Johnson as saying:

“In every election in American history, there’s some small element of fraud, irregularity,” Johnson said in the interview. “But when you have it on a broad scale, when you have a software system that is used all around the country that is suspect because it came from Hugo Chavez in Venezuela, when you have testimonials of people like this, it demands to be litigated.”

As more states moved to confirm their election results, Texas Attorney General Ken Paxton filed a hail-Mary lawsuit in early December asking the Supreme Court to reject the election results in four states carried by Biden—Georgia, Pennsylvania, Michigan, and Wisconsin—on the basis that those states introduced pandemic-related changes to election procedures that were illegal.

In Congress, Johnson, who had served on Trump’s first impeachment defense team in early 2020, helped lead the effort to get 126 Republican lawmakers to sign an amicus brief supporting the Texas lawsuit. Johnson tweeted:

President Trump called me this morning to let me know how much he appreciates the amicus brief we are filing on behalf of Members of Congress. Indeed, "this is the big one!" https://t.co/eV1aoNlpvq

— Speaker Mike Johnson (@SpeakerJohnson) December 9, 2020

Then on Dec. 11, in a 7-2 ruling, the Supreme Court rejected the Texas lawsuit. On Dec. 14, the electoral college members met in their states to cast their ballots for president. That same day Johnson said in a radio interview that Congress still had the final say on whether to accept Biden’s electors on Jan. 6, 2021, Politico reported.

On Jan. 5, Johnson met with fellow GOP House members in a closed-door meeting to discuss what they should do in Congress the next day.

Politico wrote:

”This is a very weighty decision. All of us have prayed for God’s discernment. I know I’ve prayed for each of you individually,” Johnson said at the meeting, according to a record of his comments obtained by POLITICO, before urging his fellow Republicans to join him in opposing the results.

On the morning of Jan. 6, 2021, just hours before the mob of Trump supporters attacked the Capitol, Johnson tweeted:

Rep. Mike Johnson, Jan. 6, 2021: “We MUST fight for election integrity, the Constitution, and the preservation of our republic!  It will be my honor to help lead that fight in the Congress today.” pic.twitter.com/4gTYgv3Pc8

— Republican Accountability (@AccountableGOP) October 25, 2023

After the mob of Trump supporters attacked the Capitol, Johnson condemned the violence, according to The New York Times, but he defended the actions of Republican lawmakers to object to Biden’s victory. And when Congress reconvened, more than half of the House GOP caucus supported objections to Biden’s victory.

In an October 2022 report published weeks before the midterm election, The New York Times emphasized Johnson’s role in the vote:

In formal statements justifying their votes, about three-quarters relied on the arguments of a low-profile Louisiana congressman, Representative Mike Johnson, the most important architect of the Electoral College objections.

On the eve of the Jan. 6 votes, he presented colleagues with what he called a “third option.” He faulted the way some states had changed voting procedures during the pandemic, saying it was unconstitutional, without supporting the outlandish claims of Mr. Trump’s most vocal supporters. His Republican critics called it a Trojan horse that allowed lawmakers to vote with the president while hiding behind a more defensible case. …

Even lawmakers who had been among the noisiest “stop the steal” firebrands took refuge in Mr. Johnson’s narrow and lawyerly claims, though his nuanced argument was lost on the mob storming the Capitol, and over time it was the vision of the rioters — that a Democratic conspiracy had defrauded America — that prevailed in many Republican circles.

Johnson has not wavered from his position that he and other House GOP members had been right to object to the election results. 

In its report, the Congressional Integrity Project noted that Johnson had voted against creating a commission to investigate the Jan. 6 attack, calling it “a third impeachment.” He also voted against holding former White House adviser Steve Bannon in contempt of Congress for refusing to comply with a subpoena from the House Jan. 6 select committee.

And just months before the House GOP caucus voted unanimously in October to install Johnson as speaker, he gave oxygen to the baseless conspiracy theory held by right-wing Republicans that federal agents orchestrated the Jan. 6 insurrection. He alleged that FBI Director Christopher Wray was “hiding something” about the FBI’s presence in the Capitol on Jan. 6, the Congressional Integrity Project reported.

In November, Johnson fulfilled a promise he made to far-right members of the House GOP caucus in order to secure the speaker’s post when he announced plans to publicly release thousands of hours of security camera video footage from the Jan. 6, 2021, Capitol attack, blurring the faces of individual protesters. Earlier last year, then-Fox News host Tucker Carlson used selectively edited security camera footage to make the claim that Jan. 6 was largely a peaceful protest and the demonstrators were “not insurrectionists, they were sightseers.”

In its report, the Congressional Integrity Project said one of the biggest dangers is that the attempted Jan. 6, 2021 coup never ended because Johnson and the same Trump allies behind that insurrection are now fully behind the sham Biden impeachment effort.

These Republicans include Johnson, Jordan, Comer, and such firebrands as Reps. Marjorie Taylor Greene of Georgia, Paul Gosar and Andy Biggs of Arizona, and Matt Gaetz of Florida, the report said.

With the report, Kyle Herrig, the executive director of the Congressional Integrity Project, issued a statement that read:

“The same MAGA Republicans who led Donald Trump’s deadly insurrection and attempt to overthrow an election he knew he lost, are the same ones pushing the bogus impeachment of President Biden. MAGA Republicans are a threat to all Americans and our democracy. They will stop at nothing to pursue their radical, out-of-touch agenda, including violence. All of their actions on behalf of the disgraced former president in an attempt to distract from his 91 criminal indictments and help him return to the White House in 2024—and they don’t care who stands in their way.”

RELATED STORY: House GOP kicks off a new year of dysfunction with another impeachment

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Profiles in cowardice: Three years after Jan. 6, GOP leaders won’t hold Trump accountable

Sen. John F. Kennedy wrote the Pulitzer Prize-winning book “Profiles in Courage” in 1956, focusing on eight U.S. senators Kennedy felt were courageous under intense pressure from the public and their own party. If you were to write a book about Republican House and Senate members in the three years since the Jan. 6 insurrection, you’d have to title it “Profiles in Cowardice.”

Just weeks before the Iowa caucuses, all the members of the GOP House leadership have endorsed former President Donald Trump. That’s the same Trump who sicced a mob on the Capitol, urging his supporters to “fight like hell.” Former New Jersey Gov. Chris Christie, a presidential candidate, was asked Wednesday on MSNBC’s “Morning Joe” why Republican politicians remain loyal to Trump. He replied that it’s “a combination of two emotions: fear and ambition.” 

RELATED STORY: Three years of Trump's lies about the Jan. 6 insurrection have taken their toll

That fear can be understood given the results of a Washington Post-University of Maryland poll published Tuesday. It shows that “Republicans are more sympathetic to those who stormed the U.S. Capitol and more likely to absolve Donald Trump of responsibility for the attack then they were in 2021.” That’s despite the twice-impeached former president facing 91 felony counts in four criminal indictments. The poll found:

More than 7 in 10 Republicans say that too much is being made of the attack and that it is “time to move on.” Fewer than 2 in 10 (18 percent) of Republicans say Jan. 6 protesters were “mostly violent,” dipping from 26 percent in 2021. 

The poll also found that only 14% of Republicans said Trump bears a great or good amount of responsibility for the Jan. 6 attack, compared with 27% in 2021. So it’s no surprise that Trump feels comfortable on the campaign trail where he regularly downplays the violence on Jan. 6. Yet nine deaths were linked to the Capitol attack, and more than 450 people have been sentenced to prison for their roles in it. The Associated Press reports:

Trump has still built a commanding lead in the Republican primary, and his rivals largely refrain from criticizing him about Jan. 6. He has called it “a beautiful day” and described those imprisoned for the insurrection as “great, great patriots” and “hostages.” At some campaign rallies, he has played a recording of “The Star-Spangled Banner” sung by jailed rioters — the anthem interspersed with his recitation of the Pledge of Allegiance.

Just Security reported that special counsel Jack Smith has taken notice of “Trump’s repeated embrace of the January 6 rioters” as part of the federal case against him for allegedly plotting to overturn the 2020 presidential election results.

Trump probably should have stuck to the script he read in a video released on Jan. 7, 2021. Trump was under pressure to make a statement after two Cabinet members and several other top administration officials had resigned over the Capitol violence. Trump denounced what he called the “heinous attack” on the U.S. Capitol and said:

“Like all Americans, I am outraged by the violence, lawlessness and mayhem  … America is and must always be a nation of law and order.

"The demonstrators who infiltrated the Capitol have defiled the seat of American democracy. To those who engaged in the acts of violence and destruction, you do not represent our country. And to those who broke the law, you will pay."

pic.twitter.com/csX07ZVWGe

— Donald J. Trump (@realDonaldTrump) January 8, 2021

Of course, Trump couldn’t stick to that script. But the Jan. 6 attack prompted some to prematurely declare the death of Trumpism. In an opinion piece in The Hill on  Jan. 7, 2021, Glenn C. Altschuler, professor of American Studies at Cornell University, wrote:

Trumpism has been exposed for what it is: a cancer on the Republican Party and a real threat to democracy in the United States. It is in our power — starting with Republican politicians in Washington, D.C. and red states, the mass media news outlets, as well as voters throughout the country — to make Jan. 6, 2021 the day Trumpism died.

Initially, Republican congressional leaders showed some spine. The New York Times wrote:

In the days after the Jan. 6 attack on the Capitol building, the two top Republicans in Congress, Representative Kevin McCarthy and Senator Mitch McConnell, told associates they believed President Trump was responsible for inciting the deadly riot and vowed to drive him from politics.

Mr. McCarthy went so far as to say he would push Mr. Trump to resign immediately: “I’ve had it with this guy,” he told a group of Republican leaders, according to an audio recording of the conversation obtained by The New York Times.

But within weeks both men backed off an all-out fight with Mr. Trump because they feared retribution from him and his political movement. Their drive to act faded fast as it became clear it would mean difficult votes that would put them at odds with most of their colleagues.

Just hours after the Capitol attack, 147 Republican lawmakers—a majority of the House GOP caucus and a handful of Republican senators—voted against certifying Biden’s election. Rep. Mike Johnson of Louisiana, the current House speaker, played a leading role in the effort to overturn the presidential election results. In a radio interview he even repeated the debunked claim about an international conspiracy involving deceased Venezuelan leader Hugo Chavez to hack voting machines. 

On Jan. 13, 2021, the House voted to impeach Trump for incitement of insurrection, but only 10 House Republicans supported the resolution. Only two of them remain in Congress. House Minority Leader Kevin McCarthy read the writing on the wall: He made a pilgrimage to Mar-a-Lago on Jan. 27 to bend the knee to Trump. He realized that he never would become House speaker without Trump’s support. Trump’s Political Action Committee Save America put out this readout of the meeting:

“They discussed many topics, number one of which was taking back the House in 2022,” the statement read. “President Trump’s popularity has never been stronger than it is today, and his endorsement means more than perhaps any endorsement at any time.”

The Senate impeachment trial represented a last chance to drive a stake into Trump’s political career because conviction would have kept him from holding office again. Seven Republican senators voted to convict Trump, but the tally fell 10 votes short of the two-thirds majority required for conviction.
McConnell voted to acquit Trump. In his Feb. 13 speech to the Senate, he said Trump “is practically and morally responsible for provoking the events” of Jan. 6. He suggested that Trump could still be subject to criminal prosecution: “We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one.” 
In 2023, McConnell stayed quiet when asked for reaction to Trump's criminal indictments. But McCarthy and other Republicans joined in defending Trump and criticizing prosecutors. On Aug. 14, 2023, after Fulton County District Attorney Fani Willis announced her racketeering and conspiracy indictment against Trump and 18 allies for allegedly trying to overturn the presidential election results in Georgia, McCarthy posted:

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

— Kevin McCarthy (@SpeakerMcCarthy) August 15, 2023

Trump has now made the outlandish claim that he’s immune from criminal prosecution over his efforts to overturn the 2020 presidential election because he was serving as president at the time. In a brief filed last Saturday to a federal appeals court, Smith warned that Trump’s claims “threaten to undermine democracy.”

The events of Jan. 6 were a warning that Trump and his MAGA cultists really don’t believe in the Constitution. McKay Coppins, who wrote a biography of Mitt Romney, wrote in The Atlantic that the Utah senator wrestled with whether Trump caused the downfall of the GOP, or if it had always been in play:

Was the authoritarian element of the GOP a product of President Trump, or had it always been there, just waiting to be activated by a sufficiently shameless demagogue? And what role had the members of the mainstream establishment—­people like him, the reasonable Republicans—played in allowing the rot on the right to fester?

The feckless Sen. Lindsey Graham of South Carolina has been a weather vane of what’s been happening within the GOP. During the 2016 campaign, he dismissed Trump as a “kook” and “race-baiting bigot” unfit to be president. Then Graham stuck his head up Trump’s posterior once the reality show host became president. On Jan. 6, 2021, Graham declared he had “enough” of Trump and voted to confirm the election results. But in February 2021, Graham made a pilgrimage to Mar-a-Lago to make peace with Trump. Graham’s remarks at the time proved to be quite prescient:

"If he ran, it would be his nomination for the having …" Graham told The Washington Post. "Because he was successful for conservatism and people appreciate his fighting spirit, he's going to dominate the party for years to come.” 

Recently, Graham even defended Trump’s presidential immunity claim on CBS’ “Face the Nation”:

“Now, if you're doing your job as president and January 6th he was still president, trying to find out if the election, you know, was on the up and up. I think his immunity claim, I don't know how it will bear out, but I think it's a legitimate claim. But they're prosecuting him for activity around January 6th, he didn't break into the Capitol, he gave a fiery speech, but he's not the first guy to ever do that.”

After Jan. 6, some ultra-right Republicans tried to portray what happened as a largely peaceful protest and absolve Trump of any blame. Rep. Andrew Clyde of Georgia said many of the people who entered the Capitol on Jan. 6 behaved in an orderly manner as if they were on a "normal tourist visit." Arizona Rep. Paul Gosar blamed the violence on left-wing activists, calling it an “Antifa provocation.”

But now the fringe conspiracy theories have moved into the party’s mainstream as MAGA Republicans have gained influence in Congress. As speaker, McCarthy granted then-Fox News host Tucker Carlson exclusive access to 42,000 hours of Jan. 6 security footage. Carlson used the footage for a show that portrayed the riot as a peaceful gathering. “These were not insurrectionists. They were sightseers,” Carlson said.

Trump claimed Carlson’s show offered “irrefutable” evidence that the rioters had been wrongly accused of crimes and called for the release of those jailed on charges related to the attack, the Associated Press reported. In the December Republican presidential debate, entrepreneur Vivek Ramaswamy pushed the conspiracy theory that the Jan. 6 attack looked “like it was an inside job” orchestrated by federal agents.

Trump has pushed these “deep state” conspiracy theories in filings by his lawyers in the case brought by Smith accusing Trump of attempting to overturn the 2020 election results, The Washington Post reported. The Washington Post-University of Maryland poll found that 34% of Republicans believe the FBI organized and encouraged the Jan. 6 insurrection, compared with 30% of independents and 13% of Democrats.

In a CNN Town Hall in May, Trump said he had no regrets about what happened on Jan. 6 and repeated the Big Lie that the 2020 election “was rigged.” Trump has also portrayed Ashli Babbitt—the Jan. 6 protester who was fatally shot by police as she tried to force her way into the House chamber—as a martyr. He has cast the jailed Jan. 6 insurrectionists as “patriotic” heroes. That should raise alarm bells because there’s a dangerous precedent. After his failed 1923 Munich Beer Hall putsch, Adolf Hitler referred to Nazi storm troopers killed in the attempted coup as blood martyrs. It took Hitler a decade to become chancellor of Germany in 1933.

RELATED STORY: 100 years after the Munich Beer Hall Putsch, Trump is borrowing from Hitler's playbook

As we mark the third anniversary of the Jan. 6 insurrection, Trump is on a faster track to become president again, aided and abetted by right-wing news outlets and social media platforms like Elon Musk’s X.

Biden understands the growing threat to American democracy. That’s why he’s following up his Friday speech in Valley Forge, Pennsylvania, about democracy on the brink with an advertising push starting Jan. 6. In the Biden-Harris campaign’s first ad of 2024, Biden says: “Now something dangerous is happening in America. There’s an extremist movement that does not share the basic beliefs in our democracy. All of us are being asked right now, what will we do to maintain our democracy?”

RELATED STORY: Trump attorney leans on Supreme Court to repay their debt to Trump

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House GOP kicks off a new year of dysfunction with another impeachment

Trust the Republican House to make a difficult situation exponentially worse. Not content with establishing a new record of dysfunction and ineffectiveness in the first session of the 118th Congress, they’re kicking off the second year with another waste of precious time: a second baseless impeachment, this time against Homeland Security Secretary Alejandro Mayorkas. It’s basically the first thing on their agenda when they return to work next week, with the first hearing scheduled for Jan. 10.

Never mind that the first deadline for a partial government shutdown is Jan. 19, and the House has made zero progress in meeting it. Instead, Republican leadership has chosen to start impeachment proceedings against Mayorkas for his “decision-making and refusal to enforce the laws passed by Congress, and that his failure to fulfill his oath of office demands accountability,” according to Homeland Security Committee Chair Mark Green of Tennessee.

Mayorkas’ team at DHS slapped back. “The House majority is wasting valuable time and taxpayer dollars pursuing a baseless political exercise that has been rejected by members of both parties and already failed on a bipartisan vote,” spokesperson Mia Ehrenberg said in a statement.

The White House was equally scathing. “Actions speak louder than words,” White House spokesperson Andrew Bates said in a statement. “House Republicans’ anti-border security record is defined by attempting to cut Customs and Border Protection personnel, opposing President Biden’s record-breaking border security funding, and refusing to take up the President’s supplemental funding request.”

“After voting in 2023 to eliminate over 2,000 Border Patrol agents and erode our capacity to seize fentanyl earlier in 2023, House Republicans left Washington in mid-December even as President Biden and Republicans and Democrats in the Senate remained to forge ahead on a bipartisan agreement,” Bates said.

That Senate effort—which aims to find a compromise on immigration that will get enough Republican votes to allow aid to Ukraine to continue—is ongoing, though its success is far from certain since the House GOP is working to poison it. Senate Republicans will point to the House GOP’s opposition to justify their refusal to support any agreement. To that end, House Speaker Mike Johnson is spearheading another stunt, leading a delegation of about 60 Republican House members to visit a border facility near Eagle Pass, Texas, on Wednesday.

Johnson’s trip is fueling the hard-line stance on immigration, but he’s also painting himself into a corner with the House extremists. Catering to the hard right on immigration is extremely unlikely to help him avert a government shutdown—since a government shutdown is what the Freedom Caucus wants.

Rep. Chip Roy of Texas, a prominent member of the caucus, made that clear enough in a letter Tuesday, writing that he was skipping this trip to the border because it is not enough. "Our people—law enforcement, ranchers, local leaders—are tired of meetings, speeches, and press conferences,” he said, adding that the House should be “withholding funding for the vast majority of the federal government until it performs its basic duty to defend the borders of a supposedly sovereign nation."

The more Johnson bends to extremists on immigration, the more emboldened they will be to force a shutdown over the issue. He’s setting himself up for failure, for the very same trap that every Republican speaker since John Boehner has fallen into. Either Johnson bucks the Freedom Caucus and risks being ousted like former Speaker Kevin McCarthy, or he allows a disastrous shutdown.

Meanwhile, there’s reality: In the past week, illegal border crossings have decreased. But reality isn’t likely to make any difference to Republicans; it rarely does.

RELATED STORIES:

Speaker Mike Johnson faces same old GOP dysfunction in the new year

It's official: GOP House did a whole lot of nothing this year

White House engages on Ukraine/immigration stalemate

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Wisconsin GOP Assembly leader backs off threat to impeach Supreme Court judge over redistricting

Almost immediately after Janet Protasiewicz was elected to Wisconsin’s Supreme Court last April, flipping it to a liberal majority, Republican leaders threatened to impeach her if she didn’t recuse herself from a case challenging the state’s heavily gerrymandered electoral maps. This was because after being seated on the court in August, Protasiewicz refused to recuse herself from the Democratic-backed lawsuit seeking to throw out Republican-drawn electoral maps, drawing even more impeachment threats from Republicans.

Protasiewicz’s victory had resulted in a 4-3 liberal majority on the court, ending a 15-year period in which conservative justices held control. But now faced with intense backlash, Robin Vos, the Republican leader of Wisconsin’s Assembly who threatened possible impeachment of Protasiewicz in August, has pivoted and now says that such a move is “super unlikely,” The Associated Press reported.

RELATED STORY: Former Wisconsin GOP Attorney General Brad Schimel is running for the state Supreme Court

The AP wrote:

When asked in an interview Wednesday if he would move to impeach Protasiewicz if she orders new maps to be drawn, Vos said, “I think it’s very unlikely.”

“It’s one of the tools that we have in our toolbox that we could use at any time,” Vos said of impeachment. “Is it going to be used? I think it’s super unlikely.”

However, Vos refused to rule it out.

“We don’t know what could happen, right?” he said. “There could be a scandal where something occurs. I don’t know.”

Wisconsin’s Democratic Party Chair Ben Wikler posted this reaction on X, formerly known as Twitter:

The Wisconsin GOP has made official what’s long been clear: they’ve pulled back the impeachment threat. Why did this happen? Because you rose up in outrage and made clear that such an abuse of the constitution would be politically catastrophic—for them. https://t.co/f20bV6dd9c

— Ben Wikler (@benwikler) December 21, 2023

In September, Wikler announced that the state Democratic Party was launching a $4 million effort to to pressure Republicans to back down from impeaching Protasiewicz. At the time he said the Republicans were “holding a political nuclear football” and engaging in “political extortion.”

According to Associated Press analysis, Wisconsin’s Assembly districts rank among the most gerrymandered in the U.S., with Republicans routinely winning far more seats than would be expected based on their average share of the vote in statewide elections. Joe Biden flipped Wisconsin in the 2020 presidential election, defeating Donald Trump by a narrow margin of 49.6% to 48.9%, a difference of 20,000 votes. In April 2023, with abortion rights a key issue, Protasiewicz defeated Republican Dan Kelly by 55.5% to 45.5%, a margin of nearly 200,000 votes.

Yet, as the AP pointed out, the legislative electoral maps drawn by the Republican-controlled Legislature in 2011 cemented the party’s majorities. Republicans now control the Assembly by a 64-35 margin, and hold a 22-11 supermajority in the Senate. Last year, the GOP approved maps that were similar to the existing ones.

In October, the state Supreme Court agreed to hear the legal challenge to the Republican-drawn maps. Election lawyer Marc Elias’ group, Democracy Docket, wrote on its website:

The petitioners in Clarke v. Wisconsin Elections Commission allege that the Wisconsin state Assembly and Senate maps are extreme partisan gerrymanders that unduly favor Republicans in violation of the state constitution.

The petition notes that for the past two decades, Wisconsin’s legislative plans have been among the most gerrymandered in the country: “In 2012, Republicans won 48.6% of the statewide vote, which yielded a remarkable 60 assembly seats. … When Democrats received roughly the same vote share, they carried 36 assembly seats. … From the 2012 through the 2020 elections, Republicans never fell below 60 seats—winning up to 64, or nearly two-thirds of the seats. In 2018, Republicans won 63 seats with just 44.8% of the vote.”  

Last month, the state Supreme Court heard oral arguments in the redistricting lawsuit and is expected to issue its decision by early 2024. The plaintiffs are asking that all 132 state lawmakers be required to stand for election in 2024 under newly redrawn maps. Under current law, all Wisconsin Assembly members and about half the state Senate are up for election next year.

The wheels came off the Republicans’ threat to impeach Protasiewicz in October. That’s when two of three former conservative Wisconsin Supreme Court justices asked by Vos to investigate the possibility of impeachment told the Assembly leader it was not warranted. Former Justice David Prosser wrote to Vos:

“To sum up my views, there should be no effort to impeach Justice Protasiewicz on anything we know now. Impeachment is so serious, severe, and rare that it should not be considered unless the subject has committed a crime, or the subject has committed indisputable ‘corrupt conduct’ while ‘in office.’”

Article VII of the Wisconsin Constitution reserves impeachment for “corrupt conduct in office, or for crimes and misdemeanors.”

The Republicans’ threats to Protasiewicz were based on political statements that she made while campaigning for the seat in which she referred to the legislative maps as “rigged.” Republicans claimed that this constituted a predetermination of how she would rule on a case challenging the maps. In early October, Protasiewicz rejected calls from Republican justices to recuse herself from redistricting cases. The AP reported:

Protasiewicz said that while stating her opinion about the maps during the campaign, she never made a promise or pledge about how she would rule on the cases.

“I will set aside my opinions and decide cases based on the law,” she wrote. “There will surely be many cases in which I reach results that I personally dislike. That is what it means to be a judge.”

Democracy Docket also said that Republican lawmakers also took issue with the financial contributions made by the Democratic Party of Wisconsin to her campaign. However, Jay Heck, director of the nonpartisan group Common Cause of Wisconsin called the Republicans’ “selected outrage” hypocritical because all but one of the seven sitting justices had accepted contributions from a political party.

The prospect of actually removing Protasiewicz from the court also became a less attractive option. That’s because if she were impeached by the Assembly and convicted by the Senate, Democratic Gov. Tony Evers would now get to name her replacement rather than have to call a special election, which would have been required if she had been removed prior to Dec. 1, the AP reported.

And it’s good news for abortion rights activists that Protasiewicz remains in place to keep the liberal 4-3 majority intact. On Tuesday, a Republican district attorney appealed a court ruling that determined that an 1849 Wisconsin law does not ban abortions, the AP reported. That decision cleared the way for abortions to resume in the state. The appeal filed by Sheboygan County District Attorney Joel Urmanski is likely to ultimately be decided by the state Supreme Court. And Protasiewicz is a supporter of abortion rights.

RELATED STORY: Wisconsin Supreme Court hearing arguments on redistricting that could result in new maps for 2024

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