It’s not about Barrett’s religion: It’s about the cover-up of how extreme and unqualified she is

The fact that Supreme Court nominee Amy Coney Barrett "served as a ‘handmaid’ in Christian group People of Praise," in the words of The Washington Post, is a thing. It's a thing that is concerning to a lot of not evangelical or fundamentalist Christian Americans. Republicans are, however, trying to make that a landmine for Democrats, with Senate Majority Leader Mitch McConnell leading the way. They're saying any questions about her rather out-of-the-mainstream practice is an attack on faith. They are in fact itching to have a fight about her religion.

But that's eliding a larger problem: Barrett has been actively trying to cover-up her association with People of Praise and her fundamentalist beliefs, and People of Praise have been helping. This is what Democrats need to be focusing on. The Post reports that while Barrett has disclosed "serving on the board of a network of private Christian schools affiliated with the group," People of Praise will not confirm that she is a member. Furthermore, in the last few years it has "removed from its website editions of a People of Praise magazine — first those that included her name and photograph and then all archives of the magazine itself." Why are her ties to the group being scrubbed and who is helping her do that?

That goes along with Barrett's failure in 2017 and again this year to disclose that she had signed on to a newspaper ad in 2006 taking the most extreme position on abortion possible, advocating for the overturning of Roe v. Wade and going further, saying she  opposed "abortion on demand" and defended "the right to life from fertilization to the end of natural life." That's leaving the door open for banning types of birth control and for investigation and potential prosecution of women who've had miscarriages, the furthest forced birth extremists tend to go. Of course she doesn't want that information in front of the Judiciary Committee or the American public, which supports abortion rights.

So who's covering it up for her? Is the White House advising her to withhold information? Is the Republican-majority Senate  Judiciary Committee staff helping her pick and choose the information senators and the American public get to weigh when considering the nomination? Because it sure seems like a concerted effort, and the kind of thing that raises eyebrows for investigators. What else might she be failing to disclose—and why? This should at least require more time for a more thorough investigation and Democrats should demand that. It's not about her religion: It's about why she is trying to cover up her religion!

Clearly the investigation into Brett Kavanaugh wasn't thorough enough because McConnell and Sen. Chuck Grassley, who was then chair of the committee, wouldn't let it be. They didn't give enough time. That means there are still outstanding questions about Kavanaugh, and big ones. Like who paid his $92,000 country club fees, his $10,500-a-year private school for his kids, his $60,000 to $200,000 credit card debt, and his $1.2 million mortgage before his confirmation hearings. Which is a question for another time and potentially an impeachment investigation when there's a Democratic-controlled Senate. Potentially.

But on this nominee, there needs to be an investigation. The FBI needs to figure out why there was a coordinated effort to cover this information up, why the People of Praise group has been erasing her from existence in their organization, and what else she could be withholding from the committee. It's not about the organization itself: It's about the effort to prevent the Senate and public from knowing. She, and the Republicans, demean the process by hiding things.

There are already serious questions about her fitness to serve. First and foremost, Barrett accepted the nomination in the first place, in these extraordinary circumstances and mere weeks before a presidential election. Then she participated willingly and knowingly in what turned out to be a coronavirus superspreader event that violated the rules the District of Columbia has in place for public gatherings. Yes, the White House is federal land and not governed by D.C.'s ordinances, but it shows an appalling lack of judgement on the part of this would-be justice to participate in the whole fiasco.

But there are also questions about her actual ability to judge. She actually authored a Seventh Circuit opinion last year "that threatened to hurl corporate insurance policies into chaos" and was quickly and quietly withdrawn to allow the lower court judgement she had initially overturned stand. It was an "episode that stunned attorneys and raised questions about her judgment." Because she made an extremely basic and big mistake. She ignored state law, in this case Indiana’s, in her initial ruling. "Her opinion, absolutely, 100 percent, ignored Indiana law with respect to how those things would be decided," one lawyer involved said. "It was the only time in my career where I had to file a brief that raised this point."

It's a given, even among conservatives, that Barrett got this nomination not for her legal qualifications but because of her ideological ones. That's not even debatable in 2020, after the Trump administration and the kinds of judges—even those rated unqualified—he's promoted. What's remarkable is the extent to which Republicans are still committed to covering up her background. That's a problem, and one that gives Democrats absolutely every reason to fight this nomination. Not on religious grounds: on the cover up.

Barrett is the most unpopular Supreme Court nominee, so Democrats have nothing to lose in this fight

For decades, the American public has been working under the assumption that if someone were nominated to the Supreme Court, that person must be qualified. How else could that individual get to a place where they would even be considered for nomination? That slipped a little with President Ronald Reagan's nomination of Robert Bork, who ended up being rejected even by Republicans—enough of them to sink his confirmation. Everything's changed with Donald Trump, however. First Republicans broke all norms and regular procedures by refusing to even talk to President Barack Obama's nominee, Merrick Garland, for more than half a year before the election. Then we had the Brett Kavanaugh debacle, where the whole country could see the blunt force Republicans would employ to get a guy everyone recognized as the frat-boy bully of their school nightmares onto the court.

Now we've got the nomination of Amy Coney Barrett, and an electorate not giving her the benefit of the doubt as to qualifications. CNN reports: "Initial reactions to Barrett are among the worst in CNN and Gallup polling on 12 potential justices dating back to Robert Bork, who was nominated by Ronald Reagan and rejected by the Senate." Barrett has the distinction, along with Kavanaugh, of being "the only two for whom opposition outweighed support in initial polling on their nominations." A plurality does not want her confirmed, 46% to 42%, and 56% say she should recuse herself from any cases resulting from the 2020 election, including 32% of Republicans. Which leads us to the fight Democrats have to have against her confirmation. There's absolutely no downside to Democrats doing everything in their power, limited though it may be, to fight this.

Most of that fight is going to have to be in the Judiciary Committee. The No. 1 thing Democrats should be doing is boycotting the hearings and refusing to allow Lindsey Graham, the chairman, a quorum to conduct most of his business. With any number of Republican senators unavailable at any given time because of quarantine, Democrats need to be nimble and flexible in when they choose to participate. But senators, Democratic or Republican, aren't likely to miss an opportunity to get some video clips of themselves scoring points out there. Knowing they aren't going to give up a chance at their 15 minutes, they need to follow a plan. Chuck Schumer needs to make them do it.

For once, they have to coordinate. They have to find a single plan of attack and stick to it, with their questions coordinated and designed to build a narrative. Already we're seeing the opening—this is a rushed confirmation that Republicans are intent on ramming through before the election and in that rush, they're covering stuff up. We saw the initial evidence of that when Barrett did not submit a newspaper ad she signed on to in 2006 on behalf of a forced-birther group with the materials she provided to the Judiciary Committee—either for this nomination or for her 2017 nomination to an appeals court position. In the ad, she said she opposed "abortion on demand" and defended "the right to life from fertilization to the end of natural life." That's not all: In 2017, The Washington Post reports she didn't disclose her affiliation with the radical Christian group People of Praise. The group has scrubbed all references to her from its website. What else is she hiding?

In pushing that narrative, they should also have the less effective of their members step back. Let Sens. Kamala Harris (she has said she intends to participate), Amy Klobuchar, Mazie Hirono, and Sheldon Whitehouse—the sharpest interrogators—take the lead. They were the sharpest and most effective questioners in the Kavanaugh hearings and we need that acuity again now. 

That's not the only Democratic coordination we need to have happen. Schumer should be quietly working with his conference and with House Speaker Nancy Pelosi on measures they can take to gum up the works for the Senate after the almost inevitable vote out of committee happens. There are things like War Powers resolutions Democratic senators can bring to the floor that will take precedent over a confirmation vote. Likewise, there are resolutions—most notably impeachment—that the House can send over that have to be considered before nominations. Note that this kind of coordination could be happening already. We're not supposed to see it. To be most effective, it can't be seen coming. McConnell is likely already figuring out how he can combat such measures, so Democrats have to be as wily in figuring out when and how to spring them. Which they should be working on. Right now.

Stopping this is going to be nearly impossible, barring the coronavirus continuing to sweep through Republican ranks and reducing the number of senators McConnell has available at any given time. But that doesn't mean Democrats are powerless, and it doesn't mean they shouldn't find every possible avenue for getting this delayed past the election. It probably won't work, but they've got to try it anyway.

For one thing, it will give them practice on coordinating their messaging and their efforts to reform the courts when they have the White House and Senate in 2021.

David Frum: Don’t assume McConnell has the votes to confirm

Last night and this morning, I felt like crawling into a hole for the next 40 days or so. And not a deep hole. I didn’t have the energy or joie de vivre for a deep hole. It would have been a shallow hole. Barely a hole at all. Really, I would have just lay down in the dirt until my DNA fused to the worms’ and slugs’ and grasses’ much more upbeat genetic material.

But I’m a more resilient guy ever since I got into therapy and on antidepressants (I recommend both if you’re struggling). And this morning a friend sent me this Atlantic story from former George W. Bush speechwriter and confirmed NeverTrumper David Frum.

He makes some excellent points (one of them being, don't swallow your tongue in abject, pants-shitting fear just yet):

What McConnell did in 2016 was an assertion of brute power, and what he proposes in 2020 is another assertion of brute power. And so the question arises: Does McConnell in fact have the power he asserts?

The answer may be no, for four reasons.

Do tell, David Frum:

The polls do not favor Susan Collins, Cory Gardner, or Thom Tillis—senators from Maine, Colorado, and North Carolina up for reelection this cycle. Yet these competitors may not be ready to attend their own funerals. They may regard voting against McConnell's Court grab as a heaven-sent chance to prove their independence from an unpopular president—and to thereby save their own seats.

Lisa Murkowski of Alaska has also made skeptical noises, and even Lindsey Graham of South Carolina may flinch. He faces an unexpectedly tough race this year, and he is extra-emphatically on the record vowing not to support a Supreme Court confirmation vote in the later part of a presidential year.

Frum also asks if Trump can find a woman nominee (Trump almost needs to nominate a woman to replace the legendary RBG, lest his female support erode even further) at the 11th hour who will be viewed as moderate enough by the senators who could be thinking of defecting.

Any last-minute Trump nominee will face a gantlet of opposition in the Senate, a firestorm of opposition in the country, and probably a lifetime of suspicion from the majority of the country.

Can McConnell and Trump find an appointee willing to risk all that for the chance—but not the guarantee—of a Supreme Court seat? Specifically, can they find a woman willing to do it? The optics of replacing Ginsburg with a man may be too ugly even for the Trump administration. And if they can find a woman, can they find a woman sufficiently moderate-seeming to provide cover to anxious senators? The task may prove harder than immediately assumed.

In addition, Yertle the Asshole’s hypocrisy on this issue is so egregiously off the charts it might create a mutually assured destruction scenario in which Democrats (assuming Biden wins and Dems retake the Senate) feel justified in packing the court by, say, adding two more justices.

But a last-minute overreach by McConnell could seem so illegitimate to Democrats as to justify radical countermoves should they win in November: increasing the number of appellate judges and Supreme Court justices; conceivably even opening impeachment hearings against Justice Brett Kavanaugh.

McConnell may want the win badly enough to dismiss those risks. But many conservative-leaning lawyers in the country may be more cautious. And their voices will get a hearing in a contentious nomination fight—not only by the national media, but by some of the less Trump-y Republican senators. This could be enough to slow down a process that has no time to spare.

I think Frum makes some great points, and anything that will keep me from reaching for the shovel is welcome news right now.

So let’s breathe, and keep fighting on.

A Democratic Senate has never been more important. Make it so.

“This guy is a natural. Sometimes I laugh so hard I cry." — Bette Midler on Aldous J. Pennyfarthing, via TwitterFind out what made dear Bette break up. Dear F*cking Lunatic: 101 Obscenely Rude Letters to Donald Trump and its boffo sequels Dear Pr*sident A**clown: 101 More Rude Letters to Donald Trump and Dear F*cking Moron: 101 More Letters to Donald Trump by Aldous J. Pennyfarthing are now available for a song! Click those links, yo!

Senate Republicans privately more worried that Trump talked to Woodward than about his deadly lies

Three days into the revelation that Donald Trump willfully lied to the American people about the deadly coronavirus from the absolute beginning of the crisis, and Senate Republicans are still hiding out, avoiding the press, pretending like they missed the biggest news of the week entirely.

"Haven't seen it." "Didn't read it." Or, in the case of Sen. Susan Collins, pretending like she's invisible. Collins "walked quickly into Thursday's morning series of votes, flanked by an aide who shielded her from a reporter who yelled a question in her direction about Trump downplaying the threat of coronavirus," The Hill reported. CNN adds she refused to take any questions on Wednesday or Thursday. At least her fellow vulnerable colleague, Iowa's Joni Ernst, took the question. She waffled it—"I haven't read it, I haven't seen it, so give me a chance to take a look"—but she answered the damn question.

We'll never get out of this crisis without taking back the Senate. Donate now to help make that happen.

Same with Arizona's Martha McSally and Colorado's Cory Gardner. Not reading or paying any attention to any news at all has become quite fashionable among Republicans. If you haven't read it or listened to the tapes with your very own ears, it didn't happen. At least that's Texan John Cornyn's take. He said he didn't have "personal knowledge" and didn't "have any confidence in the reporting," so he couldn't weigh in on it.

Others decided their best bet was going all in with the Trump excuse that he was trying to avert a national panic. Because if there's anything the guy who screams about antifa and Mexicans and Black Lives Matter protesters coming to rape and pillage and loot in the suburbs wants, it's not to cause a panic. North Carolina's Thom Tillis endorsed Trump's excuse. "When you're in a crisis situation, you have to inform people for their public health but you also don't want to create hysteria." When Tillis was pushed and asked if Trump should have been comparing the virus to the flu when he knew that it was far deadlier, Tillis wouldn't answer.

Trump's little golfing buddy, Lindsey Graham, piped up: "I don't think he needs to go on TV and screaming we're all going to die." Georgia's David Perdue agreed. "I understand trying to manage the psyche of the country and also look at the actions that he took. […] I look at what he did—and it was certainly a strong response." In no universe whatsoever was it a strong response, but that's a popular lie among Republicans. "Actions speak louder than words," said Louisiana's Bill Cassidy, another Republican up for reelection. "The President tends to speak loosely. We know that. That's just his pattern." And of course there’s Sen. Mitch McConnell, who combined the professed ignorance and defense of Trump into one: "Well, I haven’t read the Woodward book, but we all knew it was dangerous. The president knew it was dangerous and I think took positive steps very early on, for which he should be applauded, not criticized," he said.

Anonymously, Republican senators were less bothered by Trump's lies to the American public about a pandemic that has gone on to kill 200,000 Americans than about the fact that he would talk to Bob Woodward. "Most of us say, 'What the hell is he doing talking to Bob Woodward at 11 at night?'" one of them told The Hill.

Remember back in March, when McConnell talked about how Trump's flat-footed response to the pandemic was the fault of House Democrats and impeachment? How he said that it "diverted the attention of the government?” Yeah, that. The refusal of McConnell and fellow Republicans to actually look at the evidence, to put country over party in the impeachment, has led directly to this: 200,000 people dead. McConnell's continued insistence on putting party over country means that six months into the pandemic, he's abandoned it.

Lindsey Graham’s next big round of sucking up to Trump is coming in new Russia probe

Lindsey Graham, one of Donald Trump’s chief lapdogs in the Senate, will have sweeping subpoena power to try to belatedly exonerate Trump and incriminate the Obama administration in the investigation into Russian election interference in 2016. The Senate Judiciary Committee voted along partisan lines to give Graham, who is the committee chair, that subpoena power while rejecting—also along partisan lines—Democrats’ efforts to get subpoena power as well.

Graham plans to subpoena Obama administration officials including former CIA Director John Brennan, former Director of National Intelligence James Clapper, and former FBI Director James Comey. All part of the plan to delegitimize the investigation into what Russia did to help Trump win rather than investigating … what Russia did to help Trump win.

“I am very intent in making sure this never happens again,” Graham said. “This” is the investigation into Russian election interference, not the Russian election interference itself.

It’s not just Graham and the Judiciary Committee, either. The Senate Homeland Security Committee, chaired by Ron Johnson, will also be investigating the Russia investigation, and, as an extra-partisan bonus, he’s investigating Hunter Biden, too. Because nothing says “this investigation is aimed at uncovering the truth about a very important issue, not attacking my political opponents” like waiting until years after the fact during an election year and following the lead of a president who was impeached for abusing power to create a scandal around the same figure you’re now “investigating.”

Trump had Park Police and National Guard troops violently clear a peaceful protest so he could get a photo op. His attorney general has lied about it and the chair of the Joint Chiefs of Staff has apologized for being party to it. But Senate Republicans—the same Senate Republicans who protected him during the impeachment trial—couldn’t care less. Neither do they care that a foreign nation attacked U.S. democracy four years ago. They just want to keep the truth from getting out and do whatever it takes to protect Trump from ever facing a consequence for anything. 

There’s a nationwide movement against police brutality and a global pandemic that’s killed more than 100,000 Americans, in large part because of Donald Trump’s refusal to admit it might be a problem. And Senate Republicans don’t care about anything but keeping Trump in power.

Trump is doing everything possible to make safe red-state Senate seats competitive

Senate Democrats are looking like winners in Arizona, Colorado, Maine, and North Carolina. Their leads are so large at this point that it’s hard to see, absent scandal, how they won’t win. Democrats are also looking good in the next tier of races, tied or leading in Iowa, both Georgia seats, and Montana. Kansas and Texas are in the third tier, which is lean or likely Republican, but within the realm of possibility. 

And then there are the fourth-tier races—those that are “likely or safe Republican.” While some early polling looks encouraging, it would be really tough for Democrats to pick up absent a massive Democratic wave. And here, I’m mostly talking about challenges in Kentucky and South Carolina, and our incumbent senator in Alabama. And yet, Trump’s national polling collapse threatens Republican holds on these seats even if they remain safely red in the presidential race. 

Alabama has been considered a lost cause almost from the moment that Democratic incumbent Doug Jones won the seat in a 2017 special election 50-48.3—a margin of just 22,000 votes—against a child predator, someone who even admitted approaching teenage girls while he was in his 30s. It has seemed inconceivable that Democrats would ever hold that seat during a presidential year in a state that gave Trump a 61-34 victory in 2016. 

And certainly Civiqs’ daily tracker of Trump’s job approvals in Alabama shows his job approval rating hovering in the 60-40 range for the last three years. But look what suddenly happened: 

That’s a fall from +20 net approvals during impeachment to single digits +9 today, or a net 11-point drop. That outpaces the drops we’ve seen nationally (around a net 5-point drop). 

The drop is even bigger in Kentucky, the third most pro-Trump state after Wyoming and West Virginia. 

That’s a drop from his high-water mark of around +25 net approvals (60-35) to +13 today (54-41), or a net 12-point drop.

The last of these three tough fourth-tier Senate states is South Carolina:

The drop here is actually in line with national results: a 5-point drop from +8 net approvals to +3 (50-47). 

Now, Trump will win all three of these states. And he’ll win them all easily. That’s not the point here. 

The point is that for Democrats to have any chance, they’ll need ticket splitters or voters who don’t fill the ballot past the presidential contest. The stronger the pro-Trump vote is, the tougher that task becomes.

In 2008, incumbent Republican Sen. Mitch McConnell of Kentucky, who is the current Republican leader in the Senate, won his election race 53-47. That same year, on the same ballot, John McCain defeated Barack Obama 57-41. McConnell ran 10 points behind the top of the ticket. 

So yeah, if Trump wins Kentucky along the same lines as his 63-33 victory in 2016, then the Democrats won’t defeat McConnell, period. But as we’ve seen in recent polling, Trump’s share of the Biden versus Trump vote is closely correlated to his personal ratings. If Trump’s popularity continues to falter in the state (and the pandemic and job losses aren’t going anywhere any time soon), that presidential race could tighten, and that hill Democrats must climb gets easier and easier. Same goes for Alabama, South Carolina, and pretty much every single other state. 

Can Democrats win these three states? If the election were today, they wouldn’t. But given Trump’s inability to show anything akin to leadership in these critical times, the more he falls, the better our chances. 

You want to chip in and help? It wouldn’t be a bad idea, so here you go!

Democrats will win the Senate (only question is by how much)

No one should count their chickens before they hatch. This is not what I’m doing. What I’m saying is that if we keep doing what we’re doing, and that guy cowering in the bunker in the White House keeps doing what he’s doing, and Senate Republicans keep carrying water for the guy in the bunker … then yeah, Democrats will pick up the Senate. And I’m not going out on a limb in saying so. 

The big picture: Republicans currently hold a 53-47 majority in the Senate. Trump is going to lose. Therefore, Democrats need to pick up a net three seats to get to 50 seats, with the vice presidential tiebreaker putting the chamber in Democratic hands. 

We are probably going to lose the Senate seat in Alabama. That was a temporary gift won in a special election against a child molester. And we still barely won. In a normal year, against a normal Republican, with Donald Trump at the top of the ticket? If Democratic Sen. Doug Jones wins reelection, we’ve got a 60-seat majority landslide. So we assume he loses. 

The Daily Kos Elections crew just moved Arizona into “lean Democratic,” but that is probably still too kind.  

McSally (R) Kelly (D) Fox News (5/30-6/2) Highground (5/18-5/22) OH Predictive Insights (5/9-11)
37 50
41 51
38 51

Appointed Republican Sen. Martha McSally already lost in 2018, and the whole state of Arizona seems to be moving strongly against Republicans. In that Fox News poll, Democratic presumptive nominee Joe Biden is leading 46-42. 

In Colorado, no one is pretending that Republican Sen. Cory Gardner has any chance. Even he realizes it—he spent his impeachment time aggressively defending Trump in a state in which Trump will lose by double digits. And so will Gardner. Two polls in early March had former Democratic Gov. John Hickenlooper leading by 17 and 18 points. No one has wasted time polling there ever since. 

Maine Republican Sen. Susan Collins saw her “moderate” veneer shorn off after voting both to acquit Trump in his impeachment trial, and voting to confirm Brett Kavanaugh to the Supreme Court. A poll last month had Democratic candidate Sarah Gideon with a 51-42 lead. The race has been underpolled, but Collins ranks amongst the most unpopular senators in the country in a state that will solidly go blue this fall. She can’t count on ticket splitters anymore. 

And in North Carolina, incumbent Sen. Thom Tillis is looking weak, weak, weak:

Tillis (R) Cunningham (D) PPP (6/2-3) Meeting Street Insights (5/9-13) Civiqs (5/2-4) Meredith College (4/27-28)
41 43
44 46
41 50
34 44

Any incumbent below 45% is generally considered to be toast. People are looking for an alternative. 

Losing Alabama but winning Arizona, Colorado, Maine, and North Carolina gets us to a 50-50 Senate. At this stage of the cycle, given current trends, this is the most likely outcome. 

TIER TWO RACES

These are races in which Republicans currently have the edge, but are in play. 

Georgia has two Senate seats in play: a regular election and a special one. The only recent polling is courtesy of Civiqs, which found both Senate seats effectively tied. The reason the GOP has the edge is that Georgia has a Jim Crow-era law that requires candidates to win with 50% of the vote. If none get it in November, the top two vote-getters advance to a runoff election in January. 

Historically, the GOP has done much better in those runoff elections. I suspect this time will be different, but gut feelings don’t trump history. This is a true tossup for both seats. 

Montana pits an incumbent Republicans against the current popular Democratic governor. Montana is notoriously difficult to poll, but the only one to try recently—a sketchy-looking Montana State University effort—had Democrat Steve Bullock ahead 46-39. Trump will win the state, so we’re relying on ticket splitters to carry the day. Luckily, 1) Montana has a long history of split tickets—it currently has a Democratic governor and Democratic U.S. Senator despite being solidly red at the presidential level, and 2) Trump’s approvals in Montana have been in a steady decline over the last 12 months, from a net +12, to +4 today. And the worse Trump does in the state, even if he wins it, the fewer crossover votes Bullock needs to win. 

Depending on how these two states shake out, the Democrats can end up anywhere from the barest 50-50 majority to a better-looking 53-47 one. 

TIER THREE RACES

Incumbent Iowa Republican Sen. Joni Ernst had appeared relatively safe earlier this year. Lily-white Iowa looked like another 10-point Trump win, and Ernst seemed to be doing whatever it was that was necessary to cruise to reelection. But the coronavirus has hit Iowa hard, and the trade wars with China have hammered its farmers. And now, any hope of a positive resolution has evaporated as Trump has decided to blame China for his own failures. In fact, Trump’s approvals are underwater in Iowa 47-50, according to Civiqs’ daily tracker. 

Polling has been scant, but just yesterday Public Policy Polling released a poll showing the Democratic challenger up 45-43. Civiqs has a poll in the field right now and we’ll have results next Tuesday or Wednesday. This one may be soon graduating to the second tier. 

Kansas. Kansas! Yes, Kansas. I explain Kansas here. Botton line: It’s tough, but given Kansas’ high education levels and an ongoing civil war between the state Republican Party’s moderate and crazy wings, we have a shot. 

Texas also gets included in this tier. Incumbent Republican John Cornyn isn't as hated as Ted Cruz, who was almost defeated in 2018. And there is no public polling to give us a sense of the state of this race. But the state is trending blue, and a Public Policy Polling poll released today showed the state a 48-48 tie in the presidential election. Honestly, not sure I buy it, not without additional confirmation. But the demographic trends are certainly in our favor. Have they moved enough to put this Senate seat in contention? I’m hopeful but skeptical.  

TIER FOUR RACES

These are races in which we have great candidates who are raising buttloads of cash, but they are in tough Republican states. 

In Kentucky, odious Republican Sen. Majority Leader Mitch McConnell is unpopular, but 1) he delivers more bacon than anyone else in the Senate—Kentucky is the ultimate mooch state, and 2) Kentucky gives Trump some of his highest approval ratings in the country (a rough count says seventh highest). 

Those are some pretty strong headwinds to fight no matter how good your candidate is and how much money she has. 

And in the same vein, South Carolina’s Lindsey Graham is protected by the partisanship of his state—the only one on both coasts that gives Trump a positive approval rating. Civiqs has the race tied 42-42, but undecideds are heavily Republican and the state suffers from extreme racial polarization. Southern whites, in general, just don’t vote Democratic. 

The Senate will be at least 50-50. Our job is to drag as many of these races across the finish line as we can. Can we make it 55-45? Or even more than that? 

Donate to our slate of Senate races. And if you live in any of these states, fight hard! 

Powerful former Lindsey Graham donor backs his Democratic opponent, questions Graham’s ‘character’

Sen. Lindsey Graham’s vociferous attacks on Donald Trump in the months and weeks and days leading up to Trump’s November 2016 victory were well covered. Sen. Graham’s subsequent change of heart concerning Trump has also been a depressing reminder that integrity in Washington, D.C. is easily bought. But one big-time donor—and former member of Graham’s presidential campaign finance team—is fed up with spineless Republican operatives.

Richard Wilkerson, former chairman and president of Michelin’s Greenville, South Carolina-based North America operations, is fed up with Sen. Graham. A couple of weeks ago, Wilkerson told local news outlets that he was going to support Graham’s challenger, Jaime Harrison, for South Carolina’s Senate. At the time he said he believed Harrison was the right choice for South Carolina. Wilkerson based this on work the two had done to get stronger environmental regulations implemented in the state. On Monday, however, Wilkerson elaborated on his change of allegiance, penning a scathing op-ed in the Greenville News that really laid bare how low his opinion of Sen. Graham has fallen.

Wilkerson explained that while he does not normally make a habit of discussing his political opinions publicly, the reaction to the news that he was supporting Harrison over Graham made him feel he needed to explain. Citing the various reactions to his support of Harrison—which ranged from positive to classic conservative misdirection attempts at boycotting Michelin tires—he said, “I suppose this person did not know that I retired eight years ago, but seems to want to punish the outstanding working people at the company I love.” Wilkerson writes that his decision was a heartfelt one and something he had been dealing with since Trump took office.

Specifically, Wilkerson began to wonder about Sen. Graham in relation to Donald Trump’s continuous attacks on then Sen. John McCain: “What is the character of a man who will not defend his best friend? If he won’t defend John McCain, why would I expect him to defend any of us in South Carolina?” Wilkerson highlighted Sen. Graham’s retreat into divisive politics, his support of the tax scam for the richest among us, and his most recent attacks on public safety: viciously fighting against a federal extension that would expand unemployment benefits to the growing tens of millions of Americans out of work due to the Republican mishandling of the COVID-19 pandemic. Wilkerson writes that he ended his support of Graham a couple of years ago, and wrote to the Senator telling him that “I no longer recognized him as the man I once supported.” 

Help rid America of Mitch McConnell’s stranglehold over the Senate by chipping in what you can.

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Sen. Graham has been facing this music for a couple of years now as time after time, he has failed every test of integrity and character that has come his way during this administration. Sen. Graham’s about face from the impeachment trial of former President Bill Clinton to the recent impeachment of Donald Trump was a never-ending stream of video clips exhibiting how flimsy Graham’s political “ideals” really are. His opponent, Harrison, has taken advantage of this hypocrisy in his campaign for Graham’s seat.

The political field is filled with all kinds of hypocrites. The pressure and speed with which someone will step all over their principles for power is a frequent topic of discussion on both sides of the political spectrum. In recent years, with the rise of Donald Trump to the top of the Grand Old Party, the degree to which Republicans have publicly compromised their previous positions and opinions has been staggering. While not surprising to those of us paying attention, it has been somewhat shocking to people who may not have realized how desperate for power so many people really are.

Morning Digest: Coronavirus leaves Virginia GOP unsure how to hold House nominating conventions

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.

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Leading Off

VA-05, VA-07: Republicans in Virginia’s 5th and 7th Congressional Districts had planned to pick their nominees at April 25 party conventions, rather than in June's primary, but Republicans leaders are still deciding how to proceed in light of the coronavirus.

All of this uncertainty is causing plenty of angst in the 5th District, where freshman Rep. Denver Riggleman faces a challenge from the right from Campbell County Supervisor Bob Good. Riggleman even speculated to Roll Call that, if the process gets out of hand, Team Red won’t even have a nominee in this 53-42 Trump seat. National Republicans will also be keeping a close eye on the 7th District, where plenty of candidates are competing for the right to take on freshman Democratic Rep. Abigail Spanberger.

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For now, the only things that anyone knows are that the April 25 conventions won’t be happening as planned, but that Republican voters in these two seats still won’t be selecting their candidates through a primary. The 5th District GOP recently posted a memo saying that it's not permissible at this point to switch from nominating candidates at a convention to the state-run primary, which is on June 9.

Ben Slone, who runs the 7th District GOP, told Roll Call’s Stephanie Akin that his group would discuss what to do on Thursday. All he would say about alternatives to the convention, though, was, “We have a set of contingency plans that will be invoked depending on guidance and government health dictates.”

Melvin Adams, who runs the 5th District GOP committee, also told Akin that they would be talking next week about moving the convention date, and he was more forthcoming with his plans. Adams said that he’d hoped to move the event to June 6, which is the weekend before the statewide primary.

However, Riggleman and his supporters say that Adams has been promoting another option if it’s still not safe to hold a convention by then, and it’s not one they like at all. Riggleman said the 5th District Republican Committee, which has fewer than 40 members, could end up picking the party’s nominee, and Adams didn’t deny that this was a possibility. Indeed, this is how Riggleman got chosen as Team Red’s candidate two years ago after Rep. Tom Garrett ended his campaign after winning renomination. That was a very different set of circumstances, though, and an unnamed Riggleman ally on the committee said that, if this ends up happening this year, “I think it would be unfair. It’s a very undemocratic process.”

There’s another huge potential drawback to using this method. Riggleman said that party rules require a candidate to earn the support of at least two-thirds of the district committee, which raises the possibility that no one could end up with the GOP nod. And even if someone claims a supermajority, the congressman argued, it’s possible that the state Republican Party won’t recognize this person as the rightful nominee. Indeed, an unnamed former state party official told Roll Call that the committee only picked the candidate last cycle because their nominee had dropped out, and that “[c]hanging to a process where Republican voters don’t have a voice would be against the party plan and potentially against state law.”

Riggleman himself sounds quite unhappy with this whole state of affairs, saying that he wanted a primary instead of “a convoluted convention process that is collapsing under the weight of this crisis.” Riggleman already had reasons to be wary about party leaders, rather than voters, choosing the nominee here. The congressman infuriated plenty of social conservatives at home in July when he officiated a same-sex wedding between two of his former campaign volunteers. This quickly resulted in a homophobic backlash against him, and local Republican Parties in three small 5th District counties each passed anti-Riggleman motions. It also didn’t escape notice that the convention was supposed to be held at Good’s church.

Riggleman’s path to a second term could be even more perilous if the 5th District Committee ends up choosing the nominee, especially since its chairman sounds very frustrated with him. “I know the congressman and some of his staff and other people have been putting out false information, or at least implying this committee is trying to rig things,” Adams said. “This committee is not trying to rig things.”

Democrats, by contrast, opted to hold a traditional primary in June, and so Team Blue doesn’t have anything like the mess that’s haunting the 5th District GOP. Democrats have several notable contenders running here, and while it will still be tough to flip a seat that Trump won by double digits, GOP infighting could give the eventual nominee more of an opening.

Election Changes

Alaska: Alaska's Republican-run state Senate has unanimously passed a bill that would allow Republican Lt. Gov. Kevin Meyer to order that the state's Aug. 18 downballot primaries be conducted entirely by mail. (The lieutenant governor is Alaska's chief election official.) However, Republicans blocked an attempt by Democrats to require that the state provide dropboxes where voters can return their ballots, an option that is very popular in states that have adopted universal voting by mail, in part because it obviates the need for a postage stamp and avoids the risk of delayed mail return service.

The bill now goes to the state House, which is controlled by a Democratic-led coalition that includes Republicans and independents. The Alaska Daily News says that Republican Gov. Mike Dunleavy is "expected" to sign the measure "speedily" if both chambers pass it.

Indiana: Indiana's bipartisan Election Commission has unanimously waived the state's requirement that voters who wish to vote absentee in June's presidential and downballot primaries provide an excuse in order to do so.

Nebraska: Election officials in Nebraska say there are no plans to delay the state's May 12 presidential and downballot primaries, but at least half a dozen counties—including the three largest—will send absentee ballot applications to all voters, while a number of other small counties had previously moved to all-mail elections prior to the coronavirus outbreak. In all, more than half the state will either receive absentee applications or mail-in ballots, including all voters in the state's 2nd Congressional District, a competitive district that features a multi-way Democratic primary.

Nevada: Republican Secretary of State Barbara Cegavske and local election officials from all 17 Nevada counties have announced plans to conduct the state's June 9 downballot primaries almost entirely by mail. Every active registered voter will be sent a postage-paid absentee ballot that they can return by mail or at an in-person polling site, of which each county will have at least one. Importantly, these voters will not have to request an a ballot. At least one in-person polling place will also be available in each county.

Ballots must be postmarked or turned in by Election Day, though they will still count as long as they are received up to seven days later. Officials will also contact any voter whose ballot has an issue (such as a missing signature), and voters will have until the seventh day after the election to correct any problems. Cegavske's press release wisely cautions that, under this system, final election results will not be known until well after election night, though this is a point that officials across the country will have to emphasize loudly and repeatedly as mail voting becomes more widespread.

One potential issue with Cegavske's plan, though, is that registered voters who are listed as "inactive" on the voter rolls will not be sent ballots. However, as voting expert Michael McDonald notes, these voters are still eligible to vote, and every election, many do. While they can still request absentee ballots on their own, they now face an obstacle that active voters will not. Approximately 14% of Nevada's 1.8 million registered voters are on inactive status.

Ohio: Lawmakers in Ohio's Republican-run legislature unanimously passed a bill extending the time to vote by mail in the state's presidential and downballot primaries until April 28, and Republican Gov. Mike DeWine has said he will sign it "soon." There would be limited in-person voting only for people with disabilities or special needs, and voters would also be able to drop off absentee ballots in person on that day, but ballots would have to be mailed by April 27 and be received by May 8 in order to count. However, voting rights groups have expressed serious reservations about the plan and say they may sue.

Under the bill, the state would send postcards to voters explaining how to request an absentee ballot application. Voters would then have to print out applications on their own, or request one be mailed to them, and then mail them in—they cannot be submitted online. They would then have to mail in their absentee ballots (though these at least would come with a postage-paid envelope).

Voting rights advocate Mike Brickner notes that there is very little time left to carry out this multi-step process, particularly because each piece of mail would be in transit for several days. In addition, printing all of these materials, including the postcards that are designed to kick off this effort, will take considerable time, especially since government offices, the postal service, and print shops "may not be operating optimally," as Brickner observes.

Pennsylvania: Pennsylvania's Republican-run legislature has unanimously passed a bill to move the state's presidential and downballot primaries from April 28 to June 2. Democratic Gov. Tom Wolf has said he will sign the measure.

Wisconsin: The city of Green Bay has filed a lawsuit asking that a federal judge order Wisconsin officials to delay the state's April 7 elections until June 2 and to extend its voter registration deadline to May 1. (The deadline for registering by mail has already passed, but voters can still register online through March 30 thanks to an earlier order by a different judge.) Green Bay has also asked that it be allowed to cancel in-person voting and mail ballots to all registered voters.

Senate

MI-Sen: The GOP firm Marketing Resource Group is out with a new survey giving Democratic Sen. Gary Peters a 42-35 lead over Republican John James, which is an improvement from the incumbent's 43-40 edge in October. The only other poll we've seen this month was an early March survey from the GOP firms 0ptimus and Firehouse Strategies that gave James a 41-40 advantage.

ME-Sen: The Democratic group Majority Forward has announced that it's launched a new six-figure ad campaign supporting state House Speaker Sara Gideon. The spot praises Gideon's work securing millions for coronavirus testing, as well as workers and small businesses.

SC-Sen: Democrat Jaime Harrison is out with a poll from Brilliant Corners that shows GOP Sen. Lindsey Graham leading him by a small 47-43 margin. The only other survey we've seen in the last few weeks was a late February Marist poll that showed Graham up 54-37.

Gubernatorial

WV-Gov: The GOP firm Medium Buying reports that GOP Gov. Jim Justice launched his first ad of 2020 last week, and we now have a copy of his commercial. The ad begins with a clip of Donald Trump at a rally saying, "My good friend, and your governor, Jim Justice," before the narrator jumps in and praises the incumbent as a conservative Trump ally.

Former state Commerce Secretary Woody Thrasher, by contrast, has been running commercials since June of last year, and he's out with another one ahead of the May GOP primary. Thrasher tells the audience that the coronavirus is creating hardships for West Virginia, and that the state "needs to be proactive in terms of its reaction to this crisis, not reactive the way we have been so many other times." Thrasher then lays out his plan for helping the state economically during the pandemic.

Thrasher doesn't mention, much less directly criticize, Justice's handling of the situation, but he still argues that the state isn't doing enough. "Our president is being very proactive in terms of dealing with those issues," Thrasher says, "We need to follow suit and be proactive as well." He concludes, "It's time for the state of West Virginia to get something done."

House

IN-05: In an unusual move, retiring Rep. Susan Brooks' office publicly told businesswoman Beth Henderson to stop saying that Brooks had recruited her or even given her any special encouragement to run at all. "Susan talked with all Republican candidates who called her and expressed an interest in running in the 5th District to share her insights about representing this district," a Brooks aide said. "Some candidates did not call her." Brooks has not taken sides in the crowded June GOP primary to succeed her.

However, Henderson made it sound like the congresswoman was pulling for her back in February when she declared, "Susan Brooks encouraged me to run." The candidate put out a statement this week insisting that she and Brooks "have had a couple conversations regarding the Fifth district. She has been encouraging throughout my campaign, as I imagine she has been with other candidates as well."

The Indianapolis Star also obtained a voicemail from an unidentified person raising money for the Henderson campaign who said, "Susan actually recruited Beth to run for her, and we are working hard to raise funds to ensure that that happened." Henderson's team acknowledged that this person was affiliated with the campaign but insisted that none of that was included in the script that caller was given.

MI-13: Detroit City Council President Brenda Jones announced Wednesday that she would seek a primary rematch against Democratic Rep. Rashida Tlaib, who is one of the most high-profile members of the House freshman class. Jones, who briefly held this seat for a few weeks in the lame-duck session of the last Congress (more on that later), kicked off her campaign with a video declaring that she was “running for re-election” to this safely blue seat.

While Jones didn’t mention Tlaib in that message, she argued in a new interview with the Detroit News that her opponent has “spent a lot of her energy in places other than the 13th District.” Jones said that, unlike the congresswoman, “I will be totally focused on the 13th District, being the third-poorest district in the United States.”

Jones and Tlaib have a lot of history. Thanks to some very unusual circumstances, they even faced off three separate times in 2018. That August, Michigan held two different Democratic primaries on the same day for this seat: one for a special election for the final months of former Rep. John Conyers' term, and one for the regular two-year term. Jones had the support of Detroit Mayor Mike Duggan and some unions, but she had trouble raising money. Tlaib, by contrast, didn’t have as many prominent local endorsements, but she decisively outraised each of her many opponents.

Tlaib narrowly beat Jones 31-30 in the six-way primary for the full term. However, there were only four candidates on the ballot in the special election primary, and in that race, it was Jones who edged Tlaib 38-36.

The two candidates who were only on the ballot for the regular term, state Sen. Coleman Young II and former state Rep. Shanelle Jackson, took a combined 18% of the vote, so their absence in the special primary likely had an impact. Jones, Young, and Jackson, along with more than half the district's residents, are black, while Tlaib is of Palestinian descent (only 4% of residents identify as Arab American). It's therefore probable that the presence of two additional African American candidates in the regular primary but not in the special primary made the difference between the two close outcomes.

Jones, however, didn't relish the idea of serving just a few weeks in the House and wound up launching a last-minute write-in campaign against Tlaib for the general election. It was a misguided move, though, as she took just 0.32% of the vote. Jones and then-Speaker Paul Ryan ended up working out an apparently unprecedented agreement that allowed Jones to serve a few weeks in the House without resigning as head of the Detroit City Council, letting her take a hiatus from that post until Tlaib was sworn in in January of 2019.

Tlaib immediately earned national attention on her first day in office when she said of Donald Trump, "[W]e're going to impeach the motherfucker," and she’s been in the headlines plenty since then. Most notably, Trump targeted Tlaib and the three other women of color who make up “The Squad” with a racist tweet in July. Thanks to her celebrity, Tlaib has done well in raising money from progressives across the country, ending last year with a hefty $1.2 million on-hand.

Tlaib, who has been a prominent Bernie Sanders surrogate, has her share of intra-party critics and recently inflamed some of them when she booed Hillary Clinton at a Sanders campaign event in January in Iowa. Jones, however, has her own issues, particularly as a longtime supporter of Louis Farrakhan, the anti-Semitic head of the Nation of Islam, even sharing the stage with him at a 2017 event in Detroit.

If Jones has any reservations about Farrakhan—whose lowlight reel includes gems like, “The Jewish media has normalized sexual degeneracy, profanity, and all kinds of sin,” and, “In Washington right next to the Holocaust Museum is the Federal Reserve where they print the money. Is that an accident?"—she hasn't put them on display. Rather, just last month, her chief of staff said that Jones was sponsoring a resolution commending Farrakhan’s newspaper, which ran a piece Farrakhan wrote in 2016 saying that the Sept. 11 attacks were “a false flag operation,” for its “truthful articles.” For his part, Farrakhan himself singled Jones out for praise in a speech in Detroit two years ago.

TN-01: State Rep. Timothy Hill announced on Tuesday that he was joining the August GOP primary for this safely red open seat. Hill has served in the state legislature for four terms, and he's risen to become chair of the Commerce Committee.

Senate Intelligence chair warns fellow Republicans that Biden probe is playing into Russia’s hands

Top Senate Republicans are moving ahead with an investigation into former Vice President Joe Biden, despite being warned by the Republican chair of the Senate Intelligence Committee that they may be playing directly into Russia’s hands.

Sens. Ron Johnson and Chuck Grassley, the heads of the Senate Homeland Security and Finance committees, are targeting Biden as a continuation of Donald Trump’s efforts to rig the 2020 elections. On December 5, Politico reports, Senate Intelligence Committee Richard Burr told them that such an investigation could boost Russia’s efforts to destabilize the U.S. political system.

No less a Trump sycophant than Sen. Lindsey Graham, the chair of the Senate Judiciary Committee, echoes Burr’s concerns. “Any documents coming out of the Ukraine against any American, Republican or Democrat, need to be looked at by the intelligence services, who has expertise I don't because Russia is playing us all like a fiddle,” Graham said in early February. His committee is not joining the investigation into Biden.

Grassley, who refused to back impeachment trial witnesses, isn’t ruling out issuing subpoenas in this baseless and politically motivated investigation—an investigation Republicans didn’t launch when or anytime soon after Hunter Biden joined the board of Ukrainian gas company Burisma because they weren’t interested in damaging Joe Biden’s electoral prospects at that point. 

”We wait until we get all the information,” Grassley said. “I don’t want to threaten subpoenas until I know that they’re going to be used.” Presumably “all the information” includes whether Joe Biden looks like he could still become the Democratic presidential nominee.