Special counsel in the Hunter Biden case insists he was the ‘decision-maker’ in rare testimony

The prosecutor overseeing the Hunter Biden investigation testified Tuesday that he had the ultimate authority in the yearslong case as he made an unprecedented appearance before Congress to rebut Republicans' explosive claims that the probe has been plagued with interference.

Weiss' interview with the House Judiciary Committee marked the first time a special counsel has ever testified to lawmakers in the middle of a probe. He agreed to the unusual appearance under heavy pressure from House Republicans, who are looking to ramp up their impeachment inquiry into President Joe Biden and his family.

In his opening statement, Weiss told lawmakers he would not answer questions that could jeopardize the investigation and would only talk about the scope of his authority. “I am, and have been, the decision-maker on this case,” he told lawmakers. “I do not, however, make these decisions in a vacuum.”

He acknowledged being required to follow Justice Department guidelines and processes as well as federal law as he carries out his investigation. But those requirements “did not interfere with my decision-making authority,” he said.

No one at the Justice Department, including U.S. attorneys or the tax division, blocked or prevented him from pursuing charges or taking other necessary steps in the investigation, Weiss said.

Lawmakers leaving the interview with Weiss described it as “tedious” and “a waste of time” as the federal prosecutor was bound by Justice Department rules that limit his ability to talk about an ongoing investigation.

“Mr. Weiss was here in incarnate, but not particularly in spirit,” Rep. Matt Gaetz, R-Fla., said during a lunch break. He added that any questions Republicans had about the investigation, Weiss would “demure and say that it was just part of his deliberative process.”

Democrats accused Republicans of trying to interfere with the Hunter Biden investigation by bringing Weiss in to testify.

“This is unprecedented. You never interrupt a prosecution with congressional hearings. This is the first time it’s ever happened,” Rep. Glenn Ivey, D-Md., said after leaving the interview. “And the fact that he can answer your questions is an obvious byproduct of that because he doesn’t want to do anything or say anything that will disrupt a criminal prosecution.”

The rare move by the Justice Department to allow Weiss' testimony before the conclusion of an investigation indicates just how seriously the department is taking accusations of interference.

The interview came after months of back-and-forth negotiations between Republicans on the Judiciary Committee and the Justice Department after lawmakers subpoenaed several investigators and attorneys involved in the Hunter Biden case.

In July, Weiss, looking to correct the record of what he and the department see as a misrepresentation of the investigation, agreed to come to Capitol Hill but only if he was able to testify in a public hearing where he could directly respond to claims of wrongdoing by Republicans.

The Justice Department remained willing to have Weiss testify publicly even after the implosion of a plea agreement with Hunter Biden that could have effectively closed the case, but said he couldn't make more than one appearance in the near term. The two parties ultimately agreed on a closed-door interview with both Democratic and Republican members and their respective staff.

The interview on Tuesday focused on testimony from an Internal Revenue Service agent who claimed that under Weiss, the investigation into the president’s son was “slow-walked” and mishandled. Weiss, who was originally appointed by then-President Donald Trump, has denied one of the more explosive allegations by saying in writing that he had the final say over the case.

And he did so again behind closed doors on Tuesday when he denied bowing to political pressure in the five-year-long investigation, saying the decisions have been based on “the facts and the law.”

“Political considerations played no part in our decision-making,” he said.

Weiss added that he did not feel the need to request special counsel status until August and when he did it was quickly granted by Attorney General Merrick Garland. Like other special counsels, he will prepare a report at the end of his investigation that’s expected to be publicly released.

Two other U.S. attorneys from Washington and California testified in recent weeks that they didn’t block Weiss from filing charges in their districts, though they declined to partner with him on it.

But the IRS whistleblower, who testified publicly over the summer, insists his testimony reflects a pattern of interference and preferential treatment in the Hunter Biden case and not just disagreement with their superiors about what investigative steps to take.

Questions about Hunter Biden’s business dealings overall have been central to a GOP-led impeachment inquiry into the president. That’s been led in part by Judiciary Committee Chairman Jim Jordan, who had a prominent role in the questioning Tuesday.

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Sen. Fetterman zings GOP: ‘America is not sending their best and brightest to Washington’

While Sen. John Fetterman of Pennsylvania may not boast the sartorial resplendence of, say, Jacketless Jim Jordan or disgraced former whatever-that-was Donald Trump—whose chichi Queen-meetin’ duds appeared to shrink in real time before our infinitely astonished eyes, threatening to pop his skull off his torso like a wonky Kirkland champagne cork—it’s fair to say he’s a more serious legislator than every current Republican member of Congress.

Granted, it’s not a high bar, but Fetterman’s style, such as it is, certainly must give Republicans fits. They’re continually getting owned by a guy who looks like he just spent the day bowling with Willie Nelson’s roadies. He may not be a sharp dresser, but he sure as shit has a sharp tongue. And that ample sass was on full display Wednesday night on “The Late Show with Stephen Colbert.”

RELATED STORY: Sen. John Fetterman gives moving speech at disability hearing

After praising Fetterman for his excellent meme game, Colbert asked if it can be awkward running into the resultant smoldering heaps in the halls of Congress. After all, he never had that problem with Dr. Mehmet Oz, whose proud New Jersey guts he left on the abattoir floor after unceremoniously dispatching him last fall.

Watch:

Senator @JohnFetterman is known for his devastating memes and after tonight, maybe his one liners!#Colbert pic.twitter.com/dRagmB1HXd

— The Late Show (@colbertlateshow) October 12, 2023

COLBERT: “Is it awkward to be in the Capitol and then run into people that you have put up a devastating meme about, because you’ve got excellent meme game. But then you have to see these people in the cafeteria.”

FETTERMAN: “Ah, no, it’s … you all need to know that America is not sending their best and brightest to Washington, D.C. Like, sometimes you literally just can’t believe these people are making the decisions that are determining the government here. It’s actually scary, too. And, you know, before the government almost shut down—I mean, it came down to a couple hours. I was in my office, and they finally came over from the House, and they’re like, okay, well, this has to be unanimous in the Senate, and out of 99 of us, if one single one of us would have said no, the whole government would have shut down. That’s how dangerous that is to put that kind of power in one tent, because you have some very ... less gifted kinds of people there that are willing to shut down the government just to score points on Fox.”

Of course, it’s somewhat ironic that the man who’s perhaps most responsible for Congress’ current dysfunction has gone out of his way to criticize Fetterman’s clothing. Last month, as Rep. Matt Gaetz was preparing to shove ex-Speaker Kevin McCarthy out to sea on an ice floe, he joined convicted criminal and well-known fashion plate Steve Bannon to discuss Fetterman’s clothing choices.

Here’s how that went:

The evidence against Joe Biden is overwhelming. A first-year law student could win this case for impeachment before a fair jury. Unfortunately, the United States Senate isn’t a fair jury. It’s full of fashion icons like John Fetterman. While the Senate will be the platform,… pic.twitter.com/LsWyNrhsjW

— Rep. Matt Gaetz (@RepMattGaetz) September 13, 2023

BANNON: “Congressman Gaetz, I can tell you from my sources around Washington, D.C., they’re blaming you [for the impeachment inquiry]. They’re saying McCarthy was rattled by you. He knew you were going to make the speech today, he knew it was going to be powerful, he knew you would put him on notice, and put him on the clock, and this is why he ran out and made the hostage video. Your response and observations, sir.”

GAETZ: “First of all, that is the best dressed we have ever seen John Fetterman. His shirt had both buttons and the entire pant was not elastic. There were elastic features, but it was not exclusively elastic. And so, I don’t know what tent store he bought that muumuu at, but it appears to be new and I am grateful that he is really upping his game in that regard ...”

BANNON: [Giggles with glee while curb-stomping irony to death with his dandruff-mottled joggin’ Crocs.]

RELATED STORY: 'Do your job, bud': There's a lot to learn from Fetterman's takedown of Gaetz

And then there’s the X (formerly known as Twitter) account of RNC Research, which represents the party of former Rep. Louie Gohmert—who once asked if the National Forest Service could change the moon’s orbit to fight climate change. (It can, of course, but it’ll run into miles of red tape and face fierce resistance from the powerful and entrenched original-moon-orbit lobby.) Those super-geniuses responded with this: 

John Fetterman, completely unironically: "America is not sending their best and brightest, you know, to Washington, D.C." pic.twitter.com/9ExRRSBs3X

— RNC Research (@RNCResearch) October 12, 2023

For the nontweeters:

John Fetterman, completely unironically: "America is not sending their best and brightest, you know, to Washington, D.C."

“Completely unironically?” Well, yeah. He can say such things entirely unironically. Did Fetterman force Fitch to downgrade the U.S. government’s credit rating? Did he bring us within a hair’s breadth of shutting the government down (yet again) for no good reason? Does he fight against urgently needed climate change legislation? Or support giving the already obscenely wealthy every tax break they ever wanted, and then some?

No? Then what the fuck is RNC Research even talking about? His hoodie?

Republicans have no ideas and nothing substantial to run on. They’ve replaced coherent policy with pointless chaos—and it shows. Fetterman is just stating the obvious, and doing so with an impish glint in his eye.

Maybe in 100 years or so, baggy shorts and hoodies will be de rigueur on the floor of the Senate, and then our government will be able to focus on the really important issues—like staying open. That said, it’s becoming ever-more obvious that good-faith Republicans will never come back into style.

RELATED STORY: Republicans ignore national security to go DressCon 1 over Fetterman's casual attire

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Rep. Nancy Mace’s attention-seeking escalates with ‘Scarlet Letter’ stunt

Rep. Nancy Mace has always courted media attention. But now she’s taking it to the next level, seeking to remake herself fully in the mold of Reps. Lauren Boebert, Matt Gaetz, and Marjorie Taylor Greene. In fact, on Tuesday evening she pulled a stunt that made those three look almost subtle.

Mace had been one of the eight Republican votes to remove Kevin McCarthy as speaker of the House, a prominent role she clearly relished. McCarthy’s ouster necessitated a candidate forum as Republicans try to decide on his replacement. Mace wasn’t going to be overshadowed by some piddling little candidate forum: She showed up in a top with a giant red “A” on it.

Mace: I’m wearing the scarlet letter after the week I had being a woman and being demonized for my vote and voice. pic.twitter.com/guVpxGHUq7

— Acyn (@Acyn) October 10, 2023

“I’m wearing the scarlet letter after the week that I just had last week, being a woman up here and being demonized for my vote and for my voice,” Mace said, giddy self-regard coming off of her in waves. “I’m here to let the rest of the world know, the country know, I’m on the side of the people, I’m not on the side of the establishment, and I’m going to do the right thing every single time no matter the consequences, ‘cause I don’t answer to anybody in D.C., I don't answer to anyone in Washington, I only answer to the people.”

In Nathaniel Hawthorne’s “The Scarlet Letter,” Hester Prynne is forced to wear a scarlet “A” for “adultery.” In Mace’s case, of course, the “A” is for “attention.” You have to suspect that over the weekend she rewatched the Emma Stone movie "Easy A"—and missed the point of that as thoroughly as she did of “The Scarlet Letter.”

Until now, Mace’s bids for attention have largely been for moments where she criticized her party as too extreme, such as calling on Republicans to find a “middle ground” on abortion or saying she held Donald Trump accountable for the Jan. 6 attack on the U.S. Capitol (although she did not actually hold him accountable when it came time to vote on impeachment). Back in January, as McCarthy sought the speakership, she described Gaetz as a “political D-lister” and a “fraud” trying to fundraise off of his opposition to McCarthy. That has changed.

Mace’s “whee, look at me” attire on Tuesday followed an appearance with Gaetz on former Trump adviser Steve Bannon’s podcast last week, and a Fox News appearance in which she violated House ethics rules by fundraising on live TV while at the Capitol. She then made a Sunday appearance on “Face the Nation” in which she touted her support for Rep. Jim Jordan as the next speaker, waving off his efforts to overturn the 2020 election and allegations that he ignored sexual abuse of Ohio State University wrestlers when he was a coach there. One of Mace’s earlier efforts to appear as the moderate corrective to her party’s extremism on abortion included talking about her experience as a rape survivor, but when it comes to Jordan having enabled sexual abuse of college athletes he was coaching, Mace’s response was, “I don't know anything, and I don't know anything about it.”

Mace has always been a standout even among House Republicans in her attention-seeking. Now, as the Supreme Court considers whether Mace’s district was made more safely Republican in an illegal racial gerrymander, she’s gone into overdrive. She’s trying way too hard to create a new political persona for herself in the space of a week. Mace survived a 2022 primary challenge, but she could be in for another in 2024, and potentially in a more challenging district. If she’s pulling out the scarlet letter in October 2023, what will she have escalated to by the time the 2024 election rolls around?

Sign if you agree: No more MAGA circus. Hakeem Jeffries for speaker.

Gaetz does not think highly of Republican effort to impeach Biden

It’s emerging that Rep. Matt Gaetz really does not think highly of House Republicans’ drive to impeach President Joe Biden. This seems like the kind of thing Gaetz would be very excited about, but—like many observers—he can see that his fellow Republicans are not doing a very good job of it. That came out during the floor fight to oust Kevin McCarthy as speaker. Gaetz rebuffed House Judiciary Committee Chair Jim Jordan’s defense of McCarthy’s leadership by saying, “It's hard to make the argument that oversight is the reason to continue when it sort of looks like failure theater.” As it turns out, Gaetz had aired similar complaints days earlier at an online fundraiser with Rep. Matt Rosendale and former Trump adviser Steve Bannon.

“I don’t believe that we are endeavoring upon a legitimate impeachment of Joe Biden,” Gaetz said in the Bannon-moderated discussion. “They’re trying to engage in a, like, ‘forever war’ of impeachment,” he added. “And like many of our forever wars, it will drag on forever and end in a bloody draw.”

That’s not all. Gaetz also said, “I just don’t get the sense that it’s for the sake of impeachment. I think it’s for the sake of having another bad thing to say about Joe Biden.”

At the fundraiser, Gaetz claimed he wasn’t criticizing Jordan or House Oversight Chair James Comer, and when NBC News asked him about his comments at the fundraiser, he responded, “Kevin wasn’t serious. Jim Jordan is.” Apparently, the whole “failure theater” thing was not an accusation against the people conducting the failure theater; it was somehow McCarthy’s fault. That’s very convenient for Gaetz as he tries to move forward while many of his fellow Republicans are furious at him. He says Jordan is serious, but he obviously doesn’t think much of the overall effort—so how is he going to reframe his view of it going forward?

Now, this is Matt Gaetz. It’s not that he doesn’t want to attack the Bidens. His favored way that Jordan and Comer could show they were serious and not just engaged in “failure theater” would be to subpoena Hunter Biden, something he brought up both at the fundraiser and on the House floor. How would bringing Hunter Biden in to deny that his father had been involved in his business dealings move things along when several witnesses have testified that the president was not involved in his son’s business? It’s unclear. It kind of sounds like Gaetz just wants to torment the younger Biden in person.

If Gaetz thought Republicans had anything, he’d doubtless be sprinting in front of the cameras to loudly call for an impeachment vote. But right now, he’s not seeing it. He can talk all he wants about how McCarthy wasn’t serious and Jordan is, but Jordan and Comer have been leading the investigations that look like an illegitimate impeachment, failure theater, a forever war of impeachment. And he’s absolutely right in every one of those descriptions.

Sign the petition: No to MAGA impeachment. Focus on what matters.

Republicans turn on Gaetz: ED medication and energy drinks?

Rep. Matt Gaetz engineered the historic ouster of Kevin McCarthy as House speaker this week, and while his fellow House Republicans are training most of their ire on Democrats for not bailing McCarthy out, there is some anger left over for Gaetz.

On Tuesday and Wednesday, some Republicans suggested Gaetz should be expelled from the party conference. Rep. Garret Graves said action against Gaetz would be “pursued in the conference,” while Rep. Mike Lawler told reporters he backed the move, and also that he’d like to have hit Gaetz “square between the eyes” with the speaker’s gavel. Rep. Don Bacon also backed expulsion, saying Gaetz is “not a Republican.”

Graves claimed, without evidence, that Gaetz “just got schooled by AOC and others; he was totally manipulated into doing this.” As if Republicans can’t manufacture their own disarray.

None of this was quite as startling as what Oklahoma Sen. Markwayne Mullin had to say about Gaetz, though.

Mullin, who overlapped with Gaetz in the House for several years, cited the investigation into Gaetz related to sex trafficking of a teenager and echoed the 2021 reports that Gaetz bragged about his sexual escapades on the House floor:

Mullin: Gaetz bragged about how he would crush E.D. Medicine and chase it with energy drinks so he could go all night pic.twitter.com/MbbG1nvryc

— Acyn (@Acyn) October 5, 2023

This is a guy that didn’t have, the media didn’t give the time of day to after he was accused of sleeping with an underage girl, and there’s a reason why no one in the conference came and defended him—because we had all seen the videos he was showing on the House floor, that all of us had walked away, of the girls that he had slept with. He would brag about how he would crush [erectile dysfunction] medicine and chase it with an energy drink so he could go all night—this is obviously before he got married—and so, when that accusation came out, no one defended him and no one on the media would give him the time of the day.

All of a sudden, he found fame because he opposed the speaker of the House back in November, and he’s always stayed there. And he was never going to leave until he got this last moment of fame by going after a motion to vacate.

Those are some very specific allegations about the ED medicine and energy drinks. Gaetz, for what it’s worth, called it “a lie from someone who doesn’t know me and who is coping with the death of the political career of his friend Kevin.”

Mullin wasn't done. In a Newsmax interview, he again referred to “the stuff [Gaetz] would show on the floor and the stuff he would brag about on the floor,” and described Gaetz referring to now-South Dakota Gov. Kristi Noem as a “fine ---- … and you can put the B-word in place there.” Mullin also wasn’t the only Republican pointing to Gaetz’s sexual habits. Former Mike Pence chief of staff Marc Short, who is also a former chief of staff for the House Republican Caucus, told CNN’s Jake Tapper, “Matt Gaetz, to say he came here as a fiscal crusader—it’s more likely he came here for the teenage interns on Capitol Hill, to be honest.”

The fact that these allegations and characterizations of Gaetz are bubbling up suggests that even if no one has the nerve to try to get him expelled from the Republican conference—Rep. Marjorie Taylor Greene warned against it earlier in the week—or if such an effort fails, he will face continuing rumors and digs. As many people commented on social media following the Mullin comments, Gaetz may be about to get the Madison Cawthorn treatment, with one rumor, allegation, or video after another emerging to damage a Republican who’s become inconvenient to his party. Gaetz should probably be trying to remember what he has told which Republicans about his sexual habits—and if his bragging might come back to bite him.

Sign the petition: No to shutdowns, no to Biden impeachment, no to Republicans

Evening Brief: Breaking Point—McCarthy out, Trump on the edge

The cold war between House Speaker Kevin McCarthy and nihilist Freedom Caucus Rep. Matt Gaetz finally turned hot today, as the two faced off in an ouster vote.

McCarthy lost.

Democrats made it clear early in the day that they wouldn’t bail out McCarthy, pointing to his actions on Jan. 6, his sucking up to Donald Trump at Mar-a-Lago post-insurrection, his attempts to discredit the Jan. 6 committee, his sham Biden impeachment inquiry, his reneging on debt-limit deal, and his actions on national TV this past weekend, claiming Democrats wanted to shut down the government.

With McCarthy ousted (for now), we are in uncharted territory. Here’s what could happen. Unhappy House Republicans are reportedly already talking about expelling Gaetz from the House. Gaetz used Democratic votes to oust McCarthy, so it would be hilarious if Republicans then use Democratic votes to oust Gaetz. That would be bipartisanship we can all believe in! Democrats will happily assist Republicans in ousting any Republican they want, making the slim Republican House majority even slimmer.

Meanwhile, Donald Trump continued his unhinged tirades from a New York courtroom, where he continued to cry about the lack of jury trial. (His lawyers specifically didn’t request one. Was that a hilarious screwup, or was it done on purpose?) Trump also bizarrely claimed a courtroom clerk was Democratic Senate Leader Chuck Schumer’s “girlfriend,” leading the judge to issue a gag order on Trump. Shockingly, Trump seems to have backed down! He removed the offending social media post, offering a good lesson to all the other judges in all the other Trump cases on how to handle his volatile theatrics. Separately, the judge had to clarify that Trump’s claims of an important courtroom win were false. Trump isn’t winning anything at the moment.

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Republicans ditch McCarthy, first speaker ousted in American history

Holy crap, did we really just watch that happen? In a historic first, the U.S. House of Representatives voted to oust the speaker via a vote of the chamber. In the past, endangered speakers like Paul Ryan and John Boehner opted to quit or not run for reelection rather than face the ignominy of losing a vote by their peers.

But not former House Speaker Kevin McCarthy, who dared rebel Rep. Matt Gaetz to oust him. As “The Wire’s” Omar Little said, “You come at the king, you best not miss,” and Gaetz’s aim was true. With the help of gleeful Democrats, happy to pay McCarthy back for a legitimate list of grievances, McCarthy narrowly lost the vote 216-210, two votes more than the magic number of 214. It was only the second time in American history such a vote was attempted, and the first time it was successful.

This is, in the end, the ultimate Leopards Ate Face story.

It was clear from the very beginning of this House term that the Freedom Caucus was a nihilist group intent on tearing down the institution. They were ungovernable from the beginning, yet McCarthy, in a Faustian bargain, surrendered to them in order to achieve his big dream of holding the speaker’s gavel. And he did! He even got to stand behind President Joe Biden for a single State of the Union. But in the end, all it bought him was a historic humiliation.

Was it worth it, Kevin?

We are now in uncharted territory. Joan McCarter wrote about what could happen next.

One likely outcome is a vengeful effort by the majority of House Republicans to expel Gaetz from the House. Gaetz used Democratic votes to oust McCarthy. It would be hilarious if Republicans then use Democratic votes to oust Gaetz. That’s bipartisanship we can all believe in! Democrats will happily assist Republicans in ousting any Republican they want, making the slim Republican House majority even slimmer.

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But before we get there, Republicans will need to figure out how to elect a new speaker. Will McCarthy make another attempt? He certainly can’t do it with Republican votes, and if he didn’t cut a deal with Democrats to save his skin on Tuesday, why would he do so to get elected a second time? Is there another Republican that can unite the two Republican factions that clearly loathe each other?

Given the slim Republican majority, can Democrats somehow engineer a coup, getting Democratic Minority Leader Hakeem Jeffries elected speaker with the assistance of rebel Republicans? Over two dozen Republicans represent Biden-won districts. They wouldn’t even have to vote for Jeffries; they could just be unavailable for a day.

Jeffries is clearly open to the possibilities, as his latest statement shows

And heck, it’s clear that the Freedom Caucus longs to be in the minority. Their grift is so much more effective when facing off against a Democratic speaker, and as a bonus to the racist MAGA base, Jeffries is Black. They can raise a ton of money off being in the minority. It might literally benefit them to engineer a Jeffries speakership.

As for McCarthy, good riddance. Republicans are unable to take responsibility for their own actions, so the likes of former Rep. Tom Cole, Rep. Patrick McHenry, and Republican operative Brendan Buck were sure to claim it was Democrats that were sending our nation into turmoil because they wouldn’t bail McCarthy out. Democrats had no reason to help McCarthy, and he never offered them a deal to protect him. It’s always someone else’s fault with them!

Still, all Democrats had to do was point to McCarthy’s actions on Jan. 6, and his sucking up to Donald Trump at Mar-a-Lago days later, at a time when Trump was at his most politically vulnerable. McCarthy worked tirelessly to discredit the Jan. 6 committee, and he’s been complicit in the sham Biden impeachment inquiry—ironically designed to placate the same Republican nihilist caucus that ultimately ousted him. McCarthy also reneged on the debt-limit deal he made with Biden earlier in the year, and this weekend, he went on national TV to blame Democrats for wanting to shut down the government.

McCarthy is a pathetic man, groveling to the worst of his party, all in the raw pursuit of power. And in the end, he got exactly what everyone expected.

Wild ride ahead as Matt Gaetz gets his chance to oust McCarthy

UPDATE: Tuesday, Oct 3, 2023 · 3:32:51 PM +00:00 · Joan McCarter

“We are not voting in any way that would help save Speaker McCarthy … Nobody trusts Kevin McCarthy, and why should we?” — House Progressives Chair Rep. Pramila Jayapal (D-WA) after the Democratic Caucus meeting pic.twitter.com/QG1jc3Velv

— The Recount (@therecount) October 3, 2023

UPDATE: Tuesday, Oct 3, 2023 · 3:31:29 PM +00:00 · Joan McCarter

All of the reporting this morning from the Democrats’ meeting is of a unified conference that isn’t going to sit this out, and is not going to support McCarthy. The reasons: “McCarthy’s actions on Jan 6, his trip to Mar a Lago, his attempt to discredit the Jan 6 Cmte, his reneging on debt limit deal and his actions this weekend are all the reasons.”

UPDATE: Tuesday, Oct 3, 2023 · 3:27:59 PM +00:00 · Joan McCarter

Rep. Abigail Spanberger, Virginia, is one of the vulnerable Frontline Democrats, and often speaks for them. She’s definitely not going to help McCarthy.

“He’s a man who cannot be trusted. He’s a man who has excused the inexcusable time and time and time again. He is in this circumstance because he was willing to give up and negotiate anything to become speaker. So I think anyone who thinks it might be some sort of strategy for Frontliners to try and help McCarthy is kind of fundamentally misunderstanding the fact that to us, nothing is more important than our principles.’

Florida Rep. Matt Gaetz finally made good on his threats Monday afternoon, quietly filing his motion to oust House Speaker Kevin McCarthy. The rules of Congress say that the issue has to be dealt with within two days, though there are a few ways that can go.

McCarthy was typically, inexplicably confident Tuesday morning going into a closed-door meeting of his whole conference, telling reporters he was ready to have the motion come up Tuesday and following through in the meeting by informing members the vote will happen in the first vote series early Tuesday afternoon.

This is the first time since 1910 that the motion will be considered on the floor. It’s been threatened a few times since but never deployed, in part because it’s hard to pull off. It’s a simple majority vote, and the numbers are everything today—how many of Gaetz’s hard-liner supporters will vote with him, how many members are on the floor at the time, and where the Democrats land.

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House Democrats also met Tuesday morning to decide whether they give McCarty any help on this one. McCarthy reached out to Minority Leader Hakeem Jeffries Monday night but would not negotiate for his support. "They haven't asked for anything. I'm not going to provide anything," he said early Tuesday. McCarthy insists that the issue is not about him but about the institution, and that that should be enough for Democrats to help him out. “I think this is a question to the institution itself. I know in the past, the other leaders together believed that this should never be in play.”

In an MSNBC appearance Tuesday morning, Jeffries had no comment beyond saying, "We are in the midst of a Republican civil war and it is undermining the ability of the congress to solve problems on behalf of hardworking taxpayers.” Jeffries might ask for his members to vote—or abstain from voting—as a bloc, or tell them to vote their conscience. If it’s the latter, McCarthy should worry because Democrats have an extensive list of reasons why the man can’t be trusted, from his vote to overturn the 2020 election, to his reneging on the debt ceiling deal he made with President Joe Biden, to his capitulation to hard-liners on Biden’s impeachment. The capper happened Sunday, after Democrats saved his bacon by giving him the votes to avert a government shutdown. McCarthy went on “Face the Nation” and told host Margaret Brennan that Democrats “tried to do everything” to force a shutdown of the federal government.

So how will this go Tuesday afternoon? There are a few possibilities. They could put Gaetz’s motion immediately to a vote. From there, it’s up or down on McCarthy by a simple majority of those present and voting. Either he wins, or he loses. Or there could first be a motion to table Gaetz’s resolution, or to refer it to a committee that will bury it. If the motion to table passes, McCarthy survives. If it fails, they then vote on Gaetz’s motion, and we’re back to the simple majority to save him or boot him. He can afford to lose only four votes if every House member is present and voting.

As of Tuesday morning, Gaetz had three likely supporters: Reps. Bob Good of Virginia, Tim Burchett of Tennessee, and Eli Crane of Arizona. There were a handful known to be leaning toward booting McCarthy: Reps. Matt Rosendale of Montana, Dan Bishop of North Carolina, and Andy Biggs of Arizona.

You can follow along with all the action this afternoon in live coverage at Daily Kos.

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Matt Gaetz files motion to oust McCarthy. Will Democrats join the effort or save his hide?

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Will Democrats save Kevin McCarthy’s job?

The day after House Speaker Kevin McCarthy’s astonishing capitulation that allowed Democrats to once more save the day and keep the government funded, Rep. Matt Gaetz was in front of the cameras promising that he would move to oust McCarthy this week. It’s not clear how much support the Florida man has among the other hard-liners in the Republican conference, but it could be a dozen or more, according to House conservatives. That means McCarthy’s fate is absolutely in Democrats’ hands. He can survive only if Democrats help him, and as of now, they’re not inclined to do that.

President Joe Biden isn’t going to go out of his way to help, telling reporters that it’s up to House Democratic leadership to decide if they want to bail McCarthy out again. Biden then turned the screws on McCarthy with a direct statement telling McCarthy to step up on funding for Ukraine, which was left out of the stopgap government funding bill.

While the majority of Congress has been steadfast in their support for Ukraine, the bipartisan bill has no funding to continue it. We can't allow this to be interrupted. I expect the Speaker to keep his word and secure the passage of support for Ukraine at this critical moment.

— President Biden (@POTUS) October 1, 2023

House Minority Leader Hakeem Jeffries remains noncommittal. Last week, he told reporters his team hadn’t “given any thought to how to handle a hypothetical motion to vacate, because we are entirely focused on making sure that we avoid this extreme MAGA Republican shutdown.” On Sunday, Minority Whip Katherine Clark sent a letter to all House Democrats, putting them on notice that as soon as Gaetz drops his motion on the floor, there will be a “Caucus wide discussion on how to address the motion to best meet the needs of the American people,” and telling them to keep their schedules flexible so they “may be present for these important votes should they occur.”

It’s likely many Democrats will take their lead from House Speaker-emerita Nancy Pelosi, who has reportedly warned Jeffries and other Democrats against helping McCarthy, saying he can’t be trusted. Her advice has been to make the Republicans figure this out on their own. Democrats will, however, have to do something, even if it’s doing nothing.

Here’s how it works: Once Gaetz makes the motion to vacate, leadership has two days to schedule a vote on it. The motion to vacate is a privileged resolution, which means that it doesn’t have to go through the Rules Committee to be scheduled, and that it has to be considered once it’s put on the floor. There is an option, called the “Question of consideration,” that could be used to kill the vote. Any member can call for it, and if a majority votes to kill Gaetz’s motion, that’s how they’d do it.

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At that point, Democrats would have the option of helping Republicans by voting for the question and killing the motion to vacate, not voting or voting “present,” or voting against the question and with Gaetz. The problem for Republican leadership with this option is that it doesn’t stop Gaetz from coming back again and again with his motion to vacate. Because of that, Republican leadership might just decide to go ahead with the vote on McCarty’s ouster.

So here’s where the potential dealmaking with Democrats comes in, and so far, Democrats are playing it pretty smart. Gaetz has reached out to members of the Congressional Progressive Caucus, and at least one of them—Rep. Alexandria Ocasio-Cortez—says she’d “absolutely” vote for the motion to vacate.

However, she continued, there’s room for negotiation for Democratic help bailing McCarthy out. “I certainly don’t think that we would expect to see that unless there’s a real conversation between the Republican and Democratic caucuses and Republican Democratic leadership about what that would mean, but I don’t think we give up votes for free,” she said.

Another progressive, Democratic Rep. Rashida Tlaib of Michigan, told CNN that McCarthy has to be held to account for “pushing an extreme agenda and enabling extremists in his party” and therefore, “by refusing to support a motion to vacate, we are endorsing this extremism, and that is something that the residents in my district will not stand for. The American people are tired of the fact that the GOP is incapable of governing.”

That’s leverage—with enough of the progressives saying they’ll help Gaetz, McCarthy will need to negotiate. He’s opened the door on cutting a deal, saying, “I think this is about the institution. I think it's too important.” He’s also suggested that he’d consider changing the rules package to try to keep Gaetz from bringing the motion repeatedly.

Opening up the rules package could mean some significant changes to help the Democrats, including giving them additional seats on the powerful Rules Committee, where the Republicans have an outsized majority. They could argue for rules that allow more power-sharing.

That’s a start, since McCarthy has opened the door. But it’s not sufficient. Democrats should hold out for the maximum they can: funding for Ukraine, adherence to the budget agreement McCarthy and Biden agreed to earlier in the year, and ceasing the ridiculous Biden impeachment.

House Democrats saved the day on Saturday when 209 of them voted to keep the government operating. Just 126 Republicans stepped up to join them. Those competing numbers have to be thrown in McCarthy’s face every chance Democrats’ get—it’s leverage they have to use to the maximum.

Sunday Four-Play: Matt Gaetz vows to shiv Kevin McCarthy, and AOC says she may help

Wait, so Congress actually managed to pass a continuing resolution to keep the government open for another 45 days? And here two of the Sunday shows had already booked Matt Gaetz. This should be fun.

Will Gaetz 1) complain that this is brutally unfair to hardworking American taxpayers like Donald Trump and his next-door neighbor Vladimir, erm, Peterson, 2) introduce the world to his next wife, whose ultrasound photo he recently favorited on OkCupid, 3) slurp Jonathan Karl up like a hunk of Fazoli’s linguine while pugnaciously humming “Flight of the Valkyries,” or 4) promise to take another go at ruining the lives of millions of Americans who depend on government paychecks?

Or maybe he’ll be grilled about the Republicans’ fake impeachment of President Biden. In case you missed it, they held a hearing on Thursday that proved Joe Biden unconditionally loves his son. Republicans also called a witness who admitted there was no basis for impeachment. In other words, it was the shittiest shitshow you’ll ever see, even if you survive past the heat death of the universe. But hey, this is a resilient bunch. They can restart their impeachment crusade at another time. Maybe they’ll launch seven separate impeachment weeks before they eventually get bored and forget any of this ever happened.

Also, Kristen Welker is taking some time away from the 24/7 grind of undermining Western democracy. She’ll have to both-sides Donald Trump’s backyard orphans vs. puppies fight club some other time. “Meet the Press” has been preempted by NBC’s Ryder Cup coverage.

RELATED: Sunday Four-Play: The elephant in the room plops down on 'Meet the Press'

And as the House Judiciary GOP knows, if you can’t make up impeachable crimes, at the very least you can blame Joe Biden for our nation’s increasingly concerning golf gap

Joe Biden's America. https://t.co/hceMGeqgoq

— House Judiciary GOP 🇺🇸 (@JudiciaryGOP) September 29, 2023

Finally, will any of the shows mention that Donald Trump gave a speech on Friday that made Ozzy Osborne biting the head off a bat look like Demosthenes' Third Philippic?

Oh, yeah. It was bonkers, yo. Here’s just one excerpt of the team coverage from “The Weekly What in the Ever-Living Fuck Is This Now, Gladys?”

“All the currently dry canals will be brimming and used to irrigate everything, including your own homes and bathrooms and everything,” Trump promised drought-beleaguered Californians as trillions of Filet-O-Fish particles from past lunches circled his head in a state of superposition waiting to be observed and become a sandwich. “You’re going to be happy, and I’m going to get it done fast.”

When asked for clarification, a Trump campaign spokesperson said the former president’s comprehensive 10-point plan for irrigating your bathroom will be released in two weeks.

And now on to the (un)usual nonsense.

1.

Speak of the devil! No, really. Please speak of the devil. Summoning Satan to feast on my steaming viscera as I claw my gobsmacked face off with my newly gargoylish Howard Hughes hands for the rest of eternity might be preferable to transcribing this clip.

Gaetz broke news on the Sunday shows this week, announcing that he plans to punish House Speaker Kevin McCarthy for working with Democrats to ensure that 1.5 million hardworking Americans don’t immediately lose their paychecks for no reason

ABC News:

Hard-line Republican Rep. Matt Gaetz plans a vote this week to try and remove Speaker Kevin McCarthy from his role as punishment for McCarthy orchestrating a bipartisan stopgap government funding bill to stave off a shutdown, Gaetz said Sunday.

Removing McCarthy would essentially halt all legislative business in the House until a replacement is picked. It remains unclear if Gaetz currently has more than a handful of votes for such a dramatic move. McCarthy has dismissed the risk of a vacate motion.

"Bring it," he has said.

On Sunday, Gaetz responded, "Kevin McCarthy's going to get his wish."

Here’s Matt talking with Jonathan Karl of ABC’s “This Week” about his plans to shut down the House because Kevin didn’t agree to shut down the government:

“I am relentless and I will continue pursue this objective,” GOP Rep. Matt Gaetz tells @JonKarl of his push to vacate Kevin McCarthy as House Speaker. https://t.co/KInxWHwCkT pic.twitter.com/NOWDqfFwvA

— This Week (@ThisWeekABC) October 1, 2023

KARL: “So you’re not accomplishing anything here.”

GAETZ: “That’s not true.”

KARL: “Well, you don’t have the votes to remove him.”

GAETZ: “Well, I—by the way, I don’t know until we have him, and by the way, I might not have him the first time, but I might have him before the 15th ballot. That’s the number of ballots Kevin McCarthy needed.”

KARL: “So are you going to do this every day like you suggested? Are you going to go through this process of voting over and over and over again?”

GAETZ: “I am relentless, and I will continue to pursue this objective. And if all the American people see is that it is a uniparty that governs them and that it is always the Biden-McCarthy-Jeffries government that makes dispositive decisions on spending, then I am seeding the fields of future primary contests to get better Republicans in Washington who will actually tackle these deficits and debts.”

First of all, Matt Gaetz is pretty much the last person I want to hear say “seeding the fields.” Coming from him it just sounds gross. I can’t put my finger on it—it just does. It’s not the phrase itself necessarily. It’s his association with it. It might sound marginally less gross coming from a farmer, of course—even if that farmer was Ed Gein

Secondly, accomplishing nothing is kind of the whole point of Republicans, isn’t it? Matt is determined to hold the line on deficits when a Democrat is in the White House so he can choke the life out of the economy and return Dear Leader to his gilded throne. If he has to create unprecedented chaos to do so, that’s just gravy. 

RELATED: Sunday Four-Play: Auntie Maxine Waters scorches GOP, and Matt Gaetz makes a startling admission

2.

Speak of this other devil! House Speaker Kevin McCarthy appeared on “Face the Nation” with host Margaret Brennan to respond to Gaetz’s perduring and performative Trump-humping. Brennan asked Evil Opie what he thought of Gaetz’s shoving-nerds-into-gym-lockers style of governing, and McCarthy did his best to project a sense of calm.

McCarthy: Gaetz is more interested in securing TV interviews than doing something. He wanted to push us into a shutdown… only because he wants to take this motion. Bring it on, let's get over with it pic.twitter.com/XtCxh2PKrO

— Acyn (@Acyn) October 1, 2023

BRENNAN: “There is a lot to get to with you. I want to start, though, on the news this morning from Congressman Matt Gaetz who says he is going to seek a motion to vacate. He’s going to try to oust you as speaker of the House.”

MCCARTHY: “That’s nothing new, he’s tried to do that from the moment I ran for office.”

BRENNAN: “Well, this time he says he’s going to keep going. May not get there before the 15th ballot, but it took 15 for Kevin McCarthy. He says he’s coming for you. Can you survive?”

MCCARTHY: “Yes, I’ll survive. This is personal with Matt. Matt voted against the most conservative ability to protect our border, secure our border. He’s more interested in securing TV interviews than doing something. He wanted to push us into a shutdown, even threatening his own district with all the military people there who would not be paid, only because he wants to take this motion. So be it, bring it on, let’s get over with it [sic], and let’s start governing. If he’s upset because he tried to push us in a shutdown and I made sure government didn’t shut down, then let’s have that fight.”

Oh, boy! This should be fun. I’m sure y’all remember January’s protracted House speaker vote. It was like watching two greased hippos trying to screw on an elevator. Well, now we get to watch two hippos trying to screw on an elevator in reverse

BONUS CLIP!

McCarthy is still trying to blame Democrats for this 100% Republican-manufactured crisis.

McCARTHY: I wasn't sure it was gonna pass. You know why? Because the Democrats tried to do everything they can not to let it pass. BRENNAN: Democrats were the ones who voted for this! pic.twitter.com/kCLKW9WSJK

— Aaron Rupar (@atrupar) October 1, 2023

BRENNAN: “Were you confident we wouldn’t shut down?”

MCCARTHY: “I was confident I could get something on the floor to make sure the option that we would not ...”

BRENNAN: “But you weren’t sure it was going to pass.”

MCCARTHY: “Well, I wasn’t sure it was going to pass. You want to know why? Because the Democrats tried to do everything they can not to let it pass.”

BRENNAN: “Democrats were the ones who voted for this in a larger number than Republicans to keep the continuing resolution alive.”

MCCARTHY: “Did you watch the floor yesterday?”

BRENNAN: “Oh, yes, 90 Republicans voted against it.”

And … scene.

Thanks, Speaker McCarthy, and good luck. You’ll need it because …

3.

Gee willikers, Aunt Bee! Looks like Kevin isn’t going to get much help from Democrats! At least without having to give them something in return.

Rep. Alexandria Ocasio-Cortez joined Jake Tapper on CNN’s “State of the Union” and said she absolutely would vote to vacate the speaker’s chair. Because, you know, McCarthy really, really sucks.

AOC on CNN says she'd "absolutely" vote to oust McCarthy as speaker pic.twitter.com/Cl2ECx99jt

— Aaron Rupar (@atrupar) October 1, 2023

TAPPER: “So you just heard Congressman Matt Gaetz say he’s going to move to oust McCarthy as speaker this week. If a motion to vacate the chair comes to the floor, how would you vote?”

OCASIO-CORTEZ: “Well, my vote beginning this term for speaker of the House was for Hakeem Jeffries. And I do not intend on voting for a Republican speaker of the House, but I believe that it’s up to the Republican conference to determine their own leadership and deal with their own problems. But it’s not up to Democrats to save Republicans—from themselves, especially.”

TAPPER: “Do you think that there will be any Democrats that might vote to save McCarthy?”

OCASIO-CORTEZ: “I mean, I certainly don’t think that we would expect to see that unless there’s a real conversation between Republican and Democratic caucuses and Republican and Democratic leadership about what that would mean, but I don’t think we’d give up votes for free.”

TAPPER: “But would you vote to vacate? Would you vote to get rid of McCarthy as speaker?”

OCASIO-CORTEZ: “Would I cast that vote? Absolutely. I think Kevin McCarthy is a very weak speaker. He clearly has lost control of his caucus. He has brought the United States and millions of Americans to the brink waiting until the final hour to keep the government open, and even then only issuing a 45-day extension, so we’re going to be right back in this place in November. And, you know, I think that our main priority has to be the American people and we’re going to keep our governance in a cohesive and strong place, but unless Kevin McCarthy asks for a vote, again, I don’t think we give something away for free.”

McCarthy should have learned this universal maxim long ago: If you try to please everyone, you end up pleasing no one. And now everyone hates him. And he might lose his job. And likely go down as one of the worst and weakest House leaders in U.S. history. 

But hey, at least he got to be speaker! Much like Anne Boleyn got to be queen and Eva Braun eventually managed to wrangle a marriage proposal out of Hitler

RELATED: Sunday Four-Play: It's Chuck Todd's last day! And we're ridin' with Biden

4.

GOP Rep. Nancy Mace appeared on “Sunday Morning Futures” with Maria Bartiromo, whose show is roughly the journalistic equivalent of drinking from a firehose of curdled Yoo-hoo.

But even Fox News journalists are starting to wonder WTF Republicans are trying to accomplish with their Biden impeachment push, and so Bartiromo must have felt empowered to ask a legitimate question for once.

Of course, no matter how many different ways Republicans try to answer the question at the heart of their efforts—i.e., what did President Biden actually do that’s even remotely impeachable?—they still whiff every time.

BARTIROMO: Have you been able to identify specific policy decisions Joe Biden made that he was paid for? NANCY MACE: I have not had the ability to research that pic.twitter.com/HXnXNrGyNp

— Aaron Rupar (@atrupar) October 1, 2023

BARTIROMO: “Have you been able to identify specific policy decisions that Joe Biden made that he was paid for?”

MACE: “I have not had the ability to research that. I’ve been looking more at the LLCs, the bank records, all of the lies that Joe Biden has told, and what evidence we have so far in meetings, dinners, appointments, White House records, etc., phone messages, text messages, emails, etc., connecting the dots with Joe Biden.”

Oh, look! More nothing! Wait, this is the same nothing we’ve already reported on. Let’s find a fresh angle on this old pile of nothing and reintroduce it as a new pile of nothing! But don't rush us! It took us more than two years to dig up all this nothing, and nothing doesn’t grow on trees. You’ll just have to be patient. Like Job, that nice man from the Bible who did nothing wrong but was relentlessly harassed by Satan anyway.

For some reason that Bible story seems relevant right now. Much like the one where Jesus cast a legion of demons out of Donald Trump and into a nearby herd of pigs. Or maybe it was the other way around. I forget. It’s been a while since I darkened the door of a church, to be completely honest with you.

But wait! There’s more!

That’s all for now. Have a great, productive, and shutdown-free week!

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