Category: RichardBurr

Morning Digest: Why we won’t know the winner of New York’s mayoral primaries for weeks

Posted on by Daily Kos Elections

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

Leading Off

● New York City, NY Mayor: A final poll from Ipsos ahead of Tuesday's instant-runoff Democratic primary in New York City shows Brooklyn Borough President Eric Adams in a strong position to secure his party's nomination, in contrast with other recent polls that have shown one of his top rivals, former city Sanitation Commissioner Kathryn Garcia, prevailing in the end. But regardless of who's leading, it may not be until mid-July until we know who's actually won—more on that in a bit.

First, the new survey, which gives Adams the lead with 28% when it comes to voters' first-choice preferences, while 2020 presidential candidate Andrew Yang edges out Garcia 20-15 for second. This is the strongest performance in some time for Yang, the one-time frontrunner, but it's not good enough: Ipsos shows Adams beating him by a wide 56-44 spread in the seventh and final round of ranked-choice tabulations.

We've seen a few other polls in the last few weeks, and while they all agree that Adams is in striking distance to take the nomination, they're not united in designating him as the undisputed frontrunner. The best recent numbers for Adams prior to Ipsos' new data came from a Marist College poll conducted in early June that had him defeating Garcia 56-44 in the last round of tabulations.

Campaign Action

But those contrasted with Public Opinion Strategies' survey for the Manhattan Institute, a conservative think tank, that found Garcia narrowly beating Adams 52-48 after ranked-choice tabulations were complete. The Democratic pollster Change Research, on behalf of a pro-Garcia super PAC, showed something very similar, with Garcia triumphing over Adams in the end by a slim 51-49 margin.

One big challenge for pollsters is that New York City will be the largest jurisdiction in America to ever hold an instant-runoff election, and no one, including the candidates, is quite sure what to expect. Vividly illustrating the terra incognita this new system is uncovering, Yang and Garcia made news over the weekend by campaigning together, an alliance that would never come about in a traditional primary.

The accord however, didn't quite amount to a formal coalition: While Yang implored his voters, "Rank me No. 1 and then rank Kathryn Garcia No. 2," Garcia didn't ask her supporters to make Yang their second choice. (It's not clear why Yang assented to such a one-sided arrangement, but Garcia says his team "absolutely knew what I was gonna say.")

The joint appearances drew a furious response from Adams, who spent his final days accusing his rivals of banding together to stop New York City from electing its second-ever Black mayor. Attorney Maya Wiley, who is also Black, had a very different response, expressing her support for ranked-choice voting and condemning Adams' description of the alliance as a form of "voter suppression."

No matter what, though, we're very unlikely to know for sure who's won the Democratic nomination until mid-July. While votes will be tabulated Tuesday after polls close at 9 PM ET for ballots cast in-person during the early voting period and on Election Day, mail-in votes will not be counted until the week of July 12. The New York City Board of Elections said last month that the delay is a result of a state law that allows absentee votes to be received for up to two weeks after Election Day, and for voters to fix any minor errors.

Ranked-choice tabulations will not occur on election night but will instead start June 29. You'll notice that this date is long before the count of mail ballots will begin, raising the obvious question of why anyone would bother tabulating any instant-runoff scenarios before all votes are counted, since they won't be representative of the full electorate. (If there's a good explanation, we haven't heard it.)

Instant-runoff voting is also being used in other city primaries, including races for comptroller, borough president, and City Council, many of which are open due to term limits. A big exception, though, is the crowded race for Manhattan district attorney: Because the post is a state-level office, the ballot measure New York City voters approved in 2019 to establish ranked-choice voting doesn't apply, so the victor only needs a plurality to prevail.

Key elections in the rest of the state, including the Democratic primary for mayor of Buffalo, are also being conducted with plurality rules, so there's a better chance we'll know the winners of these races somewhat earlier, though delays in processing mail ballots still apply.

Senate

● AK-Sen: Donald Trump has endorsed former Alaska cabinet official Kelly Tshibaka in her quest to dethrone Republican Sen. Lisa Murkowski, whom Trump has long despised for her insufficient fealty. Tshibaka once wrote approvingly of "conversion therapy" and hasn't answered questions as to whether she still believes in the discredited practice herself. On a now-defunct personal blog, she also warned that the "Twilight" series of vampire books and movies "is evil and we should not read or watch it" because it "leaves us open to the enemy's attacks."

● MO-Sen: Attorney Mark McCloskey, who is seeking the Republican nomination for Senate, pleaded guilty late last week to a misdemeanor assault charge after he and his wife brandished firearms at a group of Black Lives Matter demonstrators. McCloskey paid a $750 fine and surrendered the weapon he pointed at protestors last year, but he said immediately after his sentencing that "I'd do it again" and quickly purchased a new rifle that he proudly showed off on social media.

Meanwhile, it looks like we can rule out Republican Rep. Blaine Leutkemeyer for this race: A spokesperson told The Missourian that the congressman "has no interest in pursuing other offices."

● NC-Sen: File this one under endorsements you don't want—if you're running in a GOP primary: Retiring Sen. Richard Burr, who was one of seven Republicans who voted to convict Donald Trump at his second impeachment trial, just described former Gov. Pat McCrory as "the only one in the race that can win the general election" in next year's Senate race in North Carolina. It's not clear whether McCrory actually considers Burr's comments to be a formal statement of support, but the surest sign we can look for is whether rival campaigns try to use this against him at some point.

● PA-Sen: Montgomery County Commission Chair Val Arkoosh earned an endorsement on Monday from EMILY's List ahead of next year's Democratic primary for this open seat. Arkoosh is the only woman running a serious campaign for Team Blue's nomination, and that looks unlikely to change now that Reps. Madeleine Dean and Chrissy Houlahan have both taken their names out of contention.

Governors

● AL-Gov: State Auditor Jim Zeigler said Monday that he was forming an exploratory committee for a potential Republican primary campaign against Gov. Kay Ivey, but don't mark him down as a candidate yet. Zeigler took this very action back in 2018, but he ended up staying out of that contest for governor. The auditor said later that year that he'd formed an exploratory committee for a 2020 Senate race, but he never so much as filed FEC paperwork afterwards.

● AZ-Gov: Former Rep. Matt Salmon unveiled an endorsement Monday from extremist Rep. Andy Biggs for next year's Republican primary. It's hardly a surprise that Biggs decided to back his predecessor in Congress: Back in 2016, Salmon issued a retirement announcement that caught almost everyone off guard except Biggs, who immediately entered the House race with Salmon's endorsement.

● CA-Gov: Democratic Gov. Gavin Newsom is out with a trio of TV ads as part of what Politico says is a $3 million opening reservation ahead of the unscheduled recall vote, and while the first spot touts his accomplishments, the other two take aim at his many far-right enemies.

One commercial begins, "The same Trump Republicans who refuse to accept the presidential election are back, passing voter suppression laws across the country. Now, they've set their sights on California." As footage of the Jan. 6 attack on the Capitol plays, the narrator declares, "Different tactics, same assault on democracy."

The final ad, which is running in Spanish, makes many of the same arguments while also focusing on a figure closer to home. The narrator reminds viewers that a recall organizer named Orrin Heatlie wrote that his allies "supported tracking immigrants with microchips."

● ID-Gov: Far-right anti-government militant Ammon Bundy, who unsuccessfully tried to file paperwork for a gubernatorial bid last month, has now officially kicked off his campaign for the GOP nomination. (For what it's worth, that filing snafu appears to be have been resolved, since Bundy's campaign is now listed as "Active" on the Idaho secretary of state's website.)

Bundy is best known for leading an armed occupation of the Malheur National Wildlife Refuge in Oregon in 2016, in protest of federal land management policies. While other militants were convicted of charges in relation to the occupation, Bundy himself was acquitted. Yet despite his reputation, Bundy may not be the most extreme candidate in the race, since he's competing with Lt. Gov. Janice McGeachin for the title. Both are challenging incumbent Gov. Brad Little, who has yet to declare for re-election.

● MD-Gov: Nonprofit executive Jon Baron announced Monday that he was joining the crowded Democratic primary for this open seat. Baron, who formed an exploratory committee back in March, is a former official in the Clinton-era Department of Defense who went on to serve on boards and commissions during the Bush and Obama administrations, though this is his first run for office.

Baron later worked as vice president of Arnold Ventures, a group supported by a billionaire couple that describes its mission as "invest[ing] in evidence-based solutions that maximize opportunity and minimize injustice." The nonprofit was in the headlines last year after it launched a program where it attempted to reduce crime by flying drones over Baltimore; Baron says he had nothing to do with this controversial initiative, which ended after six months.

● NJ-Gov: Farleigh Dickinson University has put out the first poll of New Jersey's gubernatorial race conducted after the June 8 primary and finds Democratic Gov. Phil Murphy up 48-33 on former Republican Assemblyman Jack Ciattarelli. A poll taken by Rutgers shortly before the primary had Murphy ahead 52-26.

● OR-Gov: On Friday, Yamhill County Commissioner Casey Kulla became the first elected official to announce a campaign for the Democratic nomination for this open seat. Kulla, who works as a farmer, won his first campaign in 2018 in his county, which is located southwest of Portland.

● WI-Gov: Despite (or perhaps because of) her caginess, Wisconsin political observers have been quite certain for some time that former Lt. Gov. Rebecca Kleefisch would challenge Democratic Gov. Tony Evers next year, and new remarks she made over the weekend have them more convinced than ever. At a gathering on Saturday night, Kleefisch referred to a slew of Republican voter suppression bills and said that, with a different governor in office, "I can tell you she will sign them on day one"—with an emphasis on the word "she," according to the Journal Times' Adam Rogan. Still, there's no word on when she might announce.

House

● FL-07: A trio of Florida Republican congressmen have endorsed Army veteran Cory Mills' bid against Democratic incumbent Stephanie Murphy: Neal Dunn, Brian Mast, and Greg Steube.

● GA-06: Republican Jake Evans announced Monday that he was resigning as chair of the Georgia ethics commission ahead of what the Atlanta Journal-Constitution says is his anticipated campaign against Democratic Rep. Lucy McBath.

● MO-04: On Thursday, Cass County Commissioner Ryan Johnson became the second Republican to enter the race to succeed incumbent Vicky Hartzler, who is giving up this safely red seat in the west-central part of the state to run for the Senate. Johnson joins former state Sen. Ed Emery in what could be a crowded contest.

Johnson, who is a veteran of the Army and Coast Guard, previously worked for another Missouri Republican congressman, Sam Graves, before he helmed the dark money group Missouri Alliance for Freedom. Johnson won elected office for the first time last year when he narrowly unseated an incumbent in the primary.

● NM-02, Where Are They Now?: President Joe Biden announced Friday that he was nominating former Democratic Rep. Xochitl Torres Small for a position at the Department of Agriculture, a move that ends speculation that she could instead try to retake her old seat from Republican incumbent Yvette Herrell. The current version of the 2nd District in southern New Mexico backed Donald Trump 55-43, but Democrats could shift it to the left now that they're in charge of the redistricting process for the first time in decades.

Attorneys General

● TX-AG: Former state Supreme Court Justice Eva Guzman announced Monday that she would take on scandal-plagued incumbent Ken Paxton in next year's Republican primary for attorney general.

Guzman, who was the first Latina to serve on the body, joins a nomination fight that also includes Land Commissioner George P. Bush, who has a terrible relationship with the party's nativist base. She refrained from going after Bush on his attempts to renovate the Alamo, though, and instead argued that she's the only Paxton challenger who has the experience and credibility to hold this post.

Guzman almost certainly lacks the name recognition of both her foes, though she did enter the race with an endorsement from Texans for Lawsuit Reform, which the Texas Tribune describes as "the powerful tort reform group that supported Paxton for attorney general in the 2014 and 2018 general elections." A primary runoff would take place if no one earns a majority of the vote in the first round.

Other Races

● Staten Island, NY Borough President: Former Rep. Vito Fossella's lethargic comeback campaign picked up an endorsement over the weekend from Donald Trump ahead of Tuesday's instant-runoff Republican primary.

Fossella, who retired from Congress in 2009 after the public learned about his second family, faces two intra-party opponents: New York City Councilman Steven Matteo, who has the backing of the borough's Republican Party and a number of police unions, and former borough party chair Leticia Remauro, who has the Conservative Party in her corner. Four Democrats are also competing for an office that has been in GOP hands since the 1989 election.

Republicans run into early headwinds in two critical Senate races

Posted on (Updated by Kerry Eleveld

Last year, Senate Republicans were already feeling so desperate about their upcoming midterm prospects that they rushed to wish Sen. Chuck Grassley of Iowa a speedy and full recovery from COVID-19 so that he could run for reelection in 2022. The power of incumbency is a huge advantage for any politician, and Republicans were clinging to the idea of sending Grassley—who will be 89 when the '22 general election rolls around—back to the upper chamber for another six-year term.  

GOP fortunes have improved slightly since then, with historical trends improving their midterm prospects since Democrats now control the White House and both chambers of Congress. But the Senate map is still a long ways away from a gimme for Republicans, and several recent developments have brought good news for Democrats. 

The first of those is a new poll from the Des Moines Register showing that nearly two-thirds of Iowa voters (64%) believe "it's time for someone else" to hold Grassley's seat versus the 27% who want to see the octogenarian reelected to an eighth term. Women voters were especially brutal, with seven out of ten saying they were ready to give Grassley the heave-ho.

Grassley's numbers with GOP voters lagged too, with just 51% committing to supporting him again, while just 7% of Democrats and 23% of independents agreed. Grassley's overall job approval clocked in at a meager 45%; it's his lowest level since 1982.

The poll, conducted by Selzer & Co., upends Republican thinking that another Grassley run could help safeguard the seat. In fact, Grassley may be a liability in the general election, or GOP primary voters may choose an alternative. In any case, Iowa's Senate race could prove more competitive than Republicans had hoped. 

Meanwhile, the GOP primary race for North Carolina's open Senate seat has been scrambled by Donald Trump's surprise endorsement of hard-right Congressman Ted Budd, according to Politico. Following Trump's input at the state party convention earlier this month, former North Carolina governor-turned-Senate candidate Pat McCrory rushed to dismiss the endorsement as falling "flat" in the room.

Now, retiring GOP Sen. Richard Burr is coming to McCrory's rescue, reportedly arguing both publicly and privately that he is "the only one in the race" who can win the seat statewide. “Pat McCrory has a commanding advantage," Burr told Politico.

Burr, one of seven Republican senators who voted to convict Trump of impeachment charges, also took a swipe at Trump's rationale, or lack thereof.

“I can’t tell you what motivates him," Burr said of Trump. "I’ve never seen individuals endorse a candidate a year before the primary. That’s unusual.”

Judging by Budd's own internal polling, Burr has a point. McCrory enjoys far higher statewide name recognition, and he's leading Budd by about two dozen points, 45%-19%. Another Republican contender, former Rep. Mark Walker, garners just 12% of the vote, with 23% still undecided. 

McCrory, who has been meeting with GOP senators to make his case, is running as an establishment Republican. Budd obviously occupies the Trump lane now. It's a scenario that could easily leave one side or the other feeling resentful depending on which Republican prevails, and any result on the GOP side could wind up depressing at least some general election turnout among Tar Heel Republicans.

But that’s the least of the GOP’s worries, according to McCrory’s camp, which is intent on catastrophizing the ultimate result of a Budd primary win.

“If Republicans want a majority in the U.S. Senate, they will nominate Pat McCrory,” said McCrory adviser Jordan Shaw. “Otherwise, Democrats are going to take this seat and keep the majority."

Morning Digest: How Ossoff and Warnock ran up the score to turn Georgia blue and flip the Senate

Posted on by Daily Kos Elections

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

Leading Off

● Senate-by-CD: With Democrats officially regaining control of the Senate on Wednesday, Daily Kos Elections is pleased to release the results of Georgia's Jan. 5 regular and special Senate runoffs, as well as the contest that same day for state Public Service Commission, for each of the state's 14 congressional districts. To help you follow along, we've put together a sheet with the results of each of these contests, as well as the 2020 presidential race.

Raphael Warnock defeated appointed Republican Sen. Kelly Loeffler 51.0-49.0 in a special election for the final two years of former Republican Sen. Johnny Isakson's term, while fellow Democrat Jon Ossoff beat Republican Sen. David Perdue by a slightly narrower 50.6-49.4 in the contest for a regular six-year term. At the same time, though, Republican incumbent Bubba McDonald won re-election to the Public Service Commission by fending off Democrat Daniel Blackman 50.4-49.6.

Warnock, Ossoff, and McDonald each won the same six Democratic-held House seats that now-President Joe Biden took two months before when he was winning 49.5-49.3, while the remaining eight Republican-controlled constituencies voted for all of the GOP's statewide candidates. However, there were some notable differences in how each of these four Democrats performed that we'll briefly discuss.

Campaign Action

Ossoff ran ahead of Biden's November margin in 10 of the 14 seats, while Warnock outran Biden in 11, though in the runoffs, of course, there were no third-party candidates. The one seat where Warnock did better than Biden by margin but Ossoff didn't is the Atlanta-based 5th District, which is held by freshman Democratic Rep. Nikema Williams, though the differences were extremely small.

Ossoff and Warnock's biggest overperformance compared to Biden was in Democratic Rep. David Scott's 13th District in the southwestern Atlanta suburbs, where the two ran about 4-5 points ahead of the top of the ticket. Interestingly, both Senate candidates also eclipsed Biden in the 7th District, a historically red seat in the northeast Atlanta area that Democrat Carolyn Bourdeaux flipped last year.

A bit surprisingly, both Ossoff and Warnock did a little better in the 7th than in Democratic Rep. Lucy McBath's 6th District, another former conservative stronghold in the Atlanta suburbs that has swung hard to the left in recent years. This seat also represented the largest underperformance for both Senate candidates compared to Biden, just as it did in November, despite the fact that Ossoff ran in the famous 2017 special election here; on Jan. 5, Ossoff trailed Biden by 6 points and Warnock trailed him by five.

Warnock also ran ahead of Ossoff in all 14 congressional districts. The largest gap was in the 6th District, where, as noted just above, Warnock did two points better, while the smallest was in Republican Rep. Buddy Carter's 1st District in the Savannah area, which saw almost no difference.

One important reason the two Democrats prevailed is that, while turnout unsurprisingly dropped from November to January in every congressional district, Team Blue was better able to mobilize its voters for the second round. As our map shows, Perdue hemorrhaged votes in heavily Republican seats, while Ossoff's dropoff was smaller in the very blue districts that ring Atlanta.

In fact, the site of Perdue's second-worst falloff (by just a hair) was rural northwest Georgia's 14th District, the new home of notorious insurrectionist Rep. Marjorie Taylor Greene—and the site of an election eve rally by a certain resident of Mar-a-Lago. There, in what should have been the heart of GOP country, Perdue's turnout plummeted 12.5%.

Turning briefly to the race for Public Service Commission, Blackman ran behind Biden in 11 districts. The largest source of Democratic downballot underperformance was again in the 6th District, which may indicate that this area has plenty of voters who have turned against the GOP in presidential races but are still open to supporting Republicans in other races. Blackman's best seat compared to Biden was, like Warnock's and Ossoff's, also the 13th District.

Senate

● CA-Sen, GA-Sen-A, GA-Sen-B: In one of her first acts after being sworn in on Wednesday, Vice President Kamala Harris in turn administered the oath of office to the Senate's three newest Democratic members: Alex Padilla of California and Jon Ossoff and Raphael Warnock of Georgia. With that act, the Senate returned to full strength, with 50 Democrats and 50 Republicans, but because of Harris' tie-breaking vote, Democrats retook control of the chamber. As a result, New York Sen. Chuck Schumer was elevated to the post of majority leader, making him the first Jewish person to hold the job.

Both Padilla and Warnock will go before voters again in 2022, while Ossoff will not face re-election until 2026.

● FL-Sen, FL-01: Rep. Matt Gaetz, a leading insurrectionist and peddler of the lie that left-wing forces were responsible for the Jan. 6 riots at the Capitol, says he has "no interest" in running against Sen. Marco Rubio in next year's Republican primary after a GOP official at the other end of the state talked up the idea to a local reporter. However, Gaetz added that he "would consider running" for state Agriculture Commissioner, a post currently held by Democrat Nikki Fried. If Gaetz were to seek a promotion, that would prompt an open-seat race for his heavily red 1st District, located in the Florida panhandle.

● NC-Sen: The New York Times reported on Tuesday that, just hours before the new administration took office, the Justice Department told Republican Sen. Richard Burr that it would drop an investigation into allegations that he engaged in insider trading last year after receiving classified briefings as chair of the Senate Intelligence Committee. The paper says, however, that a parallel SEC inquiry may still be ongoing. Burr long ago announced that he would retire next year, but last month he ever-so-slightly re-opened the door to a bid for a fourth term.

Governors

● AK-Gov: Activists seeking to recall Republican Gov. Mike Dunleavy, who put their campaign on hold last year when the coronavirus made signature-gathering very difficult, say they plan to restart their effort with vaccination now underway. Organizers say they will seek to collect petitions both by mail and safely in person.

Before pausing, recall proponents said they'd obtained almost 50,000 signatures, meaning they'd need at least 22,000 more to hit the threshold required to commence a recall election. If successful, officials would have to schedule an election 60 to 90 days after all signatures are verified, a process that can take up to 30 days. A bipartisan coalition kicked off the process in 2019, furious with Dunleavy's draconian budget cuts, including a retaliatory reduction in funds for the Alaska Supreme Court after it ruled against him in an abortion rights case.

While Dunleavy is on the ballot in 2022, one organizer explained the renewed push by saying, "There's so many things, so many reasons why two more years is way too long." If Dunleavy is ultimately removed from office, Lt. Gov. Kevin Meyer, a fellow Republican, would take his place.

● NE-Gov: State Sen. Brett Lindstrom recently told the Lincoln Journal Star that he was leaning towards running to succeed his fellow Republican, termed-out-Gov. Pete Ricketts, but that he wouldn't be making any announcements until the legislative session ends in late May.

Lindstrom, who played as a walk-on for the University of Nebraska's football team in the early 2000s, got his start in electoral politics in 2012 when he ran against then-Rep. Lee Terry in the GOP primary for the 2nd Congressional District, a contest where Terry prevailed 59-23. Lindstrom successfully won an Omaha area state Senate seat two years later, and as the online magazine Ozy wrote in a 2017 profile, he's occasionally defied his party's far-right orthodoxy.

Lindstrom was the crucial vote to repeal the death penalty in Nebraska during his first year in office, a stance that led to at least one death threat. (Ricketts and his allies successfully promoted a ballot measure to reinstate capital punishment.) Lindstrom also backed workplace protections for LGBTQ people and voted to override Ricketts' veto of a gas tax.

House

● OH-11: Former state Sen. Shirley Smith announced this week that she would enter the Democratic primary if there's a special election to succeed Rep. Marcia Fudge, who is President Joe Biden's nominee for secretary of Housing and Urban Development. Smith joins ex-state Sen. Nina Turner, Cuyahoga County Councilwoman Shontel Brown, and former Cleveland City Councilman Jeff Johnson in the contest for this safely blue seat which, according to new Daily Kos Elections data, backed Biden 80-19.

Smith has a long career in Cleveland politics going back to her 1998 election to the state House and her subsequent service in the upper chamber. Smith was termed-out in 2014 and ran for Cuyahoga County executive, but she lost the Democratic primary to the eventual winner, Armond Budish, by a 56-20 margin.

● WY-AL: Rep. Liz Cheney, the third-ranking Republican in the House, just earned a primary challenge from state Sen. Anthony Bouchard as a result of her vote to impeach Donald Trump last week. Bouchard slammed Cheney in his kickoff, saying her "long-time opposition to President Trump and her most recent vote for impeachment shows just how out of touch she is with Wyoming."

The Casper Star-Tribune describes Bouchard as a gun activist and says he's "built a reputation in the Wyoming Legislature as one of its most conservative members." Politics1 also reports that on social media, Bouchard has been "a vocal fan" of two of the most extreme Republican members of the House, Marjorie Taylor Greene and Lauren Boebert.

Legislative

● Special Elections: Here's a recap of Tuesday's special election in Alabama:

AL-HD-33: Republican Ben Robbins defeated Democrat Fred Crum 68-32 to hold this Sylacauga-area seat for the GOP. This district became vacant when former Rep. Ron Johnson died last year. Robbins' victory was a very slight improvement for Team Red from Johnson's 67-33 win in his final race in 2018.

This makeup of this chamber is now 76-28 in favor of Republicans with one other seat vacant.

Prosecutors

● Criminal Justice: 2021 will feature contests for district attorney and sheriff in a number of major counties, and the Appeal's Daniel Nichanian is out with a detailed preview of what to watch this year as criminal justice reformers look to make more inroads and defend influential allies.

One early test will take place on May 18 in Philadelphia, Pennsylvania, where one of the most prominent reformers in the country, District Attorney Larry Krasner, faces a challenge in the Democratic primary from former prosecutor Carlos Vega. Vega has been a loud critic of the incumbent, whom he argues has been running "an experiment that is costing the lives of our children." The winner of the Democratic nomination should have no trouble in the November general election in this heavily blue city.

Another very high-profile race is also underway in Manhattan, where the winner of the June 22 Democratic primary will also be the heavy favorite. Incumbent Cy Vance has yet to announce if he'll seek a fourth term, but New York City politicos almost universally expected him to retire even before they learned he'd raised just $2,000 during the second half of 2020.

Eight fellow Democrats are currently competing to replace Vance, and with the exception of attorney and former prosecutor Liz Crotty, all of them have pitched themselves as progressives who will bring much needed changes to the office. There's no obvious frontrunner at the moment in what's already an expensive race.  

There's plenty more to watch across the country this year, and you'll want to check out Nichanian's preview of this year's major criminal justice contests.

Grab Bag

● Where Are They Now?: Defense One reported Tuesday that former Rep. Max Rose, a Democrat who lost his bid for a second term last year in New York's 11th District, would take a job in the Biden Defense Department as an advisor on COVID-19. Rose, who previously served in the Army in Afghanistan, does not require Senate confirmation.  

● Where Are They Now?: On his way out the door, Donald Trump issued pardons to three former Republican congressmen who had been convicted in a trio of unrelated public corruption scandals: Arizona's Rick Renzi, California's Randy "Duke" Cunningham, and North Carolina's Robin Hayes. Trump also commuted the sentence of former Detroit Mayor Kwame Kilpatrick, a Democrat who had served six years of a 28-year sentence for corruption.

Senator’s cellphone seized amid federal investigation of stock trades made ahead of COVID-19 spread

Posted on by Jessica Sutherland

Months after it was revealed that he had made dozens of questionable stock trades ahead of a global pandemic—and advised wealthy constituents to do the same—Republican Sen. Richard Burr of North Carolina had his cellphone seized by federal agents Wednesday night. The agents were at the senator’s Washington, D.C., residence.

Burr, who is a member of the “Gang of Eight” and the chair of the Senate Intelligence Committee, sparked scrutiny in mid-March after making 33 transactions in February, that rid him of a significant chunk of his stock portfolio and netted him anywhere between $628,000 and $1.72 million, according to the Los Angeles Times. The transactions came after briefings on the potential impact of the novel coronavirus from the U.S. Department of Health.

While NPR broke the story about the private warnings to rich Tar Heels, ProPublica was the first to report on the selloff. 

ProPublica’s analysis indicated that the Feb. 13 selling spree was Burr’s “largest selling day of at least the past 14 months.”

As the head of the intelligence committee, Burr, a North Carolina Republican, has access to the government’s most highly classified information about threats to America’s security. His committee was receiving daily coronavirus briefings around this time, according to a Reuters story.

A week after Burr’s sales, the stock market began a sharp decline.

[...]

Burr is not a particularly wealthy member of the Senate: Roll Call estimated his net worth at $1.7 million in 2018, indicating that the February sales significantly shaped his financial fortunes and spared him from some of the pain that many Americans are now facing.

The newest and wealthiest member of the Senate, Georgia’s Kelly Loeffler, also got in on the secret selloff, making 29 transactions that add up to millions.  It’s worth noting that Burr is just one of three senators (and the only one still in office) who voted against the 2012 STOCK Act, which, as McClatchy puts it, “explicitly prevents members of Congress and their staffs from using nonpublic information for insider trading.”  Both the FBI and the DOJ have refused comment, as has Burr’s team; however, as the LA Times notes, the search warrant indicates “a significant escalation” in the investigation into Burr’s possible violation of the STOCK Act.

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

Posted on by Laura Clawson

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.

14 Republicans who voted to impeach, convict, and remove Clinton will vote to acquit Trump today

Posted on by Meteor Blades

This afternoon, Senate Republicans will vote almost certainly with unanimity to acquit Donald Trump of the charges included in two impeachment articles brought against him—abuse of power and obstruction of justice. If that acquittal wasn’t already completely obvious, all doubt was removed last night by the enthusiastic fawning over the lawless Donald J. Trump’s spew of fabrications, exaggerations, and braggadocio in a speech of vindication and denial applauded by men and women who really, clearly don’t care about the gaping wound their decision will leave in constitutional norms. Not yet fatal to democracy, but this gives Trump the freedom to do something that could be.

Fourteen of those Republican senators who will vote today also voted on the impeachment of Bill Clinton 21 years ago. Eight of them, then members of the House, voted in favor of two articles of impeachment—perjury and obstruction of justice for lying under oath. Six others, who were already in the Senate then and still are, voted to convict Clinton. As you might guess, they had very different things to say about impeachment and what was impeachable at the time than they have said lately.

Below are some of their remarks during Clinton’s impeachment.

First, a look at the eight current Republican senators who were members of the House in 1998-99. All eight voted in favor of the articles of impeachment against Clinton.

Roy Blunt (Missouri)

"No president can be allowed to subvert the judiciary or thwart the investigative responsibility of the legislature," Blunt said, adding that Clinton had committed "serious felonious acts that strike at the heart of our judicial system. [...] Violating these oaths or causing others to impede the investigation into such acts are serious matters that meet the standard for impeachment."

Mike Crapo (Idaho)

"Our entire legal system is dependent on our ability to find the truth. That is why perjury and obstruction of justice are crimes," Crapo said. "Perjury and obstruction of justice are public crimes that strike at the heart of the rule of law — and therefore our freedom — in America."

Lindsey Graham (South Carolina)

He was one of the House impeachment managers in Clinton’s trial. "He doesn't have to say, 'Go lie for me,' to be a crime. He doesn't have to say, 'Let's obstruct justice,' for it to be a crime. You judge people on their conduct, not a magic phrase," Graham said. “[Impeachment is] not about punishment. Impeachment is about cleansing the office. Impeachment is about restoring honor and integrity to the office."

Jerry Moran (Kansas)

"I choose to be on the side that says no person is above the law; that this is a nation of laws, not men; that telling the truth matters; and that we should expect our public officials to conduct themselves in compliance with the highest ethical standards," Moran said.

Rob Portman (Ohio)

Portman said, “For myself, I believe the evidence of serious wrongdoing is simply too compelling to be swept aside. I am particularly troubled by the clear evidence of lying under oath in that it must be the bedrock of our judicial system.” He followed up with a press statement after he had voted, saying: “Committing perjury, obstructing justice and abusing the power of the presidency violate the rule of law that all citizens—even the president—must obey.”

John Thune (South Dakota)

Thune said, "There is one standard of justice that applies equally to all, and to say or do otherwise will undermine the most sacred of all American ideals. President Clinton has committed federal crimes, and there must be a reckoning, or no American shall ever again be prosecuted for those same crimes."

Richard Burr (North Carolina)

Burr said, "The United States is a nation of laws, not men. And I do not believe we can ignore the facts or disregard the constitution so that the president can be placed above the law."

Roger Wicker (Mississippi)

Wicker said that if Clinton urged Monica Lewinsky to lie, it "would amount to a federal felony, and that would mean serious, serious problems for President Clinton."

And here are the six Republicans who were in the Senate in 1998-99 and voted to convict Clinton:

Chuck Grassley (Iowa)

Grassley said that Clinton's “misdeeds have caused many to mistrust elected officials. Cynicism is swelling among the grass roots. His breach of trust has eroded the public's faith in the office of the presidency." The "true tragedy" of the case, he said, was "the collapse of the president's moral authority." He co-signed a statement during the impeachment proceedings pointing out that federal law "criminalizes anyone who corruptly persuades or engages in misleading conduct with the intent to influence the testimony of any person in an official proceeding."

Mike Enzi (Wyoming)

Bill Clinton "was intending to influence the testimony of a likely witness in a federal civil rights proceeding," Enzi said. "President Clinton was, in fact, trying to get Betty Currie to join him in his web of deception and obstruction of justice."

Jim Inhofe (Oklahoma)

Along with five other Republican senators, including Jeff Sessions and Pat Roberts, Inhofe signed a statement during the impeachment proceedings nothing that federal law "criminalizes anyone who corruptly persuades or engages in misleading conduct with the intent to influence the testimony of any person in an official proceeding."

Mitch McConnell (Kentucky)

McConnell said in a statement, "Do we want to retain President Clinton in office, or do we want to retain our honor, our principle, and our moral authority? For me, and for many members in my impeachment-fatigued party, I choose honor." He added, "The president of the United States looked 270 million Americans in the eye, and lied, deliberately and methodically. He took an oath to faithfully execute the laws of this nation, and he violated that oath. He pledged to be the nation's chief law enforcement officer, and he violated that pledge. He took an oath to tell the truth, the whole truth, and nothing but the truth, and he willfully and repeatedly violated that oath."

Pat Roberts (Kansas)

In a statement, Roberts said that Clinton had sought to block the investigation into his actions. "Do these actions rise to the level envisioned by our founding fathers in the Constitution as 'high crimes and misdemeanors' so warranting removal from office? Our Constitution requires that the threshold for that judgment must be set by each senator sitting as a juror. Again, I believe an open-minded individual applying Kansas common sense would reach the conclusion that I reached."

Richard Shelby (Alabama)

The senator said after voting, “After reviewing the evidence, I believe that the House managers proved beyond a reasonable doubt that President Clinton obstructed justice. Therefore, I voted for his conviction and removal for the offenses charged in Article II. However, I do not believe that the House managers met the legal requirements of proving perjury beyond a reasonable doubt. Therefore, I voted against conviction and removal for the offenses charged in Article I.”

For your reading displeasure, let me also include the words of then-Sen. Jeff Sessions, since he could return to the Senate next year:

It has been proven beyond a reasonable doubt and to a moral certainty that President William Jefferson Clinton perjured himself before a federal grand jury and has persisted in a continuous pattern of lying and obstructing justice. The chief law enforcement officer of the land, whose oath of office calls on him to preserve, protect and defend the Constitution, crossed the line and failed to defend and protect the law and, in fact, attacked the law and the rights of a fellow citizen. Under our Constitution, equal justice requires that he forfeit his office. For these reasons, I felt compelled to vote to convict and remove the President from office. ...

“It is crucial to our system of justice that we demand the truth. I fear that an acquittal of this president will weaken the legal system by providing an option for those who consider being less than truthful in court. Whereas the handling of the case against President Nixon clearly strengthened the nation's respect for law, justice and truth, the Clinton impeachment may unfortunately have the opposite result.