Morning Digest: Michigan Democrats retake House majority, clearing way for progressive priorities

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

 MI State House: Michigan Democrats successfully defended a pair of vacant state House seats in the Detroit suburbs on Tuesday, restoring the outright majority the party won in 2022. With Democrats, who also hold the governorship and state Senate, back in full control of state government, the party once again has the opportunity to advance its agenda.

In one of Tuesday's specials, Westland City Councilman Peter Herzberg defeated Republican Josh Powell 60-38 in the 25th District, which, according to data from Dave's Redistricting App, backed Joe Biden 59-40 in 2020.

Meanwhile, Macomb County Commissioner Mai Xiong likewise beat Republican Ronald Singer 66-34 in the 13th District, which went for the president 64-35. Xiong's win makes her the first Hmong American elected to the state House.

Both seats became vacant following last November's local elections when a pair of Democrats, Kevin Coleman of Westland and Lori Stone of Warren, resigned after being elected mayor of their respective communities. While there was little question that Democrats would win the special elections, Coleman and Stone's absences meant that the 110-chamber would be tied 54-54 for several months.

Democrat Joe Tate remained speaker during the ensuing time, but his party was unable to pass legislation without Republican support. This state of affairs, however, has changed now that Herzberg and Xiong have prevailed and restored Democrats to a 56-54 edge (they also have a 20-18 advantage in the Senate).

Despite their narrow majorities, Democrats passed an ambitious agenda last year, which included repealing anti-union "right to work" laws, reversing a 1931 abortion ban, and protecting the rights of LGBTQ+ people. Their hopes for the coming year are similarly far-reaching.

One major goal will be the passage of the $80.7 billion state budget that Democratic Gov. Gretchen Whitmer is touting as a way to provide both free preschool and community college. The House will also have the opportunity to approve a voting rights package to improve access to the ballot box for people of color, voters with disabilities, and people who rely on a language other than English.

While the governorship and state Senate aren't up until 2026, Democrats must once again defend their narrow majority in the lower chamber this November. That task got a bit more complicated this year when a panel of federal judges approved a new map for the state House drawn by Michigan's independent redistricting commission to replace one the court determined improperly factored in race.

The partisan impact of this shift was limited, as Donald Trump would have won the same 56-54 majority of districts under both sets of maps. Xiong, though, will likely be in for a considerably tougher contest this fall than she was on Tuesday: While Biden easily carried the version of the 13th District she won this week, the revamped version favored him just 50-48.

Election Recaps

 AL-02: Former Justice Department official Shomari Figures defeated state House Minority Leader Anthony Daniels 61-39 in Tuesday's Democratic primary runoff for Alabama's revamped 2nd District. 

Figures' nomination in this seat, which now takes in Mobile, Montgomery, and the eastern Black Belt, came after the crypto-aligned super PAC Protect Progress spent another $900,000 to support him in the second round of voting. The group previously deployed over $1.7 million to promote Figures ahead of the March 5 primary, which saw him lead Daniels 43-22.

Figures will be favored in the general election against attorney Caroleene Dobson, who won the GOP runoff by beating former state Sen. Dick Brewbaker by a 58-42 margin. The new version of the 2nd, which was put in place by a federal court, is now a plurality Black district that would have backed Joe Biden 56-43.

Republican Rep. Barry Moore last year all but acknowledged his redrawn seat was unwinnable for his party when he decided that, rather than seek reelection to the new 2nd, he'd challenge fellow incumbent Jerry Carl in the dark red 1st. (Moore won 52-48 last month.)

With Democratic Rep. Terri Sewell poised to easily hold the reliably blue 7th District around Birmingham, a win for Figures in November would give Alabama two Black members of Congress for the first time. It would also be the first time that Democrats have held two House seats in Alabama since Republicans secured their current 6-1 advantage following the 2010 red wave.

Figures, who hails from a prominent political family in Mobile, would also be the first African American to represent this Gulf Coast city in Congress since the 1870s. Two of the three Black representatives who held office during Reconstruction, Republicans Benjamin Turner and Jeremiah Haralson, won Mobile-based seats; the third, James Rapier, represented an area around Montgomery and Dothan.

In addition, Figures would be the first Democrat to represent Mobile in the House since the early 1960s, a time when segregationist Democrats still held a monopoly on power in the state. The last Mobile-based Democratic congressman was Frank Boykin, a conservative Dixiecrat who won what was then numbered the 1st District in a 1935 special election.

Boykin's status was threatened, though, after the state lost one of its nine House seats following the 1960 census and the legislature failed to approve a new map in time for the 1962 elections.

All nine members of the House delegation, which had been all-Democratic since the turn of the century, ended up competing in a statewide primary for eight at-large seats, and Boykin was the unlucky incumbent who took last place. (He was convicted on corruption charges the next year, but President Lyndon Johnson later pardoned the former congressman.)

New districts were approved for the 1964 elections, but Republicans had begun making inroads in the state by emphasizing their opposition to civil rights for African Americans. Republican Jack Edwards decisively won the open 1st District around Mobile as the GOP, aided by Barry Goldwater's landslide win over LBJ in Alabama, secured four other House seats. While the GOP lost two of its new members in 1966, it continued to hold the 1st District throughout the ensuing decades.

Alabama's current court-drawn map, however, means that, for the first time since Boykin's era, most voters in Mobile will soon likely have a Democratic congressman. About 90% of the city is located in the new 2nd District, according to data from Dave's Redistricting App, while the balance is contained in the 1st.

And while the GOP's hold on the 1st District, which would have favored Donald Trump 74-24 in 2020, isn't at risk, the new boundaries were bad news for one Mobile-area Republican. Carl, a former member of the Mobile County Commission, lost his March 5 primary to Moore, a colleague whose base is in the more rural Wiregrass region to the east. 

Senate

MD-Sen: A new survey for OpinionWorks shows former Republican Gov. Larry Hogan leading his two prospective Democratic foes, Rep. David Trone and Prince George’s County Executive Angela Alsobrooks, 53-40 and 54-36, respectively. The poll, which was conducted for The Baltimore Sun, FOX45, and the University of Baltimore, did not include presidential numbers in Tuesday's release.

A pair of March polls from Braun Research conducted for two different sets of clients also showed Hogan ahead in general election matchups, though they disagreed just how well he was doing in this dark blue state.

The early March numbers for the Washington Post and the University of Maryland placed the Republican ahead of Trone and Alsobrooks by margins of 49-37 and 50-36, which is similar to what OpinionWorks now finds. But a survey conducted later in the month for Goucher College and the Baltimore Banner showed Hogan edging out Trone just 43-42 and leading Alsobrooks by an only slightly larger 44-40 spread.

OpinionWorks also looks at both parties' May 14 primaries. On the Democratic side, Trone enjoys a 48-29 edge over Alsobrooks, which is larger than what other recent polls have shown. The firm also gives us a rare glance at the GOP side, where Hogan is crushing wealthy perennial candidate Robin Ficker 69-9.

NJ-Sen: A state court judge ruled on Monday that election officials in New Jersey could continue to print ballots for the Republican primary that award special placement to party-endorsed candidates, saying it was "too late" to change course. Previously, a federal judge forbade Democrats from using ballots organized in this way and instead said candidates had to be grouped by the office they're seeking.

However, even though that federal court ruling applied only to Democratic primaries, Superior Court Judge John Harrington suggested that Republicans should have followed suit in eliminating the so-called "county line." The federal case is currently being appealed, and it's possible that the 3rd U.S. Circuit Court of Appeals could extend the lower court's ruling to include the GOP.

NV-Sen: Former diplomat Jeff Gunter is airing his first TV ad against Army veteran Sam Brown ahead of the June 11 Republican primary, though it's anyone's guess how much he's actually spending to get it on the air. Gunter said two weeks ago he'd be deploying a total of $3.3 million on ads for the rest of the contest, but as of Friday, AdImpact reported he'd booked only $654,000.

The new spot accuses Brown of being aided by "dirty cash from Mitch McConnell, the swamp king himself." Brown is the NRSC's endorsed candidate to take on Democratic Sen. Jacky Rosen.

DSCC: The Democratic Senatorial Campaign Committee announced Tuesday that it had reserved a total of $79 million for TV, radio, and digital ads in races across the nation. The news came after its allies at Senate Majority PAC booked what Politico's Burgess Everett says is now $239 million in several battlegrounds.

Everett writes that a large portion of the DSCC's reservation is budgeted toward TV ads in three Democratic-held seats in swing states: $11 million is going to defend Michigan's open seat, while Wisconsin Sen. Tammy Baldwin will receive $10 million in support and Pennsylvania Sen. Bob Casey will benefit from $8 million.

Another $2 million is being devoted to radio buys to help Montana Sen. Jon Tester, but we don't know yet how the remaining $48 million is being assigned. Everett says "seven-figure digital advertisements" will be used in the above states as well as in Arizona, Florida, Nevada, Ohio, and Texas. (Florida and Texas are held by GOP incumbents Rick Scott and Ted Cruz.) An unnamed DSCC aide says some money will also be directed toward coordinated buys with candidates.

Governors

IN-Gov: Campaign finance reports are in for the first quarter of the year, and the Indianapolis Star's Kayla Dwyer has collected the numbers from all the notable Republicans competing in the May 7 primary for governor:

  • Businessman Eric Doden: $4.4 million raised, $251,000 cash on hand
  • Sen. Mike Braun: $2.9 million raised, $946,000 cash on hand
  • Former state Commerce Secretary Brad Chambers: $1.5 million raised, additional $3 million self-funded, $761,000 cash on hand
  • Lt. Gov. Suzanne Crouch: $1.4 million raised, $3.1 million cash on hand
  • Former Attorney General Curtis Hill: $201,000 raised, $34,000 cash on hand

Dwyer notes that Doden received $3 million in donations and loans from his parents, which represents most of the money he brought in. Braun, for his part, took in $1 million from Richard Uihlein, who is one of the most prolific conservative megadonors in the country.

VA-Gov: Democratic Rep. Abigail Spanberger publicized an endorsement on Tuesday from Clean Virginia, a prominent environmental group that the Richmond Times-Dispatch says spent almost $12 million in last year's legislative races.

That effort included several 2023 Democratic primaries where Clean Virginia's candidates opposed contenders supported by Dominion Energy. Clean Virginia helped Lashrecse Aird deny renomination to Dominion's ally, conservative state Sen. Joe Morrissey, while it was on the winning side against two other upper chamber candidates backed by the mammoth energy producer. Dominion, though, successfully defended two Democratic state senators against Clean Virginia-supported challengers.  

Spanberger faces Richmond Mayor Levar Stoney in next year's Democratic nomination contest to replace GOP Gov. Glenn Youngkin, who is barred from seeking a second consecutive term. Spanberger ended 2023 with a wide $3.6 million to $758,000 cash on hand advantage, but since fundraising reports covering the first six months of the year won't be available until July 15, we'll need to wait a while for updated numbers.

House

CO-05: State Sen. Bob Gardner said over the weekend that election officials informed him that he'd failed to submit enough signatures to make the June 25 Republican primary ballot. Gardner, who is termed out of his current job, acknowledged his congressional campaign was over to Colorado Politics. "I've always believed there's more to life than the next political office," he said, "so there's many opportunities to serve."

Gardner's involuntary departure makes the primary to replace retiring GOP Rep. Doug Lamborn a two-way duel between state party chair Dave Williams, who has Donald Trump's backing, and conservative radio host Jeff Crank, who has Speaker Mike Johnson in his corner. Crank decisively outraised Williams $302,000 to $68,000 among donors during the first quarter of the year, though Williams self-funded an additional $103,000. Crank finished March with a $228,000 to $166,000 cash advantage.

Both candidates have an unhappy electoral history with Lamborn, who has not taken sides. Crank narrowly lost to Lamborn the last time this seat was open in 2006 and unsuccessfully sought to boot him two years later, while Williams waged a failed challenge to Lamborn last cycle. The GOP nominee will be favored in the general election for the 5th District, a Colorado Springs-based seat that favored Trump 53-43 in 2020.

PA-01: A new group called True Patriots PA, which Politico says has ties to Democrats, has spent at least $50,000 on mailers attacking GOP Rep. Brian Fitzpatrick in the hopes that his far-right primary opponent somehow unseats him. One flyer accuses the incumbent of becoming "best friends with Kamala Harris and the Democrats," while another calls him "the biggest RINO in Congress."

Politico reports the treasurer of True Patriots also works for Democratic Rep. Eric Swalwell of California, a prominent progressive. Democrats would be thrilled if anti-abortion activist Mark Houck denied renomination to Fitzpatrick in this competitive suburban Philadelphia seat, but there's not much sign that the congressman is in danger against the underfunded challenger.

Fitzpatrick did air commercials on streaming TV last month branding Houck as a "porn addict," but Inside Elections reported at the time that the congressman was spending just $23,000 on those ads. The winner will take on retired Army pilot Ashley Ehasz, a Democrat who is hoping to avenge her 55-45 loss against Fitzpatrick from last cycle.

SC-01: The conservative super PAC Winning for Women has launched what Inside Elections' Jacob Rubashkin says is at least a $161,000 TV buy to promote former state cabinet official Catherine Templeton in the June 11 GOP primary. The spot, which does not mention Trump-backed incumbent Nancy Mace, declares that Templeton "will stand with President Trump's border policies."

The Washington Post's Patrick Svitek notes that Winning for Women supported Mace in 2022 when she successfully fended off a primary opponent who was endorsed by Trump, and it initially backed her again in May of last year. But while Mace responded by tweeting out her "[e]normous gratitude," the two sides appear to have had a falling out sometime after the congresswoman joined with seven other House Republicans to end Kevin McCarthy's speakership.

"They’re doing this all because the former Speaker is a mean girl on a revenge tour against the only woman who voted against him for Speaker," a Mace spokesperson said in a statement about the congresswoman's erstwhile allies. "And this time he’s hiding behind the skirts of W4W."

Prosecutors & Sheriffs

Alameda County, CA District Attorney: County election officials announced Monday evening that the campaign to recall Alameda County District Attorney Pamela Price had turned in enough signatures to force a vote.

It will be up to the Board of Supervisors, which is set to meet on April 30, to decide when the election will take place. Recall expert Joshua Spivak identifies both the timing of the race, as well as the question of whether or not a replacement would be elected on the same ballot, as some of the "areas for potential lawsuits."

Price was elected in 2022 as district attorney for this dark blue East Bay county, which is home to Oakland and Berkeley, by campaigning as a criminal justice reformer. Her critics, though, quickly began arguing that she'd done a poor job combating violent crime. Price’s team, meanwhile, said last month that her ouster would "undermine the results of a free and fair election" and "jeopardize the historic progress achieved in recent years."

Hillsborough County, FL State Attorney: Democrat Andrew Warren announced Tuesday that he would run this fall to reclaim the prosecutor's office in Hillsborough County that Republican Gov. Ron DeSantis permanently suspended him from in 2022.

Warren is seeking to oust Republican Suzy Lopez, whom DeSantis appointed to replace him, in a county that includes Tampa and many of its suburbs. First, though, he needs to get past attorney Elizabeth Martinez Strauss, who hails from a prominent local legal family, in the Aug. 20 Democratic primary.

Warren won his second term 53-47 in 2020 as Joe Biden was carrying Hillsborough by a similar spread. However, his tenure came to a sudden end two years later when DeSantis removed him from office for, among other things, refusing to prosecute people who obtain or provide abortions.

Warren initially had little success in court challenging his dismissal and announced in January that he'd decided not to run again because there was a "high risk" that the governor would respond to his victory by removing him again.

However, he unexpectedly got some welcome news just two days later when a federal appeals court determined that a lower court judge had incorrectly concluded that several of the factors that had "motivated DeSantis to suspend Warren"—such as Warren's opposition to prosecuting individuals who obtain or provide abortions—were not protected by the First Amendment. The move did not guarantee Warren's reinstatement, but the Democrat quickly acknowledged he was reconsidering his plans not to run.

There have been no major developments since then, and the Tampa Bay Times says the case hasn't even been formally returned to the lower court yet. Still, Warren told the Times on Tuesday that the appeals court's decision "makes clear that the governor is not above the law and that the will of the people matters."

Strauss, for her part, told the paper that, while she believes Warren was unfairly ousted, his legal situation makes him "a risky candidate." She added that she'd remain in the race unless the courts act on his case before the April 26 candidate filing deadline.

Poll Pile

  • TX-Sen: Texas Hispanic Policy Foundation: Ted Cruz (R-inc): 46, Colin Allred (D): 41, Ted Brown (L): 4 (48-36 Trump in two-way, 46-34 Trump with third-party candidates)

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Morning Digest: Democratic landslide in Alabama is massive warning for GOP on IVF

The Morning Digest is compiled by David Nir, Jeff Singer, and Stephen Wolf, with additional contributions from the Daily Kos Elections team.

Subscribe to The Downballot, our weekly podcast

Leading Off

 AL State House: Democrat Marilyn Lands defeated Republican Teddy Powell on Tuesday in a 62-37 landslide, easily prevailing in a nationally watched special election for a GOP-held seat in the Alabama House of Representatives.

Lands outperformed the 10th District's normal lean by wide margins: Donald Trump carried the district by a 49-48 spread in 2020, according to Dave's Redistricting App, while voters favored Republican David Cole over Lands 52-45 two years later.

While Republicans will still retain their supermajority in the chamber, both parties were paying close attention to see whether a recent ruling from the Alabama Supreme Court that threatened access to in vitro fertilization could be a winning issue in competitive areas like this suburban Huntsville constituency.

Lands focused intently on reproductive rights in her campaign to replace Cole, who resigned last summer after getting convicted on voter fraud charges. "It's shameful that today women have fewer freedoms than I did two decades ago," she said in one spot excoriating the state's near-total abortion ban. Lands, a mental health counselor, also argued the legislature didn't do enough to protect IVF when it passed a law earlier this month that shields clinics from liability.

Powell, a member of the City Council in Madison, adopted a very different strategy. He instead focused on issues like infrastructure and downplayed the importance of reproductive rights. "It's certainly an issue that needs to be dealt with," he told Politico, "but not our top issue. I don't think that this is the issue that wins or loses the race."

That calculus turned out to be wrong, and Lands just gave Democrats good reason to believe that Powell will be only the first of many Republicans to pay the price at the ballot box this year.

Senate

NJ-Sen: Candidate filing closed Monday for New Jersey's June 4 primaries, and the New Jersey Globe has a list of contenders. Not everyone who turned in paperwork will necessarily make the ballot, though, since anyone can challenge the validity of a candidate's petitions.

The GOP's Senate lineup shrunk just before the deadline when former TV reporter Alex Zdan announced he was dropping out. His departure leaves developer Curtis Bashaw, who picked up Zdan's endorsement the next day, and Mendham Borough Mayor Christine Serrano Glassner as the main Republican candidates campaigning in this solidly blue state.

Rep. Andy Kim, meanwhile, is the heavy favorite for the Democratic nomination after his top rival, former financial analyst Tammy Murphy, unexpectedly dropped out just ahead of the filing deadline.

TX-Sen: Marist College finds Republican Sen. Ted Cruz leading Democratic Rep. Colin Allred 51-45, with respondents favoring Donald Trump by a larger 55-44 spread. This is Marist's first look at this race, as well as the first poll we've seen here since Allred won the March 5 primary.

Governors

IN-Gov: Republican Sen. Mike Braun made news on Friday when he missed the vote to avert a government shutdown hours after he attended a fundraiser back in Indiana, prompting one of his intra-party rivals for governor to quickly release an ad taking him to task.

Wealthy businessman Eric Doden's spot focuses on a claim by Braun's chief of staff that the senator mistakenly believed the matter would be settled the next day and therefore "decided to spend the night at home and fly out Saturday morning."

"Senator Braun: Sleeping on the job?" reads the on-screen text at the conclusion of the almost wordless commercial. Politico's Adam Wren reminds us that Braun labeled Democratic Sen. Joe Donnelly "Sleepin' Joe" during his successful 2018 campaign.

House

FL-27: EMILYs List has endorsed Miami-Dade County School Board member Lucia Baez-Geller's campaign to take on GOP Rep. María Elvira Salazar. Baez-Geller faces former Key Biscayne Mayor Mike Davey in the Aug. 20 Democratic primary for this Miami-area seat.

TX-22: The House Ethics Committee announced Tuesday that it's investigating Republican Rep. Troy Nehls, but it did not provide any details about why. Nehls subsequently described the probe as an "inquiry into my campaign's finances," though he didn't offer further information about the allegations. The Ethics Committee has pledged to "announce its course of action in this matter" by May 10.

Nehls won renomination without opposition this month in Texas' 22nd District, a suburban Houston constituency that backed Donald Trump 57-41 in 2020.

Attorneys General

TX-AG: Federal prosecutors announced a deal with Texas Attorney General Ken Paxton on Tuesday under which they agreed to drop his nearly nine-year-old indictment for securities fraud as long as he pays $271,000 in restitution over the next 18 months. The agreement also requires the far-right Republican to perform 100 hours of community service, but he'll face no jail time.

The Texas Tribune, however, notes that Paxton's legal woes are not all resolved. Federal authorities reportedly are continuing to investigate whether the attorney general used his post to benefit a wealthy ally. The state House impeached Paxton last May over these allegations, only for the Senate to subsequently acquit him.

Four of Paxton's former top aides are also still suing him for allegedly retaliating against them for helping in the federal investigation. The Texas State Bar additionally brought a lawsuit for professional misconduct lawsuit against him in 2022 over his efforts to overturn the results of the last presidential election, though the case remains unresolved.

Paxton has spent the last several months working to punish the Republicans who crossed him last year. The attorney general backed a slate of legislative candidates in the March 5 primaries, several of whom ousted his enemies.

Other GOP incumbents, including state House Speaker Dade Phelan, were forced into runoffs, which will take place on May 28. Donald Trump in January joined Paxton in supporting David Covey's bid to unseat Phelan, with Trump citing the speaker's support for what he characteristically dismissed as "the Fraudulent Impeachment."

Paxton, however, has hinted that he could personally challenge an even more prominent intra-party critic next cycle rather than seek a fourth term. In September, he celebrated his acquittal by the state Senate by telling Fox he wasn't ruling out a primary bid against Sen. John Cornyn in 2026.

Paxton intensified Senate chatter last month when he responded to the news that Cornyn would seek to replace Mitch McConnell as the chamber's top Republican by tweeting, "It will be difficult for @JohnCornyn to be an effective leader since he is anti-Trump, anti-gun, and will be focused on his highly competitive primary campaign in 2026." Cornyn fired back by snarking, "Hard to run from prison, Ken," a response that lost much of its bite on Tuesday.

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Campaign Action

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RFK Jr. picks a veep as his campaign is drowning in embarrassment

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Click here to see more cartoons.

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ICYMI: GOP’s star witness exposed as Russian mole, and DeSantis faces book ban backlash

GOP continues bogus ‘investigation’ after star witness turns out to be Russian mole

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Ron DeSantis pretends he isn't at fault for book ban he signed into law

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15 times Ted Cruz shamelessly pushed GOP’s false allegations about Biden

We know Texas Sen. Ted Cruz isn’t unintelligent. Nor does he lack sophistication. After all, the guy graduated magna cum laude from Harvard Law School, where he was an editor of the Harvard Law Review. So he obviously knows the difference between clear proof of corruption and a sketchy accusation unsupported by the evidence—just as he knows the difference between an authentic Cancun marg and a bottle of premixed Chi Chi’s margarita drink he picks up at Citgo on his way home from the airport.

But being a Republican these days means pretending to be ignorant of basic realities, like whether a guy who campaigns as a dictator will govern as a dictator, or whether unsupported and unconfirmed accusations of bribery are real or simply part of a psyop conducted by a hostile foreign power that’s already attacked our elections twice.

Well, guess what? The obvious conclusion that even people who went to Cornell or Trump University could have arrived at on their own is, in fact, the correct one. The big Biden bribery allegation that congressional Republicans have been flogging for the better part of a year—and which was based on an unverified FBI form from 2020 that even the Trump administration declined to act on—was invented by a comrade with clear ties to Russian intelligence.

Weird, huh?

PBS Newshour:

A former FBI informant charged with making up a multimillion-dollar bribery scheme involving President Joe Biden, his son Hunter and a Ukrainian energy company had contacts with officials affiliated with Russian intelligence, prosecutors said in a court paper Tuesday.

Prosecutors revealed the alleged contact as they urged a judge to keep Alexander Smirnov behind bars while he awaits trial. He’s charged with falsely reporting to the FBI in June 2020 that executives associated with the Ukrainian energy company Burisma paid Hunter and Joe Biden $5 million each in 2015 or 2016. The claim has been central to the Republican impeachment inquiry in Congress.

[...]

Prosecutors said that during an interview before his arrest last week, Smirnov admitted that “officials associated with Russian intelligence were involved in passing a story” about Hunter Biden. They said Smirnov’s contacts with Russian officials were recent and extensive, and said Smirnov had planned to meet with one official during an upcoming overseas trip.

But wait! Ted was so sure these allegations were real, he repeated them ad nauseam. And yet they’re not remotely true. What is true is that Donald Trump—the guy who implied Ted’s wife was heinous—has thousands of financial conflicts of interest that make him, prima facie, unfit to serve as president. These have been sitting out in the open this whole time, and yet Ted seemed more interested in a single, completely made up allegation about the guy who didn’t go out of his way to humiliate Ted and his family.

Weird how the world works sometimes, huh?

Unfortunately for Ted, we’ve collected some receipts, and they make the plucky Harvard Law School grad look pretty dopey. 

Here’s a chronological rundown of some of Ted’s most shameless Biden hits from the past year:

1.

The facts are simple—an informant told the FBI they had evidence that Joe Biden was involved in a $5 million bribery scheme involving a foreign country. Today, top House Oversight leaders will see the documents. More on the latest episode of #Verdict! https://t.co/zhqceE5A1R

— Ted Cruz (@tedcruz) June 5, 2023

Well, the facts weren’t that simple after all—though Ted knew his voters were, so that’s why this tweet happened.

2.

As you can see, June 2023 was a big month for bullshit, as Ted just kept piling on:

We have learned of credible evidence that Joe Biden received a $5 million bribe from Burisma, the Ukrainian natural gas company. Now we’re told there is evidence of that on audio tapes. These are allegations of serious misconduct. pic.twitter.com/XXUnSvTsKT

— Ted Cruz (@tedcruz) June 13, 2023

There are tapes! That no one has heard or can find! And no one claims anyone is being peed on in any of them—so they must be real! What more could you possibly need?! Impeach!

3.

But wait! Ted’s interrogation of Deputy FBI Director Paul Abbate was a CRUZ MISSILE! YouTube confirms it.

This clip is really rich—especially in retrospect. His fake anger no doubt sent a fake tingle down Lindsey Graham’s fake spine.

Yes, why won’t the FBI talk about totally unsupported, unvetted “intelligence” about Joe Biden that the Trump administration decided not to follow up on during Trump’s pitched 2020 election battle with the former vice president? And why aren’t people lining up at FBI offices to make unsupported allegations that Ted is The Zodiac Killer? Because apparently that would be more than enough to convince Republicans to call a hearing.

4.

Now, in case you didn’t notice from that first tweet above, Ted basically launched an entire true crime podcast about the GOP’s false bribe allegation. It’s as if all 10 episodes of “Making a Murderer” had been based on something a Russian money launderer thought he’d overheard at a Green Bay Applebee’s.

So here’s a bit of Ted’s podcast: He brings up the already debunked accusation that Biden pushed to remove Ukraine’s prosecutor general, Viktor Shokin, to help the Ukrainian energy company Burisma, which had connections to Biden’s son Hunter. In reality, Biden pushed to remove Shokin—as part of a unified U.S. government response—because he wasn’t investigating corruption. 

Enjoy!

If Joe Biden took official action that benefited Burisma after depositing $5 million, Joe Biden should be charged & prosecuted for bribery. That is the most grave allegation against a president that we've seen in our lifetimes. #Verdict https://t.co/vJGPoxxZCh pic.twitter.com/FLfKElvEKM

— Ted Cruz (@tedcruz) June 14, 2023

5.

And here’s Ted demanding that Joe Biden release the bullshit evidence that would make him look corrupt to people who have no clue—i.e., any and all Trump supporters—because that’s just good government.

Democrats don't want a hearing on the allegations against Joe Biden. If the allegations are false, you know who could disprove them? Joe Biden. He could call for evidence to be released publicly, but the FBI is stonewalling instead. #Verdict https://t.co/ErPhbZC29d

— Ted Cruz (@tedcruz) June 15, 2023

6.

And here he is plugging that same bullshit podcast episode the very next day. This time he demanded that the fake whistleblower give his fake testimony so the American people could decide for themselves what’s real and what isn’t. The same American people who made the inventor of spray-on hair fabulously wealthy. 

What should come next with the allegations against Joe Biden? This alleged whistleblower should testify in front of Congress on national television so the American people can hear his allegations & assess if he's telling the truth. #Verdicthttps://t.co/ErPhbZC29d

— Ted Cruz (@tedcruz) June 15, 2023

7.

And—ugh—another tweet with more unsupported innuendo. And another plug for that same podcast episode. Ted must have been super proud of this one.

Why the hell is the FBI hiding the possible existence of evidence that Joe Biden accepted a bribe? Why did they redact the allegation that there may be 17 tape recordings? #Verdict https://t.co/ErPhbZC29d

— Ted Cruz (@tedcruz) June 15, 2023

8.

And yet another plug for the podcast. But wait! This one’s for a different episode. Though the bullshit smells the same.

Don't forget to catch the latest episode of #Verdict, where we follow the money & examine what every prosecutor, reporter, or anyone interested in the truth should be asking—did Joe Biden take a bribe? Tune in wherever you get your podcasts! https://t.co/jKjIN10WTW pic.twitter.com/ZrwX8vSEDf

— Ted Cruz (@tedcruz) June 17, 2023

9.

Of course, Ted was dead certain that a former vice president and household name couldn’t have possibly made millions from book deals and speaking gigs. After all, only Newt Gingrich and Dick Cheney can demand such gaudy fees.

The Daily Mail:

'You're looking at a tax return that has $10 million in cash that came from a mystery source,' Cruz said on Friday during his podcast, Verdict with Ted Cruz.

Biden's two S corporations, CelticCapri Corp and GiaCoppa Corp, reported income of $9,490,857 and $557,882 respectively in 2017, Biden's first year as a private citizen after decades in federal elected office as a senator and the vice president.

That money, which Biden says is from book deals and speeches, was then remitted to Biden and his wife primarily as 'distributions' rather than salary, according to CNBC.

10.

And here’s Ted plugging his nonsense podcast again, pointing out that there’s something fishy about the relative of a high-ranking government official making $5 million at a law firm and not, say, $2 billion from a bloodthirsty Saudi murderer, as God and the Founding Fathers intended. 

Nobody would pay Hunter Biden to represent them in a lawsuit. Nobody would pay him for legal work. If he can make $5 million at a law firm in America, it is purely because he's selling access to the “Big Guy.” #Verdict https://t.co/HxCxWbv3S4

— Ted Cruz (@tedcruz) July 3, 2023

11.

And here’s the bullshit FD-1023 form itself! READ this! It’s an allegation! For realz! Why didn’t the Trump DOJ follow up on this when it first came to their attention? We may not know for another several months, when this whole thing blows up in Ted’s beard. 

READ this. This is serious, credible evidence that Joe & Hunter Biden solicited & received a $10m bribe from a foreign national. (1) why didn’t FBI fully investigate? (2) why is corporate media ignoring? https://t.co/jGBsj767Cf

— Ted Cruz (@tedcruz) July 21, 2023

12.

Explain yourselves, FBI! Why aren’t you publicizing incendiary claims of corruption with no basis in fact? Well, what if we told you they’re based on dubious sources and support a wild, already debunked theory that plays into the hands of an enemy authoritarian regime? Would that change your mind?

With the grave allegations that Joe Biden took a bribe from a foreign national for official favors, the FBI owes the American people complete candor. If they found these allegations to be false, they need to come forward and explain. #Verdicthttps://t.co/HKrwnB91iT

— Ted Cruz (@tedcruz) July 24, 2023

13.

Yeah, well, it’s not true, so ...

If it is true that the oligarch who owned Burisma paid Hunter & Joe Biden $10 million for an official act, then both are guilty of bribery. On the latest episode of #Verdict, we break down all the explosive allegations in the FBI’s form FD-1023. Tune in! https://t.co/fwEzuTu81j

— Ted Cruz (@tedcruz) July 25, 2023

14.

Meanwhile, based on this now-debunked claim, Ted thought President Biden should be forced to share a prison cell with his son—which would be particularly cruel, as Hunter prefers to make toilet gin and Joe would naturally insist on making toilet mint chocolate chip ice cream.

Newsweek: 

Republican Senator Ted Cruz of Texas said President Joe Biden should "share a cell" with his son Hunter Biden as more findings are released by the House.

Speaking with Sean Hannity on Fox News, Cruz said the "evidence is growing and growing" that Hunter Biden sold "official favors from his father Joe Biden."

[...]

"Bribery is paying someone something of value in exchange for an official favor. Joe Biden has confessed to it in a video interview," Cruz said after Iowa Senator Chuck Grassley released an FD-1023 document containing a confidential FBI informant's unverified claim that the Biden family made a Ukrainian oligarch pay them $10 million. Newsweek has been unable to verify that any such video exists.

In other news, Newsweek has been unable to verify that every pumpkin pie Ted Cruz has served since Thanksgiving 1989 was made from the earwax of his murder victims. 

15.

Aaaannnddd … more innuendo ...

What could Hunter Biden possibly do to earn $5 million from a Chinese company? He had no skills, & no one pays a crackhead $5 million for his talent. The only thing he could have sold was favors from his father. We discuss this corruption on Verdict.https://t.co/RcCse5vQ6i

— Ted Cruz (@tedcruz) November 3, 2023

I wouldn’t pay Hunter Biden to sit on a board, but I might pay to watch him fight Ted Cruz in Vegas. Or someone would, anyway. Probably not a Putin-connected Russian national, though. Ted’s far too useful to Russia to come to that sort of end.

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

GOP senators demand impeachment trial as government shutdown looms

With a government shutdown looming, 13 Republican senators, led by Utah Sen. Mike Lee and Texas’ pretend cowboy Sen. Ted Cruz, released a letter they said they sent to Senate Minority Leader Mitch McConnell demanding he make a big stink about holding an impeachment trial for Department of Homeland Security Secretary Alejandro Mayorkas. Lee even posted a copy of the letter with some vaguely legible signatures to his X (formerly Twitter) account. Senate Majority Leader Chuck Schumer is expected to dismiss the bogus bit of political theater.

The Republican-led House was able to impeach Mayorkas after one embarrassing failure of an attempt, making it the first time a Cabinet official has been impeached in 150 years. The Senate GOP members making hay out of the impeachment process continue to remind the public how Democratic officials proved (and Republican officials admitted) the entire exercise was disingenuous.

The letter, which was signed by Sens. Mike Lee, Ted Cruz, Eric Schmitt, Rick Scott, Ron Johnson, J.D. Vance, Roger Marshall, Josh Hawley, Mike Braun, Tommy Tuberville, Ted Budd, Cynthia Lummis, and Marsha Blackburn, contains a lot of what we have come to expect from the do-nothing Republican Party. The general pantomime of the GOP around the impeachment of Mayorkas involves an imaginary belief that the GOP is strong on border security. It is fitting that conservative senators like Lee, who voted against the bipartisan border security deal, would also spend their time trying to create a political theater production of impeachment instead of making the hard compromises and decisions needed to get things done.

Senators like Cruz have used their party’s disarray to take shots at current leaders like McConnell. On Sunday, Cruz told Fox News that “if Republican leadership in the Senate doesn’t like the criticism, here’s an opportunity to demonstrate some backbone.” Cruz and Lee are joined by self-promoters like Sen. Josh Hawley, who has had his own public spats with Republican leadership in recent months.

The government is set to shut down on March 1. House Republicans seem unable to chew gum and … chew gum. Senate Republicans who spent many decades in lockstep with McConnell’s leadership seem to have lost the ability to tie their shoes. The Senate is coming off of an 11-day recess. McConnell has not responded to inquiries from media outlets for his response to the letter as of the writing of this story.

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Ohhhhh yeah! Democrats kicked ass and then some in Tuesday's special election in New York, so of course we're talking all about it on this week's episode of "The Downballot." Co-hosts David Nir and David Beard explain how Tom Suozzi's win affects the math for Democrats' plan to take back the House, then dive into the seemingly bottomless list of excuses Republicans have been making to handwave their defeat away. The bottom line: Suozzi effectively neutralized attacks on immigration—and abortion is still a huge loser for the GOP.

Mitch McConnell has lost control of Senate Republicans. Blame Mitch McConnell

Mitch McConnell is 82 years old. In the past year, he’s twice suffered from instances in which he seemed to freeze and be unable to respond for several seconds. Three years ago, he declined to say why his hands were extensively bruised and bandaged. He has reportedly suffered from multiple falls, including one that kept him away from the Senate for six weeks in the spring of 2023.

And now McConnell is being repeatedly kicked by Republicans who have been railing against his leadership, calling for him to step down, and running roughshod over his authority. Long-time Republican senators have accused McConnell of “betrayal” and demanded “new leadership now.”

With Senate Republicans slipping into chaos and McConnell left gawping on the sidelines as his initiatives are shredded by his own party, it might be tempting to feel a bit of pity for the longest-serving party leader in Senate history. It might be, if the cause for all this wasn’t also Mitch McConnell.

The anarchy exploding around McConnell now is the fruit of the seeds he planted. These men clawing at his remaining power learned their tactics at his knee.

McConnell has demonstrated again and again that he lives by only one rule: If you can do it, and you want to do it, then do it. Rules be damned.

His gleeful refusal to hold a hearing on Merrick Garland’s nomination to the Supreme Court was just one facet of how he blew past Senate rules and traditions to use the chamber as a bludgeon against a Democratic president. He used his office to block court appointments at all levels during Barack Obama’s presidency, then flipped that power to pack the lower courts with Donald Trump’s unqualified appointees. McConnell wrecked the Senate, and he did it deliberately, step by step, to draw power to himself and to his party. 

McConnell determined that for someone who was willful and self-centered enough to throw out all those ideas of “civility” and “decorum,” the Senate could become a tool to not just determine the legislative agenda, but lock down control over the judiciary for a generation. So he did.

He underscored his willingness to hold his personal political power above all else in 2021 when he voted to acquit Trump following an impeachment trial in which he barred all witnesses. McConnell knew Trump was responsible. He even said so. But when it came time to pick his nation or the party that kept him in power, there was never any question about which way McConnell would go.

Those men now pulling him down—Josh Hawley, Ted Cruz, Mike Lee, and all the rest—were watching. They are all fine students of McConnell’s master class in discarding honest deliberation and harnessing the power of pure selfishness mixed with outright lies.

They were watching from the House side as well. Everyone in McConnell’s party didn’t just wake up one morning and realize that they didn’t have to follow “unwritten rules” or abide by “tradition.” The rules of the House are what they say they are, so long as they control the House. Mitch taught them that lesson. He’s been teaching it for decades.

From Rep. Marjorie Taylor Greene to Donald Trump, they are all students of McConnell’s do-as-thou-will-no-matter-what-the-cost-to-others university.

It’s fitting that when pressed about his role in writing the border security package, McConnell put himself first and ran a bus over Sen. James Lankford, who spent months negotiating that bill at McConnell’s orders and to McConnell’s specifications. That act of fundamental treachery in a moment of crisis defines McConnell in his weakness, but it’s been his hallmark all along.

The Republicans who want what little power McConnell still holds can read that move. They read it as desperation. They read it as weakness. They read it as an old man who has burned every bridge coming to the end of his time without honor, respect, or an ability to exert his will.

McConnell finds himself nearing the end of a long career. Maybe he thought this day was going to come with a big round of applause and speeches of gratitude from his colleagues. Instead, it’s coming with hands at his back, shoving him to get out of the way more quickly. His eternal pretense of being reasonable while sneering at the rules is no longer acceptable in a party that doesn't even bother to pretend. 

As he’s foundering, McConnell is calling on Republicans to help pass a bill to assist Ukraine. It’s absolutely necessary. It’s in the national interest. And it’s simply the right thing to do. McConnell reportedly sees it as legacy-defining

But that’s not true. McConnell has already defined his legacy. And that legacy says that things like “national interest” and “right” are nothing when compared to political power. He shouldn’t be surprised that Republicans only respond to his pleas with sneers and laughs. They’re good students.

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Latest arrest puts a big Jan. 6 conspiracy to rest. Who will they blame now?

On Tuesday, former Marine, former wedding venue operator, and current hermit Ray Epps was indicted for his actions during the Jan. 6 riot. This single charge should lay to rest an elaborate conspiracy theory that originated with online supporters of Donald Trump and spread across right-wing media. It should … if conspiracy theories were affected by facts.

Epps, a 61-year-old former president of the Arizona branch of the Oath Keepers militia and adamant supporter of Trump, flew from Arizona to Washington, D.C., in response to Trump’s call for a ‘wild’ time. Videos of Epps on Jan. 5 show him shouting for Trump supporters to take the Capitol. On Jan. 6, he marched toward Congress, urging others to do the same.

When the FBI created a website where it posted photos of individuals being sought for their involvement in the insurgency, Epps’ face was one of the first to appear. But when Epps’ photo was taken down and no charges immediately followed, claims emerged that Epps was secretly a government agent who had infiltrated Trump supporters to entice them into breaking the law. Those claims spread from QAnon to right-wing media and may have reached a peak when Sen. Ted Cruz and then-host Tucker Carlson parroted the claim on Fox News.

Carlson’s embrace of the theory, which he repeated on multiple occasions, was enough to generate waves of harassment against Epps from his fellow Trump supporters. He and his wife were forced to sell their wedding-venue business in Arizona and live “in hiding” at a trailer somewhere in Utah. In an interview with People, Epps’ attorney said the couple “received a number of credible and serious death threats, which become worse each time someone on Fox or Tucker Carlson talk about Ray.”

Epps became such a fixture of the right-wing conspiracy landscape that Republican politicians weren’t just mentioning him on Carlson’s show. They were yelling about him in a House hearing with FBI Director Christopher Wray.

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“I want to turn my attention now to this fella, this character, Mr. Ray Epps,” said Texas Republican Rep. Troy Nehls. “We’ve all heard of him. We’ve heard of Mr. Ray Epps. He was number 16 on your FBI most-wanted list. He was encouraging people the night prior and the day to go into the Capitol. And Mr. Ray Epps can be seen at the first breach of Capitol grounds at approximately 12:50 p.m.”

Epps was never on the FBI’s most-wanted list. When it comes to the FBI’s Jan. 6 website, Epps’ photo was removed because he reached out and turned himself in after seeing that the FBI was looking for him. Following that first contact, Epps was told he would likely face charges.

But when Wray refused to say that Epps would be arrested, Nehls responded angrily. “It appears to me you are protecting this guy! I strongly recommend you get your house back in order!”

In July, Epps filed a lawsuit against Fox News and Carlson accusing them of defamation. The lawsuit was filed in the same Delaware court where Fox News ended a lawsuit from Dominion Voting Systems by reaching a last-minute agreement to pay a $787.5 million settlement. Not long after that settlement, Fox News fired Carlson. But that move didn’t come in time to avoid another $12 million that Fox paid in June to settle a hostile workplace lawsuit by a former employee on Carlson’s show.

Carlson is truly the gift that keeps on giving.

In August, Fox News moved to dismiss Epps’ lawsuit, with a claim that Carlson painting Epps at the center of a fantastical conspiracy theory was “exactly what the First Amendment protects.” According to the Fox News motion, Carlson’s statements were “protected opinions, not assertions of fact.” That motion has not yet been decided. Fox News attorneys asked for a hearing on the motion in a court appearance on Monday afternoon.

While it’s safe to say that statements of fact were hard to find on Carlson’s show—and remain so on the programs of other Fox News pundits—it’s hard to see how viewers were supposed to get that just-an-opinion vibe from Carlson bringing up Epps in nearly 20 different episodes, in which he told his audience there was “no rational explanation” for the failure to charge Epps other than him being a federal agent.

In the indictment filed on Monday, Epps faces a single charge of engaging in “disorderly and disruptive conduct” in a restricted area with “intent to impede and disrupt the orderly conduct of Government business.” He is not known to have entered the Capitol, and no evidence has emerged that he assaulted the police or of any act of vandalism. He was one of several people photographed holding a very large Trump sign which was thrust toward the police line, but he hasn’t been charged with an offense connected to that action. One other man who was charged for being one of those holding the sign was found guilty on nine other counts, but acquitted for his part in holding the sign.

The method in which Epps was charged suggested he had already reached an agreement for a plea. NBC News has reported that Epps will enter his plea over a Zoom call on Wednesday afternoon.

The charges against Epps make him one of just a handful of people to be charged in relation to the insurgency who did not enter the Capitol or engage violently with the police. His wait for this charge is far from exceptional. Over 200 defendants have been charged in the past year, with 42 sentenced since July. There are still many more cases to come. The FBI seems to have simply prioritized those who entered the Capitol, assaulted the police, and engaged in violent conspiracies.

But don’t expect any of that to make it safe for Epps to leave his trailer. Conspiracy theories can always adapt to ignore facts. And don’t be surprised if Republicans in Congress continue to use Epps in their tirades. Unlike Fox News, the speech and debate clause of the Constitution is always there so they can defame and endanger anyone—as the founders intended.

Epps’ actions on Jan. 5 and 6, his ardent support for Trump, and most of all his involvement with the Oath Keepers show that he is anything but a model citizen. And maybe it’s only fitting that the MAGA crowd should turn on one of their own. But in the end, the conspiracy against Epps isn’t about Epps, or even the FBI. It’s about what’s most important to Trump supporters: avoiding any responsibility for their own actions.

Kerry talks with Drew Linzer, director of the online polling company Civiqs. Drew tells us what the polls say about voters’ feelings toward President Joe Biden and Donald Trump, and what the results would be if the two men were to, say … run against each other for president in 2024. Oh yeah, Drew polled to find out who thinks Donald Trump is guilty of the crimes he’s been indicted for, and whether or not he should see the inside of a jail cell.

Hypocritical Republicans follow the new script in the wake of Trump’s latest indictment

When it comes to Republican lawmakers, hypocrisy knows no bounds, especially when it comes to Donald Trump. With rare exception, they either loudly support the MAGA cult, or are afraid to challenge it—so much so that the GOP should probably be renamed POT (Party of Trump), as in “the GOP has gone to POT.”
In the wake of Trump’s fourth criminal indictment—brought Monday by Fulton County, Georgia, District Attorney Fani Willis, charging Trump and 18 associates with racketeering in a plot to overturn the 2020 presidential election—elected Republicans have predictably jumped to Trump’s defense. The Georgia indictment follows the federal indictment brought by special counsel Jack Smith on Aug. 1, charging Trump with conspiring to subvert American democracy by scheming to reverse Joe Biden’s presidential victory.
Incredibly, the latest talking point for Trump defenders is that if Democrats want to ensure Trump, the current GOP frontrunner, isn’t elected president in 2024, they should let it happen at the ballot box rather than in the courthouse.
This script ignores entirely that so many of Trump’s legal issues stem from the fact that he wouldn't concede that the previous presidential election had been decided at the ballot box.

Nearly three years after Americans voted him out of the White House, Trump continues to push the Big Lie. He’s even hosting a press conference Monday, promising a “complete EXONERATION” that will prove his tired claims of fraud. Trump has also backed election deniers in races for key state offices (fortunately, most have lost) that could help undermine voters in 2024. Americans have no guarantee that he wouldn’t push the replay button on the well-documented “fake electors” scheme of 2020 in the face of another loss to Joe Biden in 2024.

Nevertheless, in a Wednesday appearance on The Hugh Hewitt Show, Republican Sen. Tom Cotton of Arkansas embraced the script.

Sen. Tom Cotton (R-AR): “It would be much better from [the liberals’] point of view…if they try to stop [Trump]...at the ballot box…as opposed to having rabid zealots like Jack Smith or partisans like Alvin Bragg and the woman in Atlanta…try to take him out of contention.” pic.twitter.com/FChgth20Oz

— The Recount (@therecount) August 16, 2023

Transcript:

“I understand that the Democrats and liberals in the media can’t stand Donald Trump and they’ll  do anything to stop him. But it would be much better from their point of view and the point of view of the country if they try to stop him on the campaign trail and at the ballot box. And let the American people make these choices as opposed to having rabid zealots like Jack Smith or partisans like Alvin Bragg and the woman in Atlanta make these decisions for them — to try to take Donald Trump out of contention.”

Notice how Cotton dismisses and disrespects DA Willis, not even referring to her by her name or title. 

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But Cotton was not sharing an original thought. His comments echo those made by other GOP lawmakers who have rushed to use similar talking points to defend the indefensible Donald Trump, without even considering the details of the indictments against him.

As South Carolina Sen. Lindsey Graham, ranking member of the Senate Judiciary Committee, told Fox News on Tuesday:

“The American people can decide whether they want him to be president or not. This should be decided at the ballot box and not in a bunch of liberal jurisdictions trying to put the man in jail. They are weaponizing the law in this country. They are trying to take Donald Trump down and this is setting a bad precedent.

Are we going to let county prosecutors start prosecuting the … former president of the United States? You open up Pandora’s box to the presidency. This whole exercise of allowing a county prosecutor to go after a former president of the United States will do a lot of damage to the presidency itself over time. To my Democratic friends, be careful what you wish for.”

RELATED STORY: Lindsey Graham makes the most moronic Trump defense yet and gets slammed

It’s possible Graham’s position as a U.S. senator saved him from being among the many co-conspirators indicted by Willis. Fulton County’s Trump investigation did look into a November 2020 phone call that Graham made to Georgia Secretary of State Brad Raffensperger, where Graham attempted to cast doubt on the state’s signature-matching law for mail-in ballots.

But back to the script. Sen. Ted Cruz of Texas had this to say in a social media post on Xwitter:

“The indictments of Donald Trump are all about how Democrats don’t value democracy & the democratic process. Dems fear that if the voters can decide fairly in 2024 they will reject Joe Biden’s disastrous record.”

Sure, Rafael.

Cruz even went so far as to play reporter from outside the Fulton County courthouse Monday night (and promote his podcast) on Fox News’ “Hannity” show. Cruz chased soundbites with a stick mic as he waited for indictments against Trump and his co-conspirators to be handed down.  

Ted Cruz reacts to the Georgia grand jury indictments: "I'm pissed...We've never once indicted a former president...This is disgraceful...It is an abuse of power by angry Democrats who've decided the rule of law doesn't matter anymore." pic.twitter.com/ZdD0XuWjUK

— Republican Accountability (@AccountableGOP) August 15, 2023

Cruz, of course, led the Senate effort to reject electoral votes for Biden from Arizona and Pennsylvania on Jan. 6, 2021.

Meanwhile, HuffPost reports that Democratic Rep. Jamie Raskin of Maryland, the lead manager in the House’s second impeachment trial of Trump, ridiculed the notion that the justice system should step aside while Trump seeks a second term in 2024.

Raskin told HuffPost:

“Wouldn’t it be great if you could never prosecute anyone for trying to overthrow an election that they lost, because then they can keep trying to overthrow elections? Didn’t Ted Cruz go to Harvard Law School? Gee, you would have thought he would have had a little more faith in the American justice system than that.”

Raskin noted that the 14th Amendment to the Constitution bars from office anyone who has “engaged in insurrection or rebellion” against the United States. Even some conservative legal scholars have concluded that the language disqualifies Trump from holding office, though their scholarship has obviously had no effect on Trump’s 2024 campaign.

RELATED STORY: Conservatives want to bar Trump from ballot under the 14th Amendment? Get in line

Let’s check in with Republican congressional leadership!

House Speaker Kevin McCarthy of California again reverted to his cherished talking point about the “weaponization of government” against Trump, overlooking the fact that weaponizing the government is exactly what Trump did with Attorney General Bill Barr’s Justice Department during his administration—and Cotton hinted to Hewitt that Democrats could expect as much from Republicans in the future. 

McCarthy was up late Monday night, and took to Xwitter when the Fulton County indictments dropped. “Biden has weaponized government against his leading political opponent to interfere in the 2024 election,” McCarthy wrote. “Now a radical DA in Georgia is following Biden’s lead by attacking President Trump and using it to fundraise her political career.”

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

— Kevin McCarthy (@SpeakerMcCarthy) August 15, 2023

Senate Minority Leader Mitch McConnell, however, has put his head in his tortoise shell.

Roll Call reported Tuesday that McConnell has remained quiet regarding Willis’s indictment; Spectrum News in Kentucky noted the same on Wednesday.

Recall what McConnell said when he decided to vote to acquit Trump after his second impeachment trial in February 2021.

“President Trump is still liable for everything he did while he was in office as an ordinary citizen,”  McConnell said. “He didn’t get away with anything. Yet.”

"We have a criminal justice system in this country. We have civil litigation," he continued. "And former presidents are not immune from being accountable by either one."

Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries, both New York Democrats, issued a joint statement Monday evening.

“As a nation built on the rule of law, we urge Mr. Trump, his supporters and his critics to allow the legal process to proceed without outside interference,” they said.

HuffPost offered this reaction from Democratic Rep. Nikema Williams, whose district includes most of Atlanta.

“We fully intend to beat the former president at the ballot box but this is about accountability, giving the people who show up to vote confidence that their will be counted,” Williams said Tuesday on a press call organized by the nonprofit Public Citizen.

The last word goes to Willis, who rejected claims by Trump and other Republicans that her prosecution was politically motivated.

"I make decisions in this office based on the facts and the laws," Willis said. "The law is completely nonpartisan. That's how decisions are made in every case."

Morning Digest: Anti-machine activist could be top contender for key New Jersey House race

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

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Leading Off

NJ-07: Former Rep. Tom Malinowski told the New Jersey Globe's David Wildstein on Tuesday that he won't run to regain his old House seat from Republican Rep. Tom Kean Jr., but another well-connected figure may be interested in campaigning for North Jersey's 7th Congressional District.

Wildstein reported in March that Sue Altman, who runs the New Jersey Working Families Alliance, was considering seeking the Democratic nod for this competitive district, which Joe Biden took by a narrow 51-47 spread, and he now writes she "could emerge as a leading candidate" with Malinowski taking his name out of contention. Altman is a one-time Republican who emerged as a prominent force in state politics by challenging the power of longtime party boss George Norcross. (Her organization is the state affiliate of the national Working Families Party, which usually backs progressive Democrats rather than run its own general election candidates.)

Altman, Politico wrote last year, has been a crucial backer of Gov. Phil Murphy, especially during his first term when he worked to pass his agenda over Norcross supporters in the legislature. She doesn't appear to have publicly expressed interest in taking on Kean, though she drew attention last month by organizing a protest against the congressman for failing to hold a single in-person town meeting.

It's quite possible that others will also consider running for the 7th, which is based in the southwestern New York City suburbs and exurbs, now that they know they won't face Malinowski. Few names, however, have emerged so far. Former state Sen. Raymond Lesniak, who would be 78 on Election Day, didn't rule out the idea in February, but we haven't heard anything from him since. Wildstein, meanwhile, says three other Democrats have decided not to run: Assemblyman Roy Freiman; former Treasury official Jim Johnson; and Matt Klapper, the chief of staff to U.S. Attorney General Merrick Garland.

Anyone who wants to defeat Kean in the 7th District, which is entirely located in the ultra-expensive New York City media market, will be in for a difficult battle, but it's one Democrats will want to engage in after the Republican's surprisingly underwhelming win last year. Kean, who is the son and namesake of the popular former governor from the 1980s, first challenged Malinowski in 2020 under the old map and held him to a 51-49 victory even as Biden was prevailing here 54-44.

Kean quickly made it clear he would run again after that close loss, while the incumbent's standing took a hit after news broke that he'd failed to disclose millions in stock trades during the beginning of the pandemic. Malinowski's broker claimed the trades were made without the congressman's "input or prior knowledge," but that did little to quiet intra-party fears that his political career would soon come to an end.

Malinowski's future only grew more dire when his own party decided to target him in redistricting. New Jersey Democrats preferred to sacrifice one of their own to ensure the rest of the state's delegation could enjoy friendlier districts, and it was Malinowski who drew the short straw: Democratic power brokers convinced the state's bipartisan redistricting commission to adopt a map that slashed Biden's margin of victory in the 7th from 10 points to just 4 while shoring up vulnerable members elsewhere.

Malinowski decided to run again anyway despite all the obstacles arrayed against him, but while he received some help from national Democrats, they did not make his contest a priority: Though the two largest outside groups on the GOP side ended up deploying $5.7 million to help Kean, their counterparts on the left spent just $1.4 million.

The intense Democratic pessimism may, however, have turned into a self-fulfilling prophecy: Kean, who had been expected to walk over Malinowski, prevailed by just a 51-49 margin. While a win is a win, Kean's squeaker—despite everything else seemingly going his way—will likely ensure that Democrats take a much bigger interest in this race in 2024.

The Downballot

How can Democrats win the messaging war? It turns out there's actually a science to it, as strategic communications consultant Anat Shenker-Osorio tells us on this week's episode of "The Downballot." Shenker-Osorio explains how her research shows the importance of treating voters as protagonists; how Democrats can avoid ceding "freedom" to Republicans by emphasizing "freedoms," plural; and why it actually makes sense to call out "MAGA Republicans" (even though, yes, it's all Republicans).

Co-hosts David Nir and David Beard also break down a major retirement in Delaware, which paves the way for the state to elect its first Black senator, and discuss how the entrance of a prominent candidate in Michigan's Senate race likely means that Democrats will in fact host a genuinely contested primary. It all adds up to the possibility that more Black women will join the Senate in 2025 alone than in all of American history. Finally, the Davids lay out the five-year plan for Democrats to win back the North Carolina Supreme Court and drive a stake into GOP gerrymandering—again.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show—new episodes every Thursday! You'll find a transcript of this week's episode right here by noon Eastern Time.

Senate

CA-Sen: Democratic Rep. Barbara Lee has released an internal of next year’s top-two primary from a trio of firms―FM3, EVITARUS, and HIT Strategies―that shows her deep in fourth place before respondents learn more about her:

  • 2022 attorney general candidate Eric Early (R): 27
  • Rep. Katie Porter (D): 24
  • Rep. Adam Schiff (D): 21
  • Rep. Barbara Lee (D): 11

The memo argues that Lee’s deficit comes from her relatively low name recognition, and it shows her doing better once positive bios are read about all three Democrats. (The text of those statements is included.)

This is the very first poll we've seen testing a field that includes Early, who grabs one of the two general election spots here. However, Inside Elections' Jacob Rubashkin notes that Early almost certainly won't be the only Republican on next year's ballot (ten Republicans ran in last year's top-two for California's other Senate seat) and thus won't be able to monopolize the GOP vote the way he does here.  

MT-Sen: While Republican Rep. Ryan Zinke still hasn't quite closed the door on running against Democratic Sen. Jon Tester, he sounded unlikely to go for it in a recent interview with the Flathead Beacon. The congressman instead talked up retired Navy SEAL Tim Sheehy, whom NRSC chair Steve Daines is trying to land.

"We're looking at the [potential] field," Zinke added, "but honest to God I am also concentrated on Appropriations, because I was elected to this job and [it] needs full attention." After citing his other committee assignments, he also declared that "as far as Montana goes I'm in a good position to make sure our interests in the state are well served."

TX-Sen: UT Tyler finds Republican incumbent Ted Cruz leading Democratic Rep. Colin Allred 42-37 in the very first poll we've seen testing this matchup. Allred is currently the only serious Democrat running, though state Sen. Roland Gutierrez reportedly is preparing to jump in after the legislative session ends May 29.

House

AZ-01: Former TV news anchor Marlene Galan Woods on Wednesday joined the busy Democratic primary to take on Republican Rep. David Schweikert for a seat in the Phoenix area that Biden narrowly carried. Woods is the widow of Grant Woods, who served as Arizona's Republican attorney general in the 1990s, and she also identified as a "lifelong Republican" before joining the Democrats during the Trump era. The new candidate, who identified herself as a "moderate" in January, herself hasn't run for office before, though she chaired Democrat Adrian Fontes' victorious campaign for secretary of state last year.

Woods is competing in a crowded nomination contest where there's no obvious early frontrunner. The field includes businessman Andrei Cherny; orthodontist Andrew Horne; former Arizona regional Red Cross CEO Kurt Kroemer; and state Rep. Amish Shah.

AZ-06: Businessman Jack O'Donnell, a former Trump casino executive who has spent decades denouncing his former boss, on Wednesday declared he'd seek the Democratic nod to take on freshman Republican Rep. Juan Ciscomani. He joins a primary that includes 2022 nominee Kirsten Engel, who lost to Ciscomani 51-49 two years after Biden carried this Tucson area constituency by a bare 49.3-49.2.

O'Donnell back in 1987 became a vice president of Trump Plaza in Atlantic City, New Jersey, an experience he followed up four years later with a book titled "Trumped! The Inside Story of the Real Donald Trump—His Cunning Rise and Spectacular Fall." O'Donnell went on to lead a development company and work in what azcentral.com characterizes as the "addiction-recovery industry," but most of his national exposure came during the 2016 election when he made several TV appearances talking about his time with Trump. "When he used the word Mexicans and rapists, together, I went, this is his bigotry at its finest," he told "Frontline" in one interview, "This is really Donald Trump. Because in 26 years, it hasn't changed."

O'Donnell launched his bid by pitching himself as a centrist, arguing, "I think if we continue—and the Democrats can be just as guilty as the Republicans—if you continue to elect people who are far right and far left, it will continue to be more polarized than what it is today." The candidate, by contrast, said, "I really do feel like I am somebody that is in the middle."

CA-14: The House Ethics Committee on Monday informed Democratic Rep. Eric Swalwell that it had closed its two-year probe into allegations that he had ties to a person suspected of being a spy for China and would not take any action. House Speaker Kevin McCarthy cited the allegations earlier this year when he prevented Swalwell, who had served as a manager during Donald Trump's first impeachment, from serving on the House Intelligence Committee.

"Nearly 10 years ago I assisted the FBI in their counterintelligence investigation of a campaign volunteer," the congressman said in statement Tuesday, which he followed up with a tweet declaring, "For years MAGA GOP has falsely smeared me to silence me."

CA-40: Allyson Damikolas, who serves as a trustee on the Tustin Unified School District, announced Wednesday she'd campaign as a Democrat in next year's top-two primary against Republican Rep. Young Kim. Biden carried this constituency in eastern Orange County 50-48, but it's remained friendly to Republicans like Kim down the ballot. Damikolas is the first notable candidate to challenge Kim this cycle, though retired Orange County Fire Capt. Joe Kerr filed FEC paperwork weeks ago.

Conservatives last year tried to recall Damikolas and two of her colleagues for ostensibly promoting critical race theory. Damikolas responded, "The racial subtext seemed obvious given that I'm only the second school board member of Hispanic heritage elected to the Tustin school board in our 50-year history." While the head of the county GOP issued an apocalyptic warning that a failed recall "will only embolden the uber-left," no one turned in signatures to force a vote against any of the three members before the deadline passed.

NY-02: Businessman Rob Lubin declared Tuesday that he'd seek the Democratic nomination to face GOP Rep. Andrew Garbarino, and he said the next day that he'd brought in $220,000 during the first 24 hours of the campaign. Lubin's team tells us that only $6,600 of this came from the candidate, who is the founder of a company he describes as "an industry-leading online marketplace for fashion and apparel."

Donald Trump carried this constituency, which includes the south shore of Suffolk County, just 50-49, but this is another Long Island district where Democrats badly struggled last year. Republican Lee Zeldin, who represented a portion of this seat under the last map, beat Democratic Gov. Kathy Hochul here in a 61-39 landslide, according to Bloomberg's Greg Giroux, while Garbarino won his second term by that very same margin.

OH-09: Former state Rep. Craig Riedel has once again earned the backing of 4th District Rep. Jim Jordan, the prominent far-right extremist who represents a seat to the south, in the GOP contest to take on Democratic incumbent Marcy Kaptur, though that endorsement proved to be of limited value last time. Riedel ran commercials during his 2022 effort touting Jordan's support, but primary voters ultimately favored QAnon ally J.R. Majewski 36-31. Majewski, despite his disastrous general election campaign, is once again competing with Riedel for the right to take on Kaptur.

International

Alberta: One of the most compelling elections this year is taking place on Monday in our neighbor to the north. Though Alberta is a contender for the title of Canada's most conservative province, polls show the center-left New Democratic Party could dethrone the governing United Conservative Party in the race for the province's Legislative Assembly.

  • An eight-decade conservative reign: From 1935 until 2015, right-of-center parties ran Alberta without a break. That finally ended when a far-right splinter party split the vote with the incumbents, allowing the NDP to score a historic victory, but after conservatives reunited under the UCP banner, they easily reclaimed power in 2019.
  • Sound familiar? This time, there's no disunity on the right thanks to the UCP's new leader, an extremist, media-savvy demagogue with a penchant for conspiracy theories that have alienated moderate suburban voters. The UCP's rightward march is a key reason the election is as close as it is.
  • The critical races: As in the race for any state legislature in the U.S., Canadian elections are decided on a district-by-district basis. The key battleground is Alberta's largest city, Calgary, where conservatives have kept a stubborn grip despite the city's growing diversity. The NDP will need to make inroads here if it's to flip enough seats for a majority.

Will the NDP do it? Read more about how this contest has taken shape and find a list of key districts to watch on election night.