Border Patrol Chiefs To Testify Before House Committee After First Being Blocked By Mayorkas

By Bethany Blankley (The Center Square)

U.S. Border Patrol chiefs will testify before the House Committee on Oversight and Accountability on Tuesday after they were first blocked by Department of Homeland Security Secretary Alejandro Mayorkas from doing so.

Last month, Committee Chairman Rep. James Comer, R-Kentucky, sent a letter to Mayorkas stating the committee would be investigating the “Biden Administration’s creation of and failure to resolve the worst border crisis in American history. … The American people deserve answers about [DHS’] role in undermining Customs and Border Protection agents’ efforts to secure the southern border.”

Four Border Patrol agents overseeing southern border sectors were called to testify: Chiefs Jason Owens, Gregory Bovino, Gloria Chavez, and Acting Chief Patricia McGurk-Daniel. Initially, two were cleared to testify by Mayorkas and two weren’t.

Comer then threatened to use the “compulsory process” to require them to testify. By Jan. 31, Mayorkas agreed to all four testifying and Comer sent another letter to him saying, “The Department of Homeland Security (DHS) initially sought to prevent Congress from hearing invaluable testimony from Chief Patrol Agents, believing that DHS’s internal protocols superseded Congressional oversight prerogatives. I am pleased that the DHS is no longer taking such a position, and will make available as witnesses” all four agents.

Comer last week told reporters at the National Press Club that the committee requested they testify about “the worst offenses with respect to illegal border crossings are occurring, just to come before the committee. … We need to hear from people on the front lines” to ask their advice and how Congress can help them do their jobs.

Comer’s initial Jan. 19 letter to Mayorkas requested documents and copies of internal communications from DHS including data on border crossers released by DHS into the U.S. and DHS’ plan to terminate the Migrant Protection Protocols (MPP), otherwise known as “Remain in Mexico,” over which Texas sued. A federal court halted the administration’s plan to terminate it although Texas maintains the administration isn’t following the court order.

The letter also requires Mayorkas to provide information about “the effect of historic numbers of illegal border crossings on retention rates, staffing, recruitment and morale among” Border Patrol agents. The National Border Patrol Council, the union representing them, has argued that under this administration more agents are retiring and recruitment and morale is at an all-time historic low.

Comer also requested all documents and information about an ICE memorandum Mayorkas issued in September 2021, which drastically altered enforcement policies. Texas and Louisiana sued to stop it, supported by 19 states that filed a brief with the Supreme Court.

“President [Joe] Biden’s radical open borders agenda has ignited the worst border crisis in American history,” Comer said in a statement last month when he announced the hearing. “The Biden Administration’s deliberate actions are fueling human smuggling, stimulating drug cartel operations, enabling deadly drugs such as fentanyl to flow into American communities, and encouraging illegal immigrants to flout U.S. immigration laws. … Republicans will hold the Biden Administration accountable for this ongoing humanitarian, national security, and public health crisis that has turned every town into a border town.”

In early January, Biden said on his first day in office he sent to Congress a comprehensive immigration reform bill that would extend amnesty to a wide range of people illegally in the U.S. He also announced DHS’ new mobile app that allows foreign nationals to file asylum claims remotely from anywhere in the world as well as expanding the parole process and creating a new visa process. Multiple states also sued over the parole and visas policies, which they argue are illegal.

The hearing comes after Border Patrol Chief Raul Ortiz testified in a case brought by Florida that Biden policies led to increased illegal crossings and one of his emails revealed the administration’s plan to release people en masse into the U.S. once Title 42 was lifted.

Since Biden’s been in office, over 5 million people from over 150 countries have illegally entered the U.S. while Mayorkas has consistently maintained the southern border is closed. A record 3.3 million people were apprehended or reported evading capture by law enforcement in fiscal 2022, according to Border Patrol data obtained by The Center Square, including nearly 1.8 million in Texas alone.

Several House Republicans have called for Mayorkas’ impeachment; two Republicans from Texas and Arizona each filed separate articles of impeachment. Mayorkas says he isn’t resigning and has blamed the previous administration for the problems he says he’s inherited.

The NBPC disagrees, tweeting on Monday: “Two years ago we ceased to have any semblance of a functioning border. It’s just an out-of-control free-for-all … a disaster zone of massive human misery, death and lawlessness. How much longer can this country continue to absorb millions of illegal aliens?

“Everyday thousands more illegal aliens enter our country by crashing our border between ports of entry. Has Biden thought about how many millions he’s going to shuttle in? Is he even aware enough to realize that many of these people can’t be ID’d and no way to check records?”

Syndicated with permission from The Center Square.

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Chief justice temporarily blocks Title 42 end, indicates further action from court could come soon

Chief Justice John Roberts on Monday temporarily halted the Biden administration’s planned lifting of the anti-asylum Title 42 order, granting a so-called emergency appeal from a slate of Republican attorneys general. “So-called emergency appeal,” because the appeals court panel that had last week denied the GOP request noted that the group of 19 attorneys general had waited too long to file their request.

The Biden administration had planned to lift the debunked public health order that’s used the pandemic as an excuse to quickly deport asylum-seekers in violation of their rights Tuesday evening, following a lower court order. Roberts instructed the administration to respond by this evening, indicating more action could be imminent. Legal expert Mark Joseph Stern noted that Roberts’ administrative stay “does not hint at the eventual outcome.”

RELATED STORY: D.C. Court of Appeals panel rejects GOP effort trying to keep anti-asylum policy in place

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Republicans have simultaneously claimed that the Biden administration has an “open borders” policy while insisting that the Title 42 policy—which was implemented against the advice of public health experts by noted white supremacist Stephen Miller and Mike Pence at the beginning of the pandemic in March 2020—must stay in place indefinitely. They have also insisted this public health order remain as they’ve consistently challenged other pandemic-related orders by the administration.

“The Biden administration, for its part, has insisted it is prepared to lift Title 42, saying the restoration of regular immigration procedures, such expedited deportations, will allow the U.S. to gradually reduce migrant arrivals and the high rate of repeat crossings recorded during the pandemic,” CBS News reported.

That last part is crucial: Title 42 in fact led to an increase in apprehensions, because desperate people blocked from their asylum rights and expelled have had no choice but to try again. It’s a failed policy, and its lifting would put our country back on the side of respecting U.S. and international asylum law. In a statement, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said that as required by Roberts’ order, “the Title 42 public health order will remain in effect at this time and individuals who attempt to enter the United States unlawfully will continue to be expelled to Mexico.”

“While this stage of the litigation proceeds, we will continue our preparations to manage the border in a safe, orderly, and humane way when the Title 42 public health order lifts,” Mayorkas continued. “We urge Congress to use this time to provide the funds we have requested for border security and management and advance the comprehensive immigration measures President Biden proposed on his first day in office.”

House Republicans set to take power in the next Congress have indicated they’re serious about leading on immigration policy … by pushing a harebrained idea to impeach Mayorkas. Over what crimes? They haven’t figured that part out yet.

Vice President Kamala Harris similarly noted the need for lawmakers to lead on comprehensive immigration measures, and she called out for Republicans for failing to come to the table. They obsess on the issue of immigration only when it’s election season (my words, not hers). For example, a proposed framework that would have passed permanent relief for young immigrants in exchange for harsh border measures recently failed, derailed by Republicans’ “border first” excuses even though there was border stuff in there.

"I think that there is so much that needs to happen to address the issue," the vice president told NPR. "And sadly, what we have seen in particular, I am sad to say, from Republicans in Congress is an unwillingness to engage in any meaningful reform that could actually fix a lot of what we are witnessing.”

RELATED STORIES:

Biden admin set to lift anti-asylum Title 42 order next week, but GOP appeal may now delay that

'Arbitrary and capricious': In victory for asylum-seekers, judge orders end to Miller pandemic order

Testimony confirms Title 42 was never about public health, it was about deporting asylum-seekers

Texas Gov. Abbott Calls for Investigation into Groups Assisting With Illegal Entry into US

By Bethany Blankley (The Center Square)

Texas Gov. Greg Abbott has called for an investigation into the role non-governmental organizations are playing in helping foreign nationals illegally enter Texas from Mexico.

Abbott sent a letter Wednesday to Attorney General Ken Paxton requesting that his office “initiate an investigation into the role of NGOs in planning and facilitating the illegal transportation of illegal immigrants across our borders.”

RELATED: Biden Scoffs at Suggestion to Visit Border: ‘There Are More Important Things’ To Do

With the public health authority Title 42 slated to end Dec. 23, the number of people illegally entering Texas has reached an all-time high. Over a 24-hour period on Sunday, more than 2,600 people crossed the Rio Grande River near El Paso and illegally entered Texas.

Abbott writes, “there have been reports that NGOs may have assisted with” these illegal border crossings” and “may be engaged in unlawfully orchestrating other border crossings through activities on both sides of the border, including in sectors other than El Paso.”

Not only did he call for an investigation, but he also said he and the state legislature were willing to craft “any sensible legislative solutions” Paxton’s office might propose to solve “the ongoing border crisis and the role that NGOs may play in encouraging it.”

Abbott’s call came after Border Patrol El Paso Sector Chief Peter Jaquez announced, “Over the weekend, the El Paso Sector experienced a major surge in illegal crossings, with a 3-day average of 2,460 daily encounters, primarily through the downtown area of El Paso.”

The El Paso Sector, which covers two west Texas counties and all of New Mexico, has become a destination of illegal entry orchestrated by the cartels and the Mexican government. In November, the number who illegally entered the El Paso Sector was greater than the individual populations of all cities in New Mexico except for four.

RELATED: Republicans Call for Impeachment of Biden’s DHS Chief Over Border Invasion

Fox News captured some of the crossings on video, saying one group of 1,000 was the largest single group it had ever recorded. It also reported that “Border Patrol now has over 5,000 in custody and has released hundreds to city streets.”


Prior to entering El Paso, the foreign nationals were “dropped off” at an NGO in Mexico before they crossed into Texas illegally, Fox News reported.

“Video from one of the passengers inside one of the migrant buses showing their Mexican police escort, as well as a photo of part of the huge group walking to the border after they were dropped off at NGOs in Ciudad Juarez,” Fox News reported.

Publishing video and photographs online, Fox News showed a caravan of nearly 20 buses full of foreign nationals being “escorted by Mexican police into Ciudad Juarez before they crossed en masse into El Paso.”


On Monday, BP Chief Raul Ortiz announced that BP agents in the last 48 hours reported more than 16,000 encounters with illegal foreign nationals along the entire southern border. They also confiscated over $97 million in narcotics and four firearms and apprehended three gang members, two sex offenders, and two murderers.

RELATED: Record Number of Border Apprehensions, Gotaways in November

This is after a record number of over 306,000 illegally entered the U.S. through the southern border in November, according to preliminary data obtained by The Center Square.

“These numbers are likely to increase in the coming weeks,” Abbott said. “Although the burden to address the ongoing border crisis should not fall to Texas, the federal government has failed to take action to address this problem.”

While Abbott has taken unprecedented action to secure the border, he has yet to officially declare an invasion and repel it, something the Republican Party of Texas and at least 40 county judges have called on him to do. The Texas Military Department and Texas law enforcement are not preventing illegal entry as evidenced by the surge at the border, which is only expected to intensify, critics argue.

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House members urge federal intervention into Greg Abbott’s white nationalist declaration

Is Greg Abbott looking to the 2024 presidential race? Quite possibly, and groan, because after trouncing Beto O’Rourke in the 2022 election by nearly one million votes, the right-wing governor is continuing his string of nativist stunts, this week officially declaring supposed powers that he claims allow him to take “unprecedented measures” to defend Texas “against an invasion.”

No one’s being invaded, and Abbott knows that. He’s instead signaling to the white nationalists who like to use this language. But just as importantly, some of the supposed powers that Abbott claims he has, like returning migrants to the border, are strictly the job of the federal government. A number of lawmakers from Texas say it's incumbent on the government to intervene.

RELATED STORY: D.C. attorney general says he's probing whether migrants bused to capital were tricked by GOP

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“As members of Congress representing the great state of Texas, we are deeply disturbed with recent comments made by the Governor of Texas suggesting he has invoked invasion authorities under the U.S. Constitution to justify the use of state resources to further militarize our southern border,” lawmakers led by former Trump impeachment manager Sylvia Garcia tell the Biden administration in a letter obtained by The Hill. They not only object to Abbott’s supposed authority, they object to his reckless, flame-throwing rhetoric.

“Legal authority aside, there is simply not an invasion happening at the border,” they continued. “Many of the immigrants arriving at our border are exercising their right to claim asylum and other forms of humanitarian relief. They are not waging war against the United States or Texas.”

It is sad that even has to be said, but Abbott has a history of signaling to violent white supremacists through his rhetoric. He knows damn well that “invasion” wording was used by the racist mass gunman who murdered Texans at a Walmart in 2019, yet he’s continued to echo that rhetoric as recently as this past summer. Greg Abbott knows exactly what he’s doing. He’s further endangering lives—even as racist mass shooters since El Paso have echoed that wording.

“Declaring an invasion under the U.S. Constitution is an incendiary and divisive idea that will certainly lead to unnecessary litigation and will encourage dangerous anti-immigrant sentiments,” lawmakers continued in their letter. “Put simply, this type of reckless stunt will only continue to put Latino communities at risk of greater violence.”

The Hill also reports that Abbott’s actions are again pissing off Mexican officials, who said in a statement that “implementation of migratory laws, border control and the negotiation of international agreements are exclusive authorities of the federal government.” Abbott already faced ire from the Mexican government during his short-lived, massively expensive flop of a stunt forcing commercial vehicles to undergo redundant checks that actually didn’t do much of any checking. Facing international blowback and massive financial losses, Abbott quickly ended the disastrous policy.

Abbott has continued his busing stunt using migrants as human props, expanding his scheme to Pennsylvania. Among those he sent to Philadelphia was a 10-year-old girl who reportedly arrived so sick with fever and dehydration that she had to be immediately hospitalized. But Greg Abbott doesn’t care.

“The Governor of Texas is taking a white nationalist conspiracy theory that has inspired multiple domestic terrorist attacks and making it official state policy by declaring migrants to be a literal invading force,” said Zachary Mueller, Political Director at America’s Voice. “In 2019, a Texas man murdered 23 people in El Paso, Texas, in an act of domestic terrorism, which he believed would stop the ‘Hispanic invasion.’ After three years and another terrorist attack in Buffalo, New York, inspired by ‘invasion’ paranoia, Gov. Abbott is fully embracing this deadly racist lie and giving it a governmental imprimatur.”

RELATED STORIES:

Greg Abbott signals to violent white supremacist extremists in latest anti-immigrant order

Republicans are refusing to stop using racist mass killers' 'invasion' rhetoric

Sick child bused by Greg Abbott needed hospitalization after arriving in Philadelphia, reports say

Highlights from The Downballot: Ben Wikler on how Democrats can win big in Wisconsin

This week on The Downballot, hosts David Nir and David Beard recapped recent elections, including a special election for a congressional seat in Texas and primaries in South Carolina that saw one pro-impeachment Republican go down in defeat. The pair also discussed an unusual Saturday special election in Alaska for the seat that had been held for decades by the late Republican Rep. Don Young.

Nir and Beard welcomed the chair of the Wisconsin Democratic Party, Ben Wikler, as this week’s guest. Wikler shared more about what a state party like his does and the key races they're focusing on this November.

You can listen below or subscribe to The Downballot wherever you listen to podcasts. You can also find a transcript for this week right here. New episodes come out every Thursday!

Beard kicked off the program with the top headlines from Tuesday night.

Texas held a special election to fill the remaining term for Democratic Rep. Filemon Vela, who resigned earlier this year to take a job with a lobbying firm. Conservative activist Mayra Flores flipped this Rio Grande Valley-based district to the GOP, winning about 51% of the vote. There were four candidates on the ballot, but just one major Republican and one major Democrat. Flores won 51% of the vote, and the major Democratic candidate, former Cameron County commissioner Dan Sanchez won about 43% of the vote.

Beard noted that there wasn't a ton of investment in trying to hold this seat on the Democratic side and that Republicans noticed an opportunity and spent heavily on the race:

Republicans spent over a million dollars on this race. They really invested. Democrats only began airing TV ads in the final week. They didn't spend very much money. This district is changing a significant amount. Biden won the current district, which is still from the 2010 redistricting cycle, by a 52-48 margin, but Biden wins the new district that will go into effect this November by a 57-42 margin, so it's getting noticeably more Democratic.

“That being said, that's definitely a shift in the margin from 52-48 Biden to—if you combine the Democrats and the Republicans—about 53% voted Republican and 47% voted Democrat, so that's a noticeable shift. It's certainly in line with a more Republican-leaning year, which is what we've been seeing with the polling and with other information that's been coming in,” Beard added. “The other factor here that's certainly worth noting is that it was very, very low turnout, so that can also be a factor in why there was somewhat of a shift. So you don't want to take this and just say, ‘Oh, we saw this shift. It'll translate all the way to November in every way,’ but it's certainly a signal worth acknowledging that it is certainly a sign of a Republican-leaning environment right now.”

The hosts then recapped primaries in South Carolina, which some have framed as “Trump's revenge.” Trump did, in fact, exact revenge against a Republican congressman in the 7th district, Tom Rice, who was one of the ten GOP House members who voted for impeachment. Rice was soundly defeated by state Rep. Russell Fry, who beat him 51-25. “What was even more remarkable about this is there were five Republicans total challenging race so for Fry to get a majority of the vote was pretty unexpected. Even Fry claimed that his own polling showed the race going to a runoff,” Nir said.

The other South Carolina race that was really closely watched this week was in the 1st District, where Rep. Nancy Mace beat former state Rep. Katie Arrington 53-45, thus avoiding a runoff. Trump endorsed Arrington, as he was furious at a few of Mace’s critical comments of him after Jan. 6, even though she very quickly backed off.

On Saturday, Alaska held a special election for Alaska's at-large congressional seat, which has been vacant since GOP Rep. Don Young passed away earlier this year. Alaska has a fairly distinct electoral system: all of the candidates were on the ballot in this first round, and the top four candidates will advance to a second round on Aug. 16. That ballot will use ranked-choice voting to determine the winner. Ballots are still being counted, but the AP has declared three of the four candidates who will advance to the second round, the first being former Gov. Sarah Palin, who has a clear lead so far with about 30% of the vote.

Beard summarized the outcome so far:

Of course, Palin is a Republican, as is the so far second-place candidate, businessman Nick Begich, who has about 19% of the vote. And then independent Al Gross, who is also the former 2020 Democratic nominee for Senate but is running now as an Independent; he's also been called to advance. He has about 13% of the vote so far. And then, the fourth slot hasn't been called yet, but former Democratic state Rep. Mary Peltola is currently in that spot and will likely advance as well, unless late-breaking ballots are radically different than what's been counted so far.

Palin's strong first-round showing, getting over 30% of the vote, makes it likely that she will be one of the last two candidates standing when this ranked-choice voting takes place. The big question, Beard points out, is: Who is going to make it into that other slot where the fourth-place candidate and then the third-place candidate are eliminated?

While Palin has always been a polarizing figure, she has Donald Trump's endorsement, which makes it much more likely that Begich would pick up Independents and Democrats, if it is those two facing off against each other at the very end of the instant runoff tabulations.

At this point, Wikler joined the hosts to discuss the crucial work of the Wisconsin Democratic Party.

“Let's talk a little bit about what that rollercoaster ride has been like. I'm sure that some of our listeners are probably pretty plugged into their own state Democratic parties. But I'll bet that many folks aren't necessarily all that familiar with what their state parties do. And of course, the goal of any party organization is to get its candidates elected. But what exactly does the Wisconsin Democratic Party do to make that happen?” Nir asked.

The biggest part of the organization’s budget and its crown jewel, Wikler asserts, is its organization model, which allows it to reach voters in every corner of the state:

Our state party unusually uses the Obama campaign model, where our organizers actually build teams of volunteers that run door-to-door canvassing and phone banking operations in their own communities. And when you do that on a continuous basis, as we've done now since my predecessor, who launched these neighborhood teams in the spring of 2017, and we've built and built and built them; we now have hundreds across the state. When you do that continuously, you actually build momentum over time. So, every dollar you spend on organizing goes further, because you can have one organizer who's working with multiple teams to coach and support them and make sure they have the data they need.

A robust voter protection operation that is run on a year-round basis is now a mainstay of the organization’s work, as well. Wikler highlighted how the party has increasingly focused on voting rights over these last few years to make sure that local clerks aren't rolling back voting rights. The state Democratic Party also recruits and supports poll workers, poll observers, and lawyers who are able to help voters resolve issues. A voter protection hotline is also available for anyone in Wisconsin to call at 608-DEM-3232.

Last, but not least, the party’s data team helps make sure they’re figuring out where the voters they need to mobilize are and who they need to persuade.

Next, the trio delved into Wikler and his team’s plan to defeat Republican Sen. Ron Johnson this fall. As Wikler put it, “Ron Johnson is so, so appallingly extraordinarily bad”:

It’s not just that he says that COVID can be cured with mouthwash or says that the Jan. 6 insurrectionists were patriots who love their country and love law enforcement—which is something he actually said. He said he would've been scared if it had been Black Lives Matter protestors, but he wasn't scared with the protestors that were actually there. It's not just all that stuff. It's that he's profoundly self-serving. His claim to fame as a senator is that he insisted on an extra tax break on top of Trump's giant tax scam that personally benefited him and his biggest donor massively. It's one of the most regressive tax cuts ever passed through the United States Congress that he insisted on putting in, and that he's been billing taxpayers to fly him back to Congress from his vacation home in Florida.

So we've been making this case against him, and so many independent and grassroots organizations have done the same thing. His approval rating is now 36%, which is stunning in a year that's supposed to be tough for Democrats and good for Republicans. The Political Report called him the most vulnerable incumbent from either party in the Senate in 2022. And meanwhile, on the Democratic side, there's a contested primary. There's a bunch of candidates who've made the ballot, but we won't know our nominee until Aug. 9. And so this is a perfect kind of case in point for why having a strong party matters, because we have to build the whole general election apparatus before Aug. 9. It's like building a spaceship right on the launchpad. And then once we have the nominee, they jump into the cockpit and they hit ignition.

“Can you tell us a little bit more about this spaceship that you're building on the launchpad for the eventual Democratic nominee for the Senate race?” Nir asked.

Wikler discussed the intersection of the digital, the data, the organizing, the voter protection, the communications—all the different elements. He also mentioned that, due to state party rules, the Wisconsin Democratic Party is bound and committed to remaining neutral in the primary. “So we're not putting our thumb on the scale, but all the candidates have told us that once we have a nominee, they will work with the infrastructure that we've put in place,” he added. “As opposed to doing what has often happened in different states around the country, which is: you get a Senate nominee, and they decide they want to reshuffle all the staff and reshape how the program works and all this kind of stuff.”

As far as goals from the point of view of the state party for the state legislative elections that are coming in November, and candidates to highlight for those races, Wikler had the following to say:

Republicans have managed to re-gerrymander the maps, at least for now, with some help, I should mention, from the U.S. Supreme Court, which unlike in other states, decided to reach down and strike down our state legislative maps for reasons that will puzzle constitutional scholars for decades. So we have really, really tough maps this cycle.

Republicans are explicitly trying to get supermajorities in both chambers yet again, and we are explicitly determinedly working to stop them. We have great Democratic leaders in both chambers that we're working closely with: Greta Neubauer in the Assembly, Janet Bewley in the state Senate. We have strong candidates across the state. ...

Then next year, just to squeeze this in, in April of 2023, we have a state Supreme Court race. There will not be a lot happening across the country in elections that spring, but that race will be for the majority in Wisconsin state Supreme Court. If we can sustain the governor's veto and if we have a non-hyper right wing majority in our state Supreme court, that sets us up to have a secure and fair and legitimate election in 2024, when Wisconsin will probably be the tipping point state yet again.

Lastly, Beard asked Wikler how listeners could help: “So how can our Wisconsinite listeners get in touch with the Democratic Party in their state and get more involved?”

Wikler replied:

Wherever you might be, you can support Democrats and the Democratic Party of Wisconsin in fighting for victory for Gov. Evers and defeating Ron Johnson. I think Dems up and down the ballot, including defeating Derek van Orden, who's an insurrectionist currently on probation for trying to bring a gun on a plane. He's running for Congress in the third congressional district, which is an open seat. We need help across the board, and you can get involved. You can become a monthly donor. That is the single, my favorite thing you can do.

If you go to wisdems.org/monthly, you can sign up to give a few bucks a month; that helps us to hire and know that we'll be able to keep our staff on month over month, year over year, and that in turn allows us to do the kind of deep, long term organizing, building neighborhood teams … that help us win, especially in these tough elections like the spring state Supreme Court race next year. And finally, I'll give the link wisdems.org/volunteer. You can join our virtual phone banks. You can join our volunteer operation to turn out every possible Democratic voter. Races here are so close, so often.

The Downballot comes out every Thursday everywhere you listen to podcasts. As a reminder, you can reach our hosts by email at thedownballot@dailykos.com. Please send in any questions you may have for next week's mailbag. You can also reach out via Twitter: @DKElections.

Our all-time favorite loser prays the fifth time will be the charm on his endless quest for Congress

We have more primary action Tuesday as voters in Maine, Nevada, North Dakota, and South Carolina select their party’s nominees. Additionally, there will be an all-party primary in Texas’ 34th District to replace Democratic Rep. Filemon Vela, who resigned early to take a job at a lobbying firm. 

Below you'll find our guide to all of the top contests, arranged chronologically by each state’s poll closing times. When it’s available, we'll tell you about any reliable polling that exists for each race, but if we don't mention any numbers, it means no recent surveys have been made public.

And of course, because this is a redistricting year, every state on the docket has a brand-new congressional map. To help you follow along, you can find interactive maps from Dave's Redistricting App for Maine, Nevada, and South Carolina. (North Dakota retains its lone congressional district.) 

Listen and subscribe to Daily Kos Elections’ The Downballot podcast with David Nir and David Beard

Note that the presidential results we include after each district reflect how the 2020 race would have gone under the new lines in place for this fall—except in Texas’ 34th, which is being conducted using the existing boundaries. (The state held its regularly-scheduled primary for the new district earlier this year.) And if you'd like to know how much of the population in each new district comes from each old district, please check out our redistribution tables.

Our live coverage will begin at 7 PM ET at Daily Kos Elections when polls close in South Carolina. You can also follow us on Twitter for blow-by-blow updates, and you’ll want to bookmark our primary calendar, which includes the dates for primaries in all 50 states.

South Carolina

Polls close at 7 PM ET. A June 28 runoff will take place in any contest where no one takes a majority of the vote.

SC-01 (R) (54-45 Trump): Freshman Rep. Nancy Mace infuriated Donald Trump last year when she blamed him for the Jan. 6 attacks, and he responded by endorsing former state Rep. Katie Arrington's primary campaign in February. The winner will go up against pediatrician Annie Andrews, a well-funded Democrat who has no primary foes in a seat along the state's southern coast that Republican map makers made more conservative.

Mace, who has the support of former Gov. Nikki Haley, has pushed back against Arrington’s attempts to portray her as disloyal to the GOP by touting her own conservative values. She’s also reminded voters that Arrington denied renomination in 2018 to then-Rep. Mark Sanford, only to lose the general election to Democrat Joe Cunningham, arguing the challenger would jeopardize the seat again. (Mace herself unseated Cunningham, who is now running for governor, two years later.)

The incumbent has enjoyed a huge financial advantage, and a pro-Mace group released a late May poll showing her ahead 44-24. That survey still put Mace below the majority she’d need to avoid a runoff, which is a real possibility since a third candidate named Lynz Piper-Loomis remains on the ballot even though she dropped out weeks ago and endorsed Arrington. Trump, though, seems pessimistic about beating Mace, as Politico recently reported he’s avoided returning to the state out of fear that Arrington is about to lose.

SC-07 (R) (59-40 Trump): Rep. Tom Rice shocked political observers last year when he became one of the 10 House Republicans to vote to impeach Donald Trump, and he now faces six primary opponents in a northeastern South Carolina seat that changed little after redistricting.

Trump's endorsed candidate is state Rep. Russell Fry, whom Rice’s side has argued isn’t actually the conservative he presents himself as. The field also includes former Myrtle Beach Mayor Mark McBride, Horry County Schools Board of Education Chairman Ken Richardson, physician Garrett Barton, and pharmacist Spencer Morris, who have all attracted far less attention than Fry but could each take enough of the vote to force a runoff.

Maine

Polls close at 8 PM ET. While Maine will host competitive races for governor and the 2nd Congressional District this fall, there's little action in the primaries: Former Gov. Paul LePage has the GOP nod to take on Democratic incumbent Janet Mills sewn up, while former Rep. Bruce Poliquin is all but certain to face Democratic Rep. Jared Golden in a rematch of their 2018 race.

North Dakota

Polls close at 7 PM local time, which is 8 PM ET in the eastern part of the state and 9 PM ET in the western part of the state.

Texas

Polls close at 8 PM ET / 7 PM local time.

TX-34 (special all-party primary) (52-48 Biden): Democratic Rep. Filemon Vela resigned from this Rio Grande Valley constituency earlier this year to take a job at a lobbying firm, and two Democrats and two Republicans are competing to replace him in an all-party primary taking place under the old district lines. A runoff would be necessary if no one takes a majority of the vote, though a second round won't be scheduled unless it's actually needed. 

The Republican frontrunner is Mayra Flores, who is already the GOP nominee for the new version of the 34th District. (The redrawn 34th is significantly more Democratic at 57-42 Biden.) The Democrats have consolidated behind former Cameron County Commissioner Dan Sanchez, who is not running for a full two-year term anywhere. The other two contenders, Republican Janie Cantu-Cabrera and Democrat Rene Coronado, have gained little notice.

While this battle won’t directly impact control of Congress, Republicans hope a victory will demonstrate that Trump’s 2020 gains in heavily Latino areas like this were no fluke. Flores could also benefit from a few months of incumbency going into her general election contest against Democratic Rep. Vicente Gonzalez, who represents the existing 15th District. Flores and her allies have spent over $1 million, while the first Democratic commercials came during the final week of the race when House Majority PAC began a $120,000 ad campaign tying Flores to the Jan. 6 rioters.

Nevada

Polls close at 10 PM ET /7 PM local time.

NV-Sen (R) (50-48 Biden): While Trump’s endorsed candidate, former Attorney General Adam Laxalt, remains the undisputed frontrunner in the Republican primary to take on Democratic Sen. Catherine Cortez Masto, the 2018 gubernatorial nominee has had to deal with an unexpectedly expensive primary against Army veteran Sam Brown.

Brown, who's framed himself as a political outsider, has faulted Laxalt for waiting too long to file litigation trying to overturn Biden's win in 2020. Laxalt’s allies at the Club for Growth appear to be taking this contest seriously, since the group has spent over $1 million to boost him. A poll for the nonpartisan Nevada Independent found Laxalt ahead 48-34 just ahead of the primary. 

NV-Gov (R) (50-48 Biden): Republicans have a crowded contest to take on Democratic Gov. Steve Sisolak, but Clark County Sheriff Joe Lombardo had long looked like the frontrunner even before Trump backed him in April. North Las Vegas Mayor John Lee, a former conservative Democrat who defected to the GOP last year, has outspent Lombardo on the airwaves, but the sheriff’s allies have made up the gap by spending $3 million to promote him. The Democratic Governors Association, meanwhile, has invested about $2.5 million on ads aimed at stopping Lombardo from advancing, or at least hoping to weaken him for the general election.  

However, the Nevada Independent’s poll finds Lombardo well-positioned to win the nomination by defeating attorney Joey Gilbert, a former professional boxer who has bragged that he was "definitely on the Capitol steps" on Jan. 6, 34-21. Both Lee and former Sen. Dean Heller, who lost a very competitive re-election bid in 2018, were in third with 10% each, while venture capitalist Guy Nohra trailed further behind.

NV-01 (D & R) (53-45 Biden): Democrats in the legislature made this seat in the eastern Las Vegas area considerably more competitive in order to make the 3rd and 4th Districts bluer—enraging Democratic Rep. Dina Titus in the process. The congresswoman, who represents just over half of the redrawn seat, now faces notable primary and general election opposition after a decade of easy wins.

Titus’ lone intra-party foe is progressive activist Amy Vilela, who ran in the 4th in 2018 and took third place in the primary with 9%. Vilela, who is arguing that the incumbent has done little to advance priorities like Medicare for All, has brought in a credible sum of campaign cash, while a group called Opportunity for All Action Fund has spent $240,000 to promote the incumbent. 

Eight Republicans are competing to take on the winner. The one with the most national name recognition is former 4th District Rep. Crescent Hardy, who won that seat in a 2014 upset before losing competitive races there in 2016 and 2018. Only about 4% of the new 1st’s denizens live in Hardy’s old constituency, though, and the former congressman has barely raised any money for his latest comeback attempt. The other notable contenders are conservative activist David Brog, Army veteran Mark Robertson, and former Trump campaign staffer Carolina Serrano.

NV-02 (R) (54-43 Trump): Republican Rep. Mark Amodei is seeking renomination in a reliably red northern Nevada seat that changed little under the new map against a field of four challengers led by the one and only Danny Tarkanian. Tarkanian has lost bids for the Senate (2010) and the House (2012, 2016, and 2018), not to mention two campaigns for state office in the aughts plus an abortive run for the Senate and the state board of regents.

But Tarkanian, who was a longtime resident of the Las Vegas area well to the south, finally ended his legendary losing streak in 2020 by winning the job of county commissioner in his new rural home of Douglas County. Amodei, of course, is still portraying his opponent as an interloper. The incumbent’s allies at the Congressional Leadership Fund, which is the main super PAC of the House GOP leadership, have spent $240,000 on ads slagging Tarkanian as a perennial loser, while a group called the Police Officers Defense Alliance has invested $860,000 on pro-Amodei spots; the With Honor Fund has also come to the congressman’s aid with $260,000 in support.

Tarkanian, who has received little outside help of his own, is using his personal funds to largely finance his latest campaign. The challenger has gone after Amodei for showing some openness to impeaching Trump in 2019 and for blaming the GOP's master for the Jan. 6 attack, though the congressman never voted for impeachment in either situation.

NV-03 (R) (52-46 Biden): Democratic legislators sought to protect Rep. Susie Lee in this southern Las Vegas area seat by extending Biden’s margin of victory up from just 49.1-48.9, but her five Republican foes are betting she’s still vulnerable. The frontrunner is attorney April Becker, who narrowly failed to unseat state Senate Majority Leader Nicole Cannizzaro last cycle and has the support of House Minority Leader Kevin McCarthy. Becker has also far outspent her intra-party rivals, though Army veteran Noah Malgeri and self-funder John Kovacs each also deployed a notable amount.

NV-04 (R) (53-45 Biden): Three Republicans are campaigning to take on Democratic Rep. Steven Horsford, whose constituency in the northern Las Vegas area became bluer under the new map. The only elected official of the trio is Assemblywoman Annie Black, who attended the Jan. 6 Trump rally that preceded the attack on the Capitol.

Sam Peters, an Air Force veteran and businessman who took second place in the 2020 primary to face Horsford, is also trying again, and he’s touted support from two of the far-right's loudest members of Congress, Arizona Reps. Andy Biggs and Paul Gosar. The third contender is Chance Bonaventura, who works as an aide to another far-right politician, Las Vegas Councilwoman Michele Fiore (Fiore herself is campaigning for state treasurer), but has raised very little money.

NV-AG (R) (50-48 Biden): Democrat Aaron Ford made history in 2018 when he became the first Black person elected to statewide office in Nevada, and two Republicans are now campaigning to unseat the attorney general. For months, the only candidate was Sigal Chattah, an attorney who has sued to undermine the state's pandemic response measures and who has complained that the attorney general has done a poor job investigating (baseless, of course) voter fraud allegations.

February, though, saw the entrance of Tisha Black, who lost a 2018 race for Clark County Commission and who founded a cannabis industry trade group. Chattah has attacked Black for a donation she made to now-Democratic Gov. Steve Sisolak in 2015, a contribution Black has denied making despite the unambiguous evidence that she had. A Democratic group has run radio ads slamming Black over her donation while calling Chattah a "MAGA conservative." (Unlike similar efforts by Democrats elsewhere seeking to choose their opponents, these ads don't merely "attack" Chattah in a backhanded way but openly call for her election.)

NV-SoS (R) (50-48 Biden): Secretary of State Barbara Cegavske, who was the only Nevada Republican to prevail statewide during the 2018 Democratic wave, is termed out, and Republicans are likely to nominate an extremist in the race to succeed her. The GOP nominee will go up against former state Athletic Commission member Cisco Aguilar, who has no Democratic opposition. A recent GOP primary poll for the Nevada Independent showed a 21-21 deadlock between former Assemblyman Jim Marchant and developer Jesse Haw, with former Judge Richard Scotti far back at 8%.

Marchant, who was the 2020 nominee against Rep. Steven Horsford, is a QAnon ally who has said he would not have certified Joe Biden's 2020 victory; he's also attracted notoriety allying with conspiracist candidates in other states running to become chief election officials. Haw, who briefly served in the state Senate for a few months in 2016, hasn’t focused nearly as much on the Big Lie, but he’s very much alluded to it by saying that last election “had a lot of shenanigans and potential fraud.”

2020 was an election theft dry run for Republicans. Next time, they could succeed

Every election starting now and into the foreseeable future is going to be the most important election of our lifetime. Until the Republican Party as we currently know it is ground to dust, scorched, and the earth on which it stands is salted, the threat of white nationalistic fascism will remain. Right now, in 2022, Republicans are running explicitly on undermining representative democracy, from the smallest local positions up through the state legislatures and all the way to Congress. They are converging behind the Big Lie and promising that they are going to fix it so that they don’t lose any more elections. So that Donald Trump (or his stand-in) will take the 2024 election.

They’re not even trying to be subtle about it—it’s explicit in so many campaigns for governor, attorney general, and secretary of state in plenty of battlegrounds, including the states that Trump tried to contest in 2020.

“What we’re seeing right now is unprecedented,” Joanna Lydgate, co-founder and CEO of States United Action, told CNN’s Rod Brownstein. “To see candidates running on a platform of lies and conspiracy theories about our elections as a campaign position, to see a former President getting involved in endorsing in down-ballot races at the primary level, and certainly to see this kind of systemic attacks on our elections, this spreading of disinformation about our elections—we’ve never seen anything like this before as a country.”

RELATED STORY: Republican state legislators are laying the groundwork to overturn the next election

Brownstein reports on a study released last week—commissioned by the groups States United Democracy Center, Protect Democracy, and Law Forward—which determined that 13 states have already approved laws to make sure there will be partisan control over election administration, laws to intimidate election administrators, and laws requiring audits of the 2020 election, as if that is a thing. That’s beyond the orgy they’ve been having for the past decade with voter suppression laws, which hasn’t ended either. Thirty-three states have another 229 bills related to denying the results of the last election, and to limiting the electorate and predetermining the outcome of future elections.

“Taken separately, each of these bills would chip away at the system of free and fair elections that Americans have sustained, and worked to improve, for generations,” the groups concluded. “Taken together, they could lead to an election in which the voters’ choices are disregarded and the election sabotaged.”

“In the leadup to the 2020 election, those who warned of a potential crisis were dismissed as alarmists by far too many Americans who should have seen the writing on the wall,” Jessica Marsden, counsel at Protect Democracy, told Brownstein in an email. “Almost two years later, after an attempted coup and a violent insurrection on our Capitol, election conspiracy theorists—including those who actually participated in January 6—are being nominated by the GOP to hold the most consequential offices for overseeing the 2024 election.”

“It’s all connected,” Lydgate said. “The playbook is to try to change the rules and change the referees, so you can change the results.”

They’ve got a very powerful referee on their side in the form of Supreme Court Justice Clarence Thomas.

A casual observer might reasonably conclude that Ginni and Clarence Thomas are working in tandem to lay the groundwork for the next coup—with Ginni taking up the politics and Clarence handling the legal side. The symmetry between their work is remarkable. https://t.co/wUh5TiHk4q pic.twitter.com/tooRedMQJk

— Mark Joseph Stern (@mjs_DC) May 23, 2022

Thomas won’t recuse himself from any of these cases, and as of now, a Democratic Congress doesn’t seem particularly interested in trying to force him to via the threat of investigation and impeachment.

“What’s past is prologue, and what was done sloppily in 2020 is being mapped out by experts for 2024,” Slate’s Stern and Dahlia Lithwick write. “It didn’t work in 2020 because the legal and political structures to support it weren’t in place at the time. Those pieces are being put into place as we type this.” That’s the story Brownstein is also trying to get to Democrats and the rest of the traditional media—anyone who will listen and can do something about it.

There are answers. There are ways to fix this. They start with electing enough Democrats to state offices to make sure the damage the fascists can do is limited. We can also elect enough Democrats to the House and to the Senate to make the two Republican-friendly, obstructionist Democratic senators irrelevant.

Then it’ll be a matter of convincing that Democratic majority and a Democratic president that none of this is blogger hysteria, but a very real threat to our freedoms that has everybody else’s hair on fire. Saving our representative democracy means expanding and reforming the court.

RELATED STORIES:

Border Report: Worst December Numbers In History, Nearly 2 Million Illegal Immigrants Since Biden Took Office

U.S. Customs and Border Protection (CBP) released operational statistics showing the worst December numbers at the border in Department of Homeland Security (DHS) history.

According to the report, there were 178,840 illegal immigrants apprehended at the border in December, breaking the previous record under DHS for that month by over 100,000.

All told, nearly 2 million illegal immigrants have been apprehended at the border since Biden took office just over one year ago.

The numbers also show an increase in illegal border crossing from November which saw 173,620 illegal immigrants apprehended.

RELATED: Biden Calls Fox News Reporter ‘Stupid Son of a B*tch’ At Press Conference

Numbers Show Out Of Control Border

News of the record number of border crossings come as Fox News has obtained exclusive footage of a mass release of single adult illegal immigrants into the country.

“Fox News footage shows several federally contracted buses dropping off dozens of mostly male migrants at a parking garage in Brownsville, Texas,” they report.

After being dropped off at the garage, taxi cabs allegedly arrived and transported the illegal immigrants to a nearby airport where they claimed they were being sent “to destinations including Miami, Houston and Atlanta.”

Fox News reporter Bill Melugin states that CBP is not involved in the release shown in the video.

“CBP tells me they had no involvement with these releases,” he tweeted. “An ICE source tells me these were ICE releases.”

Melugin adds that he is waiting on confirmation.

RELATED: Newt Gingrich Says Some Members Of January 6 Committee Could Face Jail Time – Cheney, Kinzinger Fire Back

No Control

The latest staggering border numbers show that a full year into his term, President Biden is making absolutely no headway in addressing the ever-expanding humanitarian crisis.

In an interview earlier this month, Arizona Department of Public Safety Director Col. Heston Silbert described Biden’s border crisis as “untenable” and “not manageable.”

“Border Patrol’s overwhelmed,” he explained.

Representative Vicky Hartzler (R-MO) described the latest numbers as a “record-breaking (border crisis)” created by “record-breaking incompetence.”

Vice President Kamala Harris is again opting to skip a visit to the southern border and will be traveling instead to Honduras later this month for the inauguration of President-elect Xiomara Castro in an effort to “address the root causes” of illegal immigration.

Senator Ted Cruz (R-TX) recently argued that the border crisis and the current administration’s “decision to just defy immigration laws” are grounds for impeachment.

“I think there are potentially multiple grounds to consider for impeachment,” Cruz has said. “Probably the most compelling is the utter lawlessness (of) President Biden to enforce the border.”

The post Border Report: Worst December Numbers In History, Nearly 2 Million Illegal Immigrants Since Biden Took Office appeared first on The Political Insider.

Border Report: Worst December Numbers In History, Nearly 2 Million Illegal Immigrants Since Biden Took Office

U.S. Customs and Border Protection (CBP) released operational statistics showing the worst December numbers at the border in Department of Homeland Security (DHS) history.

According to the report, there were 178,840 illegal immigrants apprehended at the border in December, breaking the previous record under DHS for that month by over 100,000.

All told, nearly 2 million illegal immigrants have been apprehended at the border since Biden took office just over one year ago.

The numbers also show an increase in illegal border crossing from November which saw 173,620 illegal immigrants apprehended.

RELATED: Biden Calls Fox News Reporter ‘Stupid Son of a B*tch’ At Press Conference

Numbers Show Out Of Control Border

News of the record number of border crossings come as Fox News has obtained exclusive footage of a mass release of single adult illegal immigrants into the country.

“Fox News footage shows several federally contracted buses dropping off dozens of mostly male migrants at a parking garage in Brownsville, Texas,” they report.

After being dropped off at the garage, taxi cabs allegedly arrived and transported the illegal immigrants to a nearby airport where they claimed they were being sent “to destinations including Miami, Houston and Atlanta.”

Fox News reporter Bill Melugin states that CBP is not involved in the release shown in the video.

“CBP tells me they had no involvement with these releases,” he tweeted. “An ICE source tells me these were ICE releases.”

Melugin adds that he is waiting on confirmation.

RELATED: Newt Gingrich Says Some Members Of January 6 Committee Could Face Jail Time – Cheney, Kinzinger Fire Back

No Control

The latest staggering border numbers show that a full year into his term, President Biden is making absolutely no headway in addressing the ever-expanding humanitarian crisis.

In an interview earlier this month, Arizona Department of Public Safety Director Col. Heston Silbert described Biden’s border crisis as “untenable” and “not manageable.”

“Border Patrol’s overwhelmed,” he explained.

Representative Vicky Hartzler (R-MO) described the latest numbers as a “record-breaking (border crisis)” created by “record-breaking incompetence.”

Vice President Kamala Harris is again opting to skip a visit to the southern border and will be traveling instead to Honduras later this month for the inauguration of President-elect Xiomara Castro in an effort to “address the root causes” of illegal immigration.

Senator Ted Cruz (R-TX) recently argued that the border crisis and the current administration’s “decision to just defy immigration laws” are grounds for impeachment.

“I think there are potentially multiple grounds to consider for impeachment,” Cruz has said. “Probably the most compelling is the utter lawlessness (of) President Biden to enforce the border.”

The post Border Report: Worst December Numbers In History, Nearly 2 Million Illegal Immigrants Since Biden Took Office appeared first on The Political Insider.

Ted Cruz is trying to discredit the prosecution of violent seditionists. Any guesses why?

Sen. Ted Cruz has been beating pro-seditionist conspiracy theory drums since before the Jan. 6 insurrection ever took place. It's still a bit novel to see Cruz use his pro-sedition conspiracy theory as a campaign fundraising gimmick, though.

But here we are, and the man who once ran for president—only to be crushed by Donald Trump, then subsumed into the fold of Trump's most obsequious boot-polishers—is using the newest Republican hoax to raise money from pro-sedition members of his base. The hoax Ted Cruz is promoting is the "Ray Epps" theory:

"Who is Ray Epps? Was Ray Epps a federal agent or informant?" asks Ted. Because "We know the FBI has been misused in the past to target President Trump" and just "look at the Russia Collusion Hoax" and "Peter Strzok" and "Merrick Garland won't answer questions" and "What are they trying to hide now about the events of January 6, 2021?"

If it sounds like any other Republican fundraising letter, down to the buzzwords and linked conspiracy theories and warnings of an "extreme-left agenda," it's because the party's vocabulary has dwindled down to a mere 500 words or so, all of them focus-grouped to the last serif, and half of those are references to theories that exist only in the Fox News universe. Literally any Republican in the party could send this same letter with only a sentence or two changed to fit their current position. Whatever individuality Ted once had, back in the days when he was known mostly for being the least pleasant person to be around even in Washington, D.C., has been smoothed out in favor of Generic Pro-Trump Conspiracy Guy.

Same fundraising language, same conspiracies, same blanket defenses of the most bumbling and crooked president of the modern era as being the fault of whatever enemies Donald has a personal grudge against.

The "Ray Epps" theory is, short version, a conspiracy theory being peddled by Republican sedition backers (including, of course, Trump backers who participated in the day's violence) that supposes that actually, the crowd that Trump and Trump allies scrambled to assemble on that day and hour were goaded into mounting a violent rebellion by the FBI. Or by antifa. Or by somebody. But the important point, in the theory, is claiming that the seditionists attempted to overthrow the government only because the government egged them into doing it, and so everybody should go free and once again we really should be investigating Trump's enemies, not the people doing grotesquely illegal things on Trump's personal behalf.

Sure, the crowd attacked police officers. Sure, there were deaths. But you see, some guy was seen outside the Capitol on that day but hasn't yet been charged by federal agents, ergo that guy must have been a plant and not a real Trump supporter, ergo the crimes don't count and none of this ever happened.

Ted Cruz has some personal stake in this, of course, given that Ted Cruz was one of those who attempted to nullify an American election that day, erasing the new administration rather than obliging Trump to hand over power. Ted can't well claim that the FBI goaded him into supporting an attempted autogolpe on the Senate floor, but as federal prosecutors target individual insurrectionists with "seditious conspiracy"—the first in-court acknowledgement that individuals in the violent crowd planned their actions as a serious effort to bring down the nation's government—it is to his advantage to argue that the only coup attempt that day was his own effort and that those people were doing something else entirely.

It's not true. Both efforts were linked, as documents from inside Trump's band of schemers have now shown. Republican lawmakers and Mike Pence were supposed to challenge the election's results as corrupted and invalid; Trump and allies had organized the large crowd to "march" to the Capitol grounds at exactly the same moment to intimidate waffling lawmakers into going along—and, under the assumption that violence would break out when Trump's crowd met "antifa" opponents that never appeared that day, provide grounds for using the Insurrection Act to summon the military, declare the election nullified, and promise a "do-over" election that might or might not have ever happened.

Ted Cruz did his part on that day, and the crowd of Trump supporters did theirs. The plan failed only because Mike Pence did not go along, and the expected counter-demonstrators never appeared—which meant there was no plausible deniability for the pro-Trump militia members and others who committed violence that day.

Cruz and his seditionist allies in the House and Senate near-immediately began inventing new theories to explain why the violence was actually the fault of antifa or other "anti-Trump" forces regardless of what we saw and heard on our televisions; one of the catch-all theories has been that the FBI staged the whole thing themselves, or at least helped plan it, or at least were the people goading Trump's frothing supporters into storming the Capitol and attacking people.

It was a theory invented in real time on pro-insurrection television programs and among pro-sedition lawmakers. It was based on nothing—another hoax in the now endless stream of pro-Trump hoaxes.

In real life, Ray Epps is a longtime militia member who was once president of the Arizona branch of the Oath Keepers, one of the two militias whose members are now facing seditious conspiracy charges due to their actions before and during the coup. He was in the pro-Trump crowd for the same reason as the others: to back Trump's attempt to remain in power regardless of the election's actual results. He has so far not been charged with criminal acts for a rather mundane reason: Epps appears to have never entered the Capitol building himself, and while there is footage of him encouraging others to go inside, there is so far no footage of him telling the crowd to be anything but "peaceful."

That makes him a small fry, when it comes to prosecution efforts. Courts and prosecutors are already overburdened with insurrection cases, and even those who did enter the building are not necessarily facing much punishment unless they manage to stack up other illegal acts as well. Prosecutors aren't targeting Epps because it's a harder case to prove than the others and his violations were less severe. So far.

If Ted Cruz is going to claim that every member of the pro-Trump crowd who hasn't been charged with crimes has not been charged with crimes because they're working for the FBI, he's welcome to go nuts with that. But he'd obviously be lying—and he's obviously lying now.

The last remaining bit of this farce hinges around the question that Cruz and other seditionists demand be asked: What if Epps was an FBI informant at some point? What if he did cooperate with investigators?

Okay, Ted, you've got me. What of it? Let's say this guy talked with the FBI and squealed as squealingly as a squealer could squeal—let's say he, or somebody else in the militia movement, sat down in front of a computer screen with three FBI agents named Edward, Thaddeus, and Bifftholomew and spent 10 solid hours going through security footage, naming every last face he recognized.

So then what? Oh my goodness, somebody cooperated with law enforcement to name people who attacked police officers, ransacked offices, or threatened to hang the vice president.

That's your conspiracy theory, Ted, so tell us what that would mean. Don't snivel like a seditionist little coward and suggest that something like that might be true; come out and tell us what the actual outrage would be.

Is it that somebody, somewhere might be cooperating with law enforcement to bring Trump's most violent supporters to justice? Is that what has you so upset?

Are you suggesting that those who stockpiled weapons and who planned their actions on that day so that they would have the best possible chance of toppling constitutional government should be set free, because somebody in the crowd is a snitch?

How very odd. But it's a pattern we've seen from Cruz and the near-entirety of Republicanism over and over again; whenever Donald Trump or someone close to him gets caught doing something that would have been grounds for immediate impeachment, removal, and likely prosecution during any previous administration, the Republican Party immediately launches an all-out war against whatever public official discovered the corruption. Every last time. The Republican enemies list is now just an unending list of names of government workers, foreign diplomats, top journalists, law enforcement agents and others who have reported or testified that Donald Trump did something corrupt.

Merrick Garland is now on that list because Ted is outraged Garland's Justice Department is charging people who attacked police officers and went hunting for lawmakers with crimes. That says a lot more about Ted Cruz than it does about anything else.

There's no mastery as to what is happening here. Ted Cruz was part of a far-right effort to nullify a United States election based on a fraudulent hoax dreamed up by conspiracy theorists and seized upon by his whole party as convenient excuse. He, personally, was accessory to an attempt to erase an election rather than recognize its results. It was all a lie, and Ted Cruz was one of its chief spokesmen.

But it failed, and now Ted and the other lawmakers who engaged in that seditious conspiracy are attempting to throw up whatever barricades they can between themselves and those who are investigating the day's events. They stonewalled congressional investigation—as in, the premise that there should even be one. They have supported architects of the day's events as those figures have defied congressional subpoenas demanding their testimony. They have tossed out countless new conspiracy theories intended to discredit law enforcement investigations of the people who were caught, on camera, attacking and injuring hundreds of police officers.

Ted would rather everyone who attacked police officers and ransacked offices that day go free, so long as that means federal and congressional investigations of who sent them there are stopped in their tracks.

Why?

Because Ted Cruz was part of a seditious conspiracy himself. And however large his part is known to be, it's very, very clear that it's Ted and his fellow lawmakers who are "trying to hide" the "full truth" of what happened that day.

What do you have to hide, Ted? What's so important that you're willing to shove conspiracy theories out to your base, attempting to discredit the entire federal investigation?

Just how low do you intend to sink, buddy?