Political warnings and accusations of misconduct: 6 main themes emerge in Paxton’s impeachment trial

Posted on September 10, 2023 by Texas Tribune

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"Political warnings and accusations of misconduct: 6 main themes emerge in first week of Ken Paxton’s impeachment trial" was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

The first week of suspended Attorney General Ken Paxton’s history-making impeachment trial closed Friday with only four prosecution witnesses taking the stand in the first four days.

Even so, the broad strokes of the cases being presented by lawyers for the House impeachment managers and Paxton’s defense team emerged in Tuesday’s opening statements and during frequently tedious, sometimes contentious questioning of witnesses.

Among the many subplots, these themes are likely to guide a trial that could take several additional weeks — ending when senators deliberate in private and emerge to cast votes that will determine whether the three-term Republican will return to work or be permanently removed from office.

Paxton attended the opening hours of his trial on Tuesday, during which senators overwhelmingly rejected his attempts to dismiss the articles of impeachment and his lawyer entered not guilty pleas on his behalf. He was absent the rest of the week.

The trial is set to resume Monday at 9 a.m.

Defense team challenges loyalty, evidence

Under trial rules adopted by the Senate, prosecutors began presenting their case first, and they chose to lead with three former high-ranking officials of the attorney general’s office — all of whom reported Paxton to the FBI on Sept. 30, 2020 before quitting or being fired.

Three Paxton lawyers split cross examination of the opening witnesses, and all three hit on similar themes.

Lead defense lawyer Tony Buzbee equated reporting Paxton to the FBI as an act of betrayal. By going behind the attorney general’s back, he said, Paxton was deprived of the opportunity to answer questions that could have cleared matters up.

“You went to the FBI uninformed, isn’t that true?” Buzbee asked Jeff Mateer, Paxton’s former second in command and the first prosecution witness.

“I would not say that, sir,” Mateer replied Tuesday.

[Who’s who in the Ken Paxton impeachment trial, from key participants to potential witnesses]

Defense lawyer Mitch Little picked up the theme during his aggressive questioning of the third prosecution witness, Ryan Vassar, former deputy attorney general for legal counsel, on Thursday.

In an extensive back and forth, Little suggested that Paxton was due the courtesy of a warning after nurturing Vassar’s career. More importantly, Little added, failing to let Paxton address their concerns left Vassar and other whistleblowers uninformed when they met with FBI agents to accuse Paxton of criminal acts.

Little said the whistleblowers had no direct knowledge, let alone evidence such as invoices, of wrongdoing regarding allegations that Austin real estate investor Nate Paul offered bribes by paying to renovate Paxton’s home and employing the woman Paxton was dating outside of his marriage.

“You went to the FBI on Sept. 30 with your compatriots and reported the elected attorney general of this state for a crime without any evidence, yes?” Little asked.

Vassar tried to qualify his answer several times, but Little repeatedly objected, stating it was a yes or no question.

“That’s right, we took no evidence,” Vassar finally stated.

On Friday, Rusty Hardin, a lawyer for the impeachment managers, sought to clear up the impression left by Vassar.

Vassar said he believed Little was referring to “documents, documentary evidence,” adding that he intended the FBI to find the truth, not conduct his own investigation.

“Did you give the FBI evidence?” Hardin asked.

“Our experience was evidence,” Vassar replied. “But we did not conduct our own investigation to provide documentary evidence of what we had learned. … I believed that I was a witness to criminal activity that had occurred by General Paxton.”

Prosecutors focus on “egregious misconduct”

State Rep. Andrew Murr, R-Junction, gave the opening statement on behalf of the House impeachment managers. He promised senators would hear testimony portraying Paxton as obsessed with helping Paul — who was under state and federal investigation for his business dealings — despite warnings and objections from his top lieutenants at the agency.

Paxton engaged in “egregious misconduct,” he said.

“The state’s top lawyer engaged in conduct designed to advance the economic interests and legal positions of a friend and donor to the detriment of innocent Texans,” Murr said, adding that Paxton “turned the keys of the office of attorney general over to Nate Paul.”

Ryan Bangert, Paxton’s former deputy first assistant attorney general, testified Wednesday and Thursday that Paxton took an unusual interest in matters involving Paul, such as pressing to overrule two agency decisions that denied Paul access to documents related to an active investigation into Paul’s businesses.

“We were devoting far more resources to Nate Paul than we ever should have,” Bangert said.

“I was deeply concerned that the name, authority and power of our office had been, in my view, hijacked to serve the interests of an individual against the interests of the broader public,” Bangert added. “It was unconscionable.”

[“Operation Deep Sea”: How Nate Paul pulled the strings in the attorney general’s office to investigate his enemies]

On Friday, impeachment lawyers called their fourth witness, David Maxwell, Paxton’s former director of law enforcement. Maxwell was out of state when seven senior agency officials reported Paxton to the FBI in 2020. Instead, Maxwell took his concerns to other law enforcement officials and was later fired from the agency.

Maxwell said he found Paul’s complaint to be “absolutely ludicrous,” including claims that search warrants were improperly altered in a web of conspiracy that included a federal magistrate judge.

As a result, Maxwell said, he urged Paxton to drop his interest in Paul. “I told him that Nate Paul was a criminal … and that, if he didn’t get away from this individual and stop doing what he was doing, he was going to get himself indicted.”

Defense: Paxton did not exceed his authority

Defense lawyers, in opening statements and in questions to prosecution witnesses, pushed back on claims that Paxton acted illegally when he pressed his agency’s lawyers and employees to take actions that were helpful to Paul.

When Vassar testified that Paxton broke internal rules on hiring outside lawyers to appoint Houston attorney Brandon Cammack to investigate Paul’s complaint, Little pointed to state law to argue that Paxton — as the elected leader of the attorney general’s office — had the power to approve Cammack’s contract.

Defense lawyer Dan Cogdell, in opening statements Tuesday, said Paxton hired Cammack in understandable frustration because employees of the attorney general’s office “did little to nothing” to investigate Paul’s serious complaint that his home and business had been improperly searched by state and federal officials.

Similarly, several Paxton lawyers disputed allegations that Paxton improperly directed his agency’s lawyers to intervene in an Austin charity’s lawsuit against Paul, arguing that he had clear authority to run his agency.

Prosecutors push back on several fronts

Under questioning from House impeachment lawyer Dick DeGuerin, Maxwell pushed back on claims that Paul’s complaints had been brushed off without proper investigation. A forensic analysis of the search warrants found nothing to support Paul’s claim that the documents had been improperly altered, he said.

After Buzbee opened his case by stating that “nothing of significance” had been exchanged between Paxton and Paul, lawyers for the House impeachment team pressed their witnesses to explain how Paul benefited from Paxton’s repeated interventions.

A legal opinion, published with unusual speed at 1 a.m. on a Sunday in 2020, took a highly unusual position at Paxton’s insistence, Bangert testified. The attorney general’s office had led efforts to reopen Texas several months into the pandemic, yet Paxton demanded that the opinion say local COVID-19 safety rules barred property foreclosure sales.

Only later did it become known that Paul’s lawyer referred to the agency’s opinion letter to avoid foreclosure sales of several Paul properties two days later, Bangert said.

Buzbee warns of potential political consequences

In opening statements laying out Paxton’s case, Buzbee sounded a political warning.

Impeachment could become a common tactic of political retribution if Paxton — a leading conservative legal voice on abortion, immigration and other key issues — were to be convicted and removed from office, he argued.

“Let’s be clear. If this misguided effort is successful … the precedent it will set would be perilous for any elected official in the state of Texas,” Buzbee said.

Buzbee also argued that impeachment thwarted the will of Texas voters.

“Texans chose at the voting booth who they wanted to be their attorney general … but because of what this House has done, only 30 [senators] out of almost 30 million will decide if Ken Paxton is allowed to serve in the office he was voted into,” he said. “That’s not how it’s supposed to work. That’s not democratic.”

Impeachment team counters with its own political focus

Murr rejected arguments that impeachment violated democratic principles, saying the framers of the Texas Constitution did not believe elections alone could protect the public from abusive office holders.

“It’s too easy to use the powers of office to conceal the truth,” Murr said in opening statements. “The voters did not, and do not, know the whole truth” because Paxton went to great lengths to conceal his misconduct, he added.

Impeachment lawyers also focused on the ultraconservative political beliefs held by their first three witnesses — all attorneys who praised Paxton’s priorities that, as one put it, turned the Texas attorney general’s office into a beacon of the conservative legal movement.

Mateer worked on Capitol Hill for two Texas Republican stalwarts, Tom DeLay and Dick Armey, and is now chief legal officer of First Liberty Institute, a Christian legal defense organization that focuses on religious liberty issues. His nomination for federal judge by President Donald Trump was thwarted by controversy over statements critical of transgender youth.

Bangert is a senior vice president for the Alliance Defending Freedom, a legal advocacy group focused on religious freedom and limiting abortion and LGBTQ+ rights, and he had previous ties to the Christian Coalition.

Vassar worked for notable conservative judges, including Don Willett, a former Texas Supreme Court justice named to a federal appeals court by Trump. Vassar also was a summer fellow for former Republican Gov. Rick Perry.

Paxton has blamed the impeachment on political opposition to his deeply conservative principles, but Mateer, Bangert and Vassar testified that they reluctantly took their concerns to the FBI after concluding that Paxton was misusing his authority on Paul’s behalf.

This article originally appeared in The Texas Tribune

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

Morning Digest: Democrats’ new Florida recruit has a plan to exploit Rick Scott’s bungling

Posted on August 23, 2023 by Daily Kos Elections

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

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Leading Off

● FL-Sen: Former Florida Rep. Debbie Mucarsel-Powell kicked off her campaign to unseat Republican Sen. Rick Scott on Tuesday, a development that gives national Democrats the recruit they want for what will be a challenging contest. Mucarsel-Powell, though, is hoping that Scott's own vulnerabilities, as well as a backlash to Gov. Ron DeSantis' far-right agenda, will give her the chance to score an upset in a longtime swing state that veered sharply to the right in 2022.

Mucarsel-Powell, who flipped a competitive Miami-area House seat in 2018 but lost it two years later, first needs to win the primary. However, she begins as the strong favorite to become the first Latina Democrat ever nominated for statewide office.

The only other notable candidate who has launched a bid is Navy veteran Phil Ehr, who raised $2 million for his 2020 campaign against the nationally infamous Rep. Matt Gaetz in the safely red 1st District, but he's so far attracted no major allies. Former Rep. Alan Grayson also is talking about running and even filed FEC paperwork in late June, but his deliberations have attracted little attention now that he's well into the perennial candidate stage of his career.

Scott, who became wealthy running what was the nation's largest for-profit hospital chain, HCA, used his vast personal resources to win two tight races for governor in 2010 and 2014 before narrowly unseating Sen. Bill Nelson in 2018.

His political fortunes, though, took a sharp downturn last cycle after a chaotic tenure as head of the NRSC that was defined by a feud with Senate Minority Leader Mitch McConnell and saw the GOP manage to defy history by actually losing a seat. One of Scott's many mistakes came early in 2022 when he unveiled a plan to "sunset" all federal legislation, including Social Security, after five years, an agenda that Democrats were only too happy to make Republican Senate candidates answer for.

Scott's proposal received new attention earlier this year when President Joe Biden attacked it in his State of the Union address—a pile-on that McConnell was only too happy to join. "I think it will be a challenge for him to deal with this in his own reelection in Florida, a state with more elderly people than any state in America," said McConnell of the senator who months before had tried to oust him as the GOP's Senate leader. (The bad blood between the two camps continues to linger, with one unnamed McConnell ally using just two words to describe Scott to Time magazine in April: "Ass clown.")

Scott soon edited his "sunset" plan to include "specific exceptions of Social Security, Medicare, national security, veterans benefits, and other essential services," but Mucarsel-Powell made it clear this week that his belated about-face wouldn't deter her from making Scott's blunder an issue. "He wrote the plan that could take away the Social Security and Medicare you worked and paid for," she said in a kickoff video that also insinuated Scott had shirked his duties to the public while becoming even richer during his time in office.

The former congresswoman went on to highlight the most notorious chapter of Scott's business career: his company's 2003 guilty plea in what the Department of Justice at the time proclaimed was "the most comprehensive health care fraud investigation" it had ever undertaken. (HCA wound up paying a record $1.7 billion in fines.) The scandal was never quite enough to deny Scott victory in any of his previous elections, but Mucarsel-Powell is hoping it will help her frame this race as a battle between an immigrant from Ecuador who once "worked for minimum wage in a donut shop" and a wealthy incumbent "who cuts taxes for himself, but he'd raise them for you."

Mucarsel-Powell is also hoping to get some help at the top of the ticket if she's to give Florida Democrats their first win in a federal statewide race since 2012. Donald Trump carried the Sunshine State 51-48 in 2020 even as he was losing most other swing states, but it was landslides by DeSantis and Sen. Marco Rubio in 2022 that truly left Democrats in a funk. However, there are signs that Joe Biden is serious about keeping Florida in play next year, as his campaign included the state as part of a new $25 million TV and digital buy covering several battlegrounds.

And Democrats have some reason to be optimistic that, if serious resources are allocated here, their message could gain traction. Abortion rights advocates are collecting signatures to place a constitutional amendment on next year's ballot that would both undo the six-week abortion ban that DeSantis signed into law in April and allow the procedure to take place up to 24 weeks into pregnancy. That could create problems for Republican candidates like Scott, who backed DeSantis' ban and has indicated support for a federal ban as well.

The former congresswoman is also betting that voters are tired of other parts of DeSantis' agenda. "These out-of-touch extremists cannot continue to wield the levers of power in our state," she declared last month. Democrats are hoping that Donna Deegan's upset win in the May race for mayor of Jacksonville was an early sign that Floridians are indeed growing weary of what the DeSantis-era GOP has to offer. They'll also have an early chance to prove that victory was no fluke in a Jan. 16 special election where they'll try to flip a competitive state House seat in the Orlando area.

Democrats also hope that Mucarsel-Powell, who was the first immigrant from South America ever elected to Congress, will be able to appeal to the many Latino voters who switched sides and backed Trump in 2020 after voting for Hillary Clinton four years earlier. Mucarsel-Powell herself experienced that swing the hard way in 2020 as the old version of her 26th Congressional District, where the electorate had a large number of Cuban Americans and voters with ties to elsewhere in Latin America, veered from a 57-41 win for Clinton all the way to a 53-47 Trump victory, a transformation that helped Miami-Dade County Mayor Carlos Giménez unseat her 52-48.

"Yes, the fear of socialism is real and engrained for those of us who fled dangerous places in search of the American dream," Mucarsel-Powell wrote in a Twitter thread two weeks after her defeat. "My own father was murdered by a criminal with a gun in Ecuador. But it's not why I lost and it's not the only reason South Florida went red."

"There were many factors," she continued, including "a targeted disinformation campaign to Latinos; an electorate desperate to re-open, wracked with fear over the economic consequences; a national party that thinks racial identity is how we vote." Mucarsel-Powell went on to argue that state and national Democrats need to "step back and deeply analyze how we're talking to Latinos and every voter." Now she'll have the chance to test out her own prescription statewide.

Senate

● NV-Sen: Duty First, a super PAC that backs Army veteran Sam Brown, has publicized an internal from Public Opinion Strategies that shows him beating election conspiracy theorist Jim Marchant 33-15 in the GOP primary, with no one else taking more than 2%. This is the first survey we've seen of the contest to face Democratic Sen. Jacky Rosen.

House

● CA-22: Democratic state Sen. Melissa Hurtado announced Tuesday that she would challenge Republican Rep. David Valadao in California's 22nd District, a Central Valley constituency that favored Joe Biden by a 55-42 margin in 2020. Hurtado joins former Assemblyman Rudy Salas, a Democrat who is running to avenge his 52-48 loss last year against Valadao, in the top-two primary.

Hurtado joined the state Senate in 2018 when she unseated Republican incumbent Andy Vidak 56-44, a victory that made the 30-year-old the youngest woman ever elected to the chamber. She faced a tough battle four years later to remain there, though, especially after the state's independent redistricting commission left her with a seat that was about one-third new to her.

Democrats were also only too aware that the party's long struggle to turn out their Central Valley base in non-presidential cycles meant that the electorate would be considerably more conservative than the one that favored Biden 53-45 two years before in Hurtado's revamped 16th Senate District. Republican Brian Dahle ended up scoring a 55-45 victory here over Democratic Gov. Gavin Newsom, but Hurtado narrowly held on and beat Republican David Shepard by 13 votes.

Hurtado's tight win came the same night that Valadao defeated Salas in one of the year's most expensive House races as Dahle was carrying his seat 52-48. Salas soon began laying the groundwork for a rematch, but Hurtado's name only surfaced a week after the former assemblyman launched his campaign in July. She begins the contest with a big geographic base of support, though: Hurtado already represents 96% of the 22nd District, according to calculations by Daily Kos Elections, while Salas served just over half of the seat when he lost to Valadao.

Both Salas, who earned an endorsement last week from Speaker Emerita Nancy Pelosi, and Hurtado would be the first Latino to represent the Central Valley in the House. Valadao, for his part, is one of several people of Portuguese descent who has represented this heavily Latino area.

● CO-03: Democrat Adam Frisch has publicized an internal from Keating Research that shows him edging out far-right Rep. Lauren Boebert 50-48 less than a year after she only fended him off by 546 votes; the memo notes that Keating's October 2022 survey showed Boebert ahead 47-45 at a time when almost everyone expected her to win easily. The sample favors Donald Trump 49-44, which would mark a small drop from his 53-45 margin in 2020. The memo does not mention Grand Junction Mayor Anna Stout, who joined the Democratic primary last month.

● RI-01: We still haven't seen any negative TV ads two weeks ahead of the packed Sept. 5 Democratic primary, and both Lt. Gov. Sabina Matos and former Biden administration official Gabe Amo are remaining positive in their newest spots. Matos is emphasizing her support for abortion rights in what WPRI's Ted Nesi says is her campaign's first TV commercial in two weeks. (EMILY's List and the Congressional Hispanic Caucus BOLD PAC have been airing pro-Matos ads while she's been off the air.) Amo, meanwhile, touts his White House experience.

Legislatures

● MI State House: The Michigan Board of Canvassers on Monday approved recall petitions against state Rep. Sharon MacDonell while once again rejecting those filed against five other Democrats; recall proponents also withdrew their paperwork against a seventh Democrat, state Rep. Reggie Miller. Biden carried MacDonell's 56th District 57-41, which makes it the bluest of the targeted seats. Democrats currently hold a 56-54 majority in the chamber.

Conservatives looking to oust MacDonell will have 180 days to collect roughly 11,000 signatures, a figure that represents 25% of the votes cast in the district during the most recent general election, but all of them must be gathered within a 60-day timeframe. However, the attorney representing the six Democrats, former state party chair Mark Brewer, declared that he'll appeal the decision, which he says will automatically prevent signature collection efforts from going forward for 40 days.

The bipartisan Board of Canvassers voted 3-0 to approve the recall campaign against MacDonell (one Democrat was absent) after determining that her detractors, by citing her vote for gun safety legislation, provided enough information about why they want her ousted. (Brewer argues the paperwork is still too vague.) The body, though, voted 2-1 to reject petitions filed against the other five Democrats, with the majority saying the language didn't do an acceptable job summarizing the legislation they supported.

Mayors and County Leaders

● Houston, TX Mayor: Candidate filing closed Monday for Houston's Nov. 7 nonpartisan primaries, and the wealthy attorney Tony Buzbee waited until the final hours of qualifying to announce that he'd campaign for a spot on the city council rather than wage a second bid for mayor. Buzbee, an independent who serves as GOP Attorney General Ken Paxton's lead attorney for his upcoming impeachment trial, was the only notable politician who was still publicly undecided about running to succeed termed-out Democratic Mayor Sylvester Turner, and there were no other last-minute developments in the mayoral contest.

A pair of prominent Democrats, Rep. Sheila Jackson Lee and state Sen. John Whitmire, remain the frontrunners in the 17-way race to succeed Turner. Also in the running are City Council member Robert Gallegos; former METRO board chair Gilbert Garcia; attorney Lee Kaplan; and former City Councilmember Jack Christie, who is the only notable Republican in the contest. A runoff would take place either on Dec. 9 or Dec. 16 unless one candidate wins a majority, though that likely second round has not yet been scheduled.

The only poll we've seen in months was a July survey from the University of Houston that showed Whitmire and Jackson Lee taking 34% and 32%, respectively, with Garcia at just 3% (Christie, who was not yet running, was not included.) Responds, though, decisively favored Whitmire 51-33 in a runoff.

Morning Digest: He ranted about ‘European cheese weenies.’ Now he’s running for Congress

Posted on July 14, 2023 by Daily Kos Elections

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

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Leading Off

● CO-08: Weld County Commissioner Scott James announced Wednesday that he'd seek the Republican nomination to challenge freshman Rep. Yadira Caraveo in Colorado's 8th District, prompting Democrats to immediately blast him for an anti-abortion, Islamophobic rant he delivered as a talk radio host in 2007.

James, as Media Matters documented at the time, declared "the civilization that you know ... will be overtaken by those who would like you to practice Sharia law ... just by mass numbers" because "the European cheese weenies simply aren't breeding." James continued, "You can do the math and see the rapid decline of ... civilization," before saying of the United Kingdom, "Their birth rate declining, the abortion rate increasing. You do the math. You don't have the sanctity for the life like that, your society will simply extinguish."

Democrats also went after James, who remained on the radio after winning his seat on the county commission in 2018, for his vote the next year to designate Weld County as a "Second Amendment sanctuary." That action, which authorized the county sheriff to "exercise of his sound discretion to not enforce against any citizen an unconstitutional firearms law," came in response to a new red flag law that allows family and household members, as well as law enforcement officials, to petition a judge to confiscate firearms from an individual they fear is dangerous. "Taking constitutional rights away from citizens under the guise that it is for the 'greater good' is a very dangerous path to walk down," James said at the time, "and one we do not support."

James launched his campaign to unseat Caraveo hours after fellow Republican Barbara Kirkmeyer, the GOP's nominee last year, announced that she would seek reelection to the state Senate rather than try to avenge her narrow 48.4-47.7 general election loss. The commissioner is the first notable Republican to join the contest for this constituency in the northern Denver suburbs and Greeley area, turf Joe Biden carried 51-46 in 2020, but he's not the only one who is thinking about running here.

State Rep. Gabe Evans reiterated his interest Tuesday to the Colorado Sun, while Weld County Commissioner Steve Moreno and former state Rep. Dan Woog both said they were mulling over the idea last month. Multiple publications also reported in June that Joe O'Dea, who unsuccessfully challenged Democratic Sen. Michael Bennet last year, is considering as well, though he's shown no obvious sign that he's preparing for another run.

Redistricting

● NY Redistricting: A divided state appeals court ordered New York's redistricting commission to draw a new congressional map ahead of the 2024 elections on Thursday, overturning a lower court that had previously ruled in favor of retaining the state's current court-drawn boundaries. Republicans opposing the Democratic-backed lawsuit, however, immediately vowed to appeal in an effort to prevent the adoption of districts that would be less favorable to them.

The dispute wound up in court after the evenly divided bipartisan commission failed to reach an agreement on a single set of redistricting plans for Congress and the state legislature last year. Instead, it forwarded dueling proposals—one batch supported by Democrats, the other by Republicans—to lawmakers, who rejected them both. After that failure, the commission refused to try again, which led the Democratic-run legislature to pass its own maps.

However, the state's highest court struck down that attempt last year in a 4-3 decision, saying that because the commission had never sent a second set of maps to the legislature as contemplated by the state constitution, lawmakers could not act on their own. As a remedy, an upstate trial court instead imposed maps drawn by an outside expert that saw Republicans make considerable gains in the November midterms.

A group of voters, though, filed a suit demanding that the commission be ordered back to work. While a lower court initially rejected that argument, the Appellate Division agreed with the plaintiffs. The commission still "had an indisputable duty under the NY Constitution to submit a second set of maps upon the rejection of its first set," wrote the majority in a 3-2 opinion, concluding that the court-ordered maps used in 2022 were interim in nature.

If New York's highest court, known as the Court of Appeals, upholds this decision, then the commission will again have to try to compromise on a new congressional map. If it again fails to produce an acceptable map, though, Democrats in the legislature—who enjoy two-thirds supermajorities in both chambers—would, this time, very likely be entitled to create new maps of their own design. That possibility could spur Republican commissioners to accept lines that tilt somewhat more in Democrats' favor than the current districts rather than face the alternative of an unfettered partisan gerrymander.

2Q Fundraising

The deadline to file fundraising numbers for federal campaigns is July 15. We'll have our House and Senate fundraising charts available soon afterwards.

AZ-Sen: Ruben Gallego (D): $3.1 million raised
CA-Sen: Katie Porter (D): $3.2 million raised, $10.4 million cash on hand
WV-Sen: Joe Manchin (D-inc): $1.3 million raised, $10.7 million cash on hand
LA-Gov: Jeff Landry (R): $4.5 million raised, $9 million cash on hand
NC-Gov: Mark Robinson (R): $2.2 million raised (in six months), $3.2 million cash on hand
AZ-06: Juan Ciscomani (R-inc): $815,000 raised, $1.6 million cash on hand
CA-45: Michelle Steel (R-inc): $1.1 million raised, $1.7 million cash on hand
IA-02: Ashley Hinson (R-inc): $690,000 raised, $1 million cash on hand
IA-03: Zach Nunn (R-inc): $729,000 raised, $1 million cash on hand
IL-17: Eric Sorensen (D-inc): $515,000 raised, $770,000 cash on hand
MI-10: John James (R-inc): $1.1 million raised, $1.7 million cash on hand
MT-01: Ryan Zinke (R-inc): $786,000 raised, $876,000 cash on hand
NC-14: Jeff Jackson (D-inc): $507,000 raised, $663,000 cash on hand
NJ-05: Josh Gottheimer (D-inc): $1.2 million raised, $15.1 million cash on hand
NJ-07: Tom Kean Jr. (R-inc): $860,000 raised, $1.47 million cash on hand
NY-02: Rob Lubin (D): $343,000 raised (in five weeks), additional $7,000 self-funded
NY-03: Anna Kaplan (D): $455,000 raised
OR-05: Lori Chavez-DeRemer (R-inc): $717,000 raised, $1 million cash on hand
TX-15: Monica De La Cruz (R-inc): $833,000 raised, $1 million cash on hand
WA-03: Joe Kent (R): $245,000 raised, $392,000 cash on hand

Senate

● FL-Sen: Politico reports that Senate Majority Leader Chuck Schumer and the DSCC are trying to recruit former Rep. Debbie Mucarsel-Powell to take on GOP incumbent Rick Scott, but another Democrat appears ready to launch his campaign before she makes up her mind.

Navy veteran Phil Ehr, who raised $2 million for his 2020 bid against the nationally infamous Rep. Matt Gaetz in the safely red 1st District, confirms he's interested and will decide in the coming weeks. An unnamed source, though, says that Ehr, who lost to Gaetz 65-34 as Trump was taking the old 1st by a similar 66-32 margin, is planning to get in "soon."

● MI-Sen: The Daily Beast's Ursula Perano reports that, while actor Hill Harper says he's lived in Michigan for the last seven years, the new Democratic candidate's residency "may be more complicated." Perano uncovered a 2020 Seattle Times article saying that Harper moved to that city during the first season of production for his show, The Good Doctor, so his son could attend school there. (That season aired in 2017 and 2018.) That same story said that "Harper commutes from Seattle to the show’s set in Vancouver, British Columbia."

Perano also found a pair of websites used to book the actor for speaking engagements, both of which appear to have been in use in recent years: One said that Harper would be traveling from California, where he also owns a condo, while the other said he'd be coming from Seattle. "Hill Harper began spending time in Michigan because of work, but quickly realized the greatest people in the world live in Michigan and decided to move there full time," his campaign told the Daily Beast for the story, "Ever since moving to Michigan in 2016, he’s voted as a Michigander, paid taxes to the state, and runs a small business in Detroit."

Governors

● IN-Gov: Howey Politics relays that there are still "rumors" that state Commerce Secretary Brad Chambers is considering seeking the GOP nod to succeed his boss, termed-out Gov. Eric Holcomb and would likely self-fund. There is no other information about Chambers' interest.

● MO-Gov: Businessman Mike Hamra, whose eponymous company operates almost 200 restaurants nationwide, tells the St. Louis Business Journal he's "seriously considering" seeking the Democratic nod and will "likely to have a final decision later in the fall." Hamra made his interest known days after state House Minority Leader Crystal Quade launched her own bid to lead what's become a tough state for Democrats.

● MS-Gov: Republican incumbent Tate Reeves is airing a transphobic new TV ad where the governor, after praising his daughter for working to earn a soccer scholarship, declares, "Now, political radicals are trying to ruin women's sports, letting biological men get the opportunities meant for women." Reeves, as Mississippi Today notes, signed a 2021 law banning trans athletes from women's sports even though the bill's sponsor acknowledged she didn't know of this happening in the state.

House

● AK-AL: Businessman Nick Begich on Thursday became the first notable Republican to announce a campaign against Democratic Rep. Mary Peltola, who twice beat him last year for Alaska's only House seat. But Begich is unlikely to have the top-four primary to himself, especially since many Republicans made it clear last fall that they still harbor a grudge over how he acquitted himself during the final months of longtime Rep. Don Young's life.

Begich, who is the rare Republican member of Alaska's most prominent Democratic family (his grandfather and namesake was Young's immediate predecessor, while his uncle Mark Begich served one term in the U.S. Senate), was initially a Young supporter, and he even co-chaired the congressman's 2020 campaign. But, as the Anchorage Daily News' Iris Samuels reported in April of 2022, Begich spent about a month working in the congressman's office the next year—at Young's invitation—only to launch a bid against Young soon afterward. "It was just such an invasion of our goodwill and the Congressman's goodwill," one unnamed staffer later told Insider's Bryan Metzger, adding, "We were completely hoodwinked and betrayed."

Young, who'd represented the state in the House since 1973, died before that faceoff could occur, and Begich was one of the 48 candidates who filed to run in a special election that featured America's first-ever top-four primary. But after Begich advanced to the general against former GOP Gov. Sarah Palin and Peltola (a fourth finisher, independent Al Gross, dropped out), it looked likely that one of the two Republicans would prevail in a state Donald Trump took 53-43 in 2020.

Begich and Palin, though, instead went negative on one another while ignoring Peltola (that is, when they weren't smiling in selfies with her), which helped give the Democrat the opening she needed. Begich was only too happy to portray Palin as a disastrous governor who only cared about being a celebrity, while Palin hit back by castigating Begich for supporting his Democratic relatives.

An unscathed Peltola went into ranked-choice tabulations with 40% of first-choice votes, with Palin edging out Begich 31-28 for second. But following the fratricidal GOP campaign, Begich's backers only went for Palin by a 50-29 margin as a crucial 21% didn’t express a preference for either finalist. As a result, Peltola pulled off 51-49 upset.

All three candidates, plus Libertarian Chris Bye, competed again in November for a full two-year term, but things went even worse for the GOP this time. Begich and his allies pointed to data from the Alaska Division of Elections saying that he'd have defeated Peltola 52-48 had he come in second place in the special election to make his case that conservatives should choose him over Palin. But several of Young's former staffers not only endorsed Peltola, who had enjoyed a close relationship with the late congressman for decades, they also vocally aired their grievances against Begich for what they saw as his duplicity.

One particular incensed Young aide was a former communications director, Zack Brown, who posted a picture of Begich's congressional intern badge in a since-deleted tweet. "Begich was planning on primarying Young all along," he wrote. "He used DY & staff to secure inside info." Brown followed up, "According to FEC docs, he claimed campaign expenses BEFORE he came on as an INTERN in Don Young's office. He KNEW he was going to primary Young before he joined our office, but used the Congressman and staff for his own ends anyway. Disgraceful."

Peltola this time almost took a majority of first-choice ballots, scoring 49% of them as Palin once again staggered into second place, beating out Begich 26-23. Peltola then crushed Palin in a 55-45 drubbing after the instant-runoff process was finished. To add insult to injury for Begich, election data showed he would have lost by a slightly larger margin than Palin this time―just under 11 points―had he taken second.

Republicans are likely to make a priority of beating Peltola, who represents the reddest Democratic-held seat in the chamber, but it remains to be seen who else will join Begich in the top-four. The Anchorage Daily News writes that Palin, who rather prematurely named her congressional chief of staff the day after the November election [i]In anticipation of an announcement of victory," hasn't shown any sign she's thinking of trying a third time, though that hardly means she won't surprise everyone like she did when she decided to run last year.

● MD-06: Hagerstown Mayor Tekesha Martinez on Wednesday joined the busy primary to succeed her fellow Democrat, Senate candidate David Trone, for a seat based in western Maryland and the northwestern D.C. exurbs. Martinez, who was elected to the city council in 2020, became this northwestern Maryland community's first Black mayor in February after her colleagues appointed her to fill the vacant post. She joins Dels. Lesley Lopez and Joe Vogel, as well as think tank founder Destiny Drake West, in seeking the Democratic nod for this 54-44 Biden constituency.

● NJ-07: Former state Sen. Ray Lesniak tells the New Jersey Globe he's "still waiting until this November" before deciding whether to seek the Democratic nod to take on GOP Rep. Tom Kean Jr.

● NY-22: New York State United Teachers, which is affiliated with the American Federation of Teachers and National Education Association, has endorsed Democratic state Sen. John Mannion's bid to take on GOP Rep. Brandon Williams. Mannion is a former public school teacher, and City & State says the labor group has enthusiastically backed him in past races.

● RI-01: Lincoln Town Councilor Pamela Azar at some point quietly ended her campaign for the Democratic nod and endorsed one of her many former rivals, state Sen. Ana Quezada.

● TX-34: House Speaker Kevin McCarthy has endorsed former GOP Rep. Mayra Flores in her rematch effort with Democratic incumbent Vicente Gonzalez.

● UT-02: State election officials confirmed this week that both former RNC member Bruce Hough and former state Rep. Becky Edwards have turned in enough valid signatures to make the Sept. 5 special Republican primary to succeed outgoing Rep. Chris Stewart. The pair will face Celeste Maloy, a former Stewart aide who qualified for the ballot by winning last month's party convention. The winner will be favored on Nov. 7 against Democratic state Sen. Kathleen Riebe in this gerrymandered 57-40 Trump seat.

● WI-03: Both state Rep. Katrina Shankland and former La Crosse County Board chair Tara Johnson tell the Milwaukee Journal Sentinel that they're interested in joining the Democratic primary to take on GOP Rep. Derrick Van Orden.

Mayors and County Leaders

● Houston, TX Mayor: Former Republican City Councilmember Jack Christie tells the Houston Chronicle he's considering entering the Nov. 7 nonpartisan primary to succeed termed-out Democratic Mayor Sylvester Turner, though he said he was still "far from signing up." Attorney Tony Buzbee, an independent who lost the 2019 runoff to Turner 56-44 after spending $12 million, likewise says he hasn't ruled out another campaign even though he's representing Attorney General Ken Paxton at the Republican's upcoming impeachment trial. The filing deadline is Aug. 21, weeks before Paxton's Sept. 5 trial starts.

● Indianapolis, IN Mayor: Democratic incumbent Joe Hogsett has gone on TV well ahead of the Nov. 7 general with a spot hitting his wealthy foe, Republican Jefferson Shreve, that utilizes footage from the ads Shreve ran during his failed 2016 state Senate bid. "Jefferson Shreve will fight for the right to life," says Shreve's old narrator, "and our Second Amendment rights." Indianapolis backed Joe Biden 63-34, but Republicans are hoping Shreve's resources will help him argue that change is needed after Hogsett's two terms.

● Nashville, TN Mayor: The Nashville Scene reports that a conservative group called Save Nashville PAC is spending $150,000 on TV ad campaign to help the one notable Republican in the race, party strategist Alice Rolli, advance past the Aug. 3 nonpartisan primary. The messaging, unsurprisingly, invokes the specter of crime in big cities … other big cities, that is. "How many once-great cities around the U.S. are now complete disasters?" asks the narrator, "Is Nashville next? Alice Rolli will protect Nashville and keep it a clean, safe city."

The offensive comes at a time when two wealthy Democrats, former AllianceBernstein executive Jim Gingrich and former economic development chief Matt Wiltshire, continue to dominate the airwaves in the contest to succeed retiring Democratic Mayor John Cooper. AdImpact relays that Gingrich and his allies have outspent Wiltshire's side $1.6 million to $1.2 million in advertising, while Democratic Metro Council member Freddie O'Connell is far back with just $190,000.

A firm called Music City Research, though, has released a survey showing that, despite being heavily outspent, O'Connell leads with 22% as Wiltshire outpaces Rolli 17-13 for the second spot in the likely Sept. 14 runoff. The pollster is affiliated with Harpeth Strategies, which is run by one of O'Connell's supporters, fellow Metro Council member Dave Rosenberg. Rosenberg tells us this poll was conducted for a "private entity and not a mayoral campaign or an organization associated with a mayoral campaign." He added that, as far as he is aware, the sponsor is not backing or opposing anyone.

The last poll we saw was over a month ago, and it showed a far more unsettled race. The Democratic firm Public Policy Polling, working for real estate development group NAIOP Nashville, had O'Connell at 10% as two Democratic members of the state Senate, Jeff Yarbro and Heidi Campbell, respectively took 9% and 8%.

Morning Digest: Tech executive eyes California Senate bid in state where self-funders have gone bust

Posted on June 16, 2023 by Daily Kos Elections

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

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Leading Off

● CA-Sen: Former Google executive Lexi Reese on Thursday announced that she was forming an exploratory committee for a potential campaign to succeed her fellow California Democrat, retiring Sen. Dianne Feinstein. Reese, whose team tells Politico's Christopher Cadelago she'd use a "significant" amount of her own money should she run, added, "I'm going to take the next couple of weeks to make a decision."

Reese's name hadn't previously surfaced in a top-two primary contest between Democratic Reps. Barbara Lee, Katie Porter, and Adam Schiff, though she appears to have spent a significant amount of time quietly preparing a campaign. Puck News reports that she "has been actively exploring a Senate run over the last few months," while Cadelago relays that she's already put a team together.

Reese's entrance could make it easier for a Republican to advance to the general election in a dark blue state that's hosted several fall contests between two Democrats. The San Mateo County resident would also end Lee's status as the only serious Democratic candidate who hails from the Bay Area instead of from Southern California, though unlike the longtime East Bay congresswoman, Reese has never run for office before. That last bit may be a tough hurdle to overcome because, despite the massive cost of running for office in America's most populous state, California has rejected several wealthy first-time candidates who wanted the governorship or a Senate seat.

Back in 1998, when the Golden State still held partisan primaries, former Northwest Airlines co-chair Al Checchi broke state records by dropping $40 million of his own money (about $75 million in 2023 dollars) to try and win the Democratic primary for governor. His investment helped him build an early lead in the polls, but Checchi soon found himself trading negative ads against Rep. Jane Harman, who was also deploying some of her fortune.

It also didn't help Checchi that, as CNN wrote over a month before the primary, voters were comparing him to Michael Huffington, a one-term Republican congressman who narrowly lost the 1994 Senate race to Feinstein after doing his own extensive self-funding. Lt. Gov. Gray Davis, who had languished in third place for most of the primary, promised "experience money can't buy" and beat Checchi in a 57-20 landslide, a win that set Davis on the path to becoming California's first Democratic governor in 16 years.

Davis’ tenure ended in a 2003 recall where he was replaced by Republican Arnold Schwarzenegger in a campaign where the superstar spent $10.6 million (nearly $20 million in 2023 dollars). That win made Schwarzenegger the last person to win either of the state’s top posts after doing a serious amount of self-funding, though unlike other wealthy contenders, the soon-to-be “Governator” began his race as a household name.

Checchi in 2010 would acknowledge the limits of his own strategy by griping to the San Francisco Chronicle, "What could you say in a 30-second commercial?" but Republican Meg Whitman that year would air many 30-second ads in her bid to lead the state. The former eBay CEO gave her campaign $144 million ($200 million today), which at the time made her the biggest self-funder in American electoral history. That same cycle saw former HP CEO Carly Fiorina challenge Democratic Sen. Barbara Boxer, though Fiorina deployed "just" $7 million as she relied more on donors.

But while Republicans were on the offensive that year nationally, the termed-out Schwarzenegger’s terrible approval ratings were too much of an anvil for California Republicans to overcome. Former Gov. Jerry Brown regained his old office by beating Whitman 54-41 the same night that Boxer scored a similar victory against Fiorina.

Senate

● IN-Sen: Termed-out Gov. Eric Holcomb revealed Thursday that he would stay out of the GOP primary for the Senate, a declaration that comes months after almost everyone stopped seriously wondering if he’d run. (Holcomb himself only made this announcement in the seventh paragraph of an op-ed for the Indianapolis Star bemoaning the state of the federal government.) Far-right Rep. Jim Banks remains the only serious contender for this seat, and there’s no indication that will change.

● WI-Sen: Wealthy businessman Scott Mayer tells The Messenger he’ll decide after Labor Day if he’ll enter the GOP primary to challenge Democratic incumbent Tammy Baldwin, though he acknowledges he’s not his own first choice to run. Mayer reveals he wanted “someone like” Rep. Mike Gallagher to get in, but he says that “there is really no… awesome people stepping forward” now that the congressman has decided not to go for it. Mayer also reiterated that, while he’d “have to put some of my own money in,” he doesn’t have enough to get by only on self-funding.

Governors

● ND-Gov: While Republican Gov. Doug Burgum doesn't appear to have said anything about running for a third term at home in the likely event that his White House hopes go nowhere, a pair of party strategists tell Inside Elections' Jacob Rubashkin they anticipate the incumbent will be seeking reelection.

There is no shortage of Republicans who could run if this becomes an open seat race, but one of Rubashkin's sources tells him that "nobody is going to do anything until they see if Burgum catches any fire in the presidential race." North Dakota's candidate filing deadline takes place in April, well after most states hold their presidential primaries.

House

● MI-07: While 2022 GOP nominee Tom Barrett has yet to announce his long-anticipated new campaign, party strategists tell Inside Elections' Erin Covey they believe he will this summer. No other serious Republicans have shown any obvious interest in running for the swing seat that Barrett's last Democratic foe, Rep. Elissa Slotkin, is giving up to run for the Senate; one person mentioned former state House Speaker Tom Leonard as a possible option in the event that Barrett shocks everyone and stays out.

No notable Democrats are running yet either, but Covey says the party has "largely consolidated behind" former state Sen. Curtis Hertel. The Detroit News previously reported that Hertel, who currently serves as Gov. Gretchen Whitmer's legislative director, could launch as soon as next month after the state budget is finished.

● RI-01: Former state official Nick Autiello has launched the very first TV ad of the Sept. 5 special Democratic primary, and WPRI says he's spending less than $20,000 for a week-long buy. The spot features Autiello declaring, "It's time we ban assault weapons, make healthcare affordable, and deliver for Rhode Island."

● TX-32: State Rep. Julie Johnson has filed with the FEC for a potential campaign to succeed her fellow Democrat, Senate candidate Colin Allred.

● UT-02: Candidate filing closed Wednesday for the special election to succeed outgoing Republican Rep. Chris Stewart, who will "irrevocably resign" effective the evening of Sept. 15, in a gerrymandered seat that Donald Trump carried 57-40, and the state has a list of contenders here. The party primaries will take place Sept. 5―a full 10 days before Stewart is to leave office―and the general election for Nov. 21, dates the legislature also approved in a special session Wednesday.

Contenders have two routes to make the ballot for their respective party primary. The first option is to turn in 7,000 valid signatures by July 5, while the other alternative is to win their party's convention: The GOP's convention is set for June 24, while Democrats will gather four days later.

Thirteen Republicans filed overall, and since eight are only going with the convention option, the field will be significantly smaller soon. That's because, under the state's special election law, only one person can advance out of the event instead of the maximum of two that are normally allowed. The Republicans who are only going with the convention option are:

State party activist Kathleen Anderson
Businessman Quin Denning
Academic Henry Eyring
State party official Jordan Hess
Leeds Mayor Bill Hoster
former state House Speaker Greg Hughes
Perennial candidate Ty Jensen
Stewart legal counsel Celeste Maloy

The remaining five are trying both routes:

former state Rep. Becky Edwards
Navy veteran Scott Hatfield
RNC member Bruce Hough
Some Dude Remy Bubba Kush
former congressional staffer Scott Reber

While candidates have the option to bypass the convention entirely and just collect signatures, none will this time. (Edwards originally checked off the box on her filing form saying she'd do this, but she later crossed it out and went with convention and signatures.) The petition process can cause headaches even for well-funded candidates, though, so some of these people may struggle to continue their campaigns if they lose the convention.

Three Democrats are also in, and all three are just competing at their convention: state Sen. Kathleen Riebe, businessman Guy Warner, and perennial candidate Archie Williams. Another six nonaligned contenders are running but, despite some early chatter, 2022 Senate candidate Evan McMullin is not one of them.

Mayors and County Leaders

● Aurora, CO Mayor: Nonprofit head Rob Andrews this week became the second Democrat to launch a bid against Republican Mayor Mike Coffman in a Nov. 7 nonpartisan contest where it takes just a simple plurality to win. Coffman's only declared foe up until this point was City Councilmember Juan Marcano, a member of the Democratic Socialists of America who started running in January. The filing deadline isn't until Aug. 29.

Andrews, who would be the first Black person elected to lead this suburb of 384,000 people just east of Denver, was briefly part of the Calgary Stampeders' 2007 roster, but that Canadian Football League team released him during the preseason. Andrews, who unsuccessfully ran for the City Council in Colorado Springs in 2009, now leads a nonprofit that describes its mission as "empower[ing] the unemployed and those with barriers to employment to become self-supporting through job preparation and placement."

● Houston, TX Mayor: Rep. Sheila Jackson Lee on Thursday publicized a high-profile endorsement from her fellow Democrat, Harris County Judge Lina Hidalgo, ahead of the Nov. 7 nonpartisan primary for mayor. Hidalgo leads a county that includes about 98% of Houston (in Texas, county judges are the top executive offices rather than judicial posts), with the rest split between Ford Bend and Montgomery counties.

Jackson Lee's main foe in the race to succeed termed-out incumbent Sylvester Turner appears to be another Democrat, state Sen. John Whitmire. The field also includes City Councilman Robert Gallegos; bond investor Gilbert Garcia; attorney Lee Kaplan; and former City Councilwoman Amanda Edwards, who lost the 2020 Democratic primary for Senate. Attorney Tony Buzbee, a self-funding independent who lost the 2019 runoff to Turner 56-44, also showed interest in another campaign in April, but he's since signed on to represent Attorney General Ken Paxton at the Republican's upcoming impeachment trial. The candidate filing deadline isn't until Aug. 21, and it's not clear if Paxton's trial before the state Senate will have started by then.

Prosecutors and Sheriffs

● Palm Beach County, FL State Attorney: Alexcia Cox, who is the top deputy to retiring incumbent Dave Aronberg, announced Thursday that she'd compete in next year's Democratic primary to succeed him. Cox would be both the first Black person and first woman to serve as prosecutor for this populous South Florida county.