Live coverage: House GOP hearing on just how old Biden is

The House Judiciary Committee, led by Republican Jim Jordan, is holding its latest hearing Tuesday to investigate President Joe Biden for … something. Anything.

This hearing features former special counsel Robert Hurt, selected by Attorney General Merrick Garland to investigate classified documents found at Biden’s home. In his report, Hur concluded that Biden had cooperated with officials and wasn’t subject to changes.

However, Hur also infamously included lines such as one saying that Biden presents as "a sympathetic, well-meaning, elderly man with a poor memory." Many of Hur’s statements fed into the Biden-so-old narrative that the Republican Party—and the national media—seem determined to make the “but her emails of 2024.”

Hur reportedly left the Department of Justice recently and will be testifying as a private citizen. How this will affect his testimony is unclear.

Join Daily Kos for live coverage.

UPDATE: Tuesday, Mar 12, 2024 · 6:38:59 PM +00:00 · Mark Sumner

Low-energy questioning from Rep. Ben Cline that, like a lot of the moments today, is little more than just reading parts of the public report. He runs out of steam somewhere along the line without even seeming to convince himself.

UPDATE: Tuesday, Mar 12, 2024 · 6:35:00 PM +00:00 · Mark Sumner

Ivey asks about Moran’s scummy use of “guardianship.” 

Funny moment as Jordan interjects then claims he can’t yield, because “it’s not my time.”

Ivey: You’re speaking, but it’s not your time?

UPDATE: Tuesday, Mar 12, 2024 · 6:32:53 PM +00:00 · Mark Sumner

Rep. Glenn Ivey just walking Hur through the actions that Biden took in cooperation, and how this was the “opposite” of actions taken by Trump. 

This is the part of the story all the Republicans in the room will ignore. Again.

UPDATE: Tuesday, Mar 12, 2024 · 6:23:56 PM +00:00 · Mark Sumner

The House is now debating a bill concerning how the federal government rents office space. It sounds innocuous, but it surely contains some black hole of unfettered evil. Because with this House, it wouldn’t be getting a vote without a big dollop of ick.

After this, the House will debate a bill that provides a meaningless finger-wag of disdain for Biden's immigration policies, without doing a thing to change any of those policies. Which, honestly, seems like the perfect way to take time out from an equally meaningless hearing.

Hang in there.

UPDATE: Tuesday, Mar 12, 2024 · 6:13:41 PM +00:00 · Mark Sumner

The House is now voting on bringing a couple of bills to the floor, neither of which is earth-shaking. However, there’s a pretty hefty set of items on the list of items that could be considered under suspension. So … we wait.

Moran was genuinely slimy. I foresee a future in Republican leadership.

UPDATE: Tuesday, Mar 12, 2024 · 5:52:05 PM +00:00 · Mark Sumner

Now the hearing is in a recess while the House carries out some votes. The recess will last until ten minutes after the last vote, which will be … we don’t know. Stay tuned.

UPDATE: Tuesday, Mar 12, 2024 · 5:50:48 PM +00:00 · Mark Sumner

Rep. Nathaniel Moran is showing why he is this far down the charts because he starts off by repeating things that a half dozen Republicans have already covered. However, he shows his desire to rise up the MAGA ranks with a ridiculous contention that  Biden is “incapacitated” and talking about “guardianships” as he suggests Biden can’t manage his personal finances.

In other words, he’s being a rat bastard.

UPDATE: Tuesday, Mar 12, 2024 · 5:46:47 PM +00:00 · Mark Sumner

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UPDATE: Tuesday, Mar 12, 2024 · 5:45:22 PM +00:00 · Mark Sumner

Rep. Cori Bush doesn’t bother to question Hur. Instead, she spends her minutes pointing out that this “investigation,” like the mock impeachment investigation, is a waste of time that consumes Congress’ time and is being done for no reason other than to help Trump.

UPDATE: Tuesday, Mar 12, 2024 · 5:43:14 PM +00:00 · Mark Sumner

Rep. Kelly Amstrong follows in the same groove already worn down by previous Republican reps — trying to equate Biden’s accidental retention of documents and his open cooperation with the government, with Trump’s deliberate retention and open hostility to attempts to retrieve documents.

UPDATE: Tuesday, Mar 12, 2024 · 5:39:12 PM +00:00 · Joan McCarter

Jordan is trying to get Hur to say that DOJ should give Congress the tapes of all the interviews conducted in his investigation. Hur says he’s not with the DOJ anymore, so no, he can’t really say. He does say audio recordings were part of the information he used to make the report, which Jordan uses to say that means Congress should have everything. So get ready for more Jordan subpoenas and more pointless hearings about the DOJ’s weaponization of information.

UPDATE: Tuesday, Mar 12, 2024 · 5:32:20 PM +00:00 · Joan McCarter

Rep. Deborah Ross, North Carolina Democrat, quips that Hur has been testifying for nearly three and a half hours, almost as long as Biden spent talking to him.

UPDATE: Tuesday, Mar 12, 2024 · 5:30:20 PM +00:00 · Joan McCarter

Lee seems to be trying to find anything at all that Biden could be charged for. It ain’t there. Hur is engaging the hypotheticals, but not giving her much.

UPDATE: Tuesday, Mar 12, 2024 · 5:28:38 PM +00:00 · Joan McCarter

We’re down to the “who?” Republican members. Now it’s Florida’s Laurel Lee asking a question designed to allow her to repeat “elderly, well-meaning man.” Now she’s going down a weird road, befuddling Hur, on obstruction of justice. Now sure what line she’s following here. 

UPDATE: Tuesday, Mar 12, 2024 · 5:23:09 PM +00:00 · Joan McCarter

Rep. Veronica Escobar, Texas Democrat, is pointing out that Trump’s documents at Mar-a-Lago were “accessible by tens of thousands of people.” Asks if Joe Biden provided access to tens of thousands of people to the documents he had. Of course that’s a no. 

UPDATE: Tuesday, Mar 12, 2024 · 5:21:00 PM +00:00 · Joan McCarter

Good lord. Hageman is doing “but her emails!” Why wasn’t Hillary prosecuted. These people.

UPDATE: Tuesday, Mar 12, 2024 · 5:19:12 PM +00:00 · Joan McCarter

They just can’t let it go. Lots of questions from Wyoming GOP member Harriet Hageman on Trump’s “condition.” She’s going for the “evil mastermind” Biden who knew he was stealing documents—he “understood” he could not keep it—Hur isn’t giving Hageman (who replaced Liz Cheney, way to go Wyoming) much help.

UPDATE: Tuesday, Mar 12, 2024 · 5:14:00 PM +00:00 · Joan McCarter

Rep. Dean is putting Trump’s indictments into the record, as well as the transcript in which Biden did remember the day his son died. Remember, Hur did not take the opportunity to correct the record.

And now Democratic Rep. Lucy McBath of Georgia, is once again hitting Trump’s mishandling of documents. Goes on to get Hur to answer yes or no to exculpatory conclusions for Biden.

UPDATE: Tuesday, Mar 12, 2024 · 5:06:39 PM +00:00 · Joan McCarter

GOP Rep. Kevin Kiley, Calif., not really scoring any points here from Hur. He won’t deviate from what’s in the report. And Kiley is doing his best to put words in Hur’s mouth. 

UPDATE: Tuesday, Mar 12, 2024 · 5:03:48 PM +00:00 · Joan McCarter

Rep. Dean—she has the transcript and asks Hur to correct the record on Biden forgetting the date of his son Beau’s death. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 5:01:28 PM +00:00 · Joan McCarter

Another Democrat, Madelaine Dean, Penn., once again getting Hur to reiterate that his decision to not prosecute was based on the lack of evidence. And again  makes the contrast to Trump, asking Hur to read the words from his report about Trump’s obstruction. Hur tries to get Dean to read all of it instead, she tells him “it’s your report,” you can read it. That was helpful--straight from the horse’s mouth.

UPDATE: Tuesday, Mar 12, 2024 · 4:58:18 PM +00:00 · Joan McCarter

Jordan forgot to turn his mic on for his latest question. The single best thing Jordan has ever done, yelling into a dead mic. He’s trying to draw Hur out on impressions of Biden. Here Hur is being a little more forthcoming on the memory lapses.

UPDATE: Tuesday, Mar 12, 2024 · 4:55:37 PM +00:00 · Joan McCarter

Alabama Republican Rep. Barry Moore is going through presidential history of classified document handling. He’s going to use his time to attack special counsel Jack Smith who’s investigating Trump. Hur won’t, of course, comment. But Moore is going to use his time to smear Smith anyway.

UPDATE: Tuesday, Mar 12, 2024 · 4:52:41 PM +00:00 · Joan McCarter

We’re back to procedure with Democratic Rep. Joe Neguse of Colo. He’s getting Hur to reiterate that there was no interference, resistance from AG Garland and that Garland did not modify his report. Hur agrees—none of that happened.

Neguse contrasts with how AG Bil Barr handled the Mueller report against Trump. Hur agrees, the AGs did not conducted that report the same way. “I was able to conduct a fair, thorough investigation,” Hur says, not influenced by Garland.

UPDATE: Tuesday, Mar 12, 2024 · 4:44:27 PM +00:00 · Joan McCarter

How bad is Biden’s memory? asks GOP Rep. Cliff Bentz from Oregon. At least he’s not a yeller.

UPDATE: Tuesday, Mar 12, 2024 · 4:41:32 PM +00:00 · Joan McCarter

Rep. Mary Scanlon, Democrat from Pennsylvania, again walking Hur through his conclusions and his focus in the report about Biden’s cooperation vs. Trump’s alleged obstruction.

Scanlon pointing out that plenty of witnesses don’t remember exactly details from years ago, and showing another video of Trump saying in depositions that he didn’t remember when he married Marla Maples, when he owned certain properties, etc. 

UPDATE: Tuesday, Mar 12, 2024 · 4:38:25 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 4:37:12 PM +00:00 · Joan McCarter

Meanwhile:

“What month did Beau die? Oh God, May 30,” he said, naming the correct day, according to a transcript of the exchange reviewed by The Washington Post. Not a good look for Hur… https://t.co/MOR1uAAOmU

— Tim Miller (@Timodc) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 4:34:24 PM +00:00 · Joan McCarter

No subtlety from GOP Rep. Scott Fitzgerald, Wisc.: Is Biden senile? Hur is not going to go there. 

UPDATE: Tuesday, Mar 12, 2024 · 4:31:49 PM +00:00 · Joan McCarter

Rep. Lou Correa, Calif., now up for Democrats, and again draws out Hur on the Trump/Biden contrasts in handling of classified documents. Hammering this again and again, which Jordan had to know was going to happen. He apparently thought he would have a sympathetic witness in Hur. If so, he thought wrong.

UPDATE: Tuesday, Mar 12, 2024 · 4:25:28 PM +00:00 · Joan McCarter

GOP Rep. Tom Tiffany, Wisc. going back to Jordan’s questions about how the White House tried to get the parts about Biden being old edited out of the document (which didn’t happen) as another opportunity to talk about how old Biden is.

UPDATE: Tuesday, Mar 12, 2024 · 4:23:02 PM +00:00 · Joan McCarter

Democrat Ted Lieu, Calif., is now up and focusing again on the contrast with Trump’s behavior---lying to investigators, trying to hide documents, etc. 

Really, what did Republicans think in calling this hearing? Did they really think no one would notice that part of the report, the part that damns Trump?

UPDATE: Tuesday, Mar 12, 2024 · 4:20:03 PM +00:00 · Joan McCarter

Back to Jordan. “Did the White House get the report before the report went public? … Did the White House try to get the report changed?” Did the White House go over his head to AG Garland to get changes made in the report? Hur simply says they can write to whoever they want. 

UPDATE: Tuesday, Mar 12, 2024 · 4:16:47 PM +00:00 · Joan McCarter

GOP Rep. Victorial Spartz of Indiana just using her time to focus on the “sympathetic old man” language. Of course.

UPDATE: Tuesday, Mar 12, 2024 · 4:14:50 PM +00:00 · Joan McCarter

Jayapal making him repeat the words from his report that there was not sufficient evidence to convict. 

UPDATE: Tuesday, Mar 12, 2024 · 4:12:31 PM +00:00 · Joan McCarter

Democrat Pramila Jayapal of Washington now up. Hur fighting with Jayapal about the use of the word “exoneration,” which she used. Notably, Jayapal is the first woman to question him, and is the only lawmaker he has talked over, interrupted, and man-splained to.

UPDATE: Tuesday, Mar 12, 2024 · 4:09:48 PM +00:00 · Joan McCarter

Now Bishop is being cranky that the DOJ released the transcripts. They did it too late, he says.

UPDATE: Tuesday, Mar 12, 2024 · 4:07:56 PM +00:00 · Joan McCarter

Next up, GOP Rep. Dan Bishop, NC. He seems to be trying that Biden doesn’t understand the differences between “confidential,” “secret,” “top secret” in classified information. 

UPDATE: Tuesday, Mar 12, 2024 · 4:05:38 PM +00:00 · Joan McCarter

Swalwell pulls out a bit from the transcript, where Hur tells Biden he seems to have a “photographic” recall of the house—not sure of the context—and points out that was not included in the report, then includes another video compilation of Trump mangling the English language.

UPDATE: Tuesday, Mar 12, 2024 · 4:01:34 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Eric Swalwell of California. Swalwell first commends him for his immigrant story, with a dig at Republicans on immigration. Then he details the criminal indictments and allegations against Trump. Asks Hur if he would pledge to not accept another appointment from Trump if he wins again. Hur won’t.

UPDATE: Tuesday, Mar 12, 2024 · 3:59:26 PM +00:00 · Joan McCarter

Okay, Biggs is going with the “evil mastermind” narrative for Biden. They really are not on the same page here.

UPDATE: Tuesday, Mar 12, 2024 · 3:56:41 PM +00:00 · Joan McCarter

Now we’ve got Freedom Caucus maniac Andy Biggs of Arizona. He’s trying to get Hur to say that while there wasn’t “willful” conduct by Biden, but sloppiness. Not sure what Biggs is trying to draw out with this. 

UPDATE: Tuesday, Mar 12, 2024 · 3:53:37 PM +00:00 · Joan McCarter

Hur insists that in order to provide a complete report he had to include the partisan hit job material. Schiff is not letting it go. Schiff: “you made a choice, a political choice.”

UPDATE: Tuesday, Mar 12, 2024 · 3:52:13 PM +00:00 · Joan McCarter

Now we’ve got Rep. Adam Schiff of California, blasting Hur for including the bits about Biden’s memory. “You could have written the report just focusing on the documents, but you included the words about Biden’s memory … creating a political firestorm.” Schiff has a big poster of Trump’s Mar-a-Lago bathroom full of boxes behind him.

He’s hitting Hur hard on the gratuitous inclusion of the memory stuff, which Schiff says is “prejudicial and subjective,” and deliberately included in the report for Republicans to use.

UPDATE: Tuesday, Mar 12, 2024 · 3:48:47 PM +00:00 · Joan McCarter

Van Drew is calling Biden “cognitively impaired” but crafty in establishing his legacy. They’re not doing a very good job making their case.

UPDATE: Tuesday, Mar 12, 2024 · 3:47:05 PM +00:00 · Joan McCarter

Another Republican, Jeff Van Drew from NJ, is cherry-picking from the report to damn Biden and say his a criminal, and hitting the “well-meaning, forgetful old man,” repeatedly. Again with the double standards of justice. Hur won’t play along.

UPDATE: Tuesday, Mar 12, 2024 · 3:43:49 PM +00:00 · Joan McCarter

Democratic Rep. Hank Johnson, Georgia, laying out Hur’s conservative, Federalist Society credibility, as a Trump US Attorney. Pointing out that Garland appointed him as special counsel on this matter, and that Garland did not direct him in his investigation. He’s doing a good job of establishing the credibility of Garland and of Hur, establishing again---with Hur---there is no “two tiers of justice” as Republicans insist.

Now Johnson hitting Hur for including the gratuitous bits about Biden’s senility for partisanship. Hur angrily rejects that, the first response beyond the “it’s in the report” answers.

UPDATE: Tuesday, Mar 12, 2024 · 3:38:23 PM +00:00 · Joan McCarter

Here’s Raskin, the highlight of this charade so far:

Raskin: This is a memory test. It's not a memory test for President Biden. It's a memory test for all of America. Do we remember fascism? Do we remember naziism? Communism and totalitarianism? Have we forgotten sacrifices of our parents and grandparents pic.twitter.com/qVKQaKWR1F

— Acyn (@Acyn) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 3:36:39 PM +00:00 · Joan McCarter

GOP Rep. Darrell Issa of Calif. now up. He says he’s not going to play prosecutor or make stuff up, pretending to be reasonable but also slipping in that “Biden is old” narrative. Issa trying to get Hur to say whether he thinks Biden has a history back to the Senate of mishandling info. Hur won’t. 

“In this case, did you conclude that Biden was ‘outright innocent.’” Hur again points Issa to the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:52 PM +00:00 · Joan McCarter

Cohen chastises Gaetz for his “senile” slurs.

UPDATE: Tuesday, Mar 12, 2024 · 3:32:09 PM +00:00 · Joan McCarter

Democrat Steve Cohen, Tennessee, now up, commending Hur and the DOJ for doing its job. He’s getting Hur on the record to say that Attorney General Merrick Garland was fair and impartial in allowing Hur to conduct the investigation. Hur agrees. 

Cohen tries to get Hur to say that he didn’t decide not charge Biden because of his memory but because the evidence wasn’t there. Hur won’t go beyond what’s in the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:27:15 PM +00:00 · Joan McCarter

Hur so far isn’t giving the GOP much. He’s not going beyond the report.

UPDATE: Tuesday, Mar 12, 2024 · 3:25:56 PM +00:00 · Joan McCarter

Oh joy, now it’s Rep. Matt Gaetz, competing with Jordan in the yelling. He’s trying to get Hur to say Biden lied to him. Gaetz keeps repeating the phrase “senile cooperator theory,” and “the elevators not going to the top floor” and whether Biden is being “crafty.”

So Gaetz is now saying that “old Biden” is just an act to cover up his evil-doing. Now he’s trying to say that the Chinese own the Penn Biden Center?

UPDATE: Tuesday, Mar 12, 2024 · 3:20:24 PM +00:00 · Joan McCarter

Rep. Sheila Jackson Lee, Democrat of Texas, reiterates that the interviews occurred in the hours after the crisis in Israel and Biden cooperated and gave hours to the interview. She’s detailing the process and procedure of the investigation, establishing the thoroughness of the investigation and Hur’s conclusions.

UPDATE: Tuesday, Mar 12, 2024 · 3:17:07 PM +00:00 · Joan McCarter

Comer is trying to make a case that Biden White House employees were visiting the Penn Biden Center before classified documents were held. Hur doesn’t really help here. Comer apparently tried to make the case that Biden directed some kind of cover-up or something. Hur wouldn’t go along with him.

UPDATE: Tuesday, Mar 12, 2024 · 3:14:54 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 3:13:06 PM +00:00 · Joan McCarter

Now Comer is going on about “Biden family activities.” He’s just not going to let it go. Hur won’t speak to anything beyond what is in his report.

UPDATE: Tuesday, Mar 12, 2024 · 3:10:32 PM +00:00 · Joan McCarter

Raskin’s statement is excellent and too fast to transcribe. 

"They were looking for high crimes and misdemeanors. Now they appoint themselves amateur memory specialists."
UPDATE: Tuesday, Mar 12, 2024 · 3:09:28 PM +00:00 · Joan McCarter

Raskin hitting again the contrast between Trump and Biden, and making Hur reiterate his findings distinguishing the two.

Raskin is hitting GOP hard for making this a “memory test” for Biden, while the GOP is forgetting the lessons of fascism, of the world’s experience with dictators. 

UPDATE: Tuesday, Mar 12, 2024 · 3:06:22 PM +00:00 · Joan McCarter

“Pride and money,” Jordan says. Yeah, about that $1 million in book proceeds that went to charity…. 

Now Jordan’s going after the ghost-writer who tried to destroy evidence by deleting interview recordings. And about Mr. Trump? Jordan isn’t going to go there.

UPDATE: Tuesday, Mar 12, 2024 · 3:03:51 PM +00:00 · Joan McCarter

Now Jordan is getting shouty. “Why did he do it?” Talks about Biden’s 50 years in public services (see, he’s old!). “Joe Biden knew the rules … why did he break them?” Of course Hur couldn’t answer that. 

But Jordan reads that Biden had “strong motivation” to hold onto the documents because he was writing a book. “How much did Biden earn for writing that book? …. $8 million.” So now Biden isn’t old, he’s greedy.

UPDATE: Tuesday, Mar 12, 2024 · 3:00:14 PM +00:00 · Joan McCarter

Now up, Democratic Rep. Zoe Lofgren, California. She points out that even President Reagan kept his presidential diaries that could have had classified info. The “Reagan precedent” applies to the notebooks Biden kept. Did Biden assert any of his documents where “personal property”? Hur says basically no. Lofgren again compares Trump—he claimed the documents were his. Then Lofgren again reads from the report, the comparison between Trump and Biden and their levels of cooperation. Again, making the point that “these cases are not the same.” Which will probably be the only story out of this fiasco of a hearing, not that it will stop the GOP.

UPDATE: Tuesday, Mar 12, 2024 · 2:55:46 PM +00:00 · Joan McCarter

Republicans are going to have a hard time making the argument that the Trump prosecution is unfair and politically motivated by the Biden administration with the actual report. Which lays out all the stuff that Trump did.

UPDATE: Tuesday, Mar 12, 2024 · 2:54:22 PM +00:00 · Joan McCarter

Reporters are going through the transcript of Biden’s interview with Hur. Look at what a monster we have for a president:

President Biden testified to Hur that he doesn't even own individual stocks and gave $1 million in book proceeds to charity pic.twitter.com/xGOM9L47xB

— Aaron Rupar (@atrupar) March 12, 2024

UPDATE: Tuesday, Mar 12, 2024 · 2:52:46 PM +00:00 · Joan McCarter

Now we’ve got Rep. Tom McClintock being outraged that Biden had classified documents in his garage. He’s equating Trump’s mishandling with Biden’s and saying that it’s a double standard. “The only person being prosecuted for this offense is a political rival of the president.”

Hur says he laid out the contrast in his report and he’s not going to go beyond what was included here.

UPDATE: Tuesday, Mar 12, 2024 · 2:50:22 PM +00:00 · Joan McCarter

Nadler continues with the Trump comparison. Did Biden lie or direct his staff to lie? No. Did he attempt to hide documents or get his staff to do it? No. 

“Donald Trump is charged” with his mishandling of documents, and “President Biden is not being charged” because Hur could not prove he committed a crime.

UPDATE: Tuesday, Mar 12, 2024 · 2:48:05 PM +00:00 · Joan McCarter

Now Nadler is up with his questions. Points out that Hur did not find evidence that rose to the level of prosecution. “You can’t be a ‘little bit’ charged for a crime. You’re charged or you’re not.” Hur admits that yes, there was not enough to charge him.

Now Nadler turns to the comparison with Trump---Biden “quickly and voluntarily” returned the documents when made aware of them, and the DOJ had to get a warrant to search Mar-a-Lago.

UPDATE: Tuesday, Mar 12, 2024 · 2:43:53 PM +00:00 · Joan McCarter

Armstrong is pushing really hard to try to get Hur to say Biden is a criminal.

UPDATE: Tuesday, Mar 12, 2024 · 2:42:56 PM +00:00 · Joan McCarter

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UPDATE: Tuesday, Mar 12, 2024 · 2:41:44 PM +00:00 · Joan McCarter

Rep. Kelly Armstrong from North Dakota detailing all the places they found documents and calls Biden the “defendant” and also keeps talking about the “crime.” Biden is not a defendant, by the way. Because this guy that they’re interviewing, the DOJ special counsel, said "We did not, however, identify evidence that rose to the level of proof beyond a reasonable doubt."

UPDATE: Tuesday, Mar 12, 2024 · 2:38:15 PM +00:00 · Joan McCarter

Now Hur is getting into the “old” bit, the president’s state of mind, memory, mental state, and how a jury would consider all that if he brought charges. Hur hitting Biden for saying “he didn’t remember” the discussion with his ghost-wirter, having the classifed documents. Said he had to put in those concerns about Biden’s mental acuity to explain why he was not bringing charges.

UPDATE: Tuesday, Mar 12, 2024 · 2:35:58 PM +00:00 · Joan McCarter

Explains the evidence that Biden willfully held classified documents, including tapes of discussions with his ghost-writer about how he discovered the documents in his home. 

UPDATE: Tuesday, Mar 12, 2024 · 2:33:42 PM +00:00 · Joan McCarter

Now Robert Hur is up for his opening statement. Starts with his resume, speaking about how is family immigrated from Korea and his love for the country. Says he has done his job with complete impartiality.

UPDATE: Tuesday, Mar 12, 2024 · 2:31:16 PM +00:00 · Joan McCarter

“Given that this report is so damning” against Trump, Raskin says, it’s hard to see what Jordan and team think they’ll get out of this to hurt Biden.

UPDATE: Tuesday, Mar 12, 2024 · 2:30:02 PM +00:00 · Joan McCarter

Now Democratic Rep. Jamie Raskin is up. He’s making a good point that the five hour interview Biden gave Hur came the day after the Hamas attack on Israel on Oct. 7, that he was multi-tasking. And again, reads directly from the Hur report contrasting Trump’s conduct with Biden’s.

UPDATE: Tuesday, Mar 12, 2024 · 2:27:37 PM +00:00 · Joan McCarter

The DOJ has released the transcript of the interview. That’s pretty much all from Comer that matters.

UPDATE: Tuesday, Mar 12, 2024 · 2:25:46 PM +00:00 · Joan McCarter

Now up is Rep. James Comer, chair of the other impeaching committee—Oversight. Who knows what conspiracy theories he’s going to cook up with a microphone in front of him. 

UPDATE: Tuesday, Mar 12, 2024 · 2:23:17 PM +00:00 · Joan McCarter

Ooooh, Nadler brings his own video. A montage of Trump saying he doesn’t remember people from his administration, how long he was married to Marla Maples, thinking he beat Obama and the total nonsense he spouts at his rallies.

UPDATE: Tuesday, Mar 12, 2024 · 2:20:35 PM +00:00 · Joan McCarter

Nadler continues: “Biden had the mental acuity to navigate this situation. Donald Trump did not.”

UPDATE: Tuesday, Mar 12, 2024 · 2:19:14 PM +00:00 · Joan McCarter

Ranking member Rep. Jerry Nadler, New York, follows with his opening statement, pointing immediately to the part of the report that was particularly damning for Donald Trump--the comparison between how Biden and Trumped handled classified information. He’s reading the extensive section from the report talking about how Trump kept records in his bathroom. Expect Democrats to hammer on that. 

UPDATE: Tuesday, Mar 12, 2024 · 2:16:55 PM +00:00 · Joan McCarter

This is why Jordan is showing the clip—Biden saying “Mexico” when he meant “Egypt,” never mind that the rest of the statement was cogent substantive.

UPDATE: Tuesday, Mar 12, 2024 · 2:14:09 PM +00:00 · Joan McCarter

Not sure that showing this clip does Jordan a lot of good, since Biden answered questions pretty well there, was sharp. What it does show is the feeding frenzy of the press corps on that one sentence in Hur’s report, the “elderly man with a poor memory.”

UPDATE: Tuesday, Mar 12, 2024 · 2:11:21 PM +00:00 · Joan McCarter

Chairman Jim Jordan jumps right in with the “old” bit from Robert Hur’s report. Is now showing a clip of President Biden’s press conference following the release of the report, handling questions from the press asking about his age and possible senility. 

Biden fuzzy on dates, fumbled details in interviews with Special Counsel Hur

Transcripts of President Biden's interviews with former Special Counsel Robert Hur show the president repeatedly told prosecutors he did not know how classified documents ended up in his home and offices. 

More than five hours of Biden's interviews were turned over to Congress by the Justice Department on Tuesday, hours before Hur is set to testify to the House Judiciary Committee on his investigation into the Democratic president's handling of classified documents. The interview transcripts show Biden was at times fuzzy about dates as he recalled decades-old stories. 

"I have no idea," Biden said when asked how classified information ended up at his Delaware home and former Penn Biden Center office in Washington, D.C. The president added that had he known the documents were there, he would have returned them to the government.

The president did acknowledge that he intentionally kept his personal diaries — which officials said contained classified information. Biden insisted they were his own property, a claim also asserted by previous presidents and vice presidents, and that he had a right to keep them.

SPECIAL COUNSEL ROBERT HUR TO TESTIFY PUBLICLY ON FINDINGS FROM BIDEN CLASSIFIED RECORDS PROBE

Biden said that he left it to his staff to safeguard classified information that was presented to him, often leaving papers on his desk in heaps for aides to sort through and secure.

"I never asked anybody," Biden said. He noted that many of his staff had worked with him for years, to the point where they didn't need direction from him. "It just — it just got done. I don’t know. I can’t remember who."

Hur, in his report on President Biden’s alleged improper retention of classified records, did not recommend criminal charges against Biden. 

"We conclude that no criminal charges are warranted in this matter," said the report, which was released in early February. "We would reach the same conclusion even if the Department of Justice policy did not foreclose criminal charges against a sitting president." 

The special counsel infamously described Biden as "a sympathetic, well-meaning, elderly man with a poor memory."  

Hur stood by those remarks in his prepared testimony to the Judiciary Committee. He will say his report "reflects my best effort to explain why I declined to recommend charging President Biden."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

"My assessment in the report about the relevance of the President’s memory was necessary and accurate and fair," Hur wrote in a copy of the remarks obtained by Fox News. "Most importantly, what I wrote is what I believe the evidence shows, and what I expect jurors would perceive and believe. I did not sanitize my explanation. Nor did I disparage the President unfairly. I explained to the Attorney General my decision and the reasons for it. That’s what I was required to do."

Confusion over the timing of the death of Biden's adult son Beau — who died May 30, 2015 — was highlighted by Hur in his report as an example of the president's memory lapses. But the transcript shows that Hur never asked Biden about his son specifically, as a visibly angry Biden had suggested in comments to reporters the day the report was released.

"How in the hell dare he raise that," Biden said of Hur. "Frankly, when I was asked the question, I thought to myself it wasn’t any of their damn business."

However, the transcript shows that Biden recalled the interview incorrectly.

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

Hur asked Biden about where he kept the things that he was "actively working on" while he was living in a rental home in Virginia immediately after leaving the vice presidency in January 2017. And in that context, it was Biden himself who brought up Beau's illness and death as he talked about a book he'd published later in 2017 about that painful time.

"What month did Beau die?" Biden wondered aloud, adding, "Oh God, May 30th." 

A White House lawyer who was present supplied the year, 2015.

"Was it 2015 he died?" Biden said.

The president went on to tell a story about how his late son had encouraged him to remain involved in public life after the Obama administration ended.

Several portions of the transcript were redacted by the Justice Department, National Security Council and State Department to hide sensitive intelligence and details of foreign affairs matters. 

Fox News Digital's Greg Norman, Brooke Singman and Fox News' Tyler Olson, as well as the Associated Press contributed to this report.

Morning Digest: Big Lie pushers aim to recall Wisconsin Republican for not pushing Big Lie enough

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

Subscribe to The Downballot, our weekly podcast

Leading Off

WI State Assembly: Far-right groups seeking to oust Wisconsin Assembly Speaker Robin Vos announced Monday that they'd turned in about 10,700 signatures to recall the powerful Republican. The effort comes less than two years after Vos narrowly won renomination against an opponent backed by Donald Trump, who sought to punish the speaker for failing to do enough to advance the Big Lie.

If the recall campaign qualifies for the ballot, each party would hold separate primaries ahead of a general election. Vos' 63rd District in the Racine area is solidly Republican turf, so the best way for his conservative detractors to get rid of him may be to deny him the nomination. It only takes a simple plurality to win the primary, though, so a crowded field would likely benefit the incumbent.

Vos, whose 11 years in power makes him the longest-serving speaker in state history, has used his power to continuously block Democratic Gov. Tony Evers from implementing his agenda and responded to Joe Biden's tight 2020 win in Wisconsin by claiming that he believed there was "widespread fraud."

That pronouncement, however, was far from good enough for Trump. The two had a public falling out in 2022 after Vos told Congress that Trump had called him and urged him to retroactively decertify Biden's victory—a move the speaker said was legally impossible.

Trump retaliated by endorsing a previously little-known Republican named Adam Steen. The challenger came very close to defeating Vos, but the speaker hung on with a 51-49 win. (Steen's subsequent general election write-in campaign came nowhere close to succeeding.) While Vos has continued to frustrate Evers, the speaker antagonized election deniers again last year when he wouldn't advance an impeachment effort targeting Wisconsin's top elections official, Meagan Wolfe.

Vos argued in November that, while he wanted Wolfe removed, his party was "nowhere near a consensus" on how to do it. "We need to move forward and talk about the issues that matter to most Wisconsinites and that is not, for most Wisconsinites, obsessing about Meagan Wolfe," he said. But conspiracy theorists were far from done obsessing about Meagan Wolfe and quickly made good on their threats to launch a recall effort.

However, it's not clear exactly which voters would decide Vos' fate. Last month, Evers signed new legislative districts into law to replace gerrymandered Republican maps that the new liberal majority on the Wisconsin Supreme Court struck down. (The court has yet to sign off on the new lines.) Last week, though, the justices declined Evers' request to clarify which set of maps would be used for any special elections or recalls that take place before November, when the new districts are otherwise set to go into effect.

Matt Snorek, who is leading the recall effort against Vos, acknowledged this uncertainty to WisPolitics even as he argued that the old boundaries should apply. "It's unconstitutional to allow folks who didn't vote for him in 2022 to remove him," Snorek said, but also noted that the recall campaign sought to collect signatures in both versions of the seat.

The partisan makeup of Vos' constituency didn't change dramatically, but it did become several points bluer: The old district favored Trump 58-40 in 2020, while the revamped version backed him 56-43.

If the previous lines are used, recall organizers will need 6,850 valid signatures, which represents 25% of the votes cast in the old 63rd District in the 2022 race for governor; the Milwaukee Journal-Sentinel writes that it's not clear what this target would be under the new boundaries. Recall expert Joshua Spivak also added that an "unusual feature" in state law makes it easier to put a recall on the ballot: While most states require anyone who fills out a petition to be a registered voter in their district, the Badger State mandates only that signatories be "eligible" voters.

Vos, though, is hoping his enemies have failed to gather enough signatures and says his team plans to review each petition. Scott Bauer of the Associated Press writes that the bipartisan Wisconsin Elections Commission has a total of 31 days to conduct its own review, though its decision can be challenged in court.

If the recall campaign qualifies, a primary would be held six weeks later, with a general election four weeks after that. (In the unlikely event that no primaries are necessary, the recall would take place on the day that primaries would have taken place.)

P.S. While Vos is on the outs with Big Lie spreaders now, the Republican has a long history of advancing conspiracy theories about elections. Vos responded to Democrat John Lehman's 819-vote victory over GOP state Sen. Van Wanggaard in a June 2012 recall by claiming, "Unfortunately, a portion of [the vote] was fraud." The soon-to-be speaker, though, acknowledged he "did not personally witness any voter fraud" in the campaign, which gave Democrats control of the upper chamber for a few months before Republicans won it back that fall.

Election Night

Mississippi: Tuesday is primary night in Mississippi, but none of the state's members of Congress appear to be in any danger of losing either renomination or the general election.

The most eventful race is the GOP primary for the 4th Congressional District, where self-funding perennial candidate Carl Boyanton has been airing animated ads depicting freshman Rep. Mike Ezell as a "busy bee" who's too close to special interests. (One even features a rhyming jingle.)

Boyanton, however, failed to break out of the single digits in either 2020 or 2022, so it would be a surprise if he gave Ezell a hard time on Tuesday. A third candidate, Michael McGill, is also in, though his presence would only matter if no one earned the majority of the vote needed to avert an April 2 runoff.

Senate

MI-Sen: Former Rep. Mike Rogers picked up the "Complete and Total Endorsement" of Donald Trump on Monday, a move that likely shortcircuits any prospect of a strong MAGA-flavored candidate entering the August GOP primary against the NRSC favorite. Rogers himself mulled challenging Trump in this year's presidential race, but the former congressman has spent his Senate bid cozying up to the man whose time he once said had "passed."

MN-Sen: SurveyUSA shows Democratic Sen. Amy Klobuchar with a 49-33 advantage over Republican Joe Fraser, a banker and Navy veteran who launched a campaign in January. This poll for the ABC affiliate KSTP, which is the first look we've had at this matchup, also shows Joe Biden ahead 42-38 in Minnesota.

NJ-Sen: Rep. Andy Kim won the Ocean County Democratic convention 86-13 on Saturday against former financier Tammy Murphy. Kim represented about half of this longtime GOP bastion under the congressional map that was in place when he won his first two terms in the House, though now it's split between two Republican-held districts, the 2nd and the 4th.

Senate: The Democratic group Senate Majority PAC announced Monday that it has reserved a total of $239 million in TV advertising in four additional states:

  • Arizona: $23 million
  • Michigan: $14 million
  • Pennsylvania: $42 million
  • Wisconsin: $14 million

The super PAC also said it had booked $65 million to defend Sen. Sherrod Brown in Ohio, which is a bit more than the $61 million the GOP firm Medium Buying relayed last month. SMP previously reserved $45 million in Montana and $36 million in Nevada. All seven of these states are held by members of the Democratic caucus, including Arizona, where independent Sen. Kyrsten Sinema is not seeking reelection.

Governors

IN-Gov: Sen. Mike Braun has publicized a late February internal from Mark It Red that gives him a 41-12 advantage over Lt. Gov. Suzanne Crouch ahead of the May 7 Republican primary for governor, which is similar to the 40-13 spread the firm found in December.

House

AZ-02: Former Yavapai County Supervisor Jack Smith filed paperwork with the state on Friday for a potential August primary bid against freshman Rep. Eli Crane, who was one of the eight House Republicans who voted to end Kevin McCarthy's speakership last year. Smith, who does not have the most helpful name for a Republican candidate seeking office in 2024, has not said anything publicly about his plans. The filing deadline is April 1.

Politico reported last month that McCarthy's network planned to target Crane in northeastern Arizona's reliably red 1st District. There's no word yet, though, whether the former speaker sees Smith, who resigned from office in 2019 to become state director for the U.S. Department of Agriculture's Rural Development program, as a strong option.

CA-20: NBC projects that Republican Assemblyman Vince Fong has secured first place in last week's top-two primary to succeed his old boss, former Rep. Kevin McCarthy. Fong, who served as McCarthy's district director before winning a seat in the legislature in 2016, leads with 38% as of Tuesday morning. Another Republican, Tulare County Sheriff Mike Boudreaux, holds a 25-22 advantage over Democrat Marisa Wood for second.

It's not clear how many ballots remain to be tabulated, though. NBC estimates that 65% of the total vote has been counted, but the Associated Press places the proportion at just 62% reporting. The AP has almost 1,500 more votes tallied than NBC even as it reports that a lower percentage of the vote is in.

Note that the first round of the special election for the remaining months of McCarthy's term will take place on March 19. Donald Trump, who like McCarthy backs Fong, carried this Central Valley seat 61-36.

Georgia: Candidate filing closed Friday for Georgia's May 21 primaries, which will mark the first time that the state's new congressional map will be used, and you can find a list of contenders available here. A June 18 runoff will take place in contests where no candidate wins a majority of the vote. The state also conducts a general election runoff between the top two vote-getters on Dec. 3 if no candidate receives a majority on Nov. 5, though that's unlikely to come into play in any congressional races this year.

There was one notable development just ahead of the filing deadline when state Rep. Mandisha Thomas became the third and final Democrat to launch a campaign for the new 6th Congressional District, a safely blue seat in the western Atlanta suburbs. Thomas, though, will face a challenging battle against 7th District Rep. Lucy McBath, a nationally known gun safety activist who ended 2023 with $1 million at her disposal. Cobb County Commissioner Jerica Richardson is also running, but she finished last year with a mere $4,000 banked.

MO-03: State Rep. Justin Hicks announced Monday that he was joining the August Republican primary to replace retiring GOP Rep. Blaine Luetkemeyer. The launch comes several months after Max Calfo, a former Jim Jordan staffer who was challenging him for renomination, shared what he claimed were court documents from St. Louis County dating to 2010 in which a woman accused the then-17-year-old Hicks of trying to choke her.

"The restraining order's true," the woman, whose name has not been shared publicly, told the St. Louis Post Dispatch's Jack Suntrup in November. The county's Circuit Court would not confirm the existence of the records, however, though a spokesperson informed Suntrup that the forms posted by Calfo appeared to match those used by the court at the time. Hicks does not appear to have responded to the allegations, though Calfo claims the state representative is now suing him.

NY-03: Politico reports that the Nassau County Republican Committee has endorsed former Assemblyman Mike LiPetri, who does not appear to have shown any prior public interest in taking on Democratic Rep. Tom Suozzi. LePetri ran for the open 2nd District in 2020 under a prior map but lost the primary 63-36 against Andrew Garbarino, his then-colleague and the eventual general election winner.

Politico says that, while the Nassau GOP only announced its support for LiPetri late Sunday, party chair Joe Cairo gave a heads-up to the other notable Republican running in the June primary, Air Force veteran Greg Hach. Hach quickly used that information to blast LiPetri on Friday as an "Anti-Trumper" who was "anointed by the local back-room political machine" and has "financial ties" to George Santos. But even though LiPetri fired off nine different tweets that same day, he only confirmed he was running to Newsday on Monday evening.

SC-01: Donald Trump on Saturday endorsed Rep. Nancy Mace, whom he'd unsuccessfully tried to defeat in the GOP primary last cycle. The congresswoman that Trump called "an absolutely terrible candidate" in 2022, however, has used the ensuing two years to remake herself into a diehard MAGA defender. Mace does not appear to have a similar reconciliation with Kevin McCarthy, whom she voted to oust as speaker in October.

Mace faces a June primary challenge from former state cabinet official Catherine Templeton, whom the incumbent labeled "McCarthy's puppet" last month. Dan Hanlon, who is Mace's former chief of staff, filed FEC paperwork in late January, but he still has not said anything publicly about this race. The candidate filing deadline is on April 1.

TX-23: Republican Rep. Tony Gonzales on Monday unveiled an endorsement from Lt. Gov. Dan Patrick, one of the most powerful far-right politicians in Texas, ahead of his May 28 primary runoff against gun maker Brandon Herrera, whom he led 45-25 in the first round of voting. Patrick's stamp of approval could be a welcome asset for Gonzales a year after the state party censured him for, among other things, voting to confirm Joe Biden's victory in the hours after the Jan. 6 attacks.

WA-06: State Sen. Emily Randall on Monday unveiled endorsements from two Democratic congresswomen who represent neighboring House seats, Rep. Marie Gluesenkamp Perez of the 3rd District and Rep. Marilyn Strickland of the 10th. Retiring Rep. Derek Kilmer, whose seat Randall is seeking, previously endorsed the other major Democrat in the race, Commissioner of Public Lands Hilary Franz.

Ballot Measures

MO Ballot, MO-Sen, MO-Gov: A new poll from the GOP firm Remington Research Group for the local tip-sheet Missouri Scout finds a 42-26 plurality in favor of amending the state constitution "so that future constitutional amendments would need a statewide majority vote and a majority vote in a majority of congressional districts to take effect."

Note that this poll sampled November general election voters even though the proposed constitutional amendment would likely appear on the August primary ballot (should lawmakers actually pass the measure).

In the Senate race, Remington also finds GOP incumbent Josh Hawley outpacing the Democratic frontrunner, Marine veteran Lucas Kunce, 53-39. GOP Secretary of State Jay Ashcroft likewise holds a similar 53-36 advantage in a hypothetical race for governor against state House Minority Leader Crystal Quade, though both candidates face contested primaries this summer.

Prosecutors & Sheriffs

Cook County, IL State's Attorney: Attorney Clayton Harris has publicized an endorsement from Rep. Chuy Garcia, a high-profile progressive who is also one of the most prominent Latino politicians in the Chicago area, ahead of next week's Democratic primary.

Ad Roundup

Campaign Action

Special Counsel Robert Hur to testify publicly on findings from Biden classified records probe

Special Counsel Robert Hur is expected to testify on Capitol Hill on his findings following months of investigating President Biden's mishandling of classified records.

Hur will testify publicly at the House Judiciary Committee on Tuesday at 10 a.m. 

Hur, who released his report to the public in February, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office.

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods."

BIDEN RETAINED RECORDS RELATED TO UKRAINE, CHINA; COMER DEMANDS 'UNFETTERED ACCESS' AMID IMPEACHMENT INQUIRY

Hur did not recommend any charges against the president but did describe him as a "sympathetic, well-meaning elderly man with a poor memory" – a description that has raised significant concerns for Biden's 2024 re-election campaign.

Biden has blasted Hur since the release of his report, saying his "memory is fine" and that he is the "most qualified person in this country to be president."

Biden also fired back at Hur for suggesting he did not remember when his son Beau died.

"How dare he raise that?" Biden said at the time. "Frankly, when I was asked a question, I thought to myself, what's that any of your d--- business?"

SPECIAL COUNSEL CALLS BIDEN 'SYMPATHETIC, WELL-MEANING, ELDERLY MAN WITH A POOR MEMORY,' BRINGS NO CHARGES

"Let me tell you something... I swear, since the day he died, every single day... I wear the rosary he got from Our Lady –" Biden stopped, seemingly forgetting where the rosary was from.

In his report, Hur wrote: "He did not remember, even within several years, when his son Beau died."

But two sources familiar with the investigation said it was Biden who brought up Beau's death in the interview – not the special counsel. 

Meanwhile, House Judiciary Committee Chairman Jim Jordan, R-Ohio; House Oversight Committee Chairman James Comer, R-Ky.; and House Ways & Means Committee Chairman Jason Smith, R-Mo., have demanded the Justice Department turn over the transcript and any recordings of Biden’s interview. 

The three committee leaders are leading the impeachment inquiry against Biden. They subpoenaed the materials last month. 

The Justice Department has not turned over transcripts or audio recordings of Hur’s interview with the president despite the subpoena compelling their production by March 7, a House Judiciary spokesman said.

"We received a small production from DOJ, but not the transcripts or audio that we need and requested," a House Judiciary spokesman told Fox News on Friday. "Our staff has all necessary clearances to review the contents of the President’s interview, which dealt with materials found in unsecured areas like garages, closets and commercial office space. We are evaluating next steps."   

A spokesperson from the Justice Department said, "The Department has been in touch with the Committees and anticipated responding to their subpoenas today." 

In a response obtained and viewed by Fox News, the DOJ added: 

"We urge the Committee to join us in seeking to avoid conflict when there is, in fact, cooperation." 

"Given this record, we are disappointed that the Committee chose to serve a subpoena less than three weeks after Mr. Hur’s report was transmitted to Congress and only seven business days after the Department made clear it was working expeditiously to respond in good faith to congressional requests on this matter. This compressed time frame is not reasonable given the standard interagency review process the Department explained to the Committee." 

"Your subpoena is premature and unnecessary given the amount of information the Committee has already received and the Department’s proactive efforts to prepare for responding to congressional requests on this matter."

Comer told Fox News Digital after the report was released that he wants "unfettered access to these documents to determine if President Biden’s retention of sensitive materials were used to help the Bidens’ influence peddling."

Jordan, Comer and Smith are concerned that "Biden may have retained sensitive documents related to specific countries involving his family’s foreign business dealings."

ICYMI: The humiliation of Katie Britt, the return of George Santos

Trump's affection for dictators is at the heart of his plans for America. And Ukraine

Ukraine is the canary in the coal mine for democracy.

House GOP prepares to embarrass itself with more Biden impeachment nonsense

Jim Jordan’s running out of straws to grasp.

George Santos says he'll run for Congress again. Good luck getting on the ballot!

You can’t keep a good con* man down (*allegedly).

7 stories to know: Katie Britt, Christian nationalism, and the end of the GOP

Check out our new weekly series!

Cartoon: Time after time

Time (travel) will not be kind to America’s recent history.

The GOP is about to officially coalesce around a seditionist for president

“This is a movement premised on ending the government itself.”

There’s an app for Christian nationalists. Far-right politicians are embracing it

Unfortunately, there’s an app for that.

Katie Britt used decades-old rapes in Mexico as GOP attack on Biden border policy

This explodes the Alabama senator’s false, outrageous remarks.

Oh no! Yet another club for far-right Christian misogynists wants a ‘national divorce’

Why are there so many groups like this?

After dropping 6-day Senate bid, Rosendale drops 9-day House bid

Matt Rosendale: Montana’s biggest quitter?

'The families deserve more': Uvalde city report clears local officers of wrongdoing

“They chose their lives over the lives of children and teachers.”

Click here to see more cartoons.

Campaign Action

House GOP prepares to embarrass itself with more Biden impeachment nonsense

House Judiciary Committee Chair Jim Jordan has grasped at every straw in his quest to avenge Donald Trump and impeach President Joe Biden, including the one straw held out to him by an alleged Russian mole. That having blown up embarrassingly in his face, Jordan appears to be leading his committee into another fiasco.

Jordan’s latest effort is his investigation into just how old Biden is, with a hearing Tuesday. His star witness is special counsel Robert Hur, the Department of Justice official who investigated Biden’s handling of classified documents and found that no criminal charges were warranted. Hur did, however, throw in some gratuitous hits on Biden’s age in his report, which legal experts have called “a partisan hit job.”

Hur probably won’t deliver what Jordant wants, according to sources involved with preparing Hur’s testimony who spoke with the Wall Street Journal. Hur is “intent on turning down the political temperature surrounding his report,” the Journal reports, and to try to explain why he included the extraneous bits about Biden’s memory. Those details, Hur is expected to say, “were necessary to explain his team’s decision that charges weren’t justified.”

That’s problem No. 1 for Jordan. Problem No. 2 is that Biden himself blew the “Biden is too old” narrative clear out of the water with last week’s State of the Union address. Biden adeptly scrapped with Republican hecklers, forcefully laid out his agenda and earned news reports declaring him aggressive, energetic, fiery, feisty, and forceful. Biden’s speech didn’t just wow the pundits—it seems to have impressed voters. Public opinion soared in quick polls conducted after the speech.

That’s going to make arguing that this man is too doddery and feeble to be trusted with the nation’s security a little tough for Jordan and team. It also gives Democrats on the committee a chance to swing for the fences on Donald Trump’s fitness to lead, particularly his alleged classified documents crimes. 

Because what Republicans tended to ignore in Hur’s report was the part where he compared Trump’s and Biden’s handling of classified documents. Hur pointed out that “after being given multiple chances to return classified documents and avoid prosecution, Mr. Trump allegedly did the opposite,” and that Trump “not only refused to return the documents for many months, but he also obstructed justice by enlisting others to destroy evidence and then to lie about it.” 

On the other hand, Hur wrote, “Mr. Biden turned in classified documents to the National Archives and the Department of Justice, consented to the search of multiple locations including his homes, sat for a voluntary interview. and in other ways cooperated with the investigation.” You can be sure that the Democrats on the committee are going to be teasing out every detail of that comparison, putting Hur on the record against Trump. 

Thus Jordan’s star witness is shaping up to be a hostile one, the whole premise of the hearing has fallen apart, and he’s opening up the congressional record for more official testimony from a representative of the Department of Justice about Trump’s abuse of power. This might just be fun.

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Campaign Action

Biden Cabinet secretary announces retirement ahead of ‘crazy, silly’ election season

U.S. Department of Housing and Urban Development Secretary Marcia Fudge announced Monday that she is stepping down from her position.

"It's time to go home,’’ Fudge told USA Today, which reported that her last day is March 22. "I do believe strongly that I have done just about everything I could do at HUD for this administration as we go into this crazy, silly season of an election."

With her departure, Fudge will become only the second original Cabinet member to leave the Biden administration after Labor Secretary Marty Walsh stepped down last year.

"From her time as a mayor, to her years as a fierce advocate in the U.S. House of Representatives, Marcia’s vision, passion, and focus on increasing economic opportunity have been assets to our country," President Biden said in a statement Monday. "I’m grateful for all of her contributions toward a housing system that works for all Americans, and I wish her well in her next chapter."

MCCONNELL SAYS MAYORKAS IMPEACHMENT TRIAL IS THE ‘BEST WAY FORWARD’

Biden described Fudge as a "strong voice for expanding efforts to build generational wealth through homeownership and lowering costs and promoting fairness for America’s renters. 

"Under Marcia’s transformational leadership, we have worked hard to lower housing costs and increase supply. We’ve proposed the largest investment in affordable housing in U.S. history," Biden added. "We’ve taken steps to aggressively combat racial discrimination in housing by ensuring home appraisals are more fair and by strengthening programs to redress the negative impacts of redlining. Thanks to Secretary Fudge, we’ve helped first-time homebuyers, and we are working to cut the cost of renting. And there are more housing units under construction right now than at any time in the last 50 years."

Fudge, 71, served as a Democrat in the House of Representatives from 2008 to 2021, representing the 11th Congressional District of Ohio which includes the city of Cleveland. 

VP KAMALA HARRIS DODGES QUESTION WHETHER SHE WOULD DEBATE TRUMP RUNNING MATE

"She was a member of several Congressional Caucuses and past Chair of the Congressional Black Caucus," her biography on the U.S. Department of Housing and Urban Development website says, adding that in 1999, she "was elected the first female and first African American mayor of Warrensville Heights, Ohio, a position she held for two terms."

Fudge also was the director of Budget and Finance at the Cuyahoga County Prosecutor’s Office in Ohio.

"Don’t look for me to ever be on another ballot or another appointee or anything like that,’’ she told USA Today, noting that she wants to spend more time with her mother – who turns 93 next month – and relatives in Ohio. "I really do look forward to being a private citizen."

She also argued that affordable housing should be a key focus for both Democrats and Republicans.

‘‘It is not a red or blue issue,’’ she told USA Today. "Everybody knows that it is an issue so it’s not a one-sided issue. It’s an American issue.’’

Fox News' Peter Doocy and Kaitlin Sprague contributed to this report.

The Downballot: Far-right Republicans dominate Tuesday’s primaries (transcript)

We're recapping all of Tuesday's primary night action on this week's episode of "The Downballot""! Co-hosts David Nir and David Beard go coast-to-coast, setting the table in Texas' Senate race and picking apart the bloodbath in the state House. Then it's on to North Carolina, where GOP extremists dominated at all levels of the ballot—and where one notorious election fraudster is now on his way to Congress. We wrap with California, whose troublesome top-two primary system made its quirks felt in a whole bunch of races, from Senate on down.

Subscribe to "The Downballot" on Apple Podcasts to make sure you never miss a show.New episodes every Thursday morning!

This transcript has been lightly edited for clarity.

David Beard: Hello and welcome. I'm David Beard, contributing editor for Daily Kos Elections.

David Nir: And I'm David Nir, political director of Daily Kos. "The Downballot" is a weekly podcast dedicated to the many elections that take place below the presidency, from Senate to city council. Please subscribe to "The Downballot" on Apple Podcasts and leave us a five-star rating and review.

Beard: Primary season is upon us, and Tuesday was a big night.

Nir: It sure was. Super Tuesday's primaries, so many races, the two biggest states, California and Texas. We have a ton of elections to recap, so we are just going to dive right in.

Nir: Well, we had five states that conducted downballot primaries on Super Tuesday, and it is now game on in one of the biggest races in one of the biggest states. The Texas Senate race to hopefully unseat Ted Cruz is getting underway right away because Democratic Congressman Colin Allred kicked ass in his primary on Tuesday night.

Beard: Yeah, I don't think there was any question that he was going to come in first place, but the big question, obviously, in Texas was whether or not he would win over 50%, and if he didn't, he would be forced into a runoff obviously, and that would be additional months of primary campaign and all of that, but he got 59% of the primary vote, so he doesn't have to worry about a runoff and he can focus entirely on Ted Cruz between now and Election Day.

Nir: It really shows the power of TV advertising even in this day and age, especially in a primary. Allred far outspent his rivals on TV. He may have even been the only one who actually had enough money to run a serious TV ad campaign, but he totally crushed it. His nearest opponent got only 17% of the vote. And the other thing it demonstrated is just how strong a fundraiser Allred has been to date, but now I think his fundraising is going to get turbocharged because, as we saw with Beto O'Rourke in 2018, progressives love to hate Ted Cruz, with good reason.

He's one of the biggest scumbags that this country has ever sent to the United States Senate, and I am sure that Allred's fundraising has already been turbocharged just since Tuesday night. I think he's going to put together a really big first quarter and hopefully put this race on the map. And he'll really need to because given how much defense Democrats are playing and how expensive and big Texas is, Allred is going to need O'Rourke-level fundraising, or something in that realm, to convince Democrats, "Yeah, we actually have a shot here." And I think it's plausible.

Beard: Yeah, back in 2018, I don't remember if any national money ever came in towards the end, but really, from the beginning, the idea was O'Rourke needed to raise this amount of money to be able to go and do the campaign himself, without relying on the DSCC or any other groups to come in with multimillion-dollar ad buys, because Texas is so big that the investment is so great for a national group to really go into Texas. So O'Rourke did that. He raised the money to make this a competitive race, as we saw in 2018. He only lost by about 3 points. Allred, I think, has the ability to raise similar sums of money. Like you said, obviously, Cruz is an amazing figure to raise money against because he's so odious.

The other observation I wanted to make is I think, beyond the money, which obviously not discounting that at all, Allred was able to consolidate a ton of establishment support, and I think that's something that still matters, particularly in Democratic primaries. Obviously, we'll talk about some messy Republican primaries later on in the show, and really, it seems like sometimes the only thing that matters in Republican primaries is Trump. But in Democratic sides, he consolidated a lot of labor support, other groups, and was able to, I think, signal to Democratic voters that this was sort of the establishment Democratic candidate in a positive way. And I think a lot of Democratic primary voters still want that. They want somebody they can all get behind.

Nir: Yeah, you might even say that Democratic primary politics are still normal. They still function the way that you imagine that they should, the way that the poli-sci 101 textbook might claim that they do, and that's a healthy sign for democracy because voters can't spend all their time focusing on elections like we do. We're obviously crazy people. And you need to take clues in primaries from sources that you trust and that still works on the Democratic side.

Now, of course, you might argue on the Republican side, while Trump is the ultimate source they trust, but it's a total mess, though, when you have these GOP primaries with half a dozen candidates and all of them are claiming that they're Trump's guy, whether or not Trump has actually endorsed someone. So yeah, I think that we have a better signaling apparatus in Democratic primaries that has all but broken down on the GOP side, and that's a good thing for us.

Beard: Yeah, absolutely. And I think we see that pretty consistently over on the Democratic side.

Nir: So we're going to bounce down to some House races. In Texas's 18th Congressional District, Congresswoman Sheila Jackson Lee bounced back from a very bad defeat in the race for mayor of Houston last year. She had a very stiff challenge from former City Councilwoman Amanda Edwards, who, in fact, was at one point a Jackson Lee intern, but the incumbent defeated Edwards 60 to 37, so she will earn another term. This is a safely blue seat. Edwards, though, I think acquitted herself well, and I would not be surprised to see her run again, especially if and when Jackson Lee does eventually decide to retire.

Beard: Yeah, I think this shows nothing more so than the power of incumbency. Obviously, Jackson Lee was not in a great spot, you would think, coming off a really bad mayoral loss and then filing just before the filing deadline because that was how the timing worked out. And Jackson Lee had obviously spent a lot of money on this mayoral race, didn't necessarily have the funds that she would've normally had for something like this, but she had been a congresswoman there for a long time, and that counts for a lot, obviously—a pretty comfortable win. But I do think that Edwards' showing is not embarrassing by any means, 37%, and I think she, as you said, put herself in a reasonable position for a future run in the area.

Now, incumbency doesn't always count for that much, as we're seeing on the Republican side over on the other side of the state, in Texas 23, which is part of El Paso and Southwest Texas, Rep. Tony Gonzales, a Republican, was forced into a runoff. He only got 45% against a number of challengers. The second-place candidate is YouTuber, Brandon Herrera, who's basically known for being a huge gun-rights activist and social media person. So apparently, the Republicans out in Southwest Texas are very interested in that, and I'm not happy with Tony Gonzales for some of the votes he's taken recently.

Nir: Yeah, Gonzales has expressed openness to gun-safety regulations. The Uvalde school massacre happened in his district, so of course, the idea of trying to protect children from being murdered—and I can't believe that I have to say that—is disgusting to Republicans, and therefore, they're punishing Gonzales. I have to say, I really have no idea how this runoff will play out. You think he's at 45%, that's pretty close to 50%, but the runoff is quite a while from now, it's at the end of May, and turnout is going to be much, much lower. And you'd think in an election like that that an insurgent outsider might actually have the chance to screw over an incumbent.

Then there's the question of who is going to come to play, if anyone, in this race. Will Establishment Republicans Group show up for Tony Gonzales? Republicans gerrymandered this district. It used to be very competitive, a real tossup seat. Now it leans quite Republican, but maybe it would be at risk of flipping if they go with Herrera instead of Gonzales. So maybe the Congressional Leadership Fund is going to get nervous here. It's going to be interesting, but really, I have to say, it sickens me, the reason that Gonzales is facing this runoff in the first place, not that I feel bad for him. I just feel disgusted by the Republican Party.

Beard: Yeah, absolutely. Now, there's about 30% of the electorate who didn't vote for Gonzales or Herrera, and obviously, Gonzales only needs about 5 out of that 30% to get to the 50% mark. Of course, turnout will also be different in the runoff election, but the problem is that all of those voters went and voted for a candidate who wasn't the incumbent. So it may be harder than you think to get that 5% because a lot of these people, they all know who Tony Gonzales is, he's their representative. They went and they voted against him. So he’s got to convince some of them, "Hey, maybe you voted for one of these lesser candidates, but I'm better than Herrera." So it's something that's doable, and I'm sure he'll have plenty of money, but by no means do I think he's safe.

Nir: Speaking of incumbents getting thwacked, it was an absolute bloodbath in the Texas state House on Tuesday night. And I feel we need to lay a little bit of groundwork here, but basically, you had three major Republican figures—Donald Trump, Gov. Greg Abbott, and Attorney General Ken Paxton—going after different sets of incumbents in the state House for different reasons. Now, for Paxton, he's been embarked on this revenge tour because the state House Republicans impeached him last year, though he was ultimately acquitted by the state Senate for corruption. So he was targeting all of the incumbent Republicans in the state House who wanted to take him down.

Abbott's motivation, quite different. He basically wants to allow taxpayer money to be used to pay for private schools. They like to dress this up by calling it a voucher, but that's exactly what this is. And his voucher plan has run into serious obstacles in the state legislature. So he went after anti-voucher Republicans. And then there's Donald Trump. I actually think that Trump maybe played perhaps the smallest role of the three. You never know what Trump's motivations are, except pure rage and loyalty. But in any event, those three guys went after a whole bunch of different Republicans, including the state House speaker, and a whole lot of them lost, and a whole bunch more are getting forced into runoffs.

Beard: Yeah, so Speaker Dade Phelan, he's been forced into a runoff. He's got a very well-funded challenger, David Covey. He's actually trailing in this first round, 46 to 43, so he's got a lot to make up as the incumbent here to get to 50% in that runoff. So he's in a very difficult position. There's six Texas House Republicans who were opposed by Abbott, where Abbott endorsed their opponents, who lost outright, and another four were forced into runoff. So, like we said, being an incumbent that's forced into a runoff, that can be a difficult position.

Not that you can't win, particularly if you're close to 50, but it's really tough. There were also some other races where there were some strange alliances, where Abbott sided with some of the incumbents who had voted to impeach Paxton. So Paxton had endorsed some of the challengers. So it gets a little messy in there, but there was some clear evidence that Abbott and Paxton's advocacy for these more extreme Republicans was working and was bringing in a more hard-right turn to the Texas House.

Nir: Yeah, several other Paxton targets also lost, though the Texas Tribune, interestingly, they looked at the subset of races where Abbott and Paxton were on opposite sides, and Abbott got the better of Paxton, for sure. I think that Abbott's side won about half of them. There were, I think, around eight, and Paxton won one and the rest are going to runoffs. But no matter what, Beard, like you were saying, a crazier, more disturbing brand of Republican is going to be taking office in January of next year.

And it's really remarkable to think about. This is a state that Donald Trump won by 6 points, and the Republicans in leadership there are as bug-nuts crazy as the Republicans in Idaho. And you really got to wonder if at some point they're going to pay a price. Democrats have been hoping and praying and dreaming and fantasizing that that day will come, basically, every two years. And I don't necessarily know that 2024 is going to be different, but, man, either the dam is going to burst or Republicans will have essentially managed to do away with democracy before it happens.

Beard: So the state House is currently 86 Republicans to 64 Democrats, so Democrats need to pick up 11 seats to force a tie in the state House. I haven't looked, and I don't know if anybody's been able to look. Obviously, there's a lot of runoffs still to happen. How many of these incumbent losses are in seats that could potentially be competitive? I know at least a couple are in Trump +1, Trump +2 districts.

So it's very possible that this turns into some districts that were held by incumbent Republicans ended up being very competitive races that Democrats could potentially pick off. Whether that gets them anywhere close to the 75 number, who knows. But one of the problems Republicans may have is if Democrats do pick up seats, this whole idea to have this more conservative Texas House, if you defeat some Republicans but then half of them turn into Democrats, you maybe have not actually made that much progress into getting your majority of crazy Republicans if Democrats are able to succeed.

Nir: Well, I really hope you're right. There's one other piece of this Ken Paxton jihad that we need to mention before we move on to the other states on the docket. Voters also voted out three Republican judges on the Texas Court of Criminal Appeals. Texas actually has two state Supreme Courts. It's one of only two states that do. The other is Oklahoma. Civil cases get appealed to the state Supreme Court, but criminal cases get appealed to the Texas Court of Criminal Appeals. And this court had previously crossed Paxton.

It had said that the attorney general's office didn't have the power to unilaterally prosecute voter fraud, that he had to have the assent of local prosecutors, and these three judges who lost primaries had all ruled against Paxton in that case. But I almost wonder if there's another angle here, which is that Paxton is finally going on trial next month for a securities fraud indictment. He was indicted in 2015. It's absolutely astonishing. It has taken nine years for this case to come to trial. It's absolutely ridiculous. I could easily believe that Paxton is trying to line the bench and the state House with allies so that if he is convicted, that he has powerful people willing to do his bidding to get him off the hook.

Beard: Absolutely. I don't think you're going to find much better examples in the country of why judges should not be elected and should certainly not be elected in partisan primaries like this. Obviously, Ken Paxton has these criminal cases against him, and the idea that he can go and advocate and make a big difference in the election of the judges who will hear the appeals of his criminal case and get three of them defeated, even if it's about the voter fraud case, is what he claims, but the idea that Ken Paxton has affected who is on this court who is going to rule on his case is wild and is so inappropriate that it's really unbelievable.

Nir: Well, Beard, we could bang our heads against the wall ranting about Texas Republicans for many, many hours, but I think we need to change gears and bang our heads against the wall about North Carolina Republicans.

Beard: Yes, my favorite pastime. So North Carolina was another state that had its primaries. It has a governor's race, of course, this year, probably the most important governor's race in the nation, but we had a pretty good idea of who the nominees were going to be on the Democratic side, Attorney General Josh Stein, and on the Republican side, Lieutenant Gov. Mark Robinson. They had been the favorites since they declared, and they easily advanced, both comfortably over 50% against opposition.

Robinson, of course, is a crazy person, for lack of a better term. He's embraced countless conspiracy theories. He's denied Joe Biden's victory, of course. He's got a list of shockingly offensive statements targeting Jews, Muslims, women, the LGBTQ community, the civil rights movement. It's just like a whole load of craziness for years and years, and the Republican primary voters in North Carolina just eat it up. And meanwhile, Josh Stein is just your pretty conventional attorney general Democrat who wants to run a competent government.

Nir: We talk about Looney Tunes Republicans all the time, and some are nuttier than others, and sometimes you just get this one perfect quote that really encapsulates just what a freakazoid these guys are. Robinson posted on Facebook a number of years ago, and this post is still up by the way, he said, "I don't believe the moon landing was faked, and I don't believe 9/11 was an inside job, but if I found both were true, I wouldn't be surprised." He is like moon-landing-truther curious, and he is now the GOP's nominee in one of the biggest swing states in the nation.

Beard: And I do think, obviously, he's the lieutenant governor, he won an election, but from North Carolina, I know a lot of these Council of State races, we call all of these statewide offices below the governor “Council of State,” like lieutenant governor, attorney general, secretary of state, et cetera. They don't get a lot of attention, particularly. They're elected in a presidential year, so you've got the presidential race, you've got the governor's race, which gets a ton of attention, maybe federal races, but these Council of State races, they don't get a ton of attention.

So the fact that he won in 2020, it's not the same degree of attention that he's going to receive as a major-party nominee for governor. So I think he's going to be in for a rude awakening for how this campaign is going to go. Obviously, I'm very hopeful that Stein just kicks his butt the way we saw [Josh] Shapiro kick [Doug] Mastriano's butt in Pennsylvania in 2022—just a good candidate going up against a crazy person, and just wiping the floor with them. That would be incredible. I think North Carolina's not as movable in terms of big swings as Pennsylvania might be, so I don't expect that much of a blowout, but hopefully, Stein can get a good victory here.

Nir: I want to pick up on something you mentioned. It's instructive that you mentioned Shapiro because Stein, like Shapiro, is Jewish and he would be North Carolina's first Jewish governor. Robinson would be the state's first Black governor. Robinson is a total antisemite. He has approvingly quoted Adolf Hitler, and at this time of rising antisemitism, I really am scared to see where his mouth takes him in this election.

But I am also hopeful that if he does once again step in it on this front, that he really pays a price because it's one thing to spout off this antisemitic bullshit just into the ether, but it's quite another when you are going up against a high-profile Jewish opponent. And really, North Carolina Republicans are going to finally find out whether there is a price to pay for extremism. They always behave as though North Carolina is a dark-red, R+20 state, and we know it's not, and this is going to be the true test.

Beard: And talking about those Council of State races, the governor's race is not the only place where Republicans have nominated crazy folks. So Republicans actually have the Office of Superintendent of Public Instruction, which is one of the Council of State offices. Catherine Truitt is the incumbent Republican, but she lost her primary in a 52-48 upset to homeschooler Michele Morrow, who was at the Capitol on Jan. 6th, has attacked public schools—the thing that she would be in charge of, as, quote, “indoctrination centers.”

So clearly decided, "Hey, we don't need a public school teacher," which Truitt is a former public school teacher, "to be in charge of the public schools, even if she's a Republican. We need someone further to the right, somebody who hates public schools, to be in charge of them." And then pro-MAGA attorney Luke Farley won the GOP primary for the Labor Commissioner's office against the state rep. who was the party-establishment choice. So as we've seen with Republican primary voters, they love to go with the far-right crazies.

Nir: Yeah, the GOP slate, from top to bottom in North Carolina this year, is going to be completely freaking wild. And we also have to mention the attorney general's race. This is a super important post. This is the job that Josh Stein currently holds. Republicans nominated far-right extremist Dan Bishop, congressman. He didn't have any opposition to the primary. He was the author of the notorious H.B. 2. This is the infamous, quote-unquote, “bathroom bill” that led to the GOP losing the governor's race, unquestionably, in 2016. Roy Cooper ousting Pat McCrory. And he's going to go up against Democratic Congressman Jeff Jackson, who was gerrymandered out of his seat last year by Republicans. Jackson won his primary, and this is a good story, I'm sure he didn't enjoy dealing with this, but Republicans tried to rat-fuck that primary. They spent more than a million dollars to promote his main opponent, thinking that she would be easier to defeat in the general election.

Well, Jackson prevailed 55 to 33, and it really just goes to show you, well, a couple of things. First off, it's awesome that the GOP wasted a million bucks on this, but second, I just think that Democrats have a much better understanding of what it is that makes GOP primary voters tick than the reverse. And when Republicans try to meddle in Democratic primaries, it's really hard to think of examples when it works. And just simply trying to push the supposedly, quote-unquote, “more progressive” option was not really going to be the answer—kind of like what we were saying earlier, Beard, about how establishment signals still matter so much in Democratic primaries—and it was very clear that Jackson was the guy. And yeah, I just think that Democrats are always going to have greater success elevating MAGA nuts in GOP primaries than the other way around.

Beard: And I don't want to come off too insulting to Republican primary voters, but literally, usually, what Democrats do is just say, "Crazy person is too conservative for a location." And it just perks everyone up in the Republican Party. They're like, "You think he's too conservative? That's right up my alley. He is too conservative, you think? I'm going to vote for that guy!" It's not hard.

Nir: It's funny that you mention that because Democrats at least go through the motion of those fake attacks: "too close to Trump, loves the Second Amendment too much." But when Republicans try to pull this same kind of stunt, it's almost like they're running positive ads in favor of these candidates. I don't know why that maybe fig leaf of fake attacks by Democrats just feels a little bit more upright to me, as opposed to Republicans pretending to be all in for these lefty Dems.

Beard: Yeah, the reality is you can't just run an ad saying, "Democratic candidate is too progressive for this area," and have a bunch of Democrats be like, "Oh, let's go vote for that person." That's not how Democratic primary voters think. Sometimes they may vote for the more progressive candidate, but it's usually going to be about issues and it's going to be like, "Do we think this person is a good candidate who can win?" There just tends to be a lot more that goes into it.

Nir: That's really, really funny. That's such a good point because imagine if you had a Republican ad saying, "So-and-so is too liberal for North Carolina." Your median Democratic primary voter might sit back and think, "Oh wow, wait, hold on. What if they're too liberal? I should vote for the other candidate because we got to beat the Republicans."

Beard: Yeah, absolutely.

Nir: So we're going to switch gears a little bit to talk about one of the worst of the worst Republicans, but not just because he's a far-right loony, but because he tried to steal an election, or at least his top consultant did. Mark Harris, you'll recall from 2018, had his election results thrown out after one of his consultants orchestrated a massive scheme to interfere with absentee ballots in that race. Well, somehow he won his primary on Tuesday night, just barely. In North Carolina, you only need to clear 30% to avoid a runoff, and Mark Harris won 30.4% in the open 8th Congressional District. This is the seat that Dan Bishop has left open to run for attorney general.

A bunch of conservative billionaires actually spent seven figures to try to stop Harris. It's not exactly clear why they didn't like him, except for the fact that maybe they just think that election thieves shouldn't be in Congress. No, no, no, no, no, I'm not giving—

Beard: Too much credit.

Nir: —GOP billionaires way too much credit. But here's the thing now, because of Republican gerrymandering, this is a very solidly Republican seat and Harris's Democratic opponent, I was just looking up after the primary, hasn't reported raising any money. So this guy is almost certainly going to wind up in Congress now after he couldn't get to Congress because state officials threw out his election entirely and held a new election. I'm just absolutely gobsmacked.

Beard: Yeah, I guess there's nothing Republican voters like more than a candidate who screams about having the election stolen from them when they were the ones actually trying to steal an election. It fits a little too well almost. But I do think it really goes to show that the 30% margin for a runoff is pretty strange. North Carolina went to this a few years ago. It used to be 40%. A long time ago, it was 50%, but when I was growing up, it was 40%, and that at least had some logic to it.

There are other countries that use a runoff system that use 40% under sort of the idea that if a candidate surpasses 40%, they've at least got a healthy percentage of the voters behind them, so you don't need to necessarily go to a runoff. But 30% is so low. I'm like, "Why bother? Why have it at all? Because he got 30.4% of the vote, and that's sending him onto Congress.” So that threshold is very odd to me, but I guess he's going to be a congressman. I don't know.

Nir: Yeah, I think, though that threshold suggests to me that in a one-on-one race, he could be in a heap of trouble, especially against a well-funded opponent. The wild thing though, Beard, is that there are two other Republican primaries for open congressional seats that are going to runoffs where no candidate managed to get 30% of the vote. That's really strange. And also, the GOP race for lieutenant governor, same thing. No candidate even got 20% of the vote in that race. So I'd be like, "Are Republicans just going to keep lowering the primary runoff threshold? At 15%?" You know what? You could either get rid of it, or have instant-runoff voting. This is getting silly.

Beard: Yeah, there are plenty of states that just don't have a runoff, and that's not a perfect system either, obviously. Sometimes someone can win in a primary election with a very low percentage of the vote, but this system is just weird. So that's enough talking about North Carolina. We do have a few other states to talk about. So we're going to go to Alabama, where, obviously, the interesting races were as a result of the redistricting where Alabama 2 is now a second seat that is likely to send a Democrat to Congress. So that's now open because the Republican who represented it moved to the redistricted Alabama 1, resulting in an incumbent-on-incumbent matchup that was Rep. Barry Moore and Rep. Jerry Carl. So they faced each other in the Republican primary on Tuesday night, and Moore, from the old Alabama 2, actually narrowly defeated Carl, 51.5% to 48.5%. Moore, of course, is the more crazier Freedom Caucus guy.

So I guess it's no surprise that he ended up winning, even though he represented a smaller percentage of the new district than Carl did. And you can really see it on the map. The counties around Mobile where Carl was the representative went really heavily for Carl, while the counties on the eastern side went really heavily for Moore. And given the proportions, you would calculate it out to think that, "Oh, if this portion went heavy for Carl and this portion went heavy for Moore, Carl should actually be ahead in the end." But Moore was able to goose up his margins in his area and cut into Carl's margins just enough that he was able to pull it out. And I think him being the more conservative Freedom Caucus member is probably a big reason why he was able to pull it out when you would've probably thought Carl was the favorite.

And then just north of Alabama 1, of course, is the new Alabama 2, which, like I mentioned, is going to be sending, hopefully, a Democrat to Congress. There, we're going to runoff. There were a bunch of Democratic candidates. The leading candidate is Shomari Figures. He got 43.5% of the vote. And then in second place is state Rep. Anthony Daniels. He got 22.4% of the vote. So he's got a lot to make up if he's going to be able to catch Figures in the runoff and try to win this primary. He's going to really need to consolidate the voters who didn't vote for Figures in the first round.

Nir: The last state on the list on today's episode of "The Downballot" is the biggest one of them all, California. Before we get into it, Beard, we have to emphasize, it is so important to emphasize, California takes a long time to count its votes. If you see hot takes, even medium takes, even lukewarm takes, about what California's vote means over the next two weeks, it is too early. It will take at least that long for almost all the votes to get tallied. And you're going to see some ridiculous crap out there trying to add up the total D vote versus the total R vote in key districts or key races. But there's a very good chance that if you see Republicans leading in a particular race, things might balance out over the next couple of weeks. Now, they may not. There have been elections in the past where Republicans retain their edge or even increase their edge, generally speaking, after California's top-two primary.

But more often than not, Democrats have tended to perform better in large part because more liberal voters tend to wait until later to turn in their ballots. It's a strange phenomenon. Seems that young people are more in the habit of waiting to the last minute, and young people tend to lean further to the left. So I would not be at all surprised if we see a very different picture a couple of weeks from now. And also to that point, most races haven't been called yet. The races that we're looking at for the most part remain uncalled, either both slots in the top-two primary or the second slot. Though we do have one very big call in the very biggest race.

Beard: And California Senate, which was a race that had been sort of set up as this titanic struggle between a number of well-known Democrats for this open Senate seat in California, sort of petered out in the end. Rep. Adam Schiff had a big money advantage. He basically had the lead for the first slot in the top-two runoff for the entire time. He has placed first with the votes counted so far, with 33% of the vote. The question was, of course, "Was there going to be a second Democrat in this runoff, which would lead to a lot of Democrat-on-Democrat ads and money being spent?" But that didn't end up happening.

Republican Steve Garvey, who Adam Schiff spent a lot of time and money trying to drag into the runoff along with him, did so. Garvey is just behind Schiff in the current vote count. He's got 32% of the vote, so he's going to advance. He's almost certainly going to lose in November. It's California in a D-vs.-R statewide race. Schiff is probably going to wipe the floor with Garvey. And the other Democratic representatives who ran fell quite a ways behind. Katie Porter currently has 14%. Barbara Lee currently has 7%. Obviously, those figures may change as more vote comes in, but clearly, Schiff and Garvey are way far ahead and are going to be the ones to advance.

Nir: There are a few layers to this race. To me, I find it sad and disappointing that Porter and Lee are ending their congressional careers this way, especially Lee who is quite a bit older. This is almost certainly going to be the last race she'll ever run. Porter potentially could come back in some way, shape, or form. And it was very hard from the very beginning of this race to understand what their path to one of the top two slots ever was. Schiff just had incredible profile. And leading Trump's impeachment was an extraordinary thing to have on his résumé, and he was always going to have that plus more money. And those are really, really difficult things to overcome. And in the end, things played out, I think, pretty much exactly as we thought from early on in the race. But there may be a silver lining here.

There were a lot of people understandably upset with Adam Schiff for trying to ensure that Garvey would be his opponent. I wasn't one of them. We've said how much we despise the top-two system. Schiff was just playing by the rules that exist. But had there been, let's say, a race between Schiff and Porter, that would've been an expensive battle, unpredictable, and a ton of resources would've gone to that race. Instead now, look, Schiff will still raise a lot of money, but no one has to worry about the outcome here. Schiff is definitely going to beat Garvey. So some amount of money, some amount of attention and resources that would have gone to California, now hopefully can be spread around to other races elsewhere in the country.

Beard: Yeah, I guarantee you the DSCC and the DCCC are on the phone with Adam Schiff being like, "Hey, buddy, some of that money that you have that you're not going to need anymore, let's spread it across to some Democrats who really need it in some very competitive races."

Nir: Beard, I'm curious for your take on something. Some folks have said that turnout could be higher among Democratic voters in an all-D Senate race, which could potentially affect races further down the ballot, particularly House races. There are obviously several targeted GOP-held House seats that Democrats are hoping to flip. I'm a bit skeptical of that because this wouldn't have been the first time that we saw a D-on-D race. In fact, there was one in 2018 for the last time that Dianne Feinstein ran when she ran against Kevin de León. Maybe we might mention him again at the end of the show. And Democrats, of course, flipped a ton of seats in 2018. So I'm a little skeptical of that take, but maybe that was a wave year. Maybe it's a little different in 2024. I don't know. What do you think?

Beard: I'm pretty skeptical about anything downballot affecting turnout in a presidential year. I think the presidential race dominates so much, and so many people go out and vote. Turnout is much higher in a presidential year than in any other year, including in states that are not competitive. This is not just a swing-state phenomenon where turnout is high in Michigan and North Carolina and Arizona, or something. Millions and millions of people who only vote in presidential years in New York and California and Nebraska go out and vote because it's voting for president. It's the one that everybody knows.

So I would be pretty surprised if two Democratic campaigns in the Senate race would do a lot of turnout, particularly because they would be primarily focused on persuasion. I would think a Democrat-on-Democratic campaign is not going to try to out-turnout voters because it's going to be hard to know who your voters are, because it's not a traditional D-vs.-R race. So you have to focus more on persuasion because you have no guarantee like, "Oh, this group of people are our supporters. We just have to get them to vote." How do you know that if you have this theoretical Porter-Schiff race? Who are the Porter voters you need to turn out? You're not going to know, so you're going to have to focus on persuasion. So I don't really buy that argument.

Nir: Fair.

Beard: Now, we have a couple of congressional races that we're going to talk about. Things have not been called in these races, so of course, more vote is going to come in and things may change, but we just want to highlight them because they are the ones that matter in terms of top-two, and Democrats, in particular, are not getting locked out of the top-two runoff. Now, California's 22nd District is a district that we've talked about before, where there was concerns here. The Democrats’ favored candidate—former Assemblyman Rudy Salas ran in 2022—narrowly lost to the GOP incumbent Rep. David Valadao. So he was running for a rematch, but there was another Democratic elected official in the race. So there was some concern that he may get locked out by Valadao and Valadao's primary opponent who's a further right-wing guy. But at least in the initial vote, it looks like Salas is going to be okay.

Valadao is leading the current vote, with about 34%, Salas has 28%, the third-place candidate—that far-right Republican—has 22%. So barring something pretty unexpected in terms of the late vote, I think Salas should be good to advance and face Valadao in what should be a very, very competitive race. The other race that I want to flag at the congressional level is one that nobody really had any sort of eye on, and that was an open seat—California's 31st District. And this race had two main Republicans and a ton of Democrats. It had six Democrats. But it's a safely Democratic seat. The seat is not competitive by any means, but because of this top-two system, and because of the number of Democrats running in this open seat, which you often see, we've talked about North Carolina lieutenant governor's race and how nobody got 20% because there were so many Republican candidates running in the primary.

So just like here, there are so many Democrats running in the primary that there is a real risk that Democrats could have—and even could still be—locked out of this safely Democratic seat. Gil Cisneros, who is a former representative who lost and is back to reclaim a different seat than the one that he once had, he's leading narrowly. He's got, as of recording, 21.35% of the vote. So he's just over 21%. But the next two slots are the two Republicans who ran, and they have 21% of the vote and 19% of the vote. So Cisneros is only about 2.5% above the third-place candidate, who does not advance to the runoff. So you could imagine just a slightly different situation here where one of the other Democrats did a little bit better and Cisneros did a little bit worse, and he's down here, 18.5% instead of 21% and there are two Republicans advancing in a safe Democratic district.

Now, again, there are lots and lots of votes to count. The hope, obviously, is that there are more Democratic than Republican votes out there, and Cisneros will comfortably pad his lead a little bit. But this just goes to show how risky the top-two system is when a safely Democratic seat could conceivably had two Republicans advance to the top-two runoff.

Nir: This is just a coincidence, but the very first time that a top-two lockout reared its head, and it was super unexpected, was in 2012, which was the first year that California used this new top-two system, and Democrats wound up not advancing to the November general election for a very winnable congressional district. And ironically, that district was also numbered California's 31st.

Beard: Oh, wow.

Nir: Yeah. Now, those two districts have nothing in common. They do not overlap at all geographically. They just happen to share the same district number. California tends to pretty dramatically renumber its districts every 10 years, following redistricting. That was a really painful race. I certainly hope we don't have a repeat of that now, but the leading Democrat who wound up getting locked out of that race, he won two years later, and that's Pete Aguilar. And that's actually not a bad pedigree, because now he's one of the top Democrats in the House. So I'm not saying that Gil Cisneros, if he'll get locked out in 2024, he'll come back in 2026 and then he'll jump to the top ranks of leadership. We obviously don't want any kind of disaster like that. It really is just a coincidence that these two districts share a number. But my point is we have been dealing with this problem for a freaking long time, and it sucks, and it has to end.

Beard: Yeah. Just imagine Pete Aguilar with another two years of experience in Congress. That's what we lost. But yeah, we'll obviously continue to track these California races, and once we've got a fuller vote, we can have a better analysis of the primary results.

Nir: There are a ton more races we could have talked about. We have to wrap up this segment now. Like we've said, it'll still be a while before we know the final answers in a lot of these California races. So follow us at Daily Kos Elections, sign up for our newsletter, dailykos.com/morningdigest. We will be covering every single race call as it happens, and I'm sure we'll be talking about the late-called races in coming episodes. And then in a couple of weeks, we have two more states with big primaries. Illinois and Ohio are on the docket, so we're going to be discussing plenty more primaries in the weeks ahead.

Beard: That's all from us this week. "The Downballot" comes out every Thursday everywhere you listen to podcasts. You can reach out to us by emailing thedownballot@dailykos.com. If you haven't already, please subscribe to "The Downballot" on Apple Podcasts and leave us a five-star rating and review. Thanks to our editor, Drew Roderick, and we'll be back next week with a new episode.

Senate Dems, Republicans clash over federal IVF protections: ‘They’re covering their a—s’

Senate Republicans pointed to Alabama's recent law to protect in vitro fertilization (IVF) providers from civil and criminal liability as proof of states' capacity to self-correct and the reason Democrat-led federal legislation to protect the fertility procedure isn't necessary.

"Basically every state I know of supports IVF," said Sen. Bill Cassidy, R-La., a doctor.

Other Republican senators who spoke to Fox News Digital agreed.

Following a controversial decision by Alabama's Supreme Court ruling frozen embryos were legally children, the state's legislature quickly sprung into action to protect IVF. Several clinics conducting IVF shut down their procedures after the court's decision, but once the state passed a law releasing them from liability, some of the centers began to reopen. 

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Cassidy cited Alabama's fast legislative work in his explanation against federal legislation on IVF. 

"Once you get the federal government involved, it's going to open the door to some mischief that goes far beyond what you originally wanted to," he said. 

"The issue that brought this debate was happening in Alabama, and they've dealt with it in legislation," added Sen. Marco Rubio, R-Fla. 

According to Rubio, a larger conversation is necessary "about what's right and appropriate and legal and protected when it comes to discarding the extra human embryos that are not going to be used."

"It's legal in all 50 states," said Sen. Rick Scott, R-Fla., who introduced a resolution this week affirming support for IVF. 

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Scott's resolution expresses support for IVF and families looking to expand but doesn't carry the weight of a bill or make changes to the law. 

Sen. Tammy Duckworth, D-Ill., who spearheaded a bill to enshrine protections for IVF into law, slammed the resolution.

"They're covering their a---s," Duckworth said of her Republican colleagues. "That's what they're trying to do. A resolution doesn't do anything." 

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Duckworth attempted to force a vote last week on her IVF bill, asking for unanimous consent to move it to the floor. However, Sen. Cindy Hyde-Smith, R-Miss., objected to it. 

Duckworth said Republicans had not been approaching her to negotiate a potential bipartisan measure either. 

And its unclear whether Democrats would be willing to make concessions to work with their Republican colleagues on a bill. 

"The Duckworth bill is a perfect bill," said Sen. Tim Kaine, D-Va. "Her bill is just a person has a right to access IVF, and a provider has a right to provide IVF. It's not a mandate. It just protects the patient, protects the provider."

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Scott notably didn't rule out legislation to protect the procedure in the future. 

"I think we're gonna do everything we can to make sure it continues to be legal," he said. 

Other Republicans similarly left the door open. 

A federal bill to protect the fertility procedure is "certainly a discussion we can have, but at this point it's protected in every state," said Sen. Ted Cruz, R-Texas. 

"If it ever became an issue, I would consider it," added Sen. Mitt Romney, R-Utah. "But there's not a state in the country that does not protect IVF."

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According to Romney, it doesn't require "federal addressing at this stage."

"If there was a point there needed to be federal action on it, I would definitely be supportive," agreed Sen. Markwayne Mullin, R-Okla. 

"I believe that way Alabama handled it was good."

A number of Democratic senators were critical of their GOP colleagues' claims federal protections aren't needed now. 

"I think that's wrong," claimed Sen. Tina Smith, D-Minn. "Absolutely, we need to protect people's capacity to access" IVF. 

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Sen. Elizabeth Warren, D-Mass., expressed skepticism over Alabama's new law, telling Fox News Digital legal scholars believe "it raises as many questions as it answers."

"Without the protection of Roe v. Wade, the states can do what the Alabama court did and effectively end IVF in the state," she warned. 

According to Warren, if congressional Republicans were "truly committed to protecting IVF," they would be in favor of a bill to do so federally. "But, so far, they are not." 

Justice Department does not turn over Hur-Biden interview transcript despite House subpoena

The Justice Department has not turned over transcripts or audio recordings of Special Counsel Robert Hur’s interview with President Biden despite a subpoena requesting that they were to be provided by Thursday, March 7, the House Judiciary Committee says. 

The development comes after Republicans leading an impeachment inquiry into the President’s mishandling of classified documents wrote a letter to Attorney General Merrick Garland in February notifying him of the subpoena. 

"We received a small production from DOJ but not the transcripts or audio that we need and requested," House Judiciary Committee spokesman Russel Dye told Fox News on Friday. "Our staff has all necessary clearances to review the contents of the President’s interview, which dealt with materials found in unsecured areas like garages, closets and commercial office space.  We are evaluating next steps."   

A source familiar with the subpoena told Fox News late last month that the deadline to hand over the materials was March 7 at 9 a.m. ET.   

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A spokesperson from the Justice Department then said Thursday that "The Department has been in touch with the Committees and anticipated responding to their subpoenas today." 

In the letter sent to Garland in February, which was signed by House Oversight Committee Chair James Comer and House Judiciary Committee Chair Jim Jordan, they wrote that their committees, "in coordination with the Ways and Means Committee, are investigating whether sufficient grounds exist to draft articles of impeachment against President Biden for consideration by the full House."   

"The Committees are concerned that President Biden may have retained sensitive documents related to specific countries involving his family's foreign business dealings," they added. 

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Hur, who released his report on the matter to the public in February after months of investigating, did not recommend criminal charges against Biden for mishandling and retaining classified documents and stated that he wouldn't bring charges against Biden even if he were not in the Oval Office. 

Those records included classified documents about military and foreign policy in Afghanistan and other countries, among other records related to national security and foreign policy, which Hur said implicated "sensitive intelligence sources and methods." 

Hur described Biden as a "sympathetic, well-meaning elderly man with a poor memory," a description that has raised significant concerns for Biden's 2024 re-election campaign.  

Hur will testify publicly about his report on March 12 before the House Judiciary Committee. 

Fox News' Brooke Singman and Tyler Olson contributed to this report.