Attention to the Unseen

The Washington Post reports: Few people speak to former president Donald Trump more these days than Boris Epshteyn. The pugilistic communications consultant often has five or more conversations with Trump a day, advisers say, with the former president sometimes interrupting meetings with prominent elected officials to take his calls. A lawyer by training who has also worked as an investment banker, Epshteyn, 40, has morphed into one of the most influential figures in Trump’s orbit, winning his ear on how…

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CNN reports: As Donald Trump inches closer to launching another presidential run after the midterm election, Justice Department officials have discussed whether a Trump candidacy would create the need for a special counsel to oversee two sprawling federal investigations related to the former president, sources familiar with the matter tell CNN. The Justice Department is also staffing up its investigations with experienced prosecutors so it’s ready for any decisions after the midterms, including the potential unprecedented move of indicting a…

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New York magazine reports: As the midterm campaigns draw to a close, so too may an informal détente between Donald Trump and federal prosecutors since the search of Mar-a-Lago in August. While both sides fight in court, the Justice Department has probably refrained from taking major steps in the key investigations into his possession of classified documents and the attack on the U.S. Capitol in order to avoid influencing the elections. During this relative down period, however, the department has reportedly been fighting…

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Should Donald Trump seek reelection to the presidency or any other office, Citizens for Responsibility and Ethics in Washington will pursue his disqualification under the Fourteenth Amendment for engaging in the January 6th insurrection. In a letter sent to the former president today, CREW President Noah Bookbinder outlined how Section 3 of the Fourteenth Amendment bars anyone who engaged in insurrection against the Constitution they swore to defend from holding office, and let Trump know that CREW is prepared to…

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Richard L. Hasen writes: The United States has failed its first important test for democracy since the 2020 election season: Election denialism has taken hold among a significant segment of Republican voters, and election deniers are poised to win elections next week. They will go on to oversee or certify some elections in 2024. The question that matters now is whether the next line of defense for American democracy—our system of state and federal courts—is strong enough for the task…

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Politico reports: Donald Trump’s attorneys saw a direct appeal to Supreme Court Justice Clarence Thomas as their best hope of derailing Joe Biden’s win in the 2020 presidential election, email messages newly disclosed to congressional investigators show. “We want to frame things so that Thomas could be the one to issue some sort of stay or other circuit justice opinion saying Georgia is in legitimate doubt,” Trump attorney Kenneth Chesebro wrote in a Dec. 31, 2020 email to Trump’s legal…

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The Washington Post reports: A week after the 2020 election, as Donald Trump raged over what he claimed was rampant fraud, officials in a rural county in southern Georgia received a disturbing report from the employee who ran their elections. New voting machines in use across the state could “very easily” be manipulated to flip votes from one candidate to another, she claimed at a meeting of the county elections board, and ballots could be scanned and counted more than…

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The Washington Post reports: One of the Justice Department’s most experienced national security prosecutors has joined the team overseeing the intensifying investigation of classified documents at Donald Trump’s Mar-a-Lago home and private club, people familiar with the matter said. National security law experts interviewed by The Washington Post say prosecutors appear to have amassed evidence in the case that would meet some of the criteria for bringing charges against the former president — an unprecedented action that they said likely…

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The Associated Press reports: A federal judge in Arizona said he hopes to decide by Friday whether to order members of a group to stop monitoring outdoor ballot drop boxes in the Phoenix area in an effort that has sparked allegations of voter intimidation. The groups Arizona Alliance for Retired Americans and Voto Latino asked U.S. District Judge Michael Liburdi during a Wednesday hearing to prevent members of Clean Elections USA from gathering within sight of drop boxes in Maricopa…

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Vanity Fair reports: With exactly two weeks to go until the midterm elections, Democrats and Republicans are out here making their respective cases re: why voters should allow them to either hold on to their majority in Congress or retake power. One way the two parties have diverged on tactics? Well, the GOP appears to be the only one openly encouraging its base to stake out ballot boxes and intimidate would-be voters. With guns. On Monday, Paul Penzone, the sheriff…

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The New York Times reports: Senator Edward M. Kennedy looked skeptically at the federal judge. It was Nov. 15, 2005, and Samuel A. Alito Jr., who was seeking Senate confirmation for his nomination to the Supreme Court, had just assured Mr. Kennedy in a meeting in his Senate office that he respected the legal precedent of Roe v. Wade, the 1973 court decision that legalized abortion. “I am a believer in precedents,” Judge Alito said, in a recollection the senator…

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The New York Times reports: Federal prosecutors investigating former President Donald J. Trump’s handling of national security documents he took with him from the White House have ratcheted up their pressure in recent weeks on key witnesses in the hopes of gaining their testimony, according to two people briefed on the matter. The effort by the Justice Department shows how the investigation is entering a new phase as prosecutors seek to push recalcitrant witnesses to cooperate with them. A key…

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Dana Milbank writes: If the midterm elections degenerate into chaos in a couple of weeks — a very real possibility — then Nevada is poised to lead the way. Indeed, the chaos here has already begun. The election supervisors in 10 of the state’s 17 counties have already quit, been forced out or announced their departures. Lower-level election workers have quit in the face of consistent abuse. The state’s elections staff has lost eight of its 12 employees. The (Republican)…

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The Washington Post reports: Some of the classified documents recovered by the FBI from Donald Trump’s Mar-a-Lago home and private club included highly sensitive intelligence regarding Iran and China, according to people familiar with the matter. If shared with others, the people said, such information could expose intelligence-gathering methods that the United States wants to keep hidden from the world. At least one of the documents seized by the FBI describes Iran’s missile program, according to these people, who spoke…

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The Associated Press reports: The House committee investigating the Jan. 6 attack on the U.S. Capitol formally issued its extraordinary subpoena o Donald Trump on Friday, demanding testimony from the former president who lawmakers say “personally orchestrated” a multi-part effort to overturn the results of the 2020 election. The nine-member panel issued a letter to Trump’s lawyers saying he must testify, either at the Capitol or by videoconference, “beginning on or about” Nov. 14 and continuing for multiple days if…

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The New York Times reports: Former President Donald J. Trump is claiming that nine documents seized by the F.B.I. from his Florida residence are his personal property — but the Justice Department says they are official records that should be deposited with the National Archives, according to a new letter to the special master who is overseeing a review of the materials. The letter, filed on Thursday by the Justice Department, describes disputes over ownership and executive privilege claims involving…

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