Attention to the Unseen

NBC News reports: The Democratic Party’s stunning hold on Senate control will enable President Joe Biden and his allies in the chamber to do something that has been a low-key success: churning out federal judges without the threat of Republican obstruction. The Senate majority, inked by a Democratic win in Nevada, gives Biden a clear runway to continue one of his most consequential pursuits: reshaping federal courts with a diverse array of lifetime-appointed liberal judges, including record numbers of women,…

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Mark Joseph Stern writes: Democrats had a surprisingly good election night on Tuesday. They held on to a number of critical Senate seats, won key gubernatorial races, and, shockingly still, had a slight avenue to hold on to control of the House of Representatives, despite historic headwinds and virtually no margin for error. Still, Republicans are currently forecast to win control of the House by a small margin, carrying the chamber by one to 10 seats. If that projection holds,…

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The New York Times reports: With alarm over foreign manipulation of the U.S. midterm elections swirling ahead of Tuesday’s vote, an influential Russian businessman and close associate of President Vladimir V. Putin sardonically boasted on Monday that Russia was interfering in the election. “Gentlemen, we have interfered, we do interfere and we will interfere,” the businessman, Yevgeny V. Prigozhin, known as “Putin’s Chef,” said in a statement posted by his catering company in response to a question from a Russian…

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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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