Worse Than 2006?
Republican political consultants are practically falling over each other to make the most dire pronouncements about the GOP’s fate in the midterms.
“If the bottom continues falling out like it has been, this will be worse than 2006,” one national Republican strategist tells Politico. Democrats picked up 31 seats that year and ended 12 years of GOP control of the House.
I’m deeply skeptical of poll-driven narratives in election coverage — which the past few cycles have only reinforced — but there’s quite a bit more to go on than just public opinion surveys in assessing the state of the midterms. Between now and Election Day, I’ll be frequently including in Morning Memo a sampling of those additional data points: which races are being newly contested and which aren’t, where the spending is going and where it’s not, and other markers on the state of the race — including President Trump’s unscripted intemperate outbursts.
The Cook Political Report on Tuesday moved three Senate races in Democrats’ favor:
Kansas from Lean Republican to Toss Up
North Carolina from Lean Democrat to Likely Democrat
New Hampshire from Toss Up to Lean Democrat
In deep-red South Carolina, appointed Sen. Darline Graham (R) is struggling to hold on to her late brother’s seat, forcing the Senate Leadership Fund to dump $5 million into her race against Dr. Annie Andrews. In a sign of the brewing trouble for the GOP, Trump went on a “crazed, manic tirade” this week against Andrews, using an anti-trans slur among other attacks.
On the House side, in a sign of increasing desperation, Republicans have quietly resumed backing Rep. Max Miller (R-OH) despite earlier calls from within the party for him to drop out of the race amidst allegations against him of domestic abuse.
Election Ratfuckery Alert
The Trump administration continues to pull levers and push buttons to try to abuse the power of the federal government to swing the election its way:
The Department of Homeland Security has investigated more than 150 voter registration groups in search of evidence that they’re helping noncitizens illegally register to vote, according to internal documents obtained via FOIA and provided to the New York Times. The DHS effort has been most heavily focused on groups in New Jersey and Pennsylvania. DHS has considered using undercover agents in its investigations, the documents reveal. Also of note:
The documents also reveal that Heather Honey, a prominent 2020 election denier who now serves as the department’s point person on “election integrity,” provided 48.4 million records of unknown provenance to federal investigators who are trying to find noncitizens on the voter rolls.
The Trump DOJ dispatched federal prosecutors and an FBI agent to monitor polls in Maricopa and Pima counties in Arizona during its July primary election — a dramatic departure from past DOJ practice of using Civil Rights Division personnel as poll monitors to avoid intimidating voters and local election officials, Democracy Docket reports. The Trump DOJ is apparently planning to continue using prosecutors as poll monitors in the general election, telling Democracy Docket that “department attorneys, including prosecutors, will serve as election monitors.”
In the run-up to election, ICE has begun asking detainees if they have ever voted illegally and, if so, whether in person or by mail, the WaPo reports. “ICE reviews credible allegations of potential criminal activity within its jurisdiction, including allegations related to election integrity,” an ICE spokesperson told the newspaper.
The Big Lie Crazies Still Big Lie-ing
Big Lie purveyor Tina Peters met with President Trump in the Oval Office this week to discuss “election integrity.” Meanwhile, election denier Cleta Mitchell is “pushing a scheme to have Commerce Secretary Howard Lutnick seize voting machines,” Democracy Docket reports. Former Trump DOJ official Ed Martin helpfully ties all of this together:
A footnote: All of this comes as the Trump DOJ continues to fight to enforce a grand jury subpoena of Fulton County, Georgia, for the names and personal information of the hundreds of staffers, contractors, and volunteers who worked on the 2020 election. Jan. 6 never ends.
How Trump Can Still Subvert the Election
Election law expert Rick Hasen gives a fairly glowing assessment of how well the guardrails have held so far against Trump’s assault on free and fair midterm elections — and assesses where the greatest risks remain.
Another Classic Trump Con
Trump’s claim that he and his super PAC will start paying for the pro-Trump TV ads that the taxpayer funds have been used to air during the stretch run of the midterms does not mean that he will reimburse the government for the expenses it already incurred.
“White House officials clarified on Tuesday to Politico that the president’s post did not mean the PAC would pay for the spots that had already aired,” Politico reports.
More than $10 million of a $20 million DHS contract has already been spent on the ads, the NYT calculates.
Trump DOJ Watch
Emil Bove: Last year, when he was acting deputy attorney general, Emil Bove pressed the FBI to illegally investigate ICE protesters in Los Angeles in violation of their constitutional rights and bureau policy, an FBI whistleblower alleges. The allegations emerged in a whistleblower complaint to leaders of the Senate Judiciary Committee by Jill Fields, a former supervisory intelligence analyst in the FBI’s LA field office. Fields also claims that FBI Director Kash Patel succumbed to pressure from the White House to investigate another group of ICE protesters after President Trump saw them in TikTok post.
Harmeet Dhillon: After purging career lawyers, the Trump DOJ’s once-prestigous Civil Rights Division — led by Trump loyalist Harmeet Dhillon — is turning to partisans and conspiracists to fill its depleted ranks, the NYT reports.
David Hearn: Lawyers for David Hearn, the man wrongly accused of vandalizing the Reflecting Pool, sent a letter to the inspectors general of DOJ and DOI asking for an investigation of the circumstances of his arrest and subsequently dismissed prosecution. Among his lawyers is Michael R. Bromwich, a former DOJ IG.
EU Preps for Mass Casualty Russian Attack
In a restricted, closed-door meeting last Wednesday, EU ambassadors discussed how to respond collectively to a hybrid Russian attack that results in mass casualties, a risk they fear looks increasingly likely, Politico reports.
Quote of the Day
“[W]hen a majority of the justices on our highest court show themselves to be consistently indifferent to the growing chasm between law and justice, it is not ‘public rhetoric’ that causes Americans to distrust the Court. It is the Court that surrenders its own legitimacy in the eyes of the public.”—civil rights lawyer Sherrilyn Ifill
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As Trump’s desperation grows, no one should expect him and the Republican Party to not attempt ever more extreme measures to thwart the elections. Sending troops to polling places, declaring elections invalid and demanding a makeup, refusing to seat elected Democrats…
January 6 showed how far they are willing to go and could go again - especially since they effectively suffered no penalty for the attempt.