David Kurtz

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David Kurtz is TPM's executive editor and Washington Bureau chief. He oversees the news operations of TPM.

on August 28, 2018 in Scottsdale, Arizona. Cough ‘Em Up, Kelli!
INSIDE: Kari Lake ... Donald Trump ... Rudy Giuliani
Trump Wanted To Sic The IRS On Comey And McCabe, Kelly Says
INSIDE: Mike Pence ... Sam Bankman-Fried ... Kimberly Guilfoyle
That Was No Red Wave, But What Was It Exactly? So Much To Parse!
INSIDE: Catherine Cortez Masto ... Kevin McCarthy ... Lauren Boebert
Big News

You knew the Jan. 6 committee had to have another card up its sleeve for its last hearing before the midterm elections (and perhaps its last one ever). The previews the committee provided of what the hearing would focus on were generally underwhelming. But we got a hint at the top of the hearing from chair Bernie Thompson: This is not technically a hearing but a business meeting of the committee, meaning the committee can conduct votes, Thompson said. Now NBC is reporting the committee plans to vote to subpoena former President Trump himself.

KBJ Lets It Rip

Justice Ketanji Brown Jackson brings a devastating “originalist” reading to the Civil War-era constitutional amendments during the ongoing oral arguments over Alabama’s redistricting plan. Our live coverage here.

Adam Serwer: “I mean she is correct as a matter of fact and history it’s just not something you hear a justice say.”

Legal affairs reporter Chris Geidner, on KBJ this morning: “She’s really incredible, right from the start of her time here. Unlike any new justice that I’ve seen in my lifetime.”

Well, Lookee Here

Big props to TPM’s Josh Kovensky. A few hours after TPM published his exclusive story on the 11th Circuit Court of Appeals sitting on an appeal for nearly seven years without issuing a ruling, the court finally ruled in the case a few minutes ago. Here’s the latest.

Who’s To Blame?

I want to dig in a bit more on our exclusive this morning about the appeal before the 11th Circuit that has dragged on for nearly seven years since oral arguments with no decision from the court.

As I said earlier, it’s not clear WHY this is happening. But I don’t think we have to throw our hands up in the air in helplessness and lament another broken institution without accountability. It’s pretty clear where responsibility for this fiasco lies.

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Get A Load Of This Exclusive

TPM’s Josh Kovensky has a new piece up on a bizarre case where a federal appeals court has simply failed to make a decision … for almost SEVEN years and counting.

The case was briefed, oral arguments were held (way back in February 2016), and despite entreaties from both parties the court has not issued a decision.

There are rumors and theories floating around for WHY no decision has been forthcoming, but nothing we could nail down or confirm. All we know is the court has abandoned its obligation to issue a ruling in anything approaching a timely fashion, circumstances legal experts describe to us as “extraordinary.”

Give it a read.

They Still Won’t Say It In Court

The Trump team’s misinformation campaign about the Mar-a-Lago raid continues, as does the disparity between what they say in media interviews and what they say in court:

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One More Thought On Biden’s Speech

I want to be careful not to over-read this part of Biden’s speech, but there was one passage that jumped out for what it might mean about the 2022 and 2024 elections.

It came in the bottom third of the speech, after he had warned of political violence and explicitly blamed Trump and MAGA. It suggests Biden won’t stand idly by as MAGA targets elections and election infrastructure.

What does that mean for 2022 and 2024? Not sure. Here’s the passage:

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