David reminds us today of the universal D.C. establishment rule that to avoid any appearance of a conflict of interest all special counsels, all FBI directors and all other related legal people must always be Republicans. We know the oppression ex-President Trump suffered under Republicans like James Comey, Rod Rosenstein, Chris Wray and Bob Mueller, half of whom Trump himself appointed to office. But then there’s the related rule that special counsels must always be Republicans. Republican AGs appoint Republican special counsels; and Democratic AGs appoint Republican special counsels. You’ll remember that way way back in the day the first special counsel appointed to investigate Bill Clinton was a respected and generally non-partisan Republican lawyer, Robert Fiske. He found nothing and was wrapping up his investigation. So he was replaced by the extremely partisan movement conservative lawyer Ken Starr.

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This lawsuit comes just a few days after Michigan Attorney General Dana Nessel also announced she was opening an investigation into the sham Trump electors. Nessel initially referred the matter to the DOJ but decided to open her own investigation after the House Jan. 6 committee released its report.

A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss the end of Kevin McCarthy’s speakership struggle and the beginning of a new term of Congress.

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We now have a fifth freshman Republican Representative from New York calling on George Santos to resign from office. Now it’s Mike Lawler of New York’s 17th district, just north of New York City. He’s the one who narrowly defeated Sean Patrick Maloney, who was the head of the DCCC in 2022. As noted yesterday, the now close-to-unanimous demand from constituents and the New York GOP for Santos to get out won’t, I think, have much effect. He’s close to a wanted man in his Long Island district. In a sense it hardly matters what the folks back home are saying. His support is coming from the House GOP leadership.

Over the course of the afternoon, four Republican Reps from New York state – all freshman – have called on George Santos to resign.

The first was Rep. Anthony D’Esposito, who is from the adjoining 4th district. He made the announcement at the Nassau County GOP press conference we noted earlier. Since then Rep. Nick LaLota (1st), Rep. Nick Langworthy (23rd) and Rep. Brandon Williams (22nd) have all done the same. (I think this the rough order over the course of the day. But they’ve come in kind of a flurry.)

While announcing their committee’s call for freshman Rep. George Santos (R-NY) to resign from Congress today, Nassau County GOP Chairman Joseph Cairo, Jr. let a little bit of news slip.

“I remember specifically, I’m into sports a little bit, that he was a star on the Baruch volleyball team and that they won the league championship,” Cairo said, while walking reporters through a handful of other publicly known things that Santos had lied about on his resume.

“What can I tell ya,” he said. Peep his fellow party officials giggling in the background.

People forget that it wasn’t really the Freedom Caucus that knocked Kevin McCarthy out of contention for Speaker in 2015. They were part of it. But what did him in was that members from the rest of the caucus didn’t think he was ready. As the Speakership was hanging in the balance in 2015, he gave an interview in which he said that the whole point of the Benghazi hearings was to damage Hillary Clinton’s presidential campaign. That was true of course. But that wasn’t the public story for Republicans. Today’s comments from McCarthy are a reminder of that and a reminder that things probably haven’t changed.

There’s a simple way to avoid being forced to resign: Don’t resign. It’s really that simple. It always has been. Just don’t resign. George Santos seems to understand that. But I’ve never thought shaming or lack of support at home or on the Hill would drive him out. Lawsuits and prosecutions are what will bring him down. And likely sooner rather than later. Just which it will be I’m not sure. There are so many routes to criminal and civil liability.

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