Prime - 2020
06.18.20 | 12:25 pm
Where Things Stand: Musing About SCOTUS Loyalty Prime Badge
This is your TPM early-afternoon briefing.

The expectation of loyalty has never been more transparent than now.

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06.18.20 | 6:02 pm
Why DOJ’s Hail Mary Bid To Block John Bolton’s Book Is Such A Reach Prime Badge

When the Justice Department shows up to court on Friday to argue in favor of blocking John Bolton’s book, it will have in front of it a very daunting — if not impossible  — task.

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06.19.20 | 12:01 pm
Looking at the Numbers Prime Badge

Yesterday was the first day in the history of the COVID epidemic when the percentage of positive tests returned in New York State fell below 1%. You can see the trend here. Red is New York State and blue is the rest of the United States excluding New York State.

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06.19.20 | 1:12 pm
Where Things Stand: Stark Difference In Trump, GOP Marking Of Juneteenth Prime Badge
This is your TPM early-afternoon briefing.

It’s Juneteenth and President Trump is, predictably, handling the day that marks the liberation of slaves in the United States poorly.

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06.20.20 | 11:38 am
More Complicated Than It Looks Prime Badge

An anonymous DOJ vet shares some key details about Geoff Berman’s unique legal status as US Attorney in the Southern District of New York.

Many others weighing in about the SDNY fiasco, but I’m not seeing this point, which is worth considering.

Even if Trump can ultimately dislodge Berman (under 28 USC 541 he, though not Barr, can likely fire him), he can’t pick the temporary replacement. Until the Senate confirms someone, that choice plainly belongs exclusively to the SDNY judges under 18 USC 846. If Trump tries to ignore that and install his own pick anyway he faces two problems he can’t easily overcome. First, there would be a staff revolt. Second, every criminal defendant indicted under the bogus US Attorney would have standing to seek dismissal because the indictment was not authorized or signed by the lawful US Attorney — and those motions would be decided by the same SDNY judges whose authority Trump is trying to usurp.

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06.20.20 | 5:34 pm
The Tell Prime Badge

Just a quick note on the statement the attorney general put out this afternoon announcing that President Trump has indeed now fired the U.S. attorney in Manhattan:

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06.22.20 | 11:39 am
The Fall Prime Badge

All political power is unitary. It is one of the great lessons for thinking about politics. You are always in the process of adding to it or diminishing it. Assert power and sustain it and you gain power. Fail to do so and a politician grows weaker. This is why the concept of expending ‘political capital’ is mostly nonsense.

We have seen this unfolding before us over the last month. President Trump now daily asserts power he cannot sustain. ‘Law and Order’ street fighting confrontations using the US military, Bolton’s book, bungled DOJ purges, a humiliating Tulsa venture. Each gambit newly exposes his deteriorating power and thus hastens the process, emboldening others to oppose or resist him.

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