As you’ve seen me argue, Democrats must add either two or four seats to the Supreme Court if Republicans proceed with another corrupt Court appointment and Democrats win the presidency and the Senate. There may be other remedies I haven’t thought of. There may be better ones. But I’m certain we are at the point where a real, practical and credible remedy is essential. With that in mind I wanted to make a point about general principles.

There was never any real doubt that Republicans would move swiftly to fill the seat of the late Supreme Court Justice Ruth Bader Ginsburg. And now a number of key Republican senators have come out to endorse Senate Majority Leader Mitch McConnell’s (R-KY) effort to do so. Whether a vote will happen before or after Election Day remains something of an open question, but once McConnell has the votes he will say “go.”

As I’ve mentioned a number of times, beyond our ordinary tasks of government, I think an audit of the executive branch is critical after President Trump leaves office. But in these perilous final weeks before the 2020 election we can see another pressing need spotlighted by a lawless President but not created by him: the scaffolding of the US government, the state, the Republic itself, simply isn’t up to code. Like an old house that long predates all the codes and regulations that are mandatory in new structures it’s held up well enough and it simply makes no sense to force a renovation. But in a storm all those problems come to the surface. And in the aftermath of damage you wouldn’t rebuild it in the old way.

Allies of the president have been murmuring ominously about potential October surprises all year. There’s the Durham investigation, Giuliani’s conspiracy theories, and Senator Ron Johnson’s (R-WI) investigation into Ukraine-related Biden allegations, to name a few.

We got the results of that last one this morning. But, alas! There is no surprise.

Like clockwork, President Trump on Wednesday sparked a new controversy centered on his shirking of democratic norms. This time, it was Trump refusing to commit to a peaceful transition of power if he loses the November election.

Earlier this year, the Supreme Court knocked down the idea, advanced by President Trump’s lawyers, that their client was immune from criminal investigations. Today, that case came back before the 2nd Circuit Court of Appeals, where lawyers for the President advanced new arguments for why Manhattan DA Cyrus Vance cannot subpoena Trump’s financial records.

Except, not really.

Since we live in a period of misdirection and high volume propaganda it is important to restate the things we may sort of know but which are pushed to the edges of our awareness. High, high on that list is this: virtually every argument President Trump has used to stymie lawsuits, congressional probes and criminal investigations is tied to his being the **current** President of the United States. As Josh Kovensky reports here, he’s sticking to these maximal claims of immunity even after being rejected on this front by his packed Supreme Court.