February 27, 2026, 10:04 am

It’s a cliché and more or less true that the Constitution’s “high crimes and misdemeanors” language can mean whatever Congress wants it to mean. That is not only because in this area Congress’ decision-making is certainly un-reviewable. It is because the Constitution’s writers were intentionally expansive in their definition. They were most focused not on statutory crimes but misrule. I wanted to take a moment to note that what we have unfolding in Minnesota is really a definitional impeachable offense.

I say this with no expectation that he will be charged with it, let alone convicted and removed from office, certainly not under Republican rule. But these are precisely the kinds of abuses of power, unconstitutional actions, that are most squarely within the impeachment mechanism’s meaning.

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-Josh Marshall
February 26, 2026, 10:46 pm

News came today that Warner Bros Discovery decided that Paramount-Skydance’s bid ($111 billion) to acquire the company was superior to that from Netflix ($82.7 billion). WBD told Netflix it had four days to up its offer. Little more than an hour later Netflix said it didn’t need four days. It was bowing out. The deal was no longer economic at the price Paramount was offering. An additional fact is that Netflix co-CEO Ted Sarandos was at the White House while these things were happening, apparently trying to see whether Netflix had the thing any major company needs for a merger in 2026: the personal approval of Donald Trump. Apparently they didn’t have it. That’s the autocracy playbook. And at the federal level, that’s the game we’re playing right now.

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-Josh Marshall
February 26, 2026, 3:33 pm

TPM’s David Kurtz has been covering, in person, a hearing in Nashville in which the Trump administration sought to prove it did not pursue a vindictive prosecution against Kilmar Abrego Garcia, the man it erroneously imprisoned in El Salvador last year. Immediately upon leaving the courtroom, David sat down with me to record a Substack Live on what happened. Watch that here:

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-John Light
February 26, 2026, 1:46 pm

Kate and Josh discuss Trump’s extremely lengthy State of the Union, new information about an allegation against him in the Epstein files, and the dark scandal engulfing Rep. Tony Gonzales (R-TX).

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-Jackie Wilhelm
February 26, 2026, 1:13 pm

The Post has an article today, an exclusive they say, about a draft executive order purportedly being circulated between the White House and various conspiracy theorists and right-wing extremists in its broader circle. The proposed order claims that China has been found to be interfering in U.S. elections — specifically rigged the 2020 election in Joe Biden’s favor — and that as a result of that the president, as commander-in-chief, can and must directly take control of U.S. elections for the midterms and the 2028 presidential elections.

Two points merit saying on this. The first is that these are the rehashed, insane theories that were literally and figuratively laughed out of court in 2020. These are all absurd. Everybody knows they are absurd and false. The legal theory is what demands our attention. The authors of the order believe that if something is an emergency the president can invoke a kind of hidden dictator clause in the Constitution which allows him to assert powers which the Constitution explicitly forbids to him. This is not so. They secondarily believe in what we might call a “because” or “therefore” logic or clause. So because we have found that Threat X exists, the president can do whatever he wants to combat that threat. And as commander-in-chief, he can do anything he wants. This is also not so.

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-Josh Marshall
February 26, 2026, 11:32 am

I wanted to alert you of something we’re on today. Among other things, it’s the kind of off-the-beaten-path reporting your membership dollars pay for. We sent David Kurtz to Nashville today for a hearing in the Abrego Garcia case. Since we’re a number of ICE murders and false imprisonments down the line at this point, remember that the Justice Department conceded that Abrego Garcia had been erroneously included among those sent last spring to the bespoke dungeon facility in El Salvador. He was brought back to the U.S. only after he was hit with a new indictment. His lawyers have argued to the judge in the case that the charges should be dismissed because this is a case of vindictive prosecution. Normally this is an extremely high bar for the defense to clear. But in this case, the judge replied by saying that he’s inclined to think that the defense is right. Today’s hearing was scheduled to give the government the opportunity to prove that the defense and (mostly) the judge are wrong.

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-Josh Marshall
February 25, 2026, 4:27 pm

You’ve probably seen some hints of it. But I wanted to focus your attention on a genuine piece of news out of the Epstein Files, even weeks after their original release. In 2019, a woman came forward and spoke to the FBI claiming that Donald Trump had assaulted her in the early 1980s. In her allegations, Jeffrey Epstein essentially provided her to Trump. Other files in the Epstein trove say that the FBI conducted four interviews with the woman. But only one of them was released in the larger trove — one that detailed her accusations against Epstein. Meanwhile, Rep. Robert Garcia (D-CA), the top Democrat on the House Oversight Committee, says he went to view the unredacted version of the files that members of Congress can access and the missing interviews aren’t there either.

There have been other accusations against Trump in the files. But this one appears to be more specific and detailed. And there are various signs and reasons that the FBI took the allegations seriously: those reasons and details about the accusations are discussed in this NPR article once you get past the first few paragraphs. The accuser, according to one FBI note contained in the files, eventually refused to cooperate with the investigation.

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-Josh Marshall
February 25, 2026, 11:25 am

I had some additional thoughts I wanted to share about last night’s speech.

The first seems unsurprising to me. A snap CNN poll last night found that this was the weakest reaction to a State of the Union as any president’s this century. Since presidents generally did better (less divided audience) in the past, it was probably the weakest ever. It was weaker than any of Trump’s State of the Unions. So people weren’t wowed. And remember that a State of the Union is disproportionately watched by the presidential speaker’s own partisans.

This matches my impressions. It seemed tired like Trump seems tired, literally and figuratively. It had some of the feel of a nostalgia act to me. No new material and not a lot of energy or interest in doing something new. Which, again, is really where Trump and the administration itself seems to be. It fits.

-Josh Marshall
February 24, 2026, 11:07 pm

The first half of the speech was very low energy. Trump didn’t seem to have his heart in it. He roused to talk about tariffs and then gruesome murders by undocumented immigrants. American Carnage, Part II, basically. My overall sense is still that it was generally shambling and scattered, which is to say more or less like the administration itself at the moment. The non-standing and non-clapping by Democrats really seemed to get to him. It was kind of remarkable how much it seemed to get to him. Like, they’re the opposition. They’re really against him. Did it surprise him? On tariffs, what did he say exactly? The vibe seemed to be that they’ll continue? Or in spirit? What? I see nothing here that changes a bit of the current political trajectory. The speech writers don’t seem to have had much idea of how that could happen. It’s still full speed ahead with the same program until November, perhaps slightly warmed over. The collision is inevitable.

-Josh Marshall
February 24, 2026, 10:24 pm

10:21 p.m.: I’m amazed how much the non-clapping and non-standing seems to get to Trump. Like really get to him. It keeps coming out more and more.

-Josh Marshall
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SessionsWire

Zero Recall: Sessions Punts Questions On Trump, Comey, Russia Probe

Attorney General Jeff Sessions removes his glasses as he speaks on Capitol Hill in Washington, Tuesday, June 13, 2017, while testifying before the Senate Intelligence Committee hearing about his role in the firing of James Comey, his Russian contacts during the campaign and his decision to recuse from an investigation into possible ties between Moscow and associates of President Donald Trump. (AP Photo/Alex Brandon)

In an often-contentious Tuesday hearing before the Senate Intelligence Committee, an indignant Attorney General Jeff Sessions made clear that he was upset that allegations that he knew of collusion between Trump campaign officials and Russian operatives during the election were impugning his “honor.” But in nearly three hours of testimony, he failed to answer many of the key questions that prompted the panel to invite him to testify in open session.

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Dem Senator: ‘Hard To See’ How Sessions Can Be AG After Senate Hearing

Sen. Dick Durbin (D-IL) on Tuesday said it is “hard to see” how Attorney General Jeff Sessions can remain in his position after refusing to answer questions during an open session of the Senate Intelligence Committee.

“Attorney General Sessions has recused himself from the investigation of Russian interference in our election, recommended the dismissal of the Director of the FBI, reportedly offered his resignation to the President, and refused to answer questions from the Senate Intelligence Committee,” Durbin said in a statement. “It is hard to see how he can continue to serve.”

Sessions cited executive privilege several times while testifying before the Senate Intelligence Committee on Tuesday, though he acknowledged that President Donald Trump has not in fact invoked it yet.

“So what is the legal basis for your refusal to answer these questions?” Sen. Angus King (I-ME) pressed him.

“I’m protecting the right of the President to assert it if he chooses,” Sessions replied.

RNC’s Funding Plea Attributed To Trump After Sessions Hearing: ‘WITCH-HUNT!’

President Donald Trump speaks during a cabinet meeting in the Cabinet Room of the White House, Monday, June 12, 2017, in Washington. (AP Photo/Andrew Harnik)

The Republican National Committee sent out a fundraising email on Tuesday attributed to President Donald Trump and warning of a “WITCH-HUNT” after Attorney General Jeff Sessions testified before the Senate Intelligence Committee.

“There is an effort to SABOTAGE us,” the email attributed to Trump reads.

It accused Democrats of “using a conspiracy theory” to “DERAIL” Trump’s presidency.

“We MUST keep fighting,” the email reads. “WITCH-HUNT!”

Trump did not offer any comment on Sessions’ testimony via Twitter, his favored medium for rapid response.

No Republicans (So Far) Will Go On CNN To Respond To Sessions Testimony

CNN’s Wolf Blitzer said after Attorney General Jeff Sessions testified to the Senate Intelligence Committee Tuesday that Republicans hadn’t yet committed to responding to Sessions’ testimony on the network.

“I just want to alert our viewers that we’ve invited Republicans to join us as well,” Blitzer said, before an interview Sen. Chris Murphy (D-CT). “Hopefully they will. So far we’ve received certain maybes down the road.”

McCain To Sessions: ‘I Don’t Recall You’ Being Interested In Russia As A Senator

Sen. John McCain (R-AZ) on Tuesday said he did not recall Attorney General Jeff Sessions taking any interest in Russia as a member of the Senate Armed Services Committee, though Sessions claimed he met with Russian Ambassador Sergei Kislyak in that capacity.

Sessions testified before the Senate Intelligence Committee that he pressed Kislyak on Russia’s actions in Ukraine.

“I remember pushing back on it and it was testy on that subject,” Sessions said.

“Knowing you on the committee, I can’t imagine that,” McCain replied.

He asked Sessions whether he talked to Kislyak about Russian interference in elections held by U.S. allies.

“I don’t recall that being discussed,” Sessions said.

“If you spoke with Ambassador Kislyak in your capacity as a member of the Armed Services Committee, you presumably talked with him about Russia-related security issues that you have demonstrated as important to you as a member of the committee,” McCain said.

“Did I discuss security issues?” Sessions repeated in apparent confusion.

“I don’t recall you as being particularly vocal on such issues,” McCain said. “In your capacity as the chairman of the Strategic Forces Subcommittee, what Russia-related security issues did you hold hearings on or otherwise demonstrate a keen interest in?”

“We may have discussed that,” Sessions said, apparently responding to McCain’s earlier question. “I just don’t have a real recall of the meeting. I was not making a report about it to anyone. I just was basically willing to meet and see what he discussed.”

“And his response was?” McCain pressed.

“I don’t recall,” Sessions said.

Sen. Reed Confronts Sessions With Flip-Flops On Comey Handling Of Clinton Emails

Attorney General Jeff Sessions was confronted with his flip-flops on then-FBI Director James Comey’s handling of the investigation into Hillary Clinton’s private email server Tuesday.

During a hearing of the Senate Intelligence Committee, Sen. Jack Reed (D-RI) quoted Sessions’ responses to then-FBI Director James Comey’s announcement in July 2016 that he would not recommend charges against Clinton.

Sessions signed onto a memo from Deputy Attorney General Rod Rosenstein that cited Comey’s handling of the case as unprofessional, and one justification for his firing.

On July 7, Reed said, Sessions said the email investigation dismissal “was not his problem, it’s Hillary Clinton’s problem,” referring to Comey.

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Sessions Snaps At Harris: ‘If I Don’t Qualify’ My Answers, ‘You’ll Accuse Me Of Lying’

Attorney General Jeff Sessions snapped at Sen. Kamala Harris (D-CA) during a hearing of the Senate Intelligence Committee Tuesday, saying the pace of her questioning made him nervous, and that she would accuse him of lying if he was not given time to qualify his answers.

“As it relates to your knowledge, Did you have any communication with any Russian businessmen or any Russian nationals?” Harris asked Sessions.

“I don’t believe I had any conversation with Russian businessmen or Russian nationals—” Sessions began in response.

Harris interjected: “Are you aware of any communications — 

“— although a lot of people were at the convention it’s conceivable that somebody —” Sessions continued, before Harris spoke again

“Sir, I have just a few—” she began.

“Will you let me qualify it!” Sessions said, voice raised. “If I don’t qualify it, you’ll accuse me of lying. So I need to be as correct as best I can—”

“I do want you to be honest,” Harris said

“—and I’m not able to be rushed this fast. It makes me nervous,” Sessions said.

Watch below via ABC News:

Sessions: Accusations Against Me Are ‘Just Like Through The Looking Glass’

Attorney General Jeff Sessions on Tuesday said suggestions he met with Russian officials to influence the 2016 election are like a story written by Lewis Carroll.

Sessions’ simile was perhaps prompted by Sen. Tom Cotton’s (R-AR) remark that Democrats went “down lots of other rabbit trails” in their lines of questioning as Sessions testified before the Senate Intelligence Committee.

“It’s just like through the looking glass. I mean, what is this?” Sessions said.

Sessions said he “explained how in good faith” he claimed he had not met with Russian officials.

“They were suggesting I as a surrogate had been meeting continuously with Russians,” Sessions said. “I said I didn’t meet with them. And now, the next thing you know, I’m accused of some reception, plotting some sort of influence campaign for the American election. It’s just beyond my capability to understand.”

Sessions: All I Know About Russian Meddling ‘I’ve Read In The Paper’

Attorney General Jeff Sessions speaks on Capitol Hill in Washington, Tuesday, June 13, 2017, prior to testifying before the Senate Intelligence Committee hearing about his role in the firing of James Comey, his Russian contacts during the campaign and his decision to recuse from an investigation into possible ties between Moscow and associates of President Donald Trump. (AP Photo/Alex Brandon)

Attorney General Jeff Sessions told the Senate Intelligence Committee Tuesday that all he knew about Russian meddling in the 2016 election he had learned from press reports.

Earlier in the hearing, Sessions said he had “in effect” recused himself from campaign-related matters the day after he was sworn in as attorney general, and not after later reports he had had undisclosed meetings with the Russian ambassador — at which point he publicly announced a recusal for the first time.

“Do you believe the Russians interfered with the 2016 election?” Sen. Angus King (I-ME) asked Sessions.

“It appears so,” Sessions said. “The intelligence community seems to be united in that. But I have to tell you, Sen. King, I know nothing but what I’ve read in the paper. I’ve never received any detailed briefing on how a hacking occurred or how information was alleged to have influenced the campaign.”

“There was a memorandum from the intelligence community on Oct. 9 that detailed what the Russians were doing,” King said. “After the election, before the inauguration, you never sought any information about this rather dramatic attack on our country?”

“No,” Sessions replied.

“You never asked for a briefing or attended a briefing or read the intelligence reports?” King asked.

“You might have been very critical of me if I, as an active part of the campaign, was seeking intelligence relating to something that might be relevant to the campaign,” Sessions said. “I’m not sure that would be —”

“I’m not talking about the campaign,” King interjected. “I’m talking about what the Russians did. You received no briefing on the Russian active measures in connection with the 2016 election?”

“No, I don’t believe I ever did,” Sessions said.