April 25, 2024, 6:55 pm

I was watching cable news this afternoon at the gym. And I saw one of those examples of what has now become a Trump/Roberts Court-era set piece, where principled and very smart lawyers and/or legal academics have to say, I guess I was a chump.

Sure the Roberts Court is partisan, I thought. But there’s a threshold level belief in the rule of law. I’m not trying to make hay out of others’ mistakes. My guiding heuristic has been that the Roberts Court, especially in its post-2017 iteration is thoroughly corrupt and will generally do whatever is in the interests of the GOP so long as it doesn’t put too big a dent in the Court’s own perceived legitimacy and elite social standing. Based on this standard I assumed the Court would settle for delaying Trump’s trial until the Fall. It seems now that they’re likely to kick it back to the trial Court for further fact-finding and thus the case itself well into 2025.

Fair enough.

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-Josh Marshall
April 25, 2024, 12:09 pm

For most of this election season so far, FiveThirtyEight hasn’t surfaced its own presidential race average. Compiling these averages in a sophisticated and honest way is actually kind of complicated. (They explain their methodology here.) We used to play in this space with PollTracker. So I know from experience. For me it’s not that I put so much weight on the specific number. It’s just a simpler way of visualizing the trend over time.

Well, now they’ve finally rolled theirs out. So I don’t have to be so reliant on RealClearPolitics, which has both a clumsy methodology and goes to comical length to add or not add polls to juice their favored candidate. All that said, the absolute averages as of today as remarkably similar. Trump up .4% on FiveThirtyEight and .3% on RCP. This reminds us of some of the ironies and … how can I say it, melancholy and ennui of complexity. The FiveThirtyEight model is HUGELY complex and sophisticated. It factors in all sorts of different variables. It incorporates findings from individual states into the national averages and vice versa. And yet for all this statistical leg work the averages as of this moment are essentially identical.

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-Josh Marshall
April 25, 2024, 11:58 am

Kate chats with TPM’s Josh Kovensky about life inside the courtroom as the Trump hush money trial unfolds.

Belaboring The Point is now on YouTube! Check out the latest video episode of the podcast here.

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-Jackie Wilhelm
April 25, 2024, 10:04 am

Kate Riga is liveblogging the Supreme Court oral arguments on Trump’s insane presidential immunity claims here.

Josh Kovensky is liveblogging the Trump hush-money trial here.

-David Kurtz
April 24, 2024, 10:43 pm

There’s going to be a lot to talk about tomorrow with these new fake electors indictments out of Arizona. In fact, there’s so much happening in the news at the moment it’s a bit hard to keep your head straight. But I wanted to note just one exquisite point. One of the indictees is Christina Bobb, OANN talking head turned Trump lawyer, who just last month was appointed as the new head of the RNC’s “election integrity” chief. So yes, the GOP’s head of election integrity has now been charged with election subversion and election fraud. So we’re off to a strong start.

-Josh Marshall
April 24, 2024, 7:56 pm

Arizona Attorney General Kris Mayes has obtained a state grand jury indictment in her probe of the Trump’s 2020 fake electors scheme – and she went higher up the chain than might have been expected.

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-David Kurtz
April 24, 2024, 2:11 pm

A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the start of arguments in the hush money trial, Ukraine aid passing in the House and a packed week at the Supreme Court.

You can listen to the new episode of The Josh Marshall Podcast here.

-Jackie Wilhelm
April 24, 2024, 11:28 am

I routinely tell people not to look at every single poll but to focus on trends over time. That is, if you want to look at them at all. We’ll go into Election Day with the polls tight and the outcome still uncertain. I can say this because I actually watch them very, very closely … like unhealthily closely. It’s characterological. I don’t advise it for anyone else. But if you must, it’s okay, and I can relate.

This morning there’s a new batch of swing-state polls from Bloomberg/Morning Consult showing Trump ahead in all but one of those states and growing his lead versus the last of these polls a month ago. That’s not great at all. But as usual I would not invest too much weight in a single poll. These numbers are not in sync with other recent swing-state polls, though actually we have pretty few quality swing-state polls recently. But the overall trend over the last six or seven weeks still seems like what we’ve discussed in the last several posts on this topic. After several months of being behind by a small but real amount (2-4 percentage points), Biden has moved into roughly a tie.

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-Josh Marshall
April 23, 2024, 11:53 am

Sometimes a story catches fire and just a really straightforward look at the fine print shows there’s really nothing to it. One of the recent examples has to do with Sen. John Fetterman and the increasingly vocal complaints that he’s gone rogue from his progressive roots and is likely to one day become or is possibly already on his way to becoming the next Joe Manchin or Kyrsten Sinema. There’s actually a whole conversation on social media about how we’ll soon see him coming out against getting rid of or abolishing the filibuster.

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-Josh Marshall
April 22, 2024, 1:31 pm

Like David, I’m still not clear that we have a satisfying explanation of just why the last week on Capitol Hill happened. For the moment I’m just glad it happened. Ukraine will now get a major infusion of military aid which should at least stabilize the Ukrainian war effort. But even if we don’t really know why Mike Johnson did what he did, there are some other takeaways worth noting.

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-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.