talkingpointsmemo--2020-08-11--Kamala Harris Will Be Dems’ Vice Presidential Pick, Biden Announces

Sen. Kamala Harris ( D-CA ) will be former Vice President Joe Biden ’ s running mate on the Democrats ’ 2020 presidential ticket , Biden announced Tuesday .
The development came in a tweet from Biden : In a tweet of her own , Harris said she was honored to join the ticket .
In a press release accompanying the news , Biden ’ s campaign said that “ Joe knows that Kamala will be ready to tackle the work that is needed to heal our country on Day One of the Biden-Harris Administration.
” “ Joe knows that @ @ @ @ @ @ @ the way things were – we have to build back better , ” the campaign added .
“ From her track record of managing through multiple crises to standing up for the people who need it most , Joe knows that Kamala will be ready to tackle the work that is needed to heal our country on Day One of the Biden-Harris Administration.
” On Wednesday at a time to-be-announced , Biden and Harris will deliver remarks together in Delaware , the campaign said .
Former President Barack Obama , in a statement @ @ @ @ @ @ @ “ spent her career defending our Constitution and fighting for folks who need a fair shake.
” “ Michelle and I couldn ’ t be more thrilled for Kamala , Doug , Cole and Ella , ” he said , referring to the senator ’ s husband and kids .
“ This is a good day for our country .
Now let ’ s go win this thing.
” Before Harris spoke a word as a part of the presidential ticket , she ’ d made history : The senator ’ s mother @ @ @ @ @ @ @ , and her father from Jamaica — making her both the first Black vice presidential candidate from a major political party in American history , as well as the first Asian American in that position .
Kicking off her own presidential campaign in January last year , Harris said she and her sister were “ raised by a community with a deep belief in the promise of our country — and a deep understanding of the parts of that promise that still remain unfulfilled.
” As a political calculation , Biden ’ s @ @ @ @ @ @ @ of the lessons Democrats learned in 2016 , specifically when it comes to Black voter turnout , said Kyle Kondik , managing editor of Sabato ’ s Crystal Ball at the University of Virginia .
Biden ’ s advantage over Hillary Clinton ’ s 2016 performance , at least according to current projections , is so far “ almost entirely predicated on improvements with white voters , ” Kondik said .
Choosing a Black running mate could help Biden in this regard , he said — “ but we ’ ve never had @ @ @ @ @ @ @ we ultimately don ’ t really know what the effect might be.
” President Donald Trump ’ s reelection campaign , reacting to the pick , said Harris had “ embraced the left ’ s radical manifesto ” during her own unsuccessful bid for the Democrats ’ presidential nomination .
Trump ’ s spokesperson , Katrina Pierson , said Biden announcing Harris as his running mate amounted to him “ surrendering control of our nation to the radical mob.
” Harris has a long record in public life that bolstered her case for @ @ @ @ @ @ @ opened her up to attacks during the Democratic presidential primary .
She has served as California ’ s junior senator since 2017 , and before that was California ’ s attorney general for six years and the San Francisco district attorney .
In the Senate , she ’ s made a name for herself with her tough questioning of witnesses before various committees .
When Attorney General Bill Barr appeared before the Senate Judiciary Committee in May last year , for example , Harris stumped him by asking — and then pressing for @ @ @ @ @ @ @ “ the President , or anyone at the White House , ever asked or suggested that you open an investigation of anyone ?
” “ Seems you ’ d remember something like that , and be able to tell us ” she said , when Barr hesitated to respond .
But her history as a prosecutor opened Harris up to criticism during the primary over issues like the state ’ s truancy policy — the threat of jail time for California parents whose kids missed school too frequently .
In 2014 , she @ @ @ @ @ @ @ a court ruling that found that the death penalty was unconstitutional .
Still , Harris has said she is personally against the death penalty , and declined to seek the punishment a decade earlier against a man who killed a police officer with an AK-47 — despite widespread pressure to do so , including from fellow Democrats such as Sen. Dianne Feinstein ( D-CA ) .
“ The context is really important , ” said Eric Schickler , professor of political science at UC Berkeley and co-director of the Institute of Governmental Studies @ @ @ @ @ @ @ be perceived as too far out-there , on the left , on those issues.
” “ What ’ s happened is essentially , the understanding of policing and prosecutors has shifted , especially among Democratic voters , ” he said .
Today , Schickler noted , Harris ’ politics as district attorney and attorney general are “ kind of out-of-step with the mood of the party now — though it was in-step at the time.
” Given Harris and Biden ’ s recent chumminess , it ’ s worth noting their more contentious @ @ @ @ @ @ @ clashed with Biden at times over his opposition to government-mandated busing programs , which were used to integrate schools .
“ There was a little girl in California who was part of the second class to integrate her public schools , and she was bused to school every day , ” Haris told Biden at a debate in July last year .
“ That little girl was me.
” Reporters subsequently noted that the busing program used by Harris ’ elementary school was voluntary , not mandatory .
As the Washington Post reported @ @ @ @ @ @ @ took aim at voluntary busing programs such as the one that took Harris to school in the 1970s.
” And while he was ( very publicly ) mulling Harris as a VP contender , Biden also repeatedly stressed that the debate scuffle was just that — a debate .
“ Do not hold grudges , ” read the notes under Harris ’ name on a notepad of Biden ’ s , captured last month by the Associated Press photographer Andrew Harnik .
“ Great respect for her.
” Though Harris was considered the @ @ @ @ @ @ @ nod , she had plenty of competition from other high-profile Democrats who the former vice president had vetted at length in recent months .
On Tuesday , several sent well wishes to Harris on Twitter .
Susan Rice , former President Barack Obama ’ s national security adviser and another top contender for the Biden running mate job , congratulated Harris and called her “ a tenacious and trailblazing leader who will make a great partner on the campaign trail.
” The debates also highlighted the age gap between the pair : Biden @ @ @ @ @ @ @ in elementary school .
The Democratic presidential nominee will turn 78 two weeks after Election Day and would be the oldest president in American history on the day of his inauguration .
( Trump turned 74 in June . )
“ A lot of voters are cognizant of his advanced age , ” Kondik said .
The Trump campaign ’ s attacks on this front will only underline the importance of a solid vice president .
Harris dropped out of the Democratic primary race in December and endorsed Biden in March , after @ @ @ @ @ @ @ South Carolina Democratic Primary and established himself as the alternative to Sen. Bernie Sanders ( I-VT ) .
“ I really believe in him , and I have known him for a long time , ” Harris said at the time .
“ One of the things that we need right now is we need a leader who really does care about the people and who can therefore unify the people , and I believe Joe can do that.
” Given the limited nature of Biden ’ s campaign — he doesn ’ @ @ @ @ @ @ @ his campaign has been severely curtailed by the COVID-19 pandemic — the vice presidential pick served not only as a way to amplify the candidate ’ s message , but also as a window into his decision-making process .
Harris was seen as a frontrunner for the VP slot both because she had already built a national following , and also because her views aren ’ t too out-of-line with Biden ’ s own .
And given Biden ’ s already-strong position in the race , Kondik noted , his vice presidential pick @ @ @ @ @ @ @ the electoral calculus.
” “ Biden wants the electoral calculus to remain as it is — with him leading .
”

Sen. Kamala Harris (D-CA) will be former Vice President Joe Biden’s running mate on the Democrats’ 2020 presidential ticket, Biden announced Tuesday.
The development came in a tweet from Biden:
Back when Kamala was Attorney General, she worked closely with Beau. I watched as they took on the big banks, lifted up working people, and protected women and kids from abuse. I was proud then, and I'm proud now to have her as my partner in this campaign. — Joe Biden (@JoeBiden) August 11, 2020
In a tweet of her own, Harris said she was honored to join the ticket.
.@JoeBiden can unify the American people because he's spent his life fighting for us. And as president, he'll build an America that lives up to our ideals. I'm honored to join him as our party's nominee for Vice President, and do what it takes to make him our Commander-in-Chief. — Kamala Harris (@KamalaHarris) August 11, 2020
In a press release accompanying the news, Biden’s campaign said that “Joe knows that Kamala will be ready to tackle the work that is needed to heal our country on Day One of the Biden-Harris Administration.”
“Joe knows that we can’t just return to the way things were – we have to build back better,” the campaign added. “From her track record of managing through multiple crises to standing up for the people who need it most, Joe knows that Kamala will be ready to tackle the work that is needed to heal our country on Day One of the Biden-Harris Administration.”
On Wednesday at a time to-be-announced, Biden and Harris will deliver remarks together in Delaware, the campaign said.
Former President Barack Obama, in a statement on the news, said Harris had “spent her career defending our Constitution and fighting for folks who need a fair shake.”
“Michelle and I couldn’t be more thrilled for Kamala, Doug, Cole and Ella,” he said, referring to the senator’s husband and kids. “This is a good day for our country. Now let’s go win this thing.”
Before Harris spoke a word as a part of the presidential ticket, she’d made history: The senator’s mother immigrated to the United States from India, and her father from Jamaica — making her both the first Black vice presidential candidate from a major political party in American history, as well as the first Asian American in that position.
Kicking off her own presidential campaign in January last year, Harris said she and her sister were “raised by a community with a deep belief in the promise of our country — and a deep understanding of the parts of that promise that still remain unfulfilled.”
As a political calculation, Biden’s pick of Harris could be a reflection of the lessons Democrats learned in 2016, specifically when it comes to Black voter turnout, said Kyle Kondik, managing editor of Sabato’s Crystal Ball at the University of Virginia.
Biden’s advantage over Hillary Clinton’s 2016 performance, at least according to current projections, is so far “almost entirely predicated on improvements with white voters,” Kondik said.
Choosing a Black running mate could help Biden in this regard, he said — “but we’ve never had a Black running mate before, so we ultimately don’t really know what the effect might be.”
President Donald Trump’s reelection campaign, reacting to the pick, said Harris had “embraced the left’s radical manifesto” during her own unsuccessful bid for the Democrats’ presidential nomination. Trump’s spokesperson, Katrina Pierson, said Biden announcing Harris as his running mate amounted to him “surrendering control of our nation to the radical mob.”
Prosecutor Turned Politician
Harris has a long record in public life that bolstered her case for the number two job, but also opened her up to attacks during the Democratic presidential primary.
She has served as California’s junior senator since 2017, and before that was California’s attorney general for six years and the San Francisco district attorney.
In the Senate, she’s made a name for herself with her tough questioning of witnesses before various committees.
When Attorney General Bill Barr appeared before the Senate Judiciary Committee in May last year, for example, Harris stumped him by asking — and then pressing for an answer when Barr evaded — whether “the President, or anyone at the White House, ever asked or suggested that you open an investigation of anyone?”
“Seems you’d remember something like that, and be able to tell us” she said, when Barr hesitated to respond.
But her history as a prosecutor opened Harris up to criticism during the primary over issues like the state’s truancy policy — the threat of jail time for California parents whose kids missed school too frequently.
In 2014, she drew criticism from the left for appealing a court ruling that found that the death penalty was unconstitutional. Still, Harris has said she is personally against the death penalty, and declined to seek the punishment a decade earlier against a man who killed a police officer with an AK-47 — despite widespread pressure to do so, including from fellow Democrats such as Sen. Dianne Feinstein (D-CA).
“The context is really important,” said Eric Schickler, professor of political science at UC Berkeley and co-director of the Institute of Governmental Studies. “She did not want to be perceived as too far out-there, on the left, on those issues.”
“What’s happened is essentially, the understanding of policing and prosecutors has shifted, especially among Democratic voters,” he said.
Today, Schickler noted, Harris’ politics as district attorney and attorney general are “kind of out-of-step with the mood of the party now — though it was in-step at the time.”
Primary Rivals
Given Harris and Biden’s recent chumminess, it’s worth noting their more contentious moments during the Democratic primary.
Harris clashed with Biden at times over his opposition to government-mandated busing programs, which were used to integrate schools.
“There was a little girl in California who was part of the second class to integrate her public schools, and she was bused to school every day,” Haris told Biden at a debate in July last year. “That little girl was me.”
Reporters subsequently noted that the busing program used by Harris’ elementary school was voluntary, not mandatory. As the Washington Post reported last year, “Biden never explicitly took aim at voluntary busing programs such as the one that took Harris to school in the 1970s.”
And while he was (very publicly) mulling Harris as a VP contender, Biden also repeatedly stressed that the debate scuffle was just that — a debate.
“Do not hold grudges,” read the notes under Harris’ name on a notepad of Biden’s, captured last month by the Associated Press photographer Andrew Harnik. “Great respect for her.”
Though Harris was considered the front runner for Biden’s VP nod, she had plenty of competition from other high-profile Democrats who the former vice president had vetted at length in recent months. On Tuesday, several sent well wishes to Harris on Twitter.
Susan Rice, former President Barack Obama’s national security adviser and another top contender for the Biden running mate job, congratulated Harris and called her “a tenacious and trailblazing leader who will make a great partner on the campaign trail.”
Sen. Elizabeth Warren (D-MA), another contender for the job, said she was “SO looking forward to seeing Kamala take on Mike Pence on the debate stage.”
A Crucial VP Pick
The debates also highlighted the age gap between the pair: Biden was writing federal law when Harris was in elementary school. The Democratic presidential nominee will turn 78 two weeks after Election Day and would be the oldest president in American history on the day of his inauguration. (Trump turned 74 in June.)
“A lot of voters are cognizant of his advanced age,” Kondik said. The Trump campaign’s attacks on this front will only underline the importance of a solid vice president.
Harris dropped out of the Democratic primary race in December and endorsed Biden in March, after the former vice president decisively won the South Carolina Democratic Primary and established himself as the alternative to Sen. Bernie Sanders (I-VT).
“I really believe in him, and I have known him for a long time,” Harris said at the time. “One of the things that we need right now is we need a leader who really does care about the people and who can therefore unify the people, and I believe Joe can do that.”
Given the limited nature of Biden’s campaign — he doesn’t currently hold elected office, and his campaign has been severely curtailed by the COVID-19 pandemic — the vice presidential pick served not only as a way to amplify the candidate’s message, but also as a window into his decision-making process.
Harris was seen as a frontrunner for the VP slot both because she had already built a national following, and also because her views aren’t too out-of-line with Biden’s own. And given Biden’s already-strong position in the race, Kondik noted, his vice presidential pick didn’t need to “change the electoral calculus.”
“Biden wants the electoral calculus to remain as it is — with him leading.”


talkingpointsmemo--2020-08-11--AZ Senator Implies Voters In DC And Puerto Rico Don’t Deserve Full Congressional Representation

Arizona Sen. Martha McSally ( R ) said Tuesday that if Democrats managed to gain control of the White House , the Senate and the House in November , the party would legislate statehood to both Puerto Rico and D.C. — a move that she said would be disastrous for Republicans .
“ They ’ re going to make D.C. and Puerto Rico a state and get four new Democrat Senators , ” McSally told NBC News in an interview Tuesday .
“ We ’ d never get the Senate back again.
” Some have criticized McSally ’ s remarks @ @ @ @ @ @ @ D.C. and Puerto Rico did not deserve the congressional representation of the 50 states .
The Republican senator ’ s comments come after the House voted in June , for the first time , to declare the city to be the nation ’ s 51st state , a milestone that backers say begins to challenge a long history of legislative injustice in the nation ’ s capital city .
However , the effort faces impossible odds in the Senate .
McSally ’ s comments appear to mirror those of President Donald Trump , @ @ @ @ @ @ @ Republic majority was reason to continue to suppress representation for voters in Washington , D.C. “ D.C .
will never be a state , ” Trump told the New York Post during an interview in May .
“ You mean District of Columbia , a state ?
Why ?
So we can have two more Democratic — Democrat senators and five more congressmen ?
No , thank you .
That ’ ll never happen.
” Senate Majority Leader Mitch McConnell ( R-KY ) dismissed the proposal last year , saying that D.C.-statehood advocates @ @ @ @ @ @ @ socialism ” to expand the Democratic caucus .
In a radio interview in 2018 , Trump stood firm on an “ absolute no ” for Puerto Rico ’ s statehood , citing his ongoing feud with San Juan Mayor Carmen Yulín Cruz who criticized his hurricane response .
Ironically , the current Puerto Rican delegate to Congress — resident commissioner Jenniffer Gonzalez — is a member of the Republic party .
McSally is considered among the most vulnerable GOP Senate incumbents facing re-election this year .
Last week , she told local radio @ @ @ @ @ @ @ “ will decide the Senate majority , ” adding with regards to her opponent former astronaut Mark Kelly that “ Arizona voters deserve to know where he stands.
” She expanded on that point on Tuesday , telling NBC News that this year ’ s election was a “ tipping point ” and that if Democrats win the White House , the Senate and the House “ they ’ re already saying they are going to ram through the most radical agenda we ’ ve seen in American history .
That is out @ @ @ @ @ @ @ said .

Arizona Sen. Martha McSally (R) said Tuesday that if Democrats managed to gain control of the White House, the Senate and the House in November, the party would legislate statehood to both Puerto Rico and D.C. — a move that she said would be disastrous for Republicans.
“They’re going to make D.C. and Puerto Rico a state and get four new Democrat Senators,” McSally told NBC News in an interview Tuesday. “We’d never get the Senate back again.”
Some have criticized McSally’s remarks as an implicit suggestion that voters in D.C. and Puerto Rico did not deserve the congressional representation of the 50 states.
The Republican senator’s comments come after the House voted in June, for the first time, to declare the city to be the nation’s 51st state, a milestone that backers say begins to challenge a long history of legislative injustice in the nation’s capital city. However, the effort faces impossible odds in the Senate.
McSally’s comments appear to mirror those of President Donald Trump, who suggested in May that maintaining a Republic majority was reason to continue to suppress representation for voters in Washington, D.C.
“D.C. will never be a state,” Trump told the New York Post during an interview in May. “You mean District of Columbia, a state? Why? So we can have two more Democratic — Democrat senators and five more congressmen? No, thank you. That’ll never happen.”
Senate Majority Leader Mitch McConnell (R-KY) dismissed the proposal last year, saying that D.C.-statehood advocates are pushing an agenda of “full-bore socialism” to expand the Democratic caucus.
In a radio interview in 2018, Trump stood firm on an “absolute no” for Puerto Rico’s statehood, citing his ongoing feud with San Juan Mayor Carmen Yulín Cruz who criticized his hurricane response.
Ironically, the current Puerto Rican delegate to Congress — resident commissioner Jenniffer Gonzalez — is a member of the Republic party.
McSally is considered among the most vulnerable GOP Senate incumbents facing re-election this year. Last week, she told local radio station KTAR News that the Arizona race “will decide the Senate majority,” adding with regards to her opponent former astronaut Mark Kelly that “Arizona voters deserve to know where he stands.”
She expanded on that point on Tuesday, telling NBC News that this year’s election was a “tipping point” and that if Democrats win the White House, the Senate and the House “they’re already saying they are going to ram through the most radical agenda we’ve seen in American history. That is out of step with Arizonans,” she said.


talkingpointsmemo--2020-08-11--Appellate Judges To DOJ: Is Court’s ‘Integrity’ At Stake In Flynn Dispute?

Multiple judges on the U.S. Court of Appeals for the D.C .
Circuit suggested Tuesday that the “ integrity ” of the judicial branch was at stake in the dispute between Michael Flynn and the judge presiding over Flynn ’ s case .
“ The integrity and the independence of the courts is also encroached here , ” Judge Cornelia Pillard told DOJ attorney Jeffrey Wall at Tuesday ’ s hearing , “ The separation of powers is protecting Article III courts , also.
” The full circuit court is currently considering whether Flynn ’ s judge , U.S. District @ @ @ @ @ @ @ to immediately dismiss Flynn ’ s case , now that the Justice Department wants it dropped , or if Sullivan has some discretion to further review the DOJ dismissal request .
Flynn initially asked that the appeals court intervene in Sullivan ’ s handling of the dismissal request .
But the Department is also arguing that any effort by Sulivan to probe the DOJ ’ s remarkable reversal in the case amounts to an unconstitutional infringement of the executive branch ’ s prosecutorial power .
Pillard was one of several judges who expressed @ @ @ @ @ @ @ court should be intervening in the trial judge ’ s proceedings at this stage .
The Justice Department insisted that Flynn ’ s judge had virtually no choice but to dismiss the prosecution — and the DOJ held firm to that line even in the face of hypotheticals posed by judges in which courts would have clear evidence that prosecutors had been bribed into dropping criminal cases .
The extraordinary showdown began after the Justice Department in May asked Sullivan to dismiss the Flynn prosecution , while claiming to have learned new information @ @ @ @ @ @ @ the case .
But instead of granting the motion immediately , Sullivan invited outside parties to act as so-called “ friends of the court ” to brief him on what to do next .
He appointed a retired judge , who , as a friend of the court , was tasked with opposing the dismissal request .
Rather than let this process play out , Flynn asked the appeals court to get involved and initially was successful in convincing a panel of appellate judges — two of the three of them GOP appointees @ @ @ @ @ @ @ case .
The full circuit court has put that order on hold as it rehears the dispute .
Based on the judges ’ comments on Thursday , the D.C .
Circuit appears likely to allow Sullivan to move forward with at least a limited look at the DOJ ’ s move to dismiss the case .
Judge Robert L. Wilkins raised a provocative hypothetical , involving nuns , high-level corruption , and the integrity of a judiciary caught in between .
In the hypothetical , a group of nuns approached a court , @ @ @ @ @ @ @ prosecutor taking a “ briefcase full of cash ” from a defendant .
What then should the court do , Wilkins asked , upon receiving a motion to dismiss resulting from the bribe ?
Flynn ’ s attorney Sidney Powell took the first whack at that question , saying that the judge would still have to dismiss the case but could refer the matter for prosecution .
Wilkins later adjusted the hypothetical to allow for the obvious next question : how could you refer a case about corruption at the Justice Department to @ @ @ @ @ @ @ , Wilkins proposed that it was a U.S. attorney or even the attorney general himself who was caught in the act of official bribery by a group of nuns .
Judge Millett then added one crucial detail to this thought experiment : what if the bribe took place in open court in view of the judge ?
Would that not render the court ’ s acceptance of a guilty plea part of the bribery scheme , “ sully [ ing ] the reputation of the court , ” in Millett ’ s words @ @ @ @ @ @ @ an obligation on the court to question what was going on ?
It fell to Wall , who is the acting U.S. solicitor general , to respond .
Throughout the hypotheticals , Wall maintained that questioning a Justice Department ’ s decision to drop charges in open court would deal “ irreparable harm to the executive branch , ” regardless of the circumstances .
He added that , in the DOJ ’ s view , there is “ no mechanism ” in the federal rules of criminal procedure for a judge to question @ @ @ @ @ @ @ regardless of the circumstances On that hypothetical , however , Wall contended that the question proved his broader point that anyone who had a problem with the Justice Department dropping charges against a friend of the President should seek a political , and not legal , remedy .
“ There ’ s a question about whether there ’ s been improper political influence , ” Wall said .
“ But that ’ s not the sort of thing the [ hypothetical ] gets at — that seems like clearly the sort of thing @ @ @ @ @ @ @ political channels.
” Throughout her exchange with Wall , Millett urged the acting solicitor general to put aside the potential for sanctions and other tools that could hold DOJ to account , and instead to focus on a dismissal request that would “ make a mockery of justice.
” “ The court wants to protect the integrity of the court and not grant the motion , ” she said , as that would make the court “ privy and party to closing the ” bribery deal the hypothetical laid out .
Millett , @ @ @ @ @ @ @ President Obama .
But even some GOP appointees on the court — who are outnumbered by Dem appointees on the full bench — had tough questions for the DOJ and its insistence that Sullivan had very limited power to even convene a hearing on a dismissal request .
“ What if the court is concerned about favoritism being displayed to a politically powerful defendant ?
Is that a proper reason to have a hearing ?
” Griffith said .

Multiple judges on the U.S. Court of Appeals for the D.C. Circuit suggested Tuesday that the “integrity” of the judicial branch was at stake in the dispute between Michael Flynn and the judge presiding over Flynn’s case.
“The integrity and the independence of the courts is also encroached here,” Judge Cornelia Pillard told DOJ attorney Jeffrey Wall at Tuesday’s hearing, “The separation of powers is protecting Article III courts, also.”
The full circuit court is currently considering whether Flynn’s judge, U.S. District Court Judge Emmet Sullivan, is obligated to immediately dismiss Flynn’s case, now that the Justice Department wants it dropped, or if Sullivan has some discretion to further review the DOJ dismissal request.
Flynn initially asked that the appeals court intervene in Sullivan’s handling of the dismissal request. But the Department is also arguing that any effort by Sulivan to probe the DOJ’s remarkable reversal in the case amounts to an unconstitutional infringement of the executive branch’s prosecutorial power.
Pillard was one of several judges who expressed skepticism about the idea that the appeals court should be intervening in the trial judge’s proceedings at this stage. The Justice Department insisted that Flynn’s judge had virtually no choice but to dismiss the prosecution — and the DOJ held firm to that line even in the face of hypotheticals posed by judges in which courts would have clear evidence that prosecutors had been bribed into dropping criminal cases.
The extraordinary showdown began after the Justice Department in May asked Sullivan to dismiss the Flynn prosecution, while claiming to have learned new information that made it doubt the strength of the case. But instead of granting the motion immediately, Sullivan invited outside parties to act as so-called “friends of the court” to brief him on what to do next. He appointed a retired judge, who, as a friend of the court, was tasked with opposing the dismissal request.
Rather than let this process play out, Flynn asked the appeals court to get involved and initially was successful in convincing a panel of appellate judges — two of the three of them GOP appointees — to order Sullivan to drop the case. The full circuit court has put that order on hold as it rehears the dispute. Based on the judges’ comments on Thursday, the D.C. Circuit appears likely to allow Sullivan to move forward with at least a limited look at the DOJ’s move to dismiss the case.
Judge Robert L. Wilkins raised a provocative hypothetical, involving nuns, high-level corruption, and the integrity of a judiciary caught in between.
In the hypothetical, a group of nuns approached a court, saying that they had secretly videotaped a prosecutor taking a “briefcase full of cash” from a defendant.
What then should the court do, Wilkins asked, upon receiving a motion to dismiss resulting from the bribe?
Flynn’s attorney Sidney Powell took the first whack at that question, saying that the judge would still have to dismiss the case but could refer the matter for prosecution.
Wilkins later adjusted the hypothetical to allow for the obvious next question: how could you refer a case about corruption at the Justice Department to the Justice Department?
In this case, Wilkins proposed that it was a U.S. attorney or even the attorney general himself who was caught in the act of official bribery by a group of nuns.
Judge Millett then added one crucial detail to this thought experiment: what if the bribe took place in open court in view of the judge? Would that not render the court’s acceptance of a guilty plea part of the bribery scheme, “sully[ing] the reputation of the court,” in Millett’s words? Would it not at least impose an obligation on the court to question what was going on?
It fell to Wall, who is the acting U.S. solicitor general, to respond. Throughout the hypotheticals, Wall maintained that questioning a Justice Department’s decision to drop charges in open court would deal “irreparable harm to the executive branch,” regardless of the circumstances. He added that, in the DOJ’s view, there is “no mechanism” in the federal rules of criminal procedure for a judge to question a motion to dismiss from prosecutors, regardless of the circumstances
On that hypothetical, however, Wall contended that the question proved his broader point that anyone who had a problem with the Justice Department dropping charges against a friend of the President should seek a political, and not legal, remedy.
“There’s a question about whether there’s been improper political influence,” Wall said. “But that’s not the sort of thing the [hypothetical] gets at — that seems like clearly the sort of thing that should be taken care of through political channels.”
Throughout her exchange with Wall, Millett urged the acting solicitor general to put aside the potential for sanctions and other tools that could hold DOJ to account, and instead to focus on a dismissal request that would “make a mockery of justice.”
“The court wants to protect the integrity of the court and not grant the motion,” she said, as that would make the court “privy and party to closing the” bribery deal the hypothetical laid out.
Millett, Pillard and Wilkins were all appointed by President Obama. But even some GOP appointees on the court — who are outnumbered by Dem appointees on the full bench — had tough questions for the DOJ and its insistence that Sullivan had very limited power to even convene a hearing on a dismissal request.
“What if the court is concerned about favoritism being displayed to a politically powerful defendant? Is that a proper reason to have a hearing?” Griffith said.
“No,” Wall said.


talkingpointsmemo--2020-08-11--Big Ten Conference Pulls The Plug On Football This Fall Amid COVID Pandemic

FILE - In this Oct. 26 , 2019 , file photo Massachusetts players enter the field for an NCAA college @ @ @ @ @ in Amherst , Mass .
Massachusetts is the latest school from the Football Bowl Subdiv @ @ @ @ @ Oct. 26 , 2019 , file photo Massachusetts players enter the field for an NCAA @ @ @ @ @ , in Amherst , Mass .
Massachusetts is the latest school from the Football Bowl @ @ @ @ @ s highest level , to cancel its fall season .
( AP Photo/Jessica Hill , @ @

FILE - In this Oct. 26, 2019, file photo Massachusetts players enter the field for an NCAA college football game against Connecticut, in Amherst, Mass. Massachusetts is the latest school from the Football Bowl Subdiv...
FILE - In this Oct. 26, 2019, file photo Massachusetts players enter the field for an NCAA college football game against Connecticut, in Amherst, Mass. Massachusetts is the latest school from the Football Bowl Subdivision, college football’s highest level, to cancel its fall season. (AP Photo/Jessica Hill, File)
MORE
LESS


talkingpointsmemo--2020-08-11--CNN: Biden Has Selected His Running Mate

Democratic presidential nominee Joe Biden has reportedly made a decision on who will appear on the ballot with him in @ @ @ @ @ that he will announce his running mate any moment .
According to a CNN report @ @ @ @ @ make the announcement as early as Tuesday .
NBC News also confirmed the news on @ @ @ @ @ familiar with the matter told CNN that Biden revealed to top advisers who he plans @ @ @ @ @ presidential bid .
The two sources confirmed to CNN that Biden is holding true to @ @ @ @ @ woman as his running mate .
CNN ’ s report comes a day after the @ @ @ @ @ that Biden could announce his decision as soon as Tuesday , although more Democrats expect @ @ @ @ @ Wednesday .
The Times also reported that people briefed on the selection process for Biden @ @ @ @ @ that the four-member committee involved in the vetting process completed its work and disbanded .

Democratic presidential nominee Joe Biden has reportedly made a decision on who will appear on the ballot with him in the November election amid speculation that he will announce his running mate any moment.
According to a CNN report, Biden is set to make the announcement as early as Tuesday. NBC News also confirmed the news on Tuesday afternoon.
Two people familiar with the matter told CNN that Biden revealed to top advisers who he plans to invite to join his presidential bid. The two sources confirmed to CNN that Biden is holding true to his commitment to choosing a woman as his running mate.
CNN’s report comes a day after the New York Times first reported that Biden could announce his decision as soon as Tuesday, although more Democrats expect a public public announcement on Wednesday. The Times also reported that people briefed on the selection process for Biden’s VP pick said that the four-member committee involved in the vetting process completed its work and disbanded.


talkingpointsmemo--2020-08-11--Case Closed: MI Judge Removes Grace, Black Teen Jailed for Not Doing Online Schoolwork, From Probati

Case Closed: MI Judge Removes Grace, Black Teen Jailed for Not Doing Online Schoolwork, From Probation

This article first appeared in ProPublica Illinois , an independent , nonprofit newsroom that produces investigative journalism with moral force .
Sign up for The ProPublica Illinois newsletter for weekly updates .
A Michigan family court judge on Tuesday terminated the probation and closed the case of Grace , the teenager whose detention drew national scrutiny after a ProPublica Illinois story detailed her case last month .
The 15-year-old girl had been sent to a juvenile facility amid the COVID-19 pandemic in mid-May for violating her probation when she didn ’ t do her online schoolwork .
She was on @ @ @ @ @ @ @ against her mother and theft of a classmate ’ s cellphone .
In a 20-minute court hearing that was livestreamed , Oakland County Judge Mary Ellen Brennan adopted a caseworker ’ s recommendation that Grace be released from probation and that her case be closed .
The hearing followed a July 31 ruling by the Michigan Court of Appeals that ordered Grace ’ s release from Children ’ s Village , the facility in suburban Detroit where she had been held since May 14 — first in secure detention and then in a @ @ @ @ @ @ @ the court is hopeful that [ Grace ] has the tools and does make different choices in her home and at school , ” Brennan said .
She said court involvement is “ appropriately terminated.
” “ I wish this family well , ” she said .
Grace ’ s mother , in a brief phone call after the hearing , said she and her daughter will “ regroup on the goals that we have set for each other ” and also “ celebrate in some way.
” “ To say that we @ @ @ @ @ @ @ understatement , ” the mother , Charisse , said in a statement .
“ While it was an unfortunate and painful process , it has resulted in Grace finally and permanently returning home to her family.
” The hearing began with Grace ’ s attorneys asking that Brennan recuse herself from the case , citing past “ callous conduct ” including a mid-July hearing in which the judge “ publicly lambasted ” Grace and denied a request to release her from Children ’ s Village .
Grace ’ s attorneys then appealed to @ @ @ @ @ @ @ her sent home to her mother with the probation conditions that Brennan had set in April .
Grace ’ s next hearing was scheduled for Sept. 8 , but Brennan set Tuesday ’ s “ accelerated review hearing ” after the Court of Appeals decision .
Brennan denied Grace ’ s attorneys ’ request to recuse herself from the case .
Instead , she defended her prior decision to place Grace at Children ’ s Village , saying the long-term program was “ designed to create a sustained change in behavioral patterns.
” @ @ @ @ @ @ @ that program and had received therapy and was working with a county animal shelter to prepare dogs for adoption .
“ The Court of Appeals order interrupted that treatment plan and damage to that plan has been done that can not be repaired by this court , ” Brennan said .
She recounted the family ’ s prior involvement with the police and child welfare officials .
But Grace ’ s new caseworker overseeing her probation , Eddie Herron , said he has spoken with the family regularly since the girl ’ s @ @ @ @ @ @ @ to the court , said that she “ has been doing very well , ” following all rules and taking part in therapy .
Brennan said the report indicates that since her release , “ mom has picked up the ball and is moving forward in terms of meeting her needs in the home setting.
” Prosecutor Justin Chmielewski said the office did not take a position on Herron ’ s recommendation , and Grace ’ s attorneys asked that it be adopted .
Charisse told the judge that she would keep therapy @ @ @ @ @ @ @ to a question from Brennan about whether she had the “ situation under control , ” she responded “ yes.
” Grace “ indicated she has learned tremendously from her mistakes in the past , ” according to Herron ’ s report , obtained by ProPublica Illinois .
“ She and her mother both indicated they have moved forward and have a positive relationship.
” Grace ’ s case drew national scrutiny over concerns about the juvenile justice system , systemic racism and holding a teenager accountable for schoolwork during the pandemic .
@ @ @ @ @ @ @ ADHD , struggled with her online schoolwork when Birmingham Public Schools abruptly shifted to remote learning when schools closed because of COVID-19 .
After the ProPublica Illinois investigation of her case , Michigan lawmakers and school board members called for the girl ’ s release , more than 300,000 people signed an online petition and members of Congress asked the U.S. departments of Education and Justice to intervene .
There were several protests outside the courthouse where the case was heard .
On Tuesday , Herron told the judge that , since Grace @ @ @ @ @ @ @ worked “ diligently ” on setting up individual and family therapy , a parent education class , and other services .
He said he was “ fully confident ” that Grace and her mother are committed to moving forward .
“ They both realize the importance of making positive decisions , ” Herron told the judge .
“ At this point , I think it is best for the family to move forward and utilize the tools with the support in place in the community.
” ProPublica is using middle names for the @ @ @ @ @ @ @ identities .

This article first appeared in ProPublica Illinois, an independent, nonprofit newsroom that produces investigative journalism with moral force. Sign up for The ProPublica Illinois newsletter for weekly updates.
A Michigan family court judge on Tuesday terminated the probation and closed the case of Grace, the teenager whose detention drew national scrutiny after a ProPublica Illinois story detailed her case last month.
The 15-year-old girl had been sent to a juvenile facility amid the COVID-19 pandemic in mid-May for violating her probation when she didn’t do her online schoolwork. She was on probation for charges last year of assault against her mother and theft of a classmate’s cellphone.
In a 20-minute court hearing that was livestreamed, Oakland County Judge Mary Ellen Brennan adopted a caseworker’s recommendation that Grace be released from probation and that her case be closed. The hearing followed a July 31 ruling by the Michigan Court of Appeals that ordered Grace’s release from Children’s Village, the facility in suburban Detroit where she had been held since May 14 — first in secure detention and then in a treatment program.
“Going forward, the court is hopeful that [Grace] has the tools and does make different choices in her home and at school,” Brennan said. She said court involvement is “appropriately terminated.”
“I wish this family well,” she said.
Grace’s mother, in a brief phone call after the hearing, said she and her daughter will “regroup on the goals that we have set for each other” and also “celebrate in some way.”
“To say that we are pleased with the outcome is an understatement,” the mother, Charisse, said in a statement. “While it was an unfortunate and painful process, it has resulted in Grace finally and permanently returning home to her family.”
The hearing began with Grace’s attorneys asking that Brennan recuse herself from the case, citing past “callous conduct” including a mid-July hearing in which the judge “publicly lambasted” Grace and denied a request to release her from Children’s Village. Grace’s attorneys then appealed to the Court of Appeals, which ordered her sent home to her mother with the probation conditions that Brennan had set in April.
Grace’s next hearing was scheduled for Sept. 8, but Brennan set Tuesday’s “accelerated review hearing” after the Court of Appeals decision. Brennan denied Grace’s attorneys’ request to recuse herself from the case. Instead, she defended her prior decision to place Grace at Children’s Village, saying the long-term program was “designed to create a sustained change in behavioral patterns.” She said Grace was making progress in that program and had received therapy and was working with a county animal shelter to prepare dogs for adoption.
“The Court of Appeals order interrupted that treatment plan and damage to that plan has been done that cannot be repaired by this court,” Brennan said. She recounted the family’s prior involvement with the police and child welfare officials.
But Grace’s new caseworker overseeing her probation, Eddie Herron, said he has spoken with the family regularly since the girl’s release and, in a four-page report to the court, said that she “has been doing very well,” following all rules and taking part in therapy. Brennan said the report indicates that since her release, “mom has picked up the ball and is moving forward in terms of meeting her needs in the home setting.”
Prosecutor Justin Chmielewski said the office did not take a position on Herron’s recommendation, and Grace’s attorneys asked that it be adopted. Charisse told the judge that she would keep therapy appointments for her daughter and, responding to a question from Brennan about whether she had the “situation under control,” she responded “yes.”
Grace “indicated she has learned tremendously from her mistakes in the past,” according to Herron’s report, obtained by ProPublica Illinois. “She and her mother both indicated they have moved forward and have a positive relationship.”
Grace’s case drew national scrutiny over concerns about the juvenile justice system, systemic racism and holding a teenager accountable for schoolwork during the pandemic. Grace, who is Black and has ADHD, struggled with her online schoolwork when Birmingham Public Schools abruptly shifted to remote learning when schools closed because of COVID-19.
After the ProPublica Illinois investigation of her case, Michigan lawmakers and school board members called for the girl’s release, more than 300,000 people signed an online petition and members of Congress asked the U.S. departments of Education and Justice to intervene. There were several protests outside the courthouse where the case was heard.
On Tuesday, Herron told the judge that, since Grace’s release, her mother has worked “diligently” on setting up individual and family therapy, a parent education class, and other services. He said he was “fully confident” that Grace and her mother are committed to moving forward.
“They both realize the importance of making positive decisions,” Herron told the judge. “At this point, I think it is best for the family to move forward and utilize the tools with the support in place in the community.”
ProPublica is using middle names for the teenager and her mother to protect their identities.


talkingpointsmemo--2020-08-11--Trump Absurdly Claims Americans Will Have To Learn Chinese If Biden Wins

President Trump piled onto his ongoing tear against Democratic presidential nominee Joe Biden on Tuesday morning by baselessly claiming that Americans will be forced to learn Chinese if the former VP wins the election .
During an interview with conservative radio host Hugh Hewitt on Tuesday morning , Trump repeatedly referred to the coronavirus as the “ China virus ” and “ China plague ” before claiming that the country will “ own ” the U.S. if he doesn ’ t win the November election .
“ Look , China will own the United States if this election is lost @ @ @ @ @ @ @ .
“ If I don ’ t win the election , China will own the United States.
” The President then audaciously claimed , without evidence , that Americans will “ have to learn to speak Chinese ” in the aftermath of Biden ’ s win .
When Hewitt attempted to ask Trump about whether Hunter Biden will come up during presidential debates against the former VP , the President reiterated his absurd claim that Americans would have to learn Chinese “ fast ” if Biden wins because China will “ own the @ @ @ @ @ @ @ rapid response Andrew Bates told TPM in a statement on Tuesday that Trump is “ the weakest president in American history with respect to China.
” Bates slammed Trump over his downplaying the threat of the coronavirus and argued that Trump is at fault for diminishing the U.S. ’ s position against China .
“ He has hurt our alliances , left a vacuum in the world for China to fill , offered support for concentration camps , prostrated himself to ask for a re-election bailout , and leveled the strong economy we @ @ @ @ @ @ @ “ That is precisely why numerous Chinese officials are openly pulling for Donald Trump to win , and why the American people absolutely can ’ t afford that outcome.
” In another Tuesday morning interview that aired on Fox Sports Radio , Trump tore into Biden amid speculation that Biden will announce his vice presidential pick midweek .
The President suggested that men may be “ insulted ” if Biden followed through on his commitment to choosing a woman as his running mate .
“ He said that and , you know , @ @ @ @ @ @ @ insulted by that , ” Trump said on Fox Sports Radio .
“ And some people would say it ’ s fine .
I don ’ t know .
”

President Trump piled onto his ongoing tear against Democratic presidential nominee Joe Biden on Tuesday morning by baselessly claiming that Americans will be forced to learn Chinese if the former VP wins the election.
During an interview with conservative radio host Hugh Hewitt on Tuesday morning, Trump repeatedly referred to the coronavirus as the “China virus” and “China plague” before claiming that the country will “own” the U.S. if he doesn’t win the November election.
“Look, China will own the United States if this election is lost by Donald Trump,” Trump said. “If I don’t win the election, China will own the United States.”
The President then audaciously claimed, without evidence, that Americans will “have to learn to speak Chinese” in the aftermath of Biden’s win.
When Hewitt attempted to ask Trump about whether Hunter Biden will come up during presidential debates against the former VP, the President reiterated his absurd claim that Americans would have to learn Chinese “fast” if Biden wins because China will “own the United States.”
Biden campaign director of rapid response Andrew Bates told TPM in a statement on Tuesday that Trump is “the weakest president in American history with respect to China.”
Bates slammed Trump over his downplaying the threat of the coronavirus and argued that Trump is at fault for diminishing the U.S.’s position against China.
“He has hurt our alliances, left a vacuum in the world for China to fill, offered support for concentration camps, prostrated himself to ask for a re-election bailout, and leveled the strong economy we left him,” Bates said. “That is precisely why numerous Chinese officials are openly pulling for Donald Trump to win, and why the American people absolutely can’t afford that outcome.”
In another Tuesday morning interview that aired on Fox Sports Radio, Trump tore into Biden amid speculation that Biden will announce his vice presidential pick midweek. The President suggested that men may be “insulted” if Biden followed through on his commitment to choosing a woman as his running mate.
“He said that and, you know, some people would say that men are insulted by that,” Trump said on Fox Sports Radio. “And some people would say it’s fine. I don’t know.”
Listen to Trump’s remarks here.


talkingpointsmemo--2020-08-11--Trump Explains Why He Hasn’t Hosted An Official Campaign Rally Since Tulsa Fail

President Donald Trump suggested on Tuesday that he won ’ t be holding rallies since the optics of low attendance amid calls to observe social distancing guidelines — that he has largely ignored in the past — wouldn ’ t look very good .
“ You can ’ t have empty seats , ” Trump told Fox Sports Radio ’ s Clay Travis , suggesting that the sparkling optics of sporting events like college football would be lost following calls to limit attendance at large gatherings due to coronavirus concerns .
Trump seized the opportunity to suggest that guidelines for @ @ @ @ @ @ @ why he “ won ’ t do ” the campaign rallies that have been a hallmark of his political strategy .
The rallies were once packed with participants but have made news in recent months for another reason — failing to attract the crowds of the past as promised by his campaign advisers .
“ You have one person and everything ’ s empty around them .
You can ’ t do that , ” Trump said , explaining why he probably won ’ t be holding more rallies like the one in @ @ @ @ @ @ @ attended .
Trump last month cancelled a rally in New Hampshire , citing concerns over a tropical storm that was not anticipated to reach his campaign location in Portsmouth .
Some speculated that the event ’ s cancellation was tied to the ridicule the President faced weeks before , after hosting a widely criticized Tulsa rally in June that boasted more than 1 million registrations , according to then-campaign manager Brad Parscale , but ultimately only filled about one-third of the arena ’ s 19,000 seats .
Following the scant attendance at his @ @ @ @ @ @ @ , Trump unofficially took part in what looked a lot like a campaign event that was slated as an official White House trip in June , delivering a speech at an event hosted by Students for Trump at a Phoenix megachurch .
Under the guise of official presidential business , Trump has also traveled to battleground states like Pennsylvania , Michigan , Wisconsin and Ohio , using those visits to boost his campaign prospects and blur the lines between his commitments as President and his motives as a candidate desperate to shore up @ @ @ @ @ @ @ numbers .
While Trump has teased Democratic presidential nominee Joe Biden , who recently announced that he would not travel to Milwaukee to deliver his acceptance speech and has launched a largely virtual campaign strategy , Trump has leveraged official presidential events as a platform for his campaign , even playing campaign-style videos in the White House briefing room .
Trump has long pushed the importance of outsized optics for his re-election , even suggesting recently that he would “ probably ” deliver his acceptance speech for the Republican nomination from White House @ @ @ @ @ @ @ by Democratic and Republican lawmakers alike .
On Monday , he said that either the White House or the Civil War battlefield in Gettysburg , Pennsylvania would form the backdrop to his acceptance speech .

President Donald Trump suggested on Tuesday that he won’t be holding rallies since the optics of low attendance amid calls to observe social distancing guidelines — that he has largely ignored in the past — wouldn’t look very good.
“You can’t have empty seats,” Trump told Fox Sports Radio’s Clay Travis, suggesting that the sparkling optics of sporting events like college football would be lost following calls to limit attendance at large gatherings due to coronavirus concerns.
Trump seized the opportunity to suggest that guidelines for social distancing was “the reason” why he “won’t do” the campaign rallies that have been a hallmark of his political strategy. The rallies were once packed with participants but have made news in recent months for another reason — failing to attract the crowds of the past as promised by his campaign advisers.
“You have one person and everything’s empty around them. You can’t do that,” Trump said, explaining why he probably won’t be holding more rallies like the one in Tulsa in June that was embarrassingly poorly attended.
Trump last month cancelled a rally in New Hampshire, citing concerns over a tropical storm that was not anticipated to reach his campaign location in Portsmouth. Some speculated that the event’s cancellation was tied to the ridicule the President faced weeks before, after hosting a widely criticized Tulsa rally in June that boasted more than 1 million registrations, according to then-campaign manager Brad Parscale, but ultimately only filled about one-third of the arena’s 19,000 seats.
Following the scant attendance at his first in-person rally in months in Oklahoma, Trump unofficially took part in what looked a lot like a campaign event that was slated as an official White House trip in June, delivering a speech at an event hosted by Students for Trump at a Phoenix megachurch.
Under the guise of official presidential business, Trump has also traveled to battleground states like Pennsylvania, Michigan, Wisconsin and Ohio, using those visits to boost his campaign prospects and blur the lines between his commitments as President and his motives as a candidate desperate to shore up support from his base amid unfavorable poll numbers.
While Trump has teased Democratic presidential nominee Joe Biden, who recently announced that he would not travel to Milwaukee to deliver his acceptance speech and has launched a largely virtual campaign strategy, Trump has leveraged official presidential events as a platform for his campaign, even playing campaign-style videos in the White House briefing room.
Trump has long pushed the importance of outsized optics for his re-election, even suggesting recently that he would “probably” deliver his acceptance speech for the Republican nomination from White House grounds, a suggestion that was criticized by Democratic and Republican lawmakers alike. On Monday, he said that either the White House or the Civil War battlefield in Gettysburg, Pennsylvania would form the backdrop to his acceptance speech.


talkingpointsmemo--2020-08-12--Omar Defeats Melton-Meaux In Final ‘Squad’ Primary Win

Minnesota Rep. Ilhan Omar ( D ) defeated a well-funded primary challenger on Tuesday in a final win for the progressive “ Squad ” of first-term Democratic congresswomen of color .
Early Wednesday , Omar was leading her top opponent , Antone Melton-Meaux , by roughly 18 percentage points according to The New York Times .
“ In Minnesota , we know that organized people will always beat organized money , ” Omar tweeted as results emerged Tuesday night .
“ Tonight , our movement didn ’ t just win .
We earned a mandate for change .
Despite outside @ @ @ @ @ @ @ again broke turnout records .
Despite the attacks , our support has only grown.
” In 2018 , Omar created a wave of firsts , becoming the first Somali-American to be elected to Congress and was also the first of two Muslim women elected to Congress that year .
She was also the first woman of color from Minnesota to win a seat .
But Omar faced criticism from some Democrats , including House Speaker Nancy Pelosi ( D-CA ) particularly in 2019 after she was accused of making anti-Semitic remarks .
Although @ @ @ @ @ @ @ said in an interview , that Omar ’ s past comments had created “ a lack of trust ” in the Jewish community that she had not yet fully repaired .
Melton-Meaux won an endorsement from The Star Tribune and scored financial support from national groups , including pro-Israel political action committees .
During the second quarter of 2020 , he had raised six times as much Omar .
He also attacked the incumbent for what he saw as attempts to claim the lime light and grow a national profile .
In an @ @ @ @ @ @ @ accused Omar of being “ focused on her own personal pursuits and celebrity to the detriment of the work that needs to be done.
” But while fighting to keep her seat , prominent progressives like Sens .
Bernie Sanders ( VT ) and Elizabeth Warren ( MA ) threw support behind Omar .
Pelosi and fellow Squad member , Rep. Alexandria Ocasio-Cortez ( NY ) also backed the progressive lawmaker .
The police killing of George Floyd in Minneapolis in May that sparked civil unrest in the state for weeks , led @ @ @ @ @ @ @ of racial justice .
Omar took her platform a step further than her opponent , by embracing calls to restructure the Police Department and divert money from law enforcement to social services .
Omar ’ s primary success in the blue district on Tuesday means that she is very likely to serve a second term in Congress .

Minnesota Rep. Ilhan Omar (D) defeated a well-funded primary challenger on Tuesday in a final win for the progressive “Squad” of first-term Democratic congresswomen of color.
Early Wednesday, Omar was leading her top opponent, Antone Melton-Meaux, by roughly 18 percentage points according to The New York Times.
“In Minnesota, we know that organized people will always beat organized money,” Omar tweeted as results emerged Tuesday night. “Tonight, our movement didn’t just win. We earned a mandate for change. Despite outside efforts to defeat us, we once again broke turnout records. Despite the attacks, our support has only grown.”
In 2018, Omar created a wave of firsts, becoming the first Somali-American to be elected to Congress and was also the first of two Muslim women elected to Congress that year. She was also the first woman of color from Minnesota to win a seat.
But Omar faced criticism from some Democrats, including House Speaker Nancy Pelosi (D-CA) particularly in 2019 after she was accused of making anti-Semitic remarks.
Although she apologized, her primary opponent Melton-Meaux said in an interview, that Omar’s past comments had created “a lack of trust” in the Jewish community that she had not yet fully repaired.
Melton-Meaux won an endorsement from The Star Tribune and scored financial support from national groups, including pro-Israel political action committees. During the second quarter of 2020, he had raised six times as much Omar. He also attacked the incumbent for what he saw as attempts to claim the lime light and grow a national profile.
In an interview with Minnesota Public Radio, Melton-Meaux accused Omar of being “focused on her own personal pursuits and celebrity to the detriment of the work that needs to be done.”
But while fighting to keep her seat, prominent progressives like Sens. Bernie Sanders (VT) and Elizabeth Warren (MA) threw support behind Omar. Pelosi and fellow Squad member, Rep. Alexandria Ocasio-Cortez (NY) also backed the progressive lawmaker.
The police killing of George Floyd in Minneapolis in May that sparked civil unrest in the state for weeks, led both Omar and Melton-Meaux to push messages of racial justice. Omar took her platform a step further than her opponent, by embracing calls to restructure the Police Department and divert money from law enforcement to social services.
Omar’s primary success in the blue district on Tuesday means that she is very likely to serve a second term in Congress.


talkingpointsmemo--2020-08-12--QAnon Supporter Marjorie Greene Wins Runoff, Headed To Congress

Businesswoman Marjorie Greene triumphed over neurosurgeon John Cowan in a Republican runoff for Georgia ’ s 14th district Tuesday , clearing the path for her to become Congress ’ first open supporter of the QAnon conspiracy theory .
Georgia ’ s 14th district is deeply red , making it unlikely that Greene will be picked off by Kevin Van Ausdal , the Democratic candidate , in November .
Greene is positioned to win the seat despite some pushback from national Republicans in June after videos capturing her racist and Islamophobic musings were unearthed .
“ The comments made by Ms. @ @ @ @ @ @ @ reflect the values of equality and decency that make our country great , ” House Minority Whip Steve Scalise ( R-LA ) said in a statement at the time .
“ I will be supporting Dr. Cowan.
” But after the initial flurry of outrage , sparked by a fear that Greene could become a new , embarrassing , Steve King–like figure in Congress , national Republicans largely let the race play out without their intervention .
“ Based on what I ’ ve seen , the initial statements by Republicans ( where @ @ @ @ @ @ @ or whatever ) were just to cover their asses , ” Jeffrey Lewis Lazarus , a political science professor at Georgia State University , told TPM by email .
“ No big GOP names or groups have stepped in to significantly help Cowan — I think maybe Steve Scalise held one fundraiser for him , but that ’ s it.
” ( Scalise did , in late July ) .
Cowan did make an individual push after the first round of the primary , and seemed to breathe some life into his campaign @ @ @ @ @ @ @ “ Cowan definitely raised enough money to be competitive ( at least in theory ) , and I suspect the attention he ’ s gotten from national GOPers helped him that , ” said Dan Judy , Vice President of North Star Opinion Research , a consultancy for Republican candidates .
But no big outside groups poured funding into the campaign , with the Club for Growth in particular taking a look at the race but ultimately deciding neither to invest in it nor to endorse Cowan , according to Politico .
And @ @ @ @ @ @ @ a McCarthy spokesman said he found Greene ’ s bigoted sentiments “ appalling ” — seems to have faded .
A spokesman for House Minority Leader Kevin McCarthy ( R-CA ) told Politico this week that he ’ d spoken on the phone with the candidates recently and has a “ good and productive relationship with both.
” “ Kevin McCarthy has been completely silent on the issue since that first day , and that sends a huge signal to the rest of the conference that he ’ s willing to tolerate her @ @ @ @ @ @ @ And that probably says something about where the GOP is right now — they need the far-right/QAnon voters that Greene appeals to in order to stay competitive nationally .
McCarthy can ’ t afford to alienate them.
” QAnon Loyalty Goes Beyond The Conspiracy The fact that the Republican party has any qualms about alienating QAnon candidates and their supporters is , on its face , startling .
The most extreme QAnon acolytes believe that major Democratic and pop culture figures who are working to undermine President Donald Trump are Satanists and pedophiles @ @ @ @ @ @ @ an association with QAnon — often expressed with the initial of the movement ’ s anonymous leader , Q , or the motto “ where we go one we go all ” — may have morphed into a shorthand for other loyalties .
“ My hypothesis is that it ’ s a mode of expressing loyalty to Trump more than it is an affirmation of one ’ s belief in a set of propositions , ” Russel Muirhead , chair of Dartmouth University ’ s government department , told TPM .
“ I @ @ @ @ @ @ @ QAnon is massive — everything from Hillary and George Soros running child sex rings to JFK rising from the dead.
” “ I don ’ t think people holding up a Q sign at a Trump rally have really invested thought about the myriad propositions involved in QAnon , ” he added .
“ I think it ’ s a way of saying , ‘ we think Trump is good.
’ ” Some of the beliefs of the average QAnon adherent , Mark Fenster , professor at the University of Florida Law School @ @ @ @ @ @ @ different than what a run-of-the-mill Republican believes .
“ The policy positions that QAnon leads you to — gun rights , antipathy towards the left and socialists , hatred of the Clintons — that ’ s mainstream Republican party stuff , ” he said .
If QAnon loyalty means more than the core bizarre beliefs of the theory , Greene ’ s public support of it and Republican leadership ’ s hesitancy to denounce her makes more sense .
“ Whether you ’ re signaling a belief in Q specifically we don ’ @ @ @ @ @ @ @ ’ re alternatively signaling support and allegiance to the current President , ” said Joanne Miller , professor of political science at the University of Delaware .
“ You ’ re also signaling that ‘ I ’ m an outsider , a populist , just like you and not one of the establishment.
’ ” And of course , QAnon ’ s entry into mainstream Republican politics wouldn ’ t have been possible without this particular President .
Trump frequently winks at the conspiracy theory from his Twitter , and tweeted his personal @ @ @ @ @ @ @ ahead in the first round of the primary .
“ He ’ s notorious for liking anyone who likes him , ” Fenster said .
“ So the fact that QAnon portrays him as the savior of the country — he likes that.
” Greene , once she takes her seat , is likely to be a staunch Trump ally .
So would Lauren Boebert in Colorado ’ s 3rd district , a QAnon-curious candidate who is likely to win her election .
But their longevity in Congress , as well as the @ @ @ @ @ @ @ there , is still very much in doubt .
“ They will be junior congress members — they ’ re not gon na get committee assignments that put them in powerful positions because Republican leadership is not gon na give it to them , ” Miller said .
“ And in two years , they will be primaried .
”

Businesswoman Marjorie Greene triumphed over neurosurgeon John Cowan in a Republican runoff for Georgia’s 14th district Tuesday, clearing the path for her to become Congress’ first open supporter of the QAnon conspiracy theory.
The GOP establishment, the media, & the radical left, spent months & millions of dollars attacking me. Tonight the people of Georgia stood up & said that we will not be intimidated or believe those lies I’m excited to be the next Congresswoman of GA 14 God bless America ?? — Marjorie Taylor Greene For Congress?? (@mtgreenee) August 12, 2020
Georgia’s 14th district is deeply red, making it unlikely that Greene will be picked off by Kevin Van Ausdal, the Democratic candidate, in November.
Greene is positioned to win the seat despite some pushback from national Republicans in June after videos capturing her racist and Islamophobic musings were unearthed.
“The comments made by Ms. Greene are disgusting and don’t reflect the values of equality and decency that make our country great,” House Minority Whip Steve Scalise (R-LA) said in a statement at the time. “I will be supporting Dr. Cowan.”
But after the initial flurry of outrage, sparked by a fear that Greene could become a new, embarrassing, Steve King–like figure in Congress, national Republicans largely let the race play out without their intervention.
“Based on what I’ve seen, the initial statements by Republicans (where they said they were ‘appalled’ or whatever) were just to cover their asses,” Jeffrey Lewis Lazarus, a political science professor at Georgia State University, told TPM by email. “No big GOP names or groups have stepped in to significantly help Cowan — I think maybe Steve Scalise held one fundraiser for him, but that’s it.” (Scalise did, in late July).
Cowan did make an individual push after the first round of the primary, and seemed to breathe some life into his campaign after finishing nearly 20 points down. “Cowan definitely raised enough money to be competitive (at least in theory), and I suspect the attention he’s gotten from national GOPers helped him that,” said Dan Judy, Vice President of North Star Opinion Research, a consultancy for Republican candidates.
But no big outside groups poured funding into the campaign, with the Club for Growth in particular taking a look at the race but ultimately deciding neither to invest in it nor to endorse Cowan, according to Politico.
And some of Republicans’ initial disgust — a McCarthy spokesman said he found Greene’s bigoted sentiments “appalling” — seems to have faded. A spokesman for House Minority Leader Kevin McCarthy (R-CA) told Politico this week that he’d spoken on the phone with the candidates recently and has a “good and productive relationship with both.”
“Kevin McCarthy has been completely silent on the issue since that first day, and that sends a huge signal to the rest of the conference that he’s willing to tolerate her views,” Lazarus said. ”And that probably says something about where the GOP is right now — they need the far-right/QAnon voters that Greene appeals to in order to stay competitive nationally. McCarthy can’t afford to alienate them.”
QAnon Loyalty Goes Beyond The Conspiracy
The fact that the Republican party has any qualms about alienating QAnon candidates and their supporters is, on its face, startling. The most extreme QAnon acolytes believe that major Democratic and pop culture figures who are working to undermine President Donald Trump are Satanists and pedophiles bound for trial and execution.
But an association with QAnon — often expressed with the initial of the movement’s anonymous leader, Q, or the motto “where we go one we go all” — may have morphed into a shorthand for other loyalties.
“My hypothesis is that it’s a mode of expressing loyalty to Trump more than it is an affirmation of one’s belief in a set of propositions,” Russel Muirhead, chair of Dartmouth College’s government department, told TPM. “I mean, the set of propositions in QAnon is massive — everything from Hillary and George Soros running child sex rings to JFK rising from the dead.”
“I don’t think people holding up a Q sign at a Trump rally have really invested thought about the myriad propositions involved in QAnon,” he added. “I think it’s a way of saying, ‘we think Trump is good.’”
Some of the beliefs of the average QAnon adherent, Mark Fenster, professor at the University of Florida Law School, added, are not all that different than what a run-of-the-mill Republican believes.
“The policy positions that QAnon leads you to — gun rights, antipathy towards the left and socialists, hatred of the Clintons — that’s mainstream Republican party stuff,” he said.
If QAnon loyalty means more than the core bizarre beliefs of the theory, Greene’s public support of it and Republican leadership’s hesitancy to denounce her makes more sense.
“Whether you’re signaling a belief in Q specifically we don’t know, but I think you’re alternatively signaling support and allegiance to the current President,” said Joanne Miller, professor of political science at the University of Delaware. “You’re also signaling that ‘I’m an outsider, a populist, just like you and not one of the establishment.’”
And of course, QAnon’s entry into mainstream Republican politics wouldn’t have been possible without this particular President.
Trump frequently winks at the conspiracy theory from his Twitter, and tweeted his personal congratulations to Greene after she came out ahead in the first round of the primary.
“He’s notorious for liking anyone who likes him,” Fenster said. “So the fact that QAnon portrays him as the savior of the country — he likes that.”
Greene, once she takes her seat, is likely to be a staunch Trump ally. So would Lauren Boebert in Colorado’s 3rd district, a QAnon-curious candidate who is likely to win her election. But their longevity in Congress, as well as the power they’d have once installed there, is still very much in doubt.
“They will be junior congress members — they’re not gonna get committee assignments that put them in powerful positions because Republican leadership is not gonna give it to them,” Miller said. “And in two years, they will be primaried.”


talkingpointsmemo--2020-08-12--‘America Is Crying Out For Leadership,’ Harris Says In First Appearance With Biden

Former Vice President Joe Biden appeared for the first time with his newly-announced running mate Sen. Kamala Harris ( D-CA ) on Wednesday .
From a high school gymnasium in Delaware , the pair delivered fiery speeches condemning the Trump administration ’ s handling of the COVID-19 pandemic and promising a new way forward in 2021 .
“ She ’ s going to stand with me in this campaign , and all of us are going to stand up for her , ” Biden said of the California senator , who broke barriers Tuesday as the first Black woman and @ @ @ @ @ @ @ party ’ s presidential ticket .
( Harris ’ mother immigrated to the United States from India , and her father from Jamaica . )
Biden , whose campaign had vetted a long list of women for the vice presidential pick over several months , said he told Harris the same thing he told former President Barack Obama , when Obama asked Biden what he wanted out of the vice presidency .
“ I told him I wanted to be the last person in the room before he made important decisions , ” @ @ @ @ @ @ @ what I asked Kamala.
” Biden noted that his campaign ’ s supporters seemed excited about the pick : The campaign set a new single-day record for online political fundraising on Tuesday , he said .
Harris , taking the stage after Biden , said she was honored by the responsibility and “ ready to get to work.
” “ This is a moment of real consequence for America .
Everything we care about — our economy , our health , our children , the kind of country we live in — is @ @ @ @ @ @ @ said .
Trump ’ s mismanagement of the pandemic , Harris said , had plunged the country into an economic crisis .
“ And we ’ re experiencing a moral reckoning with racism and systemic injustice that has brought a new coalition of conscience to the streets of our country demanding change , ” she continued .
“ America is crying out for leadership , ” she said .
“ Yet we have a president who cares more about himself than the people who elected him.
” Harris spent part of her speech @ @ @ @ @ @ @ president ’ s son , Beau , who died in 2015 .
The younger Biden and Harris worked together before his death , as attorneys general of Delaware and California , respectively .
“ In the midst of the Great Recession , Beau and I spoke on the phone practically every day , sometimes multiple times a day ” to speak about the foreclosure crisis , Harris said .
Before swearing in as a senator in 2017 , Harris ’ law enforcement background defined her political career , both as California ’ s @ @ @ @ @ @ @ the district attorney in San Francisco .
On Wednesday , the senator repeated the phrase she used to kick off her own presidential campaign last year , one she used as a prosecutor : “ Kamala Harris for the people.
” “ Let me tell you , as somebody who has presented my fair share of arguments in court , the case against Donald Trump and Mike Pence is open and shut , ” she said .

Former Vice President Joe Biden appeared for the first time with his newly-announced running mate Sen. Kamala Harris (D-CA) on Wednesday.
From a high school gymnasium in Delaware, the pair delivered fiery speeches condemning the Trump administration’s handling of the COVID-19 pandemic and promising a new way forward in 2021.
“She’s going to stand with me in this campaign, and all of us are going to stand up for her,” Biden said of the California senator, who broke barriers Tuesday as the first Black woman and first Asian American on a major political party’s presidential ticket. (Harris’ mother immigrated to the United States from India, and her father from Jamaica.)
Biden, whose campaign had vetted a long list of women for the vice presidential pick over several months, said he told Harris the same thing he told former President Barack Obama, when Obama asked Biden what he wanted out of the vice presidency.
“I told him I wanted to be the last person in the room before he made important decisions,” Biden recalled. “That’s what I asked Kamala.”
Biden noted that his campaign’s supporters seemed excited about the pick: The campaign set a new single-day record for online political fundraising on Tuesday, he said.
Harris, taking the stage after Biden, said she was honored by the responsibility and “ready to get to work.”
“This is a moment of real consequence for America. Everything we care about — our economy, our health, our children, the kind of country we live in — is all on the line,” she said.
Trump’s mismanagement of the pandemic, Harris said, had plunged the country into an economic crisis.
“And we’re experiencing a moral reckoning with racism and systemic injustice that has brought a new coalition of conscience to the streets of our country demanding change,” she continued.
“America is crying out for leadership,” she said. “Yet we have a president who cares more about himself than the people who elected him.”
Harris spent part of her speech recalling her friendship with the former vice president’s son, Beau, who died in 2015. The younger Biden and Harris worked together before his death, as attorneys general of Delaware and California, respectively.
“In the midst of the Great Recession, Beau and I spoke on the phone practically every day, sometimes multiple times a day” to speak about the foreclosure crisis, Harris said.
Before swearing in as a senator in 2017, Harris’ law enforcement background defined her political career, both as California’s attorney general and before that, as the district attorney in San Francisco.
On Wednesday, the senator repeated the phrase she used to kick off her own presidential campaign last year, one she used as a prosecutor: “Kamala Harris for the people.”
“Let me tell you, as somebody who has presented my fair share of arguments in court, the case against Donald Trump and Mike Pence is open and shut,” she said.
Watch Biden and Harris’ remarks below:


talkingpointsmemo--2020-08-12--Behind The New Brouhaha Over USPS And The Cost Of Mailing Ballots

When it comes to getting millions of mail ballots out to voters during the current pandemic , election officials are finding themselves between a rock and a hard place .
They ’ re torn between the need to save money — amid a state and local government cash crunch — and the risk of mail ballots not making it to voters in time for them to be returned .
The trade-off is being compounded by what vote-by-mail veterans have described as murky and confusing messaging out of the U.S .
Postal Service .
The agency has become a lightning rod @ @ @ @ @ @ @ changes could impact an election expected to take place largely by mail .
Some have accused USPS in recent days of pressuring election officials to adopt a more expensive delivery service for sending out ballots , and of backing away from past practice of giving election mail special treatment .
Following USPS ’ recommendations for the expedited delivery service could cost election officials up to three times the amount it would to send ballots at a discounted rate that has been used by some jurisdictions well-versed in vote-by-mail .
The agency , meanwhile @ @ @ @ @ @ @ in its advice to election officials and that it remains dedicated to helping mail voting run smoothly .
Critics of the postal service ’ s new President Trump-aligned leadership say that the brouhaha is just another example of USPS gumming up the works for people who would prefer to vote absentee in the name of cost-cutting .
“ To triple the cost of voting by mail would be an outrageous and insidious policy that would make it even harder and more expensive for states , already struggling with depleted budgets from COVID-19 , @ @ @ @ @ @ @ Senate Minority Leader Chuck Schumer ( D-NY ) said Tuesday , while claiming the pricing gambit amounted to a “ despicable derogation of democracy.
” State election officials who have experience in implementing large scale mail voting programs have raised their own concerns , with California Secretary of State Alex Padilla writing to USPS Monday that he opposed “ proposed changes to postal service and pricing.
” But what really is changing about USPS ’ approach to delivering ballots remains unclear , as does what ’ s motivating its new emphasis on encouraging @ @ @ @ @ @ @ quicker delivery times .
No matter what ’ s driving USPS ’ recent shifts , however , current and former election officials told TPM the issue comes down to one of money , and the budget challenges that remain as Congress dithers on providing more funding for this year ’ s elections .
A USPS No Longer Willing To ‘ Move Mountains ’ For years , some jurisdictions with large-scale absentee voting operations have been able to secure various discounts from USPS when mailing ballots to voters .
One way officials have saved @ @ @ @ @ @ @ rate to deliver ballots to voters ( though that option is not used for ballots coming back to election officials from voters ) .
The commercial rate , combined with other discounts available to some election officials , can reduce the per-ballot delivery price to less than half of the first class delivery rate .
“ It was a game changer for me when I first started vote-by-mail in Utah , ” recalled Jennifer Morrell , a former elections official who now advises jurisdictions on election administration .
“ At first class , @ @ @ @ @ @ @ was any way my local budget could incorporate those expenses.
” And while the commercial rate typically has slower delivery times ( USPS says it can take three to ten days , as opposed to two to five for first class ) , jurisdictions where vote-by-mail is widely used maintain close relationships with their local USPS facilities , and through that collaboration , have seen their commercially mailed ballots still given some priority .
But in recent months — as an expansion of vote-by-mail has collided with a USPS in turmoil under new @ @ @ @ @ @ @ emphasizing that it could not guarantee that commercially mailed ballots would make it to voters any faster than what is predicted for all other types of mail that use commercial delivery .
USPS denies that this amounts to a change in its policies , though , as its newly-installed postmaster general cracks down on overtime and other practices that in the past made the postal service able to respond to potential delays , some vote-by-mail experts see a “ CYA ” move designed to shift blame if ballots don ’ t make it @ @ @ @ @ @ @ started messaging that they will deliver ballots at the class of service that they are being paid for and that is not how it has been articulated in the past , ” Tammy Patrick , a senior advisor at the Democracy Fund , told TPM .
While in the past , she said , USPS would “ move mountains , ” to help election officials deal with state laws or vendor issues that made ballot turnaround times tight , USPS has been less than straightforward in guaranteeing that such an approach will continue @ @ @ @ @ @ @ in this moment , the Postal Service is saying , ‘ No , that costs us extra money , ” and ‘ No , we ’ re not going to bend over backwards because you haven ’ t aligned your laws to our delivered standards , ’ ” Patrick said .
The USPS began warning about the risks of relying on commercially delivered mail for elections in early summer , before DeJoy took over as postmaster general in June .
But that messaging has amped up in recent weeks .
USPS has sent @ @ @ @ @ @ @ it won ’ t adjust its delivery standards to speed up the ballot mailing process , while “ strongly ” recommending use of first class .
In remarks last week , Postmaster General Louis DeJoy denied that the USPS was slowing election mail delivery , but stressed that ballots would be delivered in a “ timely manner consistent with our operational standards.
” What has been tough for election officials to decipher is whether this means that commercially-mailed ballots will no longer get special treatment once they enter the mail stream .
After @ @ @ @ @ @ @ the the postal service ’ s apparent shifts , Washington Secretary of State Kim Wyman told Politico that a Monday discussion with USPS officials had her feeling better that election mail would still be prioritized in a way that would allow for commercial rates to be used for at least some of initial the ballot mailings .
Her office told TPM that it ’ s nonetheless considering using first class mail for ballot mailings closer to Election Day .
Other election officials in established vote-by-mail states told TPM they ’ ve received no @ @ @ @ @ @ @ a change in delivery approach — despite the messaging coming from the top discouraging commercial mail use .
What ’ s motivating the shift in USPS ’ tone depends on who you ask .
Some see it as another way in which the Trump allies that lead the postal service — DeJoy is a GOP megadonor and he was elevated by a board of governors made up entirely of Trump appointees — are trying to hamper vote-by-mail in conjunction with Trump ’ s own crusade against the practice .
A USPS spokesperson called @ @ @ @ @ @ @ and frivolous .
“ A more benign explanation is that perhaps the messaging is aimed at jurisdictions with limited absentee voting experience , who might already be underestimating the amount of time it takes the whole process to work as they scale up their mail balloting infrastructure .
States with more experience , such as Colorado for instance , have laws requiring that ballots sent out sent within a certain period before the election be mailed first class , and also have a messaging program that instructs voters to use drop boxes or @ @ @ @ @ @ @ the election day is too close to rely on the postal service .
And even states that had significant rates of absentee voting still have deadlines that are too tight for the current realities of mail delivery , according to Patrick .
She pointed to Florida , where election officials recently received their own warning from USPS .
But even the most charitable interpretation of USPS ’ shifts doesn ’ t change the reality that mailing ballots first class is not a cheap solution .
Wyman told Politico that upgrading all of the @ @ @ @ @ @ @ class would increase costs from $ 432,000 to $ 2.4 million .
In places where the local USPS officials are not used to having to work so closely with election officials , getting everyone on the same page during the pandemic is an additional hurdle .
“ Not just the volume of mail but the attention to that mail is probably a complete paradigm shift for a lot of those postal offices , ” Morrell said .

When it comes to getting millions of mail ballots out to voters during the current pandemic, election officials are finding themselves between a rock and a hard place.
They’re torn between the need to save money — amid a state and local government cash crunch — and the risk of mail ballots not making it to voters in time for them to be returned.
The trade-off is being compounded by what vote-by-mail veterans have described as murky and confusing messaging out of the U.S. Postal Service. The agency has become a lightning rod for controversy over how its recent operational changes could impact an election expected to take place largely by mail.
Some have accused USPS in recent days of pressuring election officials to adopt a more expensive delivery service for sending out ballots, and of backing away from past practice of giving election mail special treatment. Following USPS’ recommendations for the expedited delivery service could cost election officials up to three times the amount it would to send ballots at a discounted rate that has been used by some jurisdictions well-versed in vote-by-mail.
The agency, meanwhile, insists that it has been consistent in its advice to election officials and that it remains dedicated to helping mail voting run smoothly.
Critics of the postal service’s new President Trump-aligned leadership say that the brouhaha is just another example of USPS gumming up the works for people who would prefer to vote absentee in the name of cost-cutting.
“To triple the cost of voting by mail would be an outrageous and insidious policy that would make it even harder and more expensive for states, already struggling with depleted budgets from COVID-19, to conduct our elections safely,” Senate Minority Leader Chuck Schumer (D-NY) said Tuesday, while claiming the pricing gambit amounted to a “despicable derogation of democracy.”
State election officials who have experience in implementing large scale mail voting programs have raised their own concerns, with California Secretary of State Alex Padilla writing to USPS Monday that he opposed “proposed changes to postal service and pricing.”
But what really is changing about USPS’ approach to delivering ballots remains unclear, as does what’s motivating its new emphasis on encouraging election officials to pay extra to guarantee quicker delivery times. No matter what’s driving USPS’ recent shifts, however, current and former election officials told TPM the issue comes down to one of money, and the budget challenges that remain as Congress dithers on providing more funding for this year’s elections.
A USPS No Longer Willing To ‘Move Mountains’
For years, some jurisdictions with large-scale absentee voting operations have been able to secure various discounts from USPS when mailing ballots to voters.
One way officials have saved money is by using a commercial mail rate to deliver ballots to voters (though that option is not used for ballots coming back to election officials from voters). The commercial rate, combined with other discounts available to some election officials, can reduce the per-ballot delivery price to less than half of the first class delivery rate.
“It was a game changer for me when I first started vote-by-mail in Utah,” recalled Jennifer Morrell, a former elections official who now advises jurisdictions on election administration. “At first class, I don’t really think there was any way my local budget could incorporate those expenses.”
And while the commercial rate typically has slower delivery times (USPS says it can take three to ten days, as opposed to two to five for first class), jurisdictions where vote-by-mail is widely used maintain close relationships with their local USPS facilities, and through that collaboration, have seen their commercially mailed ballots still given some priority.
But in recent months — as an expansion of vote-by-mail has collided with a USPS in turmoil under new leadership — the postal service has begun emphasizing that it could not guarantee that commercially mailed ballots would make it to voters any faster than what is predicted for all other types of mail that use commercial delivery.
USPS denies that this amounts to a change in its policies, though, as its newly-installed postmaster general cracks down on overtime and other practices that in the past made the postal service able to respond to potential delays, some vote-by-mail experts see a “CYA” move designed to shift blame if ballots don’t make it voters in time.
“They have started messaging that they will deliver ballots at the class of service that they are being paid for and that is not how it has been articulated in the past,” Tammy Patrick, a senior advisor at the Democracy Fund, told TPM.
While in the past, she said, USPS would “move mountains,” to help election officials deal with state laws or vendor issues that made ballot turnaround times tight, USPS has been less than straightforward in guaranteeing that such an approach will continue this year.
“It seems like in this moment, the Postal Service is saying, ‘No, that costs us extra money,” and ‘No, we’re not going to bend over backwards because you haven’t aligned your laws to our delivered standards,’” Patrick said.
Mixed Messages
The USPS began warning about the risks of relying on commercially delivered mail for elections in early summer, before DeJoy took over as postmaster general in June. But that messaging has amped up in recent weeks. USPS has sent letters to state election officials warning that it won’t adjust its delivery standards to speed up the ballot mailing process, while “strongly” recommending use of first class.
In remarks last week, Postmaster General Louis DeJoy denied that the USPS was slowing election mail delivery, but stressed that ballots would be delivered in a “timely manner consistent with our operational standards.”
What has been tough for election officials to decipher is whether this means that commercially-mailed ballots will no longer get special treatment once they enter the mail stream.
After ringing the alarm over the weekend about the the postal service’s apparent shifts, Washington Secretary of State Kim Wyman told Politico that a Monday discussion with USPS officials had her feeling better that election mail would still be prioritized in a way that would allow for commercial rates to be used for at least some of initial the ballot mailings. Her office told TPM that it’s nonetheless considering using first class mail for ballot mailings closer to Election Day.
Other election officials in established vote-by-mail states told TPM they’ve received no indication from their local USPS partners of a change in delivery approach — despite the messaging coming from the top discouraging commercial mail use.
No Cheap Solutions
What’s motivating the shift in USPS’ tone depends on who you ask. Some see it as another way in which the Trump allies that lead the postal service — DeJoy is a GOP megadonor and he was elevated by a board of governors made up entirely of Trump appointees — are trying to hamper vote-by-mail in conjunction with Trump’s own crusade against the practice. A USPS spokesperson called such allegations “wholly without merit, and frivolous. “
A more benign explanation is that perhaps the messaging is aimed at jurisdictions with limited absentee voting experience, who might already be underestimating the amount of time it takes the whole process to work as they scale up their mail balloting infrastructure.
States with more experience, such as Colorado for instance, have laws requiring that ballots sent out sent within a certain period before the election be mailed first class, and also have a messaging program that instructs voters to use drop boxes or other non-mail modes of ballot return if the election day is too close to rely on the postal service.
And even states that had significant rates of absentee voting still have deadlines that are too tight for the current realities of mail delivery, according to Patrick. She pointed to Florida, where election officials recently received their own warning from USPS.
But even the most charitable interpretation of USPS’ shifts doesn’t change the reality that mailing ballots first class is not a cheap solution. Wyman told Politico that upgrading all of the ballot delivery in her state to first class would increase costs from $432,000 to $2.4 million.
In places where the local USPS officials are not used to having to work so closely with election officials, getting everyone on the same page during the pandemic is an additional hurdle.
“Not just the volume of mail but the attention to that mail is probably a complete paradigm shift for a lot of those postal offices,” Morrell said.