President Trump suggested for the second time on Monday that Supreme Court Justice Ruth Bader Ginsburg did not actually tell her granddaughter that her dying wish was to “not be replaced until a new president is installed,” claiming it is “just too convenient,” Politico reports.
Betsy DeVos Under Investigation
Secretary of Education Betsy DeVos is under investigation for potentially violating the Hatch Act, a federal law that prohibits civil servants from engaging in political activity while on duty, Politico reports.
DeVos slammed Joe Biden in a Fox News interview and her agency promoted it through official channels.
Trump Campaign Itching for a Culture-War Fight
Gabriel Sherman: “With 43 days left until the election, Trump is itching for a fight as he moves quickly to fill Ruth Bader Ginsburg’s seat.”
Said one GOP source: “This nomination is a fuck-you to the left.”
“The SCOTUS drama has infused the Trump campaign with renewed optimism after it has been battered by weeks of devastating book bombshells, widening polls, and a U.S. coronavirus death toll nearing 200,000. Just one day after Ginsburg’s death, the MAGA faithful were chanting, ‘Fill that seat!’ at Trump’s North Carolina rally—and the campaign is already selling T-shirts with the slogan. Sources said Trump sees selecting Ginsburg’s replacement as if he is scripting a new story line in the reality show he’s producing.”
Prosecutor Says Mueller ‘Could Have Done More’
“A former prosecutor on special counsel Robert Mueller’s team writes in a new book that the group failed to fully investigate President Trump’s financial ties and should have stated explicitly that they believed he obstructed justice, claiming that their efforts were limited by the ever-present threat of Trump disbanding their office and by their own reluctance to be aggressive,” the Washington Post reports.
“In an explosive tell-all that offers the most detailed account yet of what happened behind the scenes during Mueller’s two-year investigation of Russian interference in the 2016 election, Andrew Weissmann writes of his frustration that the special counsel failed to subpoena the president and otherwise pulled punches for fear of incurring Trump’s wrath.”
The New York Times has more on the book.
Where Law Ends: Inside the Mueller Investigation
- Amazon Kindle Edition
- Weissmann, Andrew (Author)
- English (Publication Language)
- 396 Pages - 09/29/2020 (Publication Date) - Random House (Publisher)
Judge Extends Wisconsin Absentee Cutoff
“A federal judge ruled Monday that absentee ballots in battleground Wisconsin can be counted up to six days after the Nov. 3 presidential election as long as they are postmarked by Election Day,” the AP reports.
“The highly anticipated ruling, unless overturned, means that the outcome of the presidential race in Wisconsin might not be known for days after polls close. Under current law, the deadline for returning an absentee ballot to have it counted is 8 p.m. on Election Day.”
Grassley Backs Moving Ahead on Nomination
Despite his earlier statements to the contrary, Sen. Chuck Grassley (R-IA) indicated to the Des Moines Register that he won’t oppose holding Supreme Court replacement hearings this year.
Trump Rally-Goers Loudly Boo Promotion of Face Masks
Ohio Lt. Governor Jon Husted (R) tried to promote pro-Trump face masks at a rally but was met with a huge chorus of boos.
Kudlow Claims U.S. Has Regained Control of Virus
White House economic adviser Larry Kudlow told reporters that the United States had “regained control of the virus,” Mediaite reports.
Said Kudlow: “The USA is in much better position, thankfully. We’ve regained control of the virus, both the cases and the fatalities. But I think people are worried about Britain and maybe the rest of Europe as well.”
Graham Says He Changed His Mind on Confirming Justices
Senate Judiciary Chairman Lindsey Graham (R-SC) wrote to Democrats on his committee saying they would move “expeditiously” to advance President Trump’s Supreme Court nominee.
Graham said his view of the judicial confirmation process had changed after witnessing the treatment of Justice Brett Kavanaugh, who was accused of sexual assault but was ultimately confirmed by the Senate.
Wrote Graham: “I am certain if the shoe were on the other foot, you would do the same.”
Trump’s Most Likely Pick
“Donald Trump is moving toward nominating Amy Coney Barrett to replace the late Justice Ruth Bader Ginsburg on the Supreme Court, according to people familiar with the matter, despite the president saying Monday he’s considering as many as five candidates,” Bloomberg reports.
“Barrett was at the White House on Monday… She is a favorite of anti-abortion rights advocates, who are heavily lobbying the White House and Trump personally to nominate her. She’s preferred by Senate Majority Leader Mitch McConnell.”
A Way to Defuse a Fight Over Raw Power
David French: “Court-packing is dangerous. Yet if the GOP violates its principles to jam through a nominee in Trump’s last days in office, the pressure from congressional Democrats to pack the court may well be overwhelming. So Biden should make a deal with the lame-duck Senate. Keep the seat open, and he’ll pledge not to sign any legislation packing the Supreme Court while he’s in office.”
“This isn’t the ‘unilateral disarmament’ so despised by partisans. It’s a compromise. Both sides would shed Machiavellianism (for a moment, at least) and do something concrete to actually de-escalate America’s toxic political conflicts. America’s polarization is growing dangerous. Political violence stalks our streets. Now is the time for true statesmen to step forward, to put prudence before power, and reach a compromise that doesn’t just preserve the legitimacy of the court, it helps preserve the integrity of our republic.”
Kamala Harris’ Supreme Opening
“President Trump’s Supreme Court plans have created a major opportunity for Sen. Kamala Harris to go on offense,” Axios reports.
“A confirmation fight puts Harris back in the spotlight thanks to her role on the Senate Judiciary Committee.”
“Allies still point to her grilling Justice Brett Kavanaugh in 2018 (clips of which have racked up millions of views on YouTube) and they laugh at her ‘suggested … hinted … inferred?’ exchange with Attorney General William Barr in May regarding the Mueller report.”
“Those are the electric moments that you can’t always learn during debate prep, and allies say they show that Harris is meticulous and skilled at the clapback — arguing both will serve her well in the Oct. 7 debate against VP Mike Pence.”
Trump Could Be Investigated for Tax Fraud
“The Manhattan district attorney’s office, which has been locked in a yearlong legal battle with President Trump over obtaining his tax returns, suggested for the first time on Monday that it had grounds to investigate him and his businesses for tax fraud,” the New York Times reports.
“The assertion by the office of the district attorney, Cyrus R. Vance Jr., offered rare insight into the office’s investigation into the president and his business dealings, which began more than two years ago.”
McConnell Says There’s Enough Time to Confirm Justice
Senate Majority Leader Mitch McConnell (R-KY) said in a floor speech Monday that the chamber has “more than sufficient time” to confirm a replacement for Supreme Court Justice Ruth Bader Ginsburg before the election, Axios reports.
He also accused Democrats of preparing “an even more appalling sequel” to the fight over Brett Kavanaugh’s confirmation.
‘More Conservative Than Attilla the Hun’
“Sen. David Perdue honed his jean-jacketed outsider image with memorable TV spots. Gov. Brian Kemp had his shotgun splash. Now Sen. Kelly Loeffler is trying to join the pantheon of provocative Georgia TV ads with a new ad comparing her to a feared emperor,” the Atlanta Journal Constitution reports.
The tagline: “More conservative than Attila the Hun. Kelly Loeffler, 100% Trump voting record.”
Judge Dismisses Trump Challenge to Nevada Mail Ballots
“In a significant setback for the Trump campaign in the battleground state of Nevada, a federal judge has dismissed a lawsuit brought by the campaign over the state’s new mail-in voting law,” CNN reports.
“Under the recently passed law all active voters receive a mail-in ballot, whether they ask for one or not.”
Huge Mail Slowdowns After Trump Ally Took Office
The Guardian: “Of note, some areas in key swing states saw significant declines in on-time delivery rates of first-class mail. In the postal district for northern Ohio, on-time delivery rates dropped as low as 63.60% in mid August. In the Detroit postal district, on-time delivery fell to 61.01% the same month…”
“Although DeJoy’s changes have been paused until after the election, the new data shows that first class mail continued to be delivered late across the country after his reversal. In the Baltimore postal district, for example, the on-time delivery rate remained at less than 60% at the end of August.”
McConnell Suggests He’ll Oppose Democratic Funding Bill
Senate Majority Leader Mitch McConnell (R-KY) signaled that Republican senators would oppose the stopgap government funding bill released by House Democrats earlier today.
