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5:45 PM ET, November 8, 2018

memeorandum

 Top Items: 
New York Times:
Trump's Appointment of the Acting Attorney General Is Unconstitutional  —  The president is evading the requirement to seek the Senate's advice and consent for the nation's chief law enforcement officer and the person who will oversee the Mueller investigation.  —  Mr. Katyal and Mr. Conway are lawyers.
RELATED:
Washington Post:
Trump's acting attorney general, Matt Whitaker, has no intention of recusing from Russia probe, associates say  —  Acting Attorney General Matt Whitaker has no intention of recusing himself from overseeing the special counsel probe of Russian interference in the 2016 election …
The Daily Beast:
Matthew Whitaker, Mueller's New Boss, Said There Was ‘No Collusion’ With Russia  —  The new attorney general spent a few years in right-wing media repeatedly making that claim.  —  A year-and-a-half before he took responsibility for overseeing the investigation into Russia's interference …
Discussion: Mother Jones and Raw Story
Marty Lederman / Just Security:
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” Attorney General, and Whitaker's Power to Influence the Russia Investigation  —  Attorney General Jeff Sessions resigned from his office yesterday afternoon, at President Trump's “request.”
Axios:
Why Trump could face legal challenges over Whitaker  —  President Trump's decision to replace Attorney General Jeff Sessions with Matthew Whitaker is facing new questions, with two prominent attorneys — including the husband of White House counselor Kellyanne Conway — suggesting that it may be illegal.
Discussion: Raw Story
Grace Segers / CBS News:
McConnell says he doesn't think there is “any chance” the president will end Mueller investigation  —  Senate Majority Leader Mitch McConnell said that he doesn't think there is “any chance that the Mueller investigation will not be allowed to finish,” after Acting Attorney General Matthew Whitaker took charge …
Darren Samuelsohn / Politico:
Trump mulling whether to give written answers to Mueller, Giuliani says
Discussion: emptywheel
Andrew Kaczynski / CNN:
Sessions replacement Matthew Whitaker called Mueller's appointment ‘ridiculous’ and ‘a little fishy’
Discussion: The Daily Beast
Haaretz:
Whitaker, Acting U.S. Attorney General, Was on Board of Firm That Threatened Duped Clients With ‘Israeli Special Ops’
Discussion: CNN and Jewish Telegraphic Agency
Ryan Goodman / Just Security:
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing …
Discussion: emptywheel and Lawfare
Charlie Warzel / BuzzFeed News:
Welcome To The Dystopia: People Are Arguing About Whether This Trump Press Conference Video Is Doctored Or Not  —  A viral clip showing a confrontation between CNN reporter Jim Acosta and a White House aide at a Wednesday press conference with President Trump has provided us with a handy example …
RELATED:
Michelle Fields / The Atlantic:
Now I Know Why They Said I Lied  —  When I said that Corey Lewandowski, then Trump's campaign manager, had grabbed and bruised me at a rally in 2016, Trump World called me a liar.  —  “It's a hoax,” pro-Trump voices on Twitter and in parts of right-wing media claimed.
more at Mediagazer »
Drew Harwell / Washington Post:
White House shares doctored video to support punishment of journalist Jim Acosta  —  White House press secretary Sarah Sanders on Wednesday night shared a video of CNN reporter Jim Acosta that appeared to have been altered to make his actions at a news conference look more aggressive toward a White House intern.
Sinéad Baker / Business Insider:
White House appears to share Jim Acosta mic grab video doctored by far-right Infowars
Margaret Sullivan / Washington Post:
Words and walkouts aren't enough. CNN should sue Trump over revoking Acosta's press pass.
Shane Croucher / Newsweek:
Video: Sarah Huckabee Sanders Used Doctored InfoWars Footage to Justify Acosta Ban
Discussion: Gizmodo and The Guardian
Michael Goodwin / New York Post:
Jim Acosta violated one of the oldest rules of journalism
Discussion: Hot Air
Paris Martineau / Wired:
How an InfoWars Video Became a White House Tweet
Discussion: HuffPost, NAHJ and IJR
Los Angeles Times:
Gunman kills 12 in ‘horrific’ mass shooting at Thousand Oaks bar packed with college students  —  A gunman threw smoke bombs and rained bullets on a crowd of hundreds inside a Thousand Oaks bar that is popular with college students Wednesday night, leaving 12 dead including a Sheriff's sergeant shot trying to stop the carnage.
RELATED:
New York Times:
Gunman Who Killed 12 in Thousand Oaks Shooting Is Identified  —  THOUSAND OAKS, Calif. — The gunman who fatally shot at least 12 people at a crowded country and western dance hall in Thousand Oaks, Calif., was identified on Thursday as a 28-year-old who had served in the Marine Corps.
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California  —  Several hundred people were inside the venue at the time, police said.  The gunman later was confirmed dead.  —  Twelve people including a police officer were killed by a gunman at a crowded bar in Thousand Oaks, California, late Wednesday, officials said.
Washington Post:
Breaking: 13 dead including deputy, gunman, in bar filled with college students in Thousand Oaks, Calif. Dozens injured.
Tom Maguire / JustOneMinute:   Shooting In California / No Use Of California's ‘Gun Violence Restraining Order’ Law
Los Angeles Times:
Sheriff's sergeant called wife, then rushed into Thousand Oaks mass shooting scene.  ‘He died a hero’
Discussion: The Daily Caller and Breitbart
Allyson Chiu / Washington Post:
‘They were threatening me and my family’: Tucker Carlson's home targeted by protesters  —  Fox News host Tucker Carlson was at his desk Wednesday evening, less than two hours before his 8 p.m. live show, when he suddenly started receiving multiple text messages.
RELATED:
Steve Contorno / Tampa Bay Times:
How Bill Nelson could ultimately win the recount in Florida's Senate race  —  As the margin narrows, Democrats believe Nelson will overcome the gap between him and Republican Rick Scott.  Here's why, according to the Senator's election lawyer.  —  Just 21,888 votes (UPDATE: As of 2:10 p.m. …
RELATED:
miamiherald:   It's not over yet: Gillum-DeSantis race for governor is likely headed to a recount
Steve Bousquet / Tampa Bay Times:
Recounts loom larger, legal action begins as margins tighten in key Florida races
Tim Mak / NPR:
Kavanaugh Accuser Christine Blasey Ford Continues Receiving Threats, Lawyers Say  —  Christine Blasey Ford is still being harassed after leveling sexual assault allegations against Supreme Court Justice Brett Kavanaugh, her lawyers say.  —  “Justice Kavanaugh ascended to the Supreme Court …
Politico:
Zinke exploring role with Fox News  —  Interior Secretary Ryan Zinke reached out to Fox News inquiring about working at the conservative news channel as a contributor, according to sources familiar with the move.  —  Zinke's outreach came as the scandal-plagued former Navy SEAL …
RELATED:
Andrew Restuccia / Politico:
Trump to ditch Washington restraints as 2018 closes
Discussion: Hmm Daily and VTDigger
Politico:
Here's the Road Map to the Next Decade of American Politics  —  The country's Trump-era political realignment is finally starting to take shape.  —  We are two former White House political directors—one of us, Doug Sosnik, worked for Bill Clinton; one of us, Sara Fagen, worked for George W. Bush.
Wall Street Journal:
Appeals Court Rules Against Trump on Cancelling DACA Protections  —  A U.S. appeals court has ruled that the Trump Administration can't cancel of rules—known as DACA— which protect undocumented immigrants who came to U.S. as children.
RELATED:
Ted Hesson / Politico:
Appeals court upholds block on Trump's attempt to end DACA
Discussion: Vox and Washington Post
Bret Stephens / New York Times:
The Midterm Results Are a Warning to the Democrats  —  Derision gets you nowhere.  —  For months we've heard from sundry media apocalypticians that this year's midterms were the last exit off the road to autocracy.  On Tuesday, the American people delivered a less dramatic verdict about the significance of the occasion.
WSB-TV:
Karen Handel concedes 6th District race to Lucy McBath  —  ATLANTA - Karen Handel has conceded the Georgia's 6th Congressional District race to Lucy McBath Thursday morning.  —  In a letter to Channel 2 Action News, Handel said, “After carefully reviewing all of the election results data …
 
 
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 More Items: 
Jared Keller / Task & Purpose:
Marine Veteran Among Dead In Thousand Oaks Mass Shooting
Discussion: ABC News
Bloomberg:
Trump Administration Moves to Restrict Asylum Claims by Migrants
Thomas H. Crown / T. Crown's Musings:
That Time I Was Sort of Banned From Twitter But Not Really But Really I Was
Matt Taibbi / Rolling Stone:
Bernie Sanders Opens Up About New Democrats in Congress, Taking on Trumpism
Daniel Nichanian / The Appeal:
How Tuesday's Sheriff Elections Dealt a Blow to ICE
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child
Alex Thompson / Politico:
Source: Eric Swalwell to run for president in 2020
Azi Paybarah / New York Times:
Alexandria Ocasio-Cortez Will Push Washington. Will Washington Push Back?
Discussion: The Hill
 Earlier Items: 
Alex Seitz-Wald / NBC News:
Progressives' plan for victory just took a gut-punch. Now what do they do?
Brian Murphy / Raleigh News & Observer:
Republicans won 50.3 percent of NC's votes for Congress. They took 10 of 13 seats.
Discussion: The Guardian and Hullabaloo
WCBS Newsradio 880:
CBS News: Chris Christie Being Considered To Replace Jeff Sessions As Attorney General
Discussion: AOL
Susan B. Glasser / New Yorker:
“We'll Be Further Apart as a Country”: Trump, the Midterm Elections, and Why the Really Crazy Times …
Discussion: Washington Post
New York Times:
For Both Parties, a Political Realignment Along Cultural Lines
 

 
From Techmeme:

Sherry Qin / Wall Street Journal:
ByteDance says it has no plans to sell TikTok, responding to a report suggesting that the Chinese company is considering selling a majority stake in TikTok US

Andrew J. Hawkins / The Verge:
The NHTSA finds that Tesla's driver-assist features insufficiently keep drivers engaged in the task of driving, and links them to 100+ crashes and 10+ deaths

Emanuel Maiberg / 404 Media:
Apple removes three AI image generation apps from the App Store after a 404 Media probe found the apps advertised being able to create nonconsensual nude images
 
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