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11:10 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:
Ben White / Politico:
Sessions' job is hard to fill.  Enter Chris Christie.  —  The shadow of special counsel Robert Mueller's ongoing investigation is complicating President Donald Trump's search for a new attorney general.  —  Labor Secretary Alex Acosta has told associates he is unlikely to accept the job …
Discussion: Breitbart and Axios
NY State Attorney General:
A.G. Underwood Calls For The Recusal Of Acting Attorney General Whitaker From Special Counsel's Investigation  —  News from the New York Attorney General's Office  —  Attorney General's Office Press Office / 212-416-8060  —  nyag.pressoffice@ag.ny.gov  —  18 Attorneys General Send Letter …
Discussion: Talking Points Memo and Raw Story
Washington Post:
Trump's acting attorney general, Matt Whitaker, has no intention of recusing from Russia probe, associates say
Ray Villeda / NBC New York:   Thousands in NYC Protest Trump Firing of Sessions
Axios:
Why Trump could face legal challenges over Whitaker
Discussion: HuffPost
David Corn / Mother Jones:
Listen: Trump's Acting Attorney General Said the President Can Kill Any Investigation He Wants
Discussion: HuffPost and VICE News
Heather Mac Donald / City Journal:   Casting Out a Man of Honor and Achievement
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.
Associated Press:
Expert: Acosta video distributed by White House was doctored  —  NEW YORK (AP) — A video distributed by the Trump administration to support its argument for banning CNN reporter Jim Acosta from the White House appears to have been doctored to make Acosta look more aggressive than he was during …
Drew Harwell / Washington Post:
White House shares doctored video to support punishment of journalist Jim Acosta
TMZ.com:
Donald Trump Set Up CNN's Jim Acosta and Staged Confrontation, Congressman Says
Discussion: Raw Story
Margaret Sullivan / Washington Post:
Words and walkouts aren't enough. CNN should sue Trump over revoking Acosta's press pass.
Jennifer Rubin / Washington Post:
Acosta should sue the president, and Americans should shun Sanders
Sinéad Baker / Business Insider:
White House appears to share Jim Acosta mic grab video doctored by far-right Infowars
Ali Vitali / NBC News:
Gillum statement stokes intrigue as Florida vote margin tightens  —  The Democratic governor candidate is less than 43,000 votes behind Republican Ron DeSantis and ballots are still being tallied.  —  TALLAHASSEE, Florida — All eyes were on Democratic gubernatorial candidate Andrew Gillum on Thursday …
RELATED:
Gideon Resnick / The Daily Beast:
Bernie Sanders on Andrew Gillum and Stacey Abrams: Many Whites Made ‘Uncomfortable’ Voting for Black Candidates  —  The progressive leader says Democratic senators who lost in GOP states should've been more like Beto O'Rourke, and that race may be responsible for near-misses in the South.
Alex Seitz-Wald / NBC News:
Democrats rack up more gains in House as key tight races are called  —  In Georgia's 6th House District, the Republican candidate conceded, bringing the Democratic Party's new majority to 31 seats with more possible.  —  WASHINGTON — The House Democratic majority continued to grow Thursday …
Marc Caputo / Politico:
Florida readies for massive recount  —  TALLAHASSEE — Election officials, campaign operatives and lawyers across Florida are gearing up for massive recounts in large part due to a familiar problem: Broward County, which has been saddled with election controversies ever since the disputed 2000 presidential race.
Tia Mitchell / Atlanta Journal-Constitution:
Democrats file lawsuit over Dougherty County absentee ballots  —  The Georgia Democratic Party, with support of Stacey Abrams' litigation team, has filed a lawsuit in Dougherty County claiming that voters were denied the opportunity to cast ballots by mail during the general election.
Steven Lemongello / Orlando Sentinel:
Florida governor's race faces recount as Senate race gets even tighter
Associated Press:
Some survived shootings in Vegas, California bar - except 1  —  THOUSAND OAKS, Calif. (AP) — Borderline Bar and Grill in California had become a safe haven for dozens of survivors of last year's massacre at a Las Vegas country music festival, a place where they gathered for line dancing and drinks.
Discussion: WSVN-TV and TheBlaze
RELATED:
New York Times:
Gunman Who Killed 12 in Thousand Oaks Shooting Is Identified
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California
Daily Mail:
CALIFORNIA SHOOTING VICTIMS:
Deb Riechmann / Associated Press:
Michelle Obama rips Trump in new book  —  WASHINGTON (AP) — Former first lady Michelle Obama blasts President Donald Trump in her new book, recalling how she reacted in shock the night she learned he would replace her husband in the Oval Office and tried to “block it all out.”
Discussion: Axios
RELATED:
Krissah Thompson / Washington Post:   In revealing new memoir, Michelle Obama candidly shares her story
Yvonne Wingett Sanchez / Arizona Republic:
McSally vs. Sinema ballot update: About 2,000 votes separate the candidates, with Sinema in the lead  —  Hundreds of thousands of votes are still left to be counted.  Here's how the Arizona Republic ended up at that number.  —  CONNECT  —  Suspense and uncertainty now hang over the U.S. Senate race …
RELATED:
KNXV:
Kyrsten Sinema takes slight lead in Senate race over Martha McSally
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:
RELATED:
Steve Contorno / Tampa Bay Times:
How Bill Nelson could ultimately win the recount in Florida's Senate race
Katie Benner / New York Times:
Sessions, in Last-Minute Act, Sharply Limits Use of Consent Decrees to Curb Police Abuses  —  WASHINGTON — Former Attorney General Jeff Sessions has drastically limited the ability of federal law enforcement officials to use court-enforced agreements to overhaul local police departments accused …
Politico:
Opposition to Pelosi hardens  —  The California Democrat can't afford to lose much more support if she's going to win back the speakership.  —  Ten Democratic incumbents or members-elect told POLITICO that they will vote against Nancy Pelosi for speaker on the House floor …
Discussion: The Intercept
RELATED:
Wall Street Journal:   Nancy Pelosi's Bid to Be Speaker Isn't Quite a Done Deal
Dara Lind / Vox:
Trump is about to sign an asylum ban  —  The policy to limit asylum to people who cross at official ports of entry — teed up by a regulation published Thursday night — is Trump's most legally dicey immigration move yet.  —  On Friday morning, the Trump administration is expected …
RELATED:
Gabby Orr / Politico:
Trump moves to restrict asylum access at the U.S.-Mexico border
Discussion: TheBlaze and Axios
Associated Press:
The Latest: Abrams campaign says it will fight on  —  ATLANTA (AP) — The Latest on the race for Georgia governor (all times local):  —  Stacey Abrams' campaign says it will continue to fight to get all outstanding votes counted in the Georgia governor's race and won't accept former Secretary …
Discussion: Washington Post, Vox and The Week
RELATED:
Protect Democracy:   BREAKING: Georgia Voters' Lawsuit Forces Brian Kemp to Resign Secretary of State Role
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 …
Cherine Eurich / WSVN-TV:
Florida now likely to face three ballot recounts as statewide races tighten  —  TALLAHASSEE, Fla. (AP/WSVN) — Democrat Andrew Gillum's campaign said Thursday that it's prepared for a possible recount in the Florida governor's race that he conceded to Republican Ron DeSantis on Tuesday night.
Eliana Johnson / Politico:
Zinke prepares to leave Trump's Cabinet  —  Interior Secretary Ryan Zinke has been exploring potential roles with Fox News, the energy industry or other businesses amid growing signs that he will leave President Donald Trump's Cabinet as he faces investigations into his ethics, according to people knowledgeable about the discussions.
 
 
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 More Items: 
Linda Greenhouse / New York Times:
Who Owns the Supreme Court?
Eric Bradner / CNN:
Democrats nudge Beto O'Rourke toward 2020 run after closer-than-expected Texas race
Benjy Sarlin / NBC News:
Midterm turnout surges to 50-year high, early estimates show
Discussion: Splinter
Laurie McGinley / Washington Post:
FDA plans to impose severe restrictions on e-cigarettes
 Earlier Items: 
Katharine Q. Seelye / New York Times:
Devah Pager, Who Documented Race Bias in Job Market, Dies at 46
David Wood / Houston Chronicle:
Following investigation, Houston Chronicle retracts eight stories
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child
Bret Stephens / New York Times:
The Midterm Results Are a Warning to the Democrats
Discussion: Raw Story