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1:55 AM ET, November 9, 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.
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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 …
Discussion: Hit & Run
CNN:
Whitaker backlash prompts concern at the White House  —  (CNN)There is a growing sense of concern inside the White House over the negative reaction to Matthew Whitaker being tapped as acting attorney general after Jeff Sessions' abrupt firing.  —  Whitaker, who was Sessions' chief of staff …
Discussion: Raw Story and KAJ-TV
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 …
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: Axios and Breitbart
NY State Attorney General:
A.G. Underwood Calls For The Recusal Of Acting Attorney General Whitaker From Special Counsel's Investigation
Discussion: Raw Story and Talking Points Memo
Washington Post:
Trump's acting attorney general, Matt Whitaker, has no intention of recusing from Russia probe, associates say
David Corn / Mother Jones:
Listen: Trump's Acting Attorney General Said the President Can Kill Any Investigation He Wants
Discussion: HuffPost, VICE News and CNN
Heather Mac Donald / City Journal:
Casting Out a Man of Honor and Achievement
Discussion: Power Line
CNN:
Trump reviewing his answers to Mueller as he changes who oversees the Russia investigation
WPLG-TV:
Broward County elections supervisor explains why it's taking so long to count ballots  —  'Don't try to turn it around to make it seem like I'm making comedy out of this'  —  FORT LAUDERDALE, Fla. - As Broward County appears to be at the epicenter of another recount, Supervisor of Elections …
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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 …
Will Sommer / The Daily Beast:
Republicans Freak Out as New Ballots Threaten Florida Senate Win  —  New ballots in Broward County have conspiracy theorists — including the state's top elected officials — calling for an investigation of Democrats.  —  As the Republican margin in the Florida Senate race narrowed …
Discussion: Sun-Sentinel and CNN
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.
Steve Contorno / Tampa Bay Times:
Recount Live Blog: Gov. Rick Scott is suing South Florida election officials as his Senate lead shrinks  —  The Republican Senate candidate is holding a late-night press conference as the state is headed for an unprecedented three recounts.  —  9:05 — Rick Scott is also suing Palm Beach County.
Joe Tacopino / New York Post:   Florida teacher finds ‘provisional ballot box’ in storage area
Steve Contorno / Tampa Bay Times:
How Bill Nelson could ultimately win the recount in Florida's Senate race
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 …
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.
Charlie Warzel / BuzzFeed News:
Welcome To The Dystopia: People Are Arguing About Whether This Trump Press Conference Video Is Doctored Or Not
Aris Folley / The Hill:   Snoop Dogg smokes blunt outside White House: ‘F— the president’
TMZ.com:
Donald Trump Set Up CNN's Jim Acosta and Staged Confrontation, Congressman Says
Discussion: Raw Story and The Daily Caller
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 …
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Rob O'Dell / Arizona Republic:
How many votes left to count in the McSally-Sinema race?  Here's our latest estimate  —  Hundreds of thousands of votes are still left to be counted.  Here's how the Arizona Republic ended up at that number.  —  CONNECT  —  The remaining ballots could swing major races including …
Discussion: Talking Points Memo
Yvonne Wingett Sanchez / Arizona Republic:
Election Day in Arizona: Ballots are processed
Discussion: Vox
KNXV:
Kyrsten Sinema takes slight lead in Senate race over Martha McSally
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
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Krissah Thompson / Washington Post:
In revealing new memoir, Michelle Obama candidly shares her story
Discussion: TheBlaze
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.
RELATED:
Eric Bradner / CNN:   Democrats nudge Beto O'Rourke toward 2020 run after closer-than-expected Texas race
Gideon Resnick / The Daily Beast:
Bernie Sanders on Andrew Gillum and Stacey Abrams: Many Whites Made ‘Uncomfortable’ Voting for Black Candidates
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: The Daily Caller, WSVN-TV, TheBlaze and AOL
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Associated Press:
The Latest: Fire captain says wildfire destroys Calif. town  —  OROVILLE, Calif. (AP) — The Latest on California wildfires (all times local):  —  A fire official says the Northern California town of Paradise has been “pretty much” destroyed.  —  CalFire Capt. Scott McLean …
RELATED:
San Francisco Chronicle:   Camp Fire devastates Paradise near Chico — businesses, church, numerous homes burn
Timothy Cama / The Hill:
Judge blocks Keystone XL pipeline  —  A federal judge blocked the controversial Keystone XL oil pipeline Thursday, saying the Trump administration's justification for approving it last year was incomplete.  —  In a major victory for environmentalists and indigenous rights groups …
Discussion: Washington Times and Daily Wire
RELATED:
Linda Greenhouse / New York Times:
Who Owns the Supreme Court?
Discussion: SCOTUSblog
David Wood / Houston Chronicle:
Following investigation, Houston Chronicle retracts eight stories  —  Action follows external review of former staff reporter accused of fabricating sources  —  On July 31, the Houston Chronicle published a front-page story with a provocative headline.  “'We've moved on' …
Protect Democracy:
BREAKING: Georgia Voters' Lawsuit Forces Brian Kemp to Resign Secretary of State Role  —  ATLANTA - Moments ago, Georgia gubernatorial candidate Brian Kemp resigned his office as Secretary of State in response to a lawsuit brought by Georgia voters.  The move came moments after a hearing …
RELATED:
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.
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 More Items: 
Eli Meixler / TIME:
French President Emmanuel Macron Calls for a ‘European Army’ to Defend Against China, Russia and the U.S.
Dara Lind / Vox:
Trump is about to sign an asylum ban
Politico:
Opposition to Pelosi hardens
Discussion: The Intercept
Alex Seitz-Wald / NBC News:
Democrats rack up more gains in House as key tight races are called
Benjy Sarlin / NBC News:
Midterm turnout surges to 50-year high, early estimates show
Discussion: Splinter
 Earlier Items: 
Laurie McGinley / Washington Post:
FDA plans to impose severe restrictions on e-cigarettes
Katharine Q. Seelye / New York Times:
Devah Pager, Who Documented Race Bias in Job Market, Dies at 46
Eliana Johnson / Politico:
Zinke prepares to leave Trump's Cabinet
Tim Mak / NPR:
Kavanaugh Accuser Christine Blasey Ford Continues Receiving Threats, Lawyers Say