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10:00 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 …
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
Charlie Savage / New York Times:
Acting Attorney General Once Declared Courts ‘Inferior’ and Criticized Supreme Court's Power  —  WASHINGTON — The acting attorney general, Matthew G. Whitaker, once espoused the view that the courts “are supposed to be the inferior branch” and criticized the Supreme Court's power …
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: Politico and POLITICUSUSA
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
Grace Segers / CBS News:
McConnell says he doesn't think there is “any chance” the president will end Mueller investigation
Sharon Kelly / DeSmogBlog:
Dark Money Paid New Trump Attorney General Matthew Whitaker's Salary for 3 Years
Marty Lederman / Just Security:
A Quick Primer on the Legality of Appointing Matthew Whitaker as “Acting” …
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: KAJ-TV
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
Margaret Sullivan / Washington Post:
Words and walkouts aren't enough. CNN should sue Trump over revoking Acosta's press pass.
Sinéad Baker / Business Insider:
White House appears to share Jim Acosta mic grab video doctored by far-right Infowars
TMZ.com:
Donald Trump Set Up CNN's Jim Acosta and Staged Confrontation, Congressman Says
Discussion: Raw Story
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.
RELATED:
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.
Steven Lemongello / Orlando Sentinel:
Florida governor's race faces recount as Senate race gets even tighter
miamiherald:   It's not over yet: Gillum-DeSantis race for governor is likely headed to a recount
Ali Vitali / NBC News:   Gillum statement stokes intrigue as Florida vote margin tightens
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.
RELATED:
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California
Los Angeles Times:
Gunman kills 12 in ‘horrific’ mass shooting at Thousand Oaks bar packed with college students
Daily Mail:
CALIFORNIA SHOOTING VICTIMS:
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
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.
RELATED:
Eric Bradner / CNN:
Democrats nudge Beto O'Rourke toward 2020 run after closer-than-expected Texas race  —  O'Rourke congratulates Cruz on his victory  —  (CNN)Rep. Beto O'Rourke's closer-than-expected loss Tuesday has fueled optimism among his friends and allies — as well as Democratic admirers across the country …
Alex Thompson / Politico:   Source: Eric Swalwell to run for president in 2020
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:
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 and Vox
RELATED:
Gabby Orr / Politico:
Trump moves to restrict asylum access at the U.S.-Mexico border  —  The Trump administration on Thursday rolled out a fast-track regulation that will restrict the ability of certain migrants to seek asylum at the U.S.-Mexico border — a move that's almost certain to trigger legal challenges and humanitarian backlash.
Discussion: Axios
RELATED:
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
Wall Street Journal:
Nancy Pelosi's Bid to Be Speaker Isn't Quite a Done Deal  —  The Democratic leader needs as many as 218 votes, and some in her party have said they won't back her  —  WASHINGTON—House Democratic Leader Nancy Pelosi, publicly, is acting as though she has already locked up the speaker's gavel …
RELATED:
Politico:
Opposition to Pelosi hardens
Discussion: The Intercept
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' …
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.
Discussion: Political Wire
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 …
 
 
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 More Items: 
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
Laurie McGinley / Washington Post:
FDA plans to impose severe restrictions on e-cigarettes
Discussion: BloombergQuint, Gizmodo and Joe.My.God.
Katharine Q. Seelye / New York Times:
Devah Pager, Who Documented Race Bias in Job Market, Dies at 46
 Earlier Items: 
Politico:
Here's the Road Map to the Next Decade of American Politics
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child