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9:20 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:
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 …
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  —  Acting Attorney General Matt Whitaker has no intention of recusing himself from overseeing the special counsel probe of Russian interference in the 2016 election …
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: CNN, Politico, POLITICUSUSA 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 …
Heather Mac Donald / City Journal:   Casting Out a Man of Honor and Achievement
David Corn / Mother Jones:
Listen: Trump's Acting Attorney General Said the President Can Kill Any Investigation He Wants
Discussion: HuffPost and VICE News
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.
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.
Associated Press:   Expert: Acosta video distributed by White House was doctored
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.
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.
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. …
Steven Lemongello / Orlando Sentinel:
Florida governor's race faces recount as Senate race gets even tighter
Jerry Iannelli / Miami New Times:
Rubio Alleges, Without Proof, That Democrats Might “Steal” the Senate Race
Discussion: Raw Story and twitchy.com
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:
RELATED:
Eric Bradner / CNN:   Democrats nudge Beto O'Rourke toward 2020 run after closer-than-expected Texas race
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:
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
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
Deb Riechmann / Associated Press:
Michelle Obama rips Trump in new book
Discussion: Axios
Erica Werner / Washington Post:
House Democrats plan quick vote to protect preexisting conditions once in majority
Discussion: CNN and The Hill
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
Dustin Volz / Wall Street Journal:
China Violated Obama-Era Cybertheft Pact, U.S. Official Says
Gabby Orr / Politico:
Trump moves to restrict asylum access at the U.S.-Mexico border
Discussion: Axios
 Earlier Items: 
Thomas H. Crown / T. Crown's Musings:
That Time I Was Sort of Banned From Twitter But Not Really But Really I Was
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
Alex Seitz-Wald / NBC News:
Progressives' plan for victory just took a gut-punch. Now what do they do?