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4:10 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:
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 …
CNN:
Trump reviewing his answers to Mueller as he changes who oversees the Russia investigation  —  Washington (CNN)As he was preparing to remove Jeff Sessions as attorney general, President Donald Trump had already begun reviewing with his lawyers the written answers to questions from special counsel Robert Mueller.
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.”
Darren Samuelsohn / Politico:   Trump mulling whether to give written answers to Mueller, Giuliani says
Axios:   Why Trump could face legal challenges over Whitaker
Ryan Goodman / Just Security:
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing …
Discussion: emptywheel, The Atlantic and Lawfare
Andrew Kaczynski / CNN:
Sessions replacement Matthew Whitaker called Mueller's appointment ‘ridiculous’ and ‘a little fishy’
Discussion: The Daily Beast
Jon Swaine / The Guardian:
Trump's acting attorney general was part of firm US accused of vast scam
Discussion: Joe.My.God.
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.
Jennifer Rubin / Washington Post:
Acosta should sue the president, and Americans should shun Sanders  —  The White House revoked the press pass of and defamed CNN's Jim Acosta, falsely accusing him of putting his hands on an intern.  Press secretary Sarah Sanders accused Acosta of “placing his hands” on the intern.
Sinéad Baker / Business Insider:
White House appears to share Jim Acosta mic grab video doctored by far-right Infowars  — White House Press Secretary is accused of sharing a doctored video of CNN's Jim Acosta from far-right outlet Infowars.  — A White House intern tried to take Acosta's microphone away …
Andrew Restuccia / Politico:
Trump to ditch Washington restraints as 2018 closes
Discussion: Washingtonian, VTDigger and Breitbart
Michael Goodwin / New York Post:
Jim Acosta violated one of the oldest rules of journalism
Discussion: Hot Air
Shane Croucher / Newsweek:
Video: Sarah Huckabee Sanders Used Doctored InfoWars Footage to Justify Acosta Ban
Discussion: Gizmodo and The Guardian
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.
Associated Press:
The Latest: 29-year-old used smoke, .45-caliber handgun  —  THOUSAND OAKS, Calif. (AP) — The Latest on a shooting at a bar in Southern California (all times local):  —  A law enforcement official says authorities have identified the gunman and the handgun he used to kill 12 people at a Southern California bar.
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California
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:
Steve Bousquet / Tampa Bay Times:
Recounts loom larger, legal action begins as margins tighten in key Florida races
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
Gideon Resnick / The Daily Beast:
Bernie Sanders on Andrew Gillium 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.
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: 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.
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 …
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 …
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 …
Alex Thompson / Politico:
Source: Eric Swalwell to run for president in 2020  —  Democratic Rep. Eric Swalwell plans to run for president in 2020, according to a person close to the California congressman who is familiar with his plans.  —  “He's definitely running,” the source said.  —  Story Continued Below
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child  —  Being a grown-up means being responsible for your choices.  Like many grown-ups, you can also decide you don't need to care. … A Man Asks the Obvious Obviously  —  I want to ask out this woman at my company.
Alex Seitz-Wald / NBC News:
Progressives' plan for victory just took a gut-punch.  Now what do they do?  —  The Left has been eager to show it can build a winning coalition for 2020 and beyond.  But that didn't happen in the midterms.  —  Progressives were hoping Tuesday's elections would finally give them definitive proof …
Brian Murphy / Raleigh News & Observer:
Republicans won 50.3 percent of NC's votes for Congress.  They took 10 of 13 seats.  —  Democrats rushed to a majority in the U.S. House by flipping seats in Republican states across the nation, including South Carolina, Utah, Iowa, Kansas and Oklahoma.  —  But despite heavy investments …
Discussion: The Guardian and Hullabaloo
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.
 
 
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 More Items: 
U.S. Department of the Treasury:
Treasury Sanctions Officials and Targets Entities Supporting Russia's Occupation of Crimea …
Bloomberg:
Democrats Plan to Revive House Climate Committee
Discussion: CNN
Matt Taibbi / Rolling Stone:
Bernie Sanders Opens Up About New Democrats in Congress, Taking on Trumpism
Anne Flaherty / ABC News:
From Trump's tax returns to health care, 7 ways Dems might try to go after Trump and GOP agenda
Daniel Nichanian / The Appeal:
How Tuesday's Sheriff Elections Dealt a Blow to ICE
Boris Johnson / Washington Post:
If Jamal Khashoggi's killers elude justice, Iran will exploit the consequences
 Earlier Items: 
Michael Finnegan / Los Angeles Times:
Down two, California Republicans could lose up to four more House seats
Discussion: Raw Story
WCBS Newsradio 880:
CBS News: Chris Christie Being Considered To Replace Jeff Sessions As Attorney General
Discussion: AOL
Isaac Stanley-Becker / Washington Post:
A 69-year-old man asks to be declared 49, claiming age is as fluid as gender
Discussion: The Guardian, Engadget and Althouse
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
Mark Niesse / politics.myajc:
Why did some voting machines sit unused on busy Election Day?
Arizona Republic:
Election Day in Arizona: Ballots are processed