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2:10 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 …
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.”
WCBS Newsradio 880:   CBS News: Chris Christie Being Considered To Replace Jeff Sessions As Attorney General
Ryan Goodman / Just Security:
A Thousand Cuts: How the Acting Attorney General Could Kill Russia Investigations Without Firing …
Discussion: emptywheel, Lawfare and The Atlantic
The Daily Beast:
Jeff Sessions' Replacement, Matthew Whitaker, Led Secretive Anti-Dem Group
Politico:
POLITICO Playbook: Trump delivers first Dem probe on a silver platter
Haaretz:
Whitaker, Acting U.S. Attorney General, Was on Board of Firm That Threatened Duped Clients With ‘Israeli Special Ops’
Discussion: CNN and The Daily Beast
Andrew C. McCarthy / National Review:
Sessions Out, Whitaker In — For Now, and Maybe for Good
Discussion: Washington Post, The Hill and VTDigger
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.
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California  —  Several hundred people were inside the venue at the time, police said.  The gunman later was confirmed dead.  —  Twelve people including a police officer were killed by a gunman at a crowded bar in Thousand Oaks, California, late Wednesday, officials said.
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.
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:
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 …
Michael Goodwin / New York Post:
Jim Acosta violated one of the oldest rules of journalism  —  By producing a split decision, the election that was supposed to end all elections turned out to be fairly predictable.  But it's the day after that was unlike any other.  —  The Republican president, the likely speaker …
Discussion: Hot Air and Instapundit
Shane Croucher / Newsweek:
Video: Sarah Huckabee Sanders Used Doctored InfoWars Footage to Justify Acosta Ban
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:
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.
EndPlay / 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 …
RELATED:
Steve Bousquet / Tampa Bay Times:
Recounts loom larger, legal action begins as margins tighten in key Florida races  —  Legal confrontations begin as Florida's close Senate race moves to treacherous recount territory.  —  As the Senate race between Gov. Rick Scott and Sen. Bill Nelson appears headed to a statewide recount …
Discussion: Florida Politics
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 …
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 …
Discussion: Talking Points Memo and Jezebel
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
Discussion: Political Wire
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.
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 …
Boris Johnson / Washington Post:
If Jamal Khashoggi's killers elude justice, Iran will exploit the consequences  —  Boris Johnson is a former foreign secretary of the United Kingdom.  —  It is now more than a month since the murder of the Saudi journalist Jamal Khashoggi - and I am starting to have an appalling suspicion.
Discussion: CNN and Middle East Eye
Susan B. Glasser / New Yorker:
“We'll Be Further Apart as a Country”: Trump, the Midterm Elections, and Why the Really Crazy Times May Just Be Beginning  —  The results of the 2018 midterm elections were both predictable and predicted, although that wasn't necessarily how it seemed when Nancy Pelosi started Election …
Discussion: Washington Post
Arizona Republic:
Election Day in Arizona: Ballots are processed … With the U.S. Senate seat hanging in the balance, the Yuma, Navajo, Apache and Maricopa County Republican parties filed a lawsuit against all Arizona county recorders and the Secretary of State late Wednesday.
 
 
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 More Items: 
Keri Blakinger / Houston Chronicle:
Promise not to kill anyone? After losing election, TX judge wholesale releases juvenile defendants
Azi Paybarah / New York Times:
Alexandria Ocasio-Cortez Will Push Washington. Will Washington Push Back?
Ginia Bellafante / New York Times:
What Max Rose Can Teach Democrats About Beating Republicans
Virgil Dickson / Modern Healthcare:
MENU  —  The CMS is drafting a proposed rule that would make it easier …
William La Jeunesse / Fox News:
Migrant caravan gets within reach of border: What happens now?
Alex Daugherty / miamiherald:
Trump mocks Miami Republicans who tried to run their own campaigns — and lost
 Earlier Items: 
Michael Finnegan / Los Angeles Times:
Down two, California Republicans could lose up to four more House seats
Discussion: Raw Story
Brian Murphy / Raleigh News & Observer:
Republicans won 50.3 percent of NC's votes for Congress. They took 10 of 13 seats.
Rachael Bade / Politico:
Jeffries makes move for Democratic leadership position
Discussion: Axios
Axios:
Ruth Bader Ginsburg hospitalized after fall
Discussion: Politico, Breitbart and ABC News
Isaac Stanley-Becker / Washington Post:
A 69-year-old man asks to be declared 49, claiming age is as fluid as gender
Discussion: Althouse
Josh Rogin / Washington Post:
Democrats prepare to investigate all aspects of Trump's foreign policy
New York Times:
For Both Parties, a Political Realignment Along Cultural Lines
Discussion: Political Wire
Mark Niesse / politics.myajc:
Why did some voting machines sit unused on busy Election Day?