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2:55 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.”
WCBS Newsradio 880:
CBS News: Chris Christie Being Considered To Replace Jeff Sessions As Attorney General
Discussion: AOL
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
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 …
Drew Harwell / Washington Post:
White House shares doctored video to support punishment of journalist Jim Acosta
Michael Goodwin / New York Post:
Jim Acosta violated one of the oldest rules of journalism
Discussion: Hot Air and Instapundit
Shane Croucher / Newsweek:
Video: Sarah Huckabee Sanders Used Doctored InfoWars Footage to Justify Acosta Ban
Discussion: Gizmodo and The Guardian
Michelle Fields / The Atlantic:
Now I Know Why They Said I Lied  —  Trump supporters accused …
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 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:
Steve Contorno / Tampa Bay Times:
How Bill Nelson could ultimately win the recount in Florida's Senate race
Discussion: The Capitolist
Allegra Kirkland / Talking Points Memo:
Nelson Campaign ‘Confident’ It Has The Votes To Win Florida Senate Recount
Discussion: RedState and twitchy.com
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
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 …
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 …
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 and Joe.My.God.
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
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.
Tucker Higgins / CNBC:
Supreme Court Justice Ruth Bader Ginsburg, 85, breaks ribs in fall  — Supreme Court Justice Ruth Bader Ginsburg, 85, fell in her office at the court and fractured three ribs, according to a release Thursday.  — “Tests showed that she fractured three ribs on her left side and she was admitted …
RELATED:
Axios:
Ruth Bader Ginsburg hospitalized after fall
Discussion: Breitbart, Politico and ABC News
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 …
 
 
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 More Items: 
Daniel Nichanian / The Appeal:
How Tuesday's Sheriff Elections Dealt a Blow to ICE
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child
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?
Boris Johnson / Washington Post:
If Jamal Khashoggi's killers elude justice, Iran will exploit the consequences
Ginia Bellafante / New York Times:
What Max Rose Can Teach Democrats About Beating Republicans
 Earlier Items: 
William La Jeunesse / Fox News:
Migrant caravan gets within reach of border: What happens now?
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.
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
Discussion: Political Wire
Mark Niesse / politics.myajc:
Why did some voting machines sit unused on busy Election Day?
Arizona Republic:
Election Day in Arizona: Ballots are processed