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12:20 AM ET, November 9, 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:
Ben White / Politico:
Sessions' job is hard to fill.  Enter Chris Christie.  —  The shadow of special counsel Robert Mueller's ongoing investigation is complicating President Donald Trump's search for a new attorney general.  —  Labor Secretary Alex Acosta has told associates he is unlikely to accept the job …
Discussion: Breitbart
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 …
Ray Villeda / NBC New York:   Thousands in NYC Protest Trump Firing of Sessions
NY State Attorney General:
A.G. Underwood Calls For The Recusal Of Acting Attorney General Whitaker From Special Counsel's Investigation
Discussion: Raw Story and Talking Points Memo
CNN:
Whitaker backlash prompts concern at the White House
Discussion: Raw Story and KAJ-TV
Axios:
Why Trump could face legal challenges over Whitaker
Discussion: DeSmogBlog and HuffPost
Washington Post:
Before he led the Justice Department, Matthew G. Whitaker promoted company accused of deceiving clients
Discussion: CNN
David Corn / Mother Jones:
Listen: Trump's Acting Attorney General Said the President Can Kill Any Investigation He Wants
Discussion: HuffPost, New Republic, VICE News and CNN
Ali Vitali / NBC News:
Gillum statement stokes intrigue as Florida vote margin tightens  —  The Democratic governor candidate is less than 43,000 votes behind Republican Ron DeSantis and ballots are still being tallied.  —  TALLAHASSEE, Florida — All eyes were on Democratic gubernatorial candidate Andrew Gillum on Thursday …
RELATED:
WPLG-TV:
Broward County elections supervisor explains why it's taking so long to count ballots  —  'Don't try to turn it around to make it seem like I'm making comedy out of this'  —  FORT LAUDERDALE, Fla. - As Broward County appears to be at the epicenter of another recount, Supervisor of Elections …
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.
Tia Mitchell / Atlanta Journal-Constitution:
Democrats file lawsuit over Dougherty County absentee ballots  —  The Georgia Democratic Party, with support of Stacey Abrams' litigation team, has filed a lawsuit in Dougherty County claiming that voters were denied the opportunity to cast ballots by mail during the general election.
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.
Discussion: CNN and Breitbart
Will Sommer / The Daily Beast:
Republicans Freak Out as New Ballots Threaten Florida Senate Win
Discussion: CNN and Sun-Sentinel
Steve Contorno / Tampa Bay Times:
How Bill Nelson could ultimately win the recount in Florida's Senate race
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 …
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.
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 …
Drew Harwell / Washington Post:
White House shares doctored video to support punishment of journalist Jim Acosta
Aris Folley / The Hill:   Snoop Dogg smokes blunt outside White House: ‘F— the president’
TMZ.com:
Donald Trump Set Up CNN's Jim Acosta and Staged Confrontation, Congressman Says
Discussion: Raw Story
Jennifer Rubin / Washington Post:
Acosta should sue the president, and Americans should shun Sanders
Margaret Sullivan / Washington Post:
Words and walkouts aren't enough. CNN should sue Trump over revoking Acosta's press pass.
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
RELATED:
Krissah Thompson / Washington Post:
In revealing new memoir, Michelle Obama candidly shares her story
Discussion: TheBlaze
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
Yvonne Wingett Sanchez / Arizona Republic:
Election Day in Arizona: Ballots are processed
Discussion: Vox
Associated Press:
Some survived shootings in Vegas, California bar - except 1  —  THOUSAND OAKS, Calif. (AP) — Borderline Bar and Grill in California had become a safe haven for dozens of survivors of last year's massacre at a Las Vegas country music festival, a place where they gathered for line dancing and drinks.
Discussion: WSVN-TV and TheBlaze
RELATED:
New York Times:
Gunman Who Killed 12 in Thousand Oaks Shooting Is Identified
NBC News:
Mass shooting at Borderline Bar and Grill in Thousand Oaks, California
Katie Benner / New York Times:
Sessions, in Last-Minute Act, Sharply Limits Use of Consent Decrees to Curb Police Abuses  —  WASHINGTON — Former Attorney General Jeff Sessions has drastically limited the ability of federal law enforcement officials to use court-enforced agreements to overhaul local police departments 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:
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 …
RELATED:
Gideon Resnick / The Daily Beast:
Bernie Sanders on Andrew Gillum and Stacey Abrams: Many Whites Made ‘Uncomfortable’ Voting for Black Candidates
Associated Press:
The Latest: Fire captain says wildfire destroys Calif. town  —  OROVILLE, Calif. (AP) — The Latest on California wildfires (all times local):  —  A fire official says the Northern California town of Paradise has been “pretty much” destroyed.  —  CalFire Capt. Scott McLean …
Politico:
Opposition to Pelosi hardens  —  The California Democrat can't afford to lose much more support if she's going to win back the speakership.  —  Ten Democratic incumbents or members-elect told POLITICO that they will vote against Nancy Pelosi for speaker on the House floor …
Discussion: The Intercept
RELATED:
Wall Street Journal:   Nancy Pelosi's Bid to Be Speaker Isn't Quite a Done Deal
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' …
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 …
RELATED:
Protect Democracy:   BREAKING: Georgia Voters' Lawsuit Forces Brian Kemp to Resign Secretary of State Role
Alex Seitz-Wald / NBC News:
Democrats rack up more gains in House as key tight races are called  —  In Georgia's 6th House District, the Republican candidate conceded, bringing the Democratic Party's new majority to 31 seats with more possible.  —  WASHINGTON — The House Democratic majority continued to grow Thursday …
 
 
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 More Items: 
Eli Meixler / TIME:
French President Emmanuel Macron Calls for a ‘European Army’ to Defend Against China, Russia and the U.S.
Linda Greenhouse / New York Times:
Who Owns the Supreme Court?
Discussion: SCOTUSblog
Dara Lind / Vox:
Trump is about to sign an asylum ban
Benjy Sarlin / NBC News:
Midterm turnout surges to 50-year high, early estimates show
Discussion: Splinter
Laurie McGinley / Washington Post:
FDA plans to impose severe restrictions on e-cigarettes
 Earlier Items: 
Katharine Q. Seelye / New York Times:
Devah Pager, Who Documented Race Bias in Job Market, Dies at 46
Eliana Johnson / Politico:
Zinke prepares to leave Trump's Cabinet
Discussion: The Daily Caller
 

 
From Mediagazer:

Jessica Toonkel / Wall Street Journal:
A deep dive into Paramount's sale to Skydance; sources: Skydance may integrate Pluto into Paramount+, and CBS head George Cheeks is expected to be head of TV

Bloomberg:
A look at the challenges facing Crunchyroll, as current and ex-staffers say its management is out of touch, amid Disney and Netflix's expansion into anime

Max Tani / @maxwelltani:
Memo: WaPo's Matt Murray lays out plans for WP Ventures, the “third newsroom”; Krissah Thompson will be editor and Samantha Henig will be general manager

 
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