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1:15 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.”
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
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  —  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.
Washington Post:
Breaking: 13 dead including deputy, gunman, in bar filled with college students in Thousand Oaks, Calif. Dozens injured.  —  Authorities in Thousand Oaks, Calif., northwest of Los Angeles, reported 13 fatalities at a bar and dance hall late Wednesday after multiple shots were fired by a man inside.
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:
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
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.
Shane Croucher / Newsweek:
Video: Sarah Huckabee Sanders Used Doctored InfoWars Footage to Justify Acosta Ban
Brian Stelter / CNN:
White House pulls CNN's Jim Acosta's pass after contentious news conference
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:
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:
Nidhi Subbaraman / BuzzFeed News:
Democrat Lucy McBath Ran For Congress After Her Son's Murder And Won
Discussion: ThinkProgress and HuffPost
Gideon Resnick / The Daily Beast:
Bernie Sanders on Andrew Gillium and Stacey Abrams: Many Whites ‘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.
WCBS Newsradio 880:
CBS News: Chris Christie Being Considered To Replace Jeff Sessions As Attorney General  —  NEW YORK (WCBS 880/CBS News) — CBS News has learned former New Jersey Gov. Chris Christie is being considered to replace Jeff Sessions as Attorney General.  —  Christie is a long-time friend …
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:
Axios:
Ruth Bader Ginsburg hospitalized after fall  —  Supreme Court Justice Ruth Bader Ginsburg fell in her office on Wednesday evening and has been admitted to George Washington University Hospital “for observation and treatment” after fracturing three ribs, according to a statement from the Supreme Court.
Discussion: Politico and ABC News
RELATED:
Tucker Higgins / CNBC:
Supreme Court Justice Ruth Bader Ginsburg, 85, breaks ribs in fall
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.
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.
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 …
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
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: 
Boris Johnson / Washington Post:
If Jamal Khashoggi's killers elude justice, Iran will exploit the consequences
Discussion: CNN and Middle East Eye
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
Rachael Bade / Politico:
Jeffries makes move for Democratic leadership position
Discussion: Axios
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?
 

 
From Mediagazer:

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

Jack Dunn / Variety:
Trump appoints Mark Burnett, the British TV executive who created and produced the reality show The Apprentice, as a special envoy to the UK

Liz Pelly / Harper's:
How Spotify used its Perfect Fit Content program to rig its system against musicians, filling popular playlists with “ghost artists” to cut its royalty payouts
 
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