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7:40 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:
The Daily Beast:
Matthew Whitaker, Mueller's New Boss, Said There Was ‘No Collusion’ With Russia  —  The new attorney general spent a few years in right-wing media repeatedly making that claim.  —  A year-and-a-half before he took responsibility for overseeing the investigation into Russia's interference …
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 …
Axios:
Why Trump could face legal challenges over Whitaker  —  President Trump's decision to replace Attorney General Jeff Sessions with Matthew Whitaker is facing new questions, with two prominent attorneys — including the husband of White House counselor Kellyanne Conway — suggesting that it may be illegal.
Discussion: Raw Story and POLITICUSUSA
Heather Mac Donald / City Journal:
Casting Out a Man of Honor and Achievement  —  By firing Attorney General Jeff Sessions, President Trump puts his own agenda at risk.  —  Politics and law  —  President Donald Trump has finally sacked Attorney General Jeff Sessions.  The only upside to this development is that it ends …
Charlie Savage / New York Times:
Acting Attorney General Once Declared Courts ‘Inferior’ and Criticized Supreme Court's Power  —  WASHINGTON — The acting attorney general, Matthew G. Whitaker, once espoused the view that the courts “are supposed to be the inferior branch” and criticized the Supreme Court's power …
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.”
NY State Attorney General:
A.G. Underwood Calls For The Recusal Of Acting Attorney General Whitaker From Special Counsel's Investigation
Discussion: Talking Points Memo
Darren Samuelsohn / Politico:
Trump mulling whether to give written answers to Mueller, Giuliani says
Discussion: emptywheel
David Corn / Mother Jones:
Listen: Trump's Acting Attorney General Said the President Can Kill Any Investigation He Wants
Discussion: VICE News and CNN
Andrew Kaczynski / CNN:   Sessions replacement Matthew Whitaker called Mueller's appointment ‘ridiculous’ and ‘a little fishy’
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.
Sinéad Baker / Business Insider:
White House appears to share Jim Acosta mic grab video doctored by far-right Infowars
Margaret Sullivan / Washington Post:
Words and walkouts aren't enough. CNN should sue Trump over revoking Acosta's press pass.
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
Daily Mail:
CALIFORNIA SHOOTING VICTIMS:
Los Angeles Times:
Sheriff's sergeant called wife, then rushed into Thousand Oaks mass shooting scene.  ‘He died a hero’
Discussion: The Daily Caller and Breitbart
Tom Maguire / JustOneMinute:   Shooting In California / No Use Of California's ‘Gun Violence Restraining Order’ Law
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:
Steven Lemongello / Orlando Sentinel:
Florida governor's race faces recount as Senate race gets even tighter  —  Democrat Andrew Gillum was 0.52 percentage points behind Republican Ron DeSantis, a margin of just less than 43,000 votes.  A margin within .5 points would trigger an automatic machine recount, though it would have to be approved …
Cherine Eurich / Associated Press:   Florida now likely to face three ballot recounts as statewide races tighten
miamiherald:   It's not over yet: Gillum-DeSantis race for governor is likely headed to a recount
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 Gillum 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.
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' …
more at Mediagazer »
Gabby Orr / Politico:
Trump moves to restrict asylum access at the U.S.-Mexico border  —  The Trump administration on Thursday rolled out a fast-track regulation that will restrict the ability of certain migrants to seek asylum at the U.S.-Mexico border — a move that's almost certain to trigger legal challenges and humanitarian backlash.
Discussion: Axios
RELATED:
Bloomberg:   Trump Administration Moves to Restrict Asylum Claims by Migrants
Politico:
Zinke exploring role with Fox News  —  Interior Secretary Ryan Zinke reached out to Fox News inquiring about working at the conservative news channel as a contributor, according to sources familiar with the move.  —  Zinke's outreach came as the scandal-plagued former Navy SEAL …
Discussion: Political Wire
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 …
Laurie McGinley / Washington Post:
FDA plans to impose severe restrictions on e-cigarettes  —  The Food and Drug Administration, alarmed by a huge increase in vaping among minors, is expected to impose severe restrictions on the sale of e-cigarettes products throughout the United States — actions that will likely …
Discussion: Joe.My.God.
 
 
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 More Items: 
Yvonne Wingett Sanchez / Arizona Republic:
McSally vs. Sinema ballot update: About 2,000 votes separate the candidates, with Sinema in the lead
Discussion: Political Wire
Katharine Q. Seelye / New York Times:
Devah Pager, Who Documented Race Bias in Job Market, Dies at 46
Dustin Volz / Wall Street Journal:
China Violated Obama-Era Cybertheft Pact, U.S. Official Says
Jared Keller / Task & Purpose:
Marine Veteran Among Dead In Thousand Oaks Mass Shooting
Discussion: ABC News
Thomas H. Crown / T. Crown's Musings:
That Time I Was Sort of Banned From Twitter But Not Really But Really I Was
Politico:
Here's the Road Map to the Next Decade of American Politics
Bloomberg:
Democrats Plan to Revive House Climate Committee
Discussion: CNN
Choire Sicha / New York Times:
Your Office Doesn't Have Nap Time Because You Are Not a Child
 Earlier Items: 
Alex Thompson / Politico:
Source: Eric Swalwell to run for president in 2020
Discussion: Joe.My.God.
Alex Seitz-Wald / NBC News:
Progressives' plan for victory just took a gut-punch. Now what do they do?
Brian Murphy / Raleigh News & Observer:
Republicans won 50.3 percent of NC's votes for Congress. They took 10 of 13 seats.
Discussion: The Guardian and Hullabaloo
New York Times:
For Both Parties, a Political Realignment Along Cultural Lines
Discussion: TheBlaze
 

 
From Techmeme:

Bloomberg:
Netflix says 60M households watched the Paul vs. Tyson boxing bout live around the world, peaking at 65M concurrent streams

Gavin Anderegg / anderegg.ca:
Bluesky is working to become fully decentralized but it could take years amid financial concerns as it makes money only by selling domains for usernames

Wall Street Journal:
Sources: ByteDance is valuing itself at about $300B as part of a recent buyback offer, one of its highest valuations ever
 
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