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10:40 PM ET, November 5, 2020

memeorandum

 Top Items: 
Nancy Cook / Politico:
Trump prepares to launch a second term early, even without winning  —  President Donald Trump has struggled to convince the country he already won the election.  So he's just going to do the next best thing: Act like he's starting his second term early.  —  Trump and his aides have settled …
RELATED:
Washington Post:
Trump turns angry and despondent as possible defeat looms  —  By Thursday morning, President Trump was angry and defiant.  —  The polls had closed more than a full 24 hours before, and as several key states continued to update their ballot counts, the election increasingly felt …
Ebony Bowden / New York Post:
Trump to speak from White House as vote count leans toward Biden
Richard L. Hasen / Slate:
What's Trump's Endgame if the Race Is Called for Biden?
Adam Klasfeld / Law & Crime:
‘Come on Now’: Michigan Judge Scoffs at and Tosses Trump Campaign Lawsuit Backed by ‘Hearsay’ Evidence  —  In President Donald Trump's second loss in court in a single day, a Michigan judge rejected the Trump campaign's bid to stop counting ballots without their inspectors present.
RELATED:
Washington Post:
Judges in two states reject Trump campaign lawsuits as the president continues to press unsubstantiated claims of fraud
Rebecca Shabad / NBC News:
Trump supporters, protesters clash outside Detroit absentee ballot counting center
Discussion: Associated Press, Denver Post, UPI and CNBC
New York Times:
Election 2020 Live Updates: Protests and Legal Skirmishes as Counting Continues in Final Six States … Senate tally includes 65 seats not up for election.  —  Nevada has about 190,000 ballots still to be counted, the secretary of state said.  Ninety percent of them are from Clark County …
RELATED:
Nate Cohn / New York Times:
Biden Appears to Hold Edge in the Key Votes Left to Be Counted
David Ingram / NBC News:
Twitter bans Steve Bannon after call for beheadings; YouTube removes video  —  Twitter banned an account associated with Steve Bannon on Thursday and YouTube removed one of his videos after the former Trump adviser called for the beheadings of two federal officials.
Discussion: Washington Examiner
RELATED:
Politico:
Dem leaders warn liberal rhetoric could blow Georgia races  —  Speaker Nancy Pelosi and her top lieutenants had a stark warning for Democrats on Thursday: Swing too far left and they're all but certain to blow their chances in the Georgia runoff that will determine which party controls the Senate.
RELATED:
Associated Press:
Counties with worst virus surges overwhelmingly voted Trump  —  U.S. voters went to the polls starkly divided on how they see President Donald Trump's response to the coronavirus pandemic, with a surprising twist: In places where the virus is most rampant now, Trump enjoyed enormous support.
Talia Kaplan / Fox News:
Trump ‘turning up the heat’ with rhetoric does not help his legal case over ballots, says Andrew McCarthy  —  ‘Turning up the heat politically does not help persuade the judges,’ McCarthy argues  —  Fox News Go  —  President Trump's “provocative” comments could dissuade the Supreme Court …
Discussion: COURIER and National Review
RELATED:
David Marcus / The Federalist:
The U.S. Supreme Court Should Act On Pennsylvania's Vote Count
New York Sun:
Justice Samuel Alito, Prophet
New York Times:
N.Y.P.D. Anti-Harassment Official Accused of Racist Rants  —  The official was relieved of his command after City Council investigators amassed evidence that he posted vitriolic messages online under the name “Clouseau.”  —  For more than 20 years, an online chat board called the Rant …
Discussion: New York Post
NBC News:
Long at odds with Trump, Defense Secretary Esper has prepared a resignation letter, say officials  —  WASHINGTON — Defense Secretary Mark Esper has prepared a letter of resignation, according to three current defense officials.  —  It's not uncommon for Cabinet secretaries to prepare undated letters …
Wall Street Journal:
Facebook Imposes Limits on Election Content, Bans ‘Stop the Steal’ Group  —  Company announces new measures to restrict the spread of false and possibly dangerous material  —  Facebook Inc. is tightening its grip on speech across its platforms, invoking some of the emergency measures …
RELATED:
Ali Breland / Mother Jones:
A Massive “Stop the Count” Facebook Group Has Ties to Republican Operatives
NBC News:
Pro-Trump operatives coordinated viral #StopTheSteal events. Facebook shut them down.
Washington Post:
USPS processed 150,000 ballots after Election Day, jeopardizing thousands of votes  —  The number of mailed ballots not delivered by Nov. 3 is expected to grow as more postal data is released in the coming days.  —  More than 150,000 ballots were caught in U.S. Postal Service processing facilities …
NPR:
Where Presidential Election Votes Are Still Being Counted … Loading...  With both President Trump and Joe Biden still short of the 270 electoral votes needed to claim victory, anxious Americans are left with little to do but be patient and wait as election officials in key swing states furiously work …
RELATED:
Paul Steinhauser / Fox News:
Biden's campaign insists former VP ‘will be the next president’
New York Times:
The Disinformation Is Coming From Inside the White House  —  The president and his allies have united right-wing media and internet trolls with false messaging that legitimate vote counting should stop.  —  A disinformation push to subvert the election is well underway, and it is coming straight from President Trump and his allies.
Axios:
GOP Senate wins wreak havoc on Biden transition plans  —  Republicans' likely hold on the Senate is forcing Joe Biden's transition team to consider limiting its prospective Cabinet nominees to those who Mitch McConnell can live with, according to people familiar with the matter.
RELATED:
Kurt Wagner / Bloomberg:
Trump's Special Twitter Treatment Would End With Biden Win  — For now, violating posts get warning label, not removal  — But ‘world leader’ newsworthiness rules wouldn't apply  —  As U.S. president, Donald Trump receives special treatment from Twitter Inc. when he violates …
BuzzFeed News:
Facebook Has An Internal Metric For “Violence And Incitement Trends.”  Right Now It's Rising.  —  As votes are being tallied across the country to determine the next US president, internal Facebook data shows that the company has seen a significant increase in what it calls “violence and incitement trends.”
Bob McManus / New York Post:
NYC coddles the privileged, pain-in-ass anarchists who spit on cops  —  The first thing to notice about the young, ahh, lady arrested in Manhattan Wednesday for spitting in a cop's face is that she was back on the street before they had time to test the cop for rabies.  —  Think of that as cause and effect.
Politico:
POLITICO Playbook PM: Has anyone seen Donald Trump?  —  IS ANYONE ELSE SURPRISED the president has not done a news conference or interview in the last 24 hours?  As his campaign aides and lawyers fan across the country, President DONALD TRUMP has been uncharacteristically quiet.  (Except on Twitter, of course.)
RELATED:
George Conway / Washington Post:
A presidency fueled by lies finishes with the worst of them all  —  It's somehow fitting.  A presidency launched with lies, and fueled by them ever since, was destined to finish with the worst of them all.  —  Donald Trump's presidency began on Jan. 20, 2017, with what he asserted was …
Discussion: Raw Story and POLITICUSUSA
 
 
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 More Items: 
Blake Montgomery / The Daily Beast:
Special Counsel's Office Opens Hatch Act Investigation Into Trump's Use of White House for Campaign Events
Discussion: Raw Story
The Appeal:
How Criminal Justice Reform Fared at the Ballot Box on Tuesday
Jessie Hellmann / The Hill:
Two states to require masks in public at all times, regardless of distance from others
Discussion: Washington Examiner
Omaha World-Herald:
Thousands of Omaha-area voters backed Democrat Biden, Republican Bacon
Discussion: Fox News
Megan Messerly / The Nevada Independent:
Biden slightly expands lead over Trump as Nevada releases first results in 24 hours
Discussion: The Week, KXAN-TV, Forbes and UPI
 Earlier Items: 
John Podhoretz / Commentary Magazine:
The Repudiation  —  The 2020 election, it appears, was a staggering repudiation of Donald Trump.
Discussion: hotair.com and The Intercept
The Philadelphia Inquirer:
35,000 ballots remain in Allegheny County, but most won't be counted until Friday
 

 
From Techmeme:

Greg Stohr / Bloomberg:
Filing: Trump asks SCOTUS to pause the law that could ban TikTok, saying the court should give him time to “pursue a political resolution” of the dispute

A.J. Vicens / Reuters:
The US plans to update HIPAA with new cybersecurity rules to protect patients' private data, including mandatory encryption and multifactor authentication

Jennifer Elias / CNBC:
A look at Google's pressure-filled 2024 under Sundar Pichai, notching some AI wins with new Gemini models and navigating product mishaps, layoffs, and more

 
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