memeorandum: A First Lady Undeterred — A pandemic. A war. A country at its breaking point. (Mattie Kahn/Harper's BAZAAR)

7:05 PM ET, May 31, 2022

Top Items:

Devlin Barrett / Washington Post:

Special counsel loses first trial of Trump probe; Sussmann acquitted — ‘Politics were not a factor,’ the jury forewoman said after Michael Sussmann was cleared of lying to the FBI during the 2016 election — A federal jury delivered a major setback to special counsel John Durham on Tuesday …

Discussion: New York Post, The Daily Beast, Election Law Blog, Forbes, TheBlaze, POLITICUSUSA, Big League Politics, Balloon Juice and Mediaite

Margot Cleveland / The Federalist:

Even Without The Jury Convicting Michael Sussmann, The Special Counsel Has Won — Measuring Special Counsel John Durham's performance by the outcome in United States v. Sussmann would be a mistake. — The jury in the Michael Sussmann criminal case resumes deliberations today after the long Memorial Day weekend.

Discussion: ABC News, Ace of Spades HQ, pjmedia.com, National Review and Washington Free Beacon

Charlie Savage / New York Times:

Michael Sussmann Is Acquitted in Case Brought by Trump-Era Prosecutor — The Democratic-linked lawyer was accused of lying about his clients to the F.B.I. when he passed on a tip about possible connections between Donald J. Trump and Russia. — Give this article- - - Read in app

Discussion: Mother Jones, HotAir, The Daily Caller, NewsNation, Daily Kos and MindWar

Carrie Johnson / NPR:

Special Counsel Durham fails first courtroom test in his three-year probe — A jury in Washington DC has acquitted lawyer Michael Sussmann on a single charge of lying to the FBI, dealing a blow to the three-year investigation by special counsel John Durham.

Philip Bump / Washington Post:

What if — and bear with me here — John Durham doesn't have the goods? — The last time anyone saw them, the goal posts were about three miles due west of Ottumwa, Iowa, having been dragged there, foot by painful foot, from their original position just outside of William P. Barr's Department of Justice.

Byron York / Washington Examiner:

What Durham proved — WHAT DURHAM PROVED. The trial of Michael Sussmann is before a jury in Washington, D.C. Sussmann is the Democratic lawyer who, according to special counsel John Durham, lied to the FBI in 2016 when, working on behalf of the Hillary Clinton campaign, he tried to plant a derogatory story about Donald Trump.

Discussion: Talking Points Memo, Washington Times, Fox News, Breitbart, RedState, New York Post, America First Report, American Greatness, Raw Story, The Gateway Pundit, Townhall and CBS News

Jonathan Chait / New York Magazine:
John Durham Tried to Prove Trump's Russiagate Theory. Instead He Debunked It.

Discussion: Washington Post, CNN, Twitchy and Political Wire

Josh Gerstein / Politico:
Sussmann acquitted on charge brought by special counsel Durham

Discussion: The Reactionary, Raw Story and Power Line

Fox News:
Michael Sussmann found not guilty of charges brought by Special Prosecutor John Durham

Discussion: Mediaite, RedState and Insider

Eric Tucker / Associated Press:
Clinton campaign lawyer acquitted of lying to the FBI

Discussion: New York Post, CNN, Reuters, Wall Street Journal, Washington Examiner, Zandar Versus The Stupid, RedState, IJR, Associated Press, WTOP News, POLITICUSUSA, USA Today, Bloomberg, Rolling Stone, The Daily Beast, The Daily Wire, The Gateway Pundit and CBS News

Steve Benen / MSNBC:
In a major setback for Durham, jury acquits former Clinton lawyer

Discussion: NBC News, The Guardian and Raw Story

Guillermo Contreras / San Antonio Express-News:

Lawyer: Uvalde teacher did not leave door open that gunman used to enter Robb Elementary School — An employee at Robb Elementary School had propped open a door to carry food from a car to the classroom last Tuesday, but closed it shut after realizing that a gunman was loose and heading toward the school, her San Antonio lawyer said.

Discussion: Associated Press, Axios, Washington Examiner, HotAir, ABC News, Daily Mail, Fox News, POLITICUSUSA, NBC 5 Dallas-Fort Worth, Insider and Raw Story

Jesse Ortiz / ABC News:

Uvalde police, school district no longer cooperating with Texas probe of shooting — Texas officials are investigating law enforcement's response to the shooting. — Video by Jessie DiMartino By Josh Margolin and Aaron Katersky — The Uvalde Police Department and the Uvalde Independent …

Discussion: The Daily Beast, NBC News, New York Post, Mediaite, Conservative Review, Axios, Alternet.org and Balloon Juice

NBC News:

Texas school police chief hasn't responded for days to state investigators about Uvalde shooting — Police response to Uvalde school shooting under review, as funeral services begin — A local police chief in Uvalde, Texas, hasn't responded for a follow-up interview in a state investigation …

Discussion: The Daily Wire, Daily Kos, NBC 5 Dallas-Fort Worth and Washington Examiner

CNN:

Exclusive: Supreme Court leak investigation heats up as clerks are asked for phone records in unprecedented move — (CNN)Supreme Court officials are escalating their search for the source of the leaked draft opinion that would overturn Roe v. Wade, taking steps to require law clerks …

Ariane de Vogue / CNN:

Supreme Court case may determine winner of Pennsylvania's GOP Senate primary — Oz, McCormick deadlocked in Pennsylvania GOP Senate race — (CNN)Supreme Court Justice Samuel Alito agreed Tuesday to temporarily block a lower court decision that allows the counting of undated ballots …

Discussion: NBC News, Politico, Bloomberg and Talking Points Memo

Washington Post:

Supreme Court puts Texas social media law on hold while legal battle continues — The Supreme Court on Tuesday put on hold a Texas law that bars social media companies from removing posts based on a user's political ideology, while a legal battle over whether such measures violate the First Amendment continues in lower courts.

Discussion: New York Times, Politico, Bloomberg, Washington Examiner, The Hill, Washington Times, Variety, CNBC, Protocol, Election Law Blog, Deadline and Houston Public Media, more at Mediagazer »

Robert Barnes / Washington Post: Alito delays counting of undated ballots in Pennsylvania

Paul Waldman / Washington Post:
Opinion On abortion and guns, Republicans are ready to abandon federalism

Discussion: Raw Story

David M. Drucker / Washington Examiner:
McCormick wants hand recount in Pennsylvania with GOP Senate primary unresolved

Discussion: The Daily Wire

Henry J. Gomez / NBC News:
McCormick seeks hand recounts in Pa.'s unsettled GOP Senate primary

Discussion: Fox News and Raw Story

NBC News:

Inside a Biden White House adrift — Biden facing sinking approval ratings ahead of midterm elections — WASHINGTON — Faced with a worsening political predicament, President Joe Biden is pressing aides for a more compelling message and a sharper strategy while bristling at how they've tried …

Mattie Kahn / Harper's BAZAAR:

A First Lady Undeterred — A pandemic. A war. A country at its breaking point. Dr. Jill Biden has faced it all with the grace and conviction that has guided her all her life—showing up for her students, her friends and family, the American people, her husband, and herself. — STORY BY

Daniel Lippman / Politico:
Biden sees exodus of Black staffers and some frustration among those who remain

Discussion: Mediaite, The Daily Wire, Twitchy, Breitbart, Townhall, IJR, The Daily Caller, CNSNews, New York Post, Washington Examiner, HotAir and Insider

Guy Benson / Townhall:
NBC News: Biden ‘Rattled’ By Polling, Angry He's Not Getting Enough Credit

Discussion: Newsweek, Instapundit, Twitchy and RedState

Wall Street Journal:

Cracks Show in Western Front Against Russia's War in Ukraine — Allies are increasingly divided on further heavy-weapons shipments to Kyiv — Cracks are appearing in the Western front against Moscow, with America's European allies increasingly split over whether to keep shipping …

Discussion: HuffPost, New York Times, Washington Post, The Guardian and Next War Notes newsletter

Nate Raymond / Reuters:

Fed judiciary says yes to free PACER searches. Here are the details so far — (Reuters) - Federal judiciary policymakers have approved a plan to eliminate costly fees for online docket searches amid debate in Congress about whether to force the court system to make its PACER electronic court record system free for the general public.

more at Mediagazer »

New York Times:

We Clerked for Justices Scalia and Stevens. America Is Getting Heller Wrong. — Ms. Shaw is a professor of law at Cardozo Law School. Mr. Bash is an attorney in private practice in Austin, Texas. — In the summer of 2008, the Supreme Court decided District of Columbia v. Heller …

Discussion: National Review, Reason, Eschaton and Washington Monthly

Amber Phillips / Washington Post:
How the Second Amendment was reinterpreted to protect individual rights

Discussion: Fox News and Twitchy

Rory Jones / Wall Street Journal:

Expatriate Executives Flee Saudi Arabia's Bad Bosses — The kingdom wants to attract the world's best and brightest to futuristic projects such as Neom. But a difficult workplace culture is driving many away. — In the summer of 2020, two videogame companies canceled sponsorship deals …

Discussion: Bloomberg

CNN:

Treasury secretary concedes she was wrong on ‘path that inflation would take’ — Washington (CNN)US Treasury Secretary Janet Yellen admitted Tuesday that she had failed to anticipate how long high inflation would continue to plague American consumers as the Biden administration works to contain a mounting political liability.

Discussion: Washington Post, National Review and HotAir

Edward Luce / Financial Times:

Is America heading for civil war? — A clutch of books makes an alarmingly persuasive case that the warning lights are flashing redder than at any point since 1861 — In the summer of 2015, America caught a glimpse of how its future could unfold. The US military conducted a routine exercise …

Kate Brumback / Associated Press:

Cyber agency: Voting software vulnerable in some states — ATLANTA (AP) — Electronic voting machines from a leading vendor used in at least 16 states have software vulnerabilities that leave them susceptible to hacking if unaddressed, the nation's leading cybersecurity agency says in an advisory sent to state election officials.

Discussion: Washington Examiner

New York Times:

'The Killings Didn't Stop.' In Mali, a Massacre With a Russian Footprint. — Civilian deaths have spiked in Mali since Russian mercenaries of the Wagner Group began operating alongside the military. In late March, hundreds were executed in the village of Moura. — Give this article- - - Read in app

Discussion: Raw Story

Monica Lewinsky / Vanity Fair:

Monica Lewinsky's Verdict on the Johnny Depp-Amber Heard Trial: We Are All Guilty — Courtroom porn and social media have turned innocent bystanders into a mass of mudslingers. — PHOTOS FROM GETTY IMAGES. — Unless you're a troglodyte, you've been exposed to something about the Depp v. Heard trial in the past few weeks.

Discussion: The Hill and Breitbart

Helene Cooper / New York Times:

Russian Military Is Repeating Mistakes in Eastern Ukraine, U.S. Says — President Vladimir V. Putin sent in a new commander in April, but Russian troops are still facing morale and other problems, American officials say. — Give this article- - - Read in app

Discussion: Political Wire

CNN:

Georgia attorney general subpoenaed in Trump investigation — An Atlanta-area prosecutor investigating former President Donald Trump's efforts to overturn Georgia's 2020 election results has subpoenaed state Attorney General Chris Carr, according to a copy of the subpoena obtained by CNN.

Discussion: Talking Points Memo and Raw Story

Jennifer Rubin / Washington Post:

Opinion Garland's mushy speech to Harvard grads does not inspire confidence — Attorney General Merrick Garland, whose slow-motion investigation of the plot to overthrow the 2020 election has frustrated defenders of democracy, spoke at a Harvard commencement ceremony on Sunday.

Discussion: CNSNews, The Daily Wire and The Daily Caller