memeorandum: The Sweep and Force of Section Three (SSRN)

10:40 AM ET, August 11, 2023

Top Items:

Biden attorneys are in talks with special counsel Robert Hur over terms to interview the president — Attorney General Merrick Garland appointed Hur to investigate Biden's handling of classified documents after his term as vice president ended. — WASHINGTON — Attorneys for President Joe Biden …

Discussion: The Messenger, Washington Examiner, Mediaite and Fox News

Politico:

Biden world sees the making of a wider path to victory in 2024 — The president's team is focused on the states that got him the White House. But the issue of abortion has them dreaming of something bigger. — Joe Biden's team thinks his path to victory in 2024 could look an awful lot like it did in 2020.

Discussion: New York Daily News, CNN and Associated Press

NBC News:
Sen. Joe Manchin to skip a big White House event as he considers running against Biden

Discussion: The Guardian, The Daily Caller, Twitchy, Washington Post, PJ Media, Just The News, Crooks and Liars, The Messenger, Bloomberg, Fox News, Washington Examiner, Raw Story and One America News Network

Dan Mangan / CNBC:

Trump's Truth Social tipped FBI to man killed during arrest attempt for Biden threats — The social media company owned by former President Donald Trump in March tipped off the FBI about threats made by a Utah man who was fatally shot Wednesday by FBI agents as they attempted to arrest him for threatening to kill President Joe Biden.

Discussion: The Messenger, Breitbart, The Gateway Pundit, Raw Story, Mediaite, Crooks and Liars and Salt Lake Tribune

Tara Suter / The Hill:

Former Trump attorney Michael Cohen considering NY congressional bid — Michael Cohen, who served as former President Trump's personal attorney, said in a new interview that he is considering a run for Congress. — Cohen told Semafor he is “interested” in running as a Democrat.

Discussion: Crooks and Liars

Politico:

On hip-hop's 50th birthday, a legendary DJ eyes office — Eric B. & Rakim is one of the most influential groups in hip-hop history. — Rolling Stone ranked them the fifth greatest musical duo of all time, ahead of Sonny & Cher and Outkast. They broke out in 1986 with their first single: “Eric B. is President.”

Discussion: The Messenger

Kadia Goba / Semafor:
Ex-Trump attorney Michael Cohen considers run for Congress

Discussion: The Messenger, Raw Story and Political Wire

The Daily Beast:

Jack Smith Wants Trump Convicted by Super Tuesday — The Department of Justice is suggesting that Trump's trial for trying to overturn the 2020 election should begin on Jan. 2, 2024—and last no more than six weeks. — Special Counsel Jack Smith's office wants to put former President Donald Trump …

Discussion: Breitbart, NBC News, BizPac Review, Axios, Washington Examiner, Politico, Rolling Stone, New York Magazine, CNN, Law & Crime, Los Angeles Times, Bloomberg, The Messenger, PoliticusUSA and New York Times

Jose Pagliery / The Daily Beast:
Inside One ‘Egregious’ Mistake From Trump's Florida Judge Aileen Cannon

Discussion: Raw Story and KHON2

Adam Gabbatt / The Guardian: The kingmaking Trump ally behind a cadre of rightwing judges

Kyle Morris / Fox News:
Trump confronted on golf course about no-showing Florida court appearance

Discussion: CBS News, Raw Story, The Western Journal, New York Post, Metro.co.uk, CNBC, Reuters, Sun-Sentinel and Washington Post

Adam Liptak / New York Times:

Conservative Case Emerges to Disqualify Trump for Role on Jan. 6 — Two law professors active in the Federalist Society wrote that the original meaning of the 14th Amendment makes Donald Trump ineligible to hold government office. — Reporting from Washington

Discussion: HuffPost, Talking Points Memo, The Hill, Digby's Hullabaloo, Morning Shots and Raw Story

SSRN:

The Sweep and Force of Section Three — University of Pennsylvania Law Review, Vol. 172, 2024 — University of Chicago - Law School University of St. Thomas School of Law — Abstract — Section Three of the Fourteenth Amendment forbids holding office by former office holders who then participate in insurrection or rebellion.

Discussion: 19FortyFive, Contemplating Life …, Reason and Raw Story

Dan Merica / The Messenger:

'They're Going to Shoot Someone:' Michigan Republicans Warn of Civil War at Pool Party Fundraiser for Fake Electors — An audio recording obtained by The Messenger highlights just how dire the Republicans charged in the 2020 election scheme - and the people around them - see their fight

Discussion: Raw Story, Associated Press and CNN

New York Times:

How Are Iowa Democrats? 'I Can't Even Describe to You How Bad It Is.' — As Republican presidential candidates flock to the state, Democrats there are despondent, exhausted by repeated defeats and the loss of their first-in-the-nation nominating contest. — Not long ago, Iowa was the center of the Democratic political universe.

Discussion: Washington Examiner, CBS News and Politico

Ben Birnbaum / Politico:

The Totally Not Boring Story of the Most Normal Republican Presidential Candidate — Asa Hutchinson was a GOP star. Then came Donald Trump. — Asa Hutchinson, former governor of Arkansas and current presidential candidate, held a meet and greet with the Crawford County Republican Women …

Paul Steinhauser / Fox News:
GOP presidential candidate says rivals who don't make the debate stage should drop out

Discussion: PJ Media, The Hill, Slate, New York Magazine, The Messenger and Vanity Fair

Jamie McIntyre / Washington Examiner:

Anatomy of Biden's Iran hostage deal: 5 Americans for $6 billion South Korea owes Iran for oil — ‘A POSITIVE STEP’: Five Americans who the U.S. says have been unjustly imprisoned in Iran for years may soon be freed under terms of a Biden administration deal worked out through Swiss intermediaries …

Discussion: Fox News, United States Department …, Power Line, Mediaite, Breitbart, The Messenger, The Gateway Pundit, Soldier of Fortune Magazine, Twitchy, FDD, The Hill, Bloomberg, UPI and New York Times

Politico:
Republicans slam Biden's deal to free Americans in Iran as ‘appeasement’

Discussion: BizPac Review, HotAir, New York Times, One America News Network, NBC News, Fox News, PBS NewsHour, CBS News, PJ Media, The Daily Caller, Al Jazeera, RedState, Washington Free Beacon, Just The News, Semafor and Forbes

Public Notice:

Ohio's rejection of Issue 1 shows how toxic abortion has become for the GOP — Turns out even folks in red and purple states don't like to have their rights taken away. — ∙ Paid … By Noah Berlatsky — For decades, the right argued that Roe v. Wade was an assault on democracy …

Discussion: The Messenger, The Daily Beast, Talking Points Memo, Roll Call, Washington Examiner, Daily Kos, USA Today, NBC News and CBS News

Austin American-Statesman:

Exclusive: Federal grand jury reviewing Ken Paxton's ties to Austin developer Nate Paul — Ryan Autullo Tony PlohetskiAustin American-Statesman — Federal prosecutors have seated a grand jury in San Antonio and called witnesses close to suspended Texas Attorney General Ken Paxton to testify …

Discussion: Raw Story and The Texas Tribune

Elaine Godfrey / The Atlantic:

Is Ben Wikler the Most Important Democrat in America? — The Wisconsin chair has turned around his party's fortunes. But his winning formula faces a stern test in 2024. — The man who has been hailed as “the best state chair in the country” is not a national household name.

Laura Vozzella / Washington Post:

Recordings show Va. swing district candidate favors ‘total ban’ on abortion — RICHMOND — John Stirrup has been playing up crime, taxes and other bread-and-butter issues while running for the House of Delegates in a purple Northern Virginia district, but the Republican didn't mince words …

Discussion: Blue Virginia and Political Wire

Nick Robertson / The Hill:

DeSantis suggests he would use drone strikes against drug cartels — Republican presidential candidate Gov. Ron DeSantis (Fla.) said he would use “whatever force we need to” to take down Mexican drug cartels if elected president, with or without help from the Mexican government.

Discussion: Fox News, Washington Examiner, TheBlaze, Breitbart, NBC News and Rolling Stone

Alex Tabet / NBC News:
Ron DeSantis says he's open to drone strikes on Mexican drug cartels

Discussion: The Messenger, Raw Story, The Daily Caller and Political Wire

New York Times:

Spiraling Legal Bills Threaten Trump With a Cash Crunch — The former president's political orbit, including the super PAC that backs him, is already spending more than it is taking in — an unusual trajectory this far out from an election. — Donald J. Trump's legal problems aren't just piling up — his legal bills are, too.

Discussion: NBC News and CNN

The Messenger:

Inside the Biden-Newsom Relationship: How the California Governor Went From a Nuisance to a Top Ally — Newsom has kept Biden's team in the loop on media appearances and is set to be a lead Democratic surrogate for the second GOP debate in California — A Facebook icon representing …

Char Adams / NBC News:

Animated Frederick Douglass calls slavery a ‘compromise’ in conservative group's video — PragerU, a right-wing advocacy group, has made its way into the classroom with kids' videos deemed “misleading.” — Slavery was a compromise. The Black Lives Matter movement led to more crime.

Discussion: The Boston Globe, The Guardian and The Messenger

Kelly Weill / The Daily Beast:

Research Firm Says Proud Boys Legal Team Stiffed Them $30,000 — A lingering legal fight from the Jan. 6 attack gives new insight into the Proud Boys' seditious conspiracy case. — A seditious conspiracy trial for members of the Proud Boys is over. But a legal loose end from the case …

Discussion: Raw Story

Associated Press:

Maui fire deaths surge to 53 and likely to go higher, governor says. Over 1,000 structures burned — The search of the wildfire wreckage on the Hawaiian island of Maui is revealing a wasteland of burned out homes and obliterated communities as firefighters battle the stubborn blaze that has already claimed 36 lives.

The Guardian:
Desperate search for survivors in Maui after 36 people die in Hawaii fires

NBC News:

Miscommunication between pilots caused United plane to drop near ocean's surface, investigation finds — The crew failed to manage the plane's path, airspeed and nose direction after the mix-up, the NTSB said in its report. No one was injured. — Federal investigators said Thursday …

Discussion: The Messenger, Fox News, Insider, CBS News and Reuters