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ANALYSIS

GOP’s Blocking of Capitol Riot Commission Will Blow Up in Their Faces in 2022 – and Beyond: Columnist

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In a scorching column for Cleveland.com, editorial board member Ted Diadiun claims Republicans will come to regret blocking the Democrat’s attempt to create a bipartisan commission tasked with investigating the Jan. 6th Capitol riot.

According to the columnist, the Capitol insurrection that followed Donald Trump’s speech at a “Stop the Steal” rally was “a national embarrassment, a dark day in the country’s history,” that sickened him but admitted he was on the fence about a commission to investigate the events of that day — but now he has changed his mind.

“I’ve changed my opinion on the Democrat-led effort to establish an independent bipartisan commission to investigate and report on what happened that day. And I’m beyond disgusted with the Senate’s refusal Friday to allow that to happen,” he wrote. “I initially assumed it was simply another political gambit from House Speaker Nancy Pelosi, to keep the events fresh in people’s minds as we move toward the 2022 midterm elections that could change the balance of power in both houses of Congress. And I’m probably right. Pelosi doesn’t do anything that’s not steeped in a striving for partisan advantage.”

What changed his mind, he admitted, is that there are people who have taken to downplaying the riot — including a GOP lawmaker who attempted to paint the insurrectionists as “tourists” — and that a commission is needed to set the record straight.

According to Diadiun, the very fact that Republicans have attempted to quash the investigation will haunt them when the 2022 midterms roll aorund — and that Democrats will hang it around their necks.

“The measure needed 10 Republican votes to reach the 60 required to overcome a filibuster and advance the bill. It got six – including Ohio’s Rob Portman, who called the assault ‘an attack on democracy itself,'” he reported. “But here we are again, with Republicans painting themselves into an electoral corner by resisting something the bulk of the country wants (a YouGov/The Economist survey released Thursday showed 56% of Americans either somewhat or strongly approving the commission. Only 29 percent opposed it). Democrats will pin that resistance to every Republican candidate all the way through to the 2022 midterms and beyond.”

He then warned, “The political price of this decision would have been high no matter which way the Republicans had gone. But it will be higher now that they have failed to do the right thing.”

You can read the whole piece here.

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ANALYSIS

Kavanaugh Probe Must Be Reopened After FBI Allegedly Ignored Thousands of Tips About Him: Ex-Federal Prosecutor

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Former federal prosecutor Glenn Kirschner is demanding an investigation into the FBI after it was revealed that there were 4500 complaints filed against then-Judge Brett Kavanaugh that went ignored and were merely handed over to the White House.

The Guardian reported that the FBI claimed they didn’t have the authority to investigate Kavanaugh during his nomination process. It comes while the FBI is facing demands of a probe into how it mishandled allegations that Dr. Larry Nasser was molesting and raping Olympic gymnasts.

In 2018, when Dr. Christine Blasey Ford came forward with her allegations of sexual assault when they were in high school. A Yale classmate also accused Kavanaugh of exposing himself to her when they were in college. The FBI has been accused of not thoroughly investigating those allegations, as well as flat-out ignoring thousands of others while doing a background check into Kavanaugh.

The FBI closed their background check after just four days, handing over all 4500 allegations against him to President Donald Trump’s White House officials.

“The very person — the very office that was trying to cram Brett Kavanaugh’s nomination to the Supreme Court down America’s throat,” said Kirschner.

It was only this week that the FBI revealed to the Senate Judiciary Committee how many tips they got about Kavanaugh that went ignored.

“At the heart of the new questions that [Christopher] Wray will face later this week, when he testifies before the Senate judiciary committee, is a 2010 Memorandum of Understanding that the FBI has recently said constrained the agency’s ability to conduct any further investigations of allegations of misconduct,” said the report.

Kirschner explained that presumably the new administration has those 4500 accusations and could conduct an investigation into them. He went on to call for the 4500 citizen tips to be subpoenaed by Congress so that they can see the accusations that were ignored.

“Let’s start doing some damn justice,” he said, noting that women in Texas deserve it as do the rest of America.

“In its years-late response to our questions, the FBI leaned hard on the notion that this MOU limited its authority to be the FBI and investigate wrongdoing. Now that we have the MOU, it’s even harder to understand the Bureau’s excuses for ignoring credible information it received. Director Wray ought to be ready to answer my questions about this episode — I won’t stop asking until he does,” said Sen. Sheldon Whitehouse (D-RI).

See the analysis below:

 

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ANALYSIS

MSNBC’s Morning Joe Breaks Down Why GOP’s California Recall Failure Spells Great News for Dems in 2022

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MSNBC’s Joe Scarborough said the results of California’s failed recall of Gov. Gavin Newsom should be seen as good news for Democrats heading into next year’s congressional midterm elections.

The county-by-county results largely mirrored Democratic wins in last year’s presidential election, and the “Morning Joe” host said they should take comfort in those numbers ahead of the 2022 voting.

“Here we have an off-year election in September, when kids are going back to school,” Scarborough said. “This is a race that is set up for a surprise like we saw in 2009, when the race for [Sen.] Ted Kennedy’s replacement shocked the world and went Republican. If i’m a Democrat and looking at this map, and it’s basically an overlay of the 2020 election, a presidential year election where Democrats usually do better, where the turnout expands where you’re running against Donald Trump, I’m liking, if I’m a Democrat, I’m liking very much what I’m seeing this morning.”

“I would wait to see how the numbers were in Orange County, and look at the swing districts the Democrats could pick up in 2022 and overlay those numbers,” he added. “For me, I’m sure Republicans may look at this differently. For me, this is a really big win for Democrats in terms of a report card nine months in. A lot of bad things happening on the national level, you look at right now with Afghanistan, you look at Joe Biden’s numbers down, again, the fact that when people went to polls and this sort of race, and the fact that Democrats held their own, I would mark that down as a really big win were I a Democrat trying to plan ahead for 2022.”

Some of the dynamics that broke Democratic in the recall effort will likely play a major role in the midterms, as well.

“I also want to look at some of the things that drove the election Newsom’s way, and let’s see on that point, let’s talk about the exit poll and COVID,” Scarborough said. “My theory of the case has been run over the 33 percent politically, run over the 30 percent politically, like Republicans did in Texas on the abortion law, running over the 70 percent, actually. If you’re Gavin Newsom, and you want to win then go where most people go on COVID, on whether it’s the vaccination or masks, do what is right and don’t listen to the 30 percent that are getting their news from Facebook.”

 

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ANALYSIS

‘Huff and Puff’: Legal Experts Pan Trump’s ‘Desperation’ Executive Privilege Attempt to Block Jan. 6 Committee

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Legal experts are weighing in after Donald Trump released an angry statement Wednesday night following reports the bipartisan U.S. House Select Committee on the January 6 Attack has ordered a massive trove of documents related to the insurrection, including many items about the former president, including his mental health.

“Unfortunately, this partisan exercise is being performed at the expense of long-standing legal principles of privilege,” Trump claimed in his attack. “Executive privilege will be defended, not just on behalf of my Administration and the Patriots who worked beside me, but on behalf of the Office of the President of the United States and the future of our Nation.”

That does not appear to be accurate.

“There’s a legitimate scope of executive privilege, which ensures a president gets candid, thorough advice,” says former U.S. Attorney Joyce Vance, now an MSNBC legal analyst and professor of law. “But it doesn’t extend to covering up efforts to keep the new president from taking office. Trump’s desperation to keep info secret says it all.”

Attorney Teri Kanefield, whose legal analysis appears in numerous mainstream news publications, says: “I’d like to hear how revealing communication about an insurrection and a ‘Stop the Steal’ rally would ‘impair government functions.'”

“This doesn’t stop him from filing a lawsuit. It won’t go anywhere, but he can huff and puff,” she adds.

Kanefield also notes “the DOJ already said Trump-era officials can testify.”

CNN Senior Legal Analyst Elie Honig predicts Trump will try to obstruct the Committee’s work by taking it to court:

 

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