Showing posts with label CONCESSION. Show all posts
Showing posts with label CONCESSION. Show all posts

Sunday, November 22, 2020

RSN: FOCUS | Bernie Sanders: The 'GOP Has Ceased to Be a Political Party' and 'Is Now a Cult'

 


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21 November 20

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FOCUS | Bernie Sanders: The 'GOP Has Ceased to Be a Political Party' and 'Is Now a Cult'
Bernie Sanders. (photo: Antonella Crescimbeni)
Oma Seddiq, Business Insider
Seddiq writes: "Sen. Bernie Sanders sharply criticized Republicans on Friday for neglecting to speak out against President Donald Trump's attempts to undermine the election results as he shifts tactics from his struggling court cases."

Trump is apparently pushing state lawmakers to overturn their state's official election result, a move likely to be illegal in some states and extremely unlikely to work, experts warn.

"It is beyond pathetic for a sitting president to try to subvert the results of an election," Sanders said in a tweet. "It is even worse when the Republican Party, with few exceptions, remains silent over this outrageous attack on democracy."

The independent senator of Vermont added that the "GOP has ceased to be a political party" and "is now a cult."

Democrats widely congratulated President-elect Joe Biden on his 2020 win almost two weeks ago and have condemned GOP officials for failing to do the same.

High-profile Republicans, including Senate Majority Leader Mitch McConnell, have avoided commenting on the president's baseless claims of widespread voter fraud and false assertions that he won the election, instead signaling that the courts can settle the disputes. The Trump campaign is attempting to challenge the results in several states, though has not yet won any of the nearly two dozen lawsuits filed.

Only a handful of prominent Republicans have publicly acknowledged Biden's victory, such as Sens. Mitt Romney of Utah, Ben Sasse of Nebraska, and Susan Collins of Maine, who have all been been critical of Trump during his presidency.

Romney scorched the president on Thursday shortly after The New York Times reported that Trump plans to welcome Republican state lawmakers of Michigan to the White House, while the state is expecting to certify its election results for Biden.

"Having failed to make even a plausible case of widespread fraud or conspiracy before any court of law, the President has now resorted to overt pressure on state and local officials to subvert the will of the American people and overturn the election," Romney tweeted. "It's difficult to imagine a worse, more undemocratic action by a sitting American President."

Despite Trump's refusal to concede, the electoral certification process is well underway. States are formally certifying their presidential election results and electors from each state will then cast their votes in mid-December. The new president will be sworn in on Jan. 20, 2021.

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Thursday, November 12, 2020

POLITICO NIGHTLY: The pandemic’s dangerous transition

 


 
POLITICO Nightly logo

BY RENUKA RAYASAM

Presented by The Bouqs Co.

With help from Myah Ward and Tyler Weyant

FAUCI AND BIDEN CAN'T TALK YET  Joe Biden wants Anthony Fauci to play a leading role in his administration’s response to the coronavirus pandemic. But he and his transition advisers are staying away from the nation’s top infectious-disease expert for now. President Donald Trump’s refusal to concede the election means that officials at the FDA, CDC and NIH cannot legally speak with Biden’s advisers about the progress of vaccine development, plans for distributing an eventual shot, or testing capacity.

THE VIRUS DOESN’T NEED A RECOUNT — Today El Paso County extended an order shutting down its non-essential businesses to Dec. 1. Even as Covid-sickened patients overwhelmed local hospitals and flooded morgues, the original two-week order became embroiled in politics: City leaders said they weren’t consulted on the order and refused to enforce it. Texas’ attorney general Ken Paxton joined a suit against the county order. Finally, on Friday a state judge kept the order in place. An appeals court could yet overturn it.

El Paso’s Covid situation in November recalls New York’s situation in April: Hospitals have set up tents in parking lots. They’ve evacuated patients to other cities. The county ran out of morgue space. The public health department reported another 14 deaths and 863 cases today.

But this time the virus hasn’t just settled into one isolated hotspot. Covid Exit Strategy’s map shows a sea of dark red across the country, indicating uncontrolled spread in all but three states.

In many ways the country is worse off than it was in the spring . Yes, Covid treatments have improved and researchers have figured out more about how the virus spreads. There’s more testing. A vaccine may be around the corner.

But the country is entering this new phase with already high transmission levels, so spread is faster. It took just 10 days for the country to get to 10 million Covid cases from 9 million. It took 44 days to get to 2 million cases from 1 million.

Like El Paso, cities and towns across the country are facing circumstances that make it harder to combat the virus. The public is weary of stay-at-home orders. There is no new support from Congress for hospitals and businesses affected by closures. Many people remain skeptical of masks, despite new CDC guidance that they also protect the mask-wearer. Winter is around the corner, making outdoor socializing more difficult and bringing holidays when people want to gather. Airlines are no longer blocking off middle seats.

In short, there’s more reason to panic, but less panicking.

The lack of a national strategy, and sometimes state strategy, is forcing cities and towns to figure things out on their own. Utah Gov. Gary Herbert announced a statewide mask mandate earlier this week, but more than a dozen states still don’t require masks. Nevada’s Gov. Steve Sisolak asked residents Tuesday to stay at home for two weeks and urged cities to step up mask enforcement.

The places now being hit aren’t as equipped as bigger cities to deal with the crisis. “El Paso is by far the worst place that I have ever gone,” said one travel nurse who has worked in intensive care units in New York City, California and Florida since March and who didn’t want to give her name because it would jeopardize her job with her agency.

The El Paso hospital where she is now stationed does have protective equipment, she said, but it is severely understaffed even with the more than 1,300 personnel the city has brought in from out of state.

She will often spend her entire 12-hour shift covered in protective equipment in a room with two patients hooked up to a ventilator without a break to go to eat or go to the restroom, she said. The hospital lacks equipment to monitor patients remotely.

About a quarter of the small businesses in El Paso have shut down since March, El Paso mayor Dee Margo told me today.

“If you have financial support to subsist with a shutdown, then fine that’s OK,” said Margo. “That’s not occurring now. People are trying to put food on the table, to pay their rent.”

The mayor, a former Republican state representative now occupying a nonpartisan office, said he and other city leaders were caught between state and county officials. “We felt like we were in a legal juggling act because the governors’ orders said, ‘No, you can’t do this’; the county judge said, ‘Oh yes I can.’”

Rural areas seeing surges for the first time are ill-equipped to deal with rising cases. Already this year 17 rural hospitals have closed, said Alan Morgan, CEO of the National Rural Health Association.

Because Covid is now so widespread, health care staff frequently quarantine after coming into close contact with someone who tests positive for Covid, said Darrold Bertsch, CEO of Sakakawea Medical Center and Coal Country Community Health Center in the North Dakota towns of Hazen and Beulah.

Plus there’s only one day care in the area. When it closes, health care workers have no place to send their kids.

Because of statewide staffing shortages, North Dakota Gov. Doug Burgum is now allowing some nurses who test positive for Covid but are asymptomatic to remain at work. But he’s not mandating masks, which is especially needed in rural areas where people remain skeptical of them, said Morgan and Bertsch.

Morgan thought that by the time the virus hit rural areas, the country would be better prepared for the surge it’s now seeing.

“When you and both I talked at the beginning of this, I was very careful because I didn’t want to be alarmist,” he said. “In hindsight that was the wrong approach. I should have been an alarmist about this.”

The nurse said that despite skyrocketing caseloads, El Paso residents aren’t taking the pandemic seriously enough. This is the first time since March, she said, that she’s been concerned for her own safety. She is considering going back to New York City.

Welcome to POLITICO Nightly. Kamala Harris is first vice president-elect to do a victory lap to the beat of Mary J. Blige. Read about what she faces with all of her firsts. Reach out at rrayasam@politico.com, or on Twitter at @renurayasam.

 

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Sen. Marco Rubio (R-Fla.) takes questions from the media during a campaign rally for Republican Senate candidates David Purdue and Kelly Loeffler in Marietta, Ga.

Sen. Marco Rubio (R-Fla.) takes questions from the media during a campaign rally for Republican Senate candidates David Perdue and Kelly Loeffler in Marietta, Ga. | Getty Images

AROUND THE NATION

CALI CLIMATE POLICY HEADS EAST — Trump spent the last four years trying to rein in California’s vast influence on American emissions, energy and environmental policy, because any rule made by the nation’s biggest state ripples through the national economy. That ends in just over two months, when Biden enters the Oval Office, and has consequences that stretch well beyond the Golden State, as key California officials regain their clout in Washington.

California environment reporter Debra Kahn highlights some key areas of California environmental policy where a Biden administration could significantly change direction:

— Emissions: The Trump EPA withdrew permission under the Clean Air Act for California to impose greenhouse gas standards on vehicles and mandate zero-emission car sales. Biden’s EPA could immediately let California move forward with its own standards for model years 2016-25 — and at the same time restore the rules of 13 other states that had agreed to follow California’s lead.

— Water: Trump has catered to farmers by seeking to increase pumping from the state’s main water hub, the Sacramento-San Joaquin Delta, both through executive order and by revising protections for fish under the Endangered Species Act. Biden could choose to stop defending the endangered species rules in court, though it would be more complicated than just stopping proceedings. In general, Biden’s administration would have to find legal flaws in the Trump rules.

— Wildfires: A Biden administration promises to put an end to federal attacks on state forest management policies as well as Trump’s head-scratching calls for raking California’s forests. It’s not clear Biden would be able to break the logjam that’s resulted in overgrown forests that, along with climate change, are fueling the state’s record-setting blazes.

— Fossil fuel drilling: The Trump administration plans to open hundreds of thousands of acres of public land in California to oil and gas drilling despite legal challenges. The Bureau of Land Management is scheduled to hold its first lease sale in the state since 2012 on Dec. 10. Environmentalists say Biden could revise two resource management plans that allow oil and gas leasing: one that covers 725,000 acres in the Central Coast and San Francisco Bay Area, and another that covers 1 million acres in the Central Valley and Central Coast. Those groups are planning to challenge next month’s sale in Kern County, but they also say Biden’s administration could cancel leases by finding they were improperly issued.

 

TRACK THE TRANSITION, SUBSCRIBE TO TRANSITION PLAYBOOK: The definitive guide to what could be one of the most consequential transfers of power in American history. Our Transition Playbook newsletter—written for political insiders—tracks the appointments, people, and power centers of the new administration. Don't miss out. Subscribe today.

 
 
BIDENOLOGY

Matt Wuerker cartoon of Biden train

Matt Wuerker

Welcome to Bidenology, Nightly’s look at the president-elect and what to expect in his administration. We start the series where Biden has started many days: On the rails. Transportation reporter Sam Mintz emails the Nightly:

Train travel may be the best conduit for what truly appears to be one of Biden’s favorite hobbies: having long conversations with strangers.

The man who rode the rails to work in Washington for decades, kicked off a previous presidential run on the back of an Amtrak train, and spent time on a charter chugging between states during the late stages of his 2020 campaign is now president-elect. His personal affinity for trains has rail advocates fired up, especially when combined with the campaign’s plans for rail expansion.

What that means for rail policy in the Biden administration is a “steady, incremental, supportive type of atmosphere for Amtrak specifically and for passenger rail generally,” Jim Mathews of the Rail Passengers Association said.

At a September campaign stop in Cleveland, Biden looked up and got distracted by a passing train. “Here comes the train that he tried to make sure didn’t continue to run,” Biden said, perhaps referring to Amtrak’s Capitol Limited line, which was slated for elimination by the Trump administration’s proposed budget. The train rumbled by and blew its horn. “No, that’s the commuter. Alright,” Biden said, trailing off and watching it roll into the distance.

The Trump campaign plastered video of the moment on social media, trying to paint Biden as scatterbrained. But maybe it’s just an illustration that, yes, Joe Biden really does love trains.

 

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COVID-2020

A COMPETITION UNLIKE ANY OTHER — It’s the election that keeps on giving! In the latest POLITICO Dispatch, campaigns reporter Elena Schneider breaks down how both parties plan to win Georgia’s two Senate runoffs in January — and how Trump’s refusal to concede could shape the campaigns.

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FROM THE DEFENSE DESK

TBD AT DOD — Trump’s decapitation strike on the Pentagon this week is raising fears that the U.S. will accelerate the withdrawal of troops from Afghanistan, putting newly installed leaders on a collision course with top generals and others who are urging a more deliberate drawdown, Lara Seligman and Natasha Bertrand write.

Current and former administration officials say Trump fired Defense Secretary Mark Esper Monday in part over his opposition to accelerating troop drawdowns worldwide, and especially in Afghanistan. The upheaval accelerated on Tuesday with the resignation of three high-level civilians and the installation of loyalists who are expected to ram through Trump’s agenda, and continued today when retired Army Col. Douglas Macgregor, an outspoken critic of the war in Afghanistan, was brought on as senior adviser to new acting Defense Secretary Chris Miller.

Any move to accelerate withdrawals would set up a clash with the nation’s top generals and other civilians, who have argued publicly against leaving Afghanistan too quickly while the security situation remains volatile. It would also complicate Biden’s pledge to leave a small number of troops in the country to guard against terrorist attacks.

 

JOIN THURSDAY: A WOMEN RULE ROUNDTABLE : 2020 has been a history-making year for women in politics. Kamala Harris is vice president-elect, a record number of Republican women were elected to Congress and more women of color ran for public office than ever before. Join POLITICO's Elizabeth Ralph, Crooked Media's Shaniqua McClendon, and Winning for Women's Micah Yousefi for a conversation that examines the results for women who ran for office and what progress still needs to be made. REGISTER HERE.

 
 
TRANSITION 2020

ANOTHER FIRST? Ohio Democratic Rep. Marcia Fudge is making her case for Agriculture secretary, arguing she’s best positioned to take on a Cabinet post that has never gone to an African American woman.

It’s a move that sets up a battle with former North Dakota Sen. Heidi Heitkamp, long seen as the frontrunner for the post in the Biden administration.

In her first public remarks about her interest, Fudge told POLITICO today that as an African American woman that she represents a crucial segment of the electorate that helped create Biden’s victory over Trump.

“When you look at what African American women did in particular in this election, you will see that a major part of the reason that this Biden-Harris team won was because of African American women,” Fudge said.

ON THE HILL

INSERT YOUR OWN DISARRAY SYNONYM — Despite Biden’s win, congressional Democrats’ lackluster Election Day performance has caused strife within their caucus. In the latest 2020 Check-InEugene Daniels talks to Heather Caygle about how Democrats underperformed and what to expect in 2021 during a Biden administration.

Nightly video of 2020 Election Check-In

NIGHTLY NUMBER

14,111

The number of votes dividing Biden and Trump in Georgia. The state’s chief election official announced today that the state will conduct a recount by hand of every ballot cast in the presidential race.

PARTING WORDS

EXIT STAGE RIGHT — Suppose you’re Trump, slowly coming to grips with the likelihood that the election hasn’t gone your way and that — whatever your advisers are telling you about legal strategies — you have lost the White House. What do you say and do to acknowledge that fact?

For most defeated candidates, there’s a rich history of gracious, even moving concession speeches, Jeff Greenfield writes. Trump could draw from John McCain, who spoke of the historic significance of the election of the first Black president, and give a nod to the first woman of color in the vice presidency. He could call for unity in the face of a close, disputed election as Al Gore did in 2000. He could follow the path of the candidate he defeated in 2016. (“Donald Trump is going to be our president,” Hillary Clinton said. “We owe him an open mind and the chance to lead.”) He could display a sense of humor, and quote Lincoln’s story about a man being ridden out of town on a rail (“If it wasn’t for the honor of the thing, I’d rather walk”) or Dick Tuck’s assertion after losing a California state Senate seat in 1966: “The people have spoken — the bastards!”

He’s unlikely to do any of these things. Given everything we know about Trump’s character and temperament, there are really only two examples from American politics that would appeal to him. One was an incumbent who refused to leave the office and ended up an odd footnote in the history of his state. The other was Richard Nixon. Jeff has more on how history might guide the 45th president’s departure.

 

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Wednesday, November 11, 2020

POLITICO NIGHTLY: A Trump norm Biden might keep

 


 
POLITICO Nightly logo

BY RYAN LIZZA

Presented by The Bouqs Co.

With help from Myah Ward and Alex Thompson

NORMS! — Let’s stipulate at the outset that the biggest story in Washington right now is President Donald Trump’s refusal to concede the election and the second-biggest story is the number of Republican allies who have been silent.

So far this looks a lot more like bad sportsmanship accompanied by a misinformation campaign, and not some well-thought out plot to stay in power. Trump’s legal challenges are almost certainly going nowhere. Whispers about flipping electors have basically no chance of success. There is not a single state so far where a recount has any chance of changing the results.

At noon on Jan. 20, 2021, Joseph R. Biden Jr. will be sworn in as the 46th president of the United States. Trump’s aides tell me he’s unlikely to concede, he’s unlikely to invite Biden to the White House, and he’s unlikely to attend Biden’s inauguration. How ugly he makes things for Biden over the next few weeks will dominate the news.

Why is this even worth pointing out? Because, as in the campaign, Trump’s dominance of the media continues to blot out coverage of Biden.

Beat reporters covering Biden tell me that the basement strategy of the 2020 campaign has continued into the transition. Traditionally transition officials begin holding regular press briefings immediately after the race is called. In 1992, for example, these seemed to have started as early as Nov. 6, three days after the election that year. The 2020 race was called on Saturday morning, and as of this evening there was no plan announced by Team Biden to hold these traditional briefings.

The press is being kept in the dark about what exactly the president-elect is doing most of the day beyond vague descriptions of “internal meetings.” Biden’s schedule for Wednesday simply reads, “President-elect Joe Biden will meet with transition advisors.”

Monday and today Biden spoke to at least three foreign leaders. The press learned about those calls from foreign sources rather than Biden aides. After I noted that the Biden team was not releasing timely readouts of foreign calls, the campaign this afternoon sent out a consolidated list of several of today's calls. The campaign says it had been planned. But the Biden camp declined to provide basic details like the order in which he called world leaders today.

Biden spoke in Wilmington today and even took some questions. But the Biden transition is still using a pool-only system of a few journalists rather than expanding these events to everyone in the press corps, using Zoom or some other Covid-safe method. During the campaign, Biden selected reporters at random as he glanced around the room. Today a press aide controlled who got to ask questions, which were limited to five outlets.

As someone who has aggressively covered, and sometimes overreacted to, the long list of norms broken by Trump over the last few years, I don’t discount Trump’s final act of norm-breaking. It is obviously crucial for reporters to cover the Trump transition story.

But it’s equally important — maybe more important — to aggressively document what Trump-established norms the new party in power will quietly hope to preserve.

Transparency and press access is an area where both parties will be highly incentivized to restrict. And they will have allies. Access complaints by reporters often sound like whining, and the press is as convenient a punching bag for the left as it is for the right (check out the ratio on my tweet ). Resistance Democrats feel aggrieved by Trump’s recklessness and are apt to give Biden a pass when, well, he acts like Trump. His public schedule remains as light as it was on the campaign trail, raising the possibility that it wasn’t just a campaign strategy.

“Of course there will be regular briefings from a range of officials, and we hope to get those started as early as next week” said Jennifer Psaki, who is assisting the Biden transition with press requests. (She will soon turn her attention to doing communications for the Senate confirmation proceedings of Biden picks.)

The issue is not the lack of transition funds. As Biden himself made clear today, Trump’s refusal to concede is not impeding the president-elect’s work on the transition. If Biden can build a government and discuss foreign policy with world leaders, he and his people can make themselves accessible to the press.

The Trump era is over. Biden is about to be the most powerful man in the world.

President-elect Joe Biden addresses the media about the Trump administration’s lawsuit to overturn the Affordable Care Act at the Queen Theater in Wilmington, Del. Biden also answered questions about the process of the transition and how a Biden administration would work with Republicans.

President-elect Joe Biden addresses the news media about the Trump administration’s lawsuit to overturn the Affordable Care Act at the Queen Theater in Wilmington, Del. | Getty Images

Welcome to POLITICO Nightly. Reach out at rlizza@politico.com and rrayasam@politico.com, or on Twitter at @ryanlizza and @renurayasam.

 

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The Bouqs Co. has fresh flower bouquets, wreaths, plants, gifts and everything you need for all the coziest fall vibes. The best part: flowers from The Bouqs stay fresher longer because they’re sourced directly from eco-friendly farms. Send smiles no matter the miles, for birthdays, holidays, anniversaries, apologies, or just because you adulted today. Use code POLITICO for 25% off your entire order.

 
FIRST IN NIGHTLY

BAD NEWS FOR BIDENOMICS — When Biden takes office in January, he will face a U.S. economy at a crossroads . Positive vaccine news presents real hope for healing sectors battered by the coronavirus pandemic. But the nation still faces a dark winter of uncontrolled virus outbreaks that could spur a downward lurch in the economy, compounding the earlier damage. And the prospect of a divided Congress means the new administration may not be able to unleash the kind of sweeping, multitrillion-dollar fiscal stimulus it wants in order to triage the economy until Covid-19 is either vanquished or brought under control, Ben White and Victoria Guida write.

Among the headwinds Biden is likely to face:

— The environment could force the Biden team to wait for the Federal Reserve to lead the way just as the central bank did after the Great Recession — an approach that could again make investors richer, but only slowly help the types of workers Biden wants to support most.

— Senate Majority Leader Mitch McConnell and others in the Republican Party have suggested the relatively strong October jobs report and other positive indicators mean more big stimulus is no longer needed. Most economists disagree with that assessment but are no longer confident that a large package will get through Congress and to Biden’s desk.

— The new president could feel compelled to back new state and local lockdowns if virus numbers keep spiking. Those kinds of restrictions tend to disproportionately hit lower-income workers, who have already borne the brunt of the crisis.

— While news of a vaccine arriving for the general public in the spring could boost spending, big sectors of the economy remain broken while large swaths of consumers and businesses hobble along with mounting debt.

 

TRACK THE TRANSITION, SUBSCRIBE TO TRANSITION PLAYBOOK: The definitive guide to what could be one of the most consequential transfers of power in American history. Our Transition Playbook newsletter—written for political insiders—tracks the appointments, people, and power centers of the new administration. Don't miss out. Subscribe today.

 
 
PALACE INTRIGUE

THE DHS OFFICIAL WHO’S FACT-CHECKING TRUMPWORLD — Since Election Day, Trump and his allies have pushed numerous merit-free allegations of voting irregularities. The Department of Homeland Security’s top cyber official is swatting them down in near real-time — contradicting the president in a way that often ends in a pink slip, national security correspondent Natasha Bertrand writes.

From his perch atop the DHS Cybersecurity and Infrastructure Security Agency, Chris Krebs has been using his agency’s “Rumor Control” website — and his personal Twitter feed — to take on the viral conspiracies that are circulating widely in conservative circles, some of which have been promoted by the president and his top allies. Launched before the election to help voters navigate domestic and foreign misinformation, the website has now essentially morphed into a post-election fact-checking operation for the outgoing president and his supporters. And over on Krebs’ Twitter feed, the dismissals are more blunt.

“This is not a real thing,” Krebs tweeted in response to a conspiracy theory floated by Trump’s allies — including a prominent Fox News host — about a computer called “Hammer” and a corresponding program called “Scorecard” that some conservatives say secretly siphoned votes from Trump to Biden. “Same as yesterday, Hammer and Scorecard is still a hoax,” he reiterated a day later. “That’s it. That’s the tweet.”

 

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COVID-2020

WHEN AT FIRST YOU DON’T CONCEDE — The U.S. has a long history of candidates conceding when results are decisive. Or … it had a long history. In the latest POLITICO Dispatch, White House reporter Nancy Cook breaks down why Trump is refusing to accept reality while much of the world already has — and why it could spell trouble for Biden’s transition.

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TRANSITION 2020

‘A SECOND TRUMP ADMINISTRATION’ — Pompeo today became the latest senior U.S. official to resist accepting the results of last week’s presidential election. The chief U.S. diplomat even suggested — falsely, but possibly jokingly — that Trump had defeated Biden.

“There will be a smooth transition to a second Trump administration,” Pompeo said during a news conference this afternoon. At one point, he referred to the importance of counting “every legal vote” — phrasing other Trump allies have used to suggest without evidence that widespread voter fraud helped Biden.

Nightly video player of Secretary of State Mike Pompeo

Biden today called the president’s refusal to concede an “embarrassment.”

“I think it will not help the president's legacy,” Biden told reporters after a short speech timed to the oral arguments in a Supreme Court case challenging the Affordable Care Act.

ON THE HILL

‘WE NEED HIS VOTERS’ — There are two reasons why most Senate Republicans refuse to acknowledge Biden as president-elect: Georgia and Georgia.

Simply put, the party needs Trump’s help to clinch two runoff elections in Georgia on Jan. 5 that will determine the fate of the Senate GOP’s majority, congressional reporter Burgess Everett writes. And accepting the presidential results ahead of Trump, a politician driven by loyalty, could put Republicans at odds with the president and his core supporters heading into the must-win elections down South.

When the presidential election is finally certified, Republicans hope Trump will put on his red jersey this winter and help deliver his conservative base for Georgia’s Republican senators, David Perdue and Kelly Loeffler.

“We need his voters. And he has a tremendous following out there,” said Senate Majority Whip John Thune of South Dakota. “Right now, he’s trying to get through the final stages of his election and determine the outcome there. But when that’s all said and done, however it comes out, we want him helping in Georgia.”

 

JOIN THURSDAY: A WOMEN RULE ROUNDTABLE : 2020 has been a history-making year for women in politics. Kamala Harris is vice president-elect, a record number of Republican women were elected to Congress and more women of color ran for public office than ever before. Join POLITICO's Elizabeth Ralph, Crooked Media's Shaniqua McClendon, and Winning for Women's Micah Yousefi for a conversation that examines the results for women who ran for office and what progress still needs to be made. REGISTER HERE.

 
 
FROM THE HEALTH DESK

EAT YOUR VEGETABLES — Obamacare went before the Supreme Court for the third time today (not counting suits over contraceptive coverage.) It seemed less suspenseful than usual; the law has been upheld before, and many legal experts regarded this case brought by Texas and other red states as a stretch. The plaintiffs argued that once Congress eliminated the penalty for the mandate, it was no longer a tax — and therefore the entire law is unconstitutional and should be scrapped.

The justices, who are often quite opaque in oral arguments, made their skepticism quite clear, as our correspondents Josh Gerstein and

“I think it will not help the president's legacy,” Biden told reporters after a short speech timed to the oral arguments in a Supreme Court case challenging the Affordable Care Act.

ON THE HILL

‘WE NEED HIS VOTERS’ — There are two reasons why most Senate Republicans refuse to acknowledge Biden as president-elect: Georgia and Georgia.

Simply put, the party needs Trump’s help to clinch two runoff elections in Georgia on Jan. 5 that will determine the fate of the Senate GOP’s majority, congressional reporter Burgess Everett writes. And accepting the presidential results ahead of Trump, a politician driven by loyalty, could put Republicans at odds with the president and his core supporters heading into the must-win elections down South.

When the presidential election is finally certified, Republicans hope Trump will put on his red jersey this winter and help deliver his conservative base for Georgia’s Republican senators, David Perdue and Kelly Loeffler.

“We need his voters. And he has a tremendous following out there,” said Senate Majority Whip John Thune of South Dakota. “Right now, he’s trying to get through the final stages of his election and determine the outcome there. But when that’s all said and done, however it comes out, we want him helping in Georgia.”

 

JOIN THURSDAY: A WOMEN RULE ROUNDTABLE : 2020 has been a history-making year for women in politics. Kamala Harris is vice president-elect, a record number of Republican women were elected to Congress and more women of color ran for public office than ever before. Join POLITICO's Elizabeth Ralph, Crooked Media's Shaniqua McClendon, and Winning for Women's Micah Yousefi for a conversation that examines the results for women who ran for office and what progress still needs to be made. REGISTER HERE.

 
 
FROM THE HEALTH DESK

EAT YOUR VEGETABLES — Obamacare went before the Supreme Court for the third time today (not counting suits over contraceptive coverage.) It seemed less suspenseful than usual; the law has been upheld before, and many legal experts regarded this case brought by Texas and other red states as a stretch. The plaintiffs argued that once Congress eliminated the penalty for the mandate, it was no longer a tax — and therefore the entire law is unconstitutional and should be scrapped.

The justices, who are often quite opaque in oral arguments, made their skepticism quite clear, as our correspondents Josh Gerstein and Susannah Luthi reported. A decision will likely come in the spring of 2021. Joanne Kenen, our executive editor for health care, was also listening in, and noted that one thing has come up over and over again in these endless years of litigation: broccoli. She emails the Nightly:

Today broccoli was joined by other vegetables, not to mention a whole boatload of other analogies and metaphors ranging from lawn mowing to mask-wearing to National Port Week, as the court debated whether people really faced punishment, other than perhaps some frowning neighbors, if they didn’t in fact honor National Port Week. (At least it sounded like “Port”, to both Joanne and the transcribers, although she did wonder if Justice Stephen Breyer, who seemed to be having some trouble with his remote audio, meant National Pork Week.)

The broccoli analogy dates back to the 2012 case. Obamacare had a mandate to get insurance — which was likened, ad nauseum, to being forced to eat your broccoli. The mandate – and the law — survived, when swing voter Chief Justice John Roberts ruled that it was a tax.

Back then, the mandate was seen as the lynchpin of the individual market. But after Congress zeroed out the mandate penalty in its tax bill in 2017, the prophesized implosion of Obamacare didn’t occur. The mandate wasn’t so important after all.

“We spent all that time talking about broccoli for nothing?” Roberts asked today.

That’s because it was never really about broccoli. It was about carrots. And sticks, explained Don Verrilli, the attorney representing the U.S. House in defending the law, and who argued the case that upheld it in 2012 when he was Solicitor General. The mandate was the stick. But the carrots — the availability of subsidized insurance that had good benefits and protected people with pre-existing conditions — were more important.

Josh goes beyond broccoli, if you can believe it, in his 5 key moments from the SCOTUS showdown.

NIGHTLY NUMBER

293

The number of ballots that arrived Monday in Philadelphia, according to USPS. Ballots continued to come to USPS facilities Monday, according to newly filed court documents , too late in many states to be counted, even if postmarked by Election Day.

AFTER TRUMP

A gavel with Donald Trump's head on it

POLITICO illustration; Getty/iStock

HOW TO INVESTIGATE AN EX-PRESIDENT — On Jan. 20, 2021, Trump will no longer be the president of the United States. Later that year, he might become the first former president to face a criminal indictment. Trump is reportedly worried about being arrested, and he should be.

This was always going to be a dilemma for Trump’s successor, Renato Mariotti writes in POLITICO Magazine. After an openly self-dealing president like Trump, the nation needs to see that no American is above the law. But any prosecution of Trump, no matter how fair, would draw criticism from Trump’s supporters in an already-divided nation. Even nonpartisan observers have reason to be concerned by the spectacle of the administration of a new president prosecuting the president who just left office. It's essential for any stable democracy that elected leaders don’t use their new powers to punish their opponents after they’ve lost. No president has ever done it.

So Biden needs to pursue justice when it comes to Trump — but he also needs to ensure that any prosecutorial decisions about Trump are made in a manner that restores public faith in the Justice Department, rather than making it seem, as Trump has, like just another political arm of the White House. Biden has promised to stay out of any prosecutorial decision, but that won’t be enough. Former President Barack Obama stayed out of the investigation of Hillary Clinton for her use of a private email server, but that didn’t stop rampant speculation regarding the role of then-Attorney General Loretta Lynch.

Biden will have one tool, however, that allows him to pursue justice while also ensuring that the process doesn't appear to be tainted by politics. That tool is the special counsel — a prosecutor appointed not by Biden, but by his attorney general, who has a measure of independence from the administration. The special counsel should be a career prosecutor who has no connection to Biden or his team, and the attorney general should publicly state in advance that he or she does not intend to place any restrictions on the special counsel and will follow his or her recommendation.

PARTING WORDS

THE EMPIRE SLINKS BACK — When Biden is inaugurated as the next president of the United States, he will inherit an office whose powers have grown immensely over the past decades. His fellow Democrats are already demanding that he use the full scope of executive authority quickly and forcefully. Murmurs from the Biden camp suggest that he intends to do just that, beginning his tenure with a slew of executive orders reversing Trump’s withdrawal from the World Health Organization and the Paris climate accords, lifting the travel ban on several Muslim countries and reinstituting protections to the immigrant “Dreamers.”

But governing by presidential fiat is a deeply flawed approach, POLITICO Magazine contributing editor Zachary Karabell writes, as each party seems to rediscover when the opposition wins. Once Biden undoes some of what Trump has done, he could leave his most indelible and important mark by rolling back that trend in American governance, ceding presidential powers back to Congress and the states, making it harder for any subsequent president to abuse the power of the office.

He could, in short, do something truly radical and transformative: At the age of 77, very likely to be a one-term president, Biden could be the first president in modern history to acknowledge that office has become too powerful, and finally scale it back.

 

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