- President Donald Trump plans to nominate a new Supreme Court Justice on Friday or Saturday, one week after the passing of Justice Ruth Bader Ginsburg.
- Her death sparked a partisan debate over whether or not her seat should be filled before the election. After Justice Antonin Scalia’s death in 2016, Republicans set a precedent for what to do when a Justice dies during an election year by demanding that a vote not happen until after the election.
- However, Republicans are now walking back on that, vowing to push a nomination through in the six weeks leading up to the election. Democrats are outraged, calling this hypocrisy and demanding that the vote wait until after votes have been cast.
- Republicans Senators Collins and Lisa Murkowski have said they believe a vote should wait. Democrats need at least two more Republican to express a similar stance Many are waiting to hear from Sen. Mitt Romney and Sen. Chuck Grassley, who some think might flip in this situation.
Trump’s Nomination Plans
President Donald Trump plans to nominate a replacement for Justice Ruth Bader Ginsburg on Friday or Saturday after ceremonies honoring her life and legacy have taken place.
Trump has pledged to nominate a woman and there are already several potential candidates being considered. U.S. Court of Appeals Judge Amy Coney Barrett and former Florida Supreme Court Justice Barbara Lagoa are widely understood to be the two favorites.
The president’s choice to go forward with a nomination comes as the Senate Democrats and Republicans are divided on whether or not to move forward with a nomination so close to the election. Ginsburg died at the age of 87 on Friday, just six and a half weeks before Election Day. Following her death, Trump tweeted that Republicans have an obligation to get the ball rolling to fill her seat “without delay.”
Republicans Break Precedent
Many Republican leaders have backed him on this, but Democrats have found their inclination to rush this process hypocritical. When Justice Antonin Scalia died in February of 2016 under President Barack Obama, Senate Majority Leader Mitch McConnell refused to hold a hearing on Obama’s nominee because of the upcoming election.
“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” McConnell said in a statement back in 2016.
McConnell argues that there is a major distinction between 2016 and 2020: Obama was a lame duck president and Trump is up for re-election. He believes that in this case, a replacement should be made, even though the election is looming even closer than when Scalia passed.
“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term,” McConnell wrote in a statement following Ginsburg’s death. “We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.
McConnell wrote that when a Republican majority was re-elected to the Senate, they vowed to work with Trump and they plan to stand by that. Because of this, he said that “President Trump’s nominee will receive a vote on the floor of the United States Senate.”
The debate about whether or not Ginsburg should be replaced before the election has become one of the biggest political fights of the moment. The late justice likely knew the partisan infighting that would come as she left a court vacancy behind her. NPR reported that just days before her death, as her strength was waning, she gave a statement to her granddaughter saying “My most fervent wish is that I will not be replaced until a new president is installed.”
Still, McConnell is not the only Republican fighting to break the precedent set by their own party in 2016. After Scalia’s death, Sen.Lindsey Graham said that the new rule going forward should be that during an election year, Supreme Court nominations must wait.
“I want you to use my words against me. If there is a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say ‘Lindsey Graham said let’s let the next president, whoever it might be, make that nomination,’ and you can use my words against me and you’d be absolutely right,” he said at the time.
“We are setting a precedent here today, Republicans are, that in the last year at least of a lame-duck eight-year term, I would say it’s gonna be a four year term, that you’re not going to fill a vacancy of the supreme court based on what we’re doing here today. That’s gonna be the new rule.”
Now, he plans to break that rule. In a series of tweets Saturday, he argued that Democrats have made major changes to the judicial confirmation process, and because of this, he will support Trump’s effort to push a nominee through before the election.
Several other Republicans have also announced their intent to support Trump. Sen. Ted Cruz (R-Tx.) told Fox News that he believes the situation is urgent because if there is a contested election, having an eight-person court could lead to a “constitutional crisis.”
Democrats Call For Vote to Wait
Democrats, on the other hand, are pushing to have the vote wait until Americans have taken to the polls. Presidential candidate Joe Biden called the Republican effort to jam a nominee through so quickly “constitutional abuse” when speaking on the campaign trail on Sunday.
President Barack Obama also wrote a statement honoring Ginsburg. He asked that her wish for her replacement to wait be honored.
“Four and a half years ago, when Republicans refused to hold a hearing or an up-or-down vote on Merrick Garland, they invented the principle that the Senate shouldn’t fill an open seat on the Supreme Court before a new president was sworn in,” Obama wrote.
“A basic principle of the law — and of everyday fairness — is that we apply rules with consistency, and not based on what’s convenient or advantageous in the moment. The rule of law, the legitimacy of our courts, the fundamental workings of our democracy all depend on that basic principle.”
Senate Minority Leader Chuck Schumer fought against McConnell’s efforts by tweeting out the same exact statement McConnell made in 2016, asking that a vote wait until after the election. A source also told several outlets that Schumer has said “if Leader McConnell and Senate Republicans move forward with this, then nothing is off the table for next year.”
As far as what that could look like, several prominent Democrats have said that if Republicans push a nomination through, the next Senate should expand the Supreme Court.
Democrats Fight to Get Republicans on Their Side
It’s unclear which party’s efforts will result in victory as much of the potential vote remains up in the air. The Senate, which is the only body responsible for approving the nomination, is currently split 53-47 with a Republican majority.
A total of 51 votes are needed to confirm a nomination, so the Democrats would need at least four Republicans to hop to their side on the matter if they want a chance. As of Monday, two have stated that they oppose holding a vote.
“In order for the American people to have faith in their elected officials, we must act fairly and consistently, no matter which political party is in power,” Senator Susan Collins (R-Me) wrote, explaining she is okay with the Senate reviewing the credentials of a nominee, but not with a confirmation hearing.
“In fairness to the American people, who will either be re-electing the president or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the President who is elected on November 3rd.”
Sen. Lisa Murkowski (R-Ak.) joined Collins in her opposition.
“For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,” she said in a statement. “Sadly, what was then a hypothetical is now our reality, but my position has not changed.”
Now, many are looking for other potential pathways Democrats could walk down in order to secure another two votes. Some think Sen. Mitt Romney (R-Ut.), the only Republican to vote in favor of impeachment, will join the Democrats. Others have also noted that Sen. Chuck Grassley (R-Ia.) said in 2018 that he would not consider a Supreme Court nomination in 2020.
The Senate race in Colorado could also be impactful. Sen. Cory Gardner (R-Co.) is currently in a tight race for his re-election bid against former Governor John Hickenlooper. His choice here could be key when it comes to getting votes. While he has not stated his intentions on the matter, he did say that the country should have time to mourn the loss of Ginsburg before politics start.
Democratic Fundraising Surge
Currently, the American public is fairly split on the issue. According to a poll published on Saturday, 51% do not think Trump should nominate a new justice while 42% say he should. The poll is pretty much split along party lines.
Americans have had a very active response to Ginsburg’s death, particularly Democrats. Many saw her as a pillar holding up Democracy, and now fear that groundbreaking policies like the Affordable Care Act and Roe V. Wade could be in jeopardy without her. Those fears apparently turned into swift motivation.
Democratic fundraising platform ActBlue tweeted on Sunday morning that since the news of her death had broken on Friday, they had received $100 million from small-dollar donors.
The funds are being spread all across the Democratic party. One fund called “Get Mitch or Die Trying” which splits donations across several races aiming to flip Republian seats, saw a huge influx in the hours after she passed.
The fund started the day at $5 million raised. By the end of the day it had raised over $15 million and continued to soar throughout the weekend.
See what others are saying: (The Guardian) (Politico) (New York Times)
Voters in 4 States Received Emails Threatening Them To “Vote for Trump or Else!”
- Democratic voters in Alaska, Florida, Arizona, and Pennsylvania received threatening emails telling them to vote for Trump or else the Proud Boys would “come after” them.
- The email came from a domain associated with the Proud Boys, but the group denied that it had any involvement and said that the website in question was no longer in use because it had been dropped by Google Cloud services.
- According to The Washington Post, when the hosting service dropped the domain, it left it unsecured, meaning anyone online could take control of it.
- Multiple outlets that reviewed the emails also reported that the messages did not come from the email address listed, but rather from foreign internet servers.
Registered Democrats in four different states — including three hotly contested swing states — were sent threatening emails Tuesday from an address that appeared to be affiliated with the far-right group the Proud Boys. The message warned recipients that if they did not vote for President Donald Trump, the group would “come after” them.
According to a screenshot of the email obtained by CBS News, the subject line of the message reads “Vote for Trump or else!”
“We are in possession of all your information (email, address, telephone… everything),” the body of the email said. The sender went on to claim they know the recipient of the email is a Democrat because they “gained access into the entire voting infrastructure.”
“You will vote for Trump on Election Day or we will come after you,” the email continued. “Change your party affiliation to Republican to let us know you received our message and will comply. We will know which candidate you voted for. I would take this seriously if I were you.”
Outlets that obtained copies of the email also reported that it concluded with the home address of the recipients they were sent to. Currently, voters in Alaska, Florida, Arizona, and Pennsylvania have reported receiving the threatening messages.
It remains unclear how many went out in total, but it does appear that most of them were sent to people in Florida and Alaska. In Alaska, local news outlets reported that the emails went out to over a dozen people. In Florida, a University of Florida spokesperson said that they knew of at least 183 Floridians who got the messages.
Officials in both states also announced that they have launched investigations, and the FBI was also looking into the matter.
Proud Boys Deny Involvement
While the sender’s address is listed email@example.com, a domain associated with the Proud Boys, the group’s chairman, Enrique Tarrio, immediately denied that they had any involvement.
“We don’t send emails. This is someone spoofing our emails and website,” he told reporters. “We have spoken to the FBI and are working with them. I hope whoever did this is arrested for voter intimidation and for maliciously impersonating our group.”
Tarrio also told The Washington Post that the group has been in the process of migrating from officialproudboys.com to another site. In fact, they said officialproudboys.com has not been used for weeks because that domain was recently dropped by a hosting company that uses Google Cloud services after concerns were raised about the group.
According to The Post, when the hosting service dropped the domain, it appeared to just be left unsecured, and thus “allowing anyone on the Internet to take control of it and use it to send out the menacing messages.”
Numerous outlets that reviewed the emails also said that they did not come from the email address that was displayed, but rather from foreign internet servers. According to CBS, the metadata from the emails they analyzed showed that the messages originated from IP addresses connected to servers in Estonian, Saudi Arabia, and the United Arab Emirates.
While experts noted that the IP addresses do not necessarily mean that the senders were based in those countries because they could have routed the emails from almost anywhere, some cybersecurity experts have pointed to the possibility of foreign interference to sow chaos in the election.
“We’re 2 weeks from the last day to vote! This is also the perfect time for adversaries to create chaos by spreading bogus claims or overstating activity,” Chris Krebs, the director of Homeland Security’s Cybersecurity and Infrastructure Security Agency tweeting, noting that his office was aware of the emails.
“Ballot secrecy is guaranteed by law in all states,” he continued. “These emails are meant to intimidate and undermine American voters’ confidence in our elections.”
See what others are saying: (The Washington Post) (CBS News) (The New York Times)
Exxon Clarifies That Quid Pro Quo Call With Trump “Never Happened”
- During a rally Monday, President Trump said he would outraise Biden in campaign donations if he asked corporations to donate money to his campaign in return for granting political favors.
- He used an example of asking the CEO of Exxon to give his campaign $25 million in exchange for permits and licenses.
- The scenario the president described is a federal crime punishable by prison time, and in a statement shortly after, Exxon said that the call “never happened.”
- Trump clarified that he would not ask for those donations because it would make him “compromised” and implied soliciting money from large companies would compel him to grant them political favors in return because he is “loyal.”
- Many still condemned the president, arguing that even if it was a hypothetical, the kind of quid pro quo he detailed is almost exactly what he was impeached for, and given his track record, some believe it is possible that this is something he would do again.
Exxon Refutes Call
After President Donald Trump told a crowd of rallygoers Monday that he could, in theory, call up the CEO of Exxon Mobil and ask him to donate to his campaign in exchange for political favors, the energy giant clarified that no such call had taken place.
“We are aware of the President’s statement regarding a hypothetical call with our CEO,” the company said in a tweet. “And just so we’re all clear, it never happened.”
While speaking to the crowd in Prescott, Arizona, Trump addressed the fact that he is currently being handily out-raised by former Vice President Joe Biden by claiming that he would be “the greatest fund-raiser in history” if he collected bribes from companies in exchange for political favors.
“All I have to do is call up the head of every Wall Street firm, the head of every major company, the head of every major energy company. ‘Do me a favor, send $10 million for my campaign,’” Trump said, adding that he could not take the money because it would make him “totally compromised.”
“Because when they call me, you know, you’re a loyal person, and what happens is hey, you know, you’ll do things that are a lot more money,” he added, before going on to provide an example.
“So I call some guy, the head of Exxon. I call the head of Exxon, I don’t know, you know. I’ll use a company,” the president said. “‘Hi, how are you doing? How’s energy coming? when are you doing the exploration? Oh, you need a couple of permits, huh? Okay.’ But I call the head of Exxon, I say, ‘You know, I’d love you to send me $25 million dollars for the campaign.’ ‘Absolutely, sir, why didn’t you ask?’”
Beyond making him “compromised,” the situation that the president described is also illegal. Under federal law, soliciting for donations in exchange for a favor or advantage — like a specific policy outcome or permits and licenses — is punishable by fines, removal from office, and up to 15 years in prison.
Trump’s remarks quickly began trending on Twitter, with many users condemning him. Despite the fact that the example the president provided appeared to be entirely hypothetical, some people still found it alarming, especially because he did not outright acknowledge it was illegal.
Some noted that the scenario he described almost exactly the kind of quid pro quo that Trump was impeached for after he withheld aid from Ukraine in order to coerce the country’s president to dig up political dirt on Biden.
“It’s basically what he was impeached for: trading presidential act for political favor,” one user wrote. “Just substitute ‘Exxon’ for ‘Ukraine.’ ‘Exxon, I need you to do me a favor, though.’”
Other users also pointed out that Trump repeatedly defended himself during the impeachment proceedings by claiming his actions did not constitute a quid pro quo. If he believed he did not commit any wrongdoing, they argued, it is possible that he would engage in this kind of behavior again.
“If he was willing to do this with Ukraine, I have no doubt he’s done it with US corporations,” one user wrote.
Some also cast doubt on the fact that it was a hypothetical at all.
“Trumps the kind of guy who jokes about doing something illegal but says ‘I’m just kidding’ but he’s actually done it,” one person tweeted. “He made the old Exxon CEO the Secretary of State. How much has Exxon given Trump & how has the Trump administration helped them w/ regulations.”
It is true that the oil and gas industry has been a large contributor to Trump, who has spent his time in office denying scientific facts about climate change and rolling back decades of environmental regulations.
According to OpenSecrets, which tracks money in politics, Trump and outside groups associated with him have raised nearly $13 million from people at oil-and-gas companies in this election cycle.
Not only is that nearly 13 times the $976,000 the industry has donated to Biden, it is also more than people in the industry have given Republicans in all of the last three presidential races.
See what others are saying: (The New York Times) (The Washington Post) (CNN)
AOC Will Play “Among Us” With Pokimane and Others To “Get Out the Vote”
- Rep. Alexandria Ocasio-Cortez asked if anyone wanted to play “Among Us” with her on Twitch in an effort to encourage voting.
- She’s already publicly agreed to play with Pokimane, Hasan Pike, and Rep. Ilhan Omar, but no other players have been confirmed yet.
- Internet stars who showed interest included James Charles, Gus Johnson, Jacksepticeye, Dr Lupo, and several others.
- The congresswoman has created a Twitch channel in preparation for the stream, which she said could happen Tuesday night.
- AOC isn’t the only Democrat using video games to reach young voters. The Biden-Harris campaign has made headlines for releasing 2020 yard signs and creating its own headquarters in “Animal Crossing.”
AOC Issues a Call for “Among Us” Players
Internet stars are jumping at the chance to stream a game of “Among Us” with Rep. Alexandria Ocasio-Cortez (D-NY) on Twitch this week.
“Anyone want to play Among Us with me on Twitch to get out the vote?” the Democratic congresswoman from New York tweeted out Monday.
“I’ve never played but it looks like a lot of fun,” she added before asking, “Who would you want to watch in a game together? ⬇️”
“Among Us” is a multiplayer murder mystery game that was released in 2018, but it recently became wildly popular thanks to various streamers and people trying to have fun with friends in this age of social distancing.
While many streamers were quick to reply to AOC’s question, one of the biggest names catching attention was Pokimane, who has over 6 million Twitch followers.
“It’d be an honor,” she tweeted back.
“Let’s do it!” Ocasio-Cortez replied, saying she’ll set up her account and get equipment together.
Other Creators Show Interest
Aside from Pokimane, AOC also publicly agreed to play with streamer and political commentator Hasan Piker, as well as Rep. Ilhan Omar.
It’s unclear how many people she’s looking to bring together, but a game of “Among Us” can have up to 10 players.
Other huge creators throwing their names into the hat include James Charles, Gus Johnson, Jacksepticeye, Lazarbeam, and Dr Lupo.
YES— James Charles (@jamescharles) October 19, 2020
I’d love to if you’re down!— Gus Danger Johnson (@Gusbuckets) October 19, 2020
If you need a diversity of accents hit me up— Jacksepticeye (@Jack_Septic_Eye) October 19, 2020
I offer myself as tribute. 😁— DrLupo (@DrLupo) October 19, 2020
However, as of now, no other players have been publicly confirmed. AOC set up her Twitch channel last night, which already has nearly 200,000 followers.
She said she spent time setting up mods and doing run-throughs but plans to go live sometime Tuesday night.
Democrats Using Video Games To Reach Young Voters
It will be interesting to see who participates and what kind of viewership this event brings in. Many agree that the steam could prove to be a smart way to reach younger Americans before the election, a base AOC is especially good at communicating with.
Although she admittedly hasn’t played this particular game before, video games aren’t exactly outside her realm of interests. In fact, she previously opened up about loving to play “League of Legends.”
Ocasio-Cortez is also far from the only Democrat-leaning into video games as a way to reach young voters. The Biden-Harris campaign has taken a similar approach with the “Animal Crossing: New Horizons.”
Last month, they released official yard signs through the game, and just this month, the campaign launched Joe Biden’s virtual headquarters– an entire island where users could connect with his campaign,
According to Christian Tom, director of digital partnerships for the Biden-Harris campaign: “The island includes plenty of ice cream, trains, aviators, chucks, swag, and more weaved throughout the entire island — but there are also features that encourage players to organize and mobilize.”
For example, it included ads for the DNC’s “I Will Vote” website as well as an election day checklist, among other features. Biden’s character even walks across the island so players can take virtual selfies with him.