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Monday, December 09, 2019 {{ new Date().getDay() }}

Republicans tore defeat from the jaws of victory again and again to give leader Harry Reid a safe — but not filibuster-proof — majority in the Senate.

Democrats picked up seats in Massachusetts and Indiana. Former governor Angus King, the new Senator in Maine, is likely to caucus with Democrats. Heidi Heitkamp also leads Republican Rick Berg in North Dakota.

Elizabeth Warren–the woman who predicted the housing crisis and came up with the idea for the Consumer Financial Protection Bureau– won Ted Kennedy’s old Senate seat in Massachusetts by defeating Scott Brown (R-MA) — the man who helped water down Wall Street Reform. Brown’s likability helped him win the seat in a special election in 2010. In this race, however, he focused on trivial wedge issues popular in the right-wing press, like attacking Warren for her family’s claims of Native American heritage.

With Senator John Kerry (D-MA) possibly becoming the next Secretary of State, Brown could find himself in another special election soon.

Senator Claire McCaskill (D-MO) faced almost certain defeat until her campaign helped Rep. Todd Akin (R-MO) win the Republican primary. After Akin’s comments about “legitimate rape,” Republicans asked him to drop out of the race. He refused. McCaskill soundly defeated him Tuesday.

Democrat Joe Donnelly defeated Repulican Richard Mourdock in Indiana. Mourdock had defeated Senator Richard Lugar (R-IN) in the Republican primary, after Lugar was targeted by Tea Party groups for being willing to compromise with the president on foreign policy. Mourdock’ own comments about rape contributed to his lead evaporating, and he lost in a state Mitt Romney carried by double digits.

Senator Sherrod Brown (D-OH) held off an extremely well funded challenge from Ohio Treasurer Josh Mandel. Senator Jon Tester (D-MO) also appears to have held off Rep. Danny Rehberg in another race that cost tens of millions of dollars.

Democratic candidates in Arizona, Nevada and Nebraska came close but fell short of winning seats now held by Republicans.

Republicans will not have as good a chance to take back the Senate for several election cycles. However, their House majority, along with a willingness to filibuster almost anything, gives them the ability to enforce gridlock for years to come.

Update: Just before 11am on Wednesday morning, the Associated Press called Montana’s Senate election in favor of Democratic incumbent Jon Tester.

Photo credit: AP Photo/Michael Dwyer

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  • 1.Why did Trump choose to hide certain specific files and not others at Mar-a-Lago? What were the criteria that Trump used to keep some files concealed and not others? Who selected those files? Did Trump consult or direct anyone in his selection of secret files? Trump was notorious for being too impatient to read his briefing papers, even after they had been drastically shortened and simplified. Is there the slightest evidence that he spirited these papers away so that he could consult or study them? Who besides Trump knew of the presence of the files he had concealed at Mar-a-Lago?
  • 2. Mar-a-Lago has an infamous reputation for being open to penetration even by foreign spies. In 2019, the FBI arrested a Chinese woman who had entered the property with electronic devices. She was convicted of trespassing, lying to the Secret Service, and sentenced and served eight-months in a federal prison, before being deported to China. Have other individuals with possible links to foreign intelligence operations been present at Mar-a-Lago?
  • 3. Did members of Trump's Secret Service detail have knowledge of his secret storage of the files at Mar-a-Lago? What was the relationship of the Secret Service detail to the FBI? Did the Secret Service, or any agent, disclose information about the files to the FBI?
  • 4. Trump's designated representatives to the National Archives are Kash Patel and John Solomon, co-conspirators in the investigations into Russian interference in the presidential election of 2016, the Ukraine missiles-for-political dirt scandal that led to the first impeachment in 2019, and the coup of 2020. Neither has any professional background in handling archival materials. Patel, a die-hard Trump loyalist whose last job in the administration was as chief of staff to the Acting Secretary of Defense, was supposedly involved in Trump’s “declassification” of some files. Patel has stated, “Trump declassified whole sets of materials in anticipation of leaving government that he thought the American public should have the right to read themselves."
  • The White House counsel failed to generate the paperwork to change the classification markings, but that doesn’t mean the information wasn’t declassified.” If Pat Cipollone, the White House legal counsel, did not “generate the paperwork,” was he or anyone on his staff aware at all of the declassifications? The White House Staff Secretary Derek Lyons resigned his post in December 2020. Did his successor, who held the position for a month, while Trump was consumed with plotting his coup, ever review the material found in Trump’s concealed files for declassification? Or did Patel review the material? Can Patel name any individual who properly reviewed the supposed declassification?
  • 5. Why did Trump keep his pardon of Roger Stone among his secret files? Was it somehow to maintain leverage over Stone? What would that leverage be? Would it involve Stone's role as a conduit with the Proud Boys and Oath Keepers during the coup? Or is there another pardon in Trump’s files for Stone, a secret pardon for his activities in the January 6th insurrection? Because of the sweeping nature of the pardon clause, pardons can remain undisclosed (until needed). Pardons are self-executing, require no justification and are not subject to court review beyond the fact of their timely execution. In other words, a court may verify the pardon was valid in time but has no power to review appropriateness. A pardon could even be oral but would need to be verifiable by a witness. Do the files contain secret pardons for Trump himself, members of his family, members of the Congress, and other co-conspirators?
  • 6.Was the FBI warrant obtained to block the imminent circulation or sale of information in the files to foreign powers? Does the affidavit of the informant at Mar-a-Lago, which has not been released, provide information about Trump’s monetization that required urgency in executing the warrant? Did Trump monetize information in any of the files? How? With whom? Any foreign power or entity? Was the Saudi payment from its sovereign wealth fund for the LIV Golf Tournament at Trump’s Bedminster Golf Club for a service that Trump rendered, an exchange of anything of value or information that was in the files? If it involved information in the files was it about nuclear programs? Was it about the nuclear program of Israel? How much exactly was the Saudi payment for the golf tournament? The Saudi sovereign wealth fund gave Jared Kushner and former Trump Secretary of the Treasury Steven Mnuchin $2 billion for their startup hedge fund, Affinity Partners. Do the Saudis regard that investment as partial payment for Trump’s transfer of nuclear information? Were Kushner or Mnuchin aware of the secret files at Mar-a-Lago?
  • 7.Did Trump destroy any of the files? If so, when? Did those files contain incriminating information? Did he destroy any files after he received the June subpoena?
  • 8.Were any of the secrets of our allies compromised? Has the U.S. government provided an inventory of breaches or potential breaches to our allies?
  • 9.Does the resort maintain a copying machine near the classified documents that Trump hid? Were any of the documents copied or scanned? Are Trump’s documents at Mar-a-Lago originals or copies? Were any copies shown or given to anyone?
  • 10.Trump’s lawyer Christina Bobb has revealed that a video surveillance system covers the places where Trump hid the files at Mar-a-Lago, and that the system is connected to a system at his other residences at the Bedminster Golf Club in New Jersey and Trump Tower in New York City. According to Bobb, Trump and members of his family observed the FBI search and seizure of his files at Mar-a-Lago, “actually able to see the whole thing” through their surveillance system. Who has that surveillance system recorded entering the rooms where the files were kept?

Kevin Bacon, right, in "The Following"

The aftermath of the August 8, 2022 search of the Mar-a-Lago club, former President Donald Trump’s Florida home, isn’t the first showdown between the FBI and a cult leader.

The Following, a 2013 Fox Pictures series, played out in similar fashion. Three seasons was enough for the producers and it’s been nine years since our introduction to Joe Carroll, English professor-novelist-serial killer, so there’s a spoiler risk -- but not enough to prevent the comparison.

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