| ◼ Department of Justice special counsel Jack Smith is folding his two prosecutions of Trump: the January 6 election-interference case in Washington, D.C., and the Mar-a-Lago documents case in Florida. Sources cited long-standing DOJ Office of Legal Counsel guidance, which holds that a sitting president may not be indicted or prosecuted. That would argue for suspending the cases. We suspect Smith is, instead, going to dismiss them, especially given the chance that President Biden will pardon his son, Hunter, who has been found guilty of federal gun and tax felonies. Pre-election, Biden vowed that he would not pardon Hunter; a volte-face would be less unpopular if the public sees a clemency package, in which Trump’s legal jeopardy disappears, too. The Mar-a-Lago case is easily dismissed since Smith already lost it (Judge Aileen Cannon threw out the indictment due to constitutional problems): DOJ can simply drop its appeal. Dismissal of the J6 case is more complicated; by rule, Judge Tanya Chutkan must grant leave for the dismissal. The Obama appointee is more apt to do it if the request comes from Biden’s DOJ than Trump’s DOJ. Federal dismissals would not affect the state cases against Trump, though they do convey a welcome signal that Democrats are abandoning lawfare. Not receiving that signal yet is Manhattan DA Alvin Bragg, who is still set next week to resume proceedings in his prosecution of Trump for business-records fraud.
◼ Tuesday was not a great day for pro-lifers, but it at least halted their unbroken string of referendum defeats post-Dobbs. Pro-abortion referenda won in Missouri, Arizona, Montana, Nevada, Colorado, Maryland, and New York. But they lost in Florida, Nebraska, and South Dakota. The results differed by the language of the amendments and by the support required for passage. In Florida, for example, there was 57 percent support, three short of what was needed to pass the amendment. In South Dakota, pro-abortion groups refused to support the proposal because it contained some limits on late-term abortions. Meanwhile, Harris’s bet on abortion did not pay off. Michigan, where Democrats swept the state in 2022 on a pro-abortion platform, saw Republicans retake the state house. That should end Democratic thinking about abortion as a magic wand to summon armies of new female voters from the hills. Exit polls showed that moderately pro-choice voters swung heavily toward Donald Trump compared with 2020, before Dobbs. Trump may have retreated on life issues, but at least his administration won’t stop pro-life states from enforcing their own laws or persecute pro-life activists. The fight continues, as it must.
◼ The exit polls suggest that immigration was a more powerful issue than abortion: Roughly as many people rated each issue as the most decisive one, and those who voted on immigration were more lopsided in Trump’s favor than the abortion voters were in Harris’s. Some analysts are touting the fact that voters split 56–40 percent in favor of letting most illegal immigrants apply for legal status rather than be deported—and Republicans should indeed be mindful of that fact even as they ramp up enforcement of immigration laws. In 2016, however, the split was 70 to 25 in favor of legal status. And the pro-deportation camp this time was not only larger but a bit more pro-Trump. Among Biden’s inadvertent accomplishments has been to make the public much more hawkish on immigration.
◼ In 2014, Californians voted to downgrade many felonies to misdemeanors. An initiative to partially reverse that one just passed the state handily; at press time, it appears to have carried every county. Los Angeles voted out its progressive prosecutor. The mayors of San Francisco and Oakland each lost reelection, with crime and disorder a top issue in each city. It is vital to ensure that crime doesn’t pay—and the first step is to make clear that it doesn’t poll well, either.
◼ The day before Election Day, the New York Times tech staff, who currently have an average compensation of $190,000 per year, went on strike. Their union, the Times Tech Guild—remember, it’s progressive to use a medieval form of organization under a legal regime from the 1930s in the modern digital economy—wants a four-day work week along with higher pay and guaranteed annual bonuses, 100 percent employer-covered health insurance premiums for employees and their family members, unlimited sick leave, more money for racial-minority staffers, trigger warnings at meetings, bereavement time for the deaths of pets, and a ban on scented products in break rooms. The union also wants you to “honor the digital picket line” by not playing online word games or using the NYT Cooking app during the strike. We don’t ordinarily recommend using more NYT products than are absolutely necessary, but we hear that the recipe for garlic-braised short ribs with red wine is excellent. |