The Morning Dispatch: Rudy Giuliani’s October Surprise

Plus: Amy Coney Barrett’s Senate testimony comes to a close.

Quick Hits: Today’s Top Stories

  • The United States confirmed 56,580 new cases of COVID-19 yesterday per the Johns Hopkins University COVID-19 Dashboard, with 5.6 percent of the 1,011,304 tests reported coming back positive. An additional 873 deaths were attributed to the virus on Wednesday, bringing the pandemic’s American death toll to 216,734.

  • Amy Coney Barrett faced her final day of questioning from the Senate Judiciary Committee on Wednesday. Outside witnesses are set to testify about Barrett later today, leading to an October 22 committee vote on her nomination. According to a Morning Consult poll conducted October 9-11, 48 percent of registered voters support Barrett’s confirmation and 31 percent oppose.
  • Treasury Secretary Steve Mnuchin said on Wednesday that the chances of passing a coronavirus relief bill before November 3 are slim: “I’d say at this point getting something done before the election and executing on that would be difficult, just given where we are.”
  • The Biden campaign announced it raised a record $383 million in September, and has just under half a billion dollars in the bank heading into the final stretch of the election.
  • Due to rising coronavirus infections, French President Emmanuel Macron instituted a minimum four-week curfew in Paris and several other French cities that will begin this Saturday.
  • The president’s youngest son, Barron Trump, tested positive for COVID-19 around the same time as his parents, Melania Trump disclosed on Wednesday. He has since tested negative. “Luckily he is a strong teenager and exhibited no symptoms,” Melania Trump said. “In one way I was glad the three of us went through this at the same time so we could take care of one another and spend time together.”
  • University of Alabama football coach Nick Saban announced Wednesday that he has tested positive for COVID-19. Greg Byrne, Alabama’s athletic director, also tested positive.

A Note Before We Begin

The New York Post reported yesterday that it had obtained emails from the hard drive of Hunter Biden’s computer, including messages with new information about his time at Burisma, the gas company in Ukraine on whose board Biden served. Your Morning Dispatchers read the story shortly after it was published and decided not to include it yesterday’s TMD out of concern about the authenticity of the emails, the accuracy of the reporting and the provenance of the hard drive.

We are covering the story today after it dominated campaign news coverage for the last 24 hours, but our concerns about its veracity have only grown. The story came to the public’s attention due to the efforts of Steve Bannon and Rudy Giuliani, one of whom has been indicted for fraud and both of whom have well-deserved reputations as conspiracy theorists. The individual at the center of the story, a computer shop owner in Delaware, has offered contradictory accounts of his involvement. And disinformation specialists have warned about the presentation of the information at the heart of the controversy. Our own reporting raises additional questions about the claims in the piece.

It’s possible the story as the Post tells it is true. And it’s possible that the emails at the center of the report are authentic. It’s also possible that the information was released as part of the kind of hack-and-leak operations the US intelligence community has warned about. We simply don’t know at this point.

What we do know is this: There’s more coming. Giuliani promised as much. And three weeks ago, a Trump adviser told The Dispatch that the campaign would be releasing new and damaging information related to Hunter Biden as the election approached, including documents suggesting corruption related to China. This morning, the Post has another article featuring documents allegedly obtained from that same hard drive—these ones purportedly related to Hunter Biden’s business in China.

We’ll report it all slowly and carefully.

2016 All Over Again?

On Wednesday morning, the New York Post—a tabloid owned by Rupert Murdoch—published a story it characterized as a bombshell. “Smoking-gun email reveals how Hunter Biden introduced Ukrainian businessman to VP dad,” the headline reads. Most of the article rehashed the charges of Burisma-related corruption over which President Trump’s impeachment battle last year was fought.

But yesterday’s Post story included a few new details: a handful of emails and photographs the paper says it was tipped off to by Steve Bannon in late September and that Trump’s lawyer, Rudy Giuliani, provided to Post reporters on Sunday. The main email depicts Vadym Pozharskyi, a Burisma board advisor, emailing Hunter Biden, then a Burisma board member, in April 2015: “Thank you for inviting me to DC and giving an opportunity to meet your father and spent some time together.” The Dispatch cannot verify the authenticity of the email.

The article provided an opening for the president and his allies in the media to resurrect the (disproven) allegation that Hunter Biden leveraged his connection to the Obama administration to get Viktor Shokin—then a Ukrainian prosecutor tasked with investigating Burisma—ousted from his position. Vice President Biden did pressure the Ukrainian government to replace Shokin, but did so in large part because Shokin was widely viewed as not investigating corruption. U.S. allies and international organizations had long pushed for Shokin’s removal because he was seen as an obstacle to serious investigative work. And the calls for Shokin’s removal were bipartisan here in the United States. Several Republican senators signed a letter in 2016 urging Ukraine to “press ahead with urgent reforms to the Prosecutor General’s office and judiciary.” On balance, the removal of Shokin made a serious investigation of Burisma more likely, as a replacement would be charged with picking up investigations Shokin had either shelved (Burisma) or failed to undertake.

As stipulated above, the Post story could be true, but the article raises several red flags—and not just because it relies on historically unreliable narrators in Bannon and Giuliani. The source of the emails and photographs is John Paul Mac Isaac, a Delaware computer repairman, Trump supporter, and conspiracy theorist who alleges a customer dropped off three MacBook Pros in April 2019 and never retrieved them. Isaac, who says he is legally blind, says he can’t be 100 percent certain that they customer was Hunter Biden. Isaac gave at least one of the MacBooks—which he says had a Beau Biden Foundation sticker on it—and a hard drive to the FBI last December, but he also made a copy of the hard drive and gave it to Giuliani’s lawyer, Ryan Costello. It’s unclear how long Giuliani himself has had access to the hard drive, but he gave it to the New York Post on Sunday, just over three weeks before Election Day.

 

 

“You Will Be Confirmed, God Willing.”

With the Senate’s public questioning of Amy Coney Barrett coming to a close yesterday, it appears no minds were changed in the process. Members of the Senate Judiciary Committee will convene tomorrow for a closed-door hearing to review Barrett’s FBI background check, and all signs point to an October 22 committee vote. “You will be confirmed, God willing,” Senate Judiciary Committee Chairman Lindsey Graham told Barrett.

Judge Barrett remained steadfastly tight-lipped on Wednesday, leaving Senate Democrats frustrated as she declined to answer repeat inquiries into her future rulings, opinions of ongoing litigation, and policy stances.

Barrett’s ability to carry out her duties as a Supreme Court justice came under scrutiny more than once, with Democratic senators highlighting the proximity of her nomination to the election as reason to question her independence. Although the court’s sitting “conservative” justices have broken from President Trump’s preferred outcomes in several high-profile rulings, Barrett’s appointment is viewed by many on the left as a last-ditch effort to swing the election to the president in the event of a contested result.

When asked by Sen. Pat Leahy what the high court would do if the president refused to comply with a court order, Barrett said “the Supreme Court can’t control what the president obeys.” When asked how the court would respond if the president pardoned himself for a crime, she didn’t get into speculation. “So far as I know, that question has never been litigated,” she said. “That question may or may not arise, but it’s one that calls for legal analysis about what the scope of the pardon power is.”

 

 

Worth Your Time

  • Even though we’re still knee-deep in the pandemic, American Enterprise Institute economist Nicholas Eberstadt thinks the time is ripe to brainstorm what our public policy goals should look like in a post-COVID-19 era. “Revitalizing America after COVID-19 will be a monumental national challenge—likely the greatest in our lifetimes,” Eberstadt writes. “If we rely mainly on ‘muddling through’ to set our course into the post-pandemic era, we are all too likely to temporize our way into a nightmare: an American future defined by a hypertrophied, crushingly expensive social-corporate welfare state; a stagnant, politicized economy; and deep, permanent financial dependence on officialdom, both elected and otherwise.”
  • In the New York Times, erstwhile Dispatch Podcastguest Astead Herndon explores how Kamala Harris’ time at Howard University shaped her career trajectory. “As a student at Howard, called ‘The Mecca’ by those who know its legacy, Ms. Harris settled into the pragmatic politics that have defined her career,” Herndon writes. “She participated in protests, but was a step removed from the more extreme voices on campus. She sparred with the Black Republicans on the debate team but made no secret that she thought some tactics by activists on the left were going too far.”
  • From concert pianists to Broadway violinists, hundreds of thousands of live performers are now struggling to get by after being laid off or furloughed due to the pandemic. “While the indefinite intermission has taken a toll on musicians of all ages, it is particularly tough on younger musicians who haven’t yet established careers or teaching studios,” writes Betsy Morris in the Wall Street Journal.

Presented Without Comment

Also Presented Without Comment

Toeing the Company Line

  • On this week’s Dispatch Podcast, Sarah and the guys break down Amy Coney Barrett’s Senate confirmation hearings before giving us a temperature check on the presidential election, several competitive Senate races, and the unmasking probe commissioned by Attorney General Bill Barr.
  • Frustrated by the GOP’s eagerness to usher in a 6-3 conservative majority on the Supreme Court before November 3, the left has spent the last few weeks redefining the term “court packing” to suit their own political needs. “Ever since Ruth Bader Ginsburg’s passing,” Jonah writes in his Wednesday G-File (🔒), “the idea that court packing is a valid tool has not only taken on new legitimacy, the very meaning and historical context has been bent, folded, and mutilated. ‘Real’ court-packing is when Republicans fill existing vacancies, particularly—as Kamala Harris claimed—with conservative white men.”
  • What’s it like moderating a presidential debate? Sarah spoke to veteran journalist Ann Compton in this week’s Midweek Mop-Up (🔒) for an inside scoop. “The problem with the debates is not the rules and the little minutiae,” Compton tells Sarah. “The problem is having one or more candidates who don’t want to come and discuss issues. The candidate is there to perform.”

Reporting by Declan Garvey (@declanpgarvey), Andrew Egger (@EggerDC), Charlotte Lawson (@charlotteUVA), Audrey Fahlberg (@FahlOutBerg), James P. Sutton (@jamespsuttonsf), and Steve Hayes (@stephenfhayes).

Photograph by Kris Connor/WireImage.