The Morning Dispatch: The GOP Senate Tightrope

Plus: The Department of Justice goes after Google.

Happy Wednesday! Things are moving very fast all of a sudden: We hope you’ll join us for our special Dispatch Live tomorrow evening after the final presidential debate. Great for if you watched the debate and just couldn’t get enough (unlikely) or skipped it altogether and want to catch up on what went down (much more reasonable). And have we mentioned we’ve got a post-election event coming up?

Quick Hits: Today’s Top Stories

  • The United States confirmed 60,582 new cases of COVID-19 yesterday per the Johns Hopkins University COVID-19 Dashboard, with 6.7 percent of the 906,932 tests reported coming back positive. An additional 849 deaths were attributed to the virus on Tuesday, bringing the pandemic’s American death toll to 220,944. According to the COVID Tracking Project, 39,230 Americans are currently hospitalized with COVID-19. (Due to either a glitch or the reclassification of existing cases, the cumulative case count on the Johns Hopkins Dashboard decreased. We’ve reached out to the dashboard’s creator for clarification, but in the meantime pulled the 60,582 daily figure from the COVID Tracking Project.)

  • The Department of Justice filed an antitrust suit against Google, alleging the technology company used exclusionary practices to unlawfully undermine competition. “For years, Google has accounted for almost 90 percent of all search queries in the United States and has used anticompetitive tactics to maintain and extend its monopolies in search and search advertising,” the suit reads.
  • According to a Tuesday ACLU filing, lawyers appointed by a federal judge to identify migrant families separated by the Trump administration have been unable to track down the parents of 545 children. The filing says approximately two-thirds of these parents were deported to Central America before being reunited with their children.
  • Scientists at Imperial College London, funded by the British government, are moving ahead with the world’s first human challenge trials for COVID-19, in which healthy volunteers will be deliberately infected with the virus in an effort to test the vaccine’s efficacy.
  • CBS News’s Catherine Herridge reports that FBI and Department of Justice concur with the assessment of DNI John Ratcliffe that the Hunter Biden laptop and emails were not part of a Russian disinformation operation. “Separate reporting suggests could be part of foreign influence op,” she added.
  • Majority Leader Mitch McConnell announced the final Senate vote to confirm Judge Amy Coney Barrett to the Supreme Court will take place on Monday, October 26.
  • A Federal Election Commission filing shows that the Senate Leadership fund, a super PAC associated with Senate Majority Leader Mitch McConnell, raised a whopping $92 million in September. The Trump campaign, however, ended September with only $63.1 million in the bank, compared to the Biden campaign’s $177.3 million cash on hand. A recent Associated Press story details how the Trump campaign has spent the more than $1 billion it’s raised since 2017.
  • federal appeals court ruled that North Carolina can continue to count absentee ballots received after November 3, as long as they were postmarked by Election Day.

GOP Senators Distance Themselves From Trump

Texas Sen. John Cornyn—up for re-election this year—told the Fort Worth Star-Telegram over the weekend his relationship with President Trump is “maybe like a lot of women who get married and think they’re going to change their spouse, and that doesn’t usually work out very well.”

“I think what we found is that we’re not going to change President Trump,” he said. “You either love him or hate him.” Cornyn said he regularly disagrees with the president on COVID-19 stimulus negotiations, China trade policy, and budget deficits, but prefers to keep those disagreements private to be “more effective.”

The Texas senator has since walked back his soft rebuke of the president, telling talk show host Chad Hasty on Tuesday that his comments were “spun up by some of these Beltway pundits who are trying to create a narrative to damage the president and to damage Republicans.” Cornyn is still favored to win his race against Democratic challenger MJ Hegar, but it’s closer than a Senate campaign in Texas ought to be; the Cook Political Report moved the race from “Likely Republican” to “Lean Republican” last week.

Cornyn’s uncomfortably close lead in the Lone Star State—and newfound Trump balancing act—is typical of the plight down-ballot Republicans across the country are facing as the president’s dwindling reelection chances increasingly hamper their own.

GOP Sens. Joni Ernst of Iowa, Lindsey Graham of South Carolina, Susan Collins of Maine, Thom Tillis of North Carolina, Kelly Loeffler of Georgia, Cory Gardner of Colorado, Martha McSally of Arizona, Steve Daines of Montana, Dan Sullivan of Alaska, and David Perdue of Georgia are—to varying degrees—in a similar boat as Cornyn, facing tough reelection battles in a difficult environment for Republicans. According to FiveThirtyEight’s Senate Forecast, Democrats currently have a three-in-four chance of being in the majority when the next Congress is sworn in in January.

Big Trouble for Big Tech

In a political climate that has been growing steadily more hostile towards the technology industry, the Department of Justice turned up the temperature even more Tuesday, announcing an antitrust lawsuit against search engine behemoth Google.

Eleven GOP state attorneys general joined the DOJ in the lawsuit, which asserts that “Google is now the unchallenged gateway to the internet for billions of users worldwide. … American consumers are forced to accept Google’s policies, privacy practices, and use of personal data.”

The Justice Department also said Google stifled potential competition by entering “into exclusionary agreements, including tying arrangements, and engaged in anticompetitive conduct to lock up distribution channels and block rivals,” referencing numerous financial agreements Google made with companies like Apple, Verizon, and Mozilla to make Google their default search engine, leading to an alleged monopolization of the market for online advertising services.

Months of investigations have led to this point, with not only the Trump administration’s Justice Department but also the Democratic-led House Subcommittee on Antitrust looking into the company. Generally speaking, Democrats have focused on the size and market dominance of many big tech companies, as well as what they see as the enabling of misinformation’s spread. More populist Republicans have also become fierce critics of the technology industry—partly for the same reasons as Democrats, but also because they believe search engines and social media companies are biased against conservatives and limit the spread of conservative viewpoints.

Worth Your Time

  • According to Yanna Krupnikov and John Barry Ryan, both associate professors at Stony Brook University, the real political division in American society isn’t between Republicans and Democrats, but between the minority of Americans who follow politics closely and the majority who follow casually or not at all. The phenomenon, which they’ve deemed “the attention divide” in an op-ed for The New York Times, exacerbates the perception that the left and the right lack common ground because political junkies get to set the rules for political engagement. “For partisans, politics is a morality play, a struggle of good versus evil,” Krupnikov and Ryan write. “But most Americans just see two angry groups of people bickering over issues that may not always seem pressing or important.”
  • We could all use some good COVID news, and NPR has some. “Two new peer-reviewed studies are showing a sharp drop in mortality among hospitalized COVID-19 patients,” Geoff Brumfiel writes. “The drop is seen in all groups, including older patients and those with underlying conditions, suggesting that physicians are getting better at helping patients survive their illness.” According to one of the studies, hospitalized COVID are now three times more likely to make it through their ordeal alive: “Patients in the study had a 25.6% chance of dying at the start of the pandemic; they now have a 7.6% chance.”

Presented Without Comment

Chris Megerian @ChrisMegerian

The president’s tweets don’t mean anything, his chief of staff says in court

Mike Scarcella @MikeScarcella

Mark Meadows declaration: ‘The president indicated to me that his statements on Twitter were not self-executing declassification orders…’ https://t.co/obqq1vrEEV https://t.co/quG5dt97Zt

Toeing the Company Line

  • Longtime pollster and co-founder of Echelon Insights Kristen Soltis Anderson makes her return to The Remnant to talk all things polls with Jonah. In many ways, pollsters have a much easier job this time around. Heavy early voting turnout turns “possible voters” into voters, allowing pollsters to draw more concrete conclusions. But other complications, like invalidated mail-in ballots, make this election difficult to call definitively. Stick around for a discussion about how young Americans are differentiating themselves from earlier generations.
  • For David, the Hunter Biden story revealed the simultaneous failures of multiple institutions. “The New York Post should not have published its stories without more comprehensive, transparent efforts at verification. Twitter should not have applied double standards and an unworkable policy to block access to the Post’s story. And neither Republican senators nor the Trump administration should seek to inject the government into the moderation policies of private corporations,” he writes in his latest French Press (🔒). “Leave online free speech alone.”
  • Scott Lincicome tackles Section 230—and calls from some prominent Republicans to amend it—in this week’s installment of Capitolism (🔒). “It strikes me as pretty nutty that the Party of Free Markets, Limited Government, and Economic Growth,” he concludes, “is now working to create a Fairness Doctrine for the internet and thereby hobble a thriving U.S. industry, stifle speech, grow government, and empower its mortal enemies because Twitter, Facebook and YouTube occasionally do stupid things.”

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

Photo by Caroline Brehman/CQ-Roll Call, Inc via Getty Images.