The Morning Dispatch: The Kraken Caucus

Plus: Hunter Biden’s legal troubles and Rep. Eric Swalwell’s foreign entanglement.

(Photo by Tasos Katopodis/Getty Images)

Happy Friday! Chag urim sameach to all who celebrated the beginning of Hanukkah last night!

We all received gifts yesterday: A surprise Taylor Swift album, and promises of unfathomable amounts of new Marvel and Star Wars content.

Quick Hits: Today’s Top Stories

  • Morocco on Thursday became the fourth Arab country in recent months to establish diplomatic relations with Israel. The deal, which was brokered by the Trump administration, came to fruition once the United States agreed to recognize Moroccan sovereignty over the disputed Western Sahara region. GOP Sen. James Inhofe, who chairs the Armed Services Committee, criticized the move, saying President Trump “could have made this deal without trading away the rights of this voiceless people,” referring to Algerian-backed separatists who also lay claim to the region.
  • A panel of outside experts voted 17-4 on Thursday to recommend the Food and Drug Administration issue an emergency use authorization for Pfizer and BioNTech’s COVID-19 vaccine. The FDA is expected to do so in the next few days, clearing the way for vaccinations to begin early next week.
  • The U.S. budget deficit grew a record 25 percent in October and November from the same two months last year, the Treasury Department said on Thursday. Federal spending in the first two months of the fiscal year rose 9 percent year-over-year, and revenue declined 3 percent.
  • Brandon Bernard was executed at a federal prison in Indiana last night after the Supreme Court denied an emergency stay, making him the ninth person put to death by the federal government since the Justice Department resumed executions on the federal level in July. Bernard was one of five gang members convicted in the 1999 murder of youth ministers Todd and Stacie Bagley.
  • President-elect Joe Biden on Thursday announced his intent to nominate Denis McDonough, President Obama’s longtime chief of staff, to serve as Secretary of Veterans Affairs. He also selected Susan Rice—national security adviser to President Obama—to lead the White House Domestic Policy Council.
  • Days after a bombshell New York Times report from Nicholas Kristof found pornography platform Pornhub featured videos of child abuse and rape, Visa and Mastercard announced they are prohibiting the use of their cards on the website.
  • The United States confirmed 214,858 new cases of COVID-19 yesterday per the Johns Hopkins University COVID-19 Dashboard, with 11 percent of the 1,954,686 tests reported coming back positive. An additional 2,644 deaths were attributed to the virus on Thursday, bringing the pandemic’s American death toll to 292,001. According to the COVID Tracking Project, 107,258 Americans are currently hospitalized with COVID-19.

Whose House? Trump’s House.

A majority of Republicans in the House of Representatives endorsed an amicus brief Thursday supporting a widely criticized Texas lawsuit aimed at overturning the results of the election. The release of the list of supporters—106 as of late afternoon Thursday—came after an intense behind-the-scenes battle between President Donald Trump’s most eager supporters and others in the Republican conference.

The move shows how much loyalty Trump still commands among congressional Republicans—and, perhaps more important to lawmakers, the GOP primary electorate. Trump personally lobbied some of the signatories, and a letter sent to members by the leader of the effort, Louisiana Rep. Mike Johnson, recently elected vice chairman of the Republican conference, indicated the president would be made aware of who refused to sign.

Filed by Texas Attorney General Ken Paxton earlier this week, the Texas suit targets Georgia, Michigan, Pennsylvania, and Wisconsin for election rules changes regarding mail-in voting. It asks the Supreme Court to block the four states, all of which Joe Biden won, from casting electoral votes on December 14.

The Trump team is all-in on the effort, with top Trump advisers publicly touting the suit as the president’s path to remain in power. In an appearance in Georgia ahead of the January 5 Senate run-offs, Vice President Mike Pence praised the effort. “All I can say is God Bless Texas!”

The complaint, as David French writes, “is woefully deficient.”

It rests on a deeply flawed claim. From the complaint: “The probability of former Vice President Biden winning the popular vote in the four Defendant States—Georgia, Michigan, Pennsylvania, and Wisconsin—independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion, or 1 in 1,000,000,000,000,000.”

As David notes: “The reason Trump ultimately lost when he was leading earlier in the evening is simple—large, heavily-Democratic counties were slower to count their votes, and they didn’t report their totals until later. Moreover, one reason some jurisdictions didn’t report until later is that Republican legislatures prohibited them from counting hundreds of thousands of mail-in ballots before election day. The delay was a product of political choices, not corruption.”

More Trouble for Hunter

Hunter Biden, the president-elect’s son, confirmed on Wednesday that his taxes are under investigation by the U.S. Attorney’s Office in Delaware. “I take this matter very seriously,” the younger Biden said in a statement released through his father’s transition team, “but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisors.”

The statement added that Joe Biden is “deeply proud of his son, who has fought through difficult challenges, including the vicious personal attacks of recent months, only to emerge stronger.”

Subsequent reporting from Politico and the New York Times has revealed that the investigation into Hunter Biden extended in scope—at least at one point—beyond tax issues to include securities fraud and money laundering as well. “The money laundering aspect of the case failed to gain traction after F.B.I. agents were unable to gather enough evidence for a prosecution,” the Times reported. Federal authorities in the Western District of Pennsylvania are reportedly also conducting a criminal investigation into Americore, a hospital business in which Joe Biden’s brother James was involved, though it’s unclear if James Biden himself is a focus of the probe.

Is All Well With Swalwell?

Democratic Rep. Eric Swalwell, a member of the House Intelligence Committee and an outspoken critic of Donald Trump, is under fire following an Axios report published earlier this week alleging that the Democratic lawmaker was the target of Fang “Christine” Fang, a Chinese national suspected of working on behalf of the Chinese Communist Party to collect information about American politicians.

Fang had a yearslong relationship with Rep. Swalwell from 2011 to 2015, reportedly fundraising for the congressman’s 2014 reelection campaign and helping him hire an intern. Swalwell told Axios that he met Fang more than eight years ago and has not interacted with her in nearly six years. His dad and brother, however, remained Facebook friends with Fang until earlier this week.

Swalwell made a name for himself as one of the most aggressive—and most hyperbolic—critics of President Donald Trump on Russia, using his seat on the House Intelligence Committee to become a constant presence on television, winning favor among the resistance-friendly base of the Democratic Party. He often went further in his claims than his colleagues, implying his seat on the intelligence committee gave him access to information not readily available to others. In one appearance on MSNBC, Swalwell argued Trump was an agent of Russia. Chris Matthews pressed him: “An agent like in the 1940s, where you had people who were ‘reds’ … in other words, working for a foreign power?” Swalwell doubled down: “He’s working on behalf of the Russians, yeah.”

Swalwell, who used his newfound celebrity to run briefly for president in 2019, insists he didn’t share any classified information with Fang, and claimed, implausibly, that the story was leaked to damage him because he is such a vociferous opponent of President Trump. “At the same time this story was being leaked out is the time that I was working on impeachment on the House Intelligence and Judiciary Committees,” he said. “If this is a country where people who criticize the president are going to have law enforcement information weaponized against them, that’s not a country that any of us want to live in. I hope it is investigated who leaked this information.”

Worth Your Time

  • In his most recent Washington Post column, David Ignatius argues that familiarity is playing too big a role in the formation of President-elect Biden’s Cabinet. “He’s gathering a Cabinet that mirrors his own strengths—sane men and women, each one likable and competent. Like Biden, they can play the old tunes so well that maybe Americans will begin to forget what they’re so angry about,” Ignatius writes. “But the virtues of calm and collegiality can be overstated. A team of elbows-in former colleagues and aides may end up looking more like a Senate staff than a dynamic Cabinet. Biden understandably doesn’t want a fractious ‘team of rivals,’ as Doris Kearns Goodwin dubbed President Abraham Lincoln’s Cabinet. But he shouldn’t have a team of retreads, either.”
  • At the onset of the pandemic, Trump wasn’t the only public official who failed to provide accurate information about the efficacy of masks and their ability to prevent the spread of the coronavirus. Many public health experts amended their positions weeks later as more data came to light, but they initially got the facts wrong, telling Americans to forgo masks and save them for health care workers. Matt Yglesias argues in his newsletter this week that public health experts’ initial failure to properly educate people about mask-wearing was one of the biggest mishaps of the pandemic—and set the stage for a fundamental misunderstanding of the virus that lasts until this day. “The forget-masks-wash-your-hands era, even if motivated by a concern about medical supplies, carried a larger implication that’s stuck with us—fear dirty things. The correct message should be to fear contaminated air,” Yglesias writes. “The fact that we aren’t out of stock of air purifiers itself reflects a huge failure to provide adequate information.”

Presented Without Comment

Toeing the Company Line

  • On the latest episode of the Advisory Opinions podcast, David and Sarah provide an update on Sidney Powell’s Kraken lawsuits and break down the “frivolous” case Texas Attorney General Ken Paxton is bringing alongside several other attorneys general. Plus: A dive into the Justice Department’s antitrust lawsuit against Facebook, and answering some reader mail about law school.
  • Manhattan Institute president (and fan favorite) Reihan Salam returned to The Remnant this week for a conversation with Jonah about cities. Why do they tend to be so progressive? Do conservative ideals have a chance of ever catching on in metropolitan centers, and can the GOP ever win them?

Reporting by Declan Garvey (@declanpgarvey), Andrew Egger (@EggerDC), Haley Byrd Wilt (@byrdinator), Audrey Fahlberg (@FahlOutBerg), Charlotte Lawson (@charlotteUVA), and Steve Hayes (@stephenfhayes).