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Trump stumps for U.S. Senator Luther Strange ahead of Alabama runoff

President tells Huntsville crowd that his endorsement of Strange might turn out to be a “mistake” if he loses

♦By Rich Shumate, Chickenfriedpolitics.com editor

HUNTSVILLE, Alabama (CFP) — President Donald Trump put his power and prestige directly on the line by traveling to Alabama to campaign for U.S. Senator Luther Strange, who is locked in bruising GOP primary runoff against former Alabama Chief Justice Roy Moore.

Trump and Strange onstage in Huntsville (Photo: Twitter)

But addressing Strange’s supporters in Huntsville just four days before Alabama Republicans make their decision, Trump conceded that his endorsement of Strange might turn out to be a mistake should the senator lose — and that he would campaign “like hell” for Moore if the challenger wins the September 26 vote.

“I’m taking a big risk, because if he doesn’t make it, they’re going to go after me,” Trump said, a reference to the likely media reaction if Moore wins.

“If Luther doesn’t win, they’re not going to say we picked up 25 points in a very short period of time. They’re going to say, ‘Donald Trump, the president of the United States, was unable to pull his candidate across the line. It is a terrible, terrible moment for Trump,'” he said.

However, Trump also said that he thought a Moore victory in the primary could put the seat Alabama seat in play in November, in a state where Democrats haven’t won a Senate race in 25 years.

“Roy has a very good chance of not winning in the general election,” Trump said. “Moore is going to have a hard time winning.”

The Democratic nominee is Doug Jones, a former federal prosecutor from Birmingham, whose uphill task in deep red Alabama might be less uphill against someone with Moore’s controversial past, which includes being ousted twice from his chief justice post for defying federal court rulings.

Both Strange and Moore have cast themselves as champions of the president’s agenda, in a state where Trump remains popular. But it was Strange who earned a formal endorsement from Trump just a week before the first round of voting in August, which Moore won.

Since then, Moore has been endorsed by the third place finisher, U.S. Rep. Mo Brooks, and received support from Breitbart News, the website run by Trump’s former chief strategist, Steve Bannon. Former GOP vice presidential candidate Sarah Palin also traveled to Alabama to campaign with Moore.

In addition to Trump, Strange has received support from Senate Majority Leader Mitch McConnell and his allies, who have dumped millions into the race on his behalf.

The battle in Alabama has become a proxy war between the Senate GOP leaders and their intra-party critics, who have embraced the Moore candidacy as a way of giving McConnell a black eye — and possibly saddling him with a Republican caucus member who has publicly and repeatedly called for his ouster.

The twist in the Alabama race is that Trump is on the side of the GOP establishment, rather than Moore, the insurgent outsider who has said he believes God put Trump in the White House.

Five statewide polls taken since the first round of primary voting in August have shown Moore with a lead beyond the statistical margin of error; in three others, the margin between the candidates was not large enough to draw inferences about the state of the race.

The latest poll, a September 18 survey from JMC Analytics, showed an inconclusive margin between the candidates. However, that was a marked shift from the same poll in August, which had Moore with a 19-point lead over Strange.

About 13 percent of voters polled in the survey said they were still undecided.

U.S. Senator Luther Strange

Strange, 64, was appointed to the Senate in February by former Governor Robert Bentley after Jeff Sessions was named as Trump’s attorney general.

At the time, Strange was Alabama’s attorney general, and his office had been involved in investigating the governor’s conduct. Bentley also handed Strange another gift, delaying a special election to permanently fill the Senate seat until November 2018, which would have given Strange nearly two years of incumbency before he had to face voters.

But after a sex scandal forced Bentley from office, new Alabama Governor Kay Ivey reversed course and ordered a special election.

The circumstances of Strange’s appointment, and the perception that it might have been the result of a political deal with the disgraced Bentley, have dogged the senator throughout the campaign, even though he has strongly denied any impropriety and no evidence of a corrupt bargain has surfaced.

Former Alabama Chief Justice Roy Moore

Moore, 70, first gained national notoriety as a local judge in 1995 after battling the ACLU over his practice of opening court sessions with a prayer and hanging the Ten Commandments in his courtroom.

He parlayed that prominence into election as chief justice in 2000 but was forced out in 2003 after he had a display of the Ten Commandments installed in the rotunda of the state judicial building and then defied a federal judge’s order to remove it.

Moore was once again elected chief justice in 2012, but in 2016, he was suspended by a judicial disciplinary panel for the rest of his term for ethics violations after urging local officials to defy the U.S. Supreme Court decision legalizing same-sex marriage.

After losing an appeal of his suspension, Moore resigned from the Supreme Court to run for the Senate.

Will Robert Bentley brouhaha rub off on U.S. Senator Luther Strange?

Strange’s candor about Bentley investigation, timing of special election being questioned

♦By Rich Shumate, Chickenfriedpolitics.com editor

MONTGOMERY (CFP) — Now that the sex and cover-up scandal that has transfixed Alabama for nearly a year has claimed the political scalp of ex-Governor Robert Bentley, state political circles are fixating on another question: Will the Bentley imbroglio also ensnare U.S. Senator Luther Strange?

U.S. Senator Luther Strange

Bentley punched Strange’s ticket to Washington in February, tapping him to fill the seat vacated when Jeff Sessions was confirmed as U.S. attorney general. The governor also handed Strange another generous gift — he delayed a special election for the Senate vacancy until 2018, even though state law mandates that the governor call an election “forthwith.” That meant that Strange’s supposedly temporary appointment would last nearly two years.

At the time, Strange was Alabama’s attorney general, and the resolution of the case against Bentley–in which he pleaded guilty to misdemeanor charges and resigned–has raised questions about not only the timing of the special election, but also Strange’s push first to delay Bentley’s impeachment and then downplay an investigation into his conduct. Both men are Republicans.

In November 2016, just before the presidential election, Strange asked leaders of the House Judiciary Committee to suspend their work on possible impeachment charges against Bentley because it might impact “related work” by the attorney general’s office.

But after being appointed by Bentley to the Senate, Strange tried to tamp down speculation that the governor was under investigation, telling reporters, “We have never said in our office that we are investigating the governor. I think it’s actually somewhat unfair to him and unfair to the process.”

But just days later, Strange’s successor as attorney general, Steve Marshall, confirmed that Bentley was indeed under investigation. And because he, too, had been appointed by Bentley, he recused himself and named a special prosecutor, who negotiated the plea deal that pried the former governor from office.

Strange has insisted that his actions as attorney general regarding the Bentley investigation were above board. However, Bessemer attorney Sam McClure has filed a complaint with the Alabama State Bar Association, asking for Strange to be disbarred for accepting the Senate appointment after delaying the impeachment proceedings, which he said violated legal ethics.

McClure has indicated he will file a similar complaint with the Alabama Ethics Commission, which could also investigate Strange.

However, a strong argument against any quid quo pro between Bentley and Strange is the fact that at the time he asked the Judiciary Committee to suspend its process, Donald Trump had not been elected. So Strange had no way of knowing that Sessions would be appointed as attorney general and a Senate vacancy would open.

In another twist, a legislator who pushed for Bentley’s impeachment, State Rep. Ed Henry, R-Hartselle, now says he met with Bentley shortly after Strange’s appointment, and the then-governor told Henry that he sent Strange to the Senate not to impede the investigation into his own conduct but because Bentley thought Strange was corrupt and wanted to get him out of the state.

Henry has now told this story in both national and state media outlets, prompting strong denials from Bentley’s attorney. Two other state legislators have now gone on the record saying that Henry told them the details of what Bentley said in that meeting, although they were not privy to the conversation.

Also up in the air is the possibility that Strange might have to face a special election to hang on to his seat. Saying Bentley’s appointment of Strange “smells to high heaven,” Republican State Auditor Jim Zeigler, has gone to court to overturn Bentley’s decision to delay the special election until 2018.

New Governor Kay Ivey, also a Republican, might also reverse course and order an earlier vote, although she has so far given no indication that she’s considering doing so.

Southern GOP, Democratic senators split on using “nuclear option” in Gorsuch fight

Senate eliminates filibusters of Supreme Court nominees in party-line vote

WASHINGTON (CFP) — With the support of all 24 Southern Republicans, the U.S. Senate has changed its rules to eliminate filibusters for Supreme Court nominations, clearing the way for confirmation of Neil Gorsuch to a lifetime seat on the high court.

Supreme Court nominee Neil Gorsuch

After Democrats blocked Gorsuch’s nomination with a filibuster, the Republican majority used a parliamentary maneuver to change Senate rules, eliminating the need to reach 60 votes to overcome a filibuster.

That vote fell along party lines, with 52 Republicans in favor, 46 Democrats opposed and two independents who caucus with Democrats also voting against the move.

With the filibuster out of the way, Gorsuch was confirmed by a vote of 54 to 45, with just three Democrats supporting him, including Joe Manchin of West Virginia

Three of the four Southern Democratic senators — Bill Nelson of Florida and Mark Warner and Tim Kaine of Virginia — supported the filibuster and voted against confirming Gorsuch. While Manchin did not join the filibuster and voted for confirmation, he did not support the move by Republican leaders to eliminate filibusters for Supreme Court nominees.

U.S. Senator Joe Manchin of West Virginia

Manchin released a statement blistering both sides for “hypocrisy” and charging that the filibuster fight illustrates “precisely what is wrong with Washington.”

“Frustratingly, both parties have traded talking points: Republicans say it’s about obstructionism and Democrats say it’s a power grab. Their shifting positions and hypocrisy is the one thing that unites them,” he said.

Manchin also noted that in 2013, when Democrats used their majority to end filibusters for executive branch nominees, “every Republican Senator joined me in opposing the rules change then, but now, they stand united to do exactly what they opposed.”

Manchin is up for re-election in 2018 in a state President Donald Trump carried by a whopping 32 points. Warner and Kaine’s opposition to Trump’s first Supreme Court nominee presents less political risk in Virginia, the only Southern state Trump failed to carry last November.

Nelson, however, is also up for re-election in 2018 in a state Trump won and could be facing a formidable Republican foe in Florida Governor Rick Scott.

U.S. Senator Bill Nelson of Florida

In a statement announcing his decision to oppose Gorsuch, Nelson said he has “real concerns with (Gorsuch’s) thinking on protecting the right to vote and allowing unlimited money in political campaigns. In addition, the judge has consistently sided with corporations over employees.”

“I will vote no on the motion to invoke cloture (to end the filibuster) and, if that succeeds, I will vote no on his confirmation,” Nelson said.

The National Republican Senatorial Committee immediately released a statement noting that Nelson had opposed a previous Democratic filibuster of Supreme Court Justice Samuel Alito in 2006 and had previously voted to confirm Gorsuch to a seat on the Denver-based 10th U.S. Circuit Court of Appeals.

“Nelson proved to Floridians today that he no longer shares their values, and instead is more politically aligned with the liberal elite of Washington,” said Katie Martin, an NRSC spokeswoman. “Nelson has been in Washington too long and his move to ignore the will of voters in Florida will cost him his job in 2018.”

U.S. Senator Tim Kaine

Kaine, who is also up for re-election in 2018, is also being pounded by Republicans, particularly over a remark he made during the 2016 campaign saying he would support the “nuclear option” if Republicans filibustered any of Hillary Clinton’s Supreme Court nominees. At the time, Kaine was Clinton’s running mate.

In a lengthy statement explaining his support for the filibuster, Kaine noted that Republicans refused to consider President Obama’s selection of Merrick Garland for the Supreme Court vacancy created by the death of Justice Antonin Scalia in 2016, for which Gorsuch was nominated. He also said the filibuster, which Gorsuch would need 60 votes to overcome, ensures that high court nominees “receive significant bipartisan support.”

“That is especially important now given the many important issues pending before the court and the clear need to fill a position long held vacant through blatant partisan politics with someone who can bring independence and non-partisanship to the job,” Kaine said.

3 of 4 Southern Senate Democrats supporting Gorsuch filibuster

U.S. Senator Joe Manchin of West Virginia sole supporter of Trump Supreme Court nominee

WASHINGTON (CFP) — With the U.S. Senate headed for an epic showdown over a Democratic filibuster of President Trump’s first Supreme Court nominee, three of the four Democrats who represent Southern states in the Senate have lined up against Neil Gorsuch’s confirmation.

Supreme Court nominee Neil Gorsuch

Senators Bill Nelson of Florida and Mark Warner and Tim Kaine of Virginia have all announced they will support a Democratic filibuster designed to stop the Gorsuch nomination, which will likely prompt GOP leaders to end filibusters for Supreme Court nominees, a move that has come to be known as the “nuclear option.”

The lone supporter of Gorsuch left among Southern Democrats is Senator Joe Manchin of West Virginia. All 24 Southern Republicans in the Senate are expected to vote to end the filibuster and confirm Gorsuch.

Manchin — up for re-election in 2018 in a state Trump carried by a whopping 32 points — said in a statement that Gorsuch “has been consistently rated as a well-qualified jurist, the highest rating a jurist can receive, and I have found him to be an honest and thoughtful man.”

“I hold no illusions that I will agree with every decision Judge Gorsuch may issue in the future, but I have not found any reasons why this jurist should not be a Supreme Court Justice,” he said.

Warner and Kaine’s opposition to Trump’s nominee presents less political risk in Virginia, the only Southern state Trump failed to carry last November.  Nelson, however, is up for re-election in 2018 in a state Trump won and could be facing a formidable Republican foe in Florida Governor Rick Scott.

U.S. Senator Bill Nelson of Florida

In a statement announcing his decision to oppose Gorsuch, Nelson said he has “real concerns with (Gorsuch’s) thinking on protecting the right to vote and allowing unlimited money in political campaigns. In addition, the judge has consistently sided with corporations over employees.”

“I will vote no on the motion to invoke cloture (to end the filibuster) and, if that succeeds, I will vote no on his confirmation,” Nelson said.

The National Republican Senatorial Committee immediately released a statement noting that Nelson had opposed a previous Democratic filibuster of Supreme Court Justice Samuel Alito in 2006 and had previously voted to confirm Gorsuch to a seat on the Denver-based 10th U.S. Circuit Court of Appeals.

“Nelson proved to Floridians today that he no longer shares their values, and instead is more politically aligned with the liberal elite of Washington,” said Katie Martin, an NRSC spokeswoman. “Nelson has been in Washington too long and his move to ignore the will of voters in Florida will cost him his job in 2018.”

U.S. Senator Tim Kaine

Kaine, who is also up for re-election in 2018, is also being pounded by Republicans, particularly over a remark he made during the 2016 campaign saying he would support the “nuclear option” if Republicans filibustered any of Hillary Clinton’s Supreme Court nominees. At the time, Kaine was Clinton’s running mate.

In a lengthy statement explaining his support for the filibuster, Kaine noted that Republicans refused to consider President Obama’s selection of Merrick Garland for the Supreme Court vacancy created by the death of Justice Antonin Scalia in 2016, for which Gorsuch has now been nominated. He also said the filibuster, which Gorsuch would need 60 votes to overcome, ensures that high court nominees “receive significant bipartisan support.”

“That is especially important now given the many important issues pending before the court and the clear need to fill a position long held vacant through blatant partisan politics with someone who can bring independence and non-partisanship to the job,” Kaine said.

If Republicans are unable to get 60 votes to end the filibuster against Garland, Republican leaders are expected to change Senate rules to end filibusters for Supreme Court nominees and allow them to be confirmed by a simple majority.

In 2013 when Democrats controlled the Senate, they invoked the so-called “nuclear option” to end filibusters for nominees for positions in the executive branch, after minority Republicans thwarted several of President Obama’s appointments.

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