I was watching cable news this afternoon at the gym. And I saw one of those examples of what has now become a Trump/Roberts Court-era set piece. Where principled and very smart lawyers and/or legal academics have to say, I guess I was a chump. Sure the Roberts court is partisan, I thought. But there’s a threshold level belief in the rule of law. I’m not trying to make hay out of others’ mistakes. My guiding heuristic has been that the Roberts Court, especially in its post-2017 iteration is thoroughly corrupt and will generally do whatever is in the interests of the GOP so long as it doesn’t put too big a dent in the Court’s own perceived legitimacy and elite social standing. Based on this standard I assumed the Court would settle for delaying Trump’s trial until the Fall. It seems now that they’re likely to kick it back to the trial Court for further fact-finding and thus the case itself well into 2025.
For most of this election season so far, FiveThirtyEight hasn’t surfaced its own presidential race average. Compiling these averages in a sophisticated and honest way is actually kind of complicated. (They explain their methodology here.) We used to play in this space with PollTracker. So I know from experience. For me it’s not that I put so much weight on the specific number. It’s just a simpler way of visualizing the trend over time.
Well, now they’ve finally rolled theirs out. So I don’t have to be so reliant on RealClearPolitics, which has both a clumsy methodology and goes to comical length to add or not add polls to juice their favored candidate. All that said, the absolute averages as of today as remarkably similar. Trump up .4% on FiveThirtyEight and .3% on RCP. This reminds us of some of the ironies and … how can I say it, melancholy and ennui of complexity. The FiveThirtyEight model is HUGELY complex and sophisticated. It factors in all sorts of different variables. It incorporates findings from individual states into the national averages and vice versa. And yet for all this statistical leg work the averages as of this moment are essentially identical.
There’s going to be a lot to talk about tomorrow with these new fake electors indictments out of Arizona. In fact, there’s so much happening in the news at the moment it’s a bit hard to keep your head straight. But I wanted to note just one exquisite point. One of the indictees is Christina Bobb, OANN talking head turned Trump lawyer, who just last month was appointed as the new head of the RNC’s “election integrity” chief. So yes, the GOP’s head of election integrity has now been charged with election subversion and election fraud. So we’re off to a strong start.
Arizona Attorney General Kris Mayes has obtained a state grand jury indictment in her probe of the Trump’s 2020 fake electors scheme – and she went higher up the chain than might have been expected.
A new episode of The Josh Marshall Podcast is live! This week, Kate and Josh discuss the start of arguments in the hush money trial, Ukraine aid passing in the House and a packed week at the Supreme Court.
You can listen to the new episode of The Josh Marshall Podcast here.
I routinely tell people not to look at every single poll but to focus on trends over time. That is, if you want to look at them at all. We’ll go into Election Day with the polls tight and the outcome still uncertain. I can say this because I actually watch them very, very closely … like unhealthily closely. It’s characterological. I don’t advise it for anyone else. But if you must, it’s okay, and I can relate.
This morning there’s a new batch of swing-state polls from Bloomberg/Morning Consult showing Trump ahead in all but one of those states and growing his lead versus the last of these polls a month ago. That’s not great at all. But as usual I would not invest too much weight in a single poll. These numbers are not in sync with other recent swing-state polls, though actually we have pretty few quality swing-state polls recently. But the overall trend over the last six or seven weeks still seems like what we’ve discussed in the last several posts on this topic. After several months of being behind by a small but real amount (2-4 percentage points), Biden has moved into roughly a tie.
Sometimes a story catches fire and just a really straightforward look at the fine print shows there’s really nothing to it. One of the recent examples has to do with Sen. John Fetterman and the increasingly vocal complaints that he’s gone rogue from his progressive roots and is likely to one day become or is possibly already on his way to becoming the next Joe Manchin or Kyrsten Sinema. There’s actually a whole conversation on social media about how we’ll soon see him coming out against getting rid of or abolishing the filibuster.
The Supreme Court conservatives seemed to solidify around a middle-ground position on Donald Trump’s claims of absolute presidential immunity Thursday, a win by another name for the former president as it would add months of delay to the Jan. 6 case.
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