NEW: Rep. Ted Deutch became the 23rd lawmaker to call for an impeachment inquiry since Mueller testified -- and with him, a majority of House Democrats now say they'd vote to take that step.
-Deutch is chair of the Ethics Committee; 12 out of 20 standing committee chairmen would vote for an impeachment inquiry
-17 out of 24 Dems on the Judiciary Committee publicly support an inquiry. (And Nadler has backed it privately)
-Majorities of other investigative committees also support an inquiry, including 9/13 on the Intelligence Committee.
-Backers think there are a lot more to come; a slew of progressive members are still on the sidelines. But 218 is still a long way away, especially w/o Pelosi.
Dems who support an inquiry tell me they're watching two players:
-Rep. Ben Ray Lujan, a Dem leader who is running for Senate and helped elect a lot of the freshmen in 2018
-Rep. John Lewis, who has deferred to Pelosi on the issue.
Their support could move a lot of other Dems.
One more notable fact:
-Though just 2 of the 6 chairmen Pelosi tasked with invsetigating Trump have come out for an impeachment inquiry (Engel and Waters), a majority of all their committee members support such a move.
61 out of the 114 on these panels want to take that step.
WHY SOME COUNTS DIFFER: A lot of the impeachment whip counts vary by a couple members. We included in ours everyone who confirmed - either to us or in statements - that they would vote for an inquiry.
Some members were explicit with us but haven't been public about it otherwise.
That includes members like Reps. Bass and Pallone -- who both say they're not necessarily agitating for an impeachment inquiry but would vote for one if it came before them.
To us, that's the key metric of support in a body that measures things by voting.
Dem #119 who would vote for an impeachment inquiry: Rep. AGUILAR is the 24th lawmaker to back an inquiry since Mueller testified.
There's some confusion out there about Pallone. Here's what he told me on July 18 - the day after the Al Green vote.
"Personally I think that he's obstructed justice and he's done all these terrible things that would qualify for impeachment. So that's why I vote that way..." 1/2
Pallone said he had qualms about whether it was worth the House's time because the Senate would just kill it. But he said he personally supports - and would vote for it.
"If the opportunity comes to vote, I will vote for it."
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In court just now, the states are introducing @PressSec tweet saying the funding freeze is still active as evidence that their lawsuit should continue.
Judge MCCONNELL says that prior to the withdrawal of OMB's spending freeze memo, he was inclined to issue a temporary restraining order given the lack of clarity/potential for harm. Now he thinks there may need to be case-by-case legal actions as funding is blocked.
The states say the WH statements suggest the original, sweeping spending freeze is still in effect, even if the OMB memo describing it has been pulled. The harm continues, they say, so they want a restraining order.
NEW: Judge CHUTKAN is now weighing in on Trump's mass dismissal of Jan. 6 cases, saying it "cannot whitewash the blood, feces, and terror that the mob left in its wake." politico.com/news/2025/01/2…
Chutkan's comments closely followed Judge Beryl HOWELL, who lit into Trump's dismissals for stoking a "revisionist myth" about what happened on Jan. 6 and the criminal cases that followed. politico.com/news/2025/01/2…
SIDE NOTE: There are all kinds of ancillary issues cropping up w/ J6 dismissals. Judge Mehta notes that he may not be able to "dismiss" a conviction that has been finalized. Judge Bates wants to know whether he can still penalize a defendant for violations of release conditions.
HAPPENING NOW: Judge Howell is lighting into Giuliani for violating an order — that he voluntarily entered into — against further defaming Ruby Freeman and Shaye Moss.
Moments before the hearing began, Giuliani attacked Howell as "bloodthirsty." He keeps trying to speak over her
Giuliani is attacking Howell even as the hearing is underway.
GIULIANI is taking the stand as lawyers argue over the worth of his assets that are not already subject to the Moss/Freeman deposition litigation. He has been sworn in. Howell emphasizes this will be brief.
BREAKING: Cannon has blocked DOJ from releasing Smith’s report until further court proceedings
MORE: Cannon's order came wthout addressing questions about her jurisdiction (the case is pending before the 11th circuit, not her court) and in advance of a promised filing from Smith's office later tonight.
DOJ had also assured her the report wouldn't come before Jan. 10.
ALSO: The order does NOT bar Trump or his codefendants from sharing aspects of the report, even though they have spent three days reviewing it. DOJ said earlier today that Trump inappropriately shared details of the report in a court filing yesterday.
BREAKING: Donald Trump's former former codefendants in Florida, are asking Judge Cannon to block Jack Smith from publcly releasing a final report. s3.documentcloud.org/documents/2547…
MORE: Trump himself is asking Attorney General Merrick Garland to block Jack Smith form releasing a final report, claiming it would violate presidential transition laws and infringe on his constitutional immunity from criminal procedures. He wants Garland to let Bondi decide.
Trump's lawyers have reviewed Smith's "two volume report" for the past three days at the special counsel's office.