Donald Trump’s SDNY stunt “may have just flipped the Senate”

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Earlier this evening, Bill Barr’s Department of Justice announced that SDNY U.S. Attorney Geoffrey Berman had resigned. But now Berman says he has not resigned, and he’s refusing to be fired unless and until the Senate confirms a replacement. This sets up a potential legal battle in court over whether Berman can keep his job in the meantime. But it also sets up a fascinating Senate battle.

If Senate Majority Leader Mitch McConnell tries to quickly ram through the nomination of Trump’s replacement for Berman, nearly every Republican Senator will have to vote “yes” in order for that person to be confirmed (there are 52 of them, and 50 would need to vote “yes”). But some of them are very vulnerable in their reelection bids, and could be hesitant to stick their necks out even further for Trump, as his poll numbers continue to drop and their numbers drop accordingly. Then again, McConnell could force them to go along with it, because he controls the Republican Senate campaign purse strings.

Former Senator Claire McCaskill put it this way on Twitter: “Berman may have just flipped the Senate. Will Mitch risk losing the Senate by trying to force Rep Senators to confirm someone clearly being chosen to protect Rudy and Trump?” She makes a good point. This is the last thing Mitch McConnell wants to have to deal with right now, and it’s the last thing vulnerable GOP Senators want to have to vote on. This mess really could end up costing the GOP its Senate majority in November.

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