NEW: As Alaska continues to count the vote, Common Cause and the League of Women Voters weigh in on DOJ's effort to revive suit seeking to block certification of the Senate results: "The legal theory advanced by the United States here is embarrassing and indefensible."

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Therefore, the Ninth Circuit should not just dismiss the appeal but should also give the DOJ lawyers "notice and an opportunity to explain why fees, double costs, and any other penalties should not be assessed" for their "sanctionable violation of professional norms."

DOJ, after trying all the way up to SCOTUS to force California to segregate and refrain from counting alleged noncitizen votes, now tells Judge David Carter, “We’re done.” DOJ’s notice of voluntary dismissal here:

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The National Capital Planning Commission approved the plan for Trump’s Memorial Arch at 10:28 pm and has notified Judge Chutkan, who has two fully briefed motions for emergency relief before her.

NEW: Some folks are focused on congressional leadership races; this ex-lawyer thinks you should get acquainted with a job you've probably never heard of: the House General Counsel. What they do, why it will matter more than ever, and who should fill the role from me @MSNOWNews:

ms.now/news/in-a-new-…

The livestream went kaput about 15 minutes ago — with 127 members of the public left to testify about Trump's arch.

A NCPC spox says they're taking a break and trying to fix it.

The commission had made today's hearing entirely virtual, given the volume of public comment.

The National Capital Planning Commission is meeting today to approve the plan for Trump's Memorial Arch--a decision at least three groups of plaintiffs are trying to block. But the livestream of that meeting is now kaput.

NEW: NYAG Tish James chooses former federal prosecutor — and sex crimes expert — Jackie Kelly to lead Cornell sexual assault investigation:

ms.now/news/ny-attorn…

A two-word introduction to House Oversight--and potentially the Epstein investigation--for the 120th Congress.

NEW: Ninth Circuit judges vote 6-5 to reinstate block of broad injunction prohibiting threats against election workers. Chief Judge Murguia dissents, noting, "the district court properly attempted to put a stop to Defendants’ efforts to intimidate election workers into abandoning lawful state election procedures through spurious threats of prosecution."

More on @MSNOWNews live blog here: ms.now/liveblog/midte…

Hi, friends. On my way to @MSNOWNews HQ, but popping in here to let you know if you don’t have cable, you can still watch us. Catch our Election Day coverage on your TV with the MS NOW Membership. Just become a Member and download the MS NOW app on your Roku, Apple TV, Samsung, Google TV or Amazon Fire TV!

No celebratory post from DOJ after the active judges of the Ninth Circuit voted to rehear the case and vacated a panel’s stay, thereby reinstating the district court’s injunction:

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NEW: Trump allies celebrate as appeals court panel lifts block on DOJ enforcement threats to election officials, but the block kicked back in hours later as the 9th Circuit sent the case to a larger group of judges
w/@kyledcheney
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NEW: At least 3 donors to Daniel J. Sullivan have been visited by the FBI in recent days, @drnoriega and I have reported for @MSNOWNews:

ms.now/news/alaska-se…

NEW: Federal appeals court again refuses to order California to segregate and refrain from counting alleged noncitizen votes:

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ROCK HILL, S.C. — A protester was just removed from President Trump’s rally.

He shouted “Virginia Giufffe,” a Jeffrey Epstein survivor.

Trump claimed it was a paid protester.

NEW: DOJ has insisted that its recent charges against Trump foes are neither rushed nor improper. But it keeps running into roadblocks. New analysis from me @MSNOWNews:
ms.now/news/news-anal…

NEW: Judge David Carter rejects DOJ’s demand for a court order forcing CA to segregate any mail ballots cast by alleged noncitizen voters, finding the state has no obligation to assume enforcement of federal criminal statutes and that the DHS databases of “likely noncitizens” registered to vote were unreliable in multiple ways. 1/

DOJ has every right to enforce the federal criminal statute prohibiting noncitizen voting, Carter notes. But “[e]roded trust in our democracy is irreparable. Once a vote is segregated, lasting harm has occurred.” 3/

He continues, “If the Executive can discount votes and threaten an ongoing election due to unproven allegations, then our democracy is in danger.
This Court declines to be a party to such process.” FIN.