July 23, 2019

Article II of the United States Constitution bestows executive power on the office of the presidency. For example, the article establishes the president as the commander-in-chief of the military and grants the office the power of pardons. But it's also sandwiched between Articles I and III, which are the foundations for the powers of the legislative and judiciary branches. You know, the whole checks and balances thing. It's unclear, however, if President Trump understands this.

During a speech at Turning Point USA's Teen Action Summit, Trump played his usual hits. But while railing against the Democrats for their "witch hunt" into 2016 Russian election interference and alleged obstruction of justice, Trump mentioned that he has "an Article II," which would allow him to do whatever he pleases.

But rest assured, he said he doesn't "even talk about that."

Trump has, in fact, talked about it on more than one occasion, often in the context of Special Counsel Robert Mueller's investigation.

It appears that Trump usually brings up Article II when he's arguing that he could have fired Mueller and didn't. As The Washington Post's Aaron Blake pointed out, Trump might not actually think he has wide-reaching, unchecked powers as president — just that he could have put an end to the investigation. Whatever he believes, he's managed to get everyone talking about it. Tim O'Donnell

10:50 a.m.

The price was not right.

In their New York City mayoral endorsement interviews, published Monday by The New York Times, Democratic candidates Shaun Donovan and Ray McGuire dramatically underestimated the cost of homes in the city.

When asked the median sales price for a house or apartment in Brooklyn, McGuire, a former Citigroup vice chairman and Wall Street executive responded, "It's got to be somewhere in the $80,000 to $90,000 range, if not higher." The correct answer was $900,000.

When asked the same question, Donovan, former housing commissioner under New York City Mayor Michael Bloomberg, answered, "I would guess it is around $100,000." He later emailed to clarify his response as referring to the "assessed value" of homes in Brooklyn, not their price.

Of the eight candidates interviewed, the only one to answer correctly was former presidential candidate Andrew Yang, although Scott Stringer and Kathryn Garcia came close. Maya Wiley overestimated, responding with $1.8 million.

The Times later officially endorsed Garcia. The New York City mayoral primary will be held on June 22nd. Brigid Kennedy

9:59 a.m.

The Centers for Disease Control and Prevention's official stance is that "less than 10 percent" of COVID-19 transmission has occurred outdoors, but The New York Times' David Leonhardt wrote Tuesday that that's like saying "sharks attack fewer than 20,000 swimmers a year." Sharks actually only attack around 150 people a year, so the 20,000 number is "both true and deceiving," which appears to be the case with the CDC's outdoor transmission assessment.

In reality, multiple epidemiologists told Leonhardt the actual figure is probably less than 1 percent, and may even be below 0.1 percent. The 10 percent benchmark "seems to be a huge exaggeration," said Dr. Muge Cevik, a virologist at the University of St. Andrew's.

The CDC reportedly reached that number based on research that defined any place that was a mix of indoors and outdoors as the latter. For instance, the bulk of cases tied to outdoor transmission in multiple studies occurred at construction sites in Singapore, which the Times reports were not solely outdoor settings, leaving open the possibility that transmission really occurred indoors. But even if all of the Singapore cases did occur outside, they still only made up less than 1 percent of total cases.

Increasing the risk by tenfold or more is an issue, Leonardt argues, not because it's bad math, but because it's "an example of how the agency is struggling to communicate effectively, and leaving many people confused about what's truly risky." Read more at The New York Times. Tim O'Donnell

9:40 a.m.

California gubernatorial candidate Caitlyn Jenner has revealed she sat out the 2020 election and headed to the golf course instead.

Jenner, the former reality TV star and athlete who's running to oust California Gov. Gavin Newsom (D) in a recall election, told CNN she "didn't even vote" last year. Jenner is a Republican, and she said that "out here in California," a blue state, voting for a Republican president is "not gonna work."

Asked if she voted down-ticket, though, Jenner said she skipped that as well.

"It was voting day and I thought, the only thing out here in California that I worry about, which affects people, is the propositions that were out there," Jenner said. "And I didn't see any propositions that I really had one side or the other. And so it was Election Day and I just couldn't get excited about it. And I just wound up going to play golf, and I said, 'Eh, I'm not doing that.'"

Politico previously reported that Jenner "did not cast ballots in nearly two-thirds of the elections in which she was eligible to vote since 2000," and although she expressed support for former President Donald Trump as a candidate in 2016, she "never cast a ballot in the 2016 elections."

Asked by CNN's Dana Bash how she can get voters "excited" to get out and vote for her, then, Jenner responded, "Because I'm cute and adorable?" Brendan Morrow

8:48 a.m.

House Minority Leader Kevin McCarthy (R-Calif.) informed his GOP colleagues on Monday that they should "anticipate a vote" on ousting Rep. Liz Cheney (R-Wyo.) as GOP Conference chair on Wednesday. The push to dump Cheney as the No. 3 House Republican stems from her open sparring with former President Donald Trump and refusal to abide his lie that he actually won the 2020 election.

"We are a big tent party," McCarthy told his colleagues. "And unlike the left, we embrace free thought and debate." He added that he has "endeavored" to lead the House Republicans by "putting the interests of our members ahead of my own." The thing to remember, Politico's Playbook team noted Tuesday, is "that this is about one man's ambitions," and some House Republicans are now "privately griping" about how McCarthy "has fed a colleague to the MAGA wolves in his quest to become speaker."

"McCarthy has made a gamble that he needs Donald Trump on his side to win the speakership, and his decision to turn on Cheney is winning him at least some favor with the former president," though Trump "is still lukewarm on McCarthy, we're told, and loyalty with Trump often runs only one way," Politico reports. The behind-the-scenes "backlash" against McCarthy over this situation isn't just coming "from Adam Kinzinger types."

One House Republican seen as an ally of leadership told Politico Monday night he may now oppose McCarthy for speaker should Republicans flip the House. "Kevin McCarthy has pissed off enough members of his own conference" that "I'd be worried if I was him," the Republican said. "You have people like me" who are "disgusted with the internal squabbling that results from having weak leadership. And it is weak leadership. Straight up."

A senior GOP aide to a conservative House member said McCarthy has "flip-flopped" on whether the Jan. 6 Capitol siege was "Trump's fault, it's not Trump's fault," adding, "It seems like he doesn't have the backbone to lead." You can read about why other House Republicans are upset with McCarthy over the Cheney situation at Politico. Peter Weber

8:40 a.m.

Federal investigators are reportedly pushing for cooperation from two key witnesses in the probe of Rep. Matt Gaetz (R-Fla.), including his ex-girlfriend.

Investigators are seeking cooperation from an ex-girlfriend of Gaetz who was formerly an intern on Capitol Hill, and they could also "soon gain the formal cooperation" of former Florida county tax collector Joel Greenberg, CNN reported on Tuesday. It had previously been reported that Greenberg was cooperating with investigators since last year, and according to CNN, a deadline for him to reach a plea agreement is coming this week. Greenberg has been charged with sex trafficking of a minor, stalking, and bribery.

Gaetz has been facing an investigation over whether he had sex with a 17-year-old girl and violated federal sex trafficking laws. He has denied any wrongdoing. The former girlfriend investigators are seeking cooperation from reportedly joined the Florida lawmaker on a 2018 trip to the Bahamas that has become a focus of the investigation, and she was "involved in some of the financial transactions that the FBI has obtained" and is "believed to have knowledge of drug use and arrangements with women," CNN writes.

Investigators are almost finished collecting evidence in the probe, CNN also reports, but it's expected to take "some time" for the Justice Department to determine whether there's enough evidence to support an indictment. Read more at CNN. Brendan Morrow

6:22 a.m.

Russian officials say a 19-year-old gunman attacked a school in the city of Kazan on Tuesday morning, leaving at least seven eighth graders and one teacher dead, and 21 other victims hospitalized, some with critical injuries. "The terrorist has been arrested," said Rustam Minnikhanov, president of the Tatarstan republic, where Kazan is the capital. "A firearm is registered in his name. Other accomplices haven't been established, an investigation is underway."

Minnikhanov called the mass shooting a "tragedy" and Russian President Vladimir Putin said he would review the country's gun laws. "While school shootings are relatively rare in Russia, there have been several violent attacks on schools in recent years, mostly carried out by students," The Associated Press reports. Peter Weber

5:36 a.m.

There's a "scandal in horse racing," after "Medina Spirit, the horse that won last weekend's Kentucky Derby, tested positive for steroids after the race," Jimmy Fallon said on Monday's Tonight Show. "I think the real giveaway was when he ran the race on two legs." Even worse for the horse, "a photo just surfaced of him partying with Jeffrey Epstein," he joked. "Even former President Trump weighed in. He released a statement, writing, 'So now even our Kentucky Derby winner, Medina Spirit, is a junky.'"

Late Night's Seth Meyers found Trump calling a horse a "junky" legitimately hilarious.

"I still can't believe this guy was president," Trevor Noah laughed at The Daily Show. "This man is a legend. What other ex-president spends their time roasting horses? It is weird, though, to put this on the horse, right? I mean, it's not like the horse wants to take drugs — or train all day or race around a track getting slapped on the ass." Still, if given a choice, "the horse would definitely take the drugs," he explained, pointing to the alternative: glue.

Honestly, if "our Kentucky-fried former president" is "gonna start picking fights with horses, we should let him back on Twitter, because I want to see that," Jimmy Kimmel said on Kimmel Live. The horse's trainer, Bob Baffert, claims he doesn't know how the steroids got inside his horse, but he's sure it's the fault of "cancel culture," he laughed. "It's horse racism, is what it is!"

"Baffert came out strong and denied that the horse had ever been treated with the drug — and the horse claimed it was just holding it for a friend," Stephen Colbert joked on The Late Show. But Baffert's right, he deadpanned, "this is an injustice to the inbred creature he forces to run in a circle while being whipped for the pleasure of drunk humans screaming 'Go faster, go faster, or Brenda will leave me this time!' Baffert then got up on his extremely high and expensive horse and pointed the finger at the true culprit, wokeness."

"That's right, he's blaming 'cancel culture,'" Conan O'Brien said on Conan. "We thought, we have to get to the bottom of this, so we decided to talk with the horse's trainer himself," a fake Baffert with real zingers.

The Late Show, meanwhile, interviewed the juiced-up horse. Peter Weber

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