Maybe it's the holiday season, but for whatever reason, today while reading the news I had one of those moments of synchronicity, where a song just pops into your head unbidden, grabs ahold of your psyche and refuses to let go. So I thought I'd share it with everyone.

The story I read which caused this to happen was an update on one of the many federal court cases proceeding against President Donald Trump. It was filed by the attorneys general for Maryland and the District of Columbia, and it charges Trump and Trump's D.C. hotel (which he has not divested himself of financially) with violating the "emoluments clause" of the Constitution. The update reported that the judge in the case has ruled that the discovery phase will now begin, which will give the attorneys general the power to issue subpoenas to everyone involved, up to and including departments of the federal government.

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Welcome back to Friday Talking Points, after our one-week Thanksgiving break! Hope everyone had a great holiday and didn't eat too much turkey.

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The Supreme Court may be about to seriously rein in the practice of state and local governments essentially committing highway robbery. This practice is known as "asset forfeiture," and I've written extensively about it in the past. But a new court challenge could if not end then at least severely curtail the practice at the state and local level.

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Most Americans, not being political wonks, have largely moved on from the midterm election results. The mainstream media has also largely been ignoring the still-developing story, for two reasons: (1) they really kind of blew it on Election Night, uniformly coming to the wrong conclusion very early in the evening ("the blue wave is not appearing") and so they're now avoiding having to correct their misinterpretation; and (2) there's a recount in Florida again! Woo hoo! Break out the video clips of that poor myopic cross-eyed guy with the magnifying glass -- that's always fun to run, right?

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You'll have to forgive me for writing yet another column on the midterm elections, but Maine has just made a bit of electoral history, and judging from conversations I've had recently with friends, their new voting system is not yet fully understood by all. Which is a shame, because it certainly is an innovation in the way people cast their votes. The jury's still really out on whether it is a good innovation or not, but it certainly is a different way of doing the business of counting votes.

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We're over a week from Election Day, and the vote-counting still ongoing. Currently, three races are commanding the media's attention, but there are plenty of other interesting things happening out there if you look beyond just Florida and Georgia. Because while the Election Day news for Democrats was good, it has only grown better and better since then -- even if few in the media are still paying attention. Today I thought it'd be worth it to take a look at all the other late election returns, which might be classified not so much as a blue tsunami (crashing ashore quickly) but rather as a sort of blue high tide -- a slow rise over time that eventually hits a high-water mark. Because that's exactly what is happening out there.

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While most of the Washington political press continues an obsession that had little (or nothing) to do with the Democrats' midterm election successes -- merely by changing their stock question: "So, if elected, will you immediately move to impeach Trump?" to: "So, now that you've been elected, will your first act be to impeach Trump?" -- the actual journalists over at NPR took the more obvious step of just asking the incoming House Democratic leadership what they were going to do first (without any preconceived and/or obsessive assumptions). The answer they got back was ambitious, if not downright breathtaking. Their scoop has so far been mostly ignored by the rest of the inside-the-Beltway crowd, but will likely grow in importance over time.

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Our subtitle today is (appropriately) nothing short of a talking point. Democrats just won their biggest pickup in the House of Representatives since 1974, the first post-Watergate election. That's not only impressive, it's downright historic. But, for some reason, many Democrats and many pundits are concentrating solely on the downside rather than face the many ballot-box victories the Democrats just chalked up. We have no real reason why this is so, and we wonder why so many seek the dark lining to what is indisputably a very silver cloud. Democrats won, and they won big. They didn't win every race, and some rock-star candidates lost, but why dwell on it? There were so many other wins Tuesday night that more than made up for it, after all.

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Democrats are poised to start setting the political agenda in the House of Representatives, beginning in January. This agenda will consist of three different types of actions: investigating the Trump administration, doing legislative deals with Trump where possible, and creating the Democratic Party platform for the 2020 election.

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Our subtitle today is an apt summation of the Republican Party midterm campaign message, in full. That's what they're running on, led by our Snowflake-in-Chief, Donald Trump. Fear. Naked, undiluted fear. "Be afraid!" they warn their voters. "Be very afraid!"

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