A look at the week ahead in politics.

We preview the Alabama, Mississippi, and New Mexico primaries and wonder if the Alabama ads are the most provocative we've seen this cycle.

Also: Netanyahu heads to the White House on Monday, Michelle Obama is in Nevada with Harry Reid, the Blagojevich trial starts, Congress is off ... and a special screening of those Alabama ads.

Click here for full video.

Visit msnbc.com for breaking news, world news, and news about the economy

From NBC's Mark Murray
And right on cue, Sestak just issued a statement confirming what the White House had released.

Last summer, I received a phone call from President Clinton. During the course of the conversation, he expressed concern over my prospects if I were to enter the Democratic primary for U.S. Senate and the value of having me stay in the House of Representatives because of my military background. He said that White House Chief of Staff Rahm Emanuel had spoken with him about my being on a Presidential Board while remaining in the House of Representatives. I said no. I told President Clinton that my only consideration in getting into the Senate race or not was whether it was the right thing to do for Pennsylvania working families and not any offer. The former President said he knew I'd say that, and the conversation moved on to other subjects.

There are many important challenges facing Pennsylvania and the rest of the country. I intend to remain focused on those issues and continue my fight on behalf of working families.

From NBC's Mark Murray
Now that the White House has said that Bill Clinton, acting as an intermediary, offered Joe Sestak an unpaid advisory post if he kept his House seat and didn't challenge Arlen Specter, the question has turned to: Why didn't the White House just say this earlier?

The same question could be asked of Sestak.

The congressman first revealed he was offered a job to stay out of the primary in Feb. 2010, when Larry Kane, host of a Comcast Network public-affairs show, asked him that question.

"Were you ever offered a federal job to get out of this race?" Kane asked.

"Yes," Sestak answered.

"Was it Navy secretary?" Kane asked.

"No comment," Sestak replied.

Since then, Sestak has repeatedly declined to answer further questions about this or set the record straight. "I'm not going to say who or how and what was offered," Sestak told the Philadelphia Inquirer later in February. "I don't feel it's appropriate."

And here was his exchange with NBC's David Gregory last Sunday on "Meet the Press":

MR. GREGORY: Yes or no, straightforward question.  Were you, were you offered a job, and what was the job?

REP. SESTAK: I was offered a job, and I answered that.

MR. GREGORY: You said no, you wouldn't take the job. Was it the secretary of the Navy?

REP. SESTAK: Right. And I also said, "Look, I'm getting into this...

MR. GREGORY: Was it the secretary of the Navy job?

REP. SESTAK:  Anything that go--goes beyond that is others--for others to talk about.

From NBC's Mark Murray
White House Counsel Robert Bauer this morning released a two-page letter asserting that the White House -- through former President Bill Clinton as an intermediary -- inquired whether Rep. Joe Sestak would be interested in an uncompensated position on a presidential or executive-branch advisory board to avoid a primary challenge against Sen. Arlen Specter.

But Bauer concluded that the White House did nothing improper or illegal.

From Bauer's letter:

Efforts were made in June and July 2009 to determine whether Congressman Sestak would be interested in service on a Presidential or other Senior Executive Branch Advisory Board, which would avoid a divisive primary, allow him to retain his seat in the House, and provide him with an opportunity for additional service to the public in a high-level advisory capacity for which he was highly qualified. The advisory positions discussed with Congressman Sestak, while important to the work of the Administration, would have been uncompensated.

"White House staff did not discuss these options with Congressman Sestak. The White House Chief of Staff enlisted the support for former President Clinton who agreed to raise with Congressman Sestak options of service on a Presidential or other Senior Executive Branch Advisory Board. Congressman Sestak declined the suggested alternatives, remaining committed to his Senate candidacy.

Bauer concludes:

It has been suggested that discussions of alternatives to the Senate campaign were improperly raised with the Congressman. There was no such impropriety. The Democratic Party leadership had a legitimate interest in averting a divisive primary fight and a similarly legitimate concern about the Congressman vacating his seat in the House... There have been numerous, reported instances in the past when prior Administrations -- both Democratic and Republican, and motivated by the same goals -- discussed alternative paths to service for qualified individuals also considering campaigns for public office. Such discussions are fully consistent with the relevant law and ethical requirements.

From NBC's Chuck Todd
Regarding Joe Sestak's allegation that the White House offered him a job in order to keep him from challenging Arlen Specter, First Read can now confirm what had been whispered over the past couple of weeks: that Bill Clinton was the person who talked to Sestak. This occurred last summer.

At the suggestion of White House Chief of Staff Rahm Emanuel, Clinton was dispatched to find out what Sestak wanted... Nobody at the White House knows for sure what Clinton said to Sestak or what Sestak heard.

One source speculates what Clinton "offered" and what Sestak heard could be interpreted different ways. And that explains the White House's decision to not weigh in because, ultimately, it didn't know what the exact conversation between Sestak and Clinton was.

Here's an additional nugget: Ironically, the day Specter switched parties, other senior Democratic Party officials were scheduled that day to begin a full-court press to lure Sestak into running.

*** UPDATE *** Plum Line's Greg Sargent was the first to report Clinton as the go-between. He writes, "The White House maintains that Clinton's overtures to Sestak merely constituted an effort to gauge his seriousness about the race, the sources say, adding that Clinton was informally discussing the range of options open to Sestak as part of a larger conversation meant to ascertain Sestak's thinking."

Yesterday's press conference was Part One of Obama's P.R. offensive (or defensive). Today's visit to Louisiana is Part Two… The president makes a statement at 1:30 pm ET… The light bulb for Obama finally turned on at the end of yesterday's presser… Obama says the White House's response to the Sestak issue is coming soon… House repeals "Don't Ask, Don't Tell" and Senate Armed Services Committee follows suit… McCain's border victory… First Read's Top 10 issues… And Bill Clinton stumps for Blanche Lincoln in Arkansas at 1:30 pm ET.

From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
*** P.R. offensive, part 2: Yesterday's White House press conference was the first part of President Obama's P.R. offensive (or defensive) regarding his administration's handling of the oil spill. Today -- with his visit to Louisiana and his statement at 1:30 pm ET -- comes the second part. In yesterday's presser, Obama rejected any suggestion his administration hasn't done enough to fight the growing disaster in the Gulf ("The American people should know that from the moment this disaster began, the federal government has been in charge of the response effort"). But he also acknowledged shortcomings ("Are we doing everything perfectly out there? Then the answer is absolutely not. We can always do better"). And he refused to acknowledge the Katrina comparisons ("I'm confident people are going to look back and say this administration was on top of what was an unprecedented crisis").

*** The light bulb finally turns on: But it was only at the end of the press conference that Obama moved from often bureaucratic-sounding answers to a more passionate and personal response; it was as if a light bulb had turned on in his head. He acknowledged the frustrations about the spill by telling an anecdote involving his daughter Malia. "I'm shaving and Malia knocks on my bathroom door, and she peeks in her head and she says, 'Did you plug the hole yet, Daddy?'"  And at the end, he made it absolutely clear he was in charge and taking responsibility. "It is my job to make sure that everything is done to shut this down. That doesn't mean it's going to be easy. It doesn't mean it's going to happen right away or the way I'd like it to happen. It doesn't mean that we're not going to make mistakes. But there shouldn't be any confusion here: The federal government is fully engaged, and I'm fully engaged." The shift we saw from Obama is the president's ongoing cerebral-vs.-gut tension.

*** Handcuffed: The reality is that the White House does feel handcuffed by this 1990 oil spill law, and one wonders if there is going to be an effort to change it. The president himself suggested a path yesterday where the oil companies might end up funding a government agency (think FDIC?) in order to make sure the GOVERNMENT can call the shots and be involved more directly in future disasters.

*** On Sestak: The other news that President Obama made yesterday is that his administration will be issuing a response very soon to the allegation that the White House offered Joe Sestak a job to keep him from challenging Arlen Specter. "I can assure the public that nothing improper took place," he said. First Read later learned that the White House counsel's office is preparing this report, and it will be released in the next few days. Indeed, this sort of reminds us of the report that the White House had to release about its contacts with then-Gov. Rod Blagojevich (D) over the charges that Blagojevich tried to sell Obama's old Senate seat. With the White House expected to release this report, however, we've got to ask: Why isn't there more pressure on Sestak -- the person who originally said he was offered a job -- to explain his side of things? Sestak isn't doing Team Obama any favors by telling reporters yesterday that the White House reached out to his brother in the last week.

*** On repealing DADT: On Capitol Hill last night, the House -- by a 234-194 vote -- passed an amendment to the annual Pentagon policy bill that repealed "Don't Ask, Don't Tell." The amendment was a compromise under which the repeal won't occur until after a Pentagon review is completed by Dec. 1, and after it is determined that the change won't be disruptive to the military. The Senate Armed Services Committee -- by a 16-12 vote -- approved a similar amendment. Obama released a statement last night saying: "I am pleased that both the House of Representatives and the Senate Armed Services Committee took important bipartisan steps toward repeal… This legislation will help make our Armed Forces even stronger and more inclusive by allowing gay and lesbian soldiers to serve honestly and with integrity." By the way, there's a chance the president might have to veto entire bill if Congress defies Defense Secretary Gates' recommendation on a few key Defense contract cuts.

*** McCain's border victory: One vocal opponent of the DADT repeal, John McCain, won a victory after the Senate Armed Services Committee adopted an amendment to send 6,000 National Guard troops to the U.S. border. "Deploying the National Guard is essential to securing our U.S.-Mexico border," he said in a statement. "Families living in Arizona should not suffer from the daily threats caused by illegal immigration, drug trafficking, and human smuggling. It is the Federal government's obligation to protect all Americans by securing the borders, and deploying 6,000 National Guard is a critical first step."

*** First Read's Top 10 Issues: If it's Friday, it means another First Read Top 10 list. Today, we take a look at what we consider to be the Top 10 issues of this midterm cycle. The number in parentheses is our ranking from last month.
1. Washington (1): As reflected by this month's losses by Bob Bennett, Alan Mollahan, and Arlen Specter, this isn't a good time to be an incumbent. Running against Washington is perhaps the most powerful political message out there.
2. Establishment vs. anti-establishment (7): As Trey Grayson found out in his primary against Rand Paul, it's also not a good environment to be considered the establishment-backed candidate. A warning to Dino Rossi in Washington state?
3. Economy/jobs (2): This remains the overarching macro-political issue, but we're seeing more candidates run against Washington and the establishment than on the economy.
4. TARP/Wall Street bailouts (4): Want to know why Republican South Carolina gubernatorial candidate is airing a minute-long TV ad justifying his TARP vote? Because there's hardly a more toxic word in the political lexicon than "bailout."
5. Immigration (10): Last month, we said this could be a sleeper issue, and it now it's wide awake after the passage of the Arizona law, especially in GOP primaries. John McCain, Meg Whitman, Steve Poizner, and even Tim James are running provocative TV ads on immigration or English-only laws.
6. Barack Obama (6): The president is still an issue in GOP primaries -- remember Rubio's TV ad hitting Crist on the Obama hug? -- but his approval rating holds steady around 50%. Perhaps the bigger question is whether the president can mobilize his base for the midterms.
7. Health care (4): Remember when this was the only issue people were talking about? It still remains a potent topic, but not the same way it was two months ago. 8. Competence (9): Last month, we listed this issue because candidates were touting their competence -- in government or business -- and questioning their opponents'. But this issue now takes on added weight with the Gulf oil spill.
9. Ethics (unranked): This is a sleeper issue, although the ethical allegations/revelations surrounding Rangel, Massa, Deal, and Souder have constructed a ready-made narrative. And as we learned in the 2006 cycle, ethics can play a big story in the battle for Congress.
10. National Security (8): Despite fighting two wars, having two failed terrorist attacks, and witnessing a tense situation in North Korea, national security ranks at the bottom of our list. We've come a long way since 2001-2007.

*** More midterm news: In Arkansas, Bill Clinton appears at a rally for Blanche Lincoln at 1:30 pm ET in downtown Little Rock.

Countdown to CA, IA, ME, NJ, ND, SC, SD, and VA primaries, and AR run-off: 11 days:
Countdown to Election Day 2010: 158 days

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There are lots of unwelcoming headlines for President Obama as he heads to Louisiana on the front page of the New Orleans Times-Picayune: "Louisiana needs its share of offshore oil revenue now, Mr. President"; "Jury still out on top kill as spill surpasses Valdez"; "Local officials struggle with what they say is an unwieldy command structure"; "Obama suspends drilling at 33 wells"; "Sand berm approved as oil barrier."

And inside the paper, another editorial: "Federal response to oil spill should be more nimble." From the article: "President Barack Obama will find a region clamoring for more effective government action when he arrives in Louisiana today. President Obama's presence here is reassuring. But Louisianians also hope his visit will help refocus government efforts to speed up the cleanup and to better protect our coast. It's urgent for the government response to become more nimble. As oil began soiling our marshes in recent weeks, local and state officials complained of delays in getting the Coast Guard and BP to deploy protective measures and cleanup crews."

The New York Times' analysis of yesterday's press conference: "President Obama uttered three words on Thursday that many of his 43 predecessors twisted themselves into knots trying with varying degrees of success to avoid: 'I was wrong.'… He was wrong, he said, to assume that oil companies were prepared for the worst as he tried to expand offshore drilling. His team did not move with 'sufficient urgency' to reform regulation of the industry. In dealing with BP, his administration "should have pushed them sooner" to provide images of the leak, and "it took too long for us" to measure the size of the spill."

More: "The mix of resolve and regret served to erect a political berm that advisers hope may contain the damage from a five-week-old crisis that has challenged Mr. Obama's presidency. Amid deep public frustration and criticism from both sides of the political aisle, the president sought to assert leadership in response to a slow-motion disaster emanating from a mile beneath the sea."

The Washington Post's Tumulty writes, "A defensive President Obama sought Thursday to quell doubts about his handling of the Gulf of Mexico oil spill, insisting that his administration has been "in charge" from the moment it began and bristling that critics who accuse it of being sluggish to react 'don't know the facts.'"

"But at times during a 63-minute news conference in the East Room of the White House, the president seemed to undercut his own argument. He enumerated a litany of fumbles and lapses: that the government lacks resources and 'superior technology' to respond to the disaster; that he personally had assumed oil companies 'had their act together when it came to worst-case scenarios'; that his administration 'fell short' with its acceptance of BP's inaccurate estimate of the size of the gusher; that reforms of the corruption-plagued government agency that oversees offshore drilling 'weren't happening fast enough.'" 

Politico's take: "On Thursday, President Barack Obama's damage control message was, I'm in control. The president -- so stern he didn't crack a smile for the entire 63-minute East Room news conference -- met the press to dispel the notion that he was disengaged, distracted and willing to let BP take the reins on the Gulf oil spill." 

Howard Fineman wonders if Obama's handling of the oil spill is "too cool." His argument: "No one expects Obama to be a Clinton-like master of syrupy empathy. No one wants him to be a Bush-like bull-horned cheerleader. But voters expect him to convince them that he cares, that he's focused, and that he can somehow put himself in the shoes of an average American." 

The New York Post's cover: "'Did you plug the hole yet, daddy?'"

The New York Daily News: "Oil vey."

The Boston Globe's front-page headline: "Gulf leak tops Valdez as nation's worst spill." 

Per the AP, "President Barack Obama says 'nothing improper' happened in the case of a Pennsylvania lawmaker who claims the administration offered him a job to drop his primary challenge against Sen. Arlen Specter. At a news conference Thursday, Obama said his administration would provide a full accounting shortly but declined to elaborate. Rep. Joe Sestak had said earlier this year that he was offered a job if he abandoned his Senate bid. Republicans and some Democrats have called for an explanation from the White House." 

The Washington Post notes that President Obama speaking on Memorial Day at the Abraham Lincoln National Cemetery in Illinois -- instead of Arlington National Cemetery outside DC -- has irked some veterans. But: "Obama is not the first president to miss the Arlington ceremony. Ronald Reagan spoke at West Point one year, and went to his California ranch another year. George H.W. Bush, a war veteran, did not go at all. Bill Clinton, who did not serve in Vietnam and had a rocky time with the military, went to Arlington all eight years, and George W. Bush, who also avoided combat service in Vietnam, attended from 2003 onward."

By a 234-194 vote last night, the House of Representatives repealed the military's controversial "Don't Ask, Don't Tell" policy. The New York Times: "It was adopted as an amendment to the annual Pentagon policy bill, which the House is expected to vote on Friday. The repeal would be allowed 60 days after a Pentagon report is completed on the ramifications of allowing openly gay service members, and military leaders certify that it would not be disruptive. The report is due by Dec. 1."    

The Senate Armed Service Committee, by a 16-12, approved a similar amendment repealing DADT.

President Obama released this statement last night: "I am pleased that both the House of Representatives and the Senate Armed Services Committee took important bipartisan steps toward repeal tonight… Our military is made up of the best and bravest men and women in our nation, and my greatest honor is leading them as Commander-in-Chief. This legislation will help make our Armed Forces even stronger and more inclusive by allowing gay and lesbian soldiers to serve honestly and with integrity."

"The votes," the Washington Post says, "came after fierce debates on both sides of the Capitol. 'We're saying, "We're shoving this down your throat, we don't care,"' said Rep. Louie Gohmert (R-Tex.), arguing that Congress should have waited to hear from the military before taking action. He added, 'The military is not a social experiment.'"

"But Rep. Barney Frank (D-Mass.), one of the few openly gay members of Congress, blasted defenders of 'don't ask, don't tell' and said that such restrictions don't exist in other militaries. 'Those who tell me that the presence of gay and lesbian members of the military undermine the effectiveness of a fighting force and undermine unit cohesion must have never heard of Israel,' he said." 

"House Minority Leader John Boehner said Thursday his decision to ask former Rep. Mark Souder to resign is an example of his philosophy that Members must be held to a high standard of ethical behavior and can be punished even without breaking a law or House rule," Roll Call writes. "The Ohio Republican told Roll Call that he has spoken to several Members over the last year and a half who, he believed, had done something or came close to doing something unethical."

Here's a good use of time... "House Republican leaders introduced a bill Thursday to repeal and replace the sweeping healthcare law adopted in late March. According to Rep. Roy Blunt (R-Mo.), the measure would repeal the current law and replace it with the alternative the minority party offered to the original healthcare legislation last November."

"Sarah Palin's next-door neighbor sought out author Joe McGinniss as a tenant, McGinniss's son said," Politico's Ben Smith reports. "'A woman was renting her house and sought out the author because the Palins had crossed her (owed her money for renovations she had done at their request and never paid her for). So she knew McGinniss was writing the book and found him and offered him the house.'"

More: "The neighbor 'turned down more lucrative offers from the National Enquirer who wanted the house so they could 'stalk' and take pictures, etc... She said no,' he wrote. McGinniss, Jr. wrote that Palin is 'inspiring a lot of hate in people, appealing to so many of people's worst instincts. Sad and scary.'" 

The DNC is needling House Republicans' "YouCut" and "America Speaking Out" initiatives. Emails DNC spokesman Hari Sevugan: "If YouCut is a sincere effort to protect taxpayer dollars and not just another Republican PR gimmick, we can think of no better way than to support the de-funding of 'America Speaking Out,' which not only runs afoul of ethics rules by using taxpayer money for partisan political purposes, but whose stated purpose of providing a legislative governing platform is proven a farce by the fact that it will only be produced a few weeks  before the end of two year legislative term."

ALABAMA: Ahead of Tuesday's primaries, the AP dives into the AL-5 GOP primary with party-switcher Parker Griffith: "You would think U.S. Rep. Parker Griffith's decision to switch to the Republican Party would endear him with the GOP. Instead, he finds himself in a three-way primary, being branded a 'flip-flopper,' and continues to battle lingering hard feelings over his win two years ago that left the coveted seat in Democratic control."

CALIFORNIA: California Republican Meg Whitman, the former boss of eBay, wanted to make it clear this week that she's not playing hot-button politics with the divisive issue of immigration in her gubernatorial primary battle against Steve Poizner. 'You haven't seen an ad from me with the border fence,' Whitman told Politico. 'That has been Steve's campaign. My campaign has been around jobs and spending and education.' Actually, the reporter reminded Whitman, her campaign ads do feature a shot of the fence -- a potent image used by lots of Republican ads this year to show they are ready to crack down on illegal immigrants. 'I don't think so,' Whitman replied. It fell to the candidate's press secretary to settle the dispute, correcting the boss and confirming the fence image."

FLORIDA: The St. Pete Times: "In an apparent nod to Democrats, Gov. Charlie Crist said Thursday he would support repealing the policy that bars openly gay people from serving in the military -- reversing what he told reporters three days ago."

The St. Pete Times also reports on a poll conducted for a Libertarian Party candidate that shows Crist with a big lead: 40%-32% over Marco Rubio; Kendrick Meek gets less than 10%.

IOWA: "The campaign of Republican gubernatorial candidate Bob Vander Plaats released a second television ad today, noting the Sioux City businessman is the only candidate in the race to favor Arizona's strict anti-illegal immigration issue," according to a campaign release.

MAINE: "Just two weeks before Maine's gubernatorial primaries, neither party has a clear front-runner.Just two weeks before Maine's gubernatorial primaries, neither party has a clear front-runner," the Portland Press Herald writes. "According to a recently released Critical Insights poll, 30 percent of registered voters could name [Republican Les] Otten as a candidate, with the next Republican being Peter Mills at 16 percent. [Democrat Elizabeth] Mitchell was at 16 percent, with the next Democrat being Steve Rowe at 11 percent."

NEVADA: Noting a weak GOP field, Republican Senate candidate John Chachas, a banker, said, "Republicans could very well snatch defeat from the jaws of victory in the case of Harry Reid." AP calls it "an ominous warning for Republicans."

From NBC's Chuck Todd
To follow up on the president's promise to release an "official response" into the matter of whether Joe Sestak was offered a job by the White House to keep him from challenging Arlen Specter, sources say the "official response" is a reference to an official report currently being prepared by the White House counsel's office.

The report will be released in the next few days. All parties are cooperating with this report, including Sestak.

*** CLARIFICATION *** This report, as we understand it, will NOT speak to Sestak's version of events. It will detail only the White House's interaction.

From msnbc.com's Carrie Dann
President Obama today said that his administration will "shortly" release an official response to allegations that the White House offered Rep. Joe Sestak a job in exchange for not challenging Sen. Arlen Specter in the Pennsylvania Democratic primary. "I can assure the public that nothing improper took place," Obama said.

Sestak first publicly made the claim last February, but he has refused to elaborate on whom in the administration he spoke to, or what particular job was discussed.  

With details of the alleged exchange still unknown, a prevailing question remains about the issue that some Republicans hope to cast as a ruinous scandal for the White House: Could an actual crime have been committed?

GOP Rep. Darrell Issa, the ranking member of the House's government watchdog committee and one of the earliest and loudest critics of the alleged offer, has cited three federal laws that may have been violated by an offer of employment to Sestak by a representative of the White House -- all of which are misdemeanors. One prohibits "solicit[ing] or receiv[ing] any thing of value" in exchange for an appointment to a public office. Another law bans any administrative employee of the federal government from "using his official authority for the purpose of interfering with or affecting" an election.

A third law -- one cited by Senate Judiciary Committee Republicans in a letter yesterday urging Attorney General Eric Holder to appoint a special prosecutor to investigate the case –- makes it illegal to promise an employment position "as consideration, favor, or reward for any political activity."

In legalese, such terms could be difficult to define. Would Sestak's decision not to run have qualified as "political activity"? What constitutes a "thing of value"? Could the statute be interpreted in a way that could criminalize even fairly routine actions, like an administration official's granting of a tropical ambassadorship to a reliable former fundraiser, or a congressman's endorsement of a Senate candidate based upon the promise of legislative collaboration?

Legal experts say that such ambiguity would make a case very difficult to prosecute, no matter what the particulars of the Sestak matter may have been.

Rick Hasen, the author of Election Law Blog and a professor at Loyola Law School in Los Angeles, points out that the law appears to be so broad that it could apply to anyone who works on a federal campaign, and ends up with a job working for the victorious candidate. 

"If an interpretation of a statute would seem to render politics as usual to be illegal, then the courts could well say that this is not what the statute means," Hasen said.

"As a general matter, this kind of situation is viewed as politics as usual," added Professor Daniel Lowenstein of UCLA Law School. "It's just not the kind of the thing that is usually dealt with in a criminal prosecution."

Melanie Sloan, the executive director of watchdog group Citizens for Responsibility and Ethics in Washington, said that criminal allegations in the Sestak case are "ludicrous." She points out that there has never been a prosecution under the 1972 law cited by the Senate Judiciary Committee Republicans. "There's no definition of 'political activity' within the law," she said. "It's really not a very well-written statute."

Debate over vague wording of a law is not unprecedented in a campaign bribery case. In 1986, a Superior Court judge dismissed bribery charges against Rep. Bobbi Fiedler, a candidate in the California GOP Senate primary. Fiedler and an aide were indicted on charges that they offered primary opponent state Sen. Ed Davis $100,000 to drop out of the race. But California Judge Robert Altman ruled a month later that the state election law under which Fiedler had been charged was too vague about what kind of conduct it prohibited.

"On the face of it, it seems to address things most people would think were wrong. But it also could be applied to conduct that no one would want it to apply to," Altman said at the time.

From NBC's Domenico Montanaro
Ron Paul, father not only of Senate candidate Rand Paul (R-KY) but also of Ron Paul Nation, leaps to his son's defense in an e-mail fundraising solicitation.

Paul, who was dismissed by the establishment during his 2008 White House bid, showed a prowess for raising money. And he's trying to go back to the well for Rand.

His full e-mail after the jump...

Congressman Ron Paul

Dear Friend,

It sure didn't take long for the entire establishment to attack my son Rand in the days after he won the Kentucky Senate primary.

As I left Kentucky last week, I was both happy for Rand and anxious for what I knew would be coming at him soon. But it came sooner than even I feared.

A mainstream media network has gone into all-out warfare against Rand, beginning with a full 24 hours of repeating outright lies by Rand's Democrat opponent.

It's funny. Rand's opponent's ideas are anti-freedom. They're pro Big Government. They're pro-welfare state, and will stand lock-step with the Obama agenda. And if they are the issue, he can't beat Rand in Kentucky. So he's trying to make sure this race is on a different playing field.

Rand needs to fight back. Some of it will be now, some will be in the coming months. But he needs your help to do it.

I know it seems like he won his primary by a lot, and it certainly was a great achievement. But having done this many times before, I urged him to take nothing for granted, and to run like he was 10 points behind. He did just that, and it was an amazing victory to watch! I was very proud of him and his team.

And thanks to you, he had the funds to do everything he needed to do. But he wisely used those funds in the primary, and has only a small amount left in his campaign treasury as we begin the general election.

And now he's under all-out attack.

I hope you'll help him out the way you did in the primary. We can't count on others to help. Sure, he'll have a few more friends now. But we need that to be in ADDITION to what our movement can give him. We can't rest now, this is one of the biggest opportunities for a liberty minded candidate in a long time.

Please consider helping Rand today, and as often as you can throughout the general election. He's going to need to raise three of four times what he raised in the primary to compete with the national special interests that will pour money into Kentucky to stop him.

These early attacks prove one thing for sure: The establishment and the powers that be in Washington are scared to death of a Senator Rand Paul. And they should be.

Now let's start helping him get there to shake up the Senate!

Please donate today at www.RandPaul2010.com.

In Liberty,
Ron Paul

From NBC's Ken Strickland
A vote on an amendment by Sen. John McCain to add 6,000 National Guard troops along to Mexican border failed on the Senate floor.

It needed 60 votes to overcome a budget procedural hurdle, but only got 51.

Yesterday, the Obama administration announced it was hoping to deploy 1200 troops to the same area.

From NBC's Ken Strickland
The Senate Armed Services Committee will vote on an amendment to repeal "Don't Ask, Don't Tell" in a closed session today. It appears supporters of repealing the ban on gays and lesbians serving opening in the military have the votes to prevail.

A spokesman for Sen. Joe Lieberman (I-CT), an amendment's primary sponsor, said late yesterday, "We are increasingly confident about the Lieberman compromise and that this could very well be a historic week in the United States Congress."

(The full House could vote on the same measure as early as today)

West Virginia Sen. Robert Byrd was the most recent uncommitted Democrat to indicate his willingness to support the measure. Byrd said he worked with the administration and the proponents of the amendment to delay the repeal for 60 days after a Pentagon review and determination of the proposed policy and regulation changes.

"This period of time will allow the Congress, along with the American people, to thoroughly review the proposed policy recommendations to ensure that these changes are consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention for our Armed Forces," Byrd said in a written statement late Wednesday.

The Senate committee vote won't happen until the afternoon -- maybe late in the afternoon, according to an aide with the panel.

From NBC's Mike Viqueira
The director of the U.S. Minerals Management Service, Elizabeth Birnbaum, has been fired, the White House confirms.

The MMS, an agency within the Department of the Interior, oversees regulation of the oil industry. It has been accused of having an all-too-cozy relationship with the industry it was supposed to regulate.

*** UPDATE *** NBC's Shawna Thomas reports that Interior Secretary Ken Salazar said Birnbaum resigned.

"She did it on her own terms and own volition," Salazar said, adding that she was a "strong and very effective person. ... She is a good public servant."

*** UPDATE 2 *** NBC's Kelly O'Donnell reports that just fired or "resigned" MMS chief Elizabeth Birnbaum was scheduled to testify on Capitol Hill again today. The House Appropriations Committe was notifed before 10:00 am ET  that the Department of Interior requested a change of witnesses so that Deputy Secretary David Hays could testify in Birnbaum's place.

*** UPDATE 3 *** Here are statement from Salazar and Birnbaum.

Salazar:

"Elizabeth Birnbaum is a strong and effective person and leader. She helped break through tough issues including offshore renewable development and helped us take important steps to fix a broken system. She is a good public servant. She resigned today on her own terms and on her own volition. I thank her for her service and wish her the very best."

Birnbaum said:

"I'm grateful to the President and to the Secretary for allowing me to serve this Administration and the country. It's been a great privilege to serve as Director of the MMS. I have enormous admiration for the men and women of the MMS who do a difficult job under challenging circumstances. I'm hopeful that the reforms that the Secretary and the Administration are undertaking will resolve the flaws in the current system that I inherited."

High stakes for Obama today at his BP-dominated news conference today… Presser takes place at 12:45 pm ET… Although new USA Today/Gallup poll shows the public is angrier with BP and the federal government than with Obama, this could very well be a tipping point for the president… Blumenthal up 25 points (!!!) over McMahon in new Quinnipiac poll… While Senate Republicans are working with a very favorable environment, they have some very flawed candidates in CT, KY, NY, IN, and CO…. Congress works on "Don't Ask, Don't Tell" repeal… And Gresham Barrett justifies his TARP vote.

From Chuck Todd, Mark Murray, Domenico Montanaro, and Ali Weinberg
*** High stakes: After going big on health-care reform, escalating the war in Afghanistan, and spending his early capital on his economic stimulus, President Obama faces yet another high-stakes moment in his young presidency: demonstrating leadership with the BP spill. At 12:45 pm ET, Obama holds a news conference to discuss the spill and other matters (who else bets we'll see some questions on Joe Sestak and the White House's job offer?). Previewing the president's opening remarks, a White House aide tells First Read that Obama will discuss the conclusions of the 30-day safety review on offshore drilling he asked Interior Secretary Salazar to conduct; he will announce new standards to strengthen oversight of the oil industry; he will declare a delay in the planned oil exploration off the coast of Alaska; and he will announce an extension of the deep oil drilling moratorium for another six months.

*** A tipping point? Today's news conference comes a day after BP began its "Top Kill" procedure to stop the oil leak (the early signs look hopeful, but a BP executive said on "TODAY" that it's just "too early" to tell if the procedure will work). It also comes as a new USA Today/Gallup poll shows dissatisfaction with the handling of the spill. According to the poll, 43% give Obama good marks on responding to the spill, versus 53% who give him poor marks. By comparison, 60% give the federal government poor marks, and 73% give BP poor marks. But today's press conference could very well be a tipping point for Obama when it comes to whether he can change the negative political narrative that's developing for his administration. USA Today on its front page and Karl Rove are feeding the narrative that this spill is the president's Hurricane Katrina, and while some think the comparison is unfair, there is no doubt that Americans are frustrated. And when they're frustrated, they take it out on the team that's in charge. 

*** Blumenthal up 25 points in Q-poll: Yesterday gave us real doubts whether Richard Blumenthal would survive the week-plus frenzy surrounding the news that he exaggerated his military service. First, Vice President Biden was reported making this joke at an event for wounded troops on Tuesday night: "I didn't serve in Vietnam. I don't want to make a Blumenthal mistake here." Second, Sen. Jim Webb (D), a Marine vet, gave Blumenthal very little cover in an interview on MSNBC's "Hardball." But how quickly a new poll can change your perceptions: This morning, a new Quinnipiac survey (conducted May 24-25) shows Blumenthal leading Linda McMahon (R) by 25 points (56%-31%) among registered voters. It also has 60% saying that Blumenthal is trustworthy, and 53% saying they're satisfied with his explanations about the exaggerations of his military service.

*** Flawed candidates vs. a good political environment: Although this is just one poll, and we eagerly wait to see what future surveys might show, this has to be a punch in the gut to Senate Republicans. And it comes a day after Rob Simmons (R), who suspended his primary campaign earlier this week, told National Review Online that he didn't think McMahon, with her WWE past, could beat Blumenthal. Simmons later apologized for that comment, telling Politico: "That was a little harsh; I probably shouldn't have said what I said." But all of this only feeds the perception that, despite having the political winds at their back, Senate Republicans have some flawed candidates -- in Kentucky (Rand Paul), in Nevada (either Sue Lowden, Danny Tarkanian, or Sharron Angle), in Indiana (former Sen. and lobbyist Dan Coats), and in Colorado (either Jane Norton or Ken Buck). 

*** Repealing DADT: On Capitol Hill today, the big story is the legislative repeal of "Don't Ask, Don't Tell." Per the AP, "The House was expected to vote as early as Thursday on a proposal by Rep. Patrick Murphy, a Pennsylvania Democrat who served in the Iraq war, that would repeal the 1993 law known as 'don't ask, don't tell.' The legislation — a compromise struck with the White House and agreed to by the Defense Department — would give the military as much time as it wants before lifting the ban… Also as early as Thursday, the Senate Armed Services Committee was expected to take up an identical measure, proposed by Sens. Carl Levin, D-Mich., and Joe Lieberman, I-Conn." However, the New York Times is reporting that in letters solicited by Sen. John McCain, the chiefs of the Army, Navy, Air Force, and Marines have objected to the compromise, saying that Congress shouldn't vote until after the Pentagon's review of DADT. "Mr. McCain's solicitation of the letters appeared to be an attempt to give Republicans some cover to vote against repeal, since Republicans could say that they were supporting the view of the top officers of the services who preferred to delay any vote until after Dec. 1."

*** Barrett justifies his TARP vote: Earlier this month, we saw Utah Republicans oust Sen. Bob Bennett in part because of his 2008 TARP vote. And in South Carolina's volatile GOP gubernatorial primary, which takes place on June 8, Rep. Gresham Barrett is airing a minute-long TV ad justifying his TARP vote. Note the how the ad refers to TARP as "Bush Bailout." By the way, Dick Cheney yesterday endorsed Barrett. But as the case with President Obama, Cheney's endorsement record has been pretty poor this cycle. He backed Kay Bailey Hutchison (who lost the primary for Texas governor), Trey Grayson (who lost to Rand Paul), and Bob Bennett (who lost the GOP nomination).

Countdown to CA, IA, ME, NJ, ND, SC, SD, and VA primaries, and AR run-off: 12 days:
Countdown to Election Day 2010: 159 days

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At his press conference today, "President Obama will announce on Thursday a suspension of all applications for offshore oil drilling in the Arctic through the remainder of the year, an Alaska senator said late Wednesday," the New York Times says. The decision essentially extends an informal moratorium that Mr. Obama had set shortly after the BP accident on April 20 that led to the spewing of millions of barrels of oil into the Gulf of Mexico. The new restrictions would suspend new offshore drilling permits in the Gulf of Mexico and off the North Slope Alaska until the cause of the accident is determined and stricter safety and environmental safeguards are imposed."

The AP: "Struggling to seize control of a disastrous oil spill on his watch, President Barack Obama is rolling out tougher rules for oil rigs, accepting questions about his own leadership and heading back to the Gulf Coast to reassure the country of every effort to 'put a stop to this thing.' Even as the White House insists it has been engaged in halting the crisis since it began, Obama is raising his public profile in an attempt to show he is in command. He has been pounded not just by Republican critics but by Democrats as well as the mess spills into a sixth week of pollution and hard feelings."

Roll Call on today's presser: "When President Barack Obama faces reporters Thursday before heading to Louisiana on Friday, he'll be going for a hat trick, trying to neutralize attacks on three of the biggest crises facing the nation: illegal immigration, federal spending and the Gulf Coast disaster."

The Washington Post has five questions for Obama on the oil spill.

USA Today asks if this has become Obama's Katrina. "A new USA TODAY/Gallup Poll finds that six out of 10 adults say the federal government is doing a "poor" or "very poor" job handling the spill. A majority — 53% — say the same about Obama. And 50% of those polled say protecting the environment now should be a higher priority than promoting economic growth. Those choosing the economy: 43%."

The Obama Doctrine: "President Barack Obama's new national security strategy says armed conflict should be a last resort but doesn't repudiate the Bush administration's doctrine of pre-emptive war or its call for the U.S. to go it alone in defending against foreign threats," the AP writes. "The overarching goal of Obama's National Security Strategy, intended to guide U.S. military and diplomatic policy for years, is to eliminate the need for the U.S. to strike first or take unilateral military action. In the president's first formal declaration of his national security strategy, Obama breaks with some of his predecessors in putting heavy emphasis on the value of global cooperation, developing wider security partnerships and helping other nations defend themselves."

"Two top Obama administration officials have told Pakistan that it has only weeks to show real progress in a crackdown against the Pakistani Taliban, a senior U.S. official said Wednesday," the AP adds. "The U.S. has put Pakistan 'on a clock' to launch a new intelligence and counterterrorist offensive against the group, which the White House alleges was behind the Times Square bombing attempt, according to the official."

"The House was expected to vote as early as Thursday on a proposal by Rep. Patrick Murphy, a Pennsylvania Democrat who served in the Iraq war, that would repeal the 1993 law known as 'don't ask, don't tell,'" the AP writes. "Also as early as Thursday, the Senate Armed Services Committee was expected to take up an identical measure, proposed by Sens. Carl Levin, D-Mich., and Joe Lieberman, I-Conn." 
 
"Armed Services Republicans threatened Wednesday to filibuster the defense authorization bill if it comes to the floor with Democrat-backed language repealing the military's 'don't ask, don't tell' policy," Roll Call notes.

Meanwhile, "The chiefs of the Army, Navy, Air Force and Marines objected on Wednesday to a compromise plan to repeal the military's ban on allowing gay men and lesbians to serve openly, a position that put them at odds with President Obama and Defense Secretary Robert M. Gates. In letters solicited by Senator John McCain, Republican of Arizona, who is opposed to repeal, the chiefs said they wanted Congress to delay voting on the issue until after Dec. 1, when the Pentagon is to complete a review of how the military should carry out the changes."  

Roll Call: "Sen. Bob Menendez denounced the White House's decision to send 1,200 National Guard troops to the Mexican border as a 'submission' to demands by Republicans that the border be secured before passage of an immigration overhaul. In a statement released by his office Tuesday evening, the New Jersey Democrat also took a shot at Sen. John McCain (R-Ariz.), who has dropped his support for comprehensive legislation in favor of a border security approach. Menendez argued that the border must be part of a broader bill."

The New York Times: "The conservative provocateur James O'Keefe and three other men pleaded guilty in federal court on Wednesday to a misdemeanor in a scheme in which they posed as telephone repairmen in Senator Mary L. Landrieu's New Orleans office. Magistrate Daniel Knowles III, who cited the defendants' potential as investigative journalists though he was critical of this incident, sentenced Mr. O'Keefe, 25, to three years of probation, 100 hours of community service and a $1,500 fine. As Mr. O'Keefe was considered the ringleader, his fellow defendants, Joseph Basel, Stan Dai and Robert Flanagan, were given lesser sentences of two years of probation, 75 hours of community service and $1,500 fines." 

Newt Gingrich was in Iowa yesterday, where he called Obama's position on Arizona's immigration law "racist" (which is ironic because opponents believe the law encourages racial profiling). "Former House Speaker Newt Gingrich said Wednesday that President Barack Obama has taken a 'racist position' on the immigration issue. He also called his plan to send 1,200 National Guard troops to Arizona 'grandstanding.'… Taking a question about Arizona's new immigration law, he said, 'the president, frankly, I think, has taken a racist position and tried to divide the country in ways that are totally inappropriate.'"

ARIZONA: All about the earmarks. "Arizona Sen. John McCain's re-election campaign plans to launch new radio and television ads that blast his primary opponent for supporting special funding requests known as earmarks," the AP writes.  

CONNECTICUT: A Quinnipiac poll finds Richard Blumenthal leading Linda McMahon by 25 points among registered voters, 56%-31%. That's narrowed from 61%-28% from two months ago. "It looks like Connecticut voters forgive Attorney General Richard Blumenthal, or feel that there is nothing to forgive in the Vietnam service flap," said poll director Douglas Schwartz. "While he has taken a hit with voters, his poll numbers were so high to begin with that he still maintains a commanding lead over Linda McMahon." 
 
Oh, Joe: "Addressing veterans at his home yesterday, Biden said, 'I didn't serve in Vietnam. I don't want to make a Blumenthal mistake here. Our attorney general from Connecticut, God love him,'" per the New York Post. "Afterward, a sheepish Biden, long plagued by putting his foot in his mouth, said, 'I have a bad habit of saying exactly what I think.' The Democratic Senatorial Campaign Committee at first posted Biden's remarks on its Web site -- then later yanked them."

ILLINOIS: "In another boost for Alexi Giannoulias' Illinois Democratic Senate campaign, David Plouffe, President Obama's campaign manager, hits Chicago on June 30 for a grass roots fund-raiser. Plouffe ran the presidential campaign from its Chicago headquarters and helped mastermind the strategy that expanded the Obama electorate, bringing younger and first time voters in the process," Lynn Sweet writes. 
 
KENTUCKY: Rand Paul hired a new campaign manager: Jesse Benton, the communications director for Paul's father Rep. Ron Paul's presidential campaign in 2008, the Wall Street Journal says.

MASSACHUSETTS: Fresh evidence of immigration as a rising midterm issue: "Staking out increasingly tough stances on illegal immigration, Republican gubernatorial candidate Charles D. Baker and independent rival Timothy P. Cahill said yesterday that they want to give police the authority to arrest people who are in the country illegally and charge them with immigration violations," the Boston Globe reports. 
 
MISSISSIPPI: "When former Fox News political commentator Angela McGlowan entered Mississippi's 1st district GOP primary in February, there was some speculation that she might harness the anti-establishment sentiment and give highly touted state Sen. Alan Nunnelee (R) a run for his money," Roll Call writes. "Four months later, McGlowan seems to have flamed out while former Eupora Mayor Henry Ross, who filed for the race in early January, has suddenly found himself with late momentum. With just days to go before Tuesday's primary, Ross is working to force Nunnelee into a June 22 runoff." 
 
NEVADA: The AP profiles Sharron Angle. "Sharron Angle wants to wipe out Social Security, shutter the Education Department and return to the days almost a century ago when the federal income tax was unconstitutional. A tea party conservative testing the limits of anti-government sentiment, she's also the Republican on the rise in an unpredictable race to pick an opponent for Senate Majority Leader Harry Reid, a top Democrat in Washington who's in trouble at home. What's more, she is evidently the Republican whom Reid would like most to run against." She said, "I am the tea party."

Meanwhile, "Nevada Senate GOP candidate Sue Lowden again refused Wednesday to take a position on whether the landmark Civil Rights Act should extend into private businesses, an issue that has already rocked the Senate campaign of Republican Rand Paul in Kentucky," Politico writes. "Speaking on a Las Vegas political talk show, Lowden repeatedly declined to discuss her views on whether private companies should be forced to abide by the anti-discrimination law -- and she later sought to get ahead of the fallout by issuing a statement saying she supports the law." 
 
NEW YORK: Vito Fosella said thanks but no thanks to the Staten Island GOP's endorsement. 
 
The New York Post's headline: "A political offer Vito can refuse." 
 
OHIO: "A recent poll for the campaign of former Rep. Steve Chabot (R) gave him a 14-point lead over Rep. Steve Driehaus (D) in their rematch," Roll Call writes. "Public Opinion Strategies said in a memo Monday that it polled 400 likely voters in the Cincinnati-based 1st district on May 12-13 and found that 53 percent preferred Chabot and 39 percent preferred Driehaus." 
 
PENNSYLVANIA: Stu Rothenberg: "I understand that we live in an era when exaggeration is the norm, but characterizing the GOP loss in that special election as evidence that Republicans can't win the House is about as misguided as the pre-election assessments that the special was a 'must win' for Republicans. Critz's victory was very welcome news for Democrats and a good reminder that candidates, campaigns and district fundamentals matter. Conservative Democrats, at this point in the cycle, can still win in conservative Democratic districts, even if President Barack Obama isn't popular."

From NBC's Jenna Pfeffer
Nebraska Sen. Ben Nelson (D) announced today that he will support the "Don't Ask, Don't Tell" repeal because he doesn't believe "that most Nebraskans want to continue a policy that not only encourages but requires people to be deceptive and to lie," he said in a statement. "In a military which values honesty and integrity, this policy encourages deceit."

Nelson becomes the crucial 15th vote in the Senate Armed Services Committee that critics of the military's "Don't Ask, Don't Tell" policy need to include the amendment in the annual defense spending bill. Sen. Joseph Lieberman (I-D), along with Sen. Carl Levin (D) and Rep. Patrick Murphy (D), are the main proponents behind this compromise.

This comes after the White House backed the compromise on Monday. Nelson, along with several other senators, was waiting to hear from the White House before making a decision. He ultimately chose to support the repeal because "it removes politics from the process. It bases implementation of the repeal on the Pentagon's review."

In response, the president of the Human Rights Campaign, the nation's largest gay-rights group, thanked Nelson for "being on the right side of history."

The Senate Armed Services Committee will vote on the repeal this Thursday.

*** UPDATE *** The conservative group Concerned Women for America emails this statement: "Just like he did on the crucial healthcare vote, Sen. Ben Nelson has once again betrayed the trust of his constituents and crumpled under the pressure of Washington politics. Sen. Nelson is so ingrained in the Washington culture that obviously he doesn't need to think twice about flipping positions on serious issues of moral consequence. Nelson and his colleagues who vote to repeal the policy will be ignoring the advice and counsel of leaders in our military who are unsure yet of the repercussions. Our nation, and our military, need to focus on winning wars and protecting the country, not on internal politics that could cause significant division."

From NBC's Mark Murray
The last time we dove into South Carolina's GOP gubernatorial primary -- and the allegations of an affair -- we told you that Will Folks, a prominent GOP blogger and former Mark Sanford spokesman, revealed an "inappropriate physical relationship" with gubernatorial candidate Nikki Haley (R).

Haley, who is married with children, denied any infidelity.

But now the Web site that Folks runs has published a series of text messages that -- although not direct proof of an affair -- shows that Folks and Haley's campaign manager discussed the allegations and their impact.

"I'm telling you man," Haley's campaign manager tells Folks. "we keep this under wraps and nh [Nikki Haley] is going to win."

CNN has confirmed with the campaign manager, Tim Pearson, that the text messages -- posted here -- are authentic.

The GOP primary featuring Haley, Henry McMaster, Gresham Barrett, and Andre Bauer takes place on June 8.

From NBC's Mark Murray
With Dino Rossi (R) jumping into the race in Washington state to challenge Sen. Patty Murray (D), it's clear the National Republican Senatorial Committee has learned its lesson after initially backing Charlie Crist in Florida's Senate race.

Rossi is certainly the NRSC's preferred candidate, but this statement from the committee suggests it's willing to wait until the Aug. 17 primary, which will also feature former Washington Redskins tight-end Clint Didier (who was endorsed by Sarah Palin) and former state party chairman Don Benton.

No matter who the voters ultimately select as their Republican nominee in August, we are confident that Washingtonians will hold Patty Murray accountable for her long record fighting for higher taxes and out-of-control spending during her 18 years in D.C. Unfortunately, this former mom in tennis shoes has simply lost touch with her constituents during her nearly two decades in the Senate.

As NRSC Chairman John Cornyn told reporters last week, "In this political environment, it is not necessarily helpful for candidates running in the states to have the national party chairman endorse them.... More than any time I have seen in the recent past, instead of a Contract for America, voters want a contract from America. They want to be listened to, not lectured to, and not to have their choices made for them."

From NBC's Mark Murray
Our new NBC/MSNBC/Telemundo poll doesn't just measure attitudes on immigration. It also contains our first look at Supreme Court nominee Elena Kagan.

According to the poll, 31% of respondents say they support Kagan's nomination, compared with 21% who oppose it; 47% didn't have an opinion or don't know enough about her.

Kagan's numbers largely mirror support for Supreme Court Justice Samuel Alito at a similar point in his successful attempt for confirmation: In our Nov. 2005 NBC/WSJ poll, 32% supported Alito and 20% opposed him. Alito was confirmed in Jan. 2006 by a 58-42 vote.

However, Kagan's initial support is lower than Sonia Sotomayor's (43%-20% oppose) and John Roberts' (38%-20%).

But it is higher than the initial support for failed nominee Harriet Miers (27%-21%).