Trump files for judge in federal election interference trial to be taken off case – live

Though the filing only surfaced Monday, conservative calls for Chutkan to step down have been mounting in recent weeks. Republican congressman and Trump-loyalist Matt Gaetz filed a resolution to condemn and censure the federal judge for her comments in recent weeks.

Just last night, Mark Levin, a conservative pundit and Fox News show host, took aim at Judge Chutkan on his program.

Making the case that she is “unqualified” to preside over the case against Trump, Levin cited an investigation on Real Clear Politics, a right-leaning website largely funded by pro-Trump conservatives, that outlines many of the arguments used by the former president’s legal team to call for Chutkan’s recusal.

But for all the crying-foul coming from conservatives, it will be difficult for the Trump legal team to succeed in getting her off the case. As New York University professor of law Stephen Gillers told Real Clear Politics: “Almost never will a judge be recused for opinions she forms as a judge – in hearing cases and motions. Judges are expected to form opinions based on these ‘intrajudicial’ sources. It’s what judges do.”

Ultimately, Chutkan will be the one to rule on whether she is too biased to preside over the case. If she denies the recusal, Trump’s lawyers could petition an appeals court, but it’s still a long shot.

This also isn’t the first time Trump has tried to get a new judge. He previously failed to get a new judge to preside over his New York State court case and also attempted to get the case moved to federal court.

Trump has challenged the judge or jurisdiction in three of his four criminal cases this year, CBS News reports, excluding only Aileen Cannon – presiding over the 40 felony counts charged for “willful retention of national security information” – who he appointed.

In a court filing on Monday, former president Donald Trump moved to recuse federal judge Tanya Chutkan, who is overseeing the 2020 election subversion case, citing her previous comments about his culpability.

“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned,” the motion for recusal reads. “Such statements, made before this case began and without due process, are inherently disqualifying.”

The filing includes a reference to a statement Chutkan made during cases in 2022 before the special counsel issued findings:

This was nothing less than an attempt to violently overthrow the government, the legally, lawfully, peacefully elected government by individuals who were mad that their guy lost. I see the videotapes. I see the footage of the flags and the signs that people were carrying and the hats they were wearing and the garb. And the people who mobbed that Capitol were there in fealty, in loyalty, to one man – not to the constitution, of which most of the people who come before me seem woefully ignorant; not to the ideals of this country; and not to the principles of democracy. It’s a blind loyalty to one person who, by the way, remains free to this day.”

“Fairness and impartiality are the central tenets of our criminal justice system,” Trump’s legal team wrote in the filing. “Both a defendant and the public are entitled to a full hearing, on all relevant issues, by a Court that has not prejudged the guilt of the defendant, and whose neutrality cannot be reasonably questioned.”

President Biden marked the anniversary of 9/11 by speaking to service members, first responders, and their families in Anchorage, Alaska.

Standing before an enormous American flag the president recounted memories of that tragic day while championing the acts of patriotism and courage performed in response.

“Those terrorists could never touch the soul of America,” the President said resolutely. “Heroes, like all of you,” he added, “never faltered to defend our nation, our people an dour values in times of trial”.

He used the speech to tell the gathered troops that his administration is working to ensure broader support for service members when they return home. Outlining the ways in which the US has fought terrorist foes over the last two decades, and noting that Osama Bin Laden was sent “to the gates of hell,” Biden turned toward the battles the country is still fighting – the deep-seated divisions that continue to threaten its future.

To drive home the point, the President ended with an anecdote about his late friend, Senator John McCain.

“John and I were friends. Like a lot of us we had differences,” he said, adding that the two, “disagreed like hell,” on the Senate floor but would always find time to lunch afterward.

On their last meeting, Biden shared, McCain pulled him close, said he loved him, and asked Biden to perform his eulogy.

“He put duty to country first,” Biden said. “Above party, above politics, above his own person.” The president invoked the American people, including the military members in attendance, to reflect on that during this day of remembrance.

“We must never lose that sense of national unity,” he said. “Let that be the common cause of our time.”

Five American prisoners being detained in Iran could soon be freed, thanks to a new deal the countries reached today. In exchange for the 5 US citizens, 5 Iranians held in the US will be released and the US will allow the transfer of $6bn in frozen Iranian funds from South Korea to Qatar without sanctions, the Associated Press reports.

Congress was notified of the deal today, after it was signed off by the Biden Administration late last week. AP reports that significant sum cleared for use by Iran was a key aspect to the deal, encouraging foreign banks to perform the transfer intended to be used to purchase humanitarian supplies. The cnetral bank of Qatar will hold the funds, which will be controlled by Qatar’s government, to ensure its use is dedicated to aid, including medicine and food for the people of Iran.

The American prisoners have also been transferred out of Iranian jails and are now in house arrest.

The deal is the result of more than two years of negotiations between the two countries, according to the The New York Times, which reported on the tentative agreement in August.

“This is just the beginning of a process that I hope and expect will lead to their return home to the United States,” Secretary of State Antony J. Blinken told reporters at the time. “There’s more work to be done to actually bring them home. My belief is that this is the beginning of the end of their nightmare.”

The Biden administration is close to approving the shipment of longer-range missiles packed with cluster bombs to Ukraine, Reuters is reporting, citing four US officials.

The US is considering shipping either or both Army Tactical Missile Systems (ATACMS) that can fly up to 190 miles (306 km), or Guided Multiple Launch Rocket System (GMLRS) missiles with a 45-mile range packed with cluster bombs, the report says.

If approved, either option would be available for rapid shipment to Kyiv, giving Ukraine the ability to cause significant damage deeper within Russian-occupied territory.

The decision to send ATACMS or GMLRS, or both, is not final and could still fall through, according to the sources.

The US has approved a series of Covid-19 booster vaccines amid rising cases of coronavirus around the country, the Food and Drug Administration said.

The FDA said it had approved Moderna and Pfizer-BioNTech vaccines, which can be administered even to people who never previously received a Covid-19 vaccination.

As with earlier vaccinations, the new round of shots are cleared for adults and children as young as age 6 months.

Starting at age five, most people can get a single dose even if they have never had a prior Covid-19 shot, per the FDA. Younger children might need additional doses depending on their history of Covid-19 infections and vaccinations.

Hospitalizations from Covid-19 have crept up in recent weeks, although the rise is lower than the same time last year. In the week ending 26 August just over 17,400 people were hospitalized from Covid-19, NBC reported, up 16% from the week before.

In August, two hospitals in New York state re-introduced mandatory masking after an increase in Covid-19 cases, while the Lionsgate film studio reinstated a mask mandate for half its employees in its flagship Los Angeles offices.

That same month, the US Centers for Disease Control and Prevention (CDC) said that it had discovered a new Covid-19 variant and warned high-risk individuals to resume wearing masks.

The variant, BA 2.86, was detected during monitoring of wastewater, the CDC said. It said it was too soon to tell if BA 2.86 could lead to more severe illness than other variants, but reported “reassuring” results of early research which showed that existing antibodies work against the BA 2.86 variant.

Donald Trump urged supporters they need to “fight like hell” or risk losing their country during a speech at a South Dakota rally in which the former president used language resonant of the run-up to the January 6 US Capitol attack, according to a CNN report.

“I don’t think there’s ever been a darkness around our nation like there is now,” Trump said on Friday, as he accused Democrats of allowing an “invasion” of migrants over the southern border and of trying to restart Covid “hysteria”, the report says.

The Republican front-runner’s stark speech raised the prospect of a second presidency that would be even more extreme and challenging to the rule of law than his first. His view that the Oval Office confers unfettered powers suggests Trump would indulge in similar conduct as that for which he is awaiting trial, including intimidating local officials in an alleged bid to overturn his 2020 defeat.

Here are some images from the news wires of how the US has been marking the 22nd anniversary of the 9/11 terror attacks, which took the lives of nearly 3,000 people.

Several people were arrested after entering the office of Kevin McCarthy, the speaker of the House, during a protest for HIV/Aids funding on Monday.

The US President’s Emergency Plan for Aids Relief (Pepfar), a widely bipartisan program, has since been reauthorized three times, and Joe Biden earlier this year indicated that he would work with Congress to extend it a fourth.

But the program’s latest extension has been caught up in a partisan fight over abortion and is under threat amid Congress’s negotiations over a government shutdown.

Some Republicans are opposing Pepfar’s reauthorization, arguing that current restrictions do not sufficiently prevent the funds from being used to support abortions, according to an August report by the Federation of American Scientists.

New Jersey Republican Representative Chris Smith, who chairs the House foreign affairs subcommittee, in a letter to colleagues in June:

Any multi-year PEPFAR reauthorizing legislation must ensure that Biden’s hijacking of PEPFAR to promote abortion be halted.

The program was first established in 2003 by President George W Bush to prevent and treat HIV/Aids in developing countries worldwide, and it is overseen by the US Department of State.

About 20 million people depend on the program globally, according to a White House statement in January.

Smith was a co-sponsor of the 2018 bill extending Pepfar for five years but is now seeking to block its renewal after Biden in 2021 lifted Trump-era restrictions that barred Pepfar and other global programs receiving US funding from performing or promoting abortions.

The Food and Drug Administration (FDA) gave the green light to updated Covid-19 vaccine shots from Moderna and Pfizer/BioNTech, but it is the Centers for Disease Control and Prevention that recommends who should get the shot, according to a Washington Post report.

The CDC is leaning toward a broad recommendation that covers almost all ages, mirroring the FDA approach, the paper writes, citing federal officials.

But it is possible that some on the agency’s panel of outside experts, the Advisory Committee on Immunization Practices, will push for a targeted recommendation focused on those at greatest risk — older Americans or people with weakened immune systems or other illnesses.

Experts interviewed by the paper said they would get the coronavirus shot as soon as possible amid a late-summer uptick in Covid cases across the US

Updated Covid-19 vaccinations could begin later this week, and the US hopes to ramp up protection against the latest coronavirus strains amid steadily increasing cases.

The newest shots target an omicron variant named XBB.1.5, replacing combination vaccines that mixed protection against the original coronavirus strain and even older omicron variants.

“Vaccination remains critical to public health and continued protection against serious consequences of COVID-19, including hospitalization and death,” said Peter Marks, director of the FDA’s center for biologics evaluation and research.

The public can be assured that these updated vaccines have met the agency’s rigorous scientific standards for safety, effectiveness, and manufacturing quality. We very much encourage those who are eligible to consider getting vaccinated.

There has been a late-summer uptick in Covid cases across the US.

Experts are closely watching two new variants, EG.5, now the dominant strain, and BA.2.86, which has attracted attention from scientists because of its high number of mutations.

Experts have said that the US is not facing a threat like it did in 2020 and 2021. “We’re in a different place,” Mandy Cohen, the head of the Centers for Disease Control and Prevention, told NBC News last month.

I think we’re the most prepared that we’ve ever been.

Updated Covid-19 vaccine shots made by Pfizer and Moderna are expected to be available in the coming days, according to Moderna. A third shot, by the vaccine maker Novavax, is still under review by the FDA, according to the company.

Advisers from the US centers for disease and protection (CDC) are due to meet on Tuesday to recommend who should receive the shot. An endorsement by the CDC’s director should clear the way for millions of doses to be shipped nationwide within days.

As part of the FDA’s update, the original Moderna and Pfizer/BioNTech Covid-19 vaccines are no longer authorized for use in the US.

The US health regulator on Monday authorized updated Covid-19 vaccines that closely match the Omicron variants that are circulating, starting the process to deploy the shots this month, Reuters reports.

The Food and Drug Administration authorized the shots, which target the XBB.1.5 subvariant, from manufacturers Pfizer and its German partner BioNTech SE, and US pharma company Moderna.

More details to follow.

A trial began Monday over a sweeping Texas voting law that sparked a 38-day walkout by Democrats in 2021 and were among the strictest changes passed by Republicans nationwide following former US president Donald Trump’s false claims of a stolen election, the Associated Press reports.

The AP further notes:

The lawsuit was brought by a coalition of voting rights groups after Republican governor Greg Abbott signed the changes into law. The trial in San Antonio federal court could last weeks and it is unclear when US district judge Xavier Rodriguez might rule. Potentially at stake are voting rules Texas will use for the 2024 elections, although any decision is likely to be appealed.

The challenge, from the American Civil Liberties Union, (ACLU) the Mexican American Legal Defense Fund and others, has not stopped the measures from taking effect, including a ban on 24-hour polling places and drive-thru voting.

Many changes targeted Harris county, which includes Houston and is where a slate of Republican candidates are challenging their defeats last year.

During the hurried rollout of the law last year, more than 23,000 mail ballots in Texas were rejected during the March 2022 primary elections as voters struggled to navigate the new rules. By November’s general election, the rejection rate fell significantly, but was still higher than what experts consider normal.

In August, Rodriguez separately struck down a requirement that mail voters provide the same identification number they used when they registered to vote.”

Joe Biden is up in the air literally and House Speaker Kevin McCarthy’s future as House Speaker is likewise, but metaphorically. It’s been a busy day in Vietnam for the US president post-G20, but he’s now on his way back to the US and is due to address the public during a stopover in Alaska en route to Washington, DC.

Here’s where things stand:

• Mark Meadows, the former Trump White House chief of staff, appealed a judge’s ruling last Friday denying his bid to transfer his Georgia 2020 election interference case from state to federal court.

• Jury deliberations for the impeachment trial of the Texas attorney general, Ken Paxton, could start late Thursday or Friday, according to the presiding officer Dan Patrick.

• Kevin McCarthy, Speaker of the House, reportedly doesn’t have the votes to move forward with an impeachment inquiry into Joe Biden being clamored for by the right wing of his House caucus.

• Ken Buck, a Colorado Republican congressman, said that there was a “perfect storm” brewing in the House over government spending and on impeachment of the president that could pose a threat to Kevin McCarthy’s speakership. More on this by Politico.

• Joe Biden will address the nation late on Monday afternoon on the 22nd anniversary of the terrorist attacks on the US on September 11, 2001. On Monday morning, US vice president Kamala Harris attended the annual memorial ceremony in New York at the spot where the al-Qaeda hijackers destroyed the twin towers of the World Trade Center.

In the months before the supreme court handed down Citizens United, the 2010 ruling which unleashed a flood of dark money into American politics, the wife of a conservative justice worked with a prominent rightwing activist and a mega-donor closely linked to her husband to form a group to exploit the decision.

So said a blockbuster report from Politico, detailing moves by Ginni Thomas – wife of Justice Clarence Thomas – and Leonard Leo, the Federalist Society chief who has worked to stock the court with rightwingers, leading to a series of epochal decisions, including the removal of the federal right to abortion.

Half a million dollars in seed money, Politico said, came from Harlan Crow, the Nazi memorabilia-collecting billionaire whose extensive and mostly undeclared gifts to Clarence Thomas have fueled a spiraling supreme court ethics scandal.

Sheldon Whitehouse, a Democratic senator from Rhode Island and champion of ethics reform, said the report laid out “the creepy intermingling of dark billionaire money, phoney front groups, far-right extremists and the United States supreme court”.

Politico noted that the ruling in Citizens United was widely expected after justices “took the unusual step of asking for re-arguments based on a sweeping question – whether they should overrule prior decisions approving laws that limited spending on political campaigns”.

Noting that conservative groups moved to capitalise faster than others, the site quoted an anonymous source as saying Ginni Thomas “really wanted to build an organisation and be a movement leader. Leonard was going to be the conduit of that.”

The justice department has dropped its five-year-old criminal case against Bijan Rafiekian, a one-time business partner of the former national security adviser Michael Flynn who had been charged with illegally lobbying for Turkey during the 2016 US presidential election.

Rafiekian, who also goes by the name Bijan Kian, was indicted in 2018 on charges including failing to register as a foreign agent. Prosecutors had accused Rafiekian of illegally lobbying to have the cleric Fethullah Gülen extradited from the US to Turkey.

The move wraps up a long-running tangent of the Mueller-era Russia investigation that originally had been used as leverage to pressure Flynn, CNN reported. Prosecutors had planned on calling Flynn to testify against Rafiekian at his trial to solidify their evidence of a connection between Flynn’s lobbying group and the government of Turkey.

In 2019, a jury convicted Rafiekian on charges of conspiracy and acting as a foreign agent. But the judge who presided over the trial later set aside the verdicts, citing insufficient evidence. The case then went into appeals, hanging in the criminal justice system for years.

In a court filing on Monday, the justice department said it sought to dismiss the charges against Rafiekian. Prosecutors wrote:

After carefully considering the Fourth Circuit’s recent decision in this case and the principles of federal prosecution, the United States believes it is not in the public interest to pursue the case against defendant Bijan Rafiekian further.

After defending the integrity of US elections from an onslaught of threats over the last several years, secretaries of state across the US are now turning to a new high-stakes question: is Donald Trump eligible to run for president?

Several secretaries are already working with attorneys general in their states and studying whether Trump is disqualified under a provision of the 14th amendment that bars anyone from holding public office if they have previously taken an oath to the United States and then “engaged in insurrection or rebellion against the same”.

That language clearly disqualifies Trump from running in 2024, William Baude and Michael Stokes Paulsen, two prominent conservative scholars, concluded in a lengthy forthcoming law review article. They write in the article:

If the public record is accurate, the case is not even close. He is no longer eligible to the office of Presidency, or any other state or federal office covered by the Constitution. All who are committed to the Constitution should take note and say so.

A flurry of challenges to Trump’s candidacy are expected – one was filed in Colorado on Wednesday – but the legal issues at play are largely untested. Never before has the provision been used to try to disqualify a presidential candidate from office and the issue is likely to quickly come to a head as soon as officials make their official certifications about who can appear on primary ballots.

Secretaries are studying who has the authority to remove Trump from the ballot and what process needs to occur before they do so. They also recognize that the issue is likely to be ultimately settled by the courts, including the US supreme court.

Jocelyn Benson, a Democrat in her second term as Michigan’s secretary of state, said she had spoken with another secretary of state about the 14th amendment issue “nearly every day”.

The north star for me is always: ‘What is the law? What does the constitution require?’ To keep politics and partisan considerations out of it. And simply just look at this from a sense of ‘what does the 14th amendment say?’ We’re in unprecedented, uncharted territory.

Read my colleague Sam Levin’s full report.