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    Lachlan Murdoch alleges Crikey hired marketing firm to turn legal threat into subscription drive

    Lachlan Murdoch alleges Crikey hired marketing firm to turn legal threat into subscription driveNews Corp co-chair’s lawyer tells federal court she intends to show Crikey did not republish article for public interest reasons

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    Crikey hired a marketing company to capitalise on a legal threat from Lachlan Murdoch in order to drive subscriptions, the co-chair of News Corporation has alleged in the federal court.Murdoch launched defamation proceedings in August against the independent news site over an article published in June that named the Murdoch family as an “unindicted co-conspirator” in the US Capitol attack. The trial has been set down for March 2023 but the parties are in dispute over pretrial matters.One of the matters heard by justice Michael Wigney in a brief hearing was an allegation by the Murdoch team that a marketing campaign, run by brand strategists Populares, undermines the public interest defence on which Crikey publisher Private Media was relying.Lachlan Murdoch’s legal team loses bid to have parts of Crikey’s defamation defence dismissedRead moreIn response to a concerns letter from Murdoch in June, Crikey initially agreed to take down the article but after failing to reach agreement it was reinstated on 15 August.Sue Chrysanthou SC, for Murdoch, said she intends to show that republication of the article was not for public interest reasons but for a marketing campaign.She said Populares produced a “significant report” titled “Lachlan Murdoch Campaign” about how “a dispute with my client could be marketed for the purposes of attracting new readers and gaining subscriptions”.“The purpose of the re-posting was not for the public interest, it was for the media campaign,” she said.
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    In his statement of claim in August Murdoch alleged that the placement of a New York Times advertisement inviting him to sue Crikey over the alleged defamation was “seeking to humiliate” the executive chair and chief executive of Fox Corporation.Chrysanthou said social media was “the modern-day grapevine” and alleged Crikey had paid for some posts about her client “to be promoted and advertised”.She sought orders for Crikey to provide further information in response to questions because the submitted outlines of information did not address anything after the 29 June publication of the article by Crikey’s politics editor, Bernard Keane. Wigney said the request for written answers to about 180 questions, including sub-questions, could delay proceedings and he repeatedly asked Chrysanthou: “Do you want this to go to trial in March?”“I would withdraw those interrogatories you can cross-examine them,” he said.‘Lachlan gets fired the day Rupert dies’: Murdoch biography stokes succession rumorsRead morePrivate Media’s lawyer, Clarissa Amato, said Chrysanthou’s request would result in a “a catastrophic waste of time and money”.“Some of those may be things simply left out of the discovery list by accident … there are other requests that are effectively new categories of documents,” Amato said.Chrysanthou said the social media posts about her client had spread “like a virus”, and she would call a social media expert to give evidence explaining the reach.“We want the expert to address that issue, and the effect of promoting particular posts and how that then causes those posts to appear in different people’s feeds,” Chrysanthou said.She said the expert would be asked to explain a few essential posts, relevant to claims of serious harm from the publication.Murdoch is seeking damages because through the publication and republication of the article he alleges he “has been gravely injured in his character, his personal reputation and his professional reputation as a business person and company director, and has suffered and will continue to suffer substantial hurt, distress and embarrassment”.The parties will return to court on Thursday.TopicsLachlan MurdochAustralian mediaLaw (Australia)Defamation lawMedia businessNews CorporationMedia lawnewsReuse this content More

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    Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracy

    Oath Keepers founder Stewart Rhodes found guilty of seditious conspiracyJury convicts leader of rightwing group which supported Trump’s attempt to overturn 2020 election Stewart Rhodes, the founder of the rightwing Oath Keepers militia, has been found guilty of seditious conspiracy, a charge arising from the attack on the US Capitol by supporters of Donald Trump.Rhodes and co-defendant Kelly Meggs are the first people in nearly three decades to be found guilty of the rarely used civil war-era charge at trial. The trial was the biggest test yet for the US justice department in its efforts to hold accountable those responsible for the attack that shook the foundations of US democracy.US courts ruling in favor of justice department turns legal tide on TrumpRead moreOn social media, Harry Litman, a former US attorney turned legal analyst, said the guilty verdicts represented “a huge huge victory for the US [justice department] in a challenging and deeply important, even historic, case”.Rhodes is a Yale Law-educated former paratrooper and disbarred attorney. In an eight-week trial, he and four associates were accused of fomenting a plot to use force to stop Congress from certifying Joe Biden’s 2020 election victory.It was the most significant trial arising from the Capitol riot of 6 January 2021, which has been linked to nine deaths including suicides among law enforcement officers. A US district judge, Amit Mehta, presided. The 12-member jury deliberated for three days.Rhodes’ four co-defendants were Meggs, Kenneth Harrelson, Jessica Watkins and Thomas Caldwell.Meggs was convicted of seditious conspiracy. Harrelson, Caldwell and Watkins were acquitted.During the trial, Watkins admitted impeding police officers, and apologized. All five defendants were convicted of obstruction of an official proceeding, with mixed verdicts on a handful of other charges. Rhodes was acquitted of two other conspiracy charges.Rhodes intends to appeal, defense attorney James Lee Bright told reporters. Another Rhodes lawyer, Ed Tarpley, described the verdict as a “mixed bag”, adding, “This is not a total victory for the government in any way, shape or form.”“We feel like we presented a case that showed through evidence and testimony that Mr Rhodes did not commit the crime of seditious conspiracy,” Tarpley said.Rhodes, who wears an eye patch after accidentally shooting himself in the face, was one of the most prominent defendants of around 900 charged so far in connection with the Capitol attack.He founded the Oath Keepers, whose members include current and retired military personnel, law enforcement officers and first responders, in 2009. Members have showed up, often heavily armed, at protests and political events including demonstrations following the May 2020 murder of George Floyd by a white police officer in Minneapolis.Prosecutors said Rhodes and his co-defendants planned to use force to stop Congress from certifying Biden’s win.Rhodes did not go inside the Capitol but was accused of leading the plot. Through recordings and encrypted messages, jurors heard how he rallied followers to fight to keep Trump in office, warned of a “bloody” civil war and expressed regret that the Oath Keepers did not bring rifles on 6 January.Meggs, Watkins and Harrelson entered the Capitol wearing tactical gear. The defendants were accused of creating a “quick reaction force” positioned at a Virginia hotel and equipped with firearms that could be quickly transported to Washington.Fifty witnesses testified. Rhodes and two others testified in their own defense. They denied plotting an attack or seeking to stop Congress from certifying results. Rhodes insisted that his followers who went inside went rogue.Prosecutors sought to paint Rhodes as a liar, showing him his own inflammatory text messages, videos, photos and recordings. These included Rhodes saying he could have hanged the House speaker, Nancy Pelosi, from a lamppost.Watkins, a transgender woman who fled the US army, and Caldwell, a disabled navy veteran, were the others who chose to testify.Watkins admitted “criminal liability” for impeding officers inside the Capitol but denied any plan to storm the building, instead describing being “swept up” in the moment, just as enthusiastic shoppers behave when they rush into stores to purchase discounted holiday gifts.Caldwell, who like Rhodes did not enter the Capitol, never formally joined the Oath Keepers. He tried to downplay inflammatory texts he sent in connection with the attack, saying some of the lines were adapted from or inspired by movies such as The Princess Bride or cartoons such as Bugs Bunny.Four other Oath Keepers members charged with seditious conspiracy are due to go to trial in December. Members of another rightwing group, the Proud Boys, including its former chairman Enrique Tarrio, also are due for trial on seditious conspiracy charges in December.TopicsUS Capitol attackUS politicsDonald TrumpUS crimeThe far rightnewsReuse this content More

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    January 6 report expected to focus on Trump’s role and potential culpability

    January 6 report expected to focus on Trump’s role and potential culpabilityFinal report by House select committee is scheduled for release in December – but fixation on Trump has opened a rift on the panel The House January 6 select committee’s final report into its investigation is expected to focus heavily on Donald Trump’s involvement in the Capitol attack and his potential culpability, opening a rift on the panel weeks before its scheduled release in the middle of December.Justice department asks Pence to testify in Trump investigationRead moreThe nature of the final report – alongside criminal referrals to the justice department – is expected to be the defining legacy of the investigation that brought into sharp relief Trump’s efforts to stop the congressional certification of Joe Biden’s election win and return to the White House for a second term.As the final report is currently drafted, an overwhelming focus is on the findings of the “gold team” that has been examining Trump and White House advisers’ roles in orchestrating a multi-part strategy to overturn the 2020 election, according to multiple sources familiar with the matter.The move to home in on Trump, principally driven by the select committee’s vice-chair, Republican congresswoman Liz Cheney, was in part because the actions of the former president – which a federal judge has said probably violated several criminal statutes – were particularly compelling, multiple sources said.But that fixation on Trump has exposed in recent weeks a deepening rift on the panel, with the since-departed lawyers on the other teams, including the “blue team” examining issues like intelligence failures by the FBI, angered that their findings were set to be relegated to appendices.The simmering discontent from some of the current and former staff has since reached the panel’s members, and an NBC News story earlier this month has since prompted discussions about changing some of the eight chapters in the final report, though they were already broadly complete.‘Trump should be held accountable’: Guardian readers on the Capitol attack hearingsRead moreThe members, one of the sources said, have discussed inserting some of the findings of the non-gold team investigators in the January 6 narrative. But the members have been reluctant to highlight conduct by Trump’s allies that might have been unsavory but probably not criminal.The final report is still scheduled to be released in the middle of December, and after the Senate runoff election in Georgia, where the Trump-backed candidate Herschel Walker trailed the Democratic incumbent Raphael Warnock in the general election in a disappointing midterms for the GOP.At the same time, the select committee is weighing what potential criminal and civil referrals to the justice department might involve; the panel was scheduled on Tuesday to receive a briefing from a special subcommittee led by congressman Jamie Raskin examining the matter.The subcommittee, which also involves Cheney, Adam Schiff and Zoe Lofgren – members with a legal background, or, in the case of Schiff, prosecutorial experience – has also been tasked with resolving other outstanding issues including how to respond to Trump’s lawsuit against his subpoena.A spokesman for the panel could not immediately be reached for comment.The question of whether and what referrals to make to the justice department has hovered over the investigation for months since the select committee’s lawyers came to believe that Trump was involved in a criminal conspiracy to defraud the United States and obstruct Congress over January 6.‘Devoid of shame’: January 6 cop Michael Fanone on Trump’s Republican partyRead moreThe select committee won a substantial victory in March when the US district court judge David Carter ruled that Trump “likely” committed multiple felonies in his efforts to overturn the results of the 2020 election and stop the congressional certification of Joe Biden’s election win.But some members on the panel in recent months have questioned the need for referrals to the justice department, which has ramped up its investigation into the Capitol attack and issued subpoenas to Trump’s allies demanding appearances before at least two grand juries in Washington.The attorney general, Merrick Garland, last week appointed Jack Smith to serve as special counsel overseeing the probe into whether Trump mishandled national security materials and obstructed justice, as well as key elements of the criminal inquiry into the Capitol attack.And even before the appointment of Smith as special counsel, the department asked former vice-president Mike Pence whether he might voluntarily testify to a grand jury hearing evidence about efforts to stop the certification on January 6, the New York Times earlier reported.TopicsUS Capitol attackDonald TrumpJanuary 6 hearingsUS politicsLiz CheneynewsReuse this content More

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    Justice department asks Pence to testify in Trump investigation

    Justice department asks Pence to testify in Trump investigationEx-vice-president considering the request, according to sources, but said last week he would not testify to the January 6 panel The US Department of Justice has asked Mike Pence to testify in its investigation of Donald Trump’s election subversion and the former vice-president was considering the request, sources with knowledge of the situation have told the Guardian.So Help Me God review: Mike Pence’s tortured bid for Republican relevanceRead moreLast week, Pence said he would not testify to the House January 6 committee, telling CBS: “Congress has no right to my testimony on separation of powers under the constitution of the United States. And I believe it will establish a terrible precedent for the Congress to summon a vice-president of the United States to speak about deliberations that took place at the White House.”Pence also said the committee, made up of seven Democrats and two Republicans, was too partisan. The chair and vice-chair of the panel, Bennie Thompson and Liz Cheney, rejected that charge.The New York Times first reported the news of the approach to Pence and said he recognised that the Department of Justice investigation could not be dismissed.The newspaper said the request to Pence was made before the attorney general, Merrick Garland, announced last Friday the appointment of a special counsel to oversee the justice department investigation.Garland said the appointment of the career prosecutor Jack Smith would not slow the investigation of Trump’s attempt to stay in power despite losing the 2020 election to Joe Biden, culminating in the deadly Capitol attack on 6 January 2021.Smith will also oversee the investigation of Trump’s retention of White House records.Trump has tried to stop other senior aides testifying to the Department of Justice, claiming executive privilege. Many aides have been served with subpoenas.Pence and the Department of Justice did not immediately comment on the Times report.On Sunday, Pence was asked if he thought Trump committed a crime in connection with the events of January 6, when some Trump supporters who attacked the Capitol chanted “Hang Mike Pence”.Pence told NBC: “I don’t know if it is criminal to listen to bad advice from lawyers.”Eyeing his own presidential run in 2024, Pence must pursue a balancing act as he seeks to distance himself from Trump while appealing to Republican voters.In that spirit he has published a memoir, So Help Me God, which deals in detail with his version of events during his time at Trump’s side. The book includes an extensive account of Pence’s role in and views of Trump’s attempts to stay in office.Pence ultimately refused to block certification of electoral college results, a process over which he presided. Trump, he writes, said he was “too honest” to take part in a plot based on claims of widespread electoral fraud. But Pence also says Republicans were right to lodge objections to results in key states, as it “meant we would have a substantive debate”.Either way, it seems Trump would have reason to fear testimony to the Department of Justice by his former vice-president. In his book and in interviews to promote it, Pence has made clear he blames Trump for the Capitol riot.Earlier this month, Pence told ABC Trump’s words and actions “angered me”.“But I turned to my daughter who was standing nearby. And I said, ‘It doesn’t take courage to break the law. It takes courage to uphold the law.’ The president’s words were reckless. It’s clear he decided to be part of the problem.”TopicsMike PenceDonald TrumpLaw (US)US Capitol attacknewsReuse this content More

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    Jury deliberates on Oath Keepers’ January 6 role in seditious conspiracy trial – live

    The Oath Keepers don’t dispute that some of their members were around the Capitol on January 6, but jurors need to believe they entered the building in an attempt to stop the certification of Joe Biden’s election win. Whether prosecutors have succeeded at this will be key to determining if they win a conviction in the seditious conspiracy case. Here’s more from the Associated Press on what’s come out of the trial so far:As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday. Hundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Jury deliberations begin in January 6 sedition trial of Oath Keepers founderRead moreDemocratic incumbent Raphael Warnock has a slight lead over his Republican challenger Herschel Walker ahead of the 6 December run-off election for Georgia’s Senate seat, a poll released today finds.The survey by AARP Georgia finds Warnock has 51% support over Walker’s 47%. The Democrat has an edge among young voters, while Walker is more popular among people older than 50, which are a large part of the electorate.Walker and Warnock are battling for a Senate seat that Democrats took control of only last year in a special election. While Joe Biden’s allies have secured a majority in Congress’s upper chamber for another two years, a victory by Warnock would pad their margin of control. Republicans, meanwhile, hope Walker’s victory would put them in a better position to retake the chamber in the next elections set for 2024.Top House Republican Kevin McCarthy will make a “major” announcement about homeland security secretary Alejandro Mayorkas today, Fox News reports:NEW: GOP Minority Leader/Speaker elect Kevin McCarthy tells me he will be making a “major” announcement regarding DHS Secretary Alejandro Mayorkas at a press conference in El Paso, TX this afternoon. McCarthy is here w/ a GOP delegation touring the border & meeting w/ BP agents.— Bill Melugin (@BillFOXLA) November 22, 2022
    The announcement will come during McCarthy’s visit to El Paso, Texas, where he will probably draw attention to the surge in migrant arrivals at the US-Mexico border since Joe Biden took office. Republicans have criticized the White House for its handling of the situation, and rightwing lawmakers in Congress have reportedly called for impeachment proceedings against Mayorkas, a rare step to take against a sitting cabinet secretary.McCarthy is hoping to be elected speaker of the House when Republicans take control next year, after winning a majority of seats in the 8 November midterms. But he is scrambling to find the votes after several of the chamber’s most conservative lawmakers said they would not support him.Republican Senator Lindsey Graham will today appear before a special grand jury investigating efforts by Donald Trump’s allies to meddle with Georgia’s election result, Fox 5 Atlanta reports.Graham has fought the subpoena from Fulton county district attorney Fani Willis for months, but exhausted his legal options when the supreme court turned down his challenge earlier this month. The South Carolina lawmaker’s appearance before jurors in an Atlanta courthouse will not be public, but Willis could use evidence he provides to bring charges in the case.The district attorney has said she wants to ask Graham about two calls he made to Georgia’s secretary of state Brad Raffensperger and his officials following the 2020 election, in which he alleged voter fraud in the state and asked about the possibility of “reexamining certain absentee ballots,” Fox 5 reports. Georgia was one of several states whose votes for Joe Biden proved crucial to his election victory two years ago.The Oath Keepers don’t dispute that some of their members were around the Capitol on January 6, but jurors need to believe they entered the building in an attempt to stop the certification of Joe Biden’s election win. Whether prosecutors have succeeded at this will be key to determining if they win a conviction in the seditious conspiracy case. Here’s more from the Associated Press on what’s come out of the trial so far:As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday. Hundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Jury deliberations begin in January 6 sedition trial of Oath Keepers founderRead moreGood morning, US politics blog readers. A Washington federal jury is starting deliberations in the trial of five members of the Oath Keepers militia, including its founder Stewart Rhodes. The group stands accused of seditious conspiracy, a rarely used charge that prosecutors say is an appropriate way to describe the alleged plot they attempted to carry out on January 6 to stop Joe Biden from taking office. The trial will be an important indicator of if the government can win convictions against the most violent actors in the insurrection, and a verdict could come at any time.Here’s what else is happening today:
    Top House Republican Kevin McCarthy is visiting border patrol personnel in El Paso, Texas. Expect him to talk up the GOP’s plan to address the surge of migrant arrivals at the US-Mexico border when they take control of the House next year, and criticize Joe Biden’s handling of the situation.
    Biden is heading to Nantucket, Massachusetts, this afternoon for the Thanksgiving holiday.
    Anthony Fauci and Covid-19 response coordinator Ashish Jha will appear at the daily White House press briefing at 11.30am eastern time, where they’ll likely talk about the threat of coronavirus during the holiday season. More

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    Republican who voted to impeach Trump re-elected to US House

    Republican who voted to impeach Trump re-elected to US HouseDavid Valadao wins California midterms race, only second member of lower chamber to survive voting to impeach president A Republican who voted to impeach Donald Trump in the House of Representatives has won re-election in California, making him only the second of the 10 to do so still in Congress.David Valadao was called the winner of his competitive race with Democrat Rudy Salas late on Monday, almost two weeks after election day.Republican Adam Kinzinger: election deniers won’t ‘go away organically’Read moreWith his party having already secured control of the House, albeit narrowly, his result was significant only for the survival of his political career after turning on the former president.Other than Dan Newhouse, who swept to victory in his Washington state race, none of the Republicans who voted for Trump’s impeachment last year will serve another term.Most prominent are the two Republican members of the January 6 committee investigating Trump’s failed efforts to remain in office after his 2020 defeat to Joe Biden: Liz Cheney, who was ousted in a primary battle for her Wyoming seat, and Adam Kinzinger, who chose not to seek re-election in Illinois.Of the others, Jaime Herrera Beutler (Washington), Peter Meijer (Michigan) and Tom Rice (South Carolina) were beaten in primaries earlier this year, and Fred Upton (Michigan), Anthony Gonzalez (Ohio) and John Katko (New York) opted for retirement.Valadao released a statement on Monday night thanking his campaign staff and acknowledging his opponent, but not mentioning Trump, or his vote for his impeachment.“I am once again humbled by the Central Valley’s support and faith in me,” the statement said.“I commend Rudy Salas for running a strong campaign and his service to our community in the state assembly.”Valadao’s margin of victory in California’s district 22, where he campaigned on issues including crime, inflation and healthcare, was more than 3%, according to the New York Times.His seat, to which he was first elected in 2012, and recaptured in 2020 after defeat two years earlier, had been a midterms target for Democrats.The Times said Republican political action committees, including the Congressional Leadership Fund aligned to the House minority leader, Kevin McCarthy, spent more than $11m in advertising for Valadao.Trump never significantly engaged in the race, the Associated Press reported, and Valadao, a dairy farmer and son of Portuguese immigrants, had the endorsement of the state party as well as the support of McCarthy, who is seeking to become speaker.Valadao criticized Trump while he was in office for separating migrant families at the US border, and said the former president was a driving force in the 6 January 2021 violence at the US Capitol.Trump’s “inciting rhetoric was un-American, abhorrent, and absolutely an impeachable offense”, Valadao has said.His re-election gives Republicans 219 House seats, one more than needed for control, with Democrats on 212 and only a handful of races remaining to be called.TopicsUS midterm elections 2022US politicsRepublicansUS Capitol attackDonald TrumpnewsReuse this content More

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    Jury deliberations begin in January 6 sedition trial of Oath Keepers founder

    Jury deliberations begin in January 6 sedition trial of Oath Keepers founderJurors will decide if his actions amount to seditious conspiracy, which carries significant jail time As angry supporters of President Donald Trump stormed the US Capitol, ready to smash through windows and beat police officers, Oath Keepers founder Stewart Rhodes extolled them as patriots and harked back to the battle that kicked off the American revolutionary war.“Next comes our Lexington,” Rhodes told his fellow far-right extremists in a message on 6 January 2021. “It’s coming.”Jurors will begin weighing his words and actions on Tuesday, after nearly two months of testimony and argument in the criminal trial of Rhodes and four codefendants. Final defense arguments wrapped up late Monday.Oath Keepers called for ‘violent overthrow’ of US government, trial hearsRead moreHundreds of people have been convicted in the attack that left dozens of officers injured, sent lawmakers running for their lives and shook the foundations of American democracy. Now jurors in the case against Rhodes and four associates will decide, for the first time, whether the actions of any January 6 defendants amount to seditious conspiracy – a rarely used charge that carries both significant prison time and political weight.The jury’s verdict may well address the false notion that the 2020 presidential election was stolen, coming soon after 2022 midterm results in which voters rejected Trump’s chosen Republican candidates who supported his baseless claims of fraud. The outcome could also shape the future of the justice department’s massive and costly prosecution of the insurrection that some conservatives have sought to portray as politically motivated.Failure to secure a seditious conspiracy conviction could spell trouble for another high-profile trial beginning next month of former Proud Boys national chairman Enrique Tarrio and other leaders of that extremist group. The justice department’s January 6 probe has also expanded beyond those who attacked the Capitol to focus on others linked to Trump’s efforts to overturn the election.In the Oath Keepers trial, prosecutors built their case using dozens of encrypted messages sent in the weeks leading up to January 6. They show Rhodes rallying his followers to fight to defend Trump and warning they might need to “rise up in insurrection”.“We aren’t getting through this without a civil war. Prepare your mind, body and spirit,” he wrote shortly after the 2020 election.Three defendants, including Rhodes, took the witness stand to testify in their defense – a move generally seen by defense lawyers as a last-resort option because it tends to do more harm than good. On the witness stand, Rhodes, of Granbury, Texas, and his associates – Thomas Caldwell of Berryville, Virginia, and Jessica Watkins, of Woodstock, Ohio – sought to downplay their actions, but struggled when pressed by prosecutors to explain their violent messages.The others on trial are Kelly Meggs of Dunnellon, Florida, and Kenneth Harrelson of Titusville, Florida. Seditious conspiracy carries up to 20 years behind bars, and all five defendants also face other felony charges. They would be the first people convicted of seditious conspiracy at trial since the 1995 prosecution of Islamic militants who plotted to bomb New York City landmarks.The trial unfolding in Washington’s federal court – less than a mile from the Capitol – has provided a window into the ways in which Rhodes mobilized his group and later tried to reach Trump.‘We must defeat them’: new evidence details Oath Keepers’ ‘civil war’ timelineRead moreBut while authorities combed through thousands of messages sent by Rhodes and his codefendants, none specifically spelled out a plan to attack the Capitol itself. Defense attorneys emphasized that fact throughout the trial in arguing that Oath Keepers who did enter the Capitol were swept up in a spontaneous outpouring of election-fueled rage rather than acting as part of a plot.Jurors never heard from three other Oath Keepers who have pleaded guilty to seditious conspiracy.Over two days on the witness stand, a seemingly relaxed Rhodes told jurors there was no Capitol attack plan. He said he didn’t have anything to do with the guns some Oath Keepers had stashed at a Virginia hotel that prosecutors say served as the base for “quick reaction force” teams ready to ferry an arsenal of weapons across the Potomac River if necessary. The weapons were never deployed.Rhodes, a Yale Law School graduate and former Army paratrooper, said his followers were “stupid” for going inside. Rhodes, who was in a hotel room when he found out rioters were storming the Capitol, insisted that the Oath Keepers’ only mission for the day was to provide security for Trump ally Roger Stone and other figures at events before the riot.That message was repeated in court by others, including a man described as the Oath Keepers’ “operations leader” on January 6, who told jurors he never heard anyone discussing plans to attack the Capitol.A government witness – an Oath Keeper cooperating with prosecutors in hopes of a lighter sentence – testified that there was an “implicit” agreement to stop Congress’s certification, but the decision to enter the building was “spontaneous”.Prosecutors say the defense is only trying to muddy the waters in a clear-cut case. The Oath Keepers aren’t accused of entering into an agreement ahead of January 6 to storm the Capitol.Citing the civil war-era seditious conspiracy statute, prosecutors tried to prove the Oath Keepers conspired to forcibly oppose the authority of the federal government and block the execution of laws governing the transfer of presidential power. Prosecutors must show the defendants agreed to use force – not merely advocated it – to oppose the transfer of presidential power.TopicsUS newsUS politicsThe far rightUS Capitol attacknewsReuse this content More

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    Oath Keepers called for ‘violent overthrow’ of US government, trial hears

    Oath Keepers called for ‘violent overthrow’ of US government, trial hearsJurors hear closing arguments in seditious conspiracy trial of founder Stewart Rhodes and four associates of far-right group For weeks leading up to 6 January 2021, the Oath Keepers founder Stewart Rhodes and four associates of the far-right group discussed using violence to overturn the 2020 presidential election’s outcome, and when rioters started storming the US Capitol they saw an opportunity to do it, a federal prosecutor told jurors on Friday as the seditious conspiracy case wound toward a close.Prosecutor Kathryn Rakoczy said in her closing argument to jurors after nearly two months of testimony in the high-stakes case that Rhodes’s own words show he was preparing to lead a rebellion to keep Democrat Joe Biden out of the White House. Rhodes and his co-defendants repeatedly called for “violent overthrow” of the US government and sprang into action that day, she said.Seditious conspiracy is rarely proven. The Oath Keepers trial is a litmus testRead more“Our democracy is fragile,” Rakoczy said. “It cannot exist without the rule of law, and it will not survive if people dissatisfied with the results of an election can use force and violence to change the outcome.”The closing arguments began in Washington federal court after the final pieces of evidence were presented in the trial alleging Rhodes and his band of anti-government extremists plotted for weeks to interrupt the peaceful transfer of power from Republican Donald Trump to Biden.Rhodes’s attorney sought to downplay his violent rhetoric in the run-up to January 6, describing it as “venting” and insisting there was no agreement or conspiracy. Defense attorney James Lee Bright said Rhodes’s language was focused on persuading Trump to invoke the Insurrection Act over what he saw as a stolen election.Rhodes “wasn’t hiding his opinions, he wasn’t hiding any plans”, Bright told jurors. He was “as open as daylight with every plan on what he was asking President Trump to do”.Evidence presented by prosecutors shows Rhodes and his co-defendants discussing the prospect of violence and the need to keep Biden out of the White House in the weeks leading up to January 6, before stashing a cache of weapons referred to as a “quick reaction force” at a Virginia hotel across the Potomac River.On January 6, Oath Keepers wearing helmets and other battle gear were seen pushing through the pro-Trump mob there and into the Capitol. Rhodes remained outside, like “a general surveying his troops on a battlefield”, a prosecutor told jurors. After the attack, prosecutors said, Rhodes and other Oath Keepers celebrated with dinner at a local restaurant.Defense attorneys have spent weeks hammering prosecutors’ relative lack of evidence that the Oath Keepers had an explicit plan to attack the Capitol. Rhodes, who is from Texas, testified that he and his followers were only in Washington to provide security for rightwing figures including Roger Stone. Those Oath Keepers who did enter the Capitol went rogue and were “stupid”, he said.Rhodes testified that the mountain of writings and text messages showing him rallying his band of extremists to prepare for violence and discussing the prospect of a “bloody” civil war ahead of January 6 was only bombastic talk.The prosecutor sought to rebut suggestions that Rhodes’s rhetoric was simply bluster, telling jurors that his messages weren’t “ranting and raving” but were “deadly serious”.“The way they have appointed themselves to be above the law is why they are here today,” she said. “The sense of entitlement that led to frustration followed by rage and then violence – that is the story of this conspiracy.”Rhodes’s lawyer said his client was back at a hotel room eating chicken wings and watching TV when the first rioters started storming the Capitol. He noted that the Oath Keepers never deployed their “quick reaction force” arsenal.“You’re either the Keystone Cops of insurrectionists, or there is no insurrection,” he told jurors, referring to the inept police officers of silent movies.Two other defendants testified in the case. Jessica Watkins, of Woodstock, Ohio, echoed that her actions that day were “really stupid” but maintained she was not part of a plan and was “swept along” with the mob, which she likened to a crowd gathered at a store for a sale on the popular shopping day known as Black Friday.Defendant Thomas Caldwell, a navy veteran from Virginia, downplayed a chilling piece of evidence: messages he sent trying to get a boat to ferry weapons from Virginia across the Potomac into Washington. He testified that he was never serious about his queries, though he struggled to explain other messages referencing violence on January 6.Two other defendants, Kelly Meggs and Kenneth Harrelson, both from Florida, did not testify. Meggs’s attorney Stanley Woodward argued that there were thousands of people involved, and his client was not among the first people to enter the Capitol. Defense attorneys’ closing statements are expected to continue on Monday.The group is the first among hundreds of people arrested in the deadly Capitol riot to stand trial on seditious conspiracy, a rare civil war-era charge that calls for up to 20 years behind bars upon conviction. The justice department last secured such a conviction at trial nearly 30 years ago and intends to try two more groups on the charge later this year.TopicsUS Capitol attackUS politicsnewsReuse this content More