Eliana Willis

Michael Flynn sues Capitol attack committee in bid to block subpoenaLawsuit filed by longtime adviser to Donald Trump is the latest in a flood of litigation by targets of the committee Michael Flynn, a longtime adviser to Donald Trump, has sued the congressional committee investigating the deadly 6 January attack on the US Capitol in hopes of blocking it from obtaining his phone records.Flynn alleged in a lawsuit, filed in federal court in Florida, that a subpoena issued to him by the House of Representatives select committee was too broad in scope and punishes him for constitutionally protected speech as a private citizen.Flynn also alleged in the lawsuit that the committee “has no authority to conduct business because it is not a duly constituted select committee”.An appeals court has rejected that argument, ruling on 9 December that the committee was valid and entitled to see White House records Trump has tried to shield.The committee issued a subpoena to Flynn, Trump’s short-lived former national security adviser, in November, seeking testimony and documents about a “command center” at Washington’s Willard Hotel set up to steer efforts to deny Joe Biden his November 2020 election victory.After the election Flynn urged Trump to deploy the military to overturn the results and gave speeches sowing doubts about the vote.The select committee did not comment.Flynn’s lawsuit is the latest in a flood of litigation by targets of the committee, seeking to prevent it from enforcing its subpoenas.Alex Jones, the conspiracy theorist and founder of the rightwing website Infowars, filed a similar case on Monday.Trump has similarly sought to block the committee from obtaining his White House records from 6 January and the preceding days, asserting they are protected by a legal doctrine called executive privilege. An appeals court rejected Trump’s arguments last week. He is expected to appeal to the supreme court.Flynn was previously charged as part of former special counsel Robert Mueller’s investigation into Russian influence on the 2016 presidential election won by Trump.Flynn, a retired Army general, pleaded guilty to lying to the FBI about interactions he had with Russia’s ambassador to the US in January 2017. Trump later pardoned him.TopicsMichael FlynnUS Capitol attackDonald TrumpUS politicsnewsReuse this content More

Bob’s Burgers bans actor over alleged involvement in Capitol attack – reportJay Johnston ‘blacklisted’ by Fox and no longer allowed to voice character Jimmy Pesto Sr, the Daily Beast reports While conservative Fox News hosts continue to downplay the extent of the deadly attack on the US Capitol on 6 January – and their links to the president who incited it – another part of the Fox media empire appears to have cracked down on a personality alleged to have taken part: the actor and comedian Jay Johnston.Mark Meadows was at the center of the storm on 6 January. But only Trump could call it offRead moreAccording to a report by the Daily Beast, the Bob’s Burgers cast member has been “blacklisted” by Fox over his reported presence among supporters of Donald Trump who sought to violently overturn the presidential election.Johnston, 53, has not been charged or convicted of a crime, or even admitted he was at the Capitol on 6 January.Nonetheless, the Beast cited anonymous sources close to the makers of Bob’s Burgers as saying Johnston was no longer allowed to voice the character Jimmy Pesto Sr on the long-running cartoon sitcom.Johnston has appeared in 43 episodes of Bob Burger’s since 2011 but has been missing from the 12th season that began in September, the Beast said, adding that his final appearance to date was in a season 11 episode that last aired in May.Johnston was unavailable for comment, the Beast said, while Fox and Disney, which includes the show on its Disney+ streaming service, declined the chance to do so.Internet sleuths have identified Johnston as a man seen wearing a camouflage face mask at the Capitol and wanted by the FBI for questioning.The Beast quoted a tweet identifying Johnston by Cassandra Church, an actor who worked with him on the comedy podcast Harmontown.“I’m no detective, but I do know Jay,” Church tweeted in March. “He said he was there. And that’s him in the picture. So…”From Peril to Betrayal: the year in books about Trump and other political animalsRead moreIn a tweet subsequently deleted, Spencer Crittenden, who also featured in Harmontown, wrote that Johnston was “a craven Trump supporter and was there at the time”.Tim Heidecker, a comedy writer, claimed to have “fully confirmed through reliable sources” that “it’s Jay”, although he too later deleted his messages.Johnston’s reported treatment by his employer sits in stark contrast to that of Fox News personalities including Sean Hannity and Laura Ingraham who continue to push the false narrative that outside actors were involved in the insurrection.Both Hannity and Ingraham this week became entangled in the House investigation of the violence on 6 January, when it was revealed that they were among authors of text messages sent to the then White House chief of staff, Mark Meadows, urging him to persuade Trump to call off the mob.TopicsAnimation on TVUS Capitol attackFoxTelevisionnewsReuse this content More

Capitol attack panel subpoenas author of PowerPoint plan for coupTrump operative who outlined ‘Options for 6 Jan’ met with the president’s chief of staff repeatedly before the Capitol riot The House select committee investigating the Capitol attack on Thursday subpoenaed Trump operative Phil Waldron, the retired colonel whose PowerPoint recommending Donald Trump declare a national emergency to return himself to office was sent to the White House chief of staff.The subpoena to Waldron, demanding documents and testimony, marks the select committee’s focus on the PowerPoint and the extent that the document’s recommendations – as reported by the Guardian – were considered by the White House or the former president himself.Bennie Thompson, the chairman of the select committee, said in the subpoena letter he wanted to depose Waldron as part of their inquiry into the 6 January insurrection and determine the precise nature of his repeated contacts with Trump’s former chief of staff Mark Meadows.Thompson said the select committee was pursuing Waldron’s cooperation to also establish the nature of his visits to the White House, his briefings to members of Congress, and his participation in meetings held at the Willard hotel in Washington DC just before 6 January. “The document he reportedly provided to Administration officials and Members of Congress is an alarming blueprint for overturning a nationwide election,” Thompson said of the PowerPoint. “The Select Committee needs to hear from him.”The select committee subpoenaed Waldron after he emerged as an author of the PowerPoint titled “Election Fraud, Foreign Interference & Options for 6 Jan”, which ended up in Meadows’ personal email inbox – and he met with Meadows repeatedly before the Capitol attack.The PowerPoint recommended in brazen terms that Trump declare a national security emergency on the basis of lies about election fraud, and that then-vice president Mike Pence abuse his ceremonial role to stop Biden’s certification on 6 January, the Guardian first reported.The fact that Meadows was in possession of a PowerPoint that outlined steps to stage a coup, and met with its lead author almost a dozen times before the Capitol attack, is significant as it suggests the Trump White House knew of plans to stop Joe Biden’s certification.Senators and members of Congress should first be briefed about foreign interference, the PowerPoint said, at which point Trump could declare a national emergency, declare all electronic voting invalid, and ask Congress to agree on a constitutionally acceptable remedy.The PowerPoint also outlined three options for then vice-president Mike Pence to abuse his largely ceremonial role at the joint session of Congress on 6 January, when Biden was to be certified president, and unilaterally return Trump to the White House.In a letter to Meadows’ attorney, George Terwilliger, the select committee noted that among the 6,000 documents Meadows produced was an email accompanying the PowerPoint that indicated it was to be “presented on the Hill”, a reference to Congress.The contents of the PowerPoint was ultimately briefed to a number of Republican members of Congress on 4 January, according to a source familiar with the matter. The Washington Post reported that GOP senator Lindsey Graham was briefed by Waldron himself.The new subpoena for Waldron comes days after the select committee voted to recommend criminal prosecution for Meadows for his refusal to testify pursuant to a subpoena, and Waldron was unmasked in media reports as the lead author of the coup PowerPoint.In a statement, Terwilliger said that Meadows’ involvement with the PowerPoint did not go beyond the receipt of the presentation in his inbox, though Waldron’s claims that he met with Meadows numerous times at the White House appear to undercut that characterization.TopicsUS Capitol attackUS politicsnewsReuse this content More

Congressman Jim Jordan sent plans for Capitol attack to Mark MeadowsJordan forwarded a text to Meadows on 5 January, one of the congressman’s aides has confirmed, containing details of the plot The Ohio congressman Jim Jordan has been identified as the Republican who sent a message to Donald Trump’s chief of staff Mark Meadows the day before the deadly 6 January US Capitol riots outlining a plan to stop Joe Biden – the legitimate winner of the presidential election – from reaching the White House.The House select committee investigating the insurrection has been looking at numerous messages sent to Meadows on and around that day, many of which were from Trump supporters urging the then-president to call off a mob of his supporters as they ransacked the Capitol building.Meadows, whose role in events has become a central plank of the investigation, and who provided many of the messages to the committee, is facing possible contempt of Congress charges for withdrawing his cooperation.Jordan, a staunch Trump ally whom Republicans originally wanted to sit on the committee, forwarded a text message to Meadows on 5 January, one of the congressman’s aides has confirmed, containing details of the plot to block Biden.The message was sent to Jordan by Joseph Schmitz, a former US defense department inspector general who outlined a “draft proposal” to pressure vice-president Mike Pence to refuse to certify audited election returns on 6 January.A portion of the message was shown by Democratic committee member Adam Schiff on Tuesday. It read: “On January 6, 2021, Vice-President Mike Pence, as president of the Senate, should call out all electoral votes that he believes are unconstitutional as no electoral votes at all.”The plotters falsely believed Pence had the constitutional authority to reject the election results and allow rival slates of electors from Republicans in states that Biden won to decide the outcome. Pence refused to do so, and has since been castigated by Trump and his allies.Jordan was one of five Republicans rejected from serving on the committee by Nancy Pelosi, the House speaker who instead appointed Trump critics Liz Cheney and Adam Kinzinger. Some commentators say the move “saved” the committee’s integrity.The panel has accelerated its inquiries in recent days and weeks, issuing dozens of subpoenas, interviewing more than 300 witnesses and reviewing more than 30,000 documents as it attempts to tie Trump to the events of 6 January.A clearer picture has emerged of the involvement of Trump loyalists, including senior Republican party officials such as Jordan, in the coup attempt, with questions swirling this week particularly over the role of Meadows.Trump’s former chief of staff is revealed to have received numerous messages on the day of the riot from Republican politicians, Fox News television personalities such as Sean Hannity and Laura Ingraham, and the president’s son Donald Trump Jr.The text from Trump Jr was succinct. “We need an Oval address. He has to lead now. It has gone too far and gotten out of hand. He’s got to condemn this shit asap.”Meadows replied: “I’m pushing it hard. I agree.”Schiff, a California Democrat who led the prosecution in the Senate at Trump’s second impeachment in January, has argued that Meadows was at the heart of the pressure campaign on Pence, and voted for him to face contempt charges for his refusal to explain it.“You can see why this is so critical to ask Mr Meadows about,” Schiff said during the committee’s presentation on Tuesday.“About a lawmaker suggesting that the former vice-president simply throw out votes that he unilaterally deems unconstitutional in order to overturn a presidential election and subvert the will of the American people.”TopicsUS Capitol attackMark MeadowsOhioHouse of RepresentativesRepublicansDonald TrumpUS CongressnewsReuse this content More

Nuclear Biscuit, a simulated experience, allows US officials to wargame a missile attack and see the devastating consequences of their choices. 
Players experience what the president would have to do in the event of a nuclear crisis: make a decision that would end many millions of lives – and quite possibly civilisation on the planet – with incomplete information and in less than 15 minutes. Here’s a snippet of the game as completed by Julian Borger, our world affairs editor

‘15 minutes to save the world’: a terrifying VR journey into the nuclear bunker More

The network of election lawyers who are making it harder for Americans to voteVoting rights watchdogs have warned of a web of attorneys and groups, some who pushed Donald Trump’s big lie after the 2020 election A powerful network of conservative election lawyers and groups with links to Donald Trump have spent millions of dollars promoting new and onerous voting laws that many key battleground states such as Georgia and Texas have enacted.The moves have prompted election and voting rights watchdogs in America to warn about the suppression of non-white voters aimed at providing Republicans an edge in coming elections.The lawyers and groups spearheading self-professed election integrity measures include some figures who pushed Trump’s baseless claims of fraud after the 2020 election. Key advocates include Cleta Mitchell with the Conservative Partnership institute; J Christian Adams of the Public Interest Legal Foundation; Hans von Spakovsky of the Heritage Foundation; Jason Snead of the Honest Elections Project; and J Kenneth Blackwell with the America First Policy institute.Voting rights advocates frustrated by ‘same-old, same-old’ meeting with White House Read moreThese conservative outfits tout their goal as curbing significant voter fraud, despite the fact that numerous courts, the vast majority of voting experts and even former top Trump officials, such as ex-attorney general Bill Barr, concluded the 2020 elections were without serious problems.Watchdogs say that tightening state voting laws endanger the rights of Black voters and other communities of color who historically back Democrats by creating new rules limiting absentee voting and same day registration, while imposing other voting curbs.Among the election lawyers and groups advocating tougher voting laws, Mitchell, a veteran conservative lawyer , boasts the highest profile and has sparked the most scrutiny. She took part in the 2 January call where Trump prodded Georgia’s secretary of state Brad Raffensperger to “find” about 11,780 votes to overturn Joe Biden’s victory there. After details emerged about Mitchell’s role on the call, Foley & Lardner, where she had worked for nearly 20 years, mounted an internal review, and she resigned.Trump’s 2 January call also spawned a criminal investigation by Georgia’s Fulton county district attorney that could create problems for Mitchell, say ex-prosecutors, and may fuel scrutiny of the lawyer by the House committee looking into the 6 January Capitol attack. Mitchell, who reportedly raised $1m to help fund a baseless audit of Arizona’s largest county that Trump pushed aggressively, generated more controversy last month when she was named to an advisory board for the federal Election Assistance Commission with backing from her close legal ally Adams whose foundation Mitchell chairs.Using her perch at CPI and another post with the libertarian FreedomWorks that early this year announced a seven-state drive to revamp voting laws led by Mitchell, the lawyer has helped spearhead new state election measures and block two congressional bills – the John Lewis Voting Rights Advancement Act and the Freedom to Vote Act – which Democrats have been trying to enact to counter the wave of new state laws.According to an October update from the Brennan Center for Justice, 19 states had enacted 33 new laws this year that “will make it harder for Americans to vote”.To press for new state voting laws, Mitchell has worked closely with some key groups quietly backing new measures such as the American Legislative Exchange Council, a powerful and shadowy group of state legislators that historically promotes model bills where she used to be outside counsel.At an Alec meeting on 1 December in California, Mitchell helped lead a secretive “process working group” session devoted to election and voting law changes and related matters that included several top legal allies such as Adams and Von Spakovsky, according to reports from the Center for Media and Democracy, and Documented.Adams’ foundation, which in 2020 received about $300,000 from the Bradley Foundation whose board includes Mitchell, has brought lawsuits to defend some of the tough new voting laws in Texas and other states.Top funders of the right’s armada include a family foundation tied to billionaire Richard Uihlein, the Bradley Foundation, and two dark money giants, the Concord Fund and Donors Trust, according to public records.Legal watchdogs raise strong concerns about the new laws promoted by the right in numerous states such as Georgia and Texas, and note that the arguments for changing voting rules seem rife with contradictions.“During the 2021 legislative session, we saw anti-voter organizations push cookie-cutter legislation restricting the right to vote in legislatures across the country,” said Danielle Lang, senior director of voting rights at the nonpartisan Campaign Legal Center“The same language appeared in state after state without regard for the state’s particular needs. For example, strict cutbacks on access to vote by mail were introduced in states that had wholly positive vote by mail experiences in 2020,” she added.Such complaints have not deterred the legislative blitz by Mitchell with allied lawyers and groups nationwide to change voting laws.Mitchell declined to answer questions from the Guardian about her voting law work or the Georgia probe, though in an interview early this year with the AP she boasted “I love legislatures and working with legislators”, and revealed that she talks to Trump “fairly frequently”, but provided no details.Mitchell’s ties to Mark Meadows, Trump’s ex chief of staff, are palpable, too, including post election as a frenzied and baseless drive was under way to overturn Trump’s loss.On 30 December, according to the Washington Post magazine, Mitchell wrote Meadows and “offered to send some 1,800 pages of documents purporting to support claims of election fraud”.Meadows, who also has a senior post at CPI, now faces contempt charges for reneging on testifying to the House panel about the 6 January Capitol attack and earlier efforts to block Biden from taking office.Mitchell’s effort to support Trump’s baseless case during the 2 January call with Raffensperger could pose new headaches for the lawyer as the Fulton county district attorney’s investigation proceeds. During the call, Mitchell claimed to have evidence of voter fraud, but a top lawyer for Raffensperger’s office replied she was mistaken and faulted her data.“You can’t make yourself much more of a participant to Trump’s efforts that day than actually making statements during the call,” said Michael J Moore, a former US attorney in Georgia. “That’s what Ms Mitchell did. That conduct alone will be enough bait to get the attention of the prosecutors. Whether it’s enough to snare her in the trap, only the DA and the grand jury can answer that.”TopicsUS voting rightsRepublicansUS elections 2020Donald TrumpnewsReuse this content More

Capitol attack panel recommends Mark Meadows for criminal prosecutionIn a unanimous vote, the committee said Donald Trump’s former chief of staff attempted to obstruct the 6 January investigation02:23The House select committee investigating the Capitol attack on Monday voted to recommend the criminal prosecution for former Trump White House chief of staff Mark Meadows, punishing Donald Trump’s most senior aide for refusing to testify about the 6 January insurrection.The select committee advanced the contempt of Congress report for Meadows unanimously, sending the matter to a vote before the full House of Representatives, which is expected to approve the citation as soon as Tuesday.Bennie Thompson, the chair of the select committee, said in an opening statement before the panel recommended Meadows’ referral to the justice department that Trump’s former White House chief of staff displayed willful noncompliance in his defiance of his subpoena.Trump rails against Meadows for revealing Covid test cover-up – reportRead more“It comes down to this,” Thompson said. “Mr Meadows started by doing the right thing: cooperating. He handed over records that he didn’t try to shield behind some excuse. But in an investigation like ours, that’s just a first step.“When the records raise questions – as these most certainly do – you have to come in and answer those questions. And when it was time for him to follow the law, come in, and testify on those questions, he changed his mind and told us to pound sand. He didn’t even show up.”The select committee said in the contempt report they were seeking charges against Meadows after he attempted to obstruct the investigation in myriad ways, from refusing to testify to frustrating their efforts to locate and discover documents relevant to the Capitol attack.The select committee also said Meadows should be prosecuted since he refused to testify even about information he voluntarily provided to the panel through his own document production and conceded were not covered by claims of executive privilege advanced by Trump.And over the course of a near-hour-long business meeting, the select committee outlined in detail the materials Meadows had turned over to the panel – and how Meadows then promptly refused to testify about those very records.Meadows turned over about 9,000 documents as part of a cooperation deal, the select committee said, in his effort to engage with the inquiry to a degree in order to avoid an immediate criminal referral that befell other Trump administration aides who defied subpoenas.Among the materials Meadows turned over to the select committee was a PowerPoint presentation titled “Election Fraud, Foreign Interference and Options for 6 JAN”, which recommended Trump declare a national security emergency to unilaterally return himself to office.He also turned over text messages – read out loud by the select committee’s vice chair, Liz Cheney – that he received as the 6 January riot unfolded, including from Trump’s eldest son, Don Jr, who implored him “we need an Oval Office address” to stop the Capitol attack.Meadows received more texts, the select committee said, from an unnamed lawmaker, who messaged him the day after the Capitol attack: “Yesterday was a terrible day. We tried everything we could in our objection to the 6 states. I’m sorry nothing worked.”But his cooperation with the select committee ended with the document production and Meadows informed the panel last week that he would not answer questions because he had come to learn that House investigators had subpoenaed call detail records for his personal phone.The select committee said Meadows’ refusal to testify constituted noncompliance with his subpoena, which was first issued months before in September, and initiated proceedings to recommend that the House hold him in contempt of Congress.The move by the select committee poses damaging consequences for Trump’s most senior aide: if approved by the House, the justice department is required to take the matter before a grand jury, which previously indicted Trump strategist Steve Bannon for subpoena defiance.A successful contempt prosecution could result in up to a year in federal prison, $100,000 in fines, or both – although the misdemeanor charge may not ultimately lead to his cooperation, and pursuing the offense could still take years.The select committee targeted Meadows from the outset of the investigation as it sought to uncover the extent of his role in Trump’s scheme to subvert the results of the 2020 election and stop the certification of Joe Biden’s election win from taking place on 6 January.The Guardian previously reported, for instance, that hours before the Capitol attack, Trump made a call from the White House to operatives working from the Willard hotel in Washington DC and pressed them about stopping Biden from being named president.But House investigators said in a 51-page contempt report for Meadows that they had also wanted to question him about a range of issues about the 6 January insurrection, including an email he sent that said the National Guard would be there to “protect pro Trump people”.The select committee said they wanted to ask about text messages and emails about having state legislatures send Trump slates of electors to Congress – a plan that one congressman told him was “highly controversial”, to which Meadows responded, “I love it”.House investigators said in the contempt report that they wanted to depose Meadows about texts he sent in December 2020 about installing Trump justice department official Jeffrey Clark as acting attorney general, as well as texts to organizers of the 6 January rally.The select committee said it also had questions about why Meadows used a personal cellphone, an encrypted Signal messaging app and two personal Gmail accounts for official business – and whether their contents had been turned over to the National Archives.Counsel for the select committee noted additionally that it was untenable for Meadows to claim executive privilege protection as a way to dodge testifying before the panel after he wrote about potentially privileged conversations with Trump in his new book.“Mr Meadows has shown his willingness to talk about issues related to the select committee’s investigation across a variety of media platforms – anywhere, it seems, except to the select committee,” the panel said in the contempt report.During the contempt vote, the select committee beamed screenshots of texts he had received on his personal cellphone from lawmakers on 6 January and, crucially, a passage from his book that described a private conversation he had with Trump as rioters breached the Capitol.The select committee showed Meadows wrote in his book: “When he got offstage, President Trump let me know that he had been speaking metaphorically about the walk to the Capitol. He knew as well as anyone that we couldn’t organize a trip like that on such short notice.”The move to recommend Meadows’ criminal prosecution marks the third such instance by the select committee, after it first approved a contempt of Congress citation against Bannon in October, and then against Clark last month, for defying subpoenas.TopicsUS Capitol attackHouse of RepresentativesTrump administrationUS politicsDonald TrumpnewsReuse this content More