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    The fake elector defense: what Trump allies are saying to justify the 2020 scheme

    Three allies of Donald Trump were charged in Wisconsin Tuesday for their roles in advancing the fake electors plan, but the 10 fake electors themselves have not yet been criminally charged.That might be because the Wisconsin fake electors, like other fake electors across the US, have said in media interviews they were misled to believe their documents could only be used if court challenges went for the former president. Others have said they were following lawyers’ advice when they signed on.Wisconsin attorney general Josh Kaul’s office has said it is still investigating and hasn’t ruled out charges against the individual electors, who have faced a civil suit they settled by agreeing not to serve as electors for Trump again.In April, 18 people were charged in Arizona in that state’s inquiry into the fake elector scheme. Defense attorneys representing some of those charged in Arizona have used similar justifications, saying they were following lawyers’ advice when they signed on.One told the Arizona Republic that his client, Jim Lamon, was relying on “lawyers from back east” who said the slates would only be used if the state’s results changed. Another told the paper that there wouldn’t be any evidence of their client’s intent to commit fraud or forgery because they got legal advice from Trump’s lawyers that led them to believe they weren’t doing anything wrong.These claims pop up frequently by fake electors and those involved in the scheme to overthrow the 2020 election results, as do other defenses relying on historical precedent and changing election law. Defenders of the fake electors cite a 1960 election in Hawaii and changes to congressional procedure to count electoral votes among their justifications..Some of the defenses have shown up in legal motions in Georgia, which is further along in its case against some fake electors there. But the justifications are largely happening online as the cases move more slowly than the internet, with rightwing influencers saying the scheme had a historical precedent and wasn’t illegal.Edward Foley, an election law expert at Ohio State University, has started to see the false electors in two tiers: those who were clearly in “cahoots with Trump” and intended to subvert the election’s outcome, and others who were duped. Andy Craig, director of election policy at the Joseph H Rainey Center, has come around to this idea as well, saying it depends heavily on the facts in each fake elector’s case, but some of them did seem misled.“I do think, to my mind, it’s fair to say that some of these fake electors are the victims of Trump’s fraud and [Rudy] Giuliani’s fraud,” Foley said. “They were relatively low-level political operatives who were trying to do something for the team and were doing it because the leader of their team was asking them to. That doesn’t justify what they did, but I’m not sure I would think criminal punishment would be appropriate for them because again, I think they’re the victims of the crime, not the perpetrators.”In Georgia, prosecutors granted many of the fake electors, nearly all of them little-known party loyalists, immunity from prosecution. Only three of the 16 have been charged criminally, all of whom appear to have a more hands-on role in the scheme.And in Pennsylvania and New Mexico, for example, the fake electoral certificates contained a caveat that they would only be considered valid if courts eventually ruled in Trump’s favor and deemed him the legitimate winner. Fake electors in those states have not faced prosecution in large part because of that language.As a reminder, the US doesn’t elect presidents via a popular vote. Instead, voters in each state turn out at the polls, which dictates a slate of electoral votes that get sent to Congress, called the electoral college. Whichever candidate wins the electoral vote wins the presidency, and this is sometimes different from who wins the popular vote. At issue in the fake electors scheme is that Trump supporters signed falsely that Trump had won their states’ votes, when in reality Biden had won.Other defensesLegal experts say the fake electors’ other defenses hold less water – the 2020 scheme is much different than the 1960 Hawaii election, and any changes in the Electoral Count Reform Act don’t affect the illegality of what the false electors did.The 1960 Hawaii election, which involved two slates of electors, is a long-running justification on the right for the fake electors. In 1960, Nixon narrowly led Kennedy initially in Hawaii, though the margin was so small it kicked off a recount. Before the recount could be completed, the state had to send its electoral votes to Congress for counting, so electors for both Kennedy and Nixon signed separate documents saying they were the state’s electors and sent them off.After the recount, the results showed Kennedy actually won the state, and so Kennedy’s electors met again to sign that he won. Nixon, who was presiding over the electoral count in Congress as vice-president, accepted this final submission. No one got in trouble for the previous slates, though it was also possibly illegal for the Democrats to have met and signed as though Kennedy won before the recount concluded. Hawaii’s votes didn’t affect who won the presidency, as Kennedy had already clinched the win.“Hawaii is a very odd situation because it ultimately ended with then vice-president Nixon, who was one of the candidates, being willing to accept the Kennedy slate, which didn’t matter one way or the other, wasn’t going to affect the outcome of the electoral college majority” Foley said. “It was sort of like a politician trying to be magnanimous.”Influencers like Charlie Kirk, the leader of rightwing youth organization Turning Point USA, brought up Hawaii after the Arizona charges. In a post on X, Kirk cited the “precedent created by Democrats” in Hawaii in 1960.“The Arizona Trump electors were doing what they thought was a legally necessary step as part of a wider political and electoral dispute,” Kirk wrote. “They acted in the belief that Donald Trump was the true winner of Arizona in the 2020 election.”The major difference: there was a legitimate, ongoing, good faith debate over who won in Hawaii, and a razor-thin margin of less than 200 votes that led to a full recount. By contrast, the margins in the seven states involved in the 2020 plan were much higher, and legal avenues to overturn results had largely run out.“All of these states were won by bigger margins, far beyond what any kind of recount or litigation was ever realistically going to overturn,” Craig said. “And so there was no good basis to believe that the results would legitimately flip in these states.”Another line of defense, used less frequently, revolves around changes to the electoral count process after the fake electors scheme in 2020.Rightwing commentator Mike Cernovich said after the Arizona changes that “multiple electors were LEGAL until the law was recently amended”, presumably a reference to the changes to the Electoral Count Act.The original Electoral Count Act stemmed from the contentious mess of the 1876 election, where there were multiple competing slates of electors and no consensus over who had won the election. It spelled out the process and deadlines for how states would send electoral votes and how Congress would count them.“What the Electoral Count Act did and still continues to do is to furnish Congress with a procedure to evaluate competing claims by competing slates of electors,” said Jim Gardner, an election law expert at the University at Buffalo School of Law. “And that’s all it does. So it is a piece of congressional self-regulation. It does not in any way regulate the behavior of other parties outside Congress.”The 2022 reform act makes clear that the vice-president, when presiding over the count, can’t use their role to get involved in disputes over electors – stemming from the effort to pressure then vice-president Mike Pence to throw out the Biden electors in key states.It also says that governors must certify the electors and send them to Congress. None of the Trump fake electors were certified by their states’ governments, a required part of the process for Congress to accept a slate.These changes, though, aren’t evidence that fake electors were allowed under the act before it was amended, legal experts say. Additionally, the charges these electors face in some states are violations of state-level laws against forging documents or committing fraud – not violations of a federal law to count electoral votes.“I don’t think it’s correct to say that somehow it’s an acknowledgement that any fake submission before this was not criminal,” Foley said.Sam Levine contributed reporting More

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    Donald Trump is now a convicted criminal. Do voters care?

    The 34 verdicts were all the same: guilty. Last week Donald Trump became the first former or serving US president to have been convicted of a crime. He was found to have falsified business records to hide ‘hush money’ paid to cover up a sex scandal he feared would hinder his run for office in 2016. Not long ago, it would have been a career-ending verdict. Instead, Trump has come out fighting, claiming the case was politically motivated. And, says David Smith, it has left Joe Biden in a quandary: if he focuses on the verdict he risks playing into Trump’s narrative that he was behind the prosecution. Alice Herman, who lives in the swing state of Wisconsin, has spoken to local voters about how the guilty verdict will affect their election decisions. The answers were not as decisive as Biden may have hoped. Many said they did not care about the outcome and that it had only confirmed their voting intentions for or against Trump. With a small number of voters enough to make a big difference, Michael Safi asks what Biden can do to shift the dial. More

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    US House passes ICC sanctions bill over Netanyahu arrest warrant request

    The House passed legislation on Tuesday that would sanction the international criminal court after its chief prosecutor requested arrest warrants for Israeli prime minister Benjamin Netanyahu and other Israeli officials.The 247-155 vote amounts to Congress’s first legislative rebuke of the war-crimes court since prosecutor Karim Khan’s decision last month to seek arrest warrants for the leaders of Israel and Hamas. The move was widely denounced in Washington, creating a rare moment of unity on Israel even as partisan divisions over the war with Hamas intensified.While the House bill was expected to pass Tuesday, it was not likely to attract significant Democratic support, dulling its chances in the Senate. The White House opposes the legislation, calling it overreach.Both the Republican and Democratic leaders of the House foreign affairs committee acknowledged the bill is unlikely to become law and left the door open to further negotiation with the White House. They said it would be better for Congress to be united against the Hague-based court.“We’re always strongest, particularly on this committee, when we speak with one voice as one nation, in this case to the ICC and to the judges,” GOP representative Mike McCaul, chair of the foreign affairs Committee, said during House debate. “A partisan messaging bill was not my intention here but that is where we are.”State department spokesperson Matt Miller reiterated the administration’s opposition to the sanctions bill.“We have made clear that while we oppose the decision taken by the prosecutor of the ICC, we don’t think it is appropriate, especially while there are ongoing investigations inside Israel looking at somebody’s very same questions, and we were willing to work with Congress on what a response might look like, but we don’t support sanctions,” Miller said.The House bill would apply sweeping economic sanctions and visa restrictions to individuals and judges associated with the ICC, including their family members. Democrats labeled the approach as “overly broad”, warning it could ensnare Americans and US companies that do important work with the court.“This bill would have a chilling effect on the ICC as an institution, which could hamper the court’s efforts to prosecute the dubious atrocities that have been perpetrated in many places around the world, from Ukraine to Uganda,” said representative Gregory Meeks, the top Democrat on the foreign affairs committee.The legislation reprimanding the ICC was just the latest show of support from House Republicans for Israel since Hamas killed around 1,200 people in an attack on Israel on 7 October 2023 and abducted at least an additional 250 people. Republicans have held several votes related to Israel in recent months, highlighting divisions among Democrats over support for the US ally.Congressional leaders have invited Netanyahu to address a joint meeting of Congress this summer, which is likely to further inflame tensions over Israel’s handling of the war. Many Democrats are expected to boycott the speech.Both the ICC and the United Nations’ highest court, the International Court of Justice, have begun to investigate allegations that both Israel and Hamas have committed genocide during the seven-month war.Last month, prosecutor Khan accused Netanyahu; his defense minister, Yoav Gallant; and three Hamas leaders, Yahya Sinwar, Mohammed Deif and Ismail Haniyeh of war crimes and crimes against humanity in the Gaza Strip and Israel.Netanyahu and other Israeli leaders condemned the ICC’s move as disgraceful and antisemitic. President Joe Biden and members of Congress also lambasted the prosecutor and supported Israel’s right to defend itself.“Failing to act here in the Congress would make us complicit with the ICC’s illegitimate actions and we must not stay silent,” McCaul said. “We must stand with our allies.”Last week, an investigation by the Guardian, the Israeli-Palestinian publication +972 Magazine and the Hebrew-language outlet Local Call revealed a covert Israeli campaign to derail the ICC’s inquiry into war crimes committed in the occupied Palestinian territories.The investigation detailed how, for close to a decade, Israel deployed its intelligence agencies to surveil and pressure senior ICC staff in an effort to thwart the court’s work, going so far as to deploy the head of the Mossad, Israel’s foreign intelligence agency, to allegedly threaten the court’s former chief prosecutor. More

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    Andy Kim wins Democratic primary in race for Bob Menendez’s Senate seat

    Democratic congressman Andy Kim has won New Jersey’s Senate primary, putting him in strong position for the general election in the blue-leaning state, though the win comes a day after Democratic senator Bob Menendez filed to run as an independent amid his federal corruption trial.Menendez, who has denied allegations that he accepted bribes to promote the interests of the Egyptian government, has chosen not to seek the Democratic Senate nomination. Kim’s win comes after a bruising battle that led New Jersey first lady Tammy Murphy to withdraw from the race in March.But Menendez has not opted out of the Senate race entirely, as he officially filed for re-election as an independent candidate on Monday, allowing him to continue raising money, which can be used to help cover his hefty legal bills, but his chances of victory in November appear non-existent. According to a poll conducted by Fairleigh Dickinson University last month, Menendez is only attracting 6% or 7% of the vote in hypothetical general election match-ups.In the Republican Senate contest, hotelier Curtis Bashaw defeated Mendham Borough mayor Christine Serrano Glassner.Bashaw centered his campaign in part on ending “one-party monopoly” in New Jersey, where state government is led entirely by Democrats, and on sending a conservative to Washington. It’s unclear whether that message will resonate with general election voters, who have not elected a Republican to the Senate in more than five decades. Registered Democrats outnumber Republicans by about 1 million in New Jersey.Menendez’s legal troubles have also jeopardized the political future of his son, freshman congressman Rob Menendez. Hoboken’s mayor, Ravi Bhalla, has launched a primary challenge against Rob Menendez in New Jersey’s eighth congressional district, and the two candidates have nearly matched each other in fundraising hauls. Though Rob Menendez has not been implicated in his father’s alleged crimes, Bhalla has focused his campaign messaging on the need to crack down on corruption and to “return power to the people”. The winner of the primary is overwhelmingly favored to win the general election in November, as the Cook Political Report rates the district as solidly Democratic.New Jersey voters were also picking House candidates, with some of the most closely watched races having some tie to Menendez.In the eighth district, US representative Rob Menendez, the son of Senator Menendez, won his Democratic primary over Hoboken Mayor Ravi Bhalla.Rob Menendez said Bhalla’s heavy focus on his father showed he was afraid to take on the representative directly.Menendez, an attorney and former Port Authority of New York and New Jersey commissioner, first won election in northern New Jersey’s eighth district in 2022, succeeding Albio Sires.He has been a lonely voice of support for his father amid his legal woes.The eighth district includes parts of Elizabeth, Jersey City and Newark.In the third district, Assemblyman Herb Conaway won the Democratic primary to succeed Kim.skip past newsletter promotionafter newsletter promotionBeyond New Jersey, four other states – Iowa, Montana, New Mexico and South Dakota – and Washington DC have primary elections on Tuesday. In Iowa, two House Republicans – Mariannette Miller-Meeks in the first district and Randy Feenstra in the fourth district – have drawn primary challenges. Feenstra’s district is viewed as safely Republican in the general election, but the Cook Political Report rates Miller-Meeks’ seat as likely Republican, creating a potential opportunity for Democrats in November.In Montana, the Republican governor, Greg Gianforte, faces a primary challenger, and the winner of that race will likely compete against first-time Democratic candidate Ryan Busse, a former firearms executive turned gun industry critic, in November. But Busse will face an uphill battle in the gubernatorial race, as Donald Trump won Montana by 16 points in 2020.Despite Montana’s Republican leanings, Democratic incumbent Jon Tester is keeping the Senate race close as he seeks a fourth term. In the general election, Tester will likely compete against Republican Tim Sheehy, a businessman and former Navy Seal who is widely expected to win his party’s Senate nomination on Tuesday.New Mexico’s incumbent Democratic senator, Martin Heinrich, is running unopposed in his primary, and he will go on to face off against Republican Nella Domenici, former chief financial officer of the hedge fund Bridgewater Associates. The Cook Political Report rates New Mexico’s Senate race as solidly Democratic, but one of the state’s House races is viewed as among the most competitive in the nation. Freshman Democratic congressman Gabe Vazquez will have a rematch against former Republican congresswoman Yvette Herrell in New Mexico’s second congressional district, after he defeated the then incumbent by less than one point in 2022. Both Vazquez and Herrell are running unopposed in their primaries, so they are already gearing up for the general election.While much attention will be paid to congressional primaries on Tuesday, all five voting states and Washington DC will simultaneously hold their presidential primaries as well. Biden and Trump have already secured enough delegates to lock up their parties’ nominations, but the results on Tuesday will offer some of the first insight into Republican primary voters’ views following the former president’s felony conviction in New York last week.Although former UN ambassador Nikki Haley dropped out of the Republican presidential primary in March, she has continued to win support in recent contests. In Maryland’s Republican presidential primary last month, Haley won nearly 23% of the vote. Leaders of both parties will be watching closely to see how Haley’s vote share might rise – or fall – after Trump’s conviction, and her performance could offer significant clues about the electorate heading into the general election.Associated Press contributed to this report More

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    Arizona legislature overrules governor on proposal criminalizing non-citizens

    The Republican-controlled Arizona legislature gave final approval Tuesday to a proposal asking voters to make it a state crime for non-citizens to enter the state through Mexico at any location other than a port of entry, sending the measure to the 5 November ballot.The vote came as Joe Biden unveiled plans Tuesday to restrict the number of people seeking asylum at the US-Mexico border, saying: “This action will help to gain control of our border, restore order to the process.”Arizona’s proposal, approved on a 31-29 vote by the state house, would allow state and local police to arrest people crossing the border without authorization. It would also give state judges the power to order people convicted of the offense to return to their countries of origin.The proposal bypasses the Democratic governor Katie Hobbs, who had vetoed a similar measure in early March and has denounced the effort to bring the issue to voters.House Republicans closed access to the upper gallery of the chamber before the session started Tuesday, citing concerns about security and possible disruptions. The move immediately drew the criticism of Democrats, who demanded that the gallery be reopened.“The public gallery should be open to the public. This is the people’s house,” said the state representative Analise Ortiz.House representatives voted along party lines, with all Republicans voting in favor of the proposal and all Democrats voting against it. Earlier, the Arizona senate also approved the proposal on a 16-13 party-line vote.Supporters of the bill said it was necessary to ensure security along the state’s southern border, and that Arizona voters should be given the opportunity to decide the issue themselves.“We need this bill and we must act on it,” said state representative John Gillette, a Republican.Opponents called the legislation unconstitutional and said it would lead to racial profiling, separating children from parents and creating several millions of dollars in additional policing costs that the state can ill afford.“It is not a solution. It is election-year politics,” said representative Mariana Sandoval, a Democrat.While federal law already prohibits the unauthorized entry of people into the US, proponents of the measure say it’s needed because the federal government hasn’t done enough to stop people from crossing illegally over Arizona’s vast, porous border with Mexico. They also said some people who enter Arizona without authorization commit identity theft and take advantage of public benefits.Opponents say the proposal will inevitably lead to racial profiling by police and saddle the state with new costs from law enforcement agencies that don’t have experience with immigration law, as well as hurt Arizona’s reputation in the business world.Supporters have waved off racial-profiling concerns, saying local officers would still have to develop probable cause to arrest people who enter Arizona between the ports of entry.Backers also say the measure focuses only on the state’s border region and – unlike Arizona’s landmark 2010 immigration law – doesn’t target people throughout the state. Opponents point out the proposal doesn’t contain any geographical limitations on where it can be enforced within the state.skip past newsletter promotionafter newsletter promotionThe proposal is similar to a Texas law that has been put on hold by a federal appeals court while it’s being challenged. But the Arizona ballot proposal contains other provisions that aren’t included in the Texas measure and aren’t directly related to immigration. Those include making it a felony punishable by up to 10 years in prison for selling fentanyl that leads to a person’s death, and a requirement that some government agencies use a federal database to verify a non-citizen’s eligibility for benefits.Warning about potential legal costs, opponents pointed to Arizona’s 2005 immigrant smuggling ban used by then Maricopa county Sheriff Joe Arpaio to carry out 20 large-scale traffic patrols that targeted immigrants. That led to a 2013 racial-profiling verdict as well as taxpayer-funded legal and compliance costs that now total $265m and are expected to reach $314m by July 2025.Under the current proposal, a first-time conviction of the border-crossing provision would be a misdemeanor punishable by up to six months in jail. State judges could order people to return to their countries of origin after completing a term of incarceration, although the courts would have the power to dismiss cases if those arrested agree to return home.The measure would require the state corrections department to take into custody people who are charged or convicted under the measure if local or county law enforcement agencies don’t have enough space to house them.The proposal includes exceptions for people who have been granted lawful-presence status or asylum by the federal government.The provision allowing for the arrests of people crossing the border in between ports would not take effect until the Texas law or similar laws from other states have been in effect for 60 days.This isn’t the first time Republican lawmakers in Arizona have tried to criminalize people who aren’t authorized to be in the United States.When passing its 2010 immigration bill, the Arizona legislature considered expanding the state’s trespassing law to criminalize the presence of immigrants and impose criminal penalties. But the trespassing language was removed and replaced with a requirement that officers, while enforcing other laws, question people’s immigration status if they were believed to be in the country illegally.The questioning requirement was ultimately upheld by the US supreme court despite the racial-profiling concerns of critics, but courts barred enforcement of other sections of the law. More

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    Merrick Garland hits back at Trump and Republicans: ‘I will not be intimidated’

    US attorney general Merrick Garland has defended his stewardship of the justice department in a combative display on Capitol Hill that saw him accusing Republicans of attacking the rule of law while telling them he “will not be intimidated.”Testifying before the House judiciary committee, Garland accused GOP congressmen of engaging in conspiracy theories and peddling false narratives.“I will not be intimidated,” Garland told lawmakers. “And the justice department will not be intimidated. We will continue to do our jobs free from political influence. And we will not back down from defending our democracy.”Garland’s fiery speech pushed back hard on the claim that the prosecution of Donald Trump – in the hush-money case that last week resulted in the president being convicted of 34 felony charges – was “somehow controlled by the justice department”.He described Republican attacks on the justice department under his watch as “unprecedented and unfounded”, vowing not to allow them to influence his decision-making.Garland also upbraided Trump for claiming the FBI had been “authorized to shoot him” dead when they raided his Mar-a-Lago home in Florida to retrieve classified documents in 2022.“This is dangerous,” Garland told the committee. “It raises the threats of violence against prosecutors and career agents. The allegation is false.”Garland, 71, is currently overseeing special prosecutor Jack Smith’s investigations into Trump, and a prosecution of Joe Biden’s son Hunter. He was summoned to testify amid Republican assertions that the justice department had been “weaponised” against the former president, a claim Trump has stoked.His appearance came as he faces the likelihood of being held in contempt of congress for declining to hand over audio recordings of an interview between another special prosecutor, Robert Hur. Hur was appointed by Garland to investigate Joe Biden’s alleged mishandling of classified documents, an offence similar to some of those for which Trump is being investigated.Hur concluded that Biden had committed no crime but raised questions about Biden’s age and allegedly poor memory.Referring to Republican threats to hold him in contempt, Garland said: “I view contempt as a serious matter. But I will not jeopardize the ability of our prosecutors and agents to do their jobs effectively in future investigations.”A full transcript of Biden’s interview with Hur was made public. But the White House rejected Republican demands for the audio to be released, arguing that it served no useful purpose other than to enable the president’s opponents to splice the recording to make him appear confused, perhaps by emphasizing his stammer.Garland said releasing the audio could have the effect of deterring future witnesses from cooperating in justice department investigations if they thought their words might be made public.In his opening statement, he said the Republicans were “seeking contempt as a means of obtaining – for no legitimate purpose – sensitive law enforcement information that could harm the integrity of future investigations”.“This effort is only the most recent in a long line of attacks on the justice department’s work,” he added.The committee chairman, Jim Jordan – a rightwinger Republican from Ohio – set the tone for the hearing, saying: “Justice is no longer blind in America. Today it’s driven by politics. Example number one is President Trump.”Matt Gaetz, another hard-right Republican from Florida, accused Garland of dispatching a former justice department official, Matthew Colangelo, to Manhattan, where he now serves as assistant district attorney and helped prepare the case against Trump.Garland replied: “That is false. I did not dispatch Colangelo.” More

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    Democrats decry Biden executive order turning away some asylum seekers

    Progressive Democrats and immigration advocates have shared their outrage after Biden signed an executive order on Tuesday that would turn away some asylum seekers.Biden’s order will temporarily shut down the US-Mexico border to asylum seekers attempting to enter the country legally when authorities have determined that the border is “overwhelmed”.The president said the order comes after Republicans rejected a bipartisan immigration deal that would have changed several areas of US immigration policy.“Today, I’m moving past Republican obstruction and using the executive authorities available to me as president to do what I can on my own to address the border,” Biden said during remarks on the order on Tuesday.“Frankly, I would have preferred to address this issue through bipartisan legislation, because that’s the only way to actually get the kind of system we have now that’s broken fixed – to hire more border patrol agents, more asylum officers, more judges.”US representative Nanette Barragán of California, who chairs the Congressional Hispanic caucus, said Tuesday morning that she was “disappointed” in Biden’s direction with immigration policy, the New Republic reported.View image in fullscreenCalifornia representative Judy Chu, chair of the Congressional Asian Pacific American caucus, said she was “disappointed at the enforcement-only strategies” announced by Biden.“Rather than address humanitarian issues at the border effectively and with the nuance they deserve, today’s actions will gut protections for countless migrants exercising their legal right to claim asylum,” she said.US representative Raúl Grijalva, whose Arizona district borders Mexico, said that the order is a “significant departure from President Biden’s promise of a more humane and just approach to immigration”.He added: “It tramples on the universal right to claim asylum and prevents migrants from attempting to legally access safety and security in the United States. It is ripe for legal challenges and antithetical to our values.”The American Civil Liberties Union denounced Biden’s executive order and said they will be challenging it in court.“The Biden administration just announced an executive order that will severely restrict people’s legal right to seek asylum, putting tens of thousands of lives at risk,” the organization said in a post on X.Meanwhile, other Democrats have welcomed Biden’s actions as a necessary step to address the humanitarian crisis at the border.Senator Sherrod Brown from Ohio told the Washington Post that he believes it is the “right direction”, adding: “I want to see more.” More

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    ‘The necessary steps to secure our border’: Biden defends decision to impose limits on asylum seekers – as it happened

    Donald Trump and his allies have for years called for the closure of the southern border. Now, Joe Biden is doing that, albeit only occasionally, and specifically when arrivals of new asylum seekers exceed 2,500 a day.How did we get here? The answer can be found earlier this year, when a bipartisan group of senators reached a compromise to tighten access for migrants and approve a new infusion of aid to Ukraine and Israel’s military that the Biden administration said was desperately needed by two of Washington’s top allies.But despite the fact that one of their own lawmakers negotiated the deal, which contained hardline immigration policies Democrats normally would not support, the GOP voted it down, ostensibly so Trump could campaign on his own draconian approach to immigration.Which brings us to today. Congress went on to approve the foreign aid bill separately, and today, Biden used his presidential policies to limit access to asylum seekers on days when the border is “overwhelmed” as the White House put it – while repeatedly training his ire on Trump and his allies.“I’ve come here today to do what the Republican Congress refuses to do – take the necessary steps to secure our border,” Biden said as he began his speech.Trump “told the Republicans … that he didn’t want to fix the issue, he wanted to use it to attack me. That’s what he wanted to do. It was … an extremely cynical political move and a complete disservice to the American people who are looking for us to not to weaponize the border, but to fix it.”Here’s more on Biden’s new border policy:After months of ultimately fruitless haggling over immigration policy in Congress, Joe Biden announced new rules that will see the southern border temporarily shut to most new asylum seekers at periods when it becomes “overwhelmed”. The president blamed Republicans and Donald Trump for blocking legislation he said would be better suited to dealing with the issue, while warning the country’s hospitality was “wearing thin” amid the migration wave. The policy change comes amid signs voters are increasingly concerned about migrants arriving in the United States, but risk alienating some of Biden’s allies, who warn it amounts to a draconian response to what is essentially a humanitarian crisis. Back at the Capitol, the GOP continued its counteroffensive against Biden after Trump’s felony conviction last week. Speaker Mike Johnson blamed Democrats for the guilty verdict, saying it represents “a new low”, while attorney general Merrick Garland faced a tough crowd during a hearing before the judiciary committee.Here’s what else happened today:
    Republicans said Biden’s new policy amounted to an “election-year border charade”, and demanded tougher action on migrants.
    Biden attacked Trump as a “convicted felon” who should not be let back into the White House at a Monday evening fundraiser.
    Wisconsin’s attorney general filed charges against three Trump associates for attempting to disrupt Biden’s election victory in the state four years ago, including notorious attorney Kenneth Chesebro.
    An official with ties to a group promoting lies about the 2020 vote sits on the elections board in Fulton county, the most-populous in swing state Georgia.
    Opening arguments began in Hunter Biden’s trial on gun charges in Delaware, with prosecutors telling the jury that “no one is above the law”.
    In a post on Truth Social, Donald Trump responded to Joe Biden’s executive order with a host of insults, and a recitation of his typically hardline rhetoric on immigration.“Crooked Joe Biden has totally surrendered our Southern Border. His weakness and extremism have resulted in a Border Invasion like we have never seen before,” Trump said in the post, which segues into a three-minute video in which he calls Biden “pathetic”.Las Americas Immigrant Advocacy Center provides legal services to migrants on both sides of the US and Mexican border, and, in a statement, executive director Marisa Limón Garza condemned Joe Biden’s new immigration policy:
    Today’s decision clearly illustrates that this administration is ignoring lessons from the failed deterrence measures put in place by its predecessors.
    Being strong on immigration doesn’t require an assault on asylum seekers or cruelty toward people seeking protection at our southern border. The Biden administration doesn’t need to rely on harsh deterrence tactics like Trump’s failed Muslim travel ban and Latino ban, which were also created to close the doors on refugees and send families back to the violent conditions they fought to escape.
    Together, these policies represent a concerning trend of political manipulation and irresponsible immigration practices. This does nothing to mitigate the violence and family separations, ignores due process, and moves us away from a humane, safe, and orderly system, inevitably forcing migrants into the hands of cartels and traffickers.
    Donald Trump and his allies have for years called for the closure of the southern border. Now, Joe Biden is doing that, albeit only occasionally, and specifically when arrivals of new asylum seekers exceed 2,500 a day.How did we get here? The answer can be found earlier this year, when a bipartisan group of senators reached a compromise to tighten access for migrants and approve a new infusion of aid to Ukraine and Israel’s military that the Biden administration said was desperately needed by two of Washington’s top allies.But despite the fact that one of their own lawmakers negotiated the deal, which contained hardline immigration policies Democrats normally would not support, the GOP voted it down, ostensibly so Trump could campaign on his own draconian approach to immigration.Which brings us to today. Congress went on to approve the foreign aid bill separately, and today, Biden used his presidential policies to limit access to asylum seekers on days when the border is “overwhelmed” as the White House put it – while repeatedly training his ire on Trump and his allies.“I’ve come here today to do what the Republican Congress refuses to do – take the necessary steps to secure our border,” Biden said as he began his speech.Trump “told the Republicans … that he didn’t want to fix the issue, he wanted to use it to attack me. That’s what he wanted to do. It was … an extremely cynical political move and a complete disservice to the American people who are looking for us to not to weaponize the border, but to fix it.”Here’s more on Biden’s new border policy:While Joe Biden has warned that his executive order intended to turn away some asylum seekers is a necessary step in the face of Republican opposition to broader immigration reforms, some Democrats have signaled their wariness – or outright objection.Here’s California congresswoman Judy Chu, chair of the Congressional Asian Pacific American Caucus:
    I am disappointed at the enforcement-only strategies that the President announced today. Rather than address humanitarian issues at the border effectively and with the nuance they deserve, today’s actions will gut protections for countless migrants exercising their legal right to claim asylum. Rather than decimate the ability for those fleeing violence or persecution to seek asylum based on an arbitrary numerical cap, we should be redirecting our efforts to modernize ports of entry, expand legal pathways for migrants, and address the root causes of migration.
    And Raúl Grijalva, whose Arizona district encompasses most of the state’s frontier with Mexico:
    This executive action represents a significant departure from President Biden’s promise of a more humane and just approach to immigration. It tramples on the universal right to claim asylum and prevents migrants from attempting to legally access safety and security in the United States. It is ripe for legal challenges and antithetical to our values.
    Rather than appeasing Republicans who continuously refuse to work on bipartisan legislation and block immigration solutions for political gain, I urge President Biden, instead, to use his authority to take concrete action to help fix our broken immigration system. That starts with sending more resources to border communities, expanding legal pathways, streamlining the asylum seeking process, making it easier for individuals and families to work and live here, and creating a pathway to citizenship to give millions the certainty they deserve.
    Other Democrats welcomed the president’s actions. Here’s California’s Norma Torres, who serves on the Congressional Hispanic Caucus’s executive board:
    I strongly support the changes to expedite the process of deporting or removing individuals at the border who pose a national security risk or public threat. However, I have significant concerns about implementation, transparency, and the risk of curtailing fair, legal representation for legitimate asylum seekers.
    If rushed and without proper protections, these changes could embolden future anti-immigrant administrations to limit legitimate, eligible asylum seekers from obtaining the protections they seek.
    This executive order is a difficult but necessary measure to address the growing crisis at our border, but deeply underscores the urgent need to resolve the root causes of migration throughout Central America. I look forward to working closely with the administration on the implementation of these changes to ensure we stem the crisis at the border while ensuring asylees are processed expeditiously and fairly.
    The president’s executive order has faced criticism from progressive lawmakers and immigration reformers, who say it undermines protections for migrants fleeing humanitarian crises.Joe Biden addressed those concerns in his just-concluded White House speech, warning that the country was losing patience with the flow of migrants:
    For those who say the steps I’ve taken are too strict, I say to you … be patient. The goodwill of the American people are … wearing thin right now. Doing nothing is not an option – we have to act. We must act consistent with both our law and our values, our values as Americans.
    Joe Biden made a point of mentioning how his views of immigration differ from those of Donald Trump, who presided over a policy of separating migrant children from their parents as president, and has mulled deploying the military to round up undocumented people in the country, if re-elected.“I believe that immigration has always been a lifeblood of America. We’re constantly renewed by an infusion of people and new talent. The Statue of Liberty is not some relic of American history. It stands for who we are as the United States,” Biden said.He then laid into Trump:
    So, I will never demonize immigrants. I’ll never refer to immigrants as poisoning the blood of a country. And further, I’ll never separate children from their families at the border. I will not ban people from this country because of the religious beliefs. I will not use the US military to go into neighborhoods all across the country, to pull millions of people out of their homes and away from their families, to put detention camps while we’re waiting deportation, as my predecessor says he will do if he occupies this office again.
    Biden then went on to describe how his executive order would work, while saying new legislation would be more effective.“Today, I’m moving past Republican obstruction and using the executive authorities available to me as President to do what I can on my own to address the border,” Biden said. “Frankly, I would have preferred to address this issue through bipartisan legislation, because that’s the only way to actually get the kind of system we have now that’s broken fixed – to hire more Border Patrol agents, more asylum officers, more judges.”Joe Biden did not hold back in blaming Donald Trump for the failure of a bipartisan immigration compromise negotiated in the Senate earlier this year, saying it would have been more effective than the executive order he signed today.“Four months ago, after weeks of intense negotiation between my staff and Democrats and Republicans, we came to a clear, clear bipartisan deal with the strongest border security agreement in decades. Then Republicans in Congress … walked away from it. Why? Because Donald Trump told them to,” the president said.He gestured to the officials flanking his podium, which he said were Democratic and Republican officials from border states.“They know the border is not a political issue to be weaponized – it’s a responsibility we have to share, to do something about it. They don’t have time for the games played in Washington. Neither do the American people.”Joe Biden is now speaking on his new immigration rule from the White House.He is flanked by a group of officials, including Arizona’s Democratic senator Mark Kelly.Joe Biden is scheduled to soon begin delivering remarks from the White House on his just-announced policy to close the southern border to new asylum seekers when authorities determine it is “overwhelmed”.He was supposed to start at 2pm ET, but, as always, is late. Mark Kelly, the Democratic senator representing border state Arizona, earlier appeared before reporters at the White House, and described the new rule as a “good step forward”.He then turned to blaming Republicans for rejecting a legislative compromise in Congress that would have made an array of changes to US immigration laws to stem the flow of migrants.“For three years the president has been calling on Congress to take action on this issue,” Kelly said.After months of ultimately fruitless haggling over immigration policy in Congress, Joe Biden has announced new rules that will see the southern border temporarily shut to most new asylum seekers at periods when it becomes “overwhelmed”. The policy change comes amid signs voters are increasingly concerned about migrants arriving in the United States, but risk alienating some of Biden’s allies, who warn it may amount to a draconian response to what is essentially a humanitarian crisis. Back at the Capitol, the GOP is continuing its counteroffensive against Biden following their standard bearer Donald Trump’s felony conviction last week. Speaker Mike Johnson blamed Democrats for the guilty verdict, saying it represents “a new low”, while attorney general Merrick Garland faced a tough crowd during a hearing before the judiciary committee.Here’s what else has happened so far today:
    Biden attacked Trump as a “convicted felon” who should not be let back into the White House at a Monday evening fundraiser.
    Wisconsin’s attorney general filed charges against three Trump associates for attempting to disrupt Biden’s election victory in the state four years ago, including notorious attorney Kenneth Chesebro.
    Election denialism remains a concern in Georgia’s populous Fulton county, where an official with ties to a group promoting lies about the 2020 votes sits on its election board.
    At Hunter Biden’s trial, US justice department lawyer Derek Hines walked jurors through the events of October 2018, when prosecutors have said the president’s son lied on his background check about his drug use while buying the gun, Reuters reports.
    It was illegal because he was user of crack and a drug addict. No one is above the law,” Hines said.
    Biden has pleaded not guilty to three felony charges accusing him of failing to disclose his use of illegal drugs when he bought a Colt Cobra .38-caliber revolver and of illegally possessing the weapon for 11 days in October 2018.Defense attorney Abbe Lowell urged jurors to listen carefully to evidence that would be presented. Lowell said the gun purchase form asked Hunter Biden only if he was currently an addict, not whether he had used in the past, adding that his client had no “intent to deceive”.US special counsel David Weiss, a Donald Trump appointee, brought the case against Hunter Biden and was present in the courtroom on Tuesday. Weiss has separately filed federal tax charges against Hunter Biden in California.The trial is expected to offer a tour of Hunter Biden’s years-long struggles with drug and alcohol addiction.First Lady Jill Biden attended court today, as did her and Joe Biden’s daughter, Ashley Biden.The prosecution laid out its case on Tuesday in the historic criminal trial of Hunter Biden on gun charges, telling jurors that Joe Biden’s son was addicted to drugs and lied on paperwork to obtain a revolver. “No one is above the law,” the jurors were told, according to Reuters.The jury in federal court in Delaware heard opening statements from prosecution and defense lawyers before the first witness, an FBI agent, was called.Defense attorney Abbe Lowell told the jury that evidence presented in the trial will show that Hunter Biden, 54, did not knowingly violate the law.It is the first ever criminal trial of the child of a sitting US president, with US district judge Maryellen Noreika presiding. Donald Trump last week became the first US president (sitting or former) to be convicted of a crime.In a speech on the Senate floor, Democratic majority leader Chuck Schumer welcomed Joe Biden’s new actions on asylum seekers, but faulted Republicans for blocking legislation he said would better address the problems at the southern border.“As the president makes his announcement, let’s be very clear about one thing: legislation would have been the more effective way to go. President Biden has been clear from the beginning he prefers legislation, but given how obstinate Republicans have become – turning down any real opportunity for strong border legislation – the president is left with little choice but to act on his own,” Schumer said.He continued:
    Shame on our Republican friends. They say they want to protect the border. Donald Trump comes out with a very crass statement, let’s keep it in chaos so I might win the election. And they go along. They do a 180-degree turn. That’s a disgrace, and it’s forced President Biden to act the way he does, which is a lot better than doing nothing, but not as preferable as passing legislation, as the president admits.
    We had an opportunity to pass a strong bipartisan border bill back in February, and just over a few weeks ago.
    Both times, Republicans put politics ahead of bipartisanship, and blundered the best chance we have seen in decades to pass a border security bill America urgently needs. Americans will not easily forget it.
    Republicans have spent years insisting to voters that Joe Biden is not doing enough to address illegal immigration, and are not impressed by his just-announced policy to bar asylum seekers when the southern border becomes “overwhelmed”.“It’s window dressing. Everybody knows it … If he was concerned about the border, he would have done this a long time ago,” House speaker Mike Johnson said at a press conference today. His office dubbed the new policy an “election-year border charade”, while Johnson added he did not believe the policy would do enough to discourage migrants. “From what we’re hearing, it will ignore multiple elements that have to be addressed,” he said.The Senate’s top Republican, Mitch McConnell, was similarly dismissive:
    With an election just months away, the President hopes that issuing an executive order will demonstrate that he cares about this crisis and is trying to fix it.
    Never mind that his order would still allow more than 900,000 illegal aliens to come in every year at the southern border. This is on top of the half-million illegal parolees President Biden intends to continue waving into the country. Combined, that’s more than the population of 10 states. It’s a new Dallas, Texas, every year.
    This is like turning a garden hose on a five-alarm fire. And the American people are not fools. They know that this play is too little, too late.
    Joe Biden’s actions to limit migrant arrivals at the southern border come after months of ultimately futile negotiations aimed at passing an immigration policy compromise in Congress. But as the Guardian’s Lauren Gambino and Joan E Greve report, the new policy risks alienating some of the president’s supporters, who view it as a draconian response to a humanitarian crisis:The White House on Tuesday announced an executive order that will temporarily shut down the US-Mexico border to asylum seekers attempting to cross outside of lawful ports of entry, when a daily threshold of crossings is exceeded.The order would take effect immediately, senior administration officials said on a press call. Those seeking asylum would be held to a much more rigorous standard for establishing credible fear of returning to their home country, although certain groups – including trafficking victims and unaccompanied children – would be excluded from the ban.“Individuals who do not manifest a fear will be immediately removable, and we anticipate that we will be removing those individuals in a matter of days, if not hours,” one official said. “The bottom line is that the standard will be significantly higher. And so we do anticipate that fewer individuals will be screened in as a result.”The move comes amid rising public concern over the number of migrants crossing into the US, with polls showing a majority of Americans dissatisfied with the president’s handling of the border. The White House has been under immense pressure from Republicans and some Democrats to reduce the number of migrants arriving at the southern border. More