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    Judge rejects defense efforts to dismiss Hunter Biden’s federal gun case

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    A federal judge in Delaware refused on Friday to throw out a federal gun case against Hunter Biden, rejecting the president’s son’s claim that he is being prosecuted for political purposes as well as other arguments.The US district judge Maryellen Noreika denied defense efforts to scuttle the prosecution charging Hunter Biden with lying about his drug use in October 2018 on a form to buy a gun that he kept for about 11 days.Hunter Biden’s lawyers had argued the case was politically motivated and asserted that an immunity provision from an original plea deal that fell apart still held. They had also challenged the appointment of the special counsel David Weiss, the US attorney in Delaware, to lead the prosecution.Noreika, who was appointed to the bench by Donald Trump, has not yet ruled on a challenge to the constitutionality of the gun charges.Hunter Biden faces separate tax counts in Los Angeles alleging he failed to pay at least $1.4m in taxes over three years while living an “extravagant lifestyle”, during his days of using drugs. The judge overseeing that case refused to dismiss the charges this month.Biden has pleaded not guilty in both cases. A representative for his legal team didn’t immediately respond to a request for comment on Friday.The president’s son has acknowledged struggling with an addiction to crack cocaine during that period in 2018, but his lawyers have said he didn’t break the law and another nonviolent, first-time offender would not have been charged.The defense attorney Abbe Lowell had argued Hunter Biden was “selectively charged” for improper political purposes. He argued that Weiss “buckled under political pressure” to indict the president’s son amid criticism of the plea deal from Trump and other Republicans.Noreika said in her ruling that Biden’s team had provided “nothing concrete” to support a conclusion that anyone actually influenced the special counsel’s team.“The pressure campaign from congressional Republicans may have occurred around the time that special counsel decided to move forward with indictment instead of pretrial diversion, but the court has been given nothing credible to suggest that the conduct of those lawmakers (or anyone else) had any impact on special counsel,” the judge wrote. “It is all speculation.” More

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      El informe del fiscal especial exculpa a Biden pero es un desastre político

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      Una investigación concluyó que el mandatario era “bienintencionado” pero tenía “mala memoria”. El presidente salió a ofrecer declaraciones en un intento por realizar control de daños políticos.La decisión del jueves de no presentar cargos penales contra el presidente Joe Biden por mal manejo de documentos clasificados debió haber sido una exoneración legal inequívoca.En su lugar, fue un desastre político.La investigación, sobre el manejo de los documentos por parte de Biden después de ser vicepresidente, concluyó que era un “hombre bienintencionado de avanzada edad con una mala memoria” y que tenía “facultades disminuidas en la edad avanzada”, afirmaciones tan sorprendentes que pocas horas después motivaron un enérgico y emotivo intento de control de daños políticos por parte del presidente.The president defended his ability to serve when questioned by reporters on his memory and age during a news conference, hours after a special counsel cleared him of criminal charges in the handling of classified documents.Pete Marovich for The New York TimesLa noche del jueves, hablando a las cámaras desde la Sala de Recepciones Diplomáticas de la Casa Blanca, Biden arremetió contra el informe de Robert K. Hur, el fiscal especial, acusando a los autores del informe de “comentarios irrelevantes” sobre su edad y capacidad mental.“No saben de lo que están hablando”, dijo rotundamente el presidente.Biden pareció objetar especialmente la afirmación incluida en el informe de que durante las entrevistas con los investigadores del FBI no pudo recordar en qué año murió su hijo Beau.“¿Cómo diablos se atreve a mencionar eso?”, dijo el presidente, mientras parecía contener las lágrimas. “Cada Día de los caídos hacemos un servicio para recordarlo al que asisten amigos y familiares y la gente que lo amaba. No necesito a nadie, no necesito a nadie que me recuerde cuándo falleció”.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      What Elon Musk Could Lose After His Tesla Pay Deal Is Blocked

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      A Delaware court ruling on his $50 billion compensation plan at Tesla raises questions about corporate governance and more.Elon Musk may be forced to give up a grant of Tesla shares worth over $50 billion.Amir Hamja/The New York TimesThe big stakes of Musk’s outsize pay dealAn unusual pay package that Tesla devised in 2018 helped make Elon Musk the world’s wealthiest individual.But a Delaware judge’s ruling that the arrangement was unfair to other Tesla shareholders raises questions about much more than Musk’s net worth, including control of his companies and his ability to fund them — and how corporate leaders are paid.The backstory: In 2018, Tesla set out 12 milestones tied to market capitalization, revenue and profit targets that Musk needed to reach to qualify for a stock package that is now worth over $50 billion. Experts thought it would be impossible to hit. Yet Musk — who told Andrew at the time that Tesla would hit a $1 trillion market cap within a decade — pulled it off. (He hasn’t taken possession of the shares yet.)Shareholders sued, however, arguing that the plan was devised unfairly, with Musk essentially creating his own pay package with the help of allies on the Tesla board.Those shares are now at risk of disappearing. “The process leading to the approval of Musk’s compensation plan was deeply flawed,” Chancellor Kathaleen McCormick of Delaware’s Court of Chancery (who has been blunt in hearings with Musk before) wrote in her decision, ordering that the contract be voided.There’s a lot at stake:Questions about the Tesla board’s independence are being asked as the car maker’s directors weigh a demand by Musk for more control of the company, lest he start moving highly anticipated A.I. projects to other parts of his business empire.Musk has taken out stock margin loans to finance parts of his business empire. He may find it harder to come up with cash if X needs more money, for example.And corporate governance experts say the ruling is a warning to other business leaders. “It establishes that there is such a thing as excessive compensation,” Sarah Anderson of the Institute for Policy Studies, a progressive research group, told The Times.Some legal experts think any Musk appeal faces tough odds. He will probably appeal to the Delaware Supreme Court, they say. But Eric Talley, a professor at Columbia Law School, told DealBook that chancellors like McCormick historically have wide latitude to rule on such punishments.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      Sarah McBride, highest-ranking trans elected official in US, to run for Congress

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      Sarah McBride, the highest-ranked openly transgender elected official in the US, announced she is running for the US House of Representatives this week. If elected, she will be the first openly transgender member of Congress.“This campaign isn’t just about making history – it’s about moving forward,” said McBride in a press release on Monday. “To strengthen our democracy, we need effective leaders who believe in taking bold action and building bridges for lasting progress.”McBride is the only openly transgender person serving at the state senator level in the country, but there are seven other state lawmakers who identify as transgender, according to a national tracker by LGBTQ+ Victory Institute.Her candidacy comes amid an increase in state laws restricting the rights and lifestyles of people who identify as transgender.So far in 2023, state legislatures have signed into law nearly 80 measures targeting the LGBTQ+ community, “especially transgender youth”, according to the American Civil Liberties Union. The bills include limiting access to gender-affirming care, prohibiting transgender kids from competing in sports and restricting students from using their preferred pronouns.“Too many politicians want to divide us, to tell us that teachers, doctors, even our own neighbors are the enemy,” McBride said in her announcement video released on Monday.The video included short clips of Republicans Ron DeSantis, governor of Florida, Representative Marjorie Taylor Greene of Georgia, and Representative Lauren Boebert of Colorado – all of whom have supported legislation advocates have labeled as anti-transgender.Before running for office, McBride was the national press secretary for the LGBTQ+ advocacy group Human Rights Campaign.McBride, now 32, was first elected to Delaware’s state legislature in 2020, winning by a landslide in a heavily Democratic district, securing 73% of the vote. She was re-elected in 2022.She is now running for Delaware’s sole seat in the US House of Representatives. (Alaska, Wyoming, North Dakota, South Dakota and Vermont also each have one at-large representative.)The at-large seat is being vacated by the incumbent Lisa Blunt Rochester, also a Democrat, who has held the post since 2017. Blunt Rochester is running for Senate this election cycle to replace Senator Tom Carper, who is retiring.Blunt Rochester supported McBride in her first campaign for state senate and called her a “tireless advocate and trailblazer”.“I’m incredibly proud of all Sarah has already achieved and am excited to watch the next chapters in her career unfold,” Blunt Rochester told CBS at the time.In addition to Blunt Rochester, McBride has previously received support from other prominent Delaware lawmakers, including President Joe Biden.Biden’s late son, Beau Biden, had met McBride during his campaign for Delaware attorney general and described her as a sharp teenager who was “going to change the world”, according to Joe Biden’s foreword in McBride’s 2018 memoir.As a college student, McBride lobbied for the passage of a Delaware law that ensures equal protections for transgender individuals. She also interned at the White House during the Obama administration.In the foreword for McBride’s memoir, which was written in 2017, Biden said he was “proud to have been a part of an administration that spoke out and stood up for transgender Americans”.“But despite that progress, I left the vice-presidency knowing that much of the hardest work remains ahead of us in building a more perfect union for all Americans, no matter their sexual orientation or gender identity,” he wrote. “The history of civil rights in America reminds us that progress is precious and can never be taken for granted.”If elected, McBride said she will focus on legislation that “addresses gun violence, protects access to abortion and tackles climate change”, according to the campaign announcement.
      This article was amended on 28 June 2023. An earlier version incorrectly listed Montana among states with a single at-large congressperson. More

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      Sarah McBride Aims to Be First Openly Transgender House Member With 2024 Campaign

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      Sarah McBride is no stranger to firsts: In 2012, she became the first openly transgender person to work at the White House, during the Obama administration.State Senator Sarah McBride announced on Monday that she would run for Delaware’s at-large U.S. House seat — a bid that, if successful, would make her the first openly transgender member of the U.S. Congress.The seat is currently held by Representative Lisa Blunt Rochester, a Democrat who said on Wednesday that she would pursue the Senate seat being vacated by Senator Thomas R. Carper, who is retiring. Both elections will take place next year.Ms. McBride, 32, is no stranger to firsts: In 2012, she became the first openly transgender person to work at the White House, as an intern in President Barack Obama’s administration. She won her Wilmington-based State Senate seat in 2020 with more than 70 percent of the general election vote, becoming the first openly transgender legislator in that position nationwide, and ran unopposed for a second term last year.Her candidacy comes during an onslaught of Republican-led policies that target L.G.B.T.Q. people.This year, 17 states have passed bills directed at gender-affirming care for transgender youth, a sharp uptick from the three states that had previously approved restrictions. And there are discussions to ban L.G.B.T.Q.-related information for K-12 students in states like Florida, where laws prevent public schools from teaching about sexual orientation and gender identity.Ms. McBride, also a former national press secretary for the Human Rights Campaign, the country’s largest L.G.B.T.Q. advocacy organization, is likely to face a primary challenge in her solidly blue district. But she holds ample political capital in the state — helped by her relationship with President Biden, who wrote the foreword for the memoir she wrote in 2018. She also worked on the attorney general campaigns for Beau Biden, his son who died in 2015.Ms. McBride recently spoke with The New York Times about her candidacy. Excerpts from this conversation have been edited for clarity and length.What issues do you hope to prioritize in your campaign?There were so many pieces of the Build Back Better Act that were unfortunately left on the cutting room floor, and it is going to be critical for Congress to pick up those policies, like paid family and medical leave, affordable early childhood education and elder care. Those types of policies will be at the heart of my campaign, as will policies that I fought for in the Delaware General Assembly, like gun safety and reproductive rights. One of the issues where we have to continue to make progress is climate change. We can’t build a fairer, more just world if we also don’t protect our planet.A wave of bills in recent years have affected transgender people, like limiting transitioning procedures for children and restricting which bathrooms transgender people can use. What are your concerns going forward?The policies that you mentioned are wrong and unconstitutional, and they are an attempt by MAGA Republicans to distract from the fact that they have absolutely no agenda for families and for workers in our country. They are solutions in search of a problem. They are cruel, and we know that policies that target young people, that target parents, that target families, that target vulnerable people in our society, they never wear well in history. I truly believe that democracy only works when it includes all of us.What should members of your party do to respond to these laws?I’m incredibly proud that the Democratic Party has been unwavering in its support of L.G.B.T.Q. rights. We have seen Democrats from Montana, to Nebraska, to Virginia, to Delaware, who have made clear that attacks on vulnerable members of our communities, including L.G.B.T.Q. young people, will not stand, and we will do everything we can to stop them.People across this country are eager for politicians to appeal to our better angels and to focus on issues that actually matter to them. I don’t believe that targeting kids and parents for discrimination is a priority for voters in Delaware or across the country.Going into 2024, President Biden is struggling to maintain public approval. In your view, what should he and other Democrats be thinking about?Democrats have a strong record to run on, and there’s obviously unfinished work before us. This president has focused on working families, on recognizing that we all have a responsibility to one another. I think if this president continues to contrast his priorities with the invented problems and the culture wars of the right, that this president will win.There’s a sort of scrutiny that historically has come with being the first of anything. Are you concerned about backlash?There will certainly be attacks, but I’m no stranger to those. What I’ve demonstrated over the last few years is that I’m able to move past those attacks and focus on what matters to the people I represent. Congress is certainly different than the Delaware State Senate, but I am confident that when I get there, by focusing on issues that impact people of every party, of every ideology, and in every part of our state, that I’ll be able to find common ground with people whom I disagree with vehemently. More

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      Representative Lisa Blunt Rochester Enters Delaware Senate Race

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      Lisa Blunt Rochester, the handpicked successor to retiring Senator Thomas R. Carper, would be the third Black woman in history to win a Senate seat.Representative Lisa Blunt Rochester, a Democrat, announced her campaign on Wednesday for the Delaware Senate seat being vacated by Senator Thomas R. Carper, beginning as the favorite in a race that could make her the third Black woman in U.S. history to win election to the Senate.Ms. Blunt Rochester, 61, a close ally of President Biden’s, made a 3.5-minute biographical video that focuses on her faith, how she overcame the untimely death of her husband and her experience during the Jan. 6 attack on the Capitol, when she prayed while trapped in the House balcony as rioters laid siege to the building.“The run for the Senate for me is also about protecting our democracy, and that includes voting rights, and also for protecting our freedoms, like reproductive rights,” Ms. Blunt Rochester said in an interview.Ms. Blunt Rochester is the only House member in Delaware, a deep-blue state in which the winner of the Democratic primary will be heavily favored to win the general election. Powerful Democrats, including Mr. Carper, for whom Ms. Blunt Rochester once interned, and Senator Chuck Schumer of New York, the majority leader, have indicated support for her candidacy. Mr. Carper said he would do everything in his power to ensure that she won.If elected, Ms. Blunt Rochester, who previously served as Delaware’s labor secretary, deputy secretary of health and social services, and state personnel director, would be the state’s first female senator and first Black senator.She said her first priority would be to push for passage of voting rights legislation, and advocate for eliminating the legislative filibuster to make that possible.During her four terms in the House, Mr. Biden has counted on Ms. Blunt Rochester as a close adviser. She was national co-chairwoman of Mr. Biden’s presidential campaign and is known to keep the president abreast of happenings on Capitol Hill.“When he would call me, he was getting a real broad lay of the land of what’s happening in the House,” she said of Mr. Biden.Ms. Blunt Rochester is a member of the Congressional Black Caucus, the Congressional Caucus for Women’s Issues and both the Congressional Progressive Caucus and the more centrist New Democrat Coalition. She has also served in leadership.She said she felt she had the president’s encouragement to run.“It was more us having a conversation about making sure that there was representation in the Senate,” she recalled. “He didn’t say, ‘Hey, Lisa, you should run for Senate.’ He said, ‘Lisa, whatever you decide to do, I think you would be great at it.’”Shortly after Mr. Carper announced his retirement, Mr. Schumer spoke by phone with Ms. Blunt Rochester and told her he believed that she could be a very good senator, according to an aide to the top Democrat.“It was just a very encouraging call, just saying he was looking forward to having a longer and deeper conversation with me, but that he was very excited about the potential of me running,” Ms. Blunt Rochester said. More

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      Carper Says He Will Retire, Vacating Seat in Solidly Democratic Delaware

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      The fourth-term senator said he would do everything he could to ensure that Representative Lisa Blunt Rochester, the state’s lone congresswoman and his former intern, won the race to succeed him.Senator Thomas R. Carper, a veteran Democrat from Delaware, announced on Monday that he would not seek re-election next year, opening up a seat in a deep-blue state that he said he hoped would go to his handpicked successor.Mr. Carper, 76, is in his fourth term in the Senate and is the last surviving Vietnam veteran to serve there. He has held public office since the 1970s, first as Delaware’s treasurer, then for a decade as a congressman, then as governor and, since 2001, as a senator.“This just seems like a good time just to turn the page and move on,” Mr. Carper said at a news conference in Wilmington, Del. He added, “I’ve got miles to go, and I’m going to make every day count.”The senator said he intended to do all he could to help Representative Lisa Blunt Rochester, the Democrat who serves as the state’s only member of the House and was his former intern, win the race to succeed him.As the chairman of the Environment and Public Works Committee, Mr. Carper said he planned to spend his final months in Congress overseeing the clean energy provisions in the Inflation Reduction Act and key projects included in the bipartisan infrastructure legislation.“I’ll continue working 60-hour weeks,” he said.Mr. Carper said he also planned to help his friend President Biden succeed and win re-election, brushing aside questions about the president’s age.“Every meeting I’ve been a part of, he’s actually sharper than the rest of us,” Mr. Carper said.He said he had called Ms. Blunt Rochester on Monday morning and told her, “You’ve been patient waiting for me to get out of the way, and I’m going to get out of the way.”He added that he also told her: “I hope you run, and I hope you’ll let me support you in that mission.”And Mr. Carper said Ms. Blunt Rochester replied, “Yes, I’ll let you support me.”Ms. Blunt Rochester, who is also in her fourth term, has not yet announced a campaign but has publicly expressed interest in running. In a statement, she praised Mr. Carper as a lawmaker who was “more interested in attending a local Sunday service than doing the Sunday shows, more interested in hearing from his constituents in person than getting clicks online and more interested in the happenings of the day in Delaware than D.C.”Senator Chuck Schumer, Democrat of New York and the majority leader, spoke by phone with Ms. Blunt Rochester shortly after hearing of Mr. Carper’s decision and told her he “believes she could be a really good senator and he looks forward to sitting down with her soon,” according to Mr. Schumer’s spokesman.In a separate statement, Mr. Schumer praised Mr. Carper as a “conscientious, hardworking, honorable and effective senator who has done so much for his beloved Delaware and America, particularly in protecting our precious environment and strengthening our transportation systems.”Mr. Schumer credited Mr. Carper for spearheading important legislation such as postal reform and reducing the effects of methane in the atmosphere.Senator Chris Coons, also a Democrat from Delaware, said Mr. Carper relied on his background as a former governor during his time in the Senate.“Tom Carper has also mentored a generation of Delaware leaders,” Mr. Coons said. “From my first race for County Council president, he has encouraged and supported my career in service, acting as a source of advice and encouragement when I needed it most, and as a role model for balancing family and service.” More

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      Why Fox News Had to Settle With Dominion

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      WILMINGTON, Del. — It is deeply disappointing that Fox News settled the defamation lawsuit brought by Dominion Voting Systems before Rupert Murdoch and his roster of celebrity propagandists had to testify. But it is not surprising. Fox News, after all, had no viable defense.On Tuesday, I arrived at Superior Court here at 7 a.m. to secure a seat for what I, like many others, hoped would be an epic trial about the falsehoods Fox aired after the 2020 election, when it accused Dominion and the voting technology company Smartmatic of perpetrating heinous voter fraud. Jury selection took all morning, and opening statements were scheduled for the afternoon.More than anything, I was curious about what Fox’s lawyers would say, because there seemed so little that they could say. Part of Fox’s sinister on-air brilliance is the way it encases its audience in a comprehensive alternative reality. But now, for once, the network would be forced to account for itself outside the right-wing bubble. How it would possibly do so was a matter of great suspense.Already, Eric Davis, the judge in the case, had ruled in Dominion’s favor on key issues. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” he wrote in a March 31 pretrial decision, a rare judicial use of all-caps bold italics. Fox’s statements, he ruled, constituted “defamation per se.”Davis prohibited Fox from arguing that the network was merely reporting on allegations made by Donald Trump and his lawyers, which Fox contended were newsworthy whether or not they were true. So the case would turn not on whether Fox had aired defamatory falsehoods, which Davis determined it had, but on whether, in airing defamatory falsehoods, Fox had displayed “actual malice” — essentially, reckless disregard for the truth.The evidence for such reckless disregard brought to light by Dominion’s lawyers during the discovery phase of the case was already overwhelming, and the trial promised more to come. A filing that Fox’s lawyers made last week demonstrated their predicament. In it, the attorneys laid out some of the points they planned to make in their opening argument, asking for “guidance from the court to ensure that it can make its opening statement without undue interruption and delay.” Those points looked a lot like an attempt by Fox to use a legal backdoor to smuggle in arguments that the judge had already forbidden.“To defend this case, Fox witnesses must be able to testify about the reasons why Fox covered the allegations on the air,” said the filing. “Fox witnesses will all testify that they covered the Dominion-related allegations because the allegations were part of the most newsworthy story of the day.” This, even though Davis had specifically ruled that this argument was invalid because, among other things, “the evidence does not support” the contention that Fox “conducted good-faith, disinterested reporting.”In order to defend Fox from a finding of actual malice, its lawyers seemed set on bringing Fox’s alternative reality into the courtroom, acting as if taking Trump and his attorneys at their word was a perfectly reasonable thing to do. Testimony and documentary evidence, Fox’s lawyers said in the filing, “will show that the president and the lawyers bringing the election fraud lawsuits continuously told Fox that they had evidence to support their claims and that they would be presenting that evidence to courts.” That, in turn, explains why the Fox hosts “did not know that the president’s allegations were false or harbor serious doubts about the truth of the allegations.”In other words, they can’t be blamed for treating the president of the United States as a reliable source.Responding to the filing, Davis refused to give Fox the green light it sought. If the network’s lawyers wanted to make the arguments that they were telegraphing, they would have to take their chances in front of the jury, and risk getting shut down. On Tuesday morning, Davis reminded the parties that they would not be able to make arguments “about things that I’ve ruled inadmissible.” I was waiting to hear what Fox’s lawyers were going to argue instead.But after lunch, the jury didn’t return, and Davis came back to the courtroom only briefly before beckoning some of the lawyers out. The hours ticked by while the journalist-filled audience grew increasingly restless. Courtroom protocol against texting or using the internet gradually collapsed. News broke that the judge had ordered a special master to investigate whether Fox had “complied with their discovery obligations.” (The network had previously been sanctioned for withholding evidence.) Rumors about a settlement buzzed through the room.At 4 p.m., the jury filed back in, and the judge confirmed that the trial was over before it began.Fox is paying Dominion $787.5 million, which appears to be one of the largest defamation settlements in history and is one that constitutes a humiliating admission of fault by the network, even though, as The New York Times’s Jim Rutenberg reported, the deal doesn’t require Fox to apologize. But the public will be deprived of seeing Murdoch, Sean Hannity, Tucker Carlson and several of their colleagues grilled on the stand, forced to reckon with the real world, unable to fall back on the dense lattice of misinformation that typically sustains Fox’s narratives.At least, the public will be deprived for now. Smartmatic is still suing Fox for $2.7 billion, though no trial date has been announced yet. “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign,” Smartmatic lawyer J. Erik Connolly said in a statement on Tuesday. “Smartmatic will expose the rest.”I’m not sure I believe it — Fox has just shown the world what it’s willing to pay to avoid the unmasking. But reality isn’t done with Murdoch and the rest of them yet.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More