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      Rudy Giuliani faces trial over defamation of 2020 election workers

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      Rudy Giuliani arrived slightly late to the Washington DC federal courtroom where a defamation lawsuit seeking to force him to pay tens of millions of dollars in damages to two election workers after making inflammatory false statements about them in the aftermath of the 2020 election.Ruby Freedman and her daughter Shaye Moss, the two Black election workers from Fulton county who said they faced death threats because of Giuliani’s claims, were also in the courtroom on Monday.Giuliani has already conceded he made the defamatory statements and the US district judge Beryl Howell, who is overseeing the case, has already found him liable for defamation, so the week-long jury trial will focus on what penalty he should have to pay. Freeman and Moss are seeking between $15m and $43.5m in damages. Jury selection and opening statements are expected on Monday.The case is significant because it is one of the most aggressive and advanced efforts to get accountability from Donald Trump allies who spread lies about the election as part of the ex-president’s efforts to overturn the 2020 election. It is one of several cases testing whether defamation law can be used as a new tool to combat misinformation. And perhaps more than any other episode in the chaotic aftermath of the 2020 election, it crystallizes the human toll of election denialism. Giuliani also faces criminal charges in Georgia as part of the wide-ranging case there over Trump’s efforts to turn the election.After the 2020 election, Giuliani had amplified and circulated misleading security footage he claimed showed Freeman and Moss counting ballots after tallying had ended on election night. Even after Georgia election officials quickly debunked the claim, Giuliani continued to spread the false claims.Freeman and Moss say their lives were upended as they became the subject of vicious attacks. They faced death threats, and strangers came to Freeman’s home to try to execute a “citizen’s arrest”.Freeman told the US House committee that investigated the January 6 attack that she was afraid to give her name in public. On election night in 2020, she was wearing a shirt that proudly proclaimed her name, but she now refuses to wear it in public.“I won’t even introduce myself by my name any more. I get nervous when I bump into someone I know in the grocery store who says my name. I’m worried about people listening. I get nervous when I have to give my name for food orders. I’m always concerned of who’s around me,” she told the committee.“There is nowhere I feel safe. Nowhere. Do you know how it feels to have the president of the United States target you?”Moss told Reuters in 2021 that she suffered anxiety and depression, and her son, who used a cellphone with a phone number once registered to her, started receiving death threats and began failing in school.Both women have not spoken much publicly since the 2020 election, but are expected to take the witness stand this week.skip past newsletter promotionafter newsletter promotionGiuliani has already conceded he made false statements about Freeman and Moss. But he argues that he is not responsible for the harm they suffered as a result of his false statements. “Giuliani will argue that Plaintiffs cannot show more than a de minimis relationship between their alleged harm and Giuliani’s conduct,” his lawyers wrote in a court filing in November.Giuliani has also already been sanctioned more than $200,000 for refusing to turn over documents as part of the lawsuit. Howell, the judge, also berated Giuliani’s attorney last week after Giuliani failed to show up for a hearing.He is also expected to testify during the trial, and his lawyer indicated last week that the former New York City mayor does not plan to invoke his fifth amendment rights during the proceeding.The original lawsuit, filed in December 2021, sought damages from both Giuliani and One America News, the far-right channel that spread countless pieces of misinformation after the 2020 election. Freeman and Moss settled with OAN in 2022. While the terms of the agreement haven’t been publicly disclosed, the network acknowledged on air shortly after that there was no widespread voter fraud in Georgia in 2020. More

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      Trump tests federal gag order with attack on Bill Barr: ‘He was a coward’

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      Donald Trump tested the contours of his gag order in the federal criminal case over his efforts to overturn the 2020 election results, assailing his former attorney general and potential trial witness William Barr in remarks at a Saturday night New York gala event.“I make this commitment to you tonight: we will not have Bill Barr as our attorney general, is that OK?” Trump said as he discussed a potential second presidency. “He was a coward. He was afraid of being impeached.”The US court of appeals for the DC circuit notably ruled days before that Trump remains barred from attacking potential trial witnesses in the 2020 election interference case pending against him in Washington as long as his attacks do not involve their participation in the criminal investigation or trial proceedings.Under that standard, it was unclear whether Trump directly violated the conditions of the gag order, which he has vowed to appeal to the US supreme court. But it tested the restriction’s scope and cast into doubt his ability to stay clear of being held in contempt.The remark about Barr came during a speech heavy with resentment about Trump’s four criminal indictments and vows for revenge before an audience that included allies he is expected to tap for top justice department roles should he be re-elected next year to the White House.Trump compared himself again to the legendary mob boss Al Capone. But he appeared to press the point more in front of his most loyal allies, including Kash Patel – widely considered a candidate for FBI or CIA director – and Jeffrey Clark, a former justice department official who has himself been indicted.Patel and Clark connected for a brief private conversation after Trump finished his remarks and left the New York Young Republican Club’s black-tie gala with his in-house counsel Boris Epshteyn, also seen as a candidate for a top White House legal role if there is a second Trump administration.The former president has been indicted four times: for retaining classified documents at his Mar-a-Lago club and obstructing justice, for his efforts to overturn the 2020 election in Washington, for trying to overturn the 2020 election in Georgia, and for paying hush money to a porn star.Trump flashed a forced grin when he delivered the complaint that Capone, “the greatest gangster”, was indicted only once. But his voice betrayed a deeper sense of bitterness and what came across as a thinly-veiled message for his allies to exact retribution.The speech was delivered from the same stage at Cipriani Wall Street where Hillary Clinton referred to Trump supporters as a “basket of deplorables” before she lost the 2016 election to Trump. The theme of Trump’s remarks was revenge: how he had gotten the better of Washington elites before and how he would do so again.skip past newsletter promotionafter newsletter promotionTrump repeatedly name-checked Steve Bannon, the former chief strategist with whom he forged a close bond during the 2016 campaign, as he retold the story of how Bannon had urged him not to drop out of the race over the objections of former Republican National Committee chair Reince Priebus.The story about that moment and of his disdain for the criticism he received for bragging about touching women’s genitals in an infamous Access Hollywood tape underscored the recent return of his original allies to his orbit.Trump also called out to Epshteyn, a close confidant with long ties to Bannon who now oversees Trump’s legal teams, and Raheem Kassam, another longtime Bannon associate. Trump’s communications director Steve Cheung, a former Bannon adviser, was scheduled to attend but did not. More

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      Mitt Romney says his endorsement in 2024 race would be ‘kiss of death’

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      Utah senator Mitt Romney declined to rule out voting for Joe Biden next year and said he hasn’t offered an endorsement in the Republican race because his backing would probably be a “kiss of death”.“If I endorsed them, it would be the kiss of death – I’m not going to do that,” Romney said during an interview on NBC’s Meet the Press.The Republican joked that he should maybe endorse the candidate he likes the least, and he made it clear that he would not be supporting Donald Trump.Romney added that he thought former South Carolina governor Nikki Haley – rising in the polls but still significantly trailing Trump – is “the only one that has a shot at becoming the nominee” other than the former president.He also said New Jersey governor Chris Christie, who has aggressively taken on Trump during the campaign, has been “terrific”. That compliment is likely to intrigue many because Romney once called Christie “another bridge-and-tunnel loudmouth”, according to a biography released this year.Romney announced earlier this year he would not run for re-election in the Senate. The 2012 Republican presidential nominee has not shied away from criticizing Trump and twice voted to impeach him during the former president’s lone term.Trump has viciously attacked Romney in response.While Romney on Sunday said he would not rule out voting for Biden in 2024, he said there were other Democrats who would be a better nominee than the incumbent president. He said the candidate he would most like to support is the West Virginia Democratic senator Joe Manchin.Manchin is leaving the Senate and has toyed with a bid for the presidency. But Romney said he didn’t think Manchin would run in the end.“I wish he’d be the Democratic nominee,” Romney said.“I’m not going to describe who I’ll rule out other than president Trump,” he added. “By the way, in my view, bad policy we can overcome – as a country, we have in the past. Bad character is something which is very difficult to overcome.”skip past newsletter promotionafter newsletter promotionA recent Wall Street Journal poll found Trump was leading Biden by four points – 47% to 43%.Trump faces 91 criminal charges for 2020 election subversion, illegal retention of government secrets and hush-money payments to an adult film actor. He has also contended with assorted civil litigation.Meanwhile, the indictment of Biden’s son, Hunter, in California on nine criminal tax charges places obstacles in the president’s re-election efforts. More

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      What price will Rudy Giuliani pay for smearing Georgia election workers?

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      Rudy Giuliani, the politician who was once lauded as “America’s mayor” but descended into the rabbit hole of Donald Trump’s election denial lies, will face a Washington DC jury on Monday in a landmark case which could see him saddled with millions of dollars in damages.For the first time at trial, Giuliani will be confronted in a federal district court with the consequences of the conspiracy theories he disseminated as Trump’s 2020 election lawyer. He will come eye-to-eye with the mother and daughter poll workers from Georgia who claim that he destroyed their lives and caused them ongoing emotional distress by maliciously accusing them of election fraud.The stakes of the civil trial are exceptionally high. The plaintiffs are asking the jury to set damages of up to $43m as punishment for Giuliani’s “outrageous conduct”.Legal experts and democracy advocates will also be watching closely to see whether a rarely used complaint of defamation can act as a deterrent on anyone contemplating another round of election denial in next year’s presidential election and beyond. There could also be ramifications for the Rico organised crime prosecution that Giuliani is facing in Fulton county, Georgia, that also relates to his actions in the 2020 election.After jury selection and opening statements on Monday, there will be three days of testimony in the DC trial. Headlining the witness list are the poll workers themselves, Ruby Freeman and her daughter, Shaye Moss.“While nothing will fully repair all of the damages that Giuliani and his allies wreaked on our clients’ lives, livelihoods and security, they are eager and ready for their day in court to continue their fight for accountability,” said the women’s legal representatives at Protect Democracy, a non-partisan advocacy group.Freeman and Moss became household names after they gave a moving televised account to the House investigation into the 6 January 2021 insurrection at the US Capitol. They recounted how their lives had been turned upside down by Giuliani’s relentless attacks.“Be glad it’s 2020 and not 1920,” Moss, who is African American, told the hearing, invoking the history of lynching in the deep south.Giuliani has already been found liable by the judge presiding in the case, Beryl Howell, for smearing the poll workers, intentionally inflicting emotional distress on them, and engaging in a conspiracy with at least two others to defame them. It now falls to the jury to decide the scale of damages.Giuliani defamed the poll workers by accusing them falsely of criminal misdeeds during the critical count of presidential election votes in the State Farm Arena in Atlanta. As one of the key swing states in the 2020 race, Georgia’s 16 electoral college votes had the potential to determine whether Trump or Joe Biden would be the next occupant of the White House.As part of the Trump team’s extensive efforts to undermine the election count and thereby foil Biden’s victory, Giuliani bore down on Freeman and Moss. He helped circulate a misleadingly edited tape of security footage from the arena which he inaccurately claimed showed them stealing votes for Biden.He propagated the “Suitcase Gate” conspiracy theory – a video that falsely claimed to show the poll workers removing phoney ballots from suitcases stored under their table, then counting them “three, four, five, six, seven times …” The court will be shown a sample of the ginger mint that Freeman passed to Moss during the counting process – Giuliani claimed it was a USB drive used to change the vote count on electronic tabulation devices.His wild claims were fully debunked by Georgia officials at the time he was making them. In June a full investigation by the state’s election board cleared Freeman and Moss of any wrongdoing and dismissed Giuliani’s fraud claims as “unsubstantiated”.skip past newsletter promotionafter newsletter promotionDespite the official pushback, Giuliani continued to attack the pair. In several hours of scheduled testimony, mother and daughter are expected to describe to the jury the storm of death threats and harassment they and their families suffered – and continue to suffer – in the wake of the smear campaign.In the fallout, they were forced to flee their homes, go into hiding and change their appearance. Moss quit her job as a poll worker.Giuliani’s lawyers have indicated that he may testify in person at the trial. If he does so he will not be allowed to repeat any of the defamatory slurs about the plaintiffs, as he has already accepted that he defamed them.His lawyers have indicated that he will, though, attempt to show that his actions had minimal connection to the blizzard of violent threats and harassment that the women have endured. That way he will hope to minimize the damages awarded by the jury.Several other former members of the legal team in Trump’s 2020 re-election campaign are also likely to be called upon during the trial, with their testimony drawn from depositions. They include the former New York police commissioner Bernard Kerik, Jenna Ellis, who has been charged alongside Giuliani in the Fulton county Rico case, and Christina Bobb.Court documents show that Ellis refused to answer questions from Freeman and Moss’s lawyers during her deposition. She pleaded the fifth amendment right to remain silent 448 times. More

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      Oath and Honor review: Liz Cheney spells out the threat from Trump

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      Donald Trump stands ready to knife US democracy. A year ago, he called for terminating the constitution. He has since announced that if re-elected, he wants to weaponize federal law enforcement against his political enemies. He has suggested that Gen Mark Milley, former chairman of the joint chiefs, be executed for fulfilling his duty.This is a man who reportedly kept a bound copy of Hitler’s speeches at his bedside, very nearly managed to overturn an election, and certainly basked in the mayhem of the January 6 insurrection. He said Mike Pence, his vice-president who ultimately stood against him, “deserved” to be hanged for so doing.This week, Trump said he would be a dictator “on day one” of a second term. All bets are off. Take him literally and seriously.The New York Times and the Atlantic report that Trump aims to make the executive branch his fiefdom, loyalty the primary if not only test. If he returns to power, the independence of the justice department and FBI will be things of the past. He is the “most dangerous man ever to inhabit the Oval Office”, Liz Cheney writes in her memoir.“This is the story of when American democracy began to unravel,” the former congresswoman adds. “It is the story of the men and women who fought to save it, and of the enablers and collaborators whose actions ensured the threat would grow and metastasize.”Cheney, formerly the No 3 House Republican, was vice-chair of the House January 6 committee. She has witnessed power wielded – not always wisely. Dick Cheney, her father, was George W Bush’s vice-president and pushed the Iraq war. Before that he was secretary of defense to Bush’s father and, like his daughter, represented Wyoming in the House.Liz Cheney delivers a frightening narrative. Her recollections are first-hand, her prose dry, terse and informed. On January 6, she witnessed Trump’s minions invade the Capitol first-hand.Subtitled “A Memoir and a Warning Oath”, her book is well-timed. The presidential primaries draw near. The Iowa caucus is next month. Trump laps the Republican pack. No one comes close. Ron DeSantis is in retrograde, his campaign encased in a dunghill of its own making. Nikki Haley has momentum of a sort but remains a long way behind.Cheney’s book will discomfit many. Mike Johnson, the new House speaker, is shown as a needy and servile fraud. Kevin McCarthy, his predecessor, is a bottomless pit of self-abasement. Jim Jordan, the hard-right judiciary chair from Ohio, is ham-handed and insincere.Johnson misled colleagues about the authorship of a legal brief filed in support of Trump’s efforts to overturn the election, as well as its contents and his own credentials. He played a game of “bait and switch”, Cheney says. Johnson, she writes, was neither the author of the brief nor a “constitutional law expert”, despite advising colleagues that he was.In reality, Johnson was dean of Judge Paul Pressler School of Law, a small Baptist institution that never opened its doors. Constitutional scholar? Nope. Pro-Trump lawyers wrote the pro-Trump brief, not Johnson, Cheney says.At a recent gathering of Christian legislators, Johnson referred to himself as a modern-day Moses.McCarthy, meanwhile, is vividly portrayed in all his gutless glory. First taking a pass on Johnson’s amicus brief, he then predictably caved. Anything to sit at the cool kids’ table. His tenure as speaker, which followed, will be remembered for its brevity and desperation. His trip to see Trump in Florida, shortly after the election, left Cheney incredulous.“Mar-a-Lago? What the hell, Kevin?”“They’re really worried,” McCarthy said. “Trump’s not eating, so they asked me to come see him.”Trump not eating. Let that claim sink in.This year, at his arraignment in Fulton county, Georgia, on charges relating to election subversion there, the former president self-reported as 6ft 3in and 215lb – almost 30lb lighter than at his last White House physical.OK.Turning to Jordan, Cheney recalls his performance on January 6. She rightly feared for her safety and remains unamused.“Jim Jordan approached me,” she recalls.“‘We need to get the ladies off the aisle,’ he said, and put out his hand. ‘Let me help you.’”“I swatted his hand away. ‘Get away from me. You fucking did this.’”Jordan’s spokesperson denies the incident.Cheney writes: “Most Republicans currently in Congress will do what Donald Trump asks, no matter what it is. I am very sad to say that America can no longer count on a body of elected Republicans to protect our republic.”Mitt Romney has announced his retirement as a senator from Utah. Patrick McHenry, the former acting House speaker from North Carolina, has also decided to quit. Both men voted to certify Joe Biden’s win in 2020. In a Trump-centric Republican party, that is a big problem. In plain English, Congress is a hellscape. The cold civil war grows hot.Cheney briefly mentions Kash Patel, a former staffer to Devin Nunes, a congressman now in charge of Truth Social, Trump’s social media platform. In the waning days of the Trump administration, Patel was chief of staff at the Pentagon. In a recent interview with Steve Bannon, Patel made clear that in a second Trump term, bureaucrats and the press will be targets.“We will find the conspirators in government … and the media,” Patel said. “Yes, we are going to come after the people in the media … we are putting you all on notice.”Trump is a would-be Commodus, a debauched emperor, enamored with power, grievance and his own reflection. Gladiator, Ridley Scott’s Oscar-winning epic, remains a movie for our times.“As a nation, we can endure damaging policies for a four-year term,” Cheney writes. “But we cannot survive a president willing to terminate our constitution.” Promoting her book, she added that the US is “sleepwalking into dictatorship”.Trump leads Biden in the polls.
      Oath and Honor is published in the US by Hachette More

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      in US Politics

      Blow to Biden as poll shows Trump in lead for 2024 presidential election

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      Donald Trump has nudged ahead of Joe Biden in national polling for the 2024 presidential election, a survey published on Saturday revealed, a day after the US president branded his predecessor as “despicable” at an event in California.The Wall Street Journal poll shows Biden with the lowest approval rating of his presidency, a finding broadly in line with other recent studies that have sparked concern in Democratic circles less than a year before voters go to the polls.It shows Trump leading Biden by four points, 47% to 43%, the first time this survey has shown that the former US president is favored in a head-to-head test of the likely 2024 White House matchup, the WSJ said.When five potential third-party and independent candidates are included, drawing a combined 17% support, Trump’s lead expands to six points, 37-31.Although Biden has expressed his desire to run for a second term, many in the Democratic party would like to see him stand down, fearing his advancing age – 81 on election day and 86 after eight years in the White House if he wins next year – will turn off voters.The indictment of the president’s son, Hunter Biden, in California on Thursday on nine criminal tax charges places additional obstacles in his path to re-election.Meanwhile Trump, despite leading the race for the Republican nomination by almost 50 points, according to RealClearPolitics, is no shoo-in either, largely because of his own multiple legal woes. The candidate who will himself be 78 on polling day remains in peril from four concurrent criminal cases against him, some over his illegal efforts to overturn Biden’s 2020 victory.At a fundraiser on Friday night, Biden laid into Trump for his actions on 6 January 2021, the day of the Capitol riot by his supporters trying to prevent Congress certifying the election result.“It’s despicable. It’s simply despicable,” Biden told an audience including California governor Gavin Newsom and Democratic former House speaker Nancy Pelosi, referring to how Trump stood and watched the unfolding riot on television and did nothing to stop it.He also referenced Trump’s interview with Fox News host Sean Hannity this week in which he was asked whether he would abuse his power if he were elected again. “The other day he said he would be a dictator only one day. God, only one day! He embraces political violence instead of rejecting it,” Biden said.skip past newsletter promotionafter newsletter promotionHis speech was themed largely around the threat he said Trump posed to democracy, and avoided mention of the Israel-Gaza war. He told the audience of Democratic party supporters: “You’re the reason that Donald Trump is a former president, or, he hates when I say it, a defeated president. My guess is that he won’t show up at my next inauguration.”While the WSJ survey will alarm many Democrats, others warn not to read too much into what some observers see as “mad poll disease”, anxiety induced by a belief that a succession of negative polls shows what will happen a year from now instead of providing an opportunity to act, or vote, to prevent it.Similarly, the WSJ notes that while its figures show many Democrats are widely unhappy with Biden now, they might still back him on election day, especially if Trump is the Republican candidate. More

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      Liz Cheney read my book: a historian, Lincoln and the lessons of January 6

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      The publication of Liz Cheney’s book, Oath and Honor, is bringing plaudits, once again, for her courage in calling out Donald Trump’s efforts to overturn the constitution. From this historian, it brings a different kind of gratitude. Not only for her patriotism, which has already come at a cost, but for how she allowed the slow work of history to inform a fast-moving political situation that was rapidly becoming a crisis.In this case, the history was a little-known story about the vexed election of Abraham Lincoln, embedded in a book I wrote in 2020, Lincoln on the Verge: Thirteen Days to Washington. The book came out with almost laughably bad timing: in April 2020, just after Covid hit. Printing plants struggled to get the book to stores, stores struggled to stay open, all talks were canceled. After nearly a decade of research, it seemed like the book would go straight to the remainder bin. But as it turned out, people still read it, including members of Congress.Lincoln’s presidency is, of course, well known. It is difficult to imagine a world in which he is not looking over us from the Lincoln Memorial. But as I researched the presidential transition of 1860-61, I was surprised to discover just how much resistance he faced. He nearly didn’t make it to Washington at all.Then, as now, a significant subpopulation refused to accept the result of an election. We all grew up learning about the result: the civil war, which killed 750,000. In the weeks before Lincoln’s arrival, armed militias menaced Congress and there were rumors of a violent takeover of the Capitol, to prevent his inauguration. Seven states seceded before he arrived. Four would secede after.Passions came to a head on 13 February 1861, when Congress assembled to tally electoral certificates. Lincoln had clearly won, with 180 votes. The closest runner-up was the candidate of the south, John C Breckinridge, with 72. Amazingly, the certificates, carried in a wooden box, were sent to Breckinridge, who as the outgoing vice-president was also president of the Senate. If the certificates were miscounted, he would stand to benefit. Then Congress might interfere, as it did in 1824, when it denied the winner of the popular vote, Andrew Jackson, in the so-called “Corrupt Bargain” that put John Quincy Adams in power.To his eternal credit, Breckinridge counted honestly and Lincoln was confirmed. Another southerner, Gen Winfield Scott, posted soldiers around the Capitol and kept an anti-Lincoln mob from entering the House. Breckinridge would become a high-ranking Confederate but he helped to make Lincoln’s presidency possible.Strangely, these footnotes from my research began to come back to life at the end of 2020, during another interregnum, as Americans awaited the arrival of Joe Biden. Once again, there were dark rumors of violence, and a plot centered around the counting of the electoral certificates, to be held on 6 January 2021. The parallels are not perfect. In 1861, the country was weakened because a lame-duck president, James Buchanan, checked out. In 2021, an enraged president directed traffic. But still, I felt a sense of deja vu that fall.We all know the rest of the story. On the day of the count, Trump summoned a mob to disrupt the vote. They were more successful than in 1861, with results we are still dealing with. But they failed, thanks to bravery of the Capitol police and the members of Congress, including Cheney, who stood their ground.At the time, I wondered if anyone beside me was thinking about the eerie parallels to 1861. It turned out that Cheney was, for the simple reason that she was reading my book.I learned about her interest in profiles written during the hearings staged by the January 6 committee. I heard similar stories about Jamie Raskin, the Maryland Democrat and committee member who mentioned my book in his 2022 book, Unthinkable. They may have passed it to each other. Just that image, of a Democrat and a Republican sharing a recommendation, is heartening.In Cheney’s book, she describes reading my book in December 2020, remembering “chilling reading” as storm clouds gathered. Everything about her courage since January 6 would be familiar to the Americans of 1861 – northerners and southerners alike – who stood up for Lincoln. Many disapproved of him, or worried about rumors spread by his enemies. But they believed in democracy, and the constitution, and wanted to give him a chance. They were patriots in the old-fashioned sense.It is a simple thing to agree with our allies. What is harder is to agree with our adversaries, or at least to let them speak their piece. Democracy depends on that respect.When Lincoln finally arrived in Washington, after so many ordeals, he delivered a famous inaugural address, invoking our “better angels”. Since then, he has become something like the angel-in-chief, hovering over us, more present than most other ex-presidents. In 1963, he was looking over Martin Luther King Jr’s shoulder as he gave his “I Have a Dream” speech. In 1970, he gave some comfort to Richard Nixon when he wandered to the Lincoln Memorial to speak to anti-war protesters. To the rest of us, he can still appear unexpectedly, offering a form of communion. Or perhaps union is a better word, for a nation seeking desperately to find common ground.In his oft-quoted poem, The Cure at Troy, Seamus Heaney wrote of a “longed-for tidal wave”, a rare convergence when “justice can rise up” and “hope and history rhyme”. History does not always rhyme, despite the quote often attributed, falsely, to Mark Twain. But now and then, the convergences are real. Liz Cheney found one, and acted on it. This historian is grateful for every reader, but especially for one who read a book so well.
      Ted Widmer, distinguished lecturer at the Macaulay Honors College of the City University of New York, is the author of Lincoln on the Verge: Thirteen Days to Washington More

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      Federal appeals court mostly upholds Trump’s gag order in 2020 election subversion case – live

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      A federal appeals court has upheld most of a gag order against Donald Trump imposed by the judge handling his trial on charges related to attempting the overthrow of the 2020 election.Washington DC-based judge Tanya Chutkan imposed the order in October that prevented the former president from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case. Trump appealed the order, arguing it unconstitutionally infringed on his first amendment rights and hindered his political speech amid his campaign for a second term in the White House.The order was put on hold as appeals judges considered his challenge. In its ruling, the court generally upheld Chutkan’s order, but said Trump was now also allowed to assail the special counsel Jack Smith, who brought the criminal case against the former president.A federal appeals court upheld most of the gag order judge Tanya Chutkan imposed on Donald Trump following incendiary comments he made about people involved in his trial on charges related to overturning the 2020 election. The former president is barred from attacking court staff, prosecutorial staff and potential trial witnesses, but the appeals judges did allow him to criticize Chutkan, the justice department, the Biden administration and the case itself as politically motivated. Elsewhere, Hunter Biden’s legal trouble deepened after prosecutors filed new tax charges against him, and in an interview with the musician Moby, the president’s son said the GOP is “trying to kill me” to undermine Joe Biden’s presidency.Here’s what else happened today:
      Hunter Biden’s attorney said the latest charges against his client were the result of “Republican pressure”.
      Trump’s campaign discouraged speculation over who might be hired to staff his administration, if he wins next year’s presidential election.
      The rightwing House Freedom Caucus demanded Congress approve hardline immigration policies that Democrats oppose in exchange for more Ukraine aid.
      Joe Biden’s approval ratings have hit a record low, poll aggregator FiveThirtyEight reports.
      A protest against a Philadelphia Jewish restaurant by demonstrators calling for a ceasefire in the Gaza Strip was more complicated than it initially appeared.
      The Trump campaign has also released a statement regarding speculation in the media over who might staff his administration, assuming he wins next year’s election.“Let us be very specific here: unless a message is coming directly from President Trump or an authorized member of his campaign team, no aspect of future presidential staffing or policy announcements should be deemed official,” write Trump aides Susie Wiles and Chris LaCivita.“Let us be even more specific, and blunt: People publicly discussing potential administration jobs for themselves or their friends are, in fact, hurting President Trump … and themselves. These are an unwelcomed distraction. Second term policy priorities and staffing decisions will not – in no uncertain terms – be led by anonymous or thinly sourced speculation in mainstream media news stories.”For more on the speculation surrounding Trump’s staff in his second term, here’s the Guardian’s Peter Stone:Steven Cheung, a spokesman for Donald Trump, has released a statement that attempts to reframe today’s federal appeals court decision upholding the gag order against the former president:
      Today, the D.C. Circuit Court panel, with each judge appointed by a Democrat President, determined that a huge part of Judge Chutkan’s extraordinarily overbroad gag order was unconstitutional. President Trump will continue to fight for the First Amendment rights of tens of millions of Americans to hear from the leading Presidential candidate at the height of his campaign. The Biden-led witch hunts against President Trump and the American people will fail.
      While the court did strike down parts of the order, it upheld the aspects banning Trump from attacking the prosecutors, witnesses and court staff.In their ruling upholding most of federal judge Tanya Chutkan’s gag order against Donald Trump, the US court of appeals for the district of Columbia circuit found his statements could threaten his trial on charges related to trying to overturn the 2020 election.“We agree with the district court that some aspects of Mr. Trump’s public statements pose a significant and imminent threat to the fair and orderly adjudication of the ongoing criminal proceeding, warranting a speech-constraining protective order,” judge Patricia A Millett wrote for the court.Among the statements cited was one Trump posted on social media the day after his initial appearance in the case: “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” The appeals court also noted that he attacked Chutkan as a “fraud dressed up as a judge” and “a radical Obama hack”, and that a supporter responded with a threat to kill the judge that used what appears to be a racial slur.“We do not allow such an order lightly,” federal appeals court judge Patricia A Millett wrote as she concluded the court’s decision allowing the gag order against Donald Trump.She continued:
      Mr. Trump is a former President and current candidate for the presidency, and there is a strong public interest in what he has to say. But Mr. Trump is also an indicted criminal defendant, and he must stand trial in a courtroom under the same procedures that govern all other criminal defendants. That is what the rule of law means.
      As the Guardian’s Hugo Lowell reported last month, an appeals court appeared inclined to uphold judge Tanya Chutkan’s gag order against Donald Trump, and indeed they have:A federal appeals court appeared inclined at a hearing on Monday to keep some form of a gag order against Donald Trump preventing him from assailing potential trial witnesses and others in the criminal case related to his efforts to overturn the results of the 2020 election.The court expressed concern, however, that the order was too broad and left open the possibility of restricting its scope – including allowing the former US president to criticize the prosecutors in the office of the special counsel Jack Smith who brought the charges.The trial judge Tanya Chutkan, who is overseeing the case in federal district court in Washington, entered the order in October that prohibited Trump from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case.It allowed Trump only to criticize the case in general terms – such as broadly attacking Joe Biden, the Biden administration or the justice department as bringing politically motivated charges against him – and to criticize the judge herself.Trump appealed to the US court of appeals for the DC circuit, arguing the order unconstitutionally infringed on his first amendment rights and protected core political speech as he campaigns to be re-elected to the presidency next year. The order was paused while he appealed.A federal appeals court has upheld most of a gag order against Donald Trump imposed by the judge handling his trial on charges related to attempting the overthrow of the 2020 election.Washington DC-based judge Tanya Chutkan imposed the order in October that prevented the former president from making inflammatory statements and social media posts attacking prosecutors, potential witnesses and court staff in the case. Trump appealed the order, arguing it unconstitutionally infringed on his first amendment rights and hindered his political speech amid his campaign for a second term in the White House.The order was put on hold as appeals judges considered his challenge. In its ruling, the court generally upheld Chutkan’s order, but said Trump was now also allowed to assail the special counsel Jack Smith, who brought the criminal case against the former president.Here’s the moment from Hunter Biden’s interview with Moby where he says Republicans are trying to “kill me” to bring down his father’s presidency:Earlier this week, Democratic and Republican politicians from the White House on down condemned the targeting of a Philadelphia Jewish restaurant by protesters calling for a ceasefire in the Gaza Strip as antisemitic. But the Guardian’s Wilfred Chan reports that the story is more complex than that:The 21-second clip went viral almost as soon as it was posted early on Sunday evening. It showed hundreds of protesters, some with Palestinian flags, united in a rhyming chant: “Goldie, Goldie, you can’t hide, we charge you with genocide!”They were protesting outside Goldie, a vegan falafel restaurant owned by Michael Solomonov, the Israel-born celebrity chef best known for Zahav, an Israeli-themed restaurant widely considered one of the United States’ finest eateries. It was one brief stop along a march traversing Philadelphia that lasted about three hours.Many of the protesters hadn’t even returned home from the march when the condemnations began to pour in. The Pennsylvania governor, Josh Shapiro, a Democrat, posted on X: “Tonight in Philly, we saw a blatant act of antisemitism – not a peaceful protest. A restaurant was targeted and mobbed because its owner is Jewish and Israeli. This hate and bigotry is reminiscent of a dark time in history.”Even the White House piled on: it was “antisemitic and completely unjustifiable to target restaurants that serve Israeli food over disagreements with Israeli policy”, said the deputy press secretary, Andrew Bates. Douglas Emhoff, husband of Vice-President Kamala Harris, wrote on X that he had spoken with Solomonov and “told him @POTUS, @VP, and the entire Biden-Harris Administration will continue to have his back”.It was the apex of a saga that has resulted in at least three workers fired from Solomonov’s restaurants over, as they see it, their pro-Palestine activism coming into conflict with their bosses’ views and policies, and at least one other worker who has resigned in protest – thrusting the renowned Israeli eateries into the thick of bitter US disagreements over the Israel-Hamas war.The street protest against Goldie has sparked heated debate. As the war on Gaza rages on, with over 17,000 people killed in Gaza since 7 October – 70% of them women and children, according to Gaza’s health ministry – are Israel-linked businesses in the US implicated? Was Solomonov, a chef who has credited Palestinian influences in his cooking, an appropriate target?The 2024 election is months away, but Donald Trump and his allies are already planning on who they might hire for White House jobs, assuming he wins. The Guardian’s Peter Stone takes a look at what we know so far about Trump’s hiring plans:As Donald Trump and his allies start plotting another presidency, an emerging priority is to find hard-right lawyers who display total fealty to Trump, as a way to enhance his power and seek “retribution” against political foes.Stocking a future administration with more ideological lawyers loyal to Trump in key posts at the justice department, other agencies and the White House is alarming to former DoJ officials and analysts who say such plans endanger the rule of law.Trump’s former senior adviser Stephen Miller, president of the Maga-allied legal group America First Legal, is playing a key role in seeking lawyers fully in sync with Trump’s radical agenda to expand his power and curb some major agencies. His search is for those with unswerving loyalty to Trump, who could back Trump’s increasingly authoritarian talk about plans to “weaponize” the DoJ against critics, including some he has labeled as “vermin”.Miller is well known in Maga circles for his loyalty to Trump and the hard-line anti-immigration policies he helped craft for Trump’s presidency. Notably, Trump has vowed to make those policies even more draconian if he is the GOP nominee and wins again.Such an advisory role for Miller squares with Trump’s desire for a tougher brand of lawyer who will not try to obstruct him, as some top administration lawyers did in late 2020 over his false claims about election fraud.As Joe Biden centers his presidential campaign around major pieces of legislation enacted on his watch, like the bipartisan infrastructure act, Reuters reports Donald Trump and the GOP are expected to make channeling public funds to private and religious schools a key part of their pitch to voters:Beyond the tumult surrounding Donald Trump’s presidential bid and his threats to seek revenge against his political enemies should he win, the Republican frontrunner has seized on an issue that even some Democrats say could attract new voters in 2024.Trump is backing “school choice” programs that use taxpayer dollars to send students to private and religious schools. It is a stance with wide appeal as parents have become increasingly fed up with the state of US public education.Polls show that about 70% of parents favor greater education options. The issue resonates strongly enough with some voters that Trump’s support could make a difference in the presidential election as well as help Republicans in state and congressional races.“It’s popular among the Republican base, it’s popular among independents and even popular among the Democratic base – in particular African Americans and Hispanics,” said Jason Bedrick, a research fellow at the conservative Heritage Foundation.Hunter Biden’s legal trouble deepened after prosecutors filed new tax charges against him. In an interview with the musician Moby, the president’s son said the GOP is “trying to kill me” to undermine Joe Biden’s presidency, while James Comer, the Republican chair of the House oversight committee, claimed his panel’s work led to the new charges. The president, meanwhile, had nothing to say about the latest developments in the prosecution, instead cheering better-than-expected employment data and announcing new investments in high-speed rail.Here’s what else is going on:
      Hunter Biden’s attorney said the latest charges against his client were the result of “Republican pressure”.
      The rightwing House Freedom Caucus demanded Congress approve hardline immigration policies that Democrats oppose in exchange for more Ukraine aid.
      Joe Biden’s approval ratings have hit a record low, poll aggregator FiveThirtyEight reports.
      The infrastructure act was passed in 2021 with a combination of Democratic and Republican votes, during a period when Congress was a much more functional place than it is today.Things sure have changed, particularly after the GOP took control of the House in last year’s midterm elections. The Republicans made clear they would not go along with the Biden administration’s plans, and though they have spent a substantial time fighting amongst themselves, they are currently fairly united in opposing an attempt by Joe Biden to win approval of a security package for Israel and Ukraine’s military, and the southern border with Mexico.The GOP instead wants Democrats to agree to enact hardline policies that they oppose, like restarting construction of Donald Trump’s border wall, and measures to keep asylum seekers out of the country. There is enough agreement among both parties over the importance of getting aid to Israel and Ukraine that they are still talking about a compromise, but the rightwing House Freedom Caucus just issued a statement saying, in part, that they will not support any bill that does not include the hardline immigration policies:If any compromise passes the House, there’s a good chance it will do so with some Democratic votes, and the Freedom Caucus’s opposition may not matter. Perhaps the person who should be most concerned about their statement is speaker Mike Johnson, considering several of the caucus’s members led the charge to remove his predecessor, Kevin McCarthy, from the leadership post over his willingness to work with Democrats.Joe Biden’s trip to Las Vegas today will see him specifically focus on how the 2021 infrastructure law will revamp railway and build new high-speed lines between major metropolitan areas.High-speed rail has long been an elusive goal for transportation planners in the United States, which, unlike many of its peers among developed countries, has only one line that falls under that classification: Amtrak’s Acela service running between Washington DC and Boston.The White House today announced $8.2b in funding from the infrastructure law will go towards high-speed rail development, including new projects connecting California and Nevada. Here’s more from the Biden administration’s press release:
      Today, the Biden-Harris Administration is announcing $8.2 billion in new funding for 10 major passenger rail projects across the country, including the first world-class high-speed rail projects in our country’s history. Key selected projects include: building a new high-speed rail system between California and Nevada, which will serve more than 11 million passengers annually; creating a high-speed rail line through California’s Central Valley to ultimately link Los Angeles and San Francisco, supporting travel with speeds up to 220 mph; delivering significant upgrades to frequently-traveled rail corridors in Virginia, North Carolina, and the District of Columbia; and upgrading and expanding capacity at Chicago Union Station in Illinois, one of the nation’s busiest rail hubs. These historic projects will create tens of thousands of good-paying, union jobs, unlock economic opportunity for communities across the country, and open up safe, comfortable, and climate-friendly travel options to get people to their destinations in a fraction of the time it takes to drive. More